Pyx Health, Inc.
My Pyx Public Network Terms of Use

ACCEPTANCE OF PUBLIC PLATFORM TERMS OF USE; INTERPRETATION

Acceptance of Public Platform Terms of Use. The following terms and conditions, together with any documents they expressly incorporated by reference (collectively, these “Public Platform Terms of Use”) govern your access to and use of our Public Platform, including any content, functionality, and services offered on or through our Public Platform. These Public Platform Terms of Use are entered into by and between you and us. References to “you” and “your” mean, individually or collectively, as the context dictates, the individual user of our Public Platform. References to the “Parties” mean collectively you and us, and each individually a “Party”. If you are using the Public Platform on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms of Use.

Interpretation. These Public Platform Terms of Use are written in the English language. We do not guarantee the accuracy of any translated versions of these Public Platform Terms of Use. To the extent any translated versions of these Public Platform Terms of Use conflict with this English language version, the English language version of these Public Platform Terms of Use will control.

HOW THE PUBLIC PLATFORM WORKS; MODIFIATIONS

Our Public Platform combines the power of technology with the empathy of our Pyx care team members to provide informed, relevant, and non-clinical health and wellness support to the Public Platform users. THE PUBLIC PLATFORM DOES NOT PROVIDE PROFESSIONAL MEDICAL OR BEHAVIORAL HEALTH CARE SERVICES. PYX HEALTH IS NOT A CLINICAL PROVIDER OF MEDICAL, BEHAVIORAL OR EMERGENCY SERVICES. IF YOU NEED IMMEDIATE ASSISTANCE, CALL 911 OR CONTACT YOUR NEAREST EMERGENCY MEDICAL PROVIDER.

Pyx Health is the owner of the Public Platform and, as between Pyx Health and Platform users, Pyx Health owns all data collected, generated or derived through The Public Platform. Please read our Public Platform Privacy Policy to learn how information about you is collected, used, and shared.

You may use the Public Platform if:

• You have reached the age of legal majority where you live (which is currently 18 years old in most states) or are an emancipated minor; or
• If you are at least 13 years old (a “Mature Minor”) and have the permission of your parent or legal guardian who must agree to these terms on your behalf.

Under no circumstances may the Public Platform be used by individuals who are under the age of 13.

Modifications to The Public Platform and Services. We may modify The Public Platform from time to time, including enhancing or discontinuing features and functions and the Services available.

ACCOUNT CREATION AND ACCOUNT SECURITY

Account Creation. You have to create an account to use The Public Platform. You agree not to create more than one account for yourself or to create an account for anyone for whom you don’t have the legal authority to create an account. You also agree to provide true, accurate, current, and complete information as part of the account creation process and to keep this information current and updated as needed. We reserve the right to refuse services or to terminate your account if the information you have provided is not true, accurate, current or complete. If you choose to create or access your account using a third-party sign-in option (such as Apple or Google), please see the “Optional Sign-In Services” section under “Third Party Content and Third Party Terms” for additional terms that apply.

Account Security

Account Security. You are responsible for maintaining your account credentials (e.g., username, password, passkey or other security measures) in strict confidence, and you are liable for any breach of security caused by your failure to maintain the confidentiality of your account credentials. You will notify us immediately at the contact information listed herein in the event of loss or theft of your account credentials, or if you believe the confidentiality of your account credentials has been compromised in any way, or in the event of your learning about a possible or actual unauthorized use of any portion of the Public Platform, including your account. Pyx Health and its Clients, affiliates, business partners, service providers and contractors will not be responsible or liable any loss or damages arising from your failure to maintain the confidentiality of your account credentials.

CONDITIONS ON YOUR USE OF THE PUBLIC PLATFORM; PROHIBITED USES

Conditions on Your Use of the Public Platform. As a condition of your use of The Public Platform, you (or for a Mature Minor, your parent/legal guardian) understand and agree to all of the following:

• You are an individual who Pyx Health has authorized to use the Public Platform.
• You must be at least the age of legal majority where you live (which is currently 18 years old in most states) to use The Public Platform, or you must be a Mature Minor (at least 13 years old) and either (a) emancipated, or (b) have the permission of your parent or guardian to use The Public Platform. If you are a Mature Minor whose parent/guardian has given their permission for you to use The Public Platform, your parent/guardian must agree to these Terms of Use on your behalf.
• If you are a parent/guardian who is agreeing to these Terms of Use on a Mature Minor’s behalf, you also agree to be responsible for: (a) the conduct of such Mature Minor in connection with The Public Platform; (b) monitoring such Mature Minor’s access to and use of The Public Platform; and (c) the consequences of any use of the App by such Mature Minor.
• You have the legal capacity to enter into this binding legal agreement with us.
• You will use this Platform in accordance with these Terms of Use and comply with any laws that apply to you.
• Text messages through your device’s Short Message Service (“SMS”) (or other text messaging applications) and notifications, as well as email, may not be secure (i.e., not encrypted). There is a risk that an unauthorized person may get access to and read these communications. You accept all risks associated with unsecure communications and will not hold Pyx Health or its Clients, affiliates, business partners, service providers, and contractors responsible or liable if others get access to these communications.
• The Public Platform may be updated, and the content of the Public Platform and Platform services may change without notice.

If any of the conditions to use the Public Platform (listed above) are not satisfied by you, then you are not authorized to use the Public Platform and must cease all access to or use of The Public Platform. Any unauthorized use of the Public Platform is expressly prohibited.

Prohibited Uses of The Public Platform. You may not access or use, or attempt to access or use, the Public Platform to take any action that is likely to (1) cause harm, offense, or nuisance to us or any third party, (2) interfere with the operation of The Public Platform, or (3) violate any applicable law. For example, you are prohibited from doing any of the following:

• Using the Public Platform for any illegal, unethical, abusive, offensive, harassing, or unsolicited purpose;
• Mistreatment or abuse of our Call Center Agents, including but not limited to: illegal, abusive, offensive, harassing, or stalking behavior(s) and other unwelcome advances whether in or outside of The Public Platform;
• Disassembling, decompiling, reverse engineering or using any other means to attempt to discover any source code or underlying ideas, algorithms or organization of The Public Platform;
• Obscuring, altering or removing any patent, trademarks or other proprietary or legal notice affixed to or contained in The Public Platform;
• Encumbering, sublicensing, transferring, selling, exporting, re-exporting, distributing or otherwise commercially exploiting the Public Platform (including without limitation any Platform material) for the benefit of any third party (e.g., any time-sharing or service bureau arrangement);
• Using the Public Platform to advertise, sell, or make a profit;
• Copying, creating derivative works of, or otherwise modifying The Public Platform;
• Publicly performing and/or showing any Platform material;
• Using the Public Platform in any way that is damaging to the Public Platform or that impacts other user access to The Public Platform;
• Misrepresenting your identity, providing false information, impersonating another person or entity, or misrepresenting your relationship with a person or entity or attempting to use another person’s account;
• Attempting to gain unauthorized access to The Public Platform;
• Engaging in any data mining, data harvesting, data extraction, or any other similar activity in relation to the App or while using The Public Platform;
• Using an application programming interface (API) or any other means of connection to access or use the Public Platform other than those made available by Pyx Health, unless approved in advance by Pyx Health;
• Use the Public Platform while operating a motor vehicle; or
• Assisting a third party in engaging in any of these prohibited activities.

Equipment and Operation. You shall provide and maintain all software, hardware, Internet connection and other equipment and services necessary to access The Public Platform, and the costs of any such equipment and/or connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for implementing safeguards to protect your devices, systems, and data. We are not responsible for any damage to your computer system, device, or data resulting from your access to or use of The Public Platform, including from viruses or other harmful code.

PUBLIC PLATFORM PRIVACY POLICY AND SECURITY

Please read our Public Platform Privacy Policy to learn how information about you is collected, used, and disclosed, retained, and protected. We have implemented reasonable administrative, technical, and physical security measures designed to protect the confidentiality, integrity, and accessibility of your personal information. We are the owner of The Public Platform, and as between you and us, we own all data collected, generated, or derived through The Public Platform. By agreeing to these Terms of Use, you are also agreeing to the Public Platform Privacy Policy. The Public Platform Privacy Policy (and changes to it) are incorporated by reference into these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

The Public Platform and all content and other materials on The Public Platform, including all logos, designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Platform Content”) and all right, title, and interest in, to, and under such Platform Content is owned by Pyx Health, its licensors, or other providers of such material. The entire selection, coordination, arrangement, and “look and feel” of the Public Platform and Platform Content are copyrighted as a collective work. Nothing under these Terms of Use is to be construed as a sale or other conveyance or grant to any person of any rights in, to, under, or related to The Public Platform, the Public Platform Content, or any other intellectual property rights we own. To the extent AI Capabilities are used, as between you and us, the AI Capabilities and any other underlying technologies are and will remain our exclusive property or, if applicable, the property of our licensors.

Pyx Health is a registered trademark in the United States and all related names, logos, product and service names, designs, and slogans (“Pyx Health Marks”) are trademarks of Pyx Health or our affiliates or licensors. You must not use Pyx Health Marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Public Platform are the trademarks of their respective owners.

COMMUNICATIONS POLICY

The Public Platform may include capabilities for you to communicate with us or others, whether by submitting emails or other electronic messages or providing your telephone number, cell phone number, physical address, or other means of communication. If you provide information to us, including your personal information, you consent to: (1) our review and analysis of such information; and (2) your receipt of our return messages, whether by phone, text, mail, or email, in each case, sent by us or a third party acting on our behalf. You further consent to receive such communications by automated dialing equipment or artificial or prerecorded messages, or a combination of the foregoing. You may receive multiple messages each day. Data and text message rates may apply. We are not responsible for any data transmission fees. You can opt out at any time from receiving text messages by replying “STOP.” Please allow sufficient time for your preferences to be processed. This opt-out process also does not apply to live phone calls or emails, which may continue if we need to reach you.

You further agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You waive any rights or requirements under any applicable law which requires an original signature, signature by name or initial, or delivery or retention of non-electronic records. You also agree to the use of electronic signatures (including clickwraps), contracts, consents, authorizations, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by or through The Public Platform, SMS (or other text messaging applications), or email.

ARTIFICIAL INTELLIGENCE

The Public Platform may include the use of artificial intelligence (AI), machine learning engines or systems, neural networks, or substantive similar technologies (collectively “AI Capabilities”). Examples of AI Capabilities we may use or offer in connection with the Public Platform include: (1) speech recognition and speech-to-text or speech-to-images; (2) natural language processing; (3) predictive analytic models and forecasting or trend analysis; (4) generative AI for language, text and image processing; and (5) generative AI-powered summaries, recommendations, and conversational agents. We may provide you with additional information, notices or disclaimers regarding our AI Capabilities and, if required by applicable law, any rights you may have with respect to our use of certain AI Capabilities. You acknowledge and agree that Pyx Health may, in its sole discretion, decide whether or not to use AI Capabilities and may modify or discontinue its use of AI Capabilities at any time.

To the extent we may make our AI Capabilities available directly to you, you are responsible for all information and data you may input into the AI Capabilities (collectively, “AI Input”). You represent and warrant that you have all rights, licenses, and permissions required to share your AI Input with us. We cannot guarantee the accuracy, completeness, or timeliness of the information or output generated by the AI Capabilities, including without limitation any AI output that is generated in connection with information or data that you may input on the Public Platform or in connection with the Public Platform (collectively, “AI-Generated Content”). AI-Generated Content must not be used as a substitute for professional advice. You must verify the AI-Generated Content and consult appropriate professionals for specific advice or information. We suggest that you do so before making any decision based on such AI-Generated Content. We do not assume, and we specifically disclaim, any responsibility or liability damages or losses resulting from your use or interpretation of this AI-Generated Content. Any actions that you take based on AI-Generated Content are at your own risk. Additionally, the AI-Generated Content is not intended to be offensive or discriminatory. If you find any AI-Generated Content that is offensive or discriminatory, please report it to us.

To the extent the Public Platform may use AI Capabilities, you acknowledge and agree that Pyx Health may process and store your AI Input, AI-Generated Content, personal information and derivatives thereof in accordance with our Public Platform Privacy Policy. You further acknowledge and agree that Pyx Health, to the extent permitted by applicable law, retains all ownership in and use of AI-Generated Content, and you will only use AI-Generated Content for your own personal use.

IN ADDITION TO ALL DISCLAIMERS AND LIMITATIONS INCLUDED IN THESE PLATFORM TERMS OF USE, PYX HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ANY AI CAPABILITIES, OR THE INFORMATION, TEXT, AND CONTENT INCLUDED IN THE AI-GENERATED CONTENT, OR THE USE OF AI-GENERATED CONTENT, INCLUDING WITHOUT LIMITATION, ACCURACY OF THE RESULTS, AVAILABILITY, SUITABILITY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE AI CAPABILITIES. PYX HEALTH WILL HAVE NO LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM CUSTOMER’S USE OF THE AI-GENERATED CONTENT OR ANY ERRORS OR OMISSIONS CONTAINED IN THE AI-GENERATED CONTENT.

THIRD PARTY CONTENT AND THIRD-PARTY CLAIMS

The Public Platform may contain content, products or services offered by third parties, such as community resources (like www.211.org). Such third parties may use or include in their product or services AI Capabilities, and they may require you to agree to their terms of use and privacy policies in order to access their content, products or services. Pyx Health does not endorse any websites that are linked to the Public Platform or made available to you through the services. Pyx Health takes no responsibility for any content, products, or services offered by a third party, and you agree that Pyx Health will not be held liable for any damage or loss caused by a third party.

ADDITIONAL TERMS GOVERNING PLATFORM APPLICATION ACCESS.

The Apple App Store. If you access the Public Platform through the Apple App Store, you acknowledge that these Terms of Use are between you and Pyx Health, and not with Apple Inc. (“Apple”). Apple is not responsible for The Public Platform, its content or its maintenance or support. Your use of the Public Platform must also comply with Apple’s then-current terms of service. To the maximum extent permitted by applicable law, Apple has no warranty or other obligations with respect to The Public Platform. You further acknowledge that Apple is not responsible for any claims relating to your possession or use of the Public Platform and shall not be responsible for the investigation, defense, settlement, or discharge of any third-party claim that the Public Platform infringes that third party’s intellectual property rights.

Google Play. If you access the Public Platform through Google Play, you acknowledge that these Terms of Use are between you and Pyx Health, and not with Google LLC (“Google”). Your use of the Public Platform must also comply with the then-current Google Play terms of service. Google is only a provider of the Google Play marketplace where you obtained The Public Platform. Google has no obligation or liability to you with respect to The Public Platform, including but not limited to any maintenance and support, product warranty, liability for product claims, intellectual property claims, or consumer protection and regulatory matters.

OPTIONAL SIGN-IN SERVICES.

The Public Platform may allow you to sign in using an account you already have with a third party, such as Apple, Google, or another identity provider (each an “Identity Provider”). If you choose to use one of these services, you authorize Pyx Health and the Identity Provider to exchange the information necessary to authenticate your identity and enable account creation or access. Your use of any third-party sign-in service is subject to that Identity Provider’s own terms of use and privacy policy(ies). For example, Apple’s Sign in with Apple terms (https://www.apple.com/legal/privacy/data/en/sign-in-with-apple/) and Google’s APIs Terms of Service (https://developers.google.com/terms). Pyx Health does not control and is not responsible for the acts or omissions of any Identity Provider. Your use of such third-party sign-in services is at your own discretion and risk.

MEDICAL DISCLAIMER, DISCLAIMERS OF WARRANTY, LIMITATIONS OF LIABILITY AND CLASS ACTION WAIVER

MEDICAL DISCLAIMER. THE PUBLIC PLATFORM DOES NOT OFFER MEDICAL ADVICE, AND NOTHING CONTAINED IN THE PUBLIC PLATFORM IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL OR BEHAVIORAL HEALTH DIAGNOSIS OR TREATMENT. YOU SHOULD NOT RELY ON ANYTING CONTAINED IN THE PUBLIC PLATFORM. YOUR RELIANCE UPON THIS PLATFORM IS DONE AT YOUR OWN RISK. THIS INCLUDES YOUR USE OF AND ACCESS TO ANY AI CAPABILITIES THAT WE MAKE AVAILABLE TO YOU.

disclaimers of warranty. PYX HEALTH DOES NOT GUARANTEE THAT INFORMATION ON THE PUBLIC PLATFORM, INCLUDING WITHOUT LIMITATION ANY AI-GENERATED CONTENT, WILL BE ACCURATE, COMPLETE, TIMELY (REAL TIME), ERROR-FREE, SECURE, OR WITHOUT INTERRUPTIONS. YOU UNDERSTAND AND AGREE THAT The Public Platform, THE PUBLIC PLATFORM CONTENT, ANY OTHER SERVICES PROVIDED THROUGH The Public Platform, AND ALL THIRD-PARTY CONTENT ON THE PUBLIC PLATFORM ARE PROVIDED ON AN “AS IS” and “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO The Public Platform, THE PUBLIC PLATFORM CONTENT, THIRD PARTY CONTENT, OR ANY THIRD PARTY ACTS OR OMISSIONS, AND TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, DATA ACCURACY AND COMPLETENESS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WE MAKE NO, AND DISCLAIM ANY, WARRANTY THAT THE PUBLIC PLATFORM or PLATFORM CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, OR THAT WE CAN OR WILL FIX ANY ISSUE. WE DISCLAIM RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PUBLIC PLATFORM, INCLUDING WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE PROPERTIES.

limitations of liability . you understand and agree that pYX health, its members, officers, directors, representatives, employees, agents, affiliates, BUSINESS PARTNERS, SERVICE PROVIDERS, CONTRACTORS AND CLIENTS (SUCH AS THE PATIENT’S HEALTH PLAN OR HEALTH CARE PROVIDER), will not be liable to you or anyone else for any indirect, INCIDENTAL, consequential (INCLUDING without limitation LOST REVENUES OR LOST PROFITS), punitive, OR exemplary DAMAGES, PENALTIES, or special liability arising out of or in any way CONNECTED WITH your use of THE PUBLIC PLATFORM, THE USE OF THE PUBLIC PLATFORM BY ANOTHER PERSON ACCESSING YOUR ACCOUNT, OR YOUR VIOLATION OF THESE TERMS OF USE OR the PUBLIC PLATFORM PRIVACY POLICY.

IN NO EVENT WILL PYX HEALTH’S LIABILTY (OR THE LIABILITY OF ITS CLIENTS) arising out of or related to USE of The Public Platform EXCEEDThis monetary cap on liability applies REGARDLESS OF WHETHER PYX HEALTH HAS BEEN INFORMED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH LIABILITY OR THE TYPE OF CLAIM (INCLUDING WITHOUT LIMITATION CONTRACT OR TORT).

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PUBLIC PLATFORM IS TO STOP USING THE PUBLIC PLATFORM. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL IN NO EVENT EXCEED THE SUM OF FIFTY DOLLARS (US $50.00). YOU FURTHER AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THE USE OF THE PUBLIC PLATFORM, THESE TERMS OF USE, OR THE PUBLIC PLATFORM PRIVACY POLICY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR SUCH ACTION WILL BE PERMANENTLY BARRED. pyx health disclaims responsibility for any harm resulting from downloading or accessing any information or material through The Public Platform, including without limitation, harm caused by viruses or similar destructive properties.

You also understand and agree that pyx health is not responsible for YOUR HEALTH CARE PROVIDER’S, or care team’s acts or failure to act.

THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR PYX HEALTH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS.

IF APPLICABLE LAW DOES NOT ALLOW FOR ANY DISCLAIMER, LIMITATION OF LIABILITY, OR WAIVER (OR ANY PORTION THEREOF) AS SET FORTH IN THESE TERMS OF USE, THE DISCLAIMER, LIMITATION OF LIABILITY, OR WAIVER WILL BE DEEMED MODIFIED SOLELY TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW.

This Section will survive the termination or expiration of these Terms of Use.

INDEMNIFICATION

you AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS pyx health, its members, officers, directors, representatives, employees, agents, AFFILIATES, BUSINESS PARTNERS, SERVICE PROVIDERS, AND CONTRACTORS, from any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or in any way connected with your use of The Public Platform, the use of The Public Platform by another person accessing your account, or your violation of these terms of use. This Section will survive the termination or expiration of these Terms of Use.

ACCURACY OF INFORMATION

We make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of content on The Public Platform. It is possible that The Public Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made by third parties. If an inaccuracy arises, please inform us so that it can be corrected.

By accessing and using The Public Platform, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you agree to update such information, as needed, to keep it accurate, complete and up to date. You agree to promptly notify us in writing if your information changes. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us.

MONITORING

We reserve the right at all times to electronically record and monitor areas of the Public Platform and may disclose any content, records, or electronic communication of any kind if required to do so by any law, regulation, or government request, if we believe that such disclosure is necessary or appropriate to operate The Public Platform, or to protect our rights or property or those of related third parties. By using The Public Platform, you are consenting to us recording and monitoring your activities on The Public Platform, and we may use third party vendors to assist us in recording and monitoring those activities. If you do not want your activities on the Public Platform recorded or monitored, please do not use The Public Platform.

TERM AND TERMINATION

Term. These Terms of Use are effective immediately on download of The Public Platform. The then-current version of these Terms of Use will remain in full force and effect while you use The Public Platform. Your request and ability to access and use the Public Platform is not guaranteed.

Suspension and Termination. You agree that we may, in our sole discretion, change, terminate or suspend your access to all or any part of The Public Platform, including any feature, content, or service, with or without notice and for any reason. We may also place limitations on the use of certain services, content or features, and/or limit your access to parts of The Public Platform without notice or liability. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your access to and use of The Public Platform, and if we believe that you have committed such acts, we may also report you to appropriate law enforcement authorities.

You may terminate These Public Platform Terms of Use by terminating your use of The Public Platform and any related Electronic Communications initiated through The Public Platform.

Effect of Termination. If These Public Platform Terms of Use are terminated for any reason or no reason, you acknowledge and agree that you will continue to be bound by These Public Platform Terms of Use. Following termination, you shall immediately cease use of The Public Platform. Upon termination, we are not obligated to, but reserve the right to, delete all your content, data, and other information stored on our servers. We will not be liable to you or any third party as a result of the termination of These Public Platform Terms of Use or for any actions taken by us pursuant to These Public Platform Terms of Use as a result of such termination. Rights and obligations which by their nature should survive, will remain in full force and effect following termination or expiration of these Terms of Use, including without limitation all disclaimers, limitations on liability, class action waiver, and indemnification.

FEEDBACK

If you identify problems, solutions to identified problems, or provide suggestions, ideas, or other feedback regarding The Public Platform or Pyx Health’s products or services ( collectively “Feedback”), you grant Pyx Health a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable license to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit the Feedback for any purpose without compensation or attribution to you. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and we shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information, and you are not entitled to any compensation or reimbursement of any kind from us under any circumstances relating to such Feedback.

COPYRIGHT COMPLAINTS (DMCA)

If you believe that any content on The Public Platform infringes your copyright, please send a notice to our designated agent at [email protected] with the information required by the Digital Millennium Copyright Act (DMCA). We may remove or disable access to allegedly infringing content.

CHANGES TO THESE TERMS OF USE

We may change these Terms of Use at any time and for any reason. We may notify you of material changes through The Public Platform, by email or push notification to the mobile phone number you provided to us. By agreeing to these Terms of Use, you agree to receive such notifications. You can access the most current version of these Terms of Use that apply to your use of the Public Platform through The Public Platform. You can also contact us for a copy at: [email protected].

Unless otherwise specified by us, all changes will be effective immediately upon being updated in The Public Platform. You should look at these Terms of Use on a regular basis. The “Last Updated” date is posted at the top of these Terms of Use. You agree to any changes by using the Public Platform after the changes become effective. If you do not agree to the changes, you must stop using The Public Platform.

GOVERNING LAW AND JURISDICTION

Arizona law governs the interpretation of these Terms of Use and the Public Platform Privacy Policy, and will apply if there are disputes. Disputes will be settled in Pima County, Arizona.

ARBITRATION AGREEMENT

All disputes arising out of, relating to, or in connection with these terms or your use of the Public Platform that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and Pyx Health are not required to arbitrate any dispute in which either Party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, you and Pyx Health will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules (“AAA Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.

If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.

Your arbitration fees and share of arbitrator compensation will be limited to those fees set forth in the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Pyx Health for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

The arbitrator will have exclusive authority to decide the jurisdiction of the arbitrator, including any unconscionability challenge or other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator shall also have the exclusive authority to determine the rights and liabilities, if any, of the parties. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law and the arbitral forum’s rules. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.

Notwithstanding the foregoing, a party may pursue a claim for public injunctive relief either in court or through arbitration. If a court decides that any part of this Arbitration provision is invalid or unenforceable, the other parts of this Arbitration provision shall still apply. The remainder of these Terms will continue to apply and be unaffected by this severability provision.

JURY TRIAL WAIVER

EXCEPT WHERE NOT PERMITTED BY LAW, YOU AND PYX HEALTH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. IN ANY LITIGATION BETWEEN YOU AND PYX HEALTH OVER WHETHER TO VACATE OR ENFORCE AN ARBITRATION AWARD, YOU AND PYX HEALTH WAIVE ALL RIGHTS TO A JURY TRIAL AND ELECT INSTEAD TO HAVE THE DISPUTE BE RESOLVED BY A JUDGE.

CLASS ACTION WAIVER

YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED IN ACCORDANCE WITH THESE TERMS OF USE AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION LAWSUIT, OR CLASS OR COLLECTIVE ARBITRATION.

NON-EXPORT

The Public Platform is intended to be used only by users in the United States. We do not make any representation whatsoever that the Public Platform is accessible, appropriate, or legally available for use in locations outside the United States and accessing and using the Public Platform may be prohibited by those territories where doing so would be illegal. If you access or use the Public Platform from any such other locations, then you do so at your own initiative and risk and are solely responsible for compliance with local laws. Those who choose to access the Public Platform from other locations do so on their own initiative and are responsible for compliance with all applicable local laws. Please also note that software is subject to United States export controls. No software may be downloaded from the Public Platform or otherwise exported or re-exported as follows: (1) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (2) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with U.S. export control laws and that you will not transfer any software or other content from the Public Platform to a foreign national or foreign country in violation of those laws.

MISCELLANEOUS TERMS

These Public Platform Terms of Use (together with any policies or notices that are expressly incorporated by reference) constitute the entire agreement between you and Pyx Health regarding The Public Platform and supersede all prior or contemporaneous understandings relating to The Public Platform.

Governing Law and Jurisdiction. Arizona law governs the interpretation of These Public Platform Terms of Use and our Privacy Policy, and will apply if there are disputes, without reference to its choice of law rules. Subject to the Class Action Waiver above and to the extent arbitration is not required by a separate written agreement between you and Pyx Health, you agree that any legal action arising out of or relating to The Public Platform will be brought exclusively in the state or federal courts located in Pima County, Arizona, and you consent to jurisdiction in those courts and waive any objections to such jurisdiction and venue; provided, however, that we shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction.

Entire Agreement; Order of Priority . These Public Platform Terms of Use, including any legal notices and disclaimers contained on The Public Platform and other policies or notices that are expressly incorporated by reference, constitute the entire agreement between us and you in relation to your use of The Public Platform, and supersede all prior agreements and understandings with respect to The Public Platform. You agree that you have not relied on any promises or representations by us except as set forth in These Public Platform Terms of Use. If there is any conflict between These Public Platform Terms of Use and any other rules or instructions posted on The Public Platform, These Public Platform Terms of Use shall control.

Remedies; No Waiver; Reservation of Rights. You agree that in no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of The Public Platform, or any other materials issued in connection therewith, or exploitation of The Public Platform or any content or other material used or displayed through The Public Platform. Our failure to insist upon or enforce any provision of These Public Platform Terms of Use shall not be construed as a waiver of any provision or right. These Public Platform Terms of Use do not limit any rights that we may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to us, pursuant to These Public Platform Terms of Use or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to us.

Assignment. You are not permitted to assign, transfer, or delegate any of your rights and/or obligations under These Public Platform Terms of Use and any attempted transfer or assignment will be null and void. We are permitted to assign, transfer, delegate, and subcontract our rights and/or obligations under These Public Platform Terms of Use without any notification to you or requiring your consent.

Force Majeure. We shall not be liable, or deemed to be in default or breach of These Public Platform Terms of Use or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, civil insurrection, strikes or other organized labor interruption, epidemics, pandemics, or other threats of serious disease or illness (as determined by an authorized state governmental agency or official or the Centers for Disease Control and Prevention), interruptions or failures of third-party utilities (e.g., electricity providers) or third-party communications providers or the Internet, fire, explosions, floods, or other natural disasters, acts or omissions of you or third parties not under our direction or control (each a “Force Majeure event”).

Survival. Any sections or terms, which by their nature should survive or are otherwise necessary to enforce the purpose of These Public Platform Terms of Use, will survive the termination of These Public Platform Terms of Use and termination of The Public Platform.

Severability. Every provision of These Public Platform Terms of Use shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of These Public Platform Terms of Use (or portion thereof) is held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision (or portion thereof) shall be deemed severed from These Public Platform Terms of Use and all other provisions of These Public Platform Terms of Use shall remain in full force and effect.

Headings. All headings included in These Public Platform Terms of Use are included for convenience only and shall not be considered in interpreting These Public Platform Terms of Use.

Compliance; Export Controls. You agree to comply with all applicable laws in connection with your use of The Public Platform. You may not use, access, export, re-export, or transfer The Public Platform except as authorized by United States law and the laws of the jurisdiction in which you obtained access to The Public Platform.

Severability; Modification; Survival. EACH PROVISION OF THESE PUBLIC PLATFORM TERMS OF USE THAT PROVIDES FOR A DISCLAIMER OF WARRANTIES, EXCLUSION OR LIMITATION OF LIABILITY, OR WAIVER IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE PUBLIC PLATFORM TERMS OF USE. IF APPLICABLE LAW DOES NOT ALLOW FOR A DISCLAIMER, EXCLUSION, LIMITATION, OR WAIVER (OR ANY PORTION THEREOF) AS SET FORTH IN THESE PUBLIC PLATFORM TERMS OF USE, THE DISCLAIMER, EXCLUSION, LIMITATION, OR WAIVER WILL BE DEEMED MODIFIED SOLELY TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW. THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THESE PUBLIC PLATFORM TERMS OF USE.

CONTACT INFORMATION

If you have questions, or need to contact us for any reason about these Terms of Use, please contact us at: [email protected]. If you experience any difficulty accessing any part of the Public Platform, please contact us at and we will work with you to provide the information you need through an alternative accessible format. We do not guarantee that we will receive such communications timely and accurately and are not legally obligated to read, act on, or respond to any such email or other information in a specified time frame.