Terms of Use

These Terms of Use (these “Terms”), govern the access to and use of the iO Health website, including the various data, information, notifications, applications, buttons, dashboards, and graphics owned and offered by iO Health FZE-LLC (including any affiliate, parent, or subsidiary), and any data, information, text, graphics, or other material uploaded, downloaded or appearing on or in connection with the Services (the “Services”).

The access and/or use of the Services by any individual, corporate entity, or third party (collectively referred to as “You” or “Your” herein) is conditioned on Your acceptance of and compliance with these Terms. By accessing or using the Services You agree to be bound by these Terms. The Services are offered to You under a non-exclusive license by iO Health so You can use and enjoy it on Your personal computer or other electronic or mobile device as long as You follow these Terms. By accessing and/or using the Services You acknowledge and agree to abide by these Terms (including the Privacy Policy described below) and You expressly consent to iO Health’s access to, collection of, use of, and sharing the information as described herein.

Subject to Your compliance with these Terms, iO Health hereby grants You permission to access and use the iO Health Services, provided that:

You always completely and fully comply with the terms and conditions of these Terms
Your access and use of the Services is solely for Your personal use
You do not charge for or resell access to or use of the Services to others;
You do not copy, distribute, duplicate, give access to, or transfer any part of the Services in any medium without iO Health’s prior written authorization; and
You will not attempt to alter, modify, or reverse engineer any part of the Services without iO Health’s prior written approval.

1. Basic Terms

You are responsible for Your use of the Services, and for any consequences thereof. You may use the Services only if You can form a binding contract with iO Health and are not a person, entity, or third party barred from receiving services under the laws of the United Arab Emirates (the “UAE”) or other applicable jurisdiction. If You are accepting these Terms and using the Services on behalf of a company, organization, government, legal entity, or other third party You represent and warrant that You are authorized to do so. You may use the Services only in compliance with these Terms and all applicable UAE and international laws, rules, and regulations.

The Services that iO Health provides are always evolving and the form and nature of the Services that iO Health provides may change from time to time without prior notice to You. In addition, iO Health may stop (permanently or temporarily) providing the Services (or any features within the Services) to You and may not be able to provide You with prior notice. IO Health also retains the right to create limits on use at its sole discretion at any time without notice to You.

The Services may include advertisements or sponsored content, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising or sponsored content by iO Health in connection with the Services is subject to change. In consideration for iO Health granting You access to and use of the Services, You agree that iO Health and any of its third party providers and partners may place such advertising or sponsored content with the Services or in connection with the display of Content or information from the Services.

2. Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of iO Health and its subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “iO Health Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to You. Nothing in this section is intended to limit any rights You may have which may not be lawfully limited.

A. The Services are Available on as “As-Is” Basis

You will be provided access to the Services and content thereto in consideration for Your agreement to these Terms. Your access to and use of the Services or any content are at Your own risk. You understand and agree that the Services are provided to You on an as-is basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE IO HEALTH ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The iO Health Entities make no warranty and disclaim all responsibility and liability for:

The completeness, accuracy, availability, timeliness, security or reliability of the Services or any content
Any harm to Your computer system, loss of data, or other harm that results from Your access to or use of the Services or any content
The deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; and
Whether the Services will meet Your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the iO Health Entities or through the Services, will create any warranty not expressly made herein.

B. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that the iO Health Entities are not responsible or liable for:

the availability or accuracy of such websites or resources, or
the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the iO Health Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.

C. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE IO HEALTH ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM

YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES
ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE IO HEALTH ENTITIES EXCEED THE GREATER OF ONE THOUSAND UNITED ARAB EMIRATES DIRHAMS (AED 1,000.00) OR THE AMOUNT YOU PAID IO HEALTH, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE PICKNMARK ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

3. General Terms

A. Waiver and Severability

The failure of iO Health to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

B. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the United Arab Emirates 2 without regard to or application of its conflict of law provisions or Your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Dubai, United Arab Emirates, and You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

C. Entire Agreement

These Terms and the Privacy Policy are the entire and exclusive agreement between iO Health and You regarding the Services (excluding any services for which You have a separate agreement with iO Health that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between iO Health and You regarding the Services.

Privacy Policy

This Privacy Policy describes how iO Health accesses, receives, collects, shares, and uses data and information (including Personal Information, as defined below). Throughout this Privacy Policy, you, as the user of the iO Health Services, will be referred to as “you” or “your”, and iO Health will be referred to as “we” or “us” or “our”.

This Privacy Policy applies to all the iO Health Services that iO Health offers. This Privacy Policy is important for you to understand so please read this Privacy Policy carefully so that you can make an informed decision about whether to use or continue using the Services. By using iO Health Services, you agree that iO Health may access, receive, collect, share, and use data and information in accordance with this Privacy Policy, as revised from time to time. If you do not agree to iO Health’s practices, you may not use the Services.

In providing iO Health Services, iO Health may access, receive, collect, store, and use the following types of information (all of which are collectively referred to as “Information”) from or concerning you or your computer or other electronic or mobile device. There are two types of Information, “Personal Information” is any information or the combination of information that relates to you, and can be used to identify you; and “Non-Personal Information” is any information that relates to you but from which it is not practicable to directly or indirectly identify you.

Information That iO Health Collects

We collect Information on you in the following ways:

Information you give us. We may also ask you to provide certain Personal Information, such as your contact details (such as (but not limited to) your name, telephone number, and email address) when you register with iO Health. Much of this Information enables us to comply with our legal obligations or fulfill our contractual arrangements with you and other parties, and sharing this Information may be necessary for us to provide our Services.

Information we get from your use of our Services. iO Health collects Information about the Services you use, including the www.iohealth.com website and any of its sub-domains (the “Website”), and how you use them, such as when you view and interact with the Website or our advertisements. In addition, we may gather certain Information about you, including details of your operating system, browser version, domain name and IP address, and the details of any website from which you accessed the Website. We may also collect your Personal Information when you interact with our employees on the phone and we record those conversations, either because we are required to do so under regulation or for training purposes so that we can improve our services. You may, of course, decline to submit Information through the iO Health Services, in which case iO Health may not provide access to or use of certain Services or features of Services to you. If you do not agree with iO Health’s Privacy Policy and Terms of Use, please delete your account (if you have registered as a user) and discontinue use of the iO Health Services. Your 3 continued access and usage of the iO Health Services will signify your consent to and acceptance of iO Health’s Privacy Policy and Terms of Use.

Cookies. When you visit iO Health , iO Health may send one or more small files known as “Cookies” (or similar technologies) to your personal computer or other electronic or mobile device to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use iO Health Services; (b) analyze your preferences and patterns to provide customized and personalized content and information; and (c) monitor your entries, submissions, pages viewed, etc. All of these purposes are intended to improve and personalize your experience with iO Health. iO Health uses several types of Cookies, including Cookies that may remain after you close your browser or turn off your personal computer or other electronic or mobile device. There are a number of ways to remove Cookies and you can adjust your settings to refuse all Cookies or to indicate when a Cookie is being sent; however, iO Health Services may not be available or function properly if the ability to accept Cookies is disabled. To the extent that we have third-party advertisements on the Website, those third parties may also place, set, and access Cookies on your computer. They do this to track how many unique users have seen a particular advertisement and to provide advertisements that are more relevant to a given user’s interests.

Log Data is technical data and information that is automatically collected by iO Health when you use iO Health Services, including:

Technical data and information such as your mobile carrier, configuration information made available by your web browser or other programs you use to access iO Health Services, your IP address and your personal computer or other electronic or mobile device’s version and identification number
Information about what you have searched for and looked at while using iO Health Services, such as search terms used, pages visited, and details of other information and content accessed or requested by you in using iO Health Services
Metadata, which means information related to items you have made available through iO Health Services, such as the date, time, or location that information was entered or uploaded.

Location Data is any information that iO Health collects regarding your location (when you use a location-enabled Service), including:

1. Location when you use iO Health Services, such as from your mobile device
2. IP address of the personal computer or other electronic or mobile device you use to access iO Health Services; and
3. Information made available by you or others that gives an indication as to where you are or have been located.

The servers that iO Health uses to provide the Services may automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and certain other general information such as if you update or request any status information, including time and date stamps.

Information from third parties or publicly available sources. We may also collect your Personal Information (such as contact Information or purchasing habits) from third parties or publicly available sources.

How We Use Your Personal Information

We collect and use the Personal Information we collect in a manner that is consistent with this Privacy Policy, and applicable privacy laws. We may use the Personal Information as follows:

1. Specific Reason

If you provide Personal Information for a certain purpose, we may use the Personal Information in connection with the purpose for which it was provided. For instance, if you contact us by e- mail, we will use the Personal Information you provide to answer your question or resolve your problem and will respond to the email address from which the contact came.

2. Access and Use.

If you provide Personal Information in order to obtain access to or use of the Services or any functionality thereof, we will use your Personal Information to provide you with access to or use of the Services or functionality and to analyze your use of such Services or functionality. For instance, if you supply Personal Information relating to your identity or qualifications to use certain portions of the Services, we will use that information to make a decision as to granting you access to use such Services and to assess your ongoing qualification to use such Services.

3. Internal Business Purposes.

We may use your Personal Information for internal business purposes, including without limitation, to help us improve the content and functionality of the Services, to better understand our users, to improve the Services, security, fraud detection, provide you with customer service, and to generally manage the Services and our business.

4. Marketing.

We may use your Personal Information for our marketing and advertising purposes, including (without limitation) by email, SMS marketing, display media, and targeting other devices (such as tablets and mobile devices). We do this in order to inform you about services or events we believe might be of interest to you, develop promotional or marketing materials and display iO Health or event-related content and advertising on or about the Services that we believe might be of interest to you.

You may see advertisements for our Services on third party websites, including on social media platforms. Where you see an advertisement on a third party website or social media platform, this may be because we engaged the third party or social media platform to show this advertisement to you, or to others who have similar attributes to you. In some cases, this involves sharing your email address or other contact details with the third party or social media platform so that they can identify you as a user of the iO Health Services, or identify other individuals with similar attributes to you in order to show them advertisements for our Services.

5. Use of Interest-Based Data.

We sometimes make inferences about the type of events or activities you may be interested in. We may use these inferences to help target advertising or customize recommendations to you. We may do this on an aggregated or generalized basis.

6. Other Purposes.

We may use any Personal Information in any manner that is not consistent with this Privacy Policy, such as to better understand how you access and use iO Health Services or to help iO Health develop new Services and improve existing Services.

7. Aggregated Personal Information.

In an ongoing effort to understand and serve our users better, we often conduct research on our customer demographics, interests and behavior based on Personal Information and other information that we have collected. This research is typically conducted on an aggregate basis only that does not identify you. Once Personal Information is in an aggregated form, for purposes of this Privacy Policy, it becomes Non-Personal Information.

Sharing Your Information with Third Parties

iO Health does not sell your Personal Information (such as your mobile phone number) with other third- party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. IO Health may share your Personal Information with third-party service providers (such as, for example, hosting companies, payment & SMS gateways, etc.) to the extent that it is reasonably necessary to provide, improve, or maintain the iO Health Services. IO Health may share Non-Personal Information (such as anonymous user usage data, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality in connection with the iO Health Services. IO Health may collect and release Personal Information and/or Non-Personal Information if required to do so by law, or in the good-faith belief that such action is necessary to comply with international law (such as Copyright Law), or respond to a court order (or equivalent), or where in iO Health’s reasonable belief, an individual’s physical or financial safety may be at risk or threatened. As described herein and also below, iO Health also reserves the right to disclose Personal Information and/or Non-Personal Information that iO Health believes, in good faith, is appropriate or necessary to enforce iO Health’s Terms of Use, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the iO Health Website or servers that iO Health uses, and to protect the rights, property, or personal or financial safety of iO Health , iO Health’s users, or others. Such disclosure to third parties may occur under the following:

1. Business Transfers.

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Information may be part of the transferred assets. We may also disclose your Personal Information in the course of due diligence for such an event. You acknowledge and agree that any successor to or acquirer of iO Health (or its assets) will continue to have the right to use your Personal Information and other information in accordance with the terms of this Privacy Policy.

2. Subsidiaries and Affiliates.

We may also share your Personal Information with our subsidiaries and/or affiliates for purposes consistent with this Privacy Policy. Our subsidiaries and affiliates will be bound to maintain that Personal Information in accordance with this Privacy Policy.

3. Agents, Consultants and Service Providers.

We may share your Personal Information with our contractors and service providers who process Personal Information on our behalf to perform certain business-related functions. These companies include our marketing agencies, online advertising providers, data enhancement and data services providers, database service providers, backup and disaster recovery service providers, email service providers, payment processing partners, customer support, tech support, hosting companies and others. When we engage another company to perform such functions, we may provide them with information, including Personal Information, in connection with their performance of such functions.

4. Third Party Social Media and other Services.

You can connect your iO Health account to your accounts on third party services like Facebook, in which case we may collect, use, disclose, transfer and store/retain information relating to your account with such third party services in accordance with this Privacy Policy. For example, if you connect with Facebook, we store your Facebook id, first name, last name, email, location, friends list and profile picture and use them to connect with your Facebook account to provide certain functionality on the Services, like recommending events that your Facebook friends are interested in and sharing the events you are interested in, or attending, with certain groups of people like your Facebook friends.

“Liking” or “Following” iO Health on Social Media. In addition, when you “like” or “follow” us on Facebook, Instagram, Twitter or other social media sites (to the extent we provide that capability), we may collect some information from you including your name, e-mail address, and any comments or content you post relevant to us. We likewise may collect your information if you sign up for one of our promotions or submit information to us through social media sites.

Facebook Plug-Ins and Links on Our Pages. Our own Website may contain links to Facebook as well, such as through the Facebook “Like” or “Share” button or other social plug-ins. When you interact with these features and links, your browser will establish a direct link with the Facebook servers, and Facebook will receive information about your browser and activity, and may link it to your Facebook user account. For more information about how Facebook uses data, please see Facebook’s own policies.

Your use of any third party services, including any Personal Information you provide to such third- parties, are subject to the relevant third-party’s own terms of use and privacy policies and not the iO Health Terms of Use or this Privacy Policy, so please review their terms carefully. Sharing your Information with third-parties may result in unsolicited messages from third-parties, and such messages are beyond iO Health’s control. This Privacy Policy only applies to any Information collected by iO Health, does not apply to any services offered by or information practices of any third-parties, and iO Health bears no liability for any third-party use of any Information provided by you to them.

IO Health may use third-parties to process the payment and/or billing information that you submit on iO Health’s Website to facilitate payment transactions. Where iO Health does share your Personal Information with any third-parties, iO Health will use reasonable efforts to ensure that such third-parties only use your Personal Information: (i) in compliance with this Privacy Policy; and (ii) subject to any other instructions iO Health give them, including any appropriate confidentiality and security measures that iO Health implements. Although iO Health requires that these third-parties take the appropriate organizational and technical measures to protect your Personal Information and to comply with relevant laws, iO Health is not liable or responsible for these third-party transactions. Therefore, you should review such third-party terms and conditions before providing your payment or billing information.

You agree that iO Health may be required to retain, preserve or disclose your Personal Information: (i) in order to comply with applicable laws or regulations; (ii) in order to comply with a court order, subpoena or other legal process; (iii) in response to a request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (iv) where iO Health believes it is reasonably necessary to comply with applicable laws or regulations. You also agree that iO Health may need to disclose your Personal Information in order to enforce the Terms of Use or this Privacy Policy, protect iO Health’s rights, property or safety, or other users of iO Health’s services.

In addition, the iO Health Website may contain links to another website. Websites linked to or from the iO Health Website are not under the control of iO Health and it is possible that these websites have a different privacy policy. iO Health’s Privacy Policy applies solely to Information acquired on the iO Health Website or through the iO Health Services. IO Health accepts no responsibility or liability for any third-party website.

Prohibited Conduct

You agree not to use or launch any automated system, including without limitation, “bots”, “spiders”, “offline readers” or “load testers”, etc. that accesses the Website or the Services in a manner that sends more request messages to the servers that iO Health uses in a given period of time than a human can reasonably produce in the same period. IO Health permits publicly recognized search engines permission to create publicly available searchable indices for iO Health Services (but not caches or archives of iO Health Services). IO Health reserves the right to revoke these exceptions either generally or in specific cases. IO Health prohibits any efforts to reverse-engineer iO Health Services, the iO Health software, or any aspect of iO Health’s system, protocols, or any other attempts / efforts explore the boundaries of, modify, penetrate, or test iO Health Services, the iO Health system, or iO Health protocols. You must secure our permission before you check, measure, test, or otherwise monitor any part of iO Health 7 Services, the iO Health software, or any aspect of iO Health’s system, protocols. You are prohibited from collecting or harvesting any Information or using the Services for any commercial solicitation or spam purposes.

Security

We take security seriously. IO Health makes commercially reasonable efforts to ensure physical, procedural, and technical protection of iO Health’s networks, servers, and systems and to protect Personal Information from misuse, loss and unauthorized access. IO Health cannot guarantee or warrant that data or information may not be accessed, altered, destroyed, or disclosed by a breach of any of iO Health’s safeguards because no method of transmission over the Internet, or method of electronic storage, is 100% secure. Any data, information, or content that you transmit through the iO Health Services is done at your own risk. Using unsecured Wi-Fi or other unprotected networks is never recommended. You must notify iO Health immediately of any breach of security or unauthorized use of your computer or other electronic or mobile device. Although iO Health will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of iO Health or others due to such unauthorized use. IO Health systems and the communications networks through which you access iO Health’s Services may be subject to security breaches and failures which are due to circumstances beyond iO Health’s reasonable control. If iO Health learns of a security systems breach, then iO Health may attempt to notify you electronically so that you can take appropriate protective steps. IO Health may post a notice on the iO Health Website or through the iO Health Services if a security breach occurs. We operate, or hire companies to operate, servers in a number of jurisdictions around the world, so the server on which your Personal Information is used and stored may not be in your jurisdiction. You consent to the transfer of your Personal Information (both inside and outside of your jurisdiction) for the purposes described in this Privacy Policy.

Analytics

IO Health may use advanced analytics to help iO Health anonymously track and analyze your behavior and other data and information about your access and use of iO Health Services. This data and information (including, for example: IP address, data storage, maintenance services, database management, web analytics and information processing), helps iO Health analyze and evaluate how the different iO Health Services are used as part of iO Health’s ongoing efforts to improve the iO Health Website, features, and Services. IO Health’s servers (or the servers that iO Health uses) may automatically collect data about your IP address (a number that is automatically assigned to your computer by your Internet service provider whenever you are on the Internet), and your domain name when you visit the iO Health Website. This type of information is used to gather demographic information about iO Health’s users as a whole. IO Health servers (or the servers that iO Health uses) may also record the referring page that linked you to iO Health , the pages you visit, the websites you visit, the ads you see and/or click on, and other information about the type of Web browser, computer, platform, related software and settings you are using; any search terms you have entered on the iO Health Website or a referral site; and other website usage activity and data logged by iO Health’s servers (or the servers that iO Health uses). IO Health uses this information for internal system administration, to help diagnose problems with iO Health’s servers (or the servers that iO Health uses), and to administer iO Health Services. Any or all of these activities may be performed by iO Health or by a third-party on behalf of iO Health.

Children / Minors

We do not knowingly collect Personal Information from children under the age of eighteen (18). If you are under the age of eighteen (18), please do not submit any Personal Information through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information through the Services without their permission. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through the Services, please contact us and we will endeavor to delete that information.

Governing Law

iO Health Services are intended for and directed to users around the world, where such iO Health Services are not prohibited. If you are accessing the iO Health Website and iO Health Services from a country or jurisdiction in which the Services are not permitted, or are in violation of any law or regulation, then you may not continue to use the iO Health Services. In addition, you should be aware that through your continued use of the iO Health Website and the iO Health Services, you may be transmitting your Personal Information to another country where laws regarding Personal Information may be different and/or less stringent than the laws in your country and you expressly consent to that transfer for these purposes. In some jurisdictions, certain Personal Information, such as information about your race or ethnic origin, religious or philosophical views or personal health, is characterized as “sensitive” and is subject to stricter regulation than other Personal Information. Please note that content and information that you input to iO Health Services may reveal your sensitive Personal Information to others and iO Health therefore urges you to consider whether it is appropriate to communicate Personal Information of a sensitive nature in the manner you are proposing to communicate it using iO Health Services. You consent to all processing of sensitive Personal Information for the purposes and in the manner described in these Terms of Use. You agree that:

the iO Health Services shall be deemed solely based in the United Arab Emirates
the iO Health Services shall be deemed a passive service that does not give rise to personal jurisdiction over iO Health, either specific or general, in jurisdictions other than the United Arab Emirates (except as described herein); and
that you agree that any legal dispute, including with respect to these Terms of Use, shall be governed by governed by and construed under the laws of the United Arab Emirates. Any claim or dispute between you and iO Health that arises in whole or in part from the iO Health Services, or these Terms of Use, shall be referred to and finally resolved by arbitration at the LCIA Arbitration Centre (“LCIA”) under the Arbitration Rules of the LCIA in force at the commencement of the arbitration and which Arbitration Rules are deemed to be incorporated by reference to this Clause. In relation to any such arbitration it is agreed that: (A) the seat of arbitration shall be the Dubai International Financial Centre, Dubai, UAE; (B) the number of arbitrators shall be one and he/she shall be appointed by the President of the LCIA; (C) the arbitration proceedings shall be conducted in the English language and the arbitration award shall be in English; and (D) the arbitration award shall be final and binding on the Parties and shall be enforced through any court (including courts in the United Arab Emirates) having jurisdiction as to the enforcement thereof. The Parties agree that any claim or dispute that does not exceed USD $135,000 shall be referred to the Small Claims Tribunal of the DIFC Courts.

The parties, their representatives, other participants and the arbitrator shall hold the existence, content and result of the arbitration in confidence unless to the extent that disclosure is required by law or as is reasonably necessary to defend claims of procedural rights of the party making the disclosure.

The Terms of Use, together with this Privacy Policy and any other legal notices published by iO Health, shall constitute the entire agreement between you and iO Health concerning the iO Health Services. If any provision of this Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Privacy Policy, which shall remain in full force and effect. No waiver of any term of this Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and iO Health’s failure to assert any right or provision under this Privacy Policy shall not constitute a waiver of such right or provision. IO Health reserves the right to amend or modify this Privacy Policy at any time, and it is your responsibility to review this Privacy Policy for any changes. If you do not agree to the revised Privacy Policy, your only recourse is to discontinue the use of the iO Health Services. Your continued use of the iO Health Services following any amendment of this Privacy Policy will signify your assent to and acceptance of its revised terms. YOU AND IO HEALTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE IO HEALTH SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. IO Health makes no representations that the iO Health Services are appropriate or available for use outside of the United Arab Emirates. Those who access or use the iO Health Services from other jurisdictions do so at their own volition and are responsible for compliance with the local law to which they are subject.

Changes to Policy

From time to time, iO Health may revise this Policy. IO Health reserve the right to update or modify this Policy, or any other of iO Health’s policies or practices, at any time with or without notice. However, iO Health will not use your Personal Information in a way that is materially different than the uses described in this Privacy Policy without giving you an opportunity to opt-out of such differing uses. IO Health will post the revised Privacy Policy on the iO Health Website, so that users can always be aware of what information iO Health collect, how the information is used and under what circumstances such information may be disclosed. You agree to review this Privacy Policy periodically so that you are aware of any modifications. Your continued use of the iO Health Website indicates your assent to any changes and signifies your agreement to the terms of iO Health’s Policy. If you do not agree with this Privacy Policy, you should not use the iO Health Website or any other Service.

Disclaimer

YOU AGREE THAT YOUR USE OF THE IO HEALTH SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IO HEALTH , ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. IO HEALTH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICES’ CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF IO HEALTH’S SERVERS (OR THE SERVERS THAT IO HEALTH USES) AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES DUE TO THE ACTIONS OF ANY THIRD PARTY; AND (V) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE IO HEALTH SERVICES. IO HEALTH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IO HEALTH SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED BY ANY USER OR OTHER ADVERTISING, AND IO HEALTH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT.

IN NO EVENT SHALL IO HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF IO HEALTH’S SERVERS (OR THE SERVERS THAT IO HEALTH USES) AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES DUE TO THE ACTIONS OF ANY THIRD PARTY; AND (V) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND (WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IO HEALTH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE IO HEALTH SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT IO HEALTH SHALL NOT BE LIABLE FOR STATUS UPDATES OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

You agree to defend, indemnify and hold harmless iO Health, and/or affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the iO Health Services; (ii) your violation of any term of these Terms of use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your status caused damage to a third-party. This clause will survive deactivation and the termination of your access or use of the iO Health Services.

Communications from iO Health

iO Health may use information you provided to send you offers, newsletters, push notifications, or updates. You may opt-out of receiving these communications by following the unsubscribe instructions included in each communication. iOHealth may also send service-related announcements when it considers it appropriate to do so (such as when a iO Health Services will be unavailable due to maintenance). You may not opt-out of these non-promotional service-related announcements.

iO Health may ask you to provide information about your experiences and satisfaction with iO Health Services, which will be used to measure and improve quality of iO Health Services. You are not under any obligation to provide such voluntary feedback or information. IO Health may also contact you regarding your use of iO Health Services, such as use of the Services in violation of this Privacy Policy or claims of violation of third party rights.

Retention of Personal Information

Subject to applicable laws and regulations, iO Health will only use your Personal Information for so long as is necessary to fulfil the purposes as set out under this Privacy Policy or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements. Even if we delete your Personal Information it may persist on backup or archival media for an additional period of time for legal, tax, or regulatory reasons or for legitimate and lawful business purposes.

Please note that requests to exercise data protection rights will be assessed by us on a case-by-case basis. There may be circumstances where we are not legally required to comply with your request because of the laws in your jurisdiction or because of exemptions provided for in data protection legislation.

However, it is important to note that using iO Health Services may put your Personal Information in the hands of third parties that iO Health cannot control, such as hosting companies and data centers. If you would like to update or amend your Personal Information you may do so by contacting iO Health at to [email protected]. In some cases, iO Health may not be able to update, amend or remove your Personal Information, in which case iO Health will let you know why iO Health are unable to do so.

Your Rights

IO Health is committed to protecting the privacy and security of your Personal Information. If you have a question or complaint about how your Personal Information is handled, these should be directed to the contacts below.

We will comply with relevant data protection law(s), which generally say that Personal Information must be:

Used lawfully, fairly and in a transparent way.
Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
Relevant to the purposes we have told you about and limited only to those purposes.
Accurate and kept up to date.
Kept only as long as necessary for the purposes we have told you about.
Kept securely.

Contact Information

Please direct all questions in connection with these Terms of Use via e-mail to hello@iohealth.com. Questions or concerns regarding iO Health, or its intellectual property rights, should be directed to hello@iohealth.com.

This Privacy Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by iO Health without restriction.

Date Last Modified: October 25, 2023