Terms and Conditions

Last Updated: 2/21/2025

Centralive, Inc.

Researcher Terms of Service

The following terms of service (“Terms”) are a legal agreement between you (together with the business entity you represent, if any, “you” or “your”) and Centralive, Inc. (“Centralive”, “we”, “us” or “our”) and govern your access to and use of the Centralive wearable health device analytics platform (the “Platform”) and any related technology or services supplied by Centralive, including any mobile applications and our website at https://centralive.health (the “Website” and, collectively with the Platform, the “Services”).
By accessing or using any of the Services, you agree to these Terms and any other policies or terms referenced within or posted throughout the Services, including our Privacy Policy for Researchers (“Researcher Privacy Policy”), the terms of which are hereby expressly incorporated into these Terms by reference.
FROM TIME TO TIME, WE MAY UPDATE OR MODIFY THESE TERMS IN OUR DISCRETION. IF OUR CHANGES REDUCE YOUR RIGHTS OR INCREASE YOUR RESPONSIBILITIES, WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE YOU WITH NOTICE WITHIN THE SERVICES. THE UPDATED TERMS WILL BECOME EFFECTIVE AS OF THE “LAST UPDATED” DATE INDICATED IN THE TERMS. ANY USE OF THE SERVICES AFTER THE LAST UPDATED DATE MEANS YOU HAVE ACCEPTED THE UPDATED TERMS. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT YOU DO NOT ACCEPT THE UPDATED TERMS IS TO TERMINATE YOUR ACCOUNT AND CEASE USE OF THE SERVICES.
THESE TERMS INCLUDE AN AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION, WHICH MEANS THAT YOU AND CENTRALIVE WAIVE THE RIGHT TO A TRIAL BY JURY AND AGREE TO RESOLVE ANY AND ALL DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS.
If you are an individual, you must be at least 18 years of age, a U.S. or Canadian resident, and legally capable of entering into contracts. If you are an entity, organization, or company, or acting on behalf of one, you represent and warrant that you are an authorized representative of such entity, and that you have the authority to and agree to bind it to these Terms. You represent to us that you will not use the Services, directly or indirectly, for any fraudulent or unlawful purposes.

1. Overview.

Our Services are designed to generate analytics-related including reports, calculations and Participant questionnaires (collectively, “Output”) for the purpose of and from data collected during research studies (each, a “Study”) conducted by you or your personnel (each, a “Researcher”) involving Study participants (each, a “Participant”) with respect to wearable health tracker information. A “User” means any individual or entity that uses any aspect of the Services, including, you, Researchers and Participants.

2. Accessing the Services.

In order to use the services, each User must establish an account (an “Account”). We will authorize an account manager to create and issue to each User login credentials to access and use the Platform. In connection with you or any User you authorize establishing an Account, you agree and will ensure each User agrees to: (a) provide true, accurate, current, and complete information about yourself as we may require; and (b) maintain and promptly update the registration data to keep it true, accurate, current, and complete. Please refer to our Researcher Privacy Policy for additional information on our practices for handling your personally identifiable information. You may not share your Account and you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account, including the Accounts of your authorized Users. You agree to notify us immediately of any actual or suspected unauthorized use of or access to any Account for which you are responsible. We are not liable for any acts or omissions by you in connection with any Account for which you are responsible or any damages arising from your failure to comply with this Section 2. We reserve the right, in our sole discretion, to determine who may qualify for an Account and we reserve the right to reject or revoke any Account at any time without liability.

3. Intellectual Property.

a. Services. The Platform and Services are licensed to you, not sold. As between you and Centralive, Centralive and our licensors retain all right, title, and interest in and to all Services and intellectual property and other rights therein and thereto. No rights or licenses are granted except as expressly and unambiguously set forth in these Terms, whether by implication, estoppel or otherwise.

b. Feedback. You may from time to time provide us with suggestions, comments or other feedback with respect to the Services (“Feedback”). We may freely use Feedback for any lawful purpose, even if it is information you have otherwise designated as confidential, and you hereby grant to Centralive a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exploit the Feedback for any purpose.

c. Output. Except for any existing right, title or interest that Centralive has in and to any intellectual property of Centralive contained or utilized in any Output, and subject to your compliance with these Terms, including payment of all Service Fees, Centralive hereby assigns to you all right, title and interest in and to any intellectual property in any Output.

d. Client List. You hereby grant Centralive a worldwide, non-exclusive, royalty-free, non-transferable license to use your name, trademarks, service marks or logos for the purpose of identifying you as a User of the Services in order to promote the Platform and Services.

4. General License; Restrictions.

Subject to your compliance with these Terms, Centralive hereby grants to you, a personal, worldwide, royalty-free, non-sublicensable, non-transferrable, and non-exclusive license to use the Services, including any output, and any other documentation we make available from time to time (“Documentation”), in each case, in accordance with these Terms. You may not perform, engage in or attempt, or facilitate the same, any of the following with respect to the Services: (a) use the Services or any Output in order to generate an alternative to the Services, including by using or submitting any Services or Output to any artificial intelligence system (including generative artificial intelligence or large language model), machine learning, or similar system; (b) pledging, renting, leasing, sharing, distributing, selling of any Services or Output; (c) reverse engineer or otherwise attempt to determine the underlying code or structure of any Services; or (d) using any robots, spiders, or similar data mining, data gathering, “scraping”, extraction tools, or manual processes to collect, gather, or copy any content or data on or related to any Services or Output.

5. User Content.

The Services enable users to upload information including wearable health device data, images, text, or other materials (collectively, “Content”). You retain ownership of all Content that you submit to the Services and these Terms do not grant us any licenses or rights to your Content except for the limited license described in this Section 5. However, you are responsible for your Content, and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Centralive may, but is not obligated to, monitor or review the Services and your Content or the Content of any other user at any time. Without limiting the foregoing, Centralive shall have the right, in its sole discretion, to remove any of your Content for any reason including if your Content violates these Terms or any applicable law, as determined by Centralive. By uploading your Content to the Services, you: (a) represent and warrant that you have all necessary rights to upload, share, post, transmit or otherwise make available such Content; and (b) hereby grant to Centralive a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use, reproduce, distribute, modify, translate, adapt, create derivative works, make publicly available, and otherwise use your Content: (i) to provide the Services to you; (ii) for the purposes permitted by our Privacy Policy; and (iii) to compile, use and disclose aggregate or de-identified data, statistics, measurements or other metrics derived from your Content (including in combination with the aggregate or de-identified content of other users of the Services) for our own purposes, including to improve the Services, solely in a manner such that the aggregate or de-identified content does not identify you or any other individual (“Aggregated Data”), in each case in accordance with our Researcher Privacy Policy. As between you and Centralive, Aggregated Data is the sole and exclusive property of Centralive.

6. No Medical Advice; No Reliance.

Centralive and our Services do not provide medical review, assessment, advice, opinions, treatment, diagnoses or assessments of outcomes. The Output and other information made available by us, including as generated or uploaded by you or another User via the Services is for informational purposes only, should not be considered medical advice, and is not intended to replace consultation with a qualified medical professional. Centralive cannot control and has no duty to take any action regarding how you or your Users, including any Participants, may interpret, rely on or use any Output or what actions you or such individual may take as a result of having been exposed to Output.

7. Personal Information

You hereby represent and warrant that, with respect to each Participant, you have provided such Participant all legally required notices and obtained all legally required consents (including consent under the Common Rule), in each case including requirements of applicable privacy laws in relation to any personal information uploaded to or processed using the Platform that you or any Users you authorize to use the Platform.

8. Communications.

By using the Services, you consent to receive communications from us via the Platform or by email using the contact information provided when registering your Account, as may be updated from time to time by you, including, without limitation, announcements (including notifications each time these Terms have been modified), administrative messages, service updates, and other non-transactional communications which are, collectively, considered part of the Services. You may opt out of receiving such communications at any time by emailing us at support@centralive.health, and we will process your request within forty-eight (48) hours. Notwithstanding the foregoing, Centralive reserves the right to communicate with you through the Platform in certain limited circumstances, such as to notify you of Platform downtime due to scheduled maintenance.

9. Prohibited Conduct.

You agree that you will not, directly or indirectly: (a) use the Services for any fraudulent purpose or in violation of any applicable laws; (b) use the Services to transmit any Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, hateful, fraudulent, invasive of another’s privacy, tortious, discriminatory, obscene, pornographic, lewd, lascivious or otherwise objectionable, as determined by us; (ii) is false, inaccurate, misleading, defamatory or libelous Content (including without limitation personal information); (iii) infringes another’s copyright, trademark, trade secret or other intellectual property rights or other rights of any entity or person; or (iv) introduces viruses, worms, Trojan horses and/or harmful code into the Services; (c) impersonate any person or entity, including any of our employees or representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) mirror or frame any part of the Service, including the Centralive name or marks; or (e) interfere or attempt to interfere with the proper working of the Services or any activities conducted through them, including by bypassing any measures we may use to prevent or restrict access to the Services or engaging in any conduct that restricts or inhibits any other user’s use or enjoyment of the Services.

10. Service Fees; Payment.

Certain of our Services may be made available to you at no charge. Any fees payable in respect of our Services (“Service Fees”) will be set forth in an order form or other ordering document or page on our Website and displayed when you are asked to confirm your subscription for any paid Services. By using the Platform, you agree to pay all applicable Service Fees during the applicable subscription period (in each case, the “Subscription Period”). We may use a third-party payment service to bill you through an online account for your fees, as applicable, in lieu of directly processing your credit card information. By submitting your payment account information, you grant us the right to store and process your information with the third-party payment service, which may change from time to time; you agree that we will not be responsible for any failure of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of such third-party payment service in addition to these Terms. You agree that we may change the third-party payment service and move your information to other service providers that encrypt your information using transport layer security (TLS) or comparable security technology. You are solely responsible for all taxes associated with Services (excluding taxes based on Centralive’s net income). All Service Fees paid are non-refundable and non-cancelable during the Subscription Period and are not subject to set-off. Centralive may change the Service Fees in our sole discretion at any time; provided that any changes to the Service Fees will not take effect until the expiration of your then-current Subscription Period. You may modify your selected Services at any time via the Platform, which changes will take effect upon renewal of the then-current Subscription Period

11. Term and Termination.

The effectiveness of these Terms commences upon the date you first access or use the Services, as applicable, and continues until the expiration of your Subscription Period unless earlier terminated as set forth herein. You may terminate your Account at any time using the Account management functions of the Platform, which termination will be effective upon the expiry of your then-current Subscription Period. Without limiting our other rights or remedies, we may suspend, deny or terminate your access to any or all of the Services if we determine, in our sole discretion: (a) that you have violated any terms of these Terms; (b) you have provided false or misleading information to us; (c) we are required to by law, legal process, or law enforcement; (d) your use of the Services results in (or is reasonably likely to result in) damage to or material degradation of the Services which interferes with our ability to provide access to the Services to other users (provided that we will use reasonable good faith efforts to work with you to resolve or mitigate the damage or degradation in order to resolve the issue without resorting to suspension or limitation). We will use commercially reasonable efforts to notify you prior to any such suspension or limitation, and will reinstate your use of or access to the Service, as applicable, if you remediate the issue promptly following receipt of such notice. In addition to accrued obligations, the following sections will survive the termination or expiration of these Terms, including if Centralive ceases to provide the Services: Sections 3 (Intellectual Property), 5 (User Content); 10 (Service Fees; Payment); 11 (Term: Termination); 12 (Confidentiality); 14 (Disclaimers); 15 (Limitation of Liability); 16 (Indemnification), 17 (Arbitration) and 18 (General Provisions). If we suspend or terminate your Account or access to the Platform or any Services, you may not use the Platform or other Services, whether under a different Account or by re-registering for a new Account without our prior consent.

12. Confidentiality.

“Confidential Information” means, to the extent previously, presently or subsequently disclosed by or for either party (the “Disclosing Party”) to the other party (the “Receiving Party”) all financial, business, legal and technical information of the Disclosing Party or any of its affiliates, suppliers, customers and employees (including information about research, development, operations, marketing, transactions, regulatory affairs, discoveries, inventions, methods, processes, articles, materials, algorithms, software, specifications, designs, drawings, data, strategies, plans, prospects, know-how and ideas, whether tangible or intangible, and including all copies, abstracts, summaries, analyses and other derivatives thereof), that is marked or otherwise identified as proprietary or confidential at the time of disclosure, or that by its nature would be understood by a reasonable person to be proprietary or confidential. Confidential Information shall not include any information that: (a) was rightfully known to the Receiving Party without restriction before receipt from the Disclosing Party; (b) is rightfully disclosed to the Receiving Party without restriction by a third party; (c) is or becomes generally known to the public without violation of these Terms by the Receiving Party; or (d) is independently developed by the Receiving Party or its personnel without access to or use of such information. The Platform, Documentation and Feedback are Centralive’s Confidential Information, and your Content is your Confidential Information. Each party shall treat as confidential all Confidential Information of the other party, shall not use such Confidential Information except as set forth in these Terms, and shall not disclose such Confidential Information to any third party except as expressly permitted by these Terms without the Disclosing Party’s written consent; however, you agree that we may use and disclose your Confidential Information in order to comply with your instructions, provide our Services and exercise our rights and perform our obligations hereunder. The Receiving Party shall safeguard the Confidential Information of the Disclosing Party using the same degree of care which it uses to protect its own confidential information, but in no event less than reasonable care. The Receiving Party shall promptly notify the Disclosing Party of any actual or suspected misuse or unauthorized disclosure of any of the Confidential Information. In the event of any termination or expiration of these Terms, the Receiving Party will either return or, at the Disclosing Party’s request, destroy the Confidential Information of the Disclosing Party; provided, however, that the Receiving Party may retain copies of the Disclosing Party’s Confidential Information for bona fide backup and archival purposes subject to the confidentiality obligations set forth herein. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent required by law or court order, provided that, if legally permissible, the Receiving Party shall first notify the Disclosing Party of such disclosure requirement and provide reasonable assistance to the Disclosing Party in the Disclosing Party’s efforts to limit such disclosure at the Disclosing Party’s expense.

13. Third Party Services.

You acknowledge and agree that the Services may contain or be accompanied by certain software products or other services operated, licensed or provided by third parties, including without limitation software that is subject to open source licenses, including large language models and artificial intelligence applications (“Third Party Services”). Centralive is not responsible for the operation or availability of any Third Party Service or operation or availability of the Services, to the extent the Services rely on a Third Party Service. You are solely responsible for procuring any and all rights necessary to access or use any Third Party Service and you agree to comply with all applicable terms governing use of Third Party Services. We make no representations or warranties with respect to Third Party Services or any third-party service providers. Any exchange of data or other interaction between you and a third-party service provider is solely between you and such third-party service provider and is governed by such third party’s terms and conditions.

14. Disclaimers.

a. Service Disruptions. Our Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Centralive or by our third-party providers, or because of other causes beyond Centralive’s reasonable control. We will use reasonable efforts to provide advance notice within the Services or by e-mail of any scheduled service disruption.

b. Services Disclaimer. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, CENTRALIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. CENTRALIVE DOES NOT WARRANT THAT: (i) THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; (ii) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES ARE ACCURATE OR RELIABLE.

15. Limitation of Liability.

EXCEPT FOR BREACHES OF SECTION 3, SECTION 4, SECTION 7 OR SECTION 9, A PARTY’S INDEMNIFICATION OBLIGATIONS, OR A PARTY’S LIABILITY FOR INFRINGEMENT, VIOLATION OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS: (a) FOR ERRORS OR INTERRUPTION OF USE, ANY LOST PROFITS, DATA LOSS, LOST BUSINESS COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INCIDENTAL, MULTIPLE, PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING); (b) FOR ANY MATTER BEYOND THE PARTY’S REASONABLE CONTROL; OR (c) FOR ANY DIRECT DAMAGES IN EXCESS OF AN AMOUNT EQUAL TO THE GREATER OF (i) THE AGGREGATE SERVICE FEES PAID OR PAYABLE BY YOU TO CENTRALIVE HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT FIRST GIVING RISE TO A CLAIM; AND (ii) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. Indemnification.

You shall indemnify, and hold harmless Centralive and its directors, officers, employees, contractors, suppliers and representatives (“Indemnitees”) and, at Centralive’s request, defend the Indemnitees for, from and against any liabilities, damages, judgments, awards, losses, costs or expenses (including reasonable attorneys’ fees and the fees of professional advisors) (“Losses”), that arise from or relate to any claim by a third party arising from or in connection with: (a) your Content or our use of your Content in connection with the Services infringing, violating, or misappropriating any third-party intellectual property or proprietary right, including any rights of privacy, or violating any applicable law; (b) your violation of these Terms or any applicable law; (c) the breach, inaccuracy or untruthfulness of any of your representations or warranties set forth in these Terms; or (d) any unauthorized use any Account for which you are responsible (each of (a), (b), (c) and (d), a “Claim”). Your indemnification obligations hereunder shall be conditioned upon Centralive providing you with: (i) prompt written notice of any claim (provided that a failure to provide such notice shall only relieve you of your indemnity obligations if you are materially prejudiced by such failure); (ii) the option to assume sole control over the defense and settlement of any claim (provided that the applicable Indemnitee may participate in such defense and settlement at its own expense); and (iii) reasonable information and assistance in connection with such defense and settlement (at the Indemnitee’s expense).

17. Agreement to Arbitrate.

a. Scope; Governing Rules. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be determined by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”), including, if appropriate, the International Commercial Arbitration Supplementary Procedures.

b. Selection of Arbitrator. There shall be one arbitrator agreed to by the Parties within twenty (20) days of receipt by the respondent of the request for arbitration or in default thereof appointed by the AAA in accordance with its Commercial Rules.

c. Proceedings. The seat or place of arbitration shall be Santa Clara County, California, USA. The arbitration shall be conducted and the award shall be rendered in the English language. The award rendered by the arbitrator shall be final and binding on the Parties and may be entered and enforced in any court having jurisdiction, and any court where a Party or its assets is located (to whose jurisdiction the Parties consent for the purposes of enforcing the award). Judgment on the award shall be final and non-appealable.

d. Confidentiality. Except as may be required by law, neither a Party nor the arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of both Parties, unless to protect or pursue a legal right.

e. Interim Relief. Notwithstanding anything to the contrary in this Section 17, Customer and ESL shall each have the right to apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other similar interim or conservatory relief, as necessary, pending resolution under the arbitration procedures set forth in this Section 17. Nothing in the preceding sentence shall be interpreted as limiting the powers of the arbitrator with respect to any dispute subject to arbitration under this Agreement.

18. General Provisions.

a. Governing Law and Disputes. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Subject to Section 17, Any dispute arising out of or relating to these Terms shall be resolved exclusively in the state and federal courts sitting in the State of California.

b. Compliance with Laws. You agree to comply with all applicable local, state, national, and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations governing use, transmission and/or communication of content, in connection with your access to or use of any Services.

c. Severability and Waiver. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed from these Terms, and the remainder of the Terms shall continue to be valid and enforceable. The failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

d. Headings. Captions and headings contained in these Terms have been included for ease of reference and convenience and shall not be considered in interpreting or construing these Terms.

e. Headings; Interpretation. Except where the context expressly requires otherwise: (i) the use of the singular will be deemed to include the plural (and vice versa); (ii) the words “include”, “includes”, “including” or “e.g.” will be deemed to be followed by the phrase “without limitation”; (iii) the word “will” will be construed to have the same meaning and effect as the word “shall”; (iv) the words “herein”, “hereof” and “hereunder”, or any word of similar import, will be construed to refer to these Terms in its entirety and not to any particular provision hereof; and (v) the term “or” will be interpreted in the inclusive sense commonly associated with the term “and/or”.

f. Entire Agreement. These Terms, together with the ordering form used to subscribe to our Services, constitute the entire agreement between you and Centralive with respect to its subject matter and supersedes all prior or contemporaneous agreements, communications and understandings, whether written or oral.

g. Jurisdictional Issues; Export Controls. Centralive makes no representations that information through the Services is appropriate or available for use outside the United States. If you choose to access or use the Services from outside the United States, you do so on your own initiative and at your own risk and you agree and acknowledge that you are responsible for complying with all applicable United States laws as well as your local laws and regulations. You are responsible for complying with all applicable United States laws as well as any local laws and regulations that may impact your transaction and you understand that Centralive disclaims all responsibility related to such activities and compliance obligations. Without limiting the foregoing, you may not access, use, export, re-export, divert, transfer in-country, or disclose any portion of the Services or any related software, technical information, or materials, directly or indirectly, in violation of any United States and other applicable country export controls and sanctions laws, rules, and regulations and requirements. You agree not to upload any Content (including information on encryption) whose export is specifically controlled by such laws.

h. Notice to Apple Users. If you are accessing our Platform via our iOS device mobile application (“App”), the terms of this Section 18.h apply. You acknowledge that these Terms are between you and Centralive only, not with Apple, and Apple is not responsible for the Services. Apple has no obligation to furnish any maintenance or support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the App to you; to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services or your possession or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the Services or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of this Section 18.h, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 18.h against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1, Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

i. Contact Information. If you have any questions about these Terms, please contact us via email at support@centralive.health.