Terms of Use

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Last Update: January, 2023

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Acceptance of Terms of Use

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Welcome to Morning Health. This website is operated by Inexus Health, Inc. ("Inexus Health", "we", or "us"). Inexus Health operatesMorning.care and related websites (the "Sites"), applications, mobile applications and all associated services (collectively, the “Platform”).  The services offered through the Platform(collectively, the “Services) may include telehealth services, monitoring and progress tracking, and self-guided health educational resources. Any information delivered on the Platform or in connection with the Services to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

TheseTerms of Use (the "Terms") are a binding contract between you("you" or "user") and Inexus Health, Inc. ("Inexus Health," "we", or "us"). You must agree to and accept all of the Terms, or you do not have the right to use the Platform and/or Services.Your using the Platform and/or Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Platform and/or Services. These Terms include the provisions in this document, as well as those in our privacy policy (www.morning.care/privacy).

If your use of the Platform and/or Services is terminated for any reason, then:(a) this Agreement will continue to apply and be binding upon you with regard to your prior use of the Platform and/or Services (as well as any subsequent and unauthorized use of the Platform or Services), including your indemnification obligations as described herein; and (b) any rights or licenses granted to us under this Agreement will survive such termination.

If you use the Platform and/or Services on behalf of an individual other than yourself, you represent that you are authorized by such individual to accept this Agreement on such individual’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in this Agreement, except for in this sentence, refer to that individual).

NOTICE:Please read these Terms carefully. They cover important information about Platform and Services provided to you and any charges, taxes, and fees we bill you.These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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1. Personal Information and Privacy Practices

You agree that information provided by you in connection with the Platform and/orServices shall be governed by our Privacy Policy, which is hereby incorporated and made a part of this Agreement.

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2. We Do Not Provide Medical Care or Advice

Inexus Health is not a healthcare provider and does not provide medical advice or care.Inexus Health contracts with independent healthcare professionals who provide nutrition telehealth services (“Provider(s)”). The Providers deliver clinical services via the Inexus Health’s platforms to their clients and/or patients.  The Providers, and not Inexus Health, are responsible for the quality and appropriateness of the care they render to you.

Aspart of our services, we offer platforms, products or services for Providers and their patients to connect on the Platform. The Platform facilitates communication between patients and Providers. Any information or advice received from Providers come from them alone, and not from Inexus Health. Neither Inexus Health, nor any of its subsidiaries or affiliates or any third party who may promote the Platform or Services, or provide a link to the Platform or Services, shall be liable for any professional advice obtained from a Provider via the Platform, nor any information obtained on the Sites.

Inexus Health does not make any representations or warranties about the training or skill of any Providers who deliver services via the Platform. You will be provided with available Providers based solely on the information you submit to the Platform. You are ultimately responsible for choosing your particularProvider.

Inexus Health does not recommend or endorse any particular Provider, test, procedure, opinion, or other information that may appear through the Platform. If you rely on any Content, you do so solely at your own risk.

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IFYOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

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3. No Provider Patient Relationship

Registered dietitians and other medical professionals use the Platform to share content with you, but your use of this content is not a substitute for healthcare.  All information provided by Inexus Health, orin connection with any communications supported by Inexus Health, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.  The doctor-patient relationship is between you and the Provider(s) you select.

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4. Eligibility and Platform Requirements

a.    No users under 18 years old

Only users eighteen (18) years of age or older and who have accepted these Terms ofUse may access the Platform or Services. By visiting, accessing, registering with or using the Platform and/or Services, you represent and warrant to Inexus Health that you are a natural person and of 18 years of age or older.

b.   Service availability

Inexus Health and our contracted Providers operate subject to state and federal regulations, and the Platform or Services may not be available in your state.You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Platform or the Services is limited exclusively to users located in States within theUnited States where the Services are available.  We reserve the right to refuse service to anyone for any reason at any time.

c.    Device functionality

You are responsible for obtaining and maintaining your device, software, operating system, carrier and network access necessary to properly access and use the Platform or the Services. Inexus Health does not guarantee that the Platform or Services or any portions thereof will function on or in connection with any particular device, software, operating system, carrier, or network. Inexus Health will have no liability for errors, unreliable operation, or other issues resulting from use of the Platform or Services on or in connection with rooted or jailbroken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system.

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5. Accuracy, Completeness, and Timelines of Information

We are not responsible if information made available on the Sites is not accurate, complete or current. The material on the Site(s) is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Sites is at your own risk. This site may contain certain historical information. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

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6. Modifications to Services and Prices

Offerings and prices for our Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Platform or Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Platform or Services.

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7. Insurance and Third-Party Payment Processor

If you have health insurance, your insurance plan may cover all or a portion of your use of our Services. Subject to the terms of any written agreement between Inexus Health and/or Provider(s) and the insurance plan, if you provide information about your health insurance to us, that will be deemed your authorization for Inexus Health, the Provider(s) and/or one of their affiliates or partners to submit claims and bill for Services on your behalf and share necessary information with the insurance plan to process payments and reimbursements. Inexus Health and the Providers are not enrolled with federal or state health care programs such as Medicare and Medicaid.

Your insurance policy is a contract between you and your insurance plan, and it is your responsibility to know your benefits, including if your insurance has any deductible, co-payment, co-insurance, out-of-network, usual and customary limit, prior authorization requirements or any other type of benefit limitation for the Services you receive, and how your benefits will apply to your payments. If you purchase Services with your insurance plan, you authorize Inexus Health or one of its affiliates or third party partners, including the Providers, to charge your payment method on file any fees not covered by your insurance, such as co-pays, co-insurance, deductibles. If all or any portion of theServices are not covered or paid by your insurance plan for any reason or you do not have health insurance, you understand that you will be ultimately responsible for all fees and costs arising out of your use of the Services and agree to pay the full amount of all fees associated with your User Account.

All credit card, debit card and other monetary transactions on or through thePlatform occur through an online payment processing application that is provided by a third-party payment processor(s). Inexus Health itself does not collect or store payment card information. If our third-party payment processor is unable to secure funds from your payment method for fees that are due for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided when submitting electronic payment, Inexus Health may undertake further collection action, including application of fees to the extent permitted by law, and reserves the right to suspend or terminate your Services.

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8. Bill Inquiries and Refunds

All purchases are final and once paid, all fees are non-refundable regardless of whether Services are utilized, except as prohibited by applicable law.

If you believe you have been billed in error for the Services, please notify us within 30 days of the billing date by emailing support@inexushealth.com. Inexus Health will not issue refunds or credits after the expiration of this 30-day period, except where required by applicable law.

We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.

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9. Communications

By opting in to use Inexus Health’s Platform and Services, you affirmatively consent to conduct business electronically with Inexus Health and you agree that (a) all agreements and consents can be signed electronically, and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Inexus Health and our Providers may contact you by telephone, mail, or email to verify your Account information. Inexus Health and our Providers may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account.

By providing your mobile number, sending Inexus Health an initial text, or otherwise opting-in to receive telephonic communications from Inexus Health, you are agreeing to be contacted by or on behalf of Inexus Health at the mobile number you have provided, including calls and text messages, to receive informational, Services related messages and communications relating to the Platform and Services. You will be responsible for any message and data rates that may apply for any messages sent to you from Inexus Health and to Inexus Health from you. By consenting to receive Inexus Health text messages, you represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts.

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10. Intellectual Property

Inexus Health and our Providers retain all right, title, and interest in and to thePlatform, the Services and any information, content, files, document, text, photographs, images, audio, videos, reviews, products, documentation, software, or other materials available on or through the Platform and Services, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing.

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11. Indemnification

You agree to indemnify, defend and hold harmless Inexus Health and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms ofService or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

12. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms ofService shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on the Platform orin respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Platform and/or Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

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