Terms of Service

Welcome to Zaro Health. It's time to own your health.

As you may know, Zaro Health helps facilitate access to laboratory testing, including blood testing which evaluates as many as hundreds of biomarkers. Our service then provides access to those results in a convenient, meaningful, robust, and easy-to-understand format that combines them with targeted insights from top doctors. Zaro Health's mission is to empower you to live 100 healthy years, starting with understanding your health.

These Terms of Service (the "Terms") contain essential terms and conditions regarding your use of our Services and Products, including any materials, data, information, and content available therethrough. PLEASE REVIEW THE TERMS VERY CAREFULLY BEFORE USING OUR SERVICES. We encourage you to contact us at support@zarohealth.com with any questions or concerns before proceeding any further with our Services or Products. We reserve the right to change or modify portions of these Terms at any time, with or without advance notice. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last updated. We will also notify you, either through the Services user interface, in an email notification, or through other reasonable means, if material changes were made. Unless otherwise stated in such update, any such changes will become effective immediately. You should periodically visit this page to review the current Terms, so you are aware of any changes. We may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to these or any future Terms, you agree that your sole remedy is to not, (and you agree you will not) access, browse, or use the Services (or continue to do so). Your continued use of the Services after the date any such changes to the Terms become effective constitutes your acceptance of such changes and consent to the then-applicable Terms.

The Terms incorporate Zaro Health's Privacy Policy by reference in its entirety – as though herein completely stated – and all references to these Terms shall refer, without limitation, to our Privacy Policy, as above-linked. Please accordingly review our Privacy Policy very carefully.

In addition, when using or receiving the Services, you may be subject to any additional terms applicable to such services ("Additional Terms") that may be posted on the Service from time to time, or presented to you for your acceptance when you sign up for or access the additional Service. All such terms are hereby incorporated by reference into these Terms. If these Terms are inconsistent with the Additional Terms, then the Additional Terms control with respect to such additional service, but only to the extent of such inconsistency.

IF YOU SUBSCRIBE TO ANY FEATURE OR FUNCTIONALITY OF THE SERVICES FOR A TERM (THE "INITIAL TERM"), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT ZARO HEALTH'S THEN-CURRENT FEE FOR SUCH FEATURES AND FUNCTIONALITY UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 15(B)(I) BELOW.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THIS AGREEMENT TO ARBITRATE IN SECTION 19 REQUIRES THAT ALL DISPUTES BETWEEN YOU AND US (WITH LIMITED EXCEPTIONS) WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. THE AGREEMENT TO ARBITRATE ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THE AGREEMENT TO ARBITRATE CAREFULLY. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS AS DESCRIBED IN SECTION 19: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

The Terms constitute a legally-binding contract between you and Zaro Health that governs your access to and use of our services and products, including but not limited to: (a) your use of the website zarohealth.com (the "Site") and its features; (b) our mobile applications and related technologies (the "Mobile App") and (c) any purchases and/or uses of our Products or Services. BY ACCESSING AND/OR MAKING USE OF OUR SERVICES, INCLUDING WITHOUT LIMITATION VIA ONE OR MORE OF OUR WEBSITES, ADVERTISEMENTS, AND/OR APPLICATIONS, YOU REPRESENT THAT YOU FULLY UNDERSTAND AND AGREE TO BE UNCONDITIONALLY BOUND BY THE TERMS IN THEIR ENTIRETY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Our Services are only available to persons eighteen (18) years of age or older. You must close your browser, and you may not access or use our Services or Products if you are under the age of eighteen (18). At this time, Zaro Health does not allow you to create an account for or provide information relating to anyone under the age of eighteen (18).

1. Definitions

a. "Affiliates" refer to an entity's executives, employees, officers, directors, agents, attorneys, representatives, partners, joint ventures, parents, subsidiaries, successors, and assigns, collectively. An "Affiliate" refers to any one of the foregoing.

b. "Claims" refer to claims, disputes, controversies, matters, and causes of action, collectively. A "Claim" refers to any one of the foregoing.

c. "EH Content" refers to any and all data, information, content, material, and other intellectual property available through our Services in various formats, including but not limited to as code, data, text, images, multimedia content, designs, graphics, illustrations, photographs, banners, messages, videos, visual interfaces, features, functionalities, software applications and, but specifically excluding Personal Information and User Content.

d. "Zaro Health," the "Company," "us," "our," and "we," all refer to Zaro Health, Inc., a Delaware corporation.

e. "Losses" refers to liabilities, harms, losses, debts, damages, awards, expenses, fees, costs, penalties and fines, collectively. A "Loss" refers to any one of the foregoing.

f. "Lab Results" refer to the results of any and all Sample analyses; however, Lab Results do not include the formatting of your Lab Results, the graphic representation of your Lab Results, or any other EH Content accompanying your or otherwise furnished in connection with your Lab Results obtained from independent third-party laboratories.

g. "Party" means each of you and Zaro Health. Collectively, you and Zaro Health are the "Parties."

h. "Payment Information" refers to your financially-sensitive information that enables a purchase, such as credit/debit card numbers, CVCs, expiration dates, and PINs.

i. "Payment Method," refers to a valid, current, accepted means of remitting payment for Services, as permitted by Zaro Health, typically by submitting valid, current, accepted Payment Information.

j. "Personal Information" refers to the same term defined in our Privacy Policy, including information relating to an individual's health background (e.g. medical history and related data, blood type, current health conditions/symptoms), Sample, and/or Lab Results (to the extent it is not considered "protected health information" or "medical information" that is protected under the Health Insurance Portability and Accountability Act of 1996 or other applicable law, as more specifically described in our Privacy Policy). "Personal Information" may also include certain Payment Information.

k. "Product(s)" refer to any and all products offered for sale and/or use in connection with our Services.

l. "Sample(s)" refer to any and all blood samples provided by Zaro Health's members to independent third-party laboratories for reporting in connection with Zaro Health's Services.

m. "Services" refer to any and all services arising out of and/or relating to Zaro Health, including without limitation the Site and Mobile App. Our Services includes, without limitation: (a) facilitating convenient access to third-party laboratory services for the purposes of collecting Samples, (b) providing convenient access to Lab Results in conjunction with those Samples and furnishing a detailed yet comprehensible and consumer-friendly report relating thereto, (c) facilitating opportunities to connect with third-party medical professionals regarding ordering of tests and related Lab Results, and (d) providing informational content relating to health, wellness, fitness, diet, and lifestyle, including but not limited to in connection with a set of parameters in Lab Results. Our Services further include, without limitation, our Site and Mobile App, as well as our software applications, including the generative-AI powered informational chatbot made available to you through our applications ("AI Chat") or facilitating access to other third-party generative AI-powered applications and services, text and SMS messages, websites, emails, social media accounts, and the creation, publication, exhibition, and distribution of EH Content. NEITHER ZARO HEALTH NOR OUR AFFILIATES PROVIDES ANY MEDICAL ADVICE, CARE, OR OPINIONS IN CONNECTION WITH OUR SERVICES, AND YOUR USE OF OUR SERVICES DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP WITH ZARO HEALTH OR OUR AFFILIATES.

n. "User Content" refers to any text, photos, graphics, images, video, audio, multimedia, and other materials you create, modify, post, provide, upload, send, and/or share in connection with our Services. User Content specifically does not include any user passwords, contact information, Personal Information, or "protected health information" or "medical information" that is protected under the Health Insurance Portability and Accountability Act of 1996 or other applicable law, those items are subject to their own rules, as explained in our Privacy Policy, in public-facing text, photo(s), graphics, image(s) and/or other materials.

o. "You", "you," "your", "yourself," and "User" refers to you, as an individual, plus any entity, individual, and/or organization on whose behalf you are acting in connection with our Services (defined below).

2. Zaro Health Does Not Provide Any Medical Services.

In order to use our Services, you must acknowledge and agree to the following:

a. ZARO HEALTH DOES NOT OFFER YOU MEDICAL ADVICE, A DIAGNOSIS, MEDICAL TREATMENT, OR ANY FORM OF A MEDICAL OPINION, THROUGH OUR SERVICES OR OTHERWISE. All material, information, data, and content that Zaro Health provides through our Services, including without limitation through AI Chat, is strictly for general information purposes.

b. OUR SERVICES, INCLUDING WITHOUT LIMITATION AI CHAT, ARE NOT A SUBSTITUTE FOR QUALIFIED MEDICAL CARE, QUALIFIED MEDICAL ADVICE, AND/OR A DETAILED DISCUSSION WITH YOUR OWN QUALIFIED HEALTHCARE PROFESSIONAL. Zaro Health strongly recommends that you seek the advice of your own qualified healthcare professional to assist you in making decisions regarding any diagnosis, treatment, course, and/or care, including without limitation in relation to any data and/or information we provide, and you agree to follow this recommendation. You covenant that you will not delay in seeking care or otherwise ignore the advice or direction of a qualified medical professional based on your use of our Services, including without limitation AI Chat. If you are concerned that you may be experiencing a medical emergency, please dial 9-1-1 immediately. You understand and agree that accessing Zaro Health Content, Services (including without limitation AI Chat), and Products does not create a patient relationship with any medical provider or laboratory. A patient relationship with a medical provider or laboratory is only established when you have actually been treated by a medical provider or laboratory and such provider or laboratory evidences acceptance of such relationship. In addition, you acknowledge and agree that you have selected each medical provider or laboratory and elected to receive services from the medical provider or laboratory and that no third-party, including Zaro Health, has referred, suggested or recommended the medical providers or laboratories to you.

c. The Services are not insurance products. The Services are not health insurance or a substitute for health insurance, and the amounts you pay (or an authorized third-party pays on your behalf) for the Services are not insurance premiums. The Services do not meet any individual health insurance mandate under federal or state law. If you desire any type of health or other insurance coverage, you will need to acquire such insurance separately.

d. To the fullest extent permitted by applicable law, you agree that you use our Services and rely on the materials, data, content, and information you receive in connection our Services, including without limitation the EH Content and Responses, at your own risk. To the fullest extent permitted by applicable law, Zaro Health disclaims all liability and responsibility arising out of and/or relating to any reliance placed by you and/or any other person on our Services, including without limitation AI Chat, and/or any data and/or information you receive in connection with our Services, including without limitation as relating to data and information relating to Lab Results and/or EH Content and Responses.

3. Please Exercise Caution Regarding Our Services & Your Lab Results.

a. Zaro Health sincerely hopes to provide you access to the Lab Results you most wish to receive. Nonetheless, you acknowledge that your Lab Results might not be as hoped or expected, and may even contain distressing and/or life-altering information. While it is not unusual to have questions, concerns or uncertainties about pending Lab Results, you also acknowledge that you should consult a qualified healthcare professional to address any such uncertainties as you deem appropriate.

b. You acknowledge that the process of reviewing Lab Results is irreversible; once you review your Lab Results, you are committing yourself to an awareness of such Lab Results. You accordingly acknowledge that, before using our Services, it is important to seek the advice of a qualified healthcare professional regarding whether, when, and to what extent you should make use of such Services given your medical history and personal circumstances.

c. Obtaining some laboratory testing involves your provision of a blood sample. You understand and agree that provision of an adequate blood sample requires collection of a range of vials and, in certain circumstances, may require more than one visit to a laboratory. The risks associated with obtaining a blood sample include, without limitation, bruising, hematoma, lightheadedness, fainting, infection, and/or excessive bleeding, and you may feel slight-to-moderate physical discomfort upon being pricked with a needle and having your blood drawn. You should consult with third-party laboratory personnel about specific risks, questions, or other concerns you may have regarding providing a blood sample, including whether it may be appropriate to collect vials in more than one visit. Please make sure you consult with a qualified physician if you are at elevated risk of harm in connection with a blood draw, or if you suffer from a fear of needles or blood.

d. While Zaro Health strives to facilitate access to complete and accurate Lab Results 100% of the time, you acknowledge and accept that: (a) your Sample may yield incomplete or even inaccurate Lab Results; and (b) Zaro Health does not warrant the accuracy, completeness, usefulness, timeliness, or precision of any Lab Results delivered or accessed through our Services. You further acknowledge and agree that your Lab Results may yield data or information that may have a limited significance presently, but may take on greater meaning as science evolves, knowledge increases, and/or future discoveries are made.

e. You acknowledge that Zaro Health recommends your careful discretion in deciding what aspects of your Lab Results to share, how to share them (e.g., we strongly advise against posting Lab Results on social media), and with whom. You further acknowledge that, to the extent you disclose your Lab Results, or any other Personal Information, with a healthcare provider, such data and information may become part of your medical records and may thereby be available to insurance companies and/or other healthcare providers, except as limited by applicable law.

4. Informed Consent for Telehealth Services.

By purchasing lab testing services through Zaro Health, you are engaging Junction's physician network, which includes Openloop Healthcare Partners, PC and its state-specific affiliates, and Reliant.MD Medical Associates and its state-specific affiliates (collectively, "Junction Physicians"), to order your laboratory tests via asynchronous telehealth. By accepting these Terms, you understand and agree to the following:

a. I understand that Telehealth is a mode of delivering health care services via communication technologies (e.g., internet or cellphone) to facilitate diagnosis, consultation, treatment, education, care management, and self-management of a patient's health care.

b. I understand that Junction and its affiliated physician groups (Openloop Healthcare Partners, PC, Openloop Healthcare Partners California, PC, Openloop Healthcare Partners Colorado, PC, Openloop Healthcare Partners New Jersey, PC, Openloop Healthcare Partners Wisconsin SC, Reliant.MD Medical Associates, PLLC, Reliant.MD Medical Associates California, PC, Reliant.MD Medical Associates Colorado, PC, Reliant.MD Medical Associates New Jersey, PC, Reliant.MD Medical Associates Wisconsin, SC, MECNB Physician Services, PC, MECNB Physician Services California, PC, MECNB Physician Services Colorado, PC, MECNB Physician Services New Jersey, PC, and MECNB Physician Services, SC) offer Telehealth consultations, which are conducted through asynchronous technology; my Telehealth provider will not be present in the room with me.

c. I understand there are potential risks to the use of Telehealth technology, including but not limited to, interruptions, delays, unauthorized access, and other technical difficulties.

d. I understand that either my Telehealth provider or I can discontinue the Telehealth appointment if the technical connections are not adequate for my visit.

e. I understand that I could seek an in-office visit rather than obtain care from a Telehealth provider, and I am choosing to participate in a Telehealth consultation with Junction's physician network.

f. To protect the confidentiality of my health information, I agree to undertake any Telehealth consultation in a private location, and I understand that my Telehealth provider will similarly be in a private location.

g. I understand that I am responsible for payment of any amounts due and owing resulting from my Telehealth visit.

h. In an emergent situation, I understand that the responsibility of my Telehealth provider may be to direct me to emergency medical services, such as an emergency room.

i. By accepting these Terms, I certify: that I have read this section and/or had it explained to me; that I understand the risks and benefits of a Telehealth appointment; and that I have been given the opportunity to ask questions.

5. NY and NJ Patient Billing Rights.

Patients residing in New York and New Jersey have the right under their respective state patient billing laws to request an itemized price list from Zaro Health for their laboratory tests. Please contact us at support@zarohealth.com to make such a request.

When BioReference becomes available, New York and New Jersey laboratory testing prices may be higher because of applicable state and facility fees.

6. Only Eligible Individuals May Use Our Services.

a. Eligibility. By accessing our Services, you represent that you are of sound mind and body to agree to our Terms and are in possession of the full rights and/or authorization to: (a) consent to our Terms, (b) agree to and pay for any purchase made by you, whether for your own benefit or the benefit of a third party, (c) authorize all rights and licenses herein granted to Zaro Health and assume all responsibilities, liabilities, debts, and obligations herein required of you, and (d) submit any Personal Information and other data and information provided in connection with our Services, whether for your own benefit or the benefit of a third party. You must be eighteen (18) years of age to make use of Zaro Health's Services.

b. Non-Eligibility. We reserve the right to terminate your use of and access to, our Services, and cancel any purchase thereunder, for any violation of our Terms or any provision of any other agreement between you and Zaro Health. Furthermore, you may not use our Services if you are:

i. Currently restricted or prohibited from using our Services;

ii. A past, present, or imminent competitor of Zaro Health and/or closely connected to one or more of our past, present, or imminent competitors;

iii. Acting on behalf of another person or entity without that person or entity's permission;

iv. Under a legal obligation that restricts and/or precludes your use of our Services; and/or

v. Otherwise unwilling to fully agree to and follow all of our Terms.

c. No Guarantees re: Eligibility. While we make every effort to keep a tight-knit community based on strict eligibility criteria, we make no warranty or representation that every user satisfies our eligibility criteria; there may be ineligible individuals who still gain access to and/or use our Services.

d. Immediate Termination. You agree to close your browser window and cease from all further use of our Services if you are or become ineligible to use these Services. You further agree to email support@zarohealth.com with the subject "End Use" with details about your reason for ceasing all further use.

e. Additional Terms & Conditions. You acknowledge that, in order to purchase and/or use certain Services and/or Products, Zaro Health may require you to enter into one or more separate agreements and/or accept additional terms and conditions, which are hereby incorporated by reference, in their entirety, into these Terms. To the extent that Zaro Health requires your consent to further terms and conditions, you will have opportunity to review such terms and conditions before proceeding to purchase and/or use such Services and/or Products. Insofar as there is any conflict between such terms and conditions and these Terms, the former will take precedence, but only with respect to such conflicting terms and/or conditions.

7. If Eligible, You Are Granted a Limited License to Make Use of Our Services.

a. As long as you remain eligible, you are granted a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, non-delegable, and fully revocable license to access and make use of our Services for personal, non-commercial use in accordance with these Terms. Zaro Health reserves the right to suspend, limit, or revoke this license, for any reason, with or without warning or notice, in our sole and absolute discretion.

i. You acknowledge and agree that this license, unto itself, does not grant you permission to use Services requiring payment without first remitting payment. You accept that, in order to receive certain Products and Services, you may be required furnish Payment Information and remit payment, as directed by Zaro Health.

ii. You are permitted to download and/or print a reasonable volume of EH Content for your personal, non-commercial use in compliance with the Terms. You are also permitted to download a single copy of any applications that we make available for your download, provided such download is for your personal, non-commercial use in compliance with the Terms and any additional agreements required for you to download, access, and/or use such an application. To the extent our features enable you to share EH Content via social media, you are permitted to share EH Content strictly as enabled by those features.

iii. You are permitted to store files that are automatically cached by your web browser. You are also permitted to temporarily store copies of EH Content in RAM, insofar as such storage is incident to your access and/or use of such EH Content.

b. You are allowed to create a single account for yourself, as an individual eighteen (18) years of age or older, in order to make use of our Services (an "Account"). You are also allowed to create an Account for each adult who has given you prior express written authorization to agree to these Terms and operate an Account on their behalf. You accept that, in order to create an Account, Zaro Health may require you to provide certain Personal Information and a login/password; this includes, without limitation furnishing a first and last name, date of birth, address, email address, race/ethnicity, height/weight, blood type, and information regarding your health history, your present health condition, and any symptoms. Such registration data and certain other information about you are governed by our Privacy Policy. You represent that you have provided and warrant that you will provide truthful, accurate, complete, up-to-date information at all times in connection with our Services; you further covenant that you will update any information that you furnish if, and as soon as, you learn that it is inaccurate, incomplete, and/or outdated; this applies, without limitation, to Personal Information.

c. You acknowledge and accept that Zaro Health will attribute all actions and usage of your Account to you. To the fullest extent permitted by applicable law, you are solely responsible for the security of your password, Account information, and any Personal Information thereto connected; you agree to maintain all such information as confidential at all times, and you agree to accept full responsibility for any decision to disclose and/or failure to protect your such information to the fullest extent permitted by applicable law. In this connection, to the fullest extent permitted by applicable law, you agree (i) that you are solely responsible for any actions and omissions relating to your Account and/or its nexus to our Services, including as it relates to the use and/or misuse of Personal Information, and (ii) you shall not hold Zaro Health or its Affiliates liable for any compromise of or any unauthorized access to and/or use of your Personal Information, or for otherwise relying on the authority of anyone using your login credentials and/or otherwise accessing your Account. You shall immediately alert us to any breach of your Account. You acknowledge and agree that you shall remain particularly vigilant of your Account security when using a public or shared network and/or computer. If you have an Account, you promise to exit from your Account at the end of each session using our Services.

d. Subject to these Terms, Zaro Health hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App for another device on which you also agreed to these Terms. Each instance of the Terms that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.

(i) Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:

• Zaro Health and you acknowledge that these Terms are concluded between Zaro Health and you only, and not with Apple Inc. ("Apple"), and that as between Zaro Health and Apple, Zaro Health, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the "Usage Rules" set forth in the Apple Media Services Terms and Conditions.
• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Zaro Health's sole responsibility, to the extent it cannot be disclaimed under applicable law.
• Zaro Health and you acknowledge that Zaro Health, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between Zaro Health and Apple, Zaro Health, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Zaro Health as follows: (1) by mail: Zaro Health, Inc., Attention: Legal Dept., 5601 Eagleglen Pl, Lithia, FL 33547, USA; (2) by e-mail: legal@zarohealth.com.
• Zaro Health and you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

(ii) Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store ("Google-Sourced Software"): (a) you acknowledge that these Terms are between you and Zaro Health only, and not with Google, Inc. ("Google"); (b) your use of Google-Sourced Software must comply with Google's then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Zaro Health, and not Google, is solely responsible for Zaro Health's Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to Zaro Health's Google-Sourced Software.

e. Where you communicate with Zaro Health by unsecured email, text message, or other electronic means ("E-messages"), or where you have affirmatively opted in to receive such messages from us, you acknowledge that E-messages are typically not a confidential means of communication, and that there is a reasonable chance that a third-party may be able to intercept and see E-Messages, including without limitation any attachments thereto and content therein. This section does not itself enroll you in, or create consent for, any ongoing email or text messaging program; ongoing SMS messaging requires the separate affirmative opt-in described in Section 5.f. You have been informed of the risks of transmitting your Personal Information by an unsecured means, including but not limited to the risk with respect to the confidentiality of such information.

f. We offer an optional SMS/MMS text messaging service ("Text Service"). Enrollment in the Text Service is separate from these Terms: you are enrolled only if you affirmatively opt in through a standalone, unchecked control in your account after your mobile number is verified, and never as a result of accepting these Terms, creating an Account, making a purchase, or verifying your phone number. Consent to the Text Service is not a condition of purchasing or using the Services. Service text messages and marketing text messages are separate; opting in to one does not opt you in to the other. If you enroll, messages may be sent using automated technology. Message frequency varies. Your mobile carrier's standard message and data rates may apply. You may text "STOP" to cancel at any time and "HELP" for help; after you text STOP we will send one final confirmation message and cease non-transactional texts to that number. If you change or deactivate your mobile telephone number, you agree to promptly update your Account information so messages are not sent to the number's new holder; consent is tied to the specific number you verified and does not transfer to a new number.

There is no additional charge for the Text Service, but your mobile carrier's or other service provider's standard message and data rates apply to any messages you send or receive through the Text Service, including confirmations and subsequent texts. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any SMS or MMS messages, or other communications, as delivery is subject to effective transmission by your mobile carrier or other service provider and compatibility of your mobile device.

As described in the Text Service enrollment and welcome messages, you may text "STOP" to cancel such communications as you are not required to consent to the Text Service as a condition of using the Services. You can also text "HELP" for customer support information. If you choose to cancel your Text Service, you agree to receive a final text message from the Text Service confirming your cancellation.

You can invite others to use the Services through the Text Service by providing the numbers of those you want to invite or by selecting the individuals you want to invite from your contacts list (if you have uploaded one). By asking us to invite others to use the Service, you represent to us that those you invite consent to receive the automated invitation messages and that you are authorized to convey that consent to us.

You will also receive information, communications, updates and reminders about your account and the Products you purchase via the Text Service. If you would like to opt out of all communications from us, please contact us at support@zarohealth.com, however, you acknowledge that this may affect your ability to effectively use the Services.

g. You may elect to deactivate your account with Zaro Health, cease using our Services, delete your Account, and/or terminate your agreement to these Terms at any time by sending an email to support@zarohealth.com.

i. You acknowledge and agree that your decision to deactivate, cease or end usage, and/or terminate this Agreement does not automatically entitle you to a credit, rebate, refund, or discount and may result in the removal and/or deletion of your Account, your Personal Information, and/or your User Content, at Zaro Health's sole election and discretion. Note that doing so may result in deletion of all of your data and information stored on the Services or shared via the Services, and we will bear no responsibility for such loss of data or information; provided that we may retain any information or data as permitted under these Terms and subject to our rights under the Privacy Policy, or as may be necessary or advisable in order to comply with any applicable law, rule, statute, order or regulation.

ii. Termination of your agreement to these Terms shall not prejudice or affect any right of action or remedy which has accrued or will thereafter accrue to either Party with respect to a breach of any representations, warranties, covenants, and/or other obligations hereunder. Each term and condition within these Terms that, either expressly or by implication and/or nature, is reasonably intended to survive the termination of this Agreement shall so survive, until its purpose is fulfilled or moot, or otherwise indefinitely, regardless of which Party terminates this Agreement.

iii. As permitted by applicable law, Zaro Health may still retain and use your Personal Information after you have deleted your Account. For more information, please review our Privacy Policy.

8. Use of AI Chat

a. AI Chat is a generative AI-powered chatbot that responds to your Inquiries with automatically generated replies. Users can input prompts, questions, and inquiries (collectively, "Inquiries") and AI Chat is designed to provide output, replies, and responses to facilitate access to general resources and information related to your Inquiries (each, a "Response" and collectively, "Responses"). Any such Responses constitute "EH Content" as defined herein. AI Chat leverages certain generative AI tools (including artificial intelligence and deep learning platforms, algorithms, tools and models made available by third parties) (collectively the "AI Tools") to collect, analyze, and respond to Inquiries. Zaro's AI Tools are currently provided by Google (Google Gemini, via Google Cloud Vertex AI). In addition to your Inquiries, Zaro transmits your profile information, lab/biomarker results, and connected wearable data to Google to generate Responses. Under Zaro's agreement with Google, this data is not used to train Google's models. By using AI Chat, you hereby consent, authorize and direct Zaro Health to share and otherwise disclose all Inquiries and other User Content you provide or otherwise make available to AI Chat with the AI Tools in order to complete your request, process and respond to your Inquiries and as otherwise described in these Terms. For the avoidance of doubt, AI Tools are subject to the terms and conditions under Section 13 below and you consent to the monitoring, recording and other processing of your AI Chat interactions.

YOU ACKNOWLEDGE AND AGREE THAT AI CHAT IS NOT A HUMAN. AI CHAT IS AN AI-BASED TOOL AND IS NOT A REPLACEMENT FOR HUMAN INTERACTION AND ADVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ZARO HEALTH DOES NOT GUARANTEE THAT ANY RESPONSES WILL BE HELPFUL OR ACCURATE. GENERATIVE AI TECHNOLOGY IS KNOWN TO HALLUCINATE OR OTHERWISE PROVIDE INCORRECT ANSWERS. YOU UNDERSTAND THIS IS A TOOL AND RESOURCE BUT IS INTENDED ONLY AS A SUPPLEMENT TO YOUR INDEPENDENT CONFIRMATION AND JUDGMENT AND CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER.

b. You represent to us that you are not using AI Chat for the purpose of seeking medical attention, care, or advice. Additionally, as a condition of use, you agree not to (and shall not permit any third party to) make available any User Content or take any action using AI Chat that: (a) may constitute, contribute to, depict, or encourage a crime, illegal or terrorist activity, or a violation or infringement of any third party's rights; (b) is unlawful, harmful, threatening, abusive, harassing, inflammatory, defamatory, libelous, discriminatory, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, vulgar, hateful, or is racially, ethnically, or otherwise objectionable (in our sole discretion); (c) posts or submits a photograph of another person without that person's permission; (d) contains adult content, including obscene, pornographic, and/or sexual terms, descriptions and/or images, nudity, profanity, or graphic violence; (e) may create a risk of, glorify, encourage, or threaten violence, harm, physical or mental injury, emotional distress, death, disability, disfigurement, self-harm, or any other loss or damage to you or any other person or to any animal or to any property; (f) exploits political agendas or "hot button" issues for commercial use, or that contains hate speech based upon the race, sex, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of an individual or group; (g) you do not have the right to make available or to take under any law under contractual or fiduciary relationships; (h) harms minors in any way, or solicits or otherwise attempts to gain any information from a minor; (i) forges headers or otherwise manipulates identifiers in order to disguise the origin of any content or other materials transmitted to or through the Chat Offerings; (j) attempts to identify any anonymous user; (k) may constitute the receipt or provision of clinical services, including but not limited to the practice of medicine; or (l) submit protected health information (as defined in the Health Insurance Portability and Accountability Act, as amended, and its implementing regulations).

c. YOU ACKNOWLEDGE THAT THE RESPONSES ARE BASED ON YOUR INQUIRIES AND OTHER USER CONTENT YOU PROVIDE AI CHAT, AND THAT ZARO HEALTH HAS NO CONTROL OVER ANY SUCH USER CONTENT. ACCORDINGLY, ALL RESPONSES ARE PROVIDED "AS IS" AND WITH "ALL FAULTS," AND ZARO HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO ANY USER CONTENT OR RESPONSES, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, TRUTHFULNESS, TIMELINESS, OR SUITABILITY.

ZARO HEALTH DOES NOT GUARANTEE THE SECURITY OR PRIVACY OF ANY USER CONTENT.

YOU ACKNOWLEDGE AND AGREE THAT THERE ARE LIMITATIONS ASSOCIATED WITH GENERATIVE-AI TECHNOLOGY. AI CHAT MAY MAKE MISTAKES AND PROVIDE YOU WITH INCORRECT INFORMATION. IT IS IMPORTANT THAT YOU PERFORM YOUR OWN RESEARCH AND USE YOUR OWN JUDGEMENT WHEN EVALUATING ANY RESPONSES PROVIDED BY AI CHAT.

AI CHAT AND RESPONSES PROVIDED IN CONNECTION THEREWITH ARE NOT A SUBSTITUTE FOR YOUR OWN RESEARCH AND DILIGENCE AND GUIDANCE FROM YOUR HEALTHCARE PROVIDERS. THE RESPONSES ARE DEPENDENT UPON THE INFORMATION AND CONTENT YOU PROVIDE AS QUERIES TO AI CHAT.

YOU, AND NOT ZARO HEALTH, SHALL BE RESPONSIBLE FOR VERIFYING THE ACCURACY OF ALL INFORMATION CONTAINED WITHIN THE RESPONSES, FOR MAKING DECISIONS, AND FOR COMPLYING WITH ALL LAWS AND APPLICABLE REGULATIONS, AND WILL RELEASE AND WAIVE ANY CLAIMS AGAINST ZARO HEALTH, AND INDEMNIFY ZARO HEALTH FOR ANY CLAIMS, RELATED TO YOUR USE OR RELIANCE ON AI CHAT AND ANY RESPONSES.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL REVIEW EACH RESPONSE AND ANY OTHER ASPECTS OF AI CHAT TO CONFIRM ACCURACY AND TO CONFIRM THAT SUCH MATERIALS ARE SUFFICIENT AND MEET YOUR NEEDS. AI CHAT IS INTENDED AS A RESPONSE GENERATION TOOL ONLY AND DOES NOT CONSTITUTE ANY WARRANTY OR GUARANTY THAT AI CHAT WILL PROVIDE ACCURATE, TAILORED, OR INFORMATIVE RESPONSES OR RESULTS. LAWS AND REGULATIONS GOVERNING USE OF GENERATIVE ARTIFICIAL INTELLIGENCE ARE RAPIDLY EVOLVING, AND ZARO HEALTH DOES NOT GUARANTEE THAT YOUR USE OF AI CHAT, OR RESPONSES WILL COMPLY WITH APPLICABLE LAWS AND REGULATIONS OR THAT FUTURE LAWS AND REGULATIONS WILL NOT IMPACT YOUR USE THEREOF. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF AI CHAT, AND RESPONSES COMPLY WITH ALL APPLICABLE LAWS. YOU SHOULD EVALUATE THE FITNESS OF ANY RESPONSE AS APPROPRIATE FOR YOUR SPECIFIC USE CASE.

YOU ACKNOWLEDGE AND AGREE THAT ZARO HEALTH DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY, EFFICACY, VERACITY, COMPLETENESS, OR APPROPRIATENESS OF ANY INFORMATION OR RESOURCES RECEIVED, PROVIDED, OR MADE AVAILABLE THROUGH AI CHAT. ZARO HEALTH DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC OPINIONS OR OTHER INFORMATION OR RESOURCES MADE AVAILABLE THROUGH AI CHAT.

9. Further User Representations, Warranties, & Covenants.

a. You covenant that you shall not sell, rent, lease, barter, recreate, reproduce, copy, modify, create derivative works from, license, sublicense, distribute, publish, republish, perform, transmit, transfer, display, distribute, exhibit, exploit, and/or make commercial use of our Services, or any aspect thereof (including without limitation the EH Content), without the prior express written consent of Zaro Health and/or our applicable third party licensor and/or provider; you acknowledge that you are strictly forbidden from doing any of the foregoing and represent that you have not done any of the foregoing up to this point in time.

b. You covenant that you shall not directly or indirectly resell or export any aspect of our Services or any of our Products, including without limitation our facilitation of access to third-party laboratory and telemedicine services, any Lab Results, and any personalized materials, and any EH Content resulting therefrom and/or relating thereto, and you represent that you have not done any of the foregoing up to this point in time.

c. You represent and warrant that you are neither an employer seeking information regarding an employee, nor a person acting on behalf and/or in furtherance of insurance company seeking information about a prospective or actual customer.

d. You represent that you have not violated and covenant that you shall not violate any export control laws or other restrictions on shipping to foreign countries in the course of purchasing and/or making use of Services and/or Products. The Services may not be used or otherwise provided or made available, either directly or indirectly, (a) in Cuba, Iran, North Korea, Syria, Crimea region of Ukraine, or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department's Table of Denial Orders.

10. You Must Be Reasonable and Fair in Accessing and Using Our Services.

a. Zaro Health's rules for access and use of our Services should be easy to follow. Nonetheless, here are a few key points to help you along the path:

i. Treat Zaro Health, our Affiliates, affiliated service providers, and our community members kindly and respectfully.

ii. All information you provide must be complete, truthful, and up-to-date.

iii. Do not attempt to disrupt our technology or misappropriate our intellectual property.

iv. Follow the law at all times in connection with our Services and Products.

b. You hereby represent that you have not used and warrant that you shall not use our Services to directly or indirectly attempt, engage in, aid, abet, support, incite, encourage, perpetrate, and/or otherwise assist any of the following:

i. a violation of a local, state, federal, and/or international law, rule, or regulation;

ii. a violation of municipal, administrative and/or professional rules, standards, guidelines, or requirements;

iii. fraud, misrepresentation, impersonation, or identity theft;

iv. the exploitation or harm of a minor, disclosure of a minor's information, or violation of a minor's privacy;

v. the deliberate submission of false, misleading, invalid, outdated, or inaccurate Personal Information;

vi. an illegal and/or deceptive business practice;

vii. a violation of our rights, the rights of our Affiliates, or the rights of any of our licensors, service providers, or any of their respective Affiliates;

viii. a violation, infringement, or misappropriation of third-party rights, including without limitation infringements of third-party intellectual property rights and violations of third-party rights to privacy;

ix. the unauthorized use or disclosure of a third-party's Personal Information;

x. harassment, trolling, intimidation, stalking, hate speech, bigotry, racism, prejudice, threats of violence, and/or any other abusive conduct;

xi. obscene, lewd, sexually explicit, and/or pornographic content;

xii. slander, defamation, libel or disparagement;

xiii. an effort to offer or render professional advice (e.g., medical, financial);

xiv. any implication of an affiliation with or endorsement by Zaro Health; and/or

xv. an effort to disrupt or interfere with our Services and/or business operations.

Zaro Health reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates this provision, including without limitation, removing any offending content from the Services, suspending or terminating the Account of such violators and reporting you to the law enforcement authorities.

c. You promise that, in the course of using our Services, you shall not introduce and/or circulate malicious content, code, files, or programs, or otherwise engage in malicious conduct. Among other things, you acknowledge and agree that you are not permitted to engage in phishing, harvesting, spamming, or the introduction or circulation of viruses, spyware, worms, Trojan Horses, Easter eggs, keystroke loggers, time bombs, or logic bombs.

d. You shall not make efforts to impair, disrupt, overburden, damage, or interfere with the proper working order of any technologies, systems, or operations, belonging to Zaro Health, our Affiliates, our licensors, and/or any of our third-party providers. Under no circumstances shall you make efforts to modify or alter any aspect of our Services or the services of our Affiliates, licensors, and/or third-party providers. You shall not attack our Services in any fashion, online or in person, including without limitation by a denial-of-services or distributed denial-of-services attack.

e. Under no circumstances shall you make efforts to decompile, disassemble, reverse engineer, translate, render generically, modify, mimic, duplicate, or otherwise derive any aspect, feature, function, or detail concerning or relating to our Services, except to the extent that such a restriction is expressly forbidden by law; this clause includes, but is not limited to the modification, mimicking, duplication and/or rebranding any EH Content and/or any technology relating to our Services, as well as the display of EH Content separate from accompanying text or otherwise out of full context. You are not permitted to use the EH Content to develop any functions, programs, applications, technologies, or services that leverage the Services.

f. You shall not make efforts to index, copy, extract, download, or otherwise copy or retrieve any of aspect of our Services, including without limitation the EH Content; this includes, without limitation, a prohibition on use of a spider, data miner, crawler, robot, or similar tool. You are not permitted to link or deep-link to our Site or any of our other Services. You may not utilize framing or mirroring techniques to enclose any item of EH Content, and you are forbidden from using "hidden text" that references the EH Content without the prior express written consent of Zaro Health and/or our third-party licensor(s). Notwithstanding the foregoing, operators of public search engines are granted a limited, revocable, non-sublicensable right to use spiders and provide links in connection with the EH Content strictly to assist in the legitimate development of a public index that reflects content and information appearing in publicly-facing areas of our Site.

g. During the course of using our Services, you shall not sell, resell, rent, lease, barter, recreate or reproduce, duplicate, copy, modify, create derivative works from, license, sublicense, distribute, publish, perform, transmit, transfer, display, distribute, exhibit, exploit, or otherwise make commercial use of any aspect of our Services, including without limitation any item or aspect of EH Content, without the prior express written consent of Zaro Health and/or our applicable third-party licensor. The Services are solely for your personal, non-commercial use.

h. You represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You hereby grant Zaro Health a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, irrevocable license to copy, display, share, perform, distribute, store, modify and otherwise use your User Content, and any Usage Data (as defined below), in connection with (a) the operation and provision of the Services, and (b) subject to the Privacy Policy, (i) the improvement or enhancement of the Service, and the development and provision of new products, services and offerings, and for other development and corrective purposes in connection with the Service and other Zaro Health offerings, products or services, (ii) to create aggregated or other de-identified data, and (iii) the marketing or promotion of any of the foregoing, in each case in any form, medium or technology now known or later developed, except to the extent that any use would be prohibited by HIPAA (as applicable) or other applicable Law. You represent and warrant that any authorized use of your User Content by Zaro Health does and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, and intellectual property rights. You and you alone are responsible for your User Content. Any User Content that you provide to us is at your own risk of Losses. Zaro Health shall not be responsible or liable for any Losses arising out of and/or relating to your User Content.

You hereby authorize Zaro Health and its third-party service providers to derive statistical and usage data relating to your use of the Services ("Usage Data"). We may use Usage Data for any purpose at any time in accordance with applicable law and our Privacy Policy. Usage Data may be collected through cookies and similar technologies on our website, including, with your consent, analytics tools such as Google Analytics (which sends usage data to Google LLC) and advertising pixels such as the Meta Pixel (which sends usage data to Meta Platforms, Inc.), as described in our Privacy Policy. These technologies may record that you reached checkout and which plan tier you selected; we do not use them to send Google, Meta, or other advertisers your name, contact details, health information, lab orders, or lab results. Notwithstanding anything to the contrary in these Terms, any health or fitness data we obtain from Apple Health (HealthKit) or Android Health Connect is not used for advertising or marketing, is never sold or shared with data brokers or advertising partners, and is used and disclosed only as described in the "Connected Health Apps and Wearables" section of our Privacy Policy.

11. Zaro Health Holds and Reserves Numerous Rights.

a. At any time, for any reason, with or without notice, in our sole discretion, Zaro Health reserves the right to update, improve, modify, alter, limit, suspend, discontinue, and re-introduce any of our Services, and any aspects, portions, details, features, specifications, and functions thereof, as well as adjust or modify any pricing, availability, and timeframes offered with respect to our Services. You agree that Zaro Health will not be liable to you or any third party for any modification, suspension or discontinuance of any of our Services.

i. You agree that Zaro Health reserves the right to supplement, delete, or otherwise modify some of all these Terms, or any portions thereof, at any time, for any reason, with or without notice, in our sole discretion. In the event that Zaro Health revises these Terms, your continued and/or subsequent access and/or use of our Services will constitute your unconditional acceptance of the revised Terms.

ii. You acknowledge and agree that Zaro Health may refuse, suspend, terminate, ban, or otherwise restrict access to our Services to any person, including you, at any time, for any reason, with or without notice, in our sole discretion, without liability for any Losses arising therefrom and/or relating thereto.

iii. To the extent you enter into a separate agreement and/or consent for Services with Zaro Health, and such an agreement or consent contains different termination terms than herein provided, the terms of such separate agreement and/or consent shall control termination as to and only as to the specific Services subject to such an agreement.

b. You acknowledge that, to the extent permitted by applicable law, Zaro Health reserves the right to decide how it will contact you regarding any service messages and other publicly-directed communications, and you agree that any reasonable means of contact selected by Zaro Health shall suffice for timely and adequate notice. You agree that all other notices, requests, consents, claims, demands, waivers, and other communications that Zaro Health sends to you may be sent to the email that you provided to Zaro Health when you registered for our Services or as updated in connection with your Zaro Health account.

c. To the fullest extent permitted by law, and except as otherwise specified in writing, Zaro Health holds no obligation or responsibility to take action or refrain from acting with respect to the continuation, provision, maintenance, updating, improvement, renovation, and/or modification of our Services or any material, data, information, and/or content arising out of or relating to our Services.

d. To the fullest extent permitted under law, all EH Content, and all copyright, trademark rights, service mark rights, patent rights, and other intellectual property rights and proprietary rights arising out of, relating to, and/or appearing in connection with the EH Content, are owned by us and/or one of our third-party licensors or other providers and are protected by the intellectual property laws of the United States and other countries. You acknowledge and agree that all names, logos, brands trademarks, service marks, slogans, copyright, and designs, and all rights thereto, arising out of, relating to, and/or appearing in connection with the EH Content belong exclusively to Zaro Health and/or one of our third-party licensors or other providers, irrespective of the presence of any legal designation or lack thereof, and are subject to protection from misappropriation, misuse, blurring, tarnishing, dilution, impersonation, or other unauthorized exploitation under United States law and international law; this includes, without limitation, our trademarks, service marks, and/or logos for "Zaro Health" and "Equa." You acknowledge and agree that: (i) nothing in these Terms, express or implied, grants you any right or license to make use of any names, logos, trademarks, service marks, slogans, designs, patents, copyright, or other EH Content arising out of, relating to, and/or appearing in connection with our Services; and (ii) these Terms expressly forbid your use of any such intellectual property without our prior express written consent.

e. To the fullest extent permitted under law, Zaro Health reserves any and all rights and interests not expressly granted by these Terms. You acknowledge and agree that: (i) no right, title, or interest in and to the EH Content is transferred to you; and (ii) your provision of a Sample or any Personal Information does not afford you any right, title, or interest in and to any research by Zaro Health, our Affiliates, our licensors, and/or our third-party providers or any related Services, Products, documents, data, information, materials, or offerings.

f. Subject to the conditions set forth in these Terms (including but not limited to our Privacy Policy), you hereby grant Zaro Health a perpetual, irrevocable, non-exclusive, royalty-free, fully sub-licensable, fully transferrable worldwide right and license to exercise any and all rights you may have as to any User Content you disclose, generate and/or submit publicly arising out of and/or relating to your use of our Services. You further agree that you waive any moral rights in connection with any content and any data and information arising out of and/or relating to your use of our Services.

g. You acknowledge and agree that any suggestions, ideas, recommendations, complaints, feedback, and other submissions ("Submissions") you provide to Zaro Health shall constitute User Content for the purposes of this Agreement. You recognize that not all User Content (including without limitation Submissions) is subject to protection under the applicable intellectual property laws. You acknowledge that Zaro Health may already be in the process of creating, developing, finalizing, and/or commercializing products, services, content, or other materials that overlap with or are substantially similar to one or more Submissions at the time you submit such Submission(s).

12. It Is Important for You to Understand How Zaro Health Uses Your Information.

a. Zaro Health's Privacy Policy can be found on our website. Once again, we urge you to carefully review our Privacy Policy, as it directly impacts how Zaro Health handles your Personal Information, among other types of data and information. You acknowledge and agree that Zaro Health's Privacy Policy is incorporated by reference into these Terms, in its entirety; by accepting our Terms, you agree to all terms and conditions in our Privacy Policy.

b. Except as you may otherwise expressly authorize, Zaro Health (or any third-party on behalf of Zaro Health) does not collect, store, analyze, or retain any Samples during the course of providing our Services. Please consult the terms and conditions of your laboratory services provider, for more information regarding the collection, storage, analysis and retention of any Sample you provide to a laboratory service provider that is facilitated through our Services.

c. In furtherance of facilitating third-party laboratory testing and medical care services directly for you, you hereby expressly permit affiliated contractors and providers to (i) receive, handle, store, transport, and analyze your Sample; (ii) transmit and disclose documents and files containing and/or reflecting Personal Information (including without limitation Lab Results) (1) within and among one another as necessary to furnish and/or facilitate the Services and (2) to persons and/or entities whom you specifically designate for receipt of your Lab Results.

d. You acknowledge and agree that Zaro Health and its third-party providers, laboratories, medical professionals, vendors, and suppliers may have independent legal, regulatory, public health, or reporting obligations under applicable federal, state, or local laws, rules, or regulations. You expressly authorize Zaro Health and such third parties to disclose Personal Information, health information, and other data as required to comply with such obligations, including without limitation reporting to public health authorities, regulatory agencies, law enforcement, or other governmental entities, without further notice to or authorization from you, to the extent permitted or required by law and consistent with Zaro Health's Privacy Policy.

13. Zaro Health Offers and Utilizes Third-Party Services and Products; However, We Are Not Responsible or Liable for Those Third Parties or Their Services or Products.

During the course of using our Services, Zaro Health may offer you the opportunity to connect with third-party providers; such providers may include, without limitation, payment processing providers, laboratory services providers, data processing and visualization providers, customer service specialists, AI Tool providers (currently Google, via Google Gemini and Google Cloud Vertex AI), providers of health-related products or services (e.g., supplements, wellness products, wearables or other devices), and telemedicine providers. Notwithstanding the fact that Zaro Health may help facilitate such opportunities with certain third-party medical providers and laboratories, you are free to use any medical provider or laboratory of your choosing. Upon your request, Zaro Health will use best efforts to integrate information you provide to us from such providers into the Zaro Health Service ecosystem. Zaro Health may also offer you the opportunity to receive, view, and interact with content created and/or developed by a third-party. Furthermore, in conjunction with our Services, Zaro Health may offer you the opportunity to purchase and/or receive third-party services, products, content, advertisements, devices, and offerings ("Offerings").

Certain products made available for purchase in connection with the Services are manufactured, distributed, or provided by third-parties and may be subject to separate terms and conditions, end-user license agreements, return policies, subscription terms, or other contractual requirements imposed by such third-parties ("Third-Party Product Terms"). By purchasing or using any such product, you acknowledge and agree that you are bound by any applicable Third-Party Product Terms, and that Zaro Health is not responsible for the content, enforcement, or performance of such terms.

a. NEITHER ZARO HEALTH NOR OUR AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY, QUALITY, EFFICACY, ACCURACY, RELIABILITY, UP-TO-DATENESS, USEFULNESS, TIMELINESS, SAFETY, COST, LEGALITY, OR RESULTS OF ANY THIRD PARTY'S OFFERINGS, OR ANY INFORMATION, RECOMMENDATIONS, OPINION, GUIDANCE, COURSE, TREATMENT, ADVICE, OR CARE PROVIDED IN CONNECTION THEREWITH.

b. NOTWITHSTANDING ANY INTERVIEWS, BACKGROUND CHECKS, OR OTHER VETTING PROCEDURES WE MAY OPT TO CONDUCT, NEITHER ZARO HEALTH NOR OUR AFFILIATES MAKES ANY WARRANTY, REPRESENTATION, GUARANTEE, RECOMMENDATION, REFERRAL, OR OPINION REGARDING ANY THIRD-PARTY PROVIDER'S QUALIFICATIONS, CREDENTIALS, LICENSING, QUALITY OF WORK, CORRECTNESS OF OPINION, OR SOUNDNESS OR APPLICABILITY OF ADVICE. YOU ACKNOWLEDGE THAT YOU HAVE SELECTED EACH MEDICAL PROVIDER OR LABORATORY ON YOUR OWN AND THAT NO THIRD PARTY, INCLUDING ZARO HEALTH, HAS REFERRED, ARRANGED OR RECOMMENDED ANY MEDICAL PROVIDER OR LABORATORY TO YOU.

c. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ZARO HEALTH NOR OUR AFFILIATES SHALL HOLD ANY LIABILITY OR RESPONSIBILITY WITH RESPECT TO ANY THIRD PARTY ADVICE, INFORMATION, OPINION, GUIDANCE, PLAN, COURSE OF TREATMENT, CARE, TEST RESULT, OR OTHER OFFERING. YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE ZARO HEALTH AND HOLD ZARO HEALTH AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY OFFERING. WE ENCOURAGE YOU TO RESEARCH APPLICABLE DOCTORS, SERVICE PROVIDERS, AND MEDICAL PRODUCTS/DEVICES. YOU ACKNOWLEDGE THAT OUR SERVICES ARE NOT INTENDED FOR EMERGENCY PURPOSES; IN THE EVENT OF A MEDICAL EMERGENCY, YOU AGREE TO IMMEDIATELY CALL YOUR DOCTOR, VISIT YOUR NEAREST HOSPITAL, OR DIAL 9-1-1.

d. NEITHER ZARO HEALTH NOR OUR AFFILIATES MAKE ANY REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER PROMISES REGARDING THE ACTS OR OMISSIONS OF ANY THIRD-PARTY. YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE ZARO HEALTH AND OUR AFFILIATES AND HOLD ZARO HEALTH AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ALL THIRD-PARTY PRODUCTS, SERVICES, CONTENT, MATERIALS, INFORMATION, AND OTHER OFFERINGS.

e. YOU AGREE THAT NEITHER ZARO HEALTH NOR OUR AFFILIATES PUTS FORTH ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, TITLES, OR INTERESTS.

f. YOU ACKNOWLEDGE AND AGREE THAT NEITHER ZARO HEALTH NOR OUR AFFILIATES HAS ANY CONTROL, INPUT, OR AUTHORITY WITH RESPECT TO ANY THIRD PARTY'S TERMS OF SERVICE, PRIVACY POLICY, OR RELATED POLICIES AND PRACTICES. YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE ZARO HEALTH AND OUR AFFILIATES AND HOLD ZARO HEALTH AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY'S TERMS OF SERVICE, PRIVACY POLICY, AND/OR RELATED POLICIES AND PRACTICES.

g. YOU ACKNOWLEDGE AND AGREE THAT NEITHER ZARO HEALTH NOR OUR AFFILIATES HAS ANY CONTROL, INPUT, OR AUTHORITY WITH RESPECT TO ANY THIRD PARTY'S SCHEDULING DECISION, APPOINTMENT CANCELLATION, LATENESS, DELAY, OR FAILURE TO FULLY AND SUCCESSFULLY PROVIDE SERVICES, PRODUCTS, OR OTHER OFFERINGS. YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE ZARO HEALTH AND OUR AFFILIATES AND HOLD ZARO HEALTH AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ANY SUCH THIRD-PARTY FAILURE.

h. YOU ACKNOWLEDGE AND AGREE THAT NEITHER YOUR LAB RESULTS NOR ANY OTHER DOCUMENTS, MATERIAL, INFORMATION OR CONTENT WE FURNISH IS INTENDED AS MEDICAL ADVICE OR A SUBSTITUTE THEREFOR, EVEN IF AUTHORED, DISTRIBUTED, EDITED, OR RECOMMENDED BY A LICENSED MEDICAL PROFESSIONAL. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE ZARO HEALTH AND OUR AFFILIATES AND TO HOLD ZARO HEALTH AND OUR AFFILIATES HARMLESS FROM ANY MATTER ARISING OUT OF AND/OR RELATING TO ANY EH CONTENT, YOUR LAB RESULTS, AND/OR ANY DOCUMENTS, COMMUNICATIONS, DATA, OR INFORMATION RELATING TO YOUR LAB RESULTS.

i. YOU ACKNOWLEDGE THAT YOU MAY ENCOUNTER THIRD-PARTY INDIVIDUALS AND/OR INTERACTIONS THAT YOU DEEM TO BE HOSTILE, OBSCENE, OFFENSIVE, PREJUDICED, UNLAWFUL, INCOMPETENT, HARASSING, AND/OR OTHERWISE INAPPROPRIATE DURING THE COURSE OF OR AS A RESULT OF USING OUR SERVICES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT HOLD ZARO HEALTH OR OUR AFFILIATES RESPONSIBLE OR LIABLE FOR ANY SUCH INTERACTIONS.

j. NEITHER ZARO HEALTH NOR OUR AFFILIATES MAKES A WARRANTY OR REPRESENTATION REGARDING ANY INSURANCE OR OTHER HEALTHCARE POLICY, ANY BENEFITS THEREUNDER, OR THE SCOPE, VALIDITY OR ACCEPTABILITY THEREOF. YOU AGREE TO RELEASE ZARO HEALTH AND OUR AFFILIATES AND HOLD ZARO HEALTH AND OUR AFFILIATES HARMLESS FROM ANY MATTER ARISING OUT OF AND/OR RELATING TO ANY INSURANCE OR OTHER HEALTHCARE POLICY CLAIMS, COVERAGE, REIMBURSEMENT, OR ACCEPTANCE ISSUES.

k. ZARO HEALTH DOES NOT GUARANTEE THAT WE WILL AUDIT, ANALYZE, OR REVIEW USER CONTENT OR OTHER THIRD-PARTY CONTENT BEFORE IT GOES LIVE. NEITHER ZARO HEALTH, NOR OUR AFFILIATES IS IN ANY WAY RESPONSIBLE FOR WHAT IS PUBLISHED AS USER CONTENT OR OTHER THIRD-PARTY CONTENT IN CONNECTION WITH OUR SERVICES. WE RESERVE THE RIGHT TO DELETE ANY USER CONTENT OR ANY OTHER CONTENT AT ANY TIME FOR ANY REASON WITHOUT NOTICE, CAUSE, OR CONSENT.

14. In Order to Use Our Services, Zaro Health Requires You to Make These Additional Representations and Warranties, and to Assume These Additional Obligations.

a. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME ALL RISK, LIABILITY, AND RESPONSIBILITY FOR DETERMINING THE EXTENT TO WHICH OUR SERVICES AND ANY THIRD-PARTY OFFERINGS AVAILABLE THROUGH OUR SERVICES ARE APPROPRIATE, VIABLE, AND SAFE FOR YOUR USE AND SUITABLE FOR YOUR PARTICULAR NEEDS. YOU AGREE THAT, BETWEEN YOU ON THE ONE HAND AND ZARO HEALTH AND OUR AFFILIATES ON THE OTHER HAND, YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR DETERMINING: WHETHER TO MAKE USE OF ANY PRODUCT OR SERVICE; WHETHER AND TO WHAT EXTENT TO SEEK MEDICAL CARE OR OTHER HEALTHCARE SERVICES IN CONNECTION WITH YOUR LAB RESULTS; AND WHETHER AND TO WHAT EXTENT TO FOLLOW A GIVEN OPINION, RECOMMENDATION, COURSE, TREATMENT, PLAN OR ITEM OF ADVICE.

b. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT LEGALLY ALLOWED, YOU ASSUME ALL RISK, LIABILITY, AND RESPONSIBILITY FOR YOUR OWN ACTS AND OMISSIONS IN CONNECTION WITH OUR SERVICES; THIS INCLUDES, WITHOUT LIMITATION, YOUR ACTS AND OMISSIONS IN CONNECTION WITH: (i) YOUR SCHEDULING AND RECEIPT OF SAMPLE COLLECTION SERVICES; (ii) YOUR RECEIPT OF ANY LAB RESULTS; (iii) ANY THIRD-PARTY MEDICAL ADVICE AND/OR CARE; AND (iv) THE PURCHASE AND/OR USE OF ANY MEDICAL PRODUCT OR DEVICES.

c. You represent that you have carefully assessed whether our Services and Products and any third-party Offerings facilitated through our Services are appropriate, viable, and safe for your use, given your particular needs, and you promise that you will continue to do so to the extent you make use of additional Services or Products and/or related third-party offerings. Furthermore, you represent and warrant that you are mentally and physically capable of using our Services and Products. If you have or develop a condition and/or disability that could impact your use of our Services and/or related third-party offerings, you represent and warrant that a licensed medical professional has approved your use our Services and any related third-party offerings to the extent used by you.

15. Please Review These Terms Governing Your Purchase of Services and Products.

a. You Authorize Zaro Health to Effectuate Your Purchase. You should plan for your payment to process immediately upon finalizing your purchase with Zaro Health. Effective immediately, you hereby authorize Zaro Health to: (i) charge your Payment Method in full for all amounts listed at the time of purchase/transaction confirmation, inclusive of any taxes, charges, surcharges, and fees; (ii) disclose your Personal Information, inclusive of your Payment Information, to our Affiliates, as well as our payment providers, and any laboratory companies, shipping providers, and other service providers, as reasonably necessary to facilitate the purchase and/or delivery of our Services and Products and related third-party Offerings; (iii) make use of any other Payment Methods you have submitted in the event that one of your Payment Methods is refused or denied. Zaro Health does not accept commercial or governmental health insurance plans, is not in-network with any commercial health insurance plans, and is not enrolled with federal or state healthcare programs, such as Medicare and Medicaid. By choosing to use the Services and/or subscribing to the Services, you are specifically choosing to obtain products and services exclusively on a private-pay basis outside of any commercial health insurance plan or federal or state healthcare program. If a third-party is designated, authorized, or expected to pay for any portion of the Services or Products on your behalf, you acknowledge and agree that you remain fully financially responsible for all amounts due to Zaro Health in the event such third-party fails or refuses to pay for any reason.

b. Subscriptions. If you purchase access to certain features and functionality of the Services on a recurring basis (a "Subscription"), the fee for such Subscription ("Service Subscription Fee") will be billed at the start of the Subscription ("Subscription Service Commencement Date") and continuously at regular intervals in accordance with your elections at the time of purchase until you cancel your Subscription. Zaro Health reserves the right to change the timing of our billing and the Subscription pricing at any time. If changes to the Subscription price occur that impact your Subscription, Zaro Health will use commercially reasonable efforts to notify you. If you do not agree with such changes, you may cancel your Subscription as set forth in Section 15(b)(ii). Zaro Health is not obligated to provide the Service to you until Zaro Health accepts your order by a confirmatory email, SMS/MMS message, or other appropriate means of communication.

(i) Automatic Renewal. If you elect to purchase a Subscription, your Subscription will continue and automatically renew at Zaro Health's then-current price for such Subscription until terminated in accordance with this Agreement. By subscribing, you authorize Zaro Health to charge the payment method designated in your Account now, and again at the beginning of any subsequent Subscription period. Upon renewal of your Subscription, if Zaro Health does not receive payment, (i) you shall pay all amounts due on your Account upon demand and/or (ii) you agree that Zaro Health may either terminate or suspend your Subscription and continue to attempt to charge your designated payment method until payment is received.

(ii) Cancelling Subscriptions Purchased via Zaro Health. If you wish to cancel your Subscription or do not wish your Account to renew automatically, you may do so prior to the date your subscription takes effect or renews by logging into your Account Settings at my.zarohealth.com and interacting with the cancellation interface, or by contacting Zaro Health at support@zarohealth.com. Your cancellation generally will take effect at the end of the billing cycle in which you cancel, and you will maintain access to your Account until then.

c. Taxes. The fees do not include any Sales Tax that may be due in connection with the Service provided under this Agreement. If Zaro Health determines it has a legal obligation to collect Sales Tax from you in connection with this Agreement, Zaro Health shall collect such Sales Tax in addition to the fees. If any services, or payments for any services, under this Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Zaro Health, you shall be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you shall indemnify Zaro Health for any liability or expense Zaro Health may incur in connection with such Sales Taxes.

d. Membership Purchases through Third-Party Sellers. You may be able to purchase an Zaro Health membership through authorized third-party ecommerce and in-store retailers, made available by Zaro Health in its sole discretion. When you make such a purchase, you will receive a redemption code (the "Membership Code") that you must redeem on the Zaro Health website at www.zarohealth.com or as otherwise stated on the third-party seller platform or in an associated communication. You agree and understand that your membership is not active (and the membership time period does not commence) until you redeem the Membership Code on the Zaro Health website.

Your Membership Code remains valid (until expiration) for a membership in the duration indicated regardless of whether Zaro Health's standard price for the same membership duration changes after you make your purchase. A Membership Code can only be redeemed once and only for an eligible membership made available by Zaro Health and in accordance with these Terms. A Membership Code cannot be redeemed for cash (unless required by applicable law), resold, partially redeemed, or combined with any other offers or any other purchases.

Subject to applicable law, we reserve the right, without notice to you, to void your Membership Code and not provide your membership if we suspect that a Membership Code is obtained, used, transferred or otherwise applied fraudulently, unlawfully, or otherwise in violation of these Terms.

e. Refund and Account Credit Policy.

i. Subscription Payments. If you cancel your Zaro Health Subscription within forty-eight (48) hours of your initial purchase and you have not received any lab testing services, Zaro Health will provide you with a full refund of your Service Subscription Fee. After forty-eight (48) hours from your initial purchase have passed or after you receive lab testing services in connection with your Subscription, whichever comes first, you will no longer be eligible for a refund for any Service Subscription Fee. Payments for recurring membership periods following your first Subscription period are not refundable.

No refunds are available for tests that are bundled into the cost of your Zaro Health Subscription but that a clinician declines to order. Nevertheless, if a clinician declines to order one or more of the tests that you requested, you may request a credit for the amount of the lab fees for such test(s). You must request the credit within seven (7) days of when the clinician's determination is first communicated to you or you will not be eligible for the credit.

ii. Add-On Lab Testing Payments. If you cancel an "Add-On" lab test within forty-eight (48) hours of the purchase of the Add-On, and you have not received lab testing services in connection with the Add-On, you will receive a full refund of the amount you paid for the Add-On. After forty-eight (48) hours from your purchase of an Add-On have passed or after you receive lab testing services in connection with the Add-On, whichever comes first, your payment for that Add-On will no longer be eligible for a refund.

iii. Refund Processing Time. Any refunds issued under this policy will be refunded back to your then-current payment method listed in your Zaro Health account. Refunds may take up to thirty (30) days to process.

iv. Refund and Account Credit Policy Changes. We reserve the right to modify or update this refund and account credit policy at any time, for any reason, with or without prior notice.

v. Additional Credit Terms. Credits may only be applied to purchases for Add-Ons and must be used within one (1) year of the date the credit is issued to your Zaro Health account. If you do not use your credit(s) within one (1) year of the date the credit(s) is/are issued, the credit(s) will expire. Credits have no cash value, cannot be reloaded, resold, transferred for value, traded or sold on secondary markets, redeemed for cash, or applied to any other account or membership subscription, except to the extent required by law.

vi. Contact Us. If you have any questions about our refund and account credit policy or need assistance with a refund or credit request, please contact Zaro Health Billing at billing@zarohealth.com.

vii. Non-Refundable Order and Payment Processing Fees. Upon placement of any order for laboratory testing services, Zaro Health incurs (a) a fixed order initiation fee and (b) a payment processing fee consisting of a percentage of the total order amount plus a flat per-transaction fee, each charged by third-party service providers. These fees are assessed at the moment of purchase and are non-refundable under any circumstances, including cancellations that would otherwise qualify for a full or partial refund under this policy. Any refund issued by Zaro Health will represent the eligible portion of your payment after deduction of these non-refundable fees.

f. Free Trials and Other Offers. Zaro Health may offer additional promotions or discounts related to Subscriptions from time to time. Unless specified in writing, all discount offers that require a payment are non-refundable. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. YOU MAY BE REQUIRED TO HAVE A VALID PAYMENT METHOD ON FILE AND ACCEPT THE TERMS OF AN AUTOMATICALLY RENEWING PAID SUBSCRIPTION IN ORDER TO INITIATE A FREE TRIAL OR PROMOTIONAL MEMBERSHIP; IF YOU DO NOT CANCEL BEFORE YOUR FREE TRIAL OR PROMOTIONAL MEMBERSHIP PERIOD ENDS, YOUR ACCOUNT WILL BE CONVERTED TO A PAID SUBSCRIPTION AND WILL BE CHARGED IN ACCORDANCE WITH THESE SUBSCRIPTION TERMS.

16. You Agree to Indemnify Zaro Health, Limit Our Liability, and Refrain from Injunctive Measures.

a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE ZARO HEALTH PARTIES (AS DEFINED BELOW) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, RELIANCE OR SPECIAL DAMAGES -- OR FOR ANY LOSSES ARISING THEREFROM AND/OR RELATING THERETO -- IRRESPECTIVE OF (i) THE NATURE AND THEORY OF LIABILITY, (ii) THE FORESEEABILITY OF HARM OR DAMAGES, (iii) WHETHER ZARO HEALTH WAS ADVISED AS TO THE POSSIBILITY OF HARM OR DAMAGES, (iv) WHETHER THERE WAS AN ACQUISITION OF SUBSTITUTE GOODS AND/OR SERVICES, AND (v) WHETHER A REMEDY FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT, IF YOU ARE NOT FULLY SATISFIED WITH OUR SERVICES OR ANY PORTION THEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF AN ZARO HEALTH PARTY IN CONNECTION WITH ZARO HEALTH'S SERVICES, PRODUCTS, AND/OR THESE TERMS SHALL BE THE GREATER OF (i) $100.00 U.S.D. OR (ii) AMOUNTS ACTUALLY PAID BY YOU FOR THE RECEIPT OF THE SUBJECT SERVICES AND/OR PRODUCTS IN THE PAST SIX (6) MONTHS. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY MATTERS ARISING OUT OF AND/OR RELATING TO THE RECKLESSNESS AND/OR INTENTIONAL MISCONDUCT OF AN ZARO HEALTH PARTY. FURTHERMORE, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO MATTERS ALLEGING A BODILY INJURY OR DEATH DIRECTLY AND PROXIMATELY CAUSED BY THE ACTIONS AND/OR OMISSIONS OF AN ZARO HEALTH PARTY. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ZARO HEALTH AND YOU.

b. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE: (i) YOU SHALL NOT, DIRECTLY OR INDIRECTLY, MAKE ANY EFFORT TO ENJOIN ZARO HEALTH OR OTHERWISE RESTRAIN US FROM PROVIDING SERVICES; (ii) YOU ARE NOT ENTITLED TO ANY INJUNCTIVE OR EQUITABLE RELIEF IN CONNECTION WITH THESE SERVICES.

c. To the maximum extent allowable by applicable laws, you hereby release and hold harmless the Zaro Health Parties from and against any and all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, personal injury, property damage, negligence and/or any other legal theory arising from or in connection with the Services and/or the rights and privileges granted or conveyed by you under this Agreement. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "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 SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY." IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.

d. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD ZARO HEALTH AND OUR AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, SERVICE PROVIDERS, LICENSORS, AND AGENTS (COLLECTIVELY, THE "ZARO HEALTH PARTIES") HARMLESS IN CONNECTION WITH ANY THIRD-PARTY CLAIM -- AND ALL RELATED LOSSES -- ARISING OUT OF AND/OR RELATING TO YOUR USE OF OUR SERVICES AND/OR PRODUCTS AND/OR YOUR ACTS AND/OR OMISSIONS IN CONNECTION THEREWITH, EXCEPT WITH RESPECT TO ACTS AND/OR OMISSIONS THAT RESULTED FROM ZARO HEALTH'S SOLE NEGLIGENCE, RECKLESSNESS, KNOWING INTENT, OR STRICT LIABILITY. THIS INDEMNIFICATION PROVISION EMBRACES, WITHOUT LIMITATION: (i) YOUR USE AND/OR MISUSE OF OUR SERVICES, OUR PRODUCTS, AND/OR ANY THIRD-PARTY SERVICES OTHER OFFERINGS ARISING OUT OF AND/OR RELATING TO OUR SERVICES AND/OR PRODUCTS; (ii) ANY ACTS AND/OR OMISSIONS TAKEN AS A RESULT OF YOUR RECEIPT OF LAB RESULTS AND/OR EH CONTENT; (iii) ANY THIRD-PARTY OPINION, RECOMMENDATION, COURSE OF TREATMENT, PLAN, AND/OR ITEM OF ADVICE THAT CONCERNS OR ARISES OUT OF THE USE OF OUR SERVICES; (iv) ANY USAGE, DISCLOSURE, DECISION, ACT, AND/OR OMISSION ARISING OUT OF, RELATING TO, AND/OR RESULTING FROM LAB RESULTS AND/OR EH CONTENT; (v) ANY INFORMATION AND/OR DATA YOU PROVIDE TO US AND/OR ONE OR MORE OF OUR AFFILIATES, LICENSORS, AND THIRD-PARTY SERVICES PROVIDER, INCLUDING WITHOUT LIMITATION ANY USER CONTENT AND SELF-REPORTED PERSONAL INFORMATION; (vi) YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY AND/OR SECURITY OF YOUR PASSWORD, ACCOUNT INFORMATION, OR PERSONAL INFORMATION; (vii) YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS; AND (viii) YOUR VIOLATION OF ONE OR MORE TERMS, INCLUDING WITHOUT LIMITATION ANY BREACH OF REPRESENTATION, WARRANTY, OR COVENANT SPECIFIED IN THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT THE ZARO HEALTH PARTIES RESERVE THE EXCLUSIVE RIGHT TO CONTROL THE DEFENSE, SETTLEMENT, AND SELECTION OF COUNSEL IN CONNECTION WITH ANY CLAIM FOR WHICH YOU ARE BOUND TO PROVIDE INDEMNIFICATION, AT YOUR COST AND EXPENSE. ZARO HEALTH WILL MAKE A GOOD-FAITH EFFORT TO NOTIFY IF WE LEARN OF ANY CIRCUMSTANCES THAT GIVE RISE TO THE INDEMNIFICATION OBLIGATIONS HEREIN SPECIFIED.

17. In Order to Use Our Services, You Accept the Following Waivers and Disclaimers.

CERTAIN JURISDICTIONS MAY LIMIT OR FORBID CERTAIN OF THE EXCLUSIONS, LIMITATIONS, WAIVERS AND/OR DISCLAIMERS APPEARING THROUGHOUT THIS AGREEMENT. ACCORDINGLY, IT IS POSSIBLE THAT THE FOLLOWING MAY NOT APPLY TO YOU IN ITS ENTIRETY. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, YOU HEREBY AGREE TO ALL OF THE FOLLOWING DISCLAIMERS AND WAIVERS, IN THEIR ENTIRETY:

a. THE ZARO HEALTH PARTIES DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO ANY SERVICES OR PRODUCTS, OR ANY ASPECT THEREOF THAT IS NOT EXPRESSLY STATED IN THESE TERMS. ALL SERVICES AND PRODUCTS AND ASPECTS AND FEATURES THEREOF ARE PROVIDED "AS IS," "WITH ALL FAULTS", AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ZARO HEALTH MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) ANY CONTENT PROVIDED THROUGH THE SERVICE IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

b. WITH RESPECT TO ANY "FORWARD-LOOKING STATEMENTS," ZARO HEALTH DISCLAIMS ALL DUTIES, DEBTS, OBLIGATIONS, AND LIABILITIES.

c. THOUGH CERTAIN ASPECTS OF THE EH CONTENT, LAB RESULTS, AND OTHER THIRD-PARTY MATERIALS AND SERVICES FACILITATED THROUGH ZARO HEALTH MAY BE PROVIDED BY HEALTHCARE PROFESSIONALS, NEITHER ZARO HEALTH NOR OUR AFFILIATES OFFERS YOU MEDICAL ADVICE, OPINION, GUIDANCE, DIAGNOSIS, TREATMENT, OR CARE, OR ANY OTHER MEDICAL SERVICES, IN THE COURSE OF PROVIDING SERVICES OR OTHERWISE. ZARO HEALTH DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE BY MEDICAL PROVIDERS OR THE PROVISION OF LABORATORY SERVICES BY LABORATORIES, EACH OF WHOM IS SOLELY RESPONSIBLE FOR THE MEDICAL CARE, LABORATORY SERVICES AND TREATMENT PROVIDED TO YOU.

d. NEITHER ZARO HEALTH NOR OUR AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY, QUALITY, EFFICACY, ACCURACY, RELIABILITY, UP-TO-DATENESS, USEFULNESS, TIMELINESS, SAFETY, OR RESULTS OF ANY OF OUR SERVICES. YOU AGREE THAT NEITHER ZARO HEALTH NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY LOSSES ARISING OUT OF AND/OR RELATING TO YOUR RELIANCE ON ANY LAB RESULTS, EH CONTENT AND/OR ANY OTHER DATA AND/OR INFORMATION ARISING OUT OF AND/OR RELATING TO OUR SERVICES THAT CONTAINS AN OMISSION, MISTAKE, OR ERROR.

e. NEITHER ZARO HEALTH NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT THE EH CONTENT OR ANY LAB RESULTS WILL BE COMPLETE, ACCURATE, USEFUL, PRECISE, UP-TO-DATE, AVAILABLE, RELIABLE, OR OF A CERTAIN STANDARD OR QUALITY. YOU AGREE THAT ZARO HEALTH SHALL NOT BE LIABLE FOR THE UNAVAILABILITY OF OUR SERVICES OR ANY ASPECT THEREOF.

f. ZARO HEALTH USES CERTAIN SAFEGUARDS TO REASONABLY PROTECT THE SECURITY AND INTEGRITY OF YOUR PERSONAL INFORMATION. NONETHELESS, YOU ACKNOWLEDGE AND ACCEPT THAT ZARO HEALTH CANNOT GUARANTEE OR PROMISE THAT (i) SUCH INFORMATION WILL BE 100% SAFE FROM UNAUTHORIZED ACCESS AND/OR USE; (ii) OUR TECHNOLOGIES, CONTENT, AND MATERIALS WILL REMAIN FREE OF HARMFUL OR DESTRUCTIVE COMPONENTS; (iii) OUR SERVICES WILL NOT BE IMPACTED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK; OR (iv) OUR COLLECTION, RECEIPT, STORAGE, AND TRANSMISSION OF SUCH INFORMATION WILL REMAIN UNINTERRUPTED OR COMPLETELY SECURE. ZARO HEALTH AND OUR AFFILIATES ACCORDINGLY DISCLAIM ALL LIABILITY ARISING OUT OF AND/OR RELATING TO THE SECURITY, INTEGRITY, AND/OR UNAUTHORIZED ACCESS OR USE OF YOUR DATA AND INFORMATION (INCLUDING WITHOUT LIMITATION YOUR PERSONAL INFORMATION), EXCEPT TO THE EXTENT IT RESULTS FROM THE RECKLESSNESS AND/OR INTENTIONAL MISCONDUCT OF ZARO HEALTH AND/OR ONE OR MORE OF OUR AFFILIATES.

g. NEITHER ZARO HEALTH NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT OUR SERVICES HAVE FUNCTIONED OR WARRANT THAT THEY WILL FUNCTION IN A MANNER THAT IS ERROR-FREE AND UNINTERRUPTED. NEITHER ZARO HEALTH NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT WE WILL ADDRESS ANY MALFUNCTIONS OR DEFECTS, PRESERVE ANY EH CONTENT, LAB RESULTS, OR OTHER DOCUMENTS AND/OR INFORMATION, REVIEW ANY PRODUCTS OR SERVICES, OR CONDUCT ANY UPDATES OR IMPROVEMENTS.

18. Choice of Law and Jurisdiction

a. Choice of Law. Any Claim arising out of or relating to an Zaro Health Party, our Services, our Products, a transaction in connection with one or more Products and/or Services, one or more third-party Offerings arising out of and/or relating to our Services and/or Products, and/or the Terms will be construed and governed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles, except to the extent that Delaware law is preempted by or inconsistent with federal law.

b. Venue and Jurisdiction. Except to the extent that a dispute is arbitrated or brought in small claims court pursuant to Section 19 below, the parties agree that all disputes must be litigated in the state or federal courts of the State of Delaware. You and Zaro Health each waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens.

c. U.S. Jurisdiction; Foreign Access. Zaro Health and its properties are located in and operated from the United States. Our Services are intended only for use by persons located in the United States. Zaro Health does not intend to be subject to any non-U.S. law or jurisdiction, under any circumstances, and you agree that you shall not pursue any claims, disputes, or controversies against Zaro Health insofar as they are subject Zaro Health to non-U.S. law or jurisdiction. Moreover, you acknowledge and agree that Zaro Health makes no representation or warranty that our Services are accessible, legally permitted, and/or appropriate for consumption in any countries or jurisdictions outside of the United States.

19. Dispute Resolution By Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a. Agreement to Arbitrate. This Section 19 is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disagreements, controversies, disputes, or claims that have arisen or may arise between you and Zaro Health, whether arising out of or relating in any way to these Terms (including any alleged breach thereof), the Service, the Site, the Mobile App, any advertising or communications you receive, or any aspect of the relationship or transactions between us (each a "Dispute"), shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that (i) you and Zaro Health may assert individual claims in small claims court, if such claims qualify and remain in small claims court; and (ii) you or Zaro Health may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

b. Waiver of Jury Trial. YOU AND ZARO HEALTH HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Zaro Health are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection above entitled "Agreement to Arbitrate."

c. Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection are invalid or unenforceable as to a particular claim or request for relief, you and Zaro Health agree that that particular claim or request for relief shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware. All other Disputes shall be arbitrated or litigated in small claims court.

d. Informal Dispute Resolution. Zaro Health is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing Zaro Health's customer support at support@zarohealth.com. If such efforts prove unsuccessful, you and Zaro Health agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court ("Informal Dispute Resolution").

To initiate Informal Dispute Resolution, a party must give notice in writing to the other party ("Notice"). Such Notice to Zaro Health should be sent by email to legal@zarohealth.com or by regular mail to Zaro Health, Inc., Attention: Legal Dept., 5601 Eagleglen Pl, Lithia, FL 33547, USA ("Notice Address"). The Notice must include: (1) your name, telephone number, mailing address, and e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of the Dispute.

The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.

e. Rules and Forum. The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement. If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, you and Zaro Health agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the National Arbitration & Mediation ("NAM") in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the "NAM Comprehensive Rules") in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the "NAM Mass Filing Rules"; together with the NAM Comprehensive Rules, the "NAM Rules"), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "Demand"). The Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy; (4) a statement certifying completion of the Informal Dispute Resolution process; and (5) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to Zaro Health should be sent by email to legal@zarohealth.com or regular mail to Zaro Health, Inc., Attention: Legal Dept., 5601 Eagleglen Pl, Lithia, FL 33547, USA.

Unless you and Zaro Health otherwise agree, or the Batch Arbitration process discussed below is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in the State of Delaware, or, at your election, the county where you reside.

f. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from NAM's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules.

g. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

h. Attorneys' Fees and Costs. The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

i. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Zaro Health agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Zaro Health by or with the assistance of the same law firm, group of law firms, or organizations ("Claimants' Counsel"), within a reasonably proximate period of time, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch; (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any), and one final award ("Batch Arbitration").

j. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Zaro Health, Inc., Attention: Legal Dept., 5601 Eagleglen Pl, Lithia, FL 33547, USA or legal@zarohealth.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.

k. Invalidity, Expiration. Except as provided in the subsection entitled "Waiver of Class or Other Non-Individualized Relief" above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.

l. Future Changes to Arbitration Agreement. You and we agree that Zaro Health retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted at https://www.zarohealth.com/terms-of-service and you should check for updates regularly. Your continued use of the Site and/or Service, including the acceptance of products and services offered on the Site or Mobile App, following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes.

20. Miscellaneous

a. Except as expressly permitted otherwise in writing by Zaro Health, you may not assign, delegate, sell, or transfer any of your rights or obligations under these Terms. Any purported assignment or delegation in violation of this Section 20.a is null and void. Notwithstanding anything herein contrary, Zaro Health may freely assign, delegate, sell, and/or transfer our rights and obligations under these Terms, and any assets relating to, arising out of, and/or concerning these Terms, including without limitation circumstances of sale, merger, acquisition, reincorporation, consolidation, reorganization, or other change of control.

b. You acknowledge and agree that Zaro Health shall not hold any liability or responsibility for any Losses, or be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms that results from factors beyond the scope of our reasonable control. This includes without limitation, acts of God, weather, the slowdown or shutdown of carriers, transportation, and/or utilities, strikes and protests, border delays, health crises and/or pandemic illnesses, closures and/or lockdowns, acts of warfare and/or terrorism, and actions taken by government agencies.

c. If any of the Terms herein, or any portion(s) of any terms or conditions, are held unenforceable, the impact of that unenforceability will be construed as narrowly as possible to the extent permitted by applicable law and it does not invalidate or render unenforceable such term or provision in any other jurisdiction; moreover, the remainder of these Terms shall nevertheless remain in full force and effect to the extent legally permissible.

d. Any translation of these Terms, your Lab Results, and/or the EH Content is merely provided as a convenience. Any discrepancy or dispute involving a translated version of these Terms and the English version thereof shall be resolved in favor of the English version. Our headings and section titles in these Terms are provided strictly for your convenience; they have no binding or representative effect on either Party.

e. No waiver under these Terms is effective unless it is in writing, identified as a waiver to these Terms, and signed by an authorized representative of the Party waiving its right(s). These Terms may not be amended or modified unless specified in writing and bearing the consent of both Parties.

f. Insofar as these Terms include any errors or ambiguities related to spelling, grammar, or syntax, or any other clear errors or ambiguities, these errors and ambiguities shall be construed to reflect the intent of the Parties. The Parties agree that the Terms shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favoring or burdening any of the Parties by virtue of the authorship of any term or condition herein appearing.

g. All notices, requests, consents, claims, demands, waivers, and other communications from you to Zaro Health in connection with these Terms (each, a "Notice") shall be in writing and addressed to Zaro Health at the address on this website. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid) or certified or registered mail (in each case, return receipt requested, postage prepaid).

h. These Terms benefit solely the Parties and their permitted assigns and nothing in these Terms, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

i. These Terms, including without limitation the Privacy Policy, along with any further membership agreement and/or any other consent for Services to which you have consented, collectively, constitute the entire agreement between you and Zaro Health with respect to our Services and supersede all prior and/or contemporaneous agreements between you and Zaro Health, whether oral or written, arising out of and/or relating to our Services.

j. Under California Civil Code Section 1789.3, users of the Services who are California residents are entitled to the following, specific consumer rights information. The provider of the Services is:

Zaro Health, Inc.

Attention: Legal Department

5601 Eagleglen Pl, Lithia, FL 33547, USA

support@zarohealth.com

Registered Agent for Service of Process:

Legalinc Corporate Services Inc.

131 Continental Dr Suite 305

Newark, DE 19713, USA

If you should have any further questions, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

21. Digital Millennium Copyright Act (17 U.S.C. §512)

a. If you believe that your copyrighted work appears in connection with our Services and/or is accessible through our Services in a way that constitutes copyright infringement, please notify Zaro Health by providing us with the following information in writing to the address listed below: (1) the physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf; (2) a description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing; (3) identification of the URL or other specific location where the material or activity you claim to be infringing is located or is occurring; (4) your name, address, telephone number and, if you have one, your e-mail address; (5) a statement by you that you have a good faith belief that use in our Services of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and (6) a statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

Please send DMCA notices to: Zaro Health, Inc., Attention: Legal Dept., 5601 Eagleglen Pl, Lithia, FL 33547, USA or legal@zarohealth.com.

b. If you believe you are the subject of an improper infringement claim, please notify Zaro Health by providing us with the following information in writing to the address listed below: (1) the physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf; (2) a detailed description of the copyrighted work you claim has been subject to an improper infringement claim; (3) identification of the URL or other specific location from where the allegedly infringing material has been removed, modified, and/or deleted; (4) your name, address, telephone number and, if you have one, your e-mail address; (5) the following statement: "I hold a legitimate, good faith belief that the allegedly offending material, as herein described, has been subject to complaint, removed, or rendered inaccessible as the result of misidentification, misfeasance, malfeasance, and/or mistake. All of the factual information I have provided in connection with this document is true and correct. I consent to the jurisdiction of the District Court in the United States judicial district in which I live -- or, to the extent I reside outside the United States, in the District of Delaware -- and will accept service of process from the person or the agent of the person who sent the initial notice of infringement to Zaro Health, Inc. All attestations herein are given under penalty of perjury."

22. Referral Program Terms

If you are participating in the Zaro Health Referral Program ("Referral Program"), the following terms and conditions ("Referral Program Terms") apply to your participation in the Referral Program, in addition to all other provisions of these Terms and Zaro Health's Privacy Policy.

a. Modification or Termination of The Referral Program. The Referral Program is offered at the discretion of Zaro Health and we reserve the right to terminate, suspend, or modify the Referral Program and the Referral Program Terms, in whole or in part, at any time, for any reason. Any material modifications to the Referral Program or the Referral Program Terms will be communicated by email and/or the Site, and these Terms will be updated accordingly. Your continued participation in the Referral Program following the effective date of such modifications will be deemed your agreement and binding acceptance of such modifications.

b. Eligibility. The Referral Program is available to you if you have an active Account and you are not a licensed healthcare professional. If at any time your circumstances change in a way that impacts your eligibility (e.g., you become a licensed healthcare practitioner), then you must immediately notify us by sending an email to referrals@zarohealth.com. If we believe you are in breach of the foregoing eligibility requirements, we may reject, suspend, or terminate your participation in the Referral Program.

c. Referral Code. Each User participating in the Referral Program will be provided with a personal referral code ("Code") to share with each User's personal network for the purposes of generating referrals, subject to the following conditions.

(i) Your Code is personal to you and intended to be shared by you directly and personally with your personal network. You must not share your Code with any individual engaged in a commercial operation in connection with membership enrollment or using discount codes, or otherwise employ another individual to promote or circulate your Code.

(ii) You must at all times comply with the Federal Trade Commission's ("FTC's") Guides Concerning the Use of Endorsements and Testimonials in Advertising and the FTC's Endorsement Guides (collectively, the "FTC Guides") in connection with your participation in the Referral Program. To comply with the FTC Guides, you must disclose the fact that you may receive a referral fee from Zaro Health if the recipient uses your Code to sign up for an Zaro Health membership (e.g., "this is a paid referral") when sharing your Code.

(iii) You cannot use your Code to purchase membership for yourself or for another person.

(iv) You must not, directly or indirectly: (i) utilize any scripts, bots, automatic dialers, or other automated technologies to circulate your Code in mass distribution fashion; (ii) share or distribute your Code in a manner that violates the Telephone Consumer Protection Act ("TCPA"), CAN-SPAM Act, or any other applicable law; or (iii) take any actions intended to influence an individual's purchase of laboratory testing or healthcare service.

(v) You must not directly or indirectly post or otherwise promote your Code on any commercial media properties, including without limitation any commercial website and social media account that furnishes consumers with coupon codes and/or otherwise leverages referral traffic.

d. Compensation.

(i) Referral Fee. You will receive a referral fee (the "Referral Fee") for each Qualifying Referral (as defined below), in an amount determined by Zaro Health in its sole discretion and subject to the Referral Program Terms. "Qualifying Referral" is an individual who (i) opens a new Account (i.e., does not have and has not previously had an account for the Services) ("New Account") with at least a "Basic Membership" using your Code; and (ii) maintains such New Account active for at least sixty (60) days from the effective date of the New Account opening.

(ii) Tracking Qualifying Referrals. We will provide you with periodic updates via email regarding the number of Qualifying Referrals generated using your Code.

(iii) Remitting Referral Fee. We will pay you the Referral Fees due to you in accordance with the valid payment information provided by you. All federal, state, and local taxes associated with your receipt of the Referral Fees are your sole responsibility.

(iv) Limitations on Referral Fee. The Referral Fee is payable on a Qualifying Referral's first membership payment only, and not on any renewal and/or other purchases of Zaro Health's Services by a Qualifying Referral. Limit one Referral Fee per Qualifying Referral, regardless of the number of Accounts opened or services purchased by such individual. Enterprise Memberships do not qualify for any Referral Fee.

e. General Conditions.

(i) Our measurement of Qualifying Referrals will be the sole source of determining whether and to what extent you will receive any Referral Fees. To the fullest extent permitted by law, we retain the sole and final decisional authority regarding whether to issue a Referral Fee to you.

(ii) In the event your Account is suspended for any reason, you will not be entitled to any Referral Fees generated during the period of suspension. If your Account is terminated for cause, you will forfeit any unpaid Referral Fees.

f. License. Notwithstanding any provision to the contrary in these Terms, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the term of your participation in the Referral Program, to use Zaro Health's name, logo, and slogan provided by us, strictly for use in connection with sharing your Code for purposes of generating referrals in compliance with the Referral Program Terms, and in each instance, subject to our branding and use guidelines. All rights not specifically granted to you under the Referral Program Terms are reserved by Zaro Health.

g. Warranties, Requirements, and Covenants. You represent, warrant, and covenant as follows:

(i) You are not a practicing health care professional.

(ii) You will neither seek nor accept compensation arising from or relating to an individual signing-up for and/or paying for third-party laboratory services, medical services, or any other healthcare items or services.

(iii) You will comply with all applicable laws, regulations, and guidance in connection with your participation in the Referral Program, including without limitation, the FTC Guides, Eliminating Kickbacks in Recovery Act, the CAN‐SPAM Act, TCPA, state kickback laws, and all applicable advertising and marketing, consumer protection, and privacy laws.

(iv) You will not, directly or indirectly, solicit, encourage, aid, incite, or engage in any fraudulent, deceptive, or unlawful acts in connection with your participation in the Referral Program.

We reserve the right to verify your eligibility to participate in the Referral Program or to receive Referral Fees hereunder, and your compliance with the Referral Program Terms. Zaro Health may terminate or suspend your participation in the Referral Program in the event Zaro Health determines that you are in breach of the above representations, warranties, and covenants, as determined by Zaro Health in its sole discretion.

h. ZARO HEALTH DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS OR WARRANTIES AND EXCLUSIONS SET FORTH ELSEWHERE IN THESE TERMS, ZARO HEALTH MAKES NO WARRANTY OF ANY KIND REGARDING THE REFERRAL PROGRAM AND ANY AMOUNT OF REFERRAL FEES YOU MAY EARN THROUGH YOUR PARTICIPATION IN THE REFERRAL PROGRAM. FURTHER, ZARO HEALTH IS NOT RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE REFERRAL PROGRAM, INCLUDING WITHOUT LIMITATION, THAT THE REFERRAL PROGRAM WILL BE ERROR-FREE, OR AS TO THE ACCURACY, COMPLETENESS, FUNCTIONALITY, AND/OR TIMELINESS OF YOUR CODE, TABULATION OF THE QUALIFYING REFERRALS, AND/OR CALCULATION OR PAYMENT OF THE REFERRAL FEES. THE LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THESE TERMS ALSO APPLY TO YOUR PARTICIPATION IN THE REFERRAL PROGRAM.

Thank you for reading. Please contact us at support@zarohealth.com if you have any questions, comments, concerns, or feedback.