Cix Health Terms & Conditions

By continuing to use the Services, You agree as follows:

• Any information that We collect through Your use of the Services is subject to the Cix Health Privacy Policy, which is part of these Terms of Use.
• Your data may be shared with Third-Party Service Providers as necessary in accordance with applicable federal consumer protection laws and data protection, privacy and sector-specific regulations.
• You are at least 18 years old or have been legally emancipated.
• You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract.
• If You create a profile for a third party for whom you are not the parent or legal guardian, You represent and warrant that you have permission from such person to input and share their Personal Data within the App and with other third parties.
• You will use the Services in a manner consistent with applicable laws and regulations and these Terms of Use, as they may be amended by Cix Health from time to time.
• You understand, accept, and have received these Terms, and acknowledge and demonstrate that You can access these Terms at will HERE.

IF YOU DO NOT AGREE WITH AND ACCEPT THESE TERMS, DO NOT LOG INTO THE APP AND IMMEDIATELY DELETE ALL FILES, IF ANY, ASSOCIATED WITH THE ACCOMPANYING SERVICES AND MATERIALS FROM YOUR COMPUTER OR MOBILE DEVICE.

Terms of Use

VERSION VALID AS OF JULY 2019. Thank You for choosing Cix Health to help You manage You and/or someone else's health! Please note, these Terms of Use (the "Terms") constitute a binding agreement between You ("You" or "Your") and Cix Health, LLC ("Cix Health", "We", "Us", "Our"). These Terms govern Your use of the Cix Health website, located at https://cixhealth.com/ (the "Website"), and/or the Cix Health application (the "Application" or "App") and the services available through the Website and App (collectively, the "Services"). By using or continuing to use the Services, You indicate that You have read, understand, and agree to these Terms and the Cix Health Privacy Policy. All capitalized terms not defined in these Terms are defined in the Privacy Policy.

IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.

Section 1 — What is Cix Health?

The Cix Health Services allow You to track and manage Your and/or someone else's health by creating individual, personal health profiles where You can upload and store health data, forms, and prescriptions, coordinate with caregivers, family members, and treatment providers, and set reminders for appointments and medications (the "Cix Health Services"). You may access and use the Cix Health Services only in accordance with these Terms, and You agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as the Cix Health Privacy Policy.

Cix Health partners with third-party service providers to enable and power the Cix Health Services. Third-Party Service Providers may have access to, process, or store certain data as necessary to perform their functions in compliance with applicable laws and agreements.

By using the Cix app, You agree and consent to the sharing of your data which may include as necessary Your Protected Health Information ("PHI") that you provide in the app with authorized Third-Party Service Providers only as necessary to perform their functions in compliance with applicable federal consumer protection laws and privacy regulations.

Cix partners with Third-Party Service Provider Handl Health, Inc. ("Handl") to offer a provider directory search and cost estimation capability for appointments and services or procedures which allows You to find the care you need and understand the estimated cost.

Section 2 — Who Is Eligible to Use the Services?

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

• That You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law.
• Your registration data is true, accurate, current, and complete.
• You will update Your registration data as needed to maintain its accuracy.
• You are authorized to create an account (either for Yourself or another person).
• By using the Services, You represent and warrant that You have legal authority to share Your health data and other Personal Information with Cix Health. In addition, if You create a profile for a third party for whom you are not the parent or legal guardian, You represent and warrant that you have permission from such person to input and share their Personal Data within the App and with other third parties. Our use of the information You provide to Cix Health via the Services is subject to the Privacy Policy in effect at the time we use it.
• You are not located in a country that is subject to a U.S. Government embargo or that is designated by the U.S. Government as a "terrorist supporting" country, and You are not listed on any U.S. Government list of prohibited or restricted parties.

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

Section 3 — How Will Cix Health Tell Me If They Change These Terms?

With the exception of the Arbitration Agreement included at the end of these Terms, Cix Health reserves the right to change or modify these Terms at any time without prior notice to You. If we materially change or modify these Terms, we will let You know by (1) posting a new version to the Services; and/or (2) posting a change notice on our Website and/or Application.

If You continue to use the Services after we have let You know that we have made changes, You agree to be bound by the modified Terms. If You do not accept the changes, You should immediately stop using the Services and delete all files associated with the Services on Your computer and/or mobile device.

Section 4 — Who Owns the Cix Health Services?

Cix Health owns the Services and all materials You access through the App or Website. Subject to Your compliance with these Terms, Cix Health grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services through the Website or by downloading and installing the Application. THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.

You own Your Personal Data and any other content You post on or through the Services. For us to provide You with the Services, You grant to Cix Health a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use Your content for the purpose of providing the Services. You also agree to allow Cix Health to de-identify and anonymize Your content, including without limitation, Your personal health information in accordance with the Privacy Policy.

Section 5 — What Am I Not Allowed to Do With the Services?

While using the Website, App, or Services, You shall not:

• Provide false, misleading or inaccurate information to Cix Health or any other user.
• Impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity.
• Use or attempt to use any engine, software, tool, agent, or other device or mechanism to harvest or otherwise collect information from the Website for any use.
• Access content or data not intended for You, or log onto a server or account that You are not authorized to access.
• Violate any applicable law or regulation.
• Attempt to probe, scan, or test the vulnerability of the Services or breach security or authentication measures without proper authorization.
• Interfere or attempt to interfere with the use of the Website, the App or the Services by any other user, host or network.
• Post or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," or "chain letters."
• Avoid, bypass, remove, deactivate, impair, or otherwise circumvent any technological measure implemented to protect the Services.
• Attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce to a human-perceivable form any of the source code used by Cix Health.
• Encourage or enable any other individual to do any of the above.

Section 6 — Who Protects My Login Information?

You will choose a username and password when you register for the Application. You are responsible for maintaining the confidentiality of Your password. You may not use the account, username, or password of any other user at any time. You agree to notify Cix Health immediately of any unauthorized use of Your account, username, and/or password. CIX HEALTH WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

Section 7 — How Does Cix Health Protect My Privacy?

Protecting Your privacy is very important to Us. Please review the Cix Health Privacy Policy, which is hereby incorporated into these Terms by reference and is part of this Agreement.

Section 10 — Computer Equipment and Internet Access

You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, "Systems") necessary for You to access and use the Services. This includes, without limitation, obtaining internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software.

THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.

Section 11 — How Do I Opt-Out of Receiving Emails From Cix Health?

In providing the Services, You may receive periodic email communications regarding the Services, new product offers and information regarding the Services, which are part of the Services and which You cannot opt out of receiving. You may also receive periodic promotions and other offers or materials Cix Health believes might be of interest to You. You can opt-out of receiving these promotional messages at any time by following the unsubscribe instructions contained in each newsletter.

Section 12 — Links to Outside Third-Party Websites & Services

The Services may contain links to third-party websites or services that we do not own or control ("Third-Party Websites"). Cix Health does not have control over, and we assume no responsibility for, the content and performance of Third-Party Websites. ACCORDINGLY, CIX HEALTH DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION, MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES.

Section 13 — Your Representations and Warranties

You represent and warrant that Your use of the Services will be in accordance with these Terms and all applicable laws, regulations, rules, and Cix Health policies and procedures. Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA (WHETHER YOURS OR SOMEONE ELSE'S) WITH CIX HEALTH.

Section 14 — Warranty Disclaimers & Limitation of Liability

NO WARRANTIES

THE WEBSITE, APP, AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CIX HEALTH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

YOUR RESPONSIBILITY FOR OUR LOSS OR DAMAGE

YOU AGREE THAT YOUR USE OF THE WEBSITE, APP, AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD CIX HEALTH OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES.

LIMITATION OF LIABILITY

NEITHER CIX HEALTH, NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR MATERIALS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES. IF YOU ARE NOT SATISFIED WITH THE WEBSITE, APP, OR SERVICES, YOU SHOULD DISCONTINUE USING THEM — THIS IS YOUR ONLY REMEDY. CIX HEALTH'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00. YOU MUST BRING ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES OR MATERIALS WITHIN ONE (1) YEAR OF THE EVENT FROM WHICH THE CLAIM AROSE.

Section 15 — Indemnification

You agree to indemnify, defend and hold harmless Cix Health, its clients, and its suppliers and their respective affiliates, employees, officers, directors, agents, servants and representatives from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) arising out of or in any way connected with Your access to or use of the Website, App, or Services, Your violation of this Agreement, or any negligent or wrongful conduct by You or related to Your account.

Section 16 — Governing Law

These Terms are governed by the laws of the state of Delaware without regard to its conflict of laws principles. The courts of the State of Delaware have jurisdiction over any action arising under these Terms or Your use of the Services.

Section 17 — How and When Can My Account Be Terminated?

If You breach any of these Terms, we may suspend or disable Your account or terminate Your access to the Website, App, or Services without prior notice to You. If You wish to terminate Your account, please contact Cix Health at support@cixhealth.com to immediately discontinue Your use of the Services.

Section 18 — How Do I Provide Feedback and Who Owns It?

We welcome and encourage You to provide us with feedback, comments, and suggestions for improvements to the Website, App, or Services ("Feedback"). You may submit Feedback by emailing us at info@cixhealth.com. If You submit any Feedback to us, we will own all intellectual property rights in such Feedback and may use such Feedback for any lawful purpose.

Section 19 — Notices

All notices required or permitted to be given under these Terms must be in writing. Cix Health shall give any notice by email sent to the most recent email address You have provided. You shall give any notice to Cix Health by means of: (1) U.S. mail, postage prepaid, to Cix Health, LLC, 11325 Random Hills Road, Suite 360, Fairfax, Virginia 22030; or (2) email to info@cixhealth.com.

Section 20 — General Contract Language

If any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding and enforceable. Nothing in these Terms creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.

Section 22 — Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Most user concerns can be resolved quickly and to Your satisfaction by emailing Cix Health support at support@cixhealth.com. In the unlikely event that our support team is unable to resolve a complaint You may have, You and Cix Health agree to resolve the dispute through binding arbitration in the Commonwealth of Virginia before a single arbitrator, in accordance with the rules and procedures of the American Arbitration Association and governed by the laws of the State of Delaware.

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. Any arbitration will be strictly confidential.

Section 23 — How Do I Contact Cix Health?