<p style="text-align:center;">
  <strong>PRESAGE TECHNOLOGIES, INC</strong>
</p>
<p style="text-align:center;">
  <strong>TERMS OF SERVICE</strong>
</p>
<p>Thanks for downloading our Software Development Kit (SDK). Please read these terms carefully so that you understand them.&nbsp;&nbsp;</p>
<p>The Presage SDK is designed to provide our customers with a means to collect wellness information for informational, evaluative, and entertainment purposes only. THE SDK IS NOT INTENDED TO AND DOES NOT DIAGNOSE, PREVENT OR TREAT ANY DISEASE OR MAKE ANY CLAIMS OR CONCLUSIONS REGARDING ANY DISEASE, MEDICAL STATE OR MEDICAL CONDITION.<strong>&nbsp;
  </strong>THE INFORMATION IS INTENDED FOR INFORMATIONAL PURPOSES ONLY.</p>
<p>By accessing or using our App you agree to be bound by these terms and conditions ("Terms of Service") with
  <strong>PRESAGE TECHNOLOGIES, INC
  </strong>("Presage "we," or "us"). You represent that you have the authority to agree to these Terms of Service and are at least 18 years old and of sufficient age in your jurisdiction to enter into this agreement. If you do not agree with these Terms of Service, you cannot access or use our SDK. You further agree to implement these Terms of Service into any derivative App you create that utilizes our SDK.</p>
<p>
  <strong>Privacy Policy</strong>
</p>
<p>Please refer to our Privacy Policy at https://api.presagetech.com/privacypolicy, which describes our privacy practices, including how we collect, use and disclose your personal information and that of any of your user's if you integrate our SDK into your app.&nbsp;</p>
<p>
  <strong>App Features</strong>
</p>
<p>By opening an account or otherwise providing your name, email address, and other information, you agree that we may contact you electronically or in any other manner about updates and other SDK-related services or to address your inquiry, as applicable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that the communications be in writing.&nbsp;</p>
<p>You are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices used to access the SDK, and you agree to accept responsibility for all activities that occur under your account or password.</p>
<p>
  <strong>The SDK Does Not Provide Personal or Professional Advice</strong>
</p>
<p>Our SDK is intended to facilitate the collection and sharing of wellness information. The SDK is not intended to, and does not, provide medical advice, diagnose medical conditions, nor aid in the diagnosis of medical conditions.&nbsp; It is not intended to provide personal or professional advice in any manner. You agree that accessing our SDK does not create a professional or business relationship between Presage and you, between any health care provider and Presage or you, or between us and any other party simply by virtue of your accessing our SDK.</p>
<p style="text-align:justify;">Any information, advice, or services that you may receive from a health care provider relating to information provided via the SDK comes from them alone, and not from Presage.&nbsp;&nbsp;</p>
<p>
  <strong>Restrictions</strong>
</p>
<p>The SDK is intended for use by individuals who are 18 years of age or older.&nbsp; If you are under 18 years of age, you may not use this SDK unless a parent or guardian has first consented on your behalf to your use of the SDK.</p>
<p>You will not impersonate any person or entity, or misrepresent your affiliation with a person or entity, or misrepresent the origin of any information that you provide to us. You agree that your use of the SDK will at all times be for personal and lawful purposes, and you agree to comply with all applicable laws and regulations in your use of the SDK.</p>
<p>You further agree that:</p>
<ul>
  <li>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;</li>
</ul>
<ul>
  <li>you are not on any list of individuals prohibited from conducting business with the United States;</li>
  <li>you do not have more than one account on our SDK; and</li>
  <li>you have not previously been removed from our SDK, unless you have our express written permission to create a new account on our SDK.</li>
</ul>
<p>You agree that you will not attempt to interrupt or otherwise interfere with the operation of our SDK in any way. You agree that you will not post, publish, reproduce, transmit, distribute or otherwise view, use or exploit the SDK in a manner that:&nbsp;</p>
<ul>
  <li>is inconsistent with these Terms of Service</li>
  <li>could damage, disable, overburden, or impair the SDK or interfere with any other party's use and enjoyment of the SDK&nbsp;</li>
  <li>harasses, bullies, stalks, intimidates, assaults, defames, harms or otherwise mistreats any person</li>
  <li>involves the posting or sharing of prohibited content</li>
  <li>solicits passwords or personal information for commercial or unlawful purposes from other users or disseminates another person's personal information without his or her permission</li>
  <li>solicits gifts, money or other items of value from another user</li>
  <li>uses another user's account</li>
  <li>uses the SDK in relation to fraud or other similar practice</li>
</ul>
<p>If at any time you cease to meet the above requirements, you must immediately delete your account from the SDK.</p>
<p>
  <strong>Prohibited Content</strong>
</p>
<p>We prohibit uploading or sharing content that:</p>
<ul>
  <li>is likely to be deemed offensive or to harass, threaten, upset, embarrass, or alarm another person;</li>
  <li>is obscene, pornographic, violent or otherwise may offend human dignity or contains obscenities or degrading material;</li>
  <li>is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;</li>
  <li>you know to be false, deceptive or misleading (e.g., 'deepfake' videos and photos);&nbsp;</li>
  <li>encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred;&nbsp;</li>
  <li>is defamatory, libelous, or untrue;</li>
  <li>infringes the intellectual property rights of any person or entity;</li>
  <li>relates to commercial activities;&nbsp;</li>
  <li>involves the transmission of "junk" mail or "spam";</li>
  <li>includes the image or likeness of another person without that person's consent (or in the case of a minor, the minor's parent or guardian), or is an image or likeness or a minor unaccompanied by the minor's parent or guardian;</li>
  <li>impersonates another person or part of a group, family, organization or country, which is false or misleading;</li>
  <li>may harm Presage's reputation.</li>
</ul>
<p>If you upload or share prohibited content, we may, without limitation of our other remedies, suspend or terminate your account.</p>
<p>You further agree that you will not:</p>
<ul>
  <li>use any robot, spider, scraper, or other automated data extraction tool or program to access, acquire, copy or monitor the SDK;</li>
  <li>use or attempt to use any engine, software, tool, agent, or other device or mechanism to navigate or search the SDK, other than the search engines generally available (such as Google);</li>
  <li>upload or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features;</li>
  <li>attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the SDK;&nbsp;&nbsp;</li>
  <li>attempt to gain an unauthorized access to any portion of the SDK, use the SDK for any unlawful purpose, or otherwise interfere or disrupt the SDK; or</li>
  <li>remove or obscure any proprietary information on the SDK.</li>
</ul>
<p>Evidence of use of this SDK for illegal purposes may be provided to law enforcement authorities.</p>
<p>
  <strong>Intellectual Property&nbsp;</strong>
</p>
<p>Our SDK contains images, graphics, frames, logos, text, code, and other various elements that are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You acknowledge that the SDK and any content on it is and will remain our property or the property of Presage or our licensors, if any. You agree to comply with all intellectual property laws and you will not encumber any interest in, or assert any rights to, the SDK. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on the SDK, in whole or in part.&nbsp;</p>
<p>
  <strong>Links</strong>
  <strong></strong>
</p>
<p>Our SDK may provide links to other third-party websites or apps. Our decision to link to a third-party website or app is not an endorsement of the content, products or services in the third-party website or app. We do not control these third-party websites and apps and expressly disclaim any responsibility for the content, the accuracy of the information and any products or services available on the third-party websites and apps. We have not investigated or monitored the third-party websites and apps for accuracy or completeness. The third-party websites and apps may have different privacy policies and security standards than our App.&nbsp;&nbsp;&nbsp;&nbsp;</p>
<p>
  <strong>Security</strong>
</p>
<p>We are committed to protecting our users' personal data. We employ a range of reasonable technical, administrative, and physical safeguards for securing personal data, including:</p>
<ul>
  <li>Secure access to the SDK via unique user authentication controls</li>
  <li>Logging practices to aid auditing</li>
  <li>Patching of servers for security updates</li>
  <li>Regular risk assessments&nbsp;</li>
</ul>
<p>While we take reasonable data protection precautions, no security measures are completely effective, and we do not guarantee the security of user data at any time. We cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. Even though there are many benefits to using our SDK, as with all electronic communications there are some risks such as (i) failure of hardware, software and/or Internet connections; we are not responsible for failures, distortions, delays, or other problems resulting from equipment configuration, connection, signal power, hardware, software or any equipment used to access the internet; and (ii) no guarantee that the confidentiality or security of electronic transmissions can be assured due to potentially unsecured devices and links. This could result in your data becoming lost or intercepted during transmission. It is your responsibility to protect the security of your login information and to use good judgment before deciding to send information via the SDK. We will not be liable for any breach of the security measures on the SDK or any loss, misuse, or alteration of information resulting therefrom.&nbsp;&nbsp;</p>
<p>The SDK can only be accessed after you have signed up for an Application Programming Interface (API) key. This key allows Presage to verify who you are and prevents unauthorized access to your data.&nbsp;</p>
<p>
  <strong>Termination</strong>
</p>
<p>We may suspend or terminate your use of or access to the SDK if you fail to comply with these Terms of Service. Such suspension or termination may result in the permanent deletion of your information or other previously available content.</p>
<p>
  <strong>Indemnification</strong>
</p>
<p>You agree to indemnify, defend (subject to our right, in our sole discretion, to assume exclusive defense and control), and hold harmless Presage, its partners, consultants, officers, directors, employees, contractors, and advisors from and against all claims, losses, liability, expenses, damages, judgments, awards, and costs (including reasonable attorney's fees), related to or arising from (i) any breach of these Terms of Service, (ii) your use or misuse of any material or information posted, provided, transmitted, or otherwise made available by you or by us or (iii) your access or use of the SDK.&nbsp;</p>
<p>We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist our defense of such matter.&nbsp;&nbsp;</p>
<p>
  <strong>Disputes</strong>
</p>
<p>Any dispute or claim relating in any way to your use of this SDK, or to any products or services sold or distributed by us, if any, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Service.</p>
<p>
  <strong>There is no judge or jury in arbitration, and court review of an arbitration award is limited.</strong>
  However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Service as a court would.</p>
<p>To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our offices at 13755 Sunrise Valley Dr Suite 450 Herndon, VA 20171. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.</p>
<p>
  <strong>We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action</strong>.
  <strong>If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.</strong>
</p>
<p>You also agree that we may bring suit in court to enjoin infringement or other misuse of our intellectual property rights.</p>
<p>
  <strong>We each agree that any legal action will be conducted only on an individual basis and not in a class, consolidated or representative action</strong>.
  <strong>We each also waive any right to a jury trial.</strong>
</p>
<p>
  <span style="text-decoration:underline;">
    <strong>Notice of Infringement Claims</strong>
  </span>
</p>
<p>We reserve the right to remove infringing content associated with the SDK.&nbsp;&nbsp;</p>
<p>If you believe that your work has been improperly copied and posted to the SDK, please contact us at&nbsp; support@presagetech.com.&nbsp; Provide your name, address, telephone number, e-mail address, a physical or electronic rendering of your signature, a description of your copyrighted work, a description of the location of your copyrighted work on the SDK and a statement by you made under penalty of perjury that the above information is accurate and that you are the copyright owner or otherwise authorized to act on behalf of the copyright owner. Your complaint will be addressed in accordance with applicable U.S. copyright law.</p>
<p>
  <span style="text-decoration:underline;">
    <strong>Important Disclaimers</strong>
  </span>
</p>
<p style="text-align:justify;">
  <strong>The SDK Does Not Provide Medical or Diagnostic Treatment or Advice</strong>
</p>
<p>PRESAGE IS NOT A HEALTHCARE PROVIDER OR A MANUFACTURER OF A MEDICAL DEVICE. &nbsp;PRESAGE PROVIDES A MOBILE APP INTENDED ONLY FOR THE COLLECTION AND SHARING OF WELLNESS INFORMATION. THE SDK IS NOT INTENDED TO AND DOES NOT DIAGNOSE, PREVENT OR TREAT ANY DISEASE OR MAKE ANY CLAIMS OR CONCLUSIONS REGARDING ANY DISEASE, MEDICAL STATE OR MEDICAL CONDITION.<strong>&nbsp;
  </strong>THE INFORMATION IS INTENDED FOR INFORMATIONAL PURPOSES ONLY.</p>
<p>THE CONTENT AVAILABLE THROUGH THE SDK IS FOR INFORMATIONAL PURPOSES ONLY AND IS IN NOT IN ANY WAY INTENDED TO BE, NOR IS IT, MEDICAL ADVICE. THE APP DOES NOT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. ADDITIONALLY, THE USE OF THE CONTENT OBTAINED THROUGH THE SDK DOES NOT ESTABLISH A PHYSICIAN-PATIENT OR OTHER CLINICIAN-PATIENT RELATIONSHIP.&nbsp; USERS SHOULD CONSULT WITH A QUALIFIED PHYSICIAN OR OTHER APPROPRIATE QUALIFIED HEALTH CARE PROFESSIONAL CONCERNING ANY MEDICAL ISSUES OR PROBLEMS.</p>
<p>YOUR RELIANCE UPON INFORMATION AND CONTENT OBTAINED BY YOU AT OR THROUGH THE SDK IS SOLELY AT YOUR OWN RISK. THE SDK IS INTENDED SOLELY AS A RESOURCE AND INFORMATIONAL TOOL. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED OR NOT RECEIVED ON THE APP.&nbsp;</p>
<p>
  <strong>No responsibility for the Acts or Omissions</strong>
</p>
<p>OUR SDK IS INTENDED FOR INTEGRATION INTO OTHER APPS. WE DO NOT DIRECT OR CONTROL HOW YOU USE OR DISCLOSE PERSONAL INFORMATION OF YOUR USERS THAT YOU RECEIVE FROM US. YOU MUST DISCLOSE TO YOUR USERS THAT PRESAGE DOES NOT DIRECT OR CONTROL HOW YOU, AS AN IMPLEMENTING ORGANIZATION, USES OR DISCLOSES THE PERSONAL INFORMATION ABOUT YOU THAT THEY RECEIVE FROM US.&nbsp; WE ARE NOT RESPONSIBLE IN ANY WAY FOR THEIR PRIVACY AND SECURITY PRACTICES NOR FOR ANY OF THEIR ACTS OR OMISSIONS RELATED TO YOUR USE OF THIS APP OR INFORMATION COLLECTED BY OR SHARED WITH THEM IN CONNECTION WITH THIS SDK.&nbsp;</p>
<p>WHEN YOU USE OUR SDK, YOU ARE RESPONSIBLE FOR INFORMING YOUR USERS ABOUT THE TERMS OF SERVICE IN THIS AGREEMENT.</p>
<p>
  <strong>Disclaimer of Warranties&nbsp;</strong>
</p>
<p>USE OF THE SDK IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS, OR SERVICES CONTAINED ON OR PROVIDED THROUGH THE SDK, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR CONDITIONS.&nbsp; PRESAGE RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO CORRECT ANY ERROR OR OMISSIONS IN ANY PORTION OF OUR SDK, WITH OR WITHOUT NOTICE TO YOU.</p>
<p>TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PRESAGE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.&nbsp; THESE INCLUDE, BUT ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.&nbsp; YOU UNDERSTAND THAT PRESAGE CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SDK WILL BE FREE OF VIRUSES, MALWARE, OR OTHER DESTRUCTIVE CODE. PRESAGE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR SMARTPHONE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SDK.</p>
<p>WITHOUT LIMITING THE FOREGOING, PRESAGE MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE SDK.&nbsp; THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.&nbsp;</p>
<p>
  <strong>Limitation of Liability</strong>
</p>
<p>IN NO EVENT WILL PRESAGE BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF GOODWILL, LOSS OF USE, EMOTIONAL DISTRESS, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE APP. PRESAGE WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE APP IS AT YOUR OWN RISK.</p>
<p>TO THE EXTENT ANY OF THE ABOVE LIMITATIONS OF LIABILITY ARE RESTRICTED BY APPLICABLE FEDERAL, STATE, OR LOCAL LAW, SUCH LIMITATIONS WILL NOT APPLY TO THE EXTENT OF SUCH RESTRICTIONS.&nbsp;</p>
<p>
  <strong>Assignment</strong>
</p>
<p>We may assign these Terms of Service at any time, including, without limitation, to any parent, subsidiary, or any affiliated entity, or as part of the sale to, merger with, or other transfer of our association to another entity. You may not assign, transfer or sublicense these Terms of Service to anyone else and any attempt to do so in violation of this section shall be null and void.</p>
<p>
  <strong>Governing Law</strong>
</p>
<p>These Terms of Service shall be governed by the laws of the State of Virginia applicable to contracts made and performed there, without regard to its conflict of laws principles, and where applicable, the laws of the United States. Subject to the arbitration provisions noted above,&nbsp; you agree that the state and federal courts located in Virginia shall be the sole and exclusive venue for any legal action or proceeding between Presage and you for any purpose concerning these Terms of Service. You waive any jurisdictional, venue, or inconvenient forum objections to such courts. Any cause of action or claim you may have with respect to these Terms of Service must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable.</p>
<p>
  <strong>Miscellaneous</strong>
</p>
<p>If any provision of these Terms of Service is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Service will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.</p>
<p>
  <strong>Changes</strong>
</p>
<p>We may, without advance notice, supplement or change these Terms of Service at any time. Any changes made to these Terms of Service will be effective as soon as we post them on the SDK Terms of Service page. By accessing the SDK, you agree to be bound by these Terms of Service as posted on the SDK at the time of your access or use. It is your sole responsibility to review these Terms of Service each time you access or use the SDK so that you are aware of any changes to these Terms of Service. If any change to these Terms of Service is not acceptable to you, your sole remedy is to cease using the SDK.</p>
<p>
  <strong>Entire Agreement</strong>
</p>
<p>These Terms of Service constitute the entire agreement between you and Presage with respect to the SDK, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written.</p>
<p>These Terms of Service were last updated on February 2, 2024.</p>`