User Agreement

Effective Date: June 25, 2021

These Terms of Use (these “Terms of Use” “Terms”) apply to your access to and use of our websites and

services that link to these Terms (the “Services”), including the FitPeo Platform (the “Platform”). Please

read these Terms carefully before using our Services. NOTE THAT THESE TERMS CONTAIN A MANDATORY

ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND

LIMITS THE FORUM AND/OR REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES. YOU

CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING OPT

OUT@FitPeo.COM WITHIN 30

_

DAYS OF ACCEPTING THESE TERMS.

By clicking “I accept” or by accessing or using the Services provided by FitPeo, Inc. (“Us” or “We” or

“FitPeo”), you agree to be bound by these Terms and all of the terms incorporated herein by reference.

If you do not agree to these Terms, including the mandatory arbitration and class action waiver, you

may not access or use the Services.

FitPeo reserves the right to revise these Terms from time to time in our sole discretion. If we make

changes to these Terms, we will provide notice of such changes, such as by sending an email notification,

providing notice through the Services or updating the “Effective Date” date at the beginning of these

Terms. By continuing to access or use the Services, you confirm your acceptance of the revised Terms and

all of the terms incorporated herein by reference. We encourage you to review the Terms frequently to

ensure that you understand the terms and conditions that apply when you access or use the Services. If

you do not agree to the revised Terms, you may not access or use the Services.

What Are the Services?

The Services are intended to provide a convenient platform for (1) patients to use to track their health

data in real time and communicate that information to their respective healthcare provider(s), and (2)

providers to use to proactively track and analyze their patients’ health condition(s) through pertinent

health data, treatment and medication adherence, and outcomes. You (“You”) are either a “Provider

User” or a “Patient User .

”

You may access and use the Services only in accordance with these Terms, and You agree to comply with

all applicable laws, rules, and regulations, including any other policies incorporated into these Terms,

such as our Privacy Policy (FitPeo.com/privacy_policy).

Patient Users:

We do NOT guide medical decision-making

THE PLATFORM CANNOT AND IS NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE OR

SUBSTANTIVELY IMPACT YOUR PROVIDER-PATIENT RELATIONSHIP WITH OTHER USERS OR TO ADDRESS

SERIOUS, EMERGENT , OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN

THOSE CIRCUMSTANCES.If at any time You are concerned about the care or treatment You receive from healthcare

professionals affiliated with the Services (“Providers”), please contact your healthcare provider. If You

believe or suspect or someone else advises You that You have a serious or life-threatening condition,

call 9-1-1 in areas where that service is available, or go to the nearest emergency room.

A PROVIDER’S USE OF OUR SERVICES TO DELIVER CARE TO YOU IS NOT AN ENDORSEMENT OR

RECOMMENDATION OF SUCH PROVIDER BY FitPeo. WE DO NOT PROVIDE MEDICAL ADVICE, AND WE ARE

NOT RESPONSIBLE FOR OR IN CONTROL OF THE MEDICAL ADVICE PROVIDED TO YOU BY PROVIDERS,

EVEN IF SUCH ADVICE IS PROVIDED THROUGH THE SERVICES.

We do not confirm the credentials of any Provider using the Services. We do not validate that any such

persons are in good standing with their respective licensure board(s) or that they are using the Services

in accordance with laws applicable to their scope of practice. It is Your responsibility to separately

confirm that a Provider is in good standing with his or her respective licensing board(s) and to exercise

whatever other due diligence You feel appropriate in selecting and maintaining Your choice of healthcare

professionals.

Any healthcare advice provided by a Provider through the Services is based on the information You

provide. If You do not provide complete and accurate information, the healthcare advice You receive may

not be accurate or appropriate. Questions and information collected from You through the Services are

designed for informational and/or research purposes and to identify potential patterns in

symptomologies and treatments.

General information available through the Services about medical conditions, symptomology, available

drugs, treatment options, or other general information such as educational articles and videos, if

provided by FitPeo, is provided for general educational purposes only. Never disregard, avoid, or delay in

obtaining medical advice from a physician or other qualified healthcare professional because of

something contained in the Services. Always seek medical advice from your provider .

Devices

The Platform is intended to be used in association with certain monitoring devices provided to You (the

“Devices”). The Services are intended to be used as directed by Your provider . FitPeo does not guarantee

a particular health outcome based on use of the Services. The Devices are provided to You through

FitPeo, but We do not manufacture one or more of the Devices and We therefore do not offer and, and

expressly disclaim all device or product warranties with respect to Devices we do not manufacture. The

manufacturer of Your Device(s) may or may not offer a warranty, and We are happy to assist You in

accessing any applicable manufacturer warranties that may be available to You. Please contact us at

support@FitPeo.com for this assistance. With regards to devices we do manufacture, our Warranty is

limited to replacement of the device if it ceases working properly during the time in which you are

receiving Services from FitPeo.

Please also note, the Device(s) provided to you through FitPeo are meant to be used exclusively with the

Platform and shall not be connected to or used with any other app or software. You are not permitted to

use or allow any third party to use the Devices other than in association with the Platform. In addition,

You are not permitted to use any device other than the Device(s) with the Platform.

Lastly, the Devices provided to you are FitPeo’s property and are being loaned to you for the purpose ofreceiving Services from FitPeo. If you violate these Terms, your provider ceases to authorize the receipt

of the services, you ask FitPeo to discontinue services, or you fail to use the Devices at the frequency and

in the manner required by your provider, you will be required to, at FitPeo sole discretion, either return,

dispose of, or donate them in the manner instructed by FitPeo.

Provider Users:

THE PLATFORM CANNOT AND IS NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE OR

SUBSTANTIVELY IMPACT YOUR PROVIDER-PATIENT RELATIONSHIP WITH PATIENT USERS OR TO ADDRESS

SERIOUS, EMERGENT , OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN

THOSE CIRCUMSTANCES.

Who Is Eligible to Use The Services?

By registering for an account and using the Services, You represent and warrant:

1. That You are at least 18 years old and are otherwise legally qualified to enter into and form

contracts under applicable law;

2. Your Registration Data is true, accurate, current, and complete;

3. You will update Your Registration Data as needed to maintain its accuracy;

4. You are authorized to create a User Account (either for Yourself or another person);

5. You acknowledge and agree to the terms of the Privacy Policy (FitPeo.com/privacy_policy)

6. You are legally authorized to view information accessible through the Services;

7. If You are a Provider User, You are licensed to provide healthcare services through the Services;

and

8. If You are a Patient User, You are physically located in the State you choose/have chosen as your

current location. You acknowledge that your ability to access and use the Services is conditioned

upon the truthfulness of this certification and that the Providers you access are relying upon this

certification in order to interact with you. In the event that your certification is inaccurate, you

agree to indemnify Us and the Providers you interact with from any resulting damages, costs or

claims as set forth in the Indemnification Section below.

NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW . DO NOT USE THE SERVICES WHERE

PROHIBITED BY LAW . YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE

THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES

THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY

OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.

Provider Users: THE SERVICES ARE NOT INTENDED FOR EMERGENCY SITUATIONS. IN THE CASE OF AN

EMERGENCY WITH ONE OF YOUR PATIENTS, YOU SHOULD CALL 911 OR DIRECT YOUR PATIENT TO CALL

911.Who Owns the Services?

FitPeo owns the Services, including all content and functionality You access through the Platform. Subject

to Your compliance with these Terms, FitPeo grants You a non-exclusive, non-sublicensable, revocable,

non-transferable license to use the Services by accessing the Platform via user's computer and mobile

device.

You may not use FitPeo’ name, trademarks, service marks, or logos, or those of third parties appearing

on or affiliated with the Services in any advertising or publicity or to otherwise indicate FitPeo’ or such

third party’s sponsorship or affiliation with any product or service without express written permission

from FitPeo or such third party.

You own Your Personal Data (as defined in the Privacy Policy) (FitPeo.com/privacy_policy) and any other

content You submit on or through the Services (collectively,

“Content”). If You are entering someone else’s information into the Platform, You represent and warrant that You have permission to do so. As a

condition of providing You the Services, You grant to FitPeo a perpetual, non-exclusive, fully paid and

royalty-free, transferable, sublicensable, worldwide license to use Your Content for the purpose of

providing the Services, subject to the restrictions in the Privacy Policy. You also agree to allow Us to

de-identify and anonymize Your Content, in accordance with Our Privacy Policy, and to use or disclose

such de-identified information for any legal purpose.

What Are You Prohibited From Doing?

You may use the Services only for lawful purposes and in accordance with these Terms, In addition, We

impose certain restrictions on Your use of the Services, which are highlighted below.

While using the Services, You shall not:

1. provide false, misleading or inaccurate information to Us or any other user;

2. use the Services for any commercial purpose or the benefit of any third party or in any manner not

permitted by these Terms;

3. impersonate or attempt to impersonate Us, one of Our employees, another user, or any other

person or entity (including, without limitation, by using e-mail addresses or screen names

associated with any of the foregoing);

4. use or attempt to use any manual process, engine, software, tool, agent, or other device or

mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents)

to harvest, monitor, or otherwise collect information from the Platform for any use, including

without limitation, use on third-party websites, without Our consent;

5. use the Services in any manner that could disable, overburden, damage, or impair the Services or

interfere with any other party's use of the Services, including their ability to use the Services;

6. access content or data not intended for You, or log onto a server or account that You are not

authorized to access;7. violate any applicable federal, state, local or international law or regulation (including, without

limitation, any laws regarding the export of data or software to and from the US or other

countries);

8. attempt to probe, scan, or test the vulnerability of the Platform or any associated system or

network, or breach security or authentication measures without proper authorization;

9. interfere or attempt to interfere with the use or functionality of the Platform by any other user,

host or network, including, without limitation by means of submitting a virus, trojan horse,

worm, logic bomb or other material which is malicious in nature or technologically harmful such

as overloading, flooding, spamming, mail bombing, crashing, etc that adversely impact to the

platform or the users of the platform;

10. forge any TCP/IP packet header or any part of the header information in any e-mail or in any

uploading or posting to, or transmission, display, performance or distribution by means of, the

Platform;

11. post or transmit any unsolicited advertising, promotional materials,

letters,

" "pyramid schemes,

" or any other form of solicitation;

"junk mail"

,

"spam,

" "chain

12. post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or

violates a third party’s patent, copyright, trademark, trade secret, moral rights or other

intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any

conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii)

is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or

offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any

individual or group; (vi) is violent or threatening or promotes violence or actions that are

threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

13. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological

measure implemented by Us, You, or any other third-party (including another user) to protect

the Platform;

14. attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to

reduce to a human-perceivable form any of the source code used by Us in providing the Services.

Any violation of this section may subject You to civil and/or criminal liability;

15. engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services,

or which, as determined by Us, may harm Us or users of the Services or expose them to liability,

or otherwise interfere with or attempt to interfere with the proper working of the Platform; or

16. encourage or enable any other individual to do any of the above.

We are not obligated to monitor Your use of the Services, but We may do so to ensure Your compliance

with these Terms, and to respond to law enforcement or other government agencies if and when We are

required to. FitPeo reserves the right to suspend or terminate Your use of the Services without notice to

You if You partake in any of the prohibited uses described above.How Shall You Protect Your Login Information?

The Platform is designed to require users to create a username and password to access and use the

Services. Your username and password are, collectively, Your “User Credentials.

” You are solely

responsible for (A) maintaining the strict confidentiality of Your User Credentials, (B) not allowing

another person to use Your User Credentials to access the Services, (C) any and all damages or losses that

may be incurred or suffered as a result of any activities that occur under Your User Credentials,

regardless of whether You were aware of those activities. You agree to immediately notify Us in writing

by email of any unauthorized use of Your User Credentials or any other compromise of the security of

Your User Account.

WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR

PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. WE ARE NOT AND SHALL NOT BE LIABLE

FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY

RESULTING ACCESS TO YOUR PERSONAL DATA, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE

USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU

WERE AWARE OF SUCH USE.

You may be held liable for any losses incurred by FitPeo and/or its affiliates, officers, directors, and

representatives (“Company Representatives”) due to someone else’s use of Your account or password,

regardless of whether You were aware of such use.

How Do We Protect Your Privacy?

We respect Your Privacy and take Our commitment to protect Your Privacy seriously. This commitment is

reflected in the way We protect the information You provide to Us. Please see Our Privacy Policy for an

explanation of the information that We collect from You and how We use Your information. By clicking “I

Agree”

, accessing or using the Services, or by downloading, viewing, or uploading any of Our content

through the Services, You acknowledge and agree to the provisions of the Privacy Policy

(FitPeo.com/privacy_policy) and affirm that the Privacy Policy is a part of these Terms.

Provider Users:

By using the Services and accepting these Terms, You acknowledge that We may share Your Personal

Data with third parties, as described in the Privacy Policy, and will seek Your consent or other

authorization before doing so where required by law.

Patient Users:

By using the Services and accepting these Terms, You acknowledge that We may share Your Personal

Data with other users, including your Provider, as described in the Privacy Policy, and will seek Your

consent or other authorization before doing so where required by law. You expressly acknowledge and

agree that We are neither responsible for nor liable to You or any third party for the treatment of Your

Personal Data by any such individual or entity, including any collection, use, disclosure, storage, loss,

theft, or misuse of Your Personal Data, whether or not such treatment violates applicable law or the third

party’s privacy practices.Please be aware that Our Privacy Policy (FitPeo.com/privacy_policy) does not address how healthcare

providers with whom You share information collected, generated, or stored via the Services may further

use and disclose Your health information. Your healthcare provider’s Notice of Privacy Practices shall be

publicly available and is usually located on their website. Our Privacy Policy does not apply to the

collection, use, disclosure, or treatment of Your Personal Data directly by any provider, clinician,

researcher, caregiver, or other healthcare professional and/or entity other than through the Services. You

expressly acknowledge and agree that We are neither responsible for nor liable to You or any third party

for the treatment of Your Personal Data by any such individual or entity, including any collection, use,

disclosure, storage, loss, theft, or misuse of Your Personal Data, whether or not such treatment violates

applicable law or the healthcare provider’s Notice of Privacy Practices.

Computer Equipment and Internet Access

You are responsible for obtaining, installing, maintaining and operating all software, hardware, or other

equipment (collectively,

"Systems") necessary for You to access and use the Services. This includes,

without limitation, obtaining internet services, using up to date web-browsers and the best commercially

available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the

data security of the Systems used to access the Services and for the transmission and receipt of

information using such Systems. We are not responsible for any errors or problems that arise from the

malfunction or failure of the Internet or Your Systems.

THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN

NETWORKS SUCH AS THE INTERNET , AND YOU EXPRESSLY ASSUME SUCH RISKS.

Calls, Texts, and Electronic Communication

By creating an Account, you also consent to receive electronic communications from FitPeo (e.g., via

email or by posting notices to the Services). These communications may include notices about your

Account (e.g., payment authorizations, password changes and other transactional information) and are

part of your relationship with us. You agree that any notices, agreements, disclosures or other

communications that we send to you electronically will satisfy any legal communication requirements,

including, but not limited to, that such communications be in writing. You shall maintain copies of

electronic communications from us by printing a paper copy or saving an electronic copy. We may also

send you promotional communications via email, including, but not limited to, newsletters, special offers,

surveys and other news and information we think will be of interest to you. You may opt out of receiving

these promotional emails at any time by following the unsubscribe instructions provided therein.

By providing your mobile phone number to us through the Services, you consent to receive calls or text

messages at any such phone number sent by or on behalf of FitPeo, including autodialed calls and/or

text messages, for marketing, promotional, operational or informational purposes. You may opt out of

marketing and promotional calls or messages by following the applicable unsubscribe instructions

provided to you. Following such opt-out, you may continue to receive calls or messages for a short period

of time while FitPeo processes your request. It is your responsibility to keep your account information,

including your phone number, updated. Standard message and data rates applied by your mobile phone

carrier may apply to the text messages we send you. Please contact your mobile phone carrier for details.Third-Party Website

In the course of using the Services, You may be introduced to areas or features of the Services that allow

You to access websites that do not belong to and are not controlled by Us (collectively,

“Third-Party

Sites”). If You choose to access one of these Third-Party Sites, You will leave Our Platform and be

redirected to an environment owned and controlled an external third party. You acknowledge and agree

that the Third-Party Sites may have different privacy policies, terms of use, user guides and/or business

practices (collectively,

“Third-Party Rules”) than Us, and that Your use of such Third-Party Sites is

governed exclusively by the respective Third-Party Rules. We provide links to Third-Party Sites to You as a

convenience, and We do not verify, make any representations, or take responsibility for such Third-Party

Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content,

application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.

YOU AGREE THAT WE WILL NOT , UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR

INDIRECTLY , FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES,

APPLICATIONS, AND OTHER CONTENT (“THIRD PARTY MATTERS”) AVAILABLE ON OR THROUGH ANY

THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED

THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION

WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS. Any reference in the Services to any

product, service, publication, institution, organization of any third-party entity, or individual does not

constitute or imply Our endorsement or recommendation.

Third-Party Services

Certain features, aspects, products and services offered through the Services are provided, in whole or in

part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”). For

example, if you opt to use our optional billing assistance feature, we use Third-Party Services to provide

You with monthly submission of billing for reimbursement FitPeo services.

If use of Third-Party Services may be subject to additional terms and conditions, You will receive a

notification and have the opportunity to accept such terms and conditions. IF YOU DO NOT UNDERSTAND

OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE

RELATED THIRD-PARTY SERVICES.

In the event of any inconsistency between terms of use relating to Third-Party Services and these Terms,

those additional terms and conditions will control with respect to such Third-Party Services. Third-Party

Service Providers may collect and use certain information about You, as specified in the Third-Party

Service Providers’ privacy policies. Prior to providing information to any Third-Party Service Provider, You

should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A

THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY OR TERMS OF USE, YOU SHALL NOT USE THE RELATED

THIRD-PARTY SERVICES. WE WILL NOT , UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR

ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.

Your Representations and Warranties

You represent and warrant that Your use of the Services will be in accordance with these Terms and all

applicable laws, regulations, rules, and any FitPeo policies and procedures We provide to You in writing.

Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHAREPERSONAL DATA (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF YOU ARE SUBMITTING

SUCH PERSONAL DATA) WITH US.

Warranty Disclaimers & Limitation of Liability

NO WARRANTIES

THE SERVICES ARE PROVIDED “AS IS”

, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. FitPeo

EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE,

QUIET ENJOYMENT OR NON-INFRINGEMENT , AND ANY WARRANTIES ARISING OUT OF COURSE OF

DEALING OR USAGE OF TRADE. FitPeo MAKES NO WARRANTY THAT THE SERVICES OR MATERIALS WILL

MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

FitPeo MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATIONS, OR

MATERIALS ACCESSED OR PURCHASED THROUGH THE SERVICES OR THE ACCURACY , TIMELINESS,

TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES. NO ADVICE OR INFORMATION,

WHETHER ORAL OR WRITTEN, OBTAINED FROM FitPeo OR THROUGH THE APPLICATION OR MATERIALS,

WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITHIN THE

PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF

YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, IF YOU ARE A PATIENT USER,

PROVIDERS, CAREGIVERS, AND OTHER AUTHORIZED THIRD PARTIES, OR IF YOU ARE A PROVIDER USER,

PATIENTS AND OTHER AUTHORIZED THIRD PARTIES.

WE CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN

FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE

INTERRUPTIONS. WE THEREFORE WILL NOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY ,

DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR

PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER

INTO THE PLATFORM.

YOUR RESPONSIBILITY FOR LOSS OR DAMAGE

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD FitPeo OR ITS

THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY

LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING

WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT , TO THE MAXIMUM EXTENT PERMITTED BY LAW , THE ENTIRE RISK

ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER

FitPeo NOR ANY OTHER COMPANY REPRESENTATIVE INVOLVED IN CREATING, PRODUCING,

MAINTAINING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL,

EXEMPLARY , OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF

GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF

SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR

EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OFOR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS

WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR

INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY , CONTRACT ,

TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), PRODUCT LIABILITY , OR ANY OTHER LEGAL

THEORY , AND WHETHER OR NOT FitPeo HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE,

EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL

PURPOSE.

IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO

DISCONTINUE USING THE SERVICES.

YOU ACKNOWLEDGE THAT IF YOU USE THE SERVICES DURING OR IN RELATION TO AN EMERGENT ,

SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. FitPeo IS NOT LIABLE TO

YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION OR

GUIDANCE AVAILABLE THROUGH THE SERVICES. IF YOU ARE A PROVIDER USER, FitPeo IS NOT LIABLE TO

ANY USER OR PERSON FOR ANY HARM CAUSED BY YOUR NEGLIGENCE OR MISCONDUCT , WHETHER OR

NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE SERVICES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR

CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN SUCH STATES, FitPeo’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST

EXTENT PERMITTED BY LAW , BUT SHALL, IN NO EVENT , EXCEED THE LESSER OF $5,000 or TWELVE (12)

MONTHS OF FEES PAID TO FitPeo. ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES MUST BE

BROUGHT WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.

Indemnification

YOU AGREE TO INDEMNIFY , DEFEND AND HOLD HARMLESS FitPeo AND COMPANY REPRESENTATIVES

FROM ANY LIABILITY , LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE

ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS

TO OR USE OF THE SERVICES, YOUR VIOLATION OF THIS AGREEMENT, OR ANY NEGLIGENT OR

WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON

ACCESSING THE SERVICES THROUGH YOUR ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE

OF SUCH USE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542,

WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED

HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY .

” THIS EXTENDS TO ALL APPLICABLE

US STATE LAWS.

Feedback and Who Owns It

We welcome and encourage You to provide feedback, comments, and suggestions for improvements to

the Services (“Feedback”). You may submit Feedback by e-mailing Us at support@FitPeo.com. You

acknowledge and agree that if You submit any Feedback to Us, You hereby grant to Us a non-exclusive,

worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under

any and all intellectual property rights that You own or control to use, copy, modify, create derivative

works based upon, and otherwise exploit the Feedback for any purpose.Termination of Your Account

If You breach any of these Terms, We may suspend or disable Your account or terminate Your access to

the Services without prior notice to You. There may be other instances where We may need to terminate

Your access to the Services that are not related to any of Your actions or inactions. We reserve the right

to terminate Your access to and use of the Services at any time, with or without cause.

If You wish to terminate Your account, please contact FitPeo at support@FitPeo.com, immediately

discontinue Your use of the Services, and delete all files associated with the Services from Your computer

or mobile device.

Dispute Resolution

*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*

Most user concerns can be resolved quickly and to Your satisfaction by emailing support at

support@FitPeo.com. In the unlikely event that Our support team is unable to resolve a complaint You

may have (or if We have not been able to resolve a dispute with You after attempting to do so

informally), including but not limited to any alleged breach of these Terms, You and agree to resolve the

dispute through binding arbitration in Santa Clara County, California before a single arbitrator, in

accordance with the rules and procedures of JAMS and the laws of Delaware without reference to its

conflict of law provisions. Arbitration, which is often less expensive, faster, and less formal than a lawsuit

in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and

relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs

and other costs incurred by the party that does not win the dispute.

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class

actions are not permitted. Any arbitration will be strictly confidential and neither party will disclose to

any person (other than necessary to carry out the arbitration) the existence of the dispute or any aspect

of the dispute.

This agreement to arbitrate will not preclude You or FitPeo from seeking provisional remedies in aid of

arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an

arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not

preclude You or FitPeo from applying to a court of competent jurisdiction for a temporary restraining

order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE

FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE

FEDERAL AND STATE COURTS LOCATED IN SANTA CLARA COUNTY , CALIFORNIA; THE PARTIES HEREBY

WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.

Exceptions to Agreement to Arbitrate: FitPeo may bring a lawsuit solely for injunctive relief to stop

unauthorized use or abuse of the Platform or infringement of intellectual property rights (for example,

trademark, trade secret, copyright, or patent rights) without first engaging in the informal

dispute-resolution process described above.

YOU MAY ONLY RESOLVE DISPUTES WITH FitPeo ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A

CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATIONWITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS OF USE.

Notwithstanding the above, You can decline or “opt out” of the alternative dispute resolution process

described above by contacting opt

_

out@FitPeo.com within 30 days of first accepting these Terms and

stating that You (first and last name) decline this dispute resolution process.

YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING-OUT OF THE ALTERNATIVE DISPUTE RESOLUTION

PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO JURY TRIAL TO WHICH YOU MAY OTHERWISE BE

ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR

RELATED TO THESE TERMS OF USE.

If You opt-out of the dispute resolution process described in this section, or if any matter is otherwise

determined not to be subject to such dispute resolution process, You hereby submit to the exclusive

jurisdiction of any state or federal court sitting in Santa Clara County, California in any legal proceeding

arising out of or relating to these Terms. You agree that any and all claims and matters arising out of

these Terms, unless subject to the dispute resolution process described above, may be heard and

determined in any such court, and You hereby waive any right to object to such filing on grounds of

improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts

that the claim or matter in dispute is subject to determination through the dispute resolution process

described above.

General Contract Terms

These Terms, the Privacy Policy, any other agreements executed between You and FitPeo, and any other

terms incorporated herein by reference, constitute the entire and exclusive understanding and

agreement between FitPeo and You regarding the use of the Services, and these Terms supersede and

replace any and all prior oral or written understandings or agreements between FitPeo and You regarding

use of the Services.

GOVERNING LAW

These Terms shall be governed by the laws of the Delaware without reference to its conflict of laws

provisions.

ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without FitPeo’ prior

written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null

and of no effect. FitPeo may assign or transfer these Terms, at its sole discretion, without restriction.

Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors,

and permitted assigns.

NOTICES

Any notices or other communications permitted or required hereunder, including those regarding

modifications to these Terms, will be in writing and given: (i) by FitPeo via email (in each case to the

address that You provide); and/or (ii) by posting to the Platform. For notices made by email, the notice

will be effective as of the date the notice is first transmitted. You agree that any notice received fromFitPeo electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE

RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH FitPeo IS ACCURATE AND

CURRENT , AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY FitPeo OF AN

EMAIL TO THE ADDRESS WE HAVE ON FILE.

You shall give any notice to FitPeo by email to: legal@FitPeo.com. Notice to FitPeo shall be effective upon

receipt of notice by FitPeo.

NO INADVERTENT WAIVER

The failure of FitPeo to enforce any right or provision of these Terms will not constitute a waiver of future

enforcement of that right or provision. The waiver of any such right or provision will be effective only if in

writing and signed by a duly authorized representative of FitPeo. Except as expressly set forth in these

Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to

its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction

finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the

maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

SEVERABILITY

If any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining

provisions of these Terms remain in full force, provided that the essential terms and conditions remain

valid, binding and enforceable and the economic and legal substance of the transactions contemplated

by these Terms are materially preserved.

INTELLECTUAL PROPERTY RIGHTS

“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including

(a) patent rights and utility models, (b) copyrights and database rights, (c) trademarks, trade names,

domain names and trade dress and the goodwill associated therewith, (d) trade secrets, (e) mask works,

and (f) industrial design rights; in each case, including any registrations of, applications to register, and

renewals and extensions of, any of the foregoing in any jurisdiction in the world.

As between You and Us, all right, title and interest, including all Intellectual Property Rights, in the

Services, any related materials, logos, products, and documentation, and any other property or materials

furnished or made available hereunder, and all modifications and enhancements thereof, belong to and

are retained solely by FitPeo or its licensors, vendors and affiliates, as applicable. All rights not expressly

granted are reserved by Us. Any use of the Services not expressly permitted by these Terms is a breach of

these Terms and may violate copyright, trademark and other laws.

Contacting FitPeo

Please feel free to contact Us if You have any questions about the Terms of Use and/or any other

documents referenced herein. You may contact Us at support@FitPeo.com.