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Terms of Service

Last Updated August 14, 2023

BYHEART, INC. (“ByHeart,” “we,” “us,” or “our”) provides its services (described below) to you through its websites located
at www.byheart.com and www.cluster.byheart.com(together, the “Site”) and related services, subject to the following Terms of Service (as amended from time to time, the “Terms”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. By accessing and using the Site, you agree to be bound by and to use the Site in accordance with these Terms, along with our Privacy Policy and all other terms and policies that appear on the Site and that may apply to specific sections of the Site or to any content, functionality, or services offered on or through the Site.

PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 18). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 18 BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND BYHEART WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

IF YOU DO NOT WISH TO BE BOUND BY ANY OF THESE TERMS, YOU MAY NOT USE THE SITE OR THE SERVICES. Accessing the Site in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms. In addition, when you use any of the current or future functionalities or services offered on or through the Site, you will also be subject to the guidelines, terms, conditions, and agreements applicable to those functionalities or services. If these Terms are inconsistent with the guidelines, terms, and agreements applicable to those functionalities or services, these Terms will control.

The Site offers users a convenient, on-line way to buy ByHeart products. The Site may also contain general information about health and wellness, which is for informational purposes only. BYHEART IS NOT A PROVIDER OF CLINICAL ADVICE. ByHeart and its subsidiaries and affiliates, directors, employees, agents, and representatives are not engaged, through this Site, in providing any medical treatment, diagnosis, advice, or service that creates a physician-patient relationship or otherwise constitutes the practice of medicine or another licensed profession. If you have any concerns or questions about your health, you should always consult with a physician or other healthcare provider. Do not disregard, avoid, or delay obtaining medical or health related advice because of information you may have obtained from the Site or because of any inference you may have drawn from any information contained herein. If you think you, your baby, or another person may have a medical emergency, call 9-1-1 or your local emergency phone number immediately.

We reserve the right to update, change, or otherwise alter these Terms or to impose new conditions on use of the Site at any time and for any reason, without prior notice. When we update, change, or otherwise modify these Terms, we will post the revised Terms on the Site. By continuing to use the Site after we post any such update, change, or alteration, you accept the Terms as modified and agree to be bound by them. For this reason, we encourage you to review these Terms whenever you access or use the Site. We reserve the right to enforce the Terms strictly, but are not under any obligation to do so.

BY CLICKING “SIGN UP” YOU AGREE TO OUR WEBSITE PRIVACY POLICY AND TERMS & CONDITIONS.

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