Patient User Program Terms of Use

Effective: January 2023

These Patient User Terms of Use (“Patient User Terms of Use” or “Terms”) define the relationship between you (“You/Your” or “User”) and EyeCBetter Corp. (“Us” or “We” or “Our” or “ECB” or “EyeCBetter”). EyeCBetter is the creator of the EyeCBetter application (the “App”) and the EyeCBetter website (the “Platform”) and provides access to remote patient monitoring through remote therapeutic monitoring (“RTM”); remote physiological monitoring (“RPM”) and principal care management (“PCM”)services. EyeCBetter’s App, Platform, RTM, RPM, and PCM services, including all relevant content and functionality associated with the App, Platform, and RPM services, are collectively known as the “Services”. These Terms govern Your use of the Services and apply to individuals accessing the Services. By accepting these Terms and using the Services, you acknowledge that You have read, understand, and agree to these Terms and Our Patient User Privacy Policy.

WHAT ARE THE SERVICES?

Overview of Services.

The App, Platform, and any associated devices are intended to provide a convenient platform for Patient Users to use to collect and transmit their healthcare data to their healthcare providers through the eyecbetter application and platform. The Services are not intended to be used to identify emergencies.

You may access and use the Services only in accordance with these Terms, and You agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as Our Patient User Privacy Policy.

WHAT DOES EYECBETTER NOT PROVIDE

We DO NOT provide medical advice.

By accepting these Terms, you agree and acknowledge that We do not provide clinical, and or, laboratory, services. Our role is limited to supporting and facilitating Your access to these products and services via Our Platform and App.

You agree and acknowledge that EyeCBetter is in no way providing diagnosis or treatment to you. You further acknowledge and agree that the information, processes, products, and other items referenced a part of the services are not intended as a recommendation or endorsement of any course of action. We explicitly disclaim the creation of a provider-patient relationship with you.

The services cannot and are not designed or intended to replace the relationship between health care professionals and patients to address serious, emergent, or life-threatening medical conditions.

If at any time You are concerned about Your care or treatment, or You believe or suspect or someone else advises You that You have a serious or life-threatening condition, dial 9-1-1, or go to the nearest emergency room.

Any medical advice provided by a provider and/or clinician using information from the Services is based on the personal health data You provide. If You do not provide complete and accurate personal health information, the medical advice You receive may not be accurate or appropriate. Questions and information collected through the Services are designed for informational and/or research purposes and to identify potential patterns in symptomologies and treatments. The Services and/or any data derived from the Services are in no way intended to replace the independent clinical judgment of a qualified healthcare professional.

We do not confirm the credentials of any healthcare professional using the Services. We do not validate that any such persons are in good standing with their respective licensure board(s) or that they are using the Services in accordance with laws applicable to the practice of medicine. It is YOUR responsibility to separately confirm that a healthcare provider is in good standing with his or her respective licensing board(s) and to exercise whatever other due diligence You feel is appropriate in selecting and maintaining Your choice of healthcare professionals.

General information available through the Services about medical conditions, symptomology, available drugs, treatment options, and other educational articles and videos is provided for general educational purposes only. Never disregard, avoid, or delay obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the Services. If You have or suspect that You have an urgent medical problem or condition, please contact a qualified healthcare professional immediately.

WHO IS ELIGIBLE TO USE THE SERVICES?

Only patients prescribed/ordered/referred into the program by an ordering provider are eligible to use the services. You must register to create an account (“User Account”) and become a registered user to access the Services. The registration process begins when Your provider refers you into the program, for the services being provided. Your demographic information (e.g., name, email address, contact information) resides in the Platform. The app is designed to not collect identifiable information. For you to enable use of the application you must meet the inclusion criteria and meet with a care coordinator. You will receive a unique user and password that will enable you to utilize the services.

You agree not to register for a User Account on behalf of an individual other than Yourself unless You are legally authorized to bind such person to these Terms. By registering another person, you hereby represent that You are legally authorized to do so.

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

You are at least 18 years old and are otherwise legally qualified to enter 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 a User Account (either for Yourself or another person);

You acknowledge and agree to the terms of the Patient User Privacy Policy;

You are legally authorized to view and share with Us health data and other Personal Data (as that term is defined in the Patient User Privacy Policy); and 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. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.


WHO OWNS THE SERVICES AND PERSONAL DATA?

Services Ownership and Use.

EyeCBetter owns the Services, including all content and functionality You access through the Services. Subject to Your compliance with these Terms, EyeCBetter grants You a non-exclusive, non- sublicensable, revocable, non-transferable license to use the Services by downloading and installing the App on Your computer or mobile device.

THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE SERVICES. You may not use the Services for any other purpose than what is allowed under these Terms without EyeCBetter’s express written permission.

You may not use EyeCBetter’s name, trademarks, service marks, or logos, or those of third parties appearing on the Services in any advertising or publicity or to otherwise indicate EyeCBetter’s or such third party’s sponsorship or affiliation with any product or service without express written permission from EyeCBetter or such third party.


Personal Data Ownership and Use.

You own Your Personal Data and any other information You submit on or through the Services (collectively, “Patient Information”). If You are entering someone else’s information into the Services, you represent and warrant that You have permission to do so. For Us to provide You with the Services, you grant to EyeCBetter a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use Your Patient Information for the purpose of providing the Services, subject to the restrictions in the Patient User Privacy Policy. You also agree to allow EyeCBetter to de-identify and anonymize Your Patient Information, including, without limitation, your personal health information in accordance with Our Patient User Privacy Policy, and to use or disclose such de-identified information for any purpose.

App Store & Google Play.

If You downloaded the App from the Apple App Store or Google Play (the “App Provider”), by agreeing to these Terms, you acknowledge that You understand and agree to the following:

The Terms are only between You and EyeCBetter, and not between You and the App Provider. Only EyeCBetter is responsible for the App (not the App Provider);

The App Provider has no obligation to furnish any maintenance or support services with respect to the App;

In the event of any failure of the App to conform to any applicable warranty: (i) You may notify the App Provider and the App Provider will refund the purchase price for the App to You (if applicable); (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Our responsibility;

The App Provider is not responsible for addressing any claims You have or any claims of any third party relating to the App or Your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;

In the event of any third-party claim that the App or Your possession and use of the App infringes that third party’s intellectual property rights, the App Provider will not be responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim; and

The App Provider, and its subsidiaries, are third party beneficiaries of this Agreement as it relates to Your license of the App. This means that, upon Your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to Your license of the App against You.

Apple users only: If You downloaded the App from the App Store, the license granted to You in these Terms is non-transferable and is for use of the App on any Apple products that You own or control.

HOW WILL EYECBETTER NOTIFY YOU OF CHANGES TO THESE TERMS?

EyeCBetter 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 of the Terms to the App; and/or (2) posting a change notice on our Platform and/or App.

If You continue to use the Services after we have informed You of the 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.

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