Your Health,
Reimagined with
Twin Health

Effective: July 07, 2023

Last modified: July 07, 2023

Twin Health, Inc. and its related companies (“We”, “Us”, “Twin Health”) take your privacy seriously and we want you to know how we collect, use, share, and protect your information. This policy (the “Privacy Policy”) tells you what information we collect from visitors of the mobile application and therapy or other related services provided or operated by Twin Health (the “Services”) including our mobile application (the “App”), how we use that information, how we may share that information, how we protect your information, and your choices regarding your Personal Information (defined below). This Privacy Policy does not apply to information collected by us through any other means, including on any other website operated by Twin Health or any third party; or any third party, including through any application or content (including advertising) that may link to or be accessible from or on the App. NOTE, TWIN HEALTH MAINTAINS THE PRIVACY OF YOUR HEALTH INFORMATION IN ACCORDANCE WITH TWIN HEALTH’S NOTICE OF PRIVACY PRACTICES, AVAILABLE AT ON OUR WEBSITE. IN THE EVENT OF A CONFLICT BETWEEN THIS PRIVACY POLICY AND THE NOTICE OF PRIVACY PRACTICES, THE NOTICE OF PRIVACY PRACTICES SHALL PREVAIL. PLEASE READ THIS POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. IF YOU DO NOT AGREE TO THE PRIVACY POLICY, INCLUDING ANY CHANGES THERETO, THEN YOU MUST NOT ACCESS AND USE THE SERVICES. THIS PRIVACY POLICY MAY CHANGE FROM TIME TO TIME (SEE CHANGES) AND YOUR CONTINUED USE OF THE APP AFTER WE MAKE CHANGES IS DEEMED TO BE ACCEPTANCE OF THOSE CHANGES, SO PLEASE CHECK THIS POLICY PERIODICALLY FOR UPDATES. To utilize the Services, you are required to submit certain information to establish an account. We collect certain information during the account registration process for identity verification purposes. We collect and utilize additional information as set forth below.

Information We Collect From You

We collect several types of information from and about users of our App (collectively “Personal Information”), including, specifically: Personally identifiable information about you, including, when you register with the Services, your name, home, work and shipping addresses, telephone number, email address, contact information and password, and, once you have registered, your birthdate, racial or ethnic origin, health information, health insurance information, your medical history, including any diagnoses and how long you have been having symptoms, and any other information you provide to us, or grant us access to, when you access or use the Services; Information that you provide by filling in forms on our App, including at the time of registering to use the Services, using the Services, or requesting further Services. We may also ask you for information when you report a problem with our App; Records and copies of your correspondence (including email addresses), if you contact us; and Details of Services requested through our App and the fulfillment of your requests. We will process Personal Information collected through the Services in accordance with applicable law and with the agreements we have with your employer, and as described in the Terms of Use and this Privacy Policy. If you do not want to provide us this information, please do not utilize the Services.

Information We Collect From Third Parties

We may collect Personal Information about you from third parties, such as your employer, your health plan, and our business partners and service providers. Your employer will provide us with information so that we can provide our Services to you.

Information We Collect Automatically

The information we collect automatically may include Personal Information or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our App and to deliver a better and more personalized service. Additionally, we may collect certain information automatically when you use the Services, including the following: Use of the App. When you use the App, we may collect certain information about such use, including traffic data, logs, the location of your mobile device, your mobile device ID, type of device and operating system you use to access our App; your browser type; your mobile network information; your activities within the App; the length of time that you are logged in through the App; and information stored on your mobile device, including photographs, audio and video clips, personal contacts, and address book information. Cookies. We may use “cookies” and other technologies to collect data that enable us to better understand and improve the usability, performance and effectiveness of our Services. For instance, we may use session cookies (which expire once you close your browser) to provide you with a more personal and interactive experience on our App. A “cookie” is a small piece of data sent from a website and stored on the user's computer by the user's web browser while the user is browsing. You may have the capability on your mobile device to refuse to accept browser cookies by activating the appropriate setting in the preferences for your operating system or browser. However, if you select this setting you may be unable to access certain parts of our App. Unless you have adjusted your browser or operating system setting so that it will refuse cookies, our system will issue cookies when you access our App. Third-Party Analytics. We use third parties’ analytic and tracking tools to better understand who is using the Services, how people are using the Services and how to improve the effectiveness of the Services and its content, and to help those parties serve more targeted advertising to you across the Internet or help us serve more targeted advertising to you. Those third party companies may use cookies, pixel tags or other technologies to collect and store anonymous information such as time of visit, pages visited, time spent using the Services, device identifiers, type of operating system used and other website(s) you may have visited. They might combine information they collect from your interaction with the Services with Personal Information they collect from other sources. We do not have access to, nor control over, third parties’ use of cookies or other tracking technologies. We currently use the analytic and tracking tool Google Analytics, a web analytics service provided by Google, Inc. (“Google”), and Mixpanel, a data analytics platform provided by Mixpanel, Inc. (“Mixpanel”). You can find out more about how Google uses data when you visit our App by visiting “How Google uses data when you use our partners' sites or apps”, (located at www.google.com/policies/privacy/partners/). We also encourage you to review Mixpanel’s privacy policy, which can be found at https://mixpanel.com/legal/privacy-policy/, to learn more about how Mixpanel uses and protects your information. DNT. Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. Twin Health and the Services do not currently recognize or respond to DNT.

What We Do With Your Information

Twin Health respects your privacy and will not sell your Personal Information to third parties; however, we may disclose your Personal Information for purposes as outlined in this Privacy Policy. We may use your Personal Information to: provide Services to you, respond to your inquiries, provide information on products and Services you request or have a representative contact you regarding our products or Services that you may be interested in, provide you with notices about your account, carry out our obligations and enforce our rights arising from any contracts entered into between you and us or your employer and us, including for billing and collection, notify you about changes to our Services, our App, or any products or Services offered through them, fulfill any other purpose for which you provide it, and for any other purpose with your consent. Unless you have otherwise opted out of receiving email or text communication from us, you agree by using the Services, to allow us to use your email or telephone number for communication and provision of Services consistent with this Privacy Policy. Please note that if your access to our App or use of the Services is sponsored by a third party (e.g. your employer or health plan), at the request of the sponsoring third party, we may share Personal Information that your provide to us, or that we otherwise collect, through the App or the Services with your employer and/or third party service providers of your employer. Some information Twin Health collects constitutes protected health information (“PHI”) under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). As set forth above, Twin Health will provide you with a Notice of Privacy Practices describing its collection, use, and disclosure of your health information. Twin Health will use and disclose PHI only as permitted in accordance with our Notice of Privacy Practices and we only collect the PHI we need to fully perform our Services and to respond to you. We may use your PHI to contact you to the extent permitted by law, to provide requested services, to provide information to your insurers, to obtain payment for our services, to respond to your inquiries and requests, and to respond to inquiries and requests from your insurers (and as provided below your employers) and benefits program. We may combine your information with other information about you that is available to us, including information from other sources, such as from your insurers or benefits program, in order to maintain an accurate record of our participants. PHI will not be used for any other purpose, including marketing, without your consent. We may also use your Personal Information to improve our products and Services, provide information regarding health topics, deliver other information we believe you will find most relevant, and useful and in any other way we may describe when you provide the information or to which you consent. We may occasionally contact you to gather customer service information to help us determine how we can improve our Services and products to better meet your needs. We may also de-identify and/or aggregate your data so that it no longer reasonably identifies you for various business purposes including product, service and program development and improvement. De-identified data, in individual or aggregated form, may be used without restriction and for any purpose, including for research purposes both internally by Twin Health and with research partners and other third parties for the advancement of clinical and scientific knowledge. We may combine or cross-reference your Personal Information with general information or other information we may have acquired about you or may acquire about you through other sources, including offline sources of information to help further customize the information, products or Services we provide to you. We use the general information we collect from you to help us understand and analyze users of our Services, including generating aggregate statistics about Services use. This data can then be used to tailor the Services’ content and deliver a better experience for our users. We may also collect, aggregate and maintain anonymous information about the visitors to our Services. We may further share such aggregate, non-identifiable information with business partners, sponsors and other third parties.

Sharing of Personal Information with Third Parties

We may disclose Personal Information that we collect or you provide as described in this Privacy Policy to your employer in connection with your employer’s employee health monitoring. From time to time, we may use third parties to provide products, services or otherwise support our business or collaborate with third parties with respect to development, promotion or other business activities related to a particular product or service. These third parties may include service providers of a sponsoring employer, or our own service providers we use to support our business and who provide IT and infrastructure support services, and marketing, and billing services. As a result, we may disclose Personal Information that we collect or you provide to contractors, “Business Associates” (as defined under HIPAA), service providers and other third parties for solely for purposes of providing the Services as outlined above; provided such third parties have agreed to comply with this Privacy Policy or substantially equivalent terms. We may also disclose Personal Information to our subsidiaries and affiliates; to a third party in connection with a merger, divestiture, restructuring, reorganization, dissolution, sale or transfer of some or all of our assets or other similar corporate transactions or in connection with a bankruptcy, liquidation or similar proceeding. We may also release your Personal Information to third parties as required by law, when we believe disclosure is necessary to comply with a legal or regulatory requirements, judicial proceeding, court order or legal process served on us, to protect the safety, rights or property of patients, customers, the public or Twin Health or defend Twin Health and its officers, directors, employees, attorneys, agents, contractors and partners, in connection with any legal action, claim, or dispute. We may also disclose Personal Information to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes. We may disclose Personal Information to fulfill the purpose for which you provide it. For example, we may disclose your health reports to your employer. Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any Personal Information we gather from you on our Services to third parties.

Your Rights Regarding Accessing and Correcting Your Information

We can review and change your Personal Information by logging onto our App and visiting the Account Preferences section of our App. You may also notify us, through one of the means listed below in the Contact Us section, of any changes or errors in any Personal Information we have about you to ensure that it is complete, accurate, and as current as possible. If you wish to delete your Twin Health account, please contact your employer. We cannot delete your Personal Information except by also deleting your account with us. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect. With respect to any PHI Twin Health may obtain, you have certain rights under HIPAA to access your data, to restrict use and disclosure of it, to request communication methods, to request corrections to your data, to receive an accounting of disclosures and to receive notice of any breach. See Twin Health’s Notice of Privacy Practices for more information.

How We Keep Your Information Secure

We seek to safeguard the security of your Personal Information and have implemented reasonable security measures consistent with accepted practices in the healthcare industry to protect the confidentiality of your Personal Information and limit accidental loss of, and unauthorized access to, it. We have a designated Chief Security Officer and have put in place a variety of information security measures to protect your Personal Information, including encryption technology, such as Secure Sockets Layer (SSL) and AES encryption, biometric authentication, automatic locking after periods of inactivity on the App to protect your Personal Information during data transport and at rest. However, despite our efforts to protect your Personal Information, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your Personal Information over the Internet will be intercepted. Unfortunately, transmission of information via the Internet is not completely secure. Although we work diligently to try and protect your Personal Information, we cannot guarantee the absolute security of your Personal Information, nor can we guarantee that information that you provide will not be intercepted while being transmitted to us over the Internet. Therefore, we urge you to also take every precaution to protect your Personal Information when you are on the Internet or using the Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the App or in your operating system.

How to Opt Out

We strive to provide you with choices regarding the Personal Information you provide to us; however, We do not control the collection and use of your information collected by third parties described above. These third parties may aggregate the information they collect with information from their other customers for their own purposes. To opt out, please do not provide your Personal Information to us, or after providing your Personal Information to us, please send written notification to us at PrivacyIndia@TwinHealth.com that you no longer wish to receive information and communications from us or otherwise share your Personal Information. Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. Because there is no standard for these signals at this time, we currently do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us. Please note that certain features of the Services may not be available when cookies are disabled. To learn more about how to manage cookies, visit http://www.allaboutcookies.org. You may opt-out of certain targeted advertising. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and www.networkadvertising.org). Please note that if you choose to opt out, you will continue to see ads, but they will not be based on your online activity. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website.

Children’s Privacy

We are committed to protecting the privacy of children. The Services are not designed or intended for children and we do not knowingly collect Personal Information about children under eighteen (18) years old. No one under the age of 18 may provide information to or through the App. If you are under 18, do not use or provide any information on our App or on or through any of its features, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn that we have collected or received Personal Information from a child under 18 years without verification of parental consent, we will delete that information. If you believe we might have any information about a child under 18, please contact us at PrivacyIndia@TwinHealth.com.

Third Party Websites

Please be aware that our App or Services may have links to third-party websites that may collect Personal Information about you. When you click on one of these third-party links, you are entering another website for which we have no responsibility. This Privacy Policy does not cover the information practices or policies of such third-party websites. We encourage you to read the privacy policies of all such websites since their privacy policies may be materially different than our Privacy Policy.

Third Party Advertisers

In addition, we may rely on third-party advertisers, ad networks and ad servers to promote our Services. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about our users. This may include information about users’ behavior on this and other apps to serve them interested-based (behavioral) advertising. No information you share within our Services or shared through Apple’s Health App will be shared with third-party advertisers. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly

Changes

We reserve the right to modify the terms of this Privacy Policy at any time and in our sole discretion, without notice. When the Privacy Policy is changed, modified, and/or amended, the revised Privacy Policy will be posted on our App. Modifications will be effective immediately. You should visit this web page periodically to review the Privacy Policy. You accept any such modifications to this Privacy Policy by continued use of our Services after such modifications are made.

Contact Us

If you would like to update your Personal Information, delete your account, change your preferences or have any questions or concerns about your privacy, you may contact us at PrivacyIndia@TwinHealth.com.Please note that some information may remain in our records after deletion of your account, including any information or records we are legally obligated to retain.

Welcome, and thank you for your interest in Twins Digital Services India Private Limited (“Twin”, “we”, “our,” or “us”). These Terms of Use (“Terms”) govern your (hereinafter “you”, “your” or “User”) access to our website http://www.twinhealth.com/ (the “Site”), access to or downloading our mobile application (the “App”), our related websites, databases, networks, software, including widgets and mobile applications (including tablet applications) (collectively “Platform”), and the services (each a “Service”, and collectively the “Services”) that we facilitate, through the Platform, including the healthcare services provided over the internet by registered medical practitioners (“Medical Practitioners”) and nutrition coaches (“Wellness Coaches”), and the supply of medication, devices and diagnostic services by third parties.

1.General

1.1 Our Platform provides clinical decision support to Medical Practitioners and facilitates other Services which help them to treat Type II Diabetes Mellitus and certain other chronic diseases and related syndromes, & to prevent the risk of developing any chronic conditions.Twin is not your healthcare provider and does not provide you any medical advice, or treatment through the Platform.

1.2 Our Platform is designed only be used to help a suitable subset of users who are diagnosed with an Applicable Disease If you have been referred to our Platform by your Medical Practitioner, you will have been diagnosed with an Applicable Disease, and the use of our Platform and our Services should have been explained to you. You may also have signed up on our Platform directly. If so, an identified Medical Practitioner will carry out a first consultation with you to assess your suitability to use our Platform, and, if you qualify, explain the Services to you. If you are at any point, unclear on any aspect of the Platform, your treatment, any Service, or are otherwise dissatisfied in any manner, please speak with your Medical Practitioner, and if you do not receive adequate support, use the ‘Call Coach’ function on the Platform to indicate this.

1.3 These Terms of Service (these “Terms”), the Privacy Policy and other applicable policies, along with terms and conditions which may be specified by third party service providers on our Platform, form part of a legally binding contract between you, Twin, the Medical Practitioner, Wellness Coaches and the relevant third parties, in relation to the provision of, and your use of, the Services

1.4 By accessing the Platform, you agree to be bound by these Terms and other policies made available on the Site or the App, including, but not limited to Privacy Policy in this same document Headline 3 and other applicable policies, along with amendments or modifications made by Twin at its sole discretion and posted on the Platform, including by way of imposing additional charges for access to or use of our Platform

1.5 PLEASE READ THESE TERMS CAREFULLY. BY CLICKING A BUTTON OR CHECKING A BOX MARKED “I ACCEPT” (OR SOMETHING SIMILAR), DOWNLOADING OUR APP, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, AS MODIFIED OR AMENDED BY TWIN FROM TIME TO TIME FOR ITS SERVICE USERS GENERALLY, AND TO THE COLLECTON AND USE OF YOUR INFORMATION AS SET FORTH IN TWIN PRIVACY POLICY LOCATED AT THE SITE OR THE APP.

1.6 IF YOU ARE NOT ELIGIBLE TO USE THE SERVICE PER THESE TERMS, OR IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT ALLOWED TO USE THE SERVICE AND YOU SHOULD LET YOUR MEDICAL PRACTITIONER KNOW AT ONCE.

1.7 You acknowledge and agree that the Platform or the Services are not intended for emergency situations. In the event of a medical emergency, please call appropriate emergency responders or visit a registered medical practitioner. The Platform is also not intended to facilitate the treatment of diseases other than the Applicable Diseases.

1.8 Twin may make modifications to these Terms that apply to its users generally from time to time. The version of these Terms posted at the Site or on the App is the one that governs your use of the Service. You are therefore advised to refer to them each time before making use of the Service. Please also watch for alerts from us. Your continued use of the Site and the App is subject to the then current version of the Terms on the Site. We may require you to provide your consent to the updated Terms in a specified manner, but where no such consent is sought, your continued use of the Site and App, following changes to the Terms, will constitute your express acceptance of those Terms.

1.9 The App is licensed, not sold to you, the App and Services are provided “as is” without warranties of any kind and Twin’s liability to you is very limited as described below.

1.10 Your use of the Services is subject to separate third-party terms of service and fees, including, without limitation, the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the “Carrier”), the terms of service of pharmacies, diagnostic centers or other third party service providers on the Platform, or facilitated through the Platform, compliance with which is your sole responsibility.

1.11 You may delete your account and discontinue your use of our Platform at any time. Similarly, we have the right to withdraw our Platform, or any Service at any time without assigning any reason whatsoever. Twin does not guarantee that any Service will be available on a round-the-clock basis or that any Service will remain accessible.

1.12 These Terms are published in compliance with the provisions of Indian laws, including: (a) the Indian Contract Act, 1872; (b) the Information Technology Act, 2000 and rules, guidelines and clarifications thereunder; (c) the Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945; (d) the Drugs and Magic Remedies (Objectional Advertisements) Act, 1954; (e) the National Medical Commission Act, 2019 and rules, regulations and guidelines framed/ recognized thereunder; and (f) Pharmacy Act, 1948.

1.Use of Our Services.

1.1 Eligibility.

(a) By accepting these Terms, you represent and warrant to us that you have the capacity to enter into a legally binding contract under applicable law, in particular, the Indian Contract Act, 1872. You further represent: (a) you are at least 18 (eighteen) years of age; (b) you have not previously been suspended or removed from the Service; (c) your registration and your use of the Service is in compliance with all applicable laws and regulations; (d) you are physically located within a jurisdiction in which we offer our Service, including, without limitation, when utilizing the Service to receive advice from a Medical Practitioner; (f) you are not attempting to use the Service on behalf of any governmental unit; and (g) all information you provide will be truthful, accurate and complete. Twin reserves the right to terminate your account or refuse to provide you access to the Site, App or our Service if it is brought to our notice or if it is discovered that you are under the age of 18 (eighteen) years or that you have been convicted of an offence involving moral turpitude or any offence under the Indian Penal Code, 1860.(b) We reserve the right to refuse access to use any Service offered on the Platform to new users or to terminate access granted to existing users at any time without according any reasons for doing so and you shall have no right to object to the same.

(c) You are restricted to have more than one active account on the Site or App. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to another party.

(d) The use of the Site or App and the Services is designed to be compliant with the laws of India. You are permitted to use this Site or the App and any Service even if you reside outside India. We do provide any Service on the Platform to users located outside India.

1.2 Platform Suitability.

You may find it difficult to determine if the Platform is the most appropriate way for you to obtain medical care and treatment. To assist you in determining whether the Platform is a fit for your needs, the Medical Practitioner may ask a series of initial questions during registration. Based on your responses to these questions, the Medical Practitioner may determine that the Platform will not be made available to you. In such a case, you will be so advised. If this occurs, your registration information may remain on file with the Platform, but you will not be able to further utilize the Platform at that time. You can always return to the Site or the App at a later time to determine whether your eligibility has changed. In addition, even if you are determined to be eligible to utilize the Platform, the Medical Practitioner may, during the course of your use of the Platform, determine that your medical condition and/or treatment requires an in-person examination or a procedure and/or that the Platform is otherwise not appropriate for you. In such a case, you may receive a notice from your Medical Practitioner notifying you that you should seek medical care or treatment outside of the Platform and/or that you may be unable to continue using the Platform, among other things.

1.3 Twin Platform and Services.

Subject to these Terms, you are authorized to use the Platform and avail any Service, on a non-exclusive, limited, non-transferable, revocable basis, along with the Twin Materials if given solely for your personal, non-commercial use. Twin reserves all rights not expressly granted herein in the Services and the Twin Materials. Twin may terminate this authorization at any time for any or no reason. After any termination, these Terms, including all of your obligations under these Terms prior to such termination, will remain in full force and effect and will govern any and all disputes arising out of your access and use of the Service and the Twin Materials.

1.4 Accounts and Registration

Subject to your eligibility to use the Platform and compliance with these Terms, you may use the Platform and any Service. Some features of the Platform may be available without registration; however, to access most features of the Platform, you must register for an account. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account has been compromised or corrupted or is no longer secure, then you must immediately notify us at care@twinhealth.com. You must ensure that you exit or log out of your account at the end of each session. Furthermore, Twin reserves the right to take any and all action, as it deems necessary, regarding the security of our Platform and your account and password information. Under no circumstances will Twin or any of its officers, directors, employees, consultants, agents, suppliers and customers associated with the Service, or any affiliated individuals or entities, including the Medical Practitioner, Wellness Coach, and/or any professional corporation that employs or contracts with any Medical Practitioners be held liable to you for any liabilities or damages resulting from your failure to comply with these Terms, including any failure by you to keep your account and password or other information secure. Twin may hold you liable for losses incurred by itself or any other user or visitor due to authorized or unauthorized use of your account or as a result of your failure in keeping your account and password confidential.

1.5 Prohibited Conduct.

In consideration for access to the Platform, you agree not to:

(a) use the Platform to compete with the Twin in any manner;

(b) use the Platform for any illegal purpose, or in violation of any applicable law or regulation, including, without limitation, any local, state, provincial, territorial, national, or international law;

(c) use the Platform in any manner that would defame, abuse, harass, threaten or otherwise violate the legal rights of others;

(d) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property or privacy right;

(e) upload any files that contain software or other material protected by applicable intellectual property laws, unless you own or control the rights thereto or have received all necessary consents;

(f) post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

(g) interfere with security-related features of the Site or the App, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Platform except to the extent that the activity is expressly permitted by applicable law;

(h) interfere with the operation of the Site or the App or enjoyment of the Platform of any user, Medical Practitioner or Wellness Coach, including by: (i) uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement; (iii) attempting to collect personal information about others; (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide any Service; (v) violating any regulation, policy, or procedure of any network, equipment, or server; or (vi) manipulating or otherwise displaying the Service by using framing, mirroring or similar navigational technology;

(i) attempt to gain unauthorized access to any portion of feature of the Site or the App or any other systems or networks connected to the Site or the App, to servers operated by us, or to any part of the Site or the App, including by way of hacking, password mining or any other illegitimate means;

(j) Probe, scan or test the vulnerability of the Site or the App or any network connected thereto, nor breach the security or authentication measures on the Site or the App or any network connected to the Site or the App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to the Site or the App, or any other customer, including any account not owned by you, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the Platform;

(k) engage in any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service, without permission, or falsifying your age or date of birth or any other information provided or submitted to the Service;

(l) sell or otherwise transfer the access to the Platform or any Twin Materials; or attempt to do any of the acts described in this section, or assist or permit any person in engaging in any of the acts described in this section.

2.Mobile Software.

2.1 Mobile Software and Equipment. We may make available the App or other software to access the Platform via a mobile device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. Twin does not provide you with equipment to use the App and does not warrant that the Mobile Software will be compatible with your mobile device. You may use data in connection with the Mobile Software and may incur additional charges from your wireless provider. You are responsible for complying with any third-party terms of service and paying all fees charged by third parties to access and use the App, including, without limitation, the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of the Platform (such as data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). You agree that you are solely responsible for any such charges. Twin hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software on mobile devices owned or leased solely by you, and in accordance with the features made available to you. You may not: (a) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (c) make any copies of the Mobile Software; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (e) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Twin may from time to time make available upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Twin or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Twin reserves all rights not expressly granted under these Terms. The Mobile Software may be subject to the import and export laws of various countries. You agree to comply with all applicable laws related to use of the Mobile Software and the Service.

2.2 Twin’s SMS or Text Messaging Services. By using the Platform, you are automatically enrolled to receive SMS/text messages from Twin regarding account-related news and alerts and/or offers for Twin products and services. By enrolling in Twin’s SMS/text messaging service, you hereby authorize Twin to send you SMS/text messages and agree to receive the text messages from us on your mobile phone number provided, and you certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system and that standard message and data rates apply. To unsubscribe from text messages at any time, reply to the message you received with the text STOP. You consent that following such a request to unsubscribe, you may receive one final text message from Twin confirming your request. For help under this section, contact us at care@twinhealth.com. You agree that your contact number supplied by you as part of registration information is not part of any ‘do not call’ registry or equivalent and that unless otherwise specified by you, we may use such information to send you communication, notices or alerts which may be transactional, informational or promotional in nature, from time to time.

2.3 Mobile Software provided from App Store by Apple. The following applies to any Mobile Software you acquire from the App Store (“App Store-Sourced Software”): You acknowledge and agree that these Terms are solely between you and Twin, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Twin as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Twin as provider of the software. You acknowledge that, in the event of any third-party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringes that third-party’s intellectual property rights, Twin, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Twin acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries to these Terms as relates to your license of the App Store-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as they relate to your license of the App Store-Sourced Software against you as a third-party beneficiary thereof.

2.4 Mobile Software provided from Google Play Store. The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms are between you and Twin only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (d) Twin, and not Google, is solely responsible for its Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Twin’s Google-Sourced Software.

2.5 All the data is collected from the third party sensors to monitor your blood glucose, hypertension, ketone level, sleep, steps, heart rate, BMI, muscle mass & water content. The data you are providing with these third party sensors are protected by HIPPA policy.

3. Consent to Use of Telemedicine Services.

3.1 As part of the Services on the Platform, Twin will facilitate the connection between you and the Medical Practitioner. Telemedicine services involve the delivery of healthcare using electronic communications, information technology or other means between the Medical Practitioner and a patient who are not in the same physical location. While the provision of telemedicine services may offer certain potential benefits, there are also potential risks associated with the use of telemedicine services.

3.2 You acknowledge that you have been provided with necessary information and based on the same, you provide your consent, authorization for the Medical Practitioner, associated doctors, assistants to provide remote telehealth services, including use of the Platform offered by Twin. You understand that you may withdraw your consent and discontinue treatment at any time, however, Twin may not provide you with the Service in such cases. Twin may suspend your account or terminate your access to the Service if you withdraw consent. You acknowledge that the Medical Practitioner has informed you of alternative methods and therapies that you want to undertake in comparative to the proposed treatment / intervention, their respective benefits, material risks and disadvantages, if any. You understand that the proposed telemedicine treatment has certain material risks / complications, and have been provided with the requisite information about the same, including that there are other undefined, unanticipated, unexplainable risks / complications that may occur during or after the proposed treatment / intervention. You also confirm that the Medical Practitioner has answered all questions to your satisfaction regarding the proposed treatment, however, that despite best efforts there can be no assurance about the results or outcome of the proposed treatment / intervention and that you have not been given any guarantee or warranty about the results or outcome of the proposed treatment / intervention.

3.3 In order to utilize all features of the Platform, you will be required to review the Terms and other policies and provide consent to the use of telemedicine services from a Medical Practitioner and Wellness Coach assigned by us or your Medical Practitioner, if you have been referred to our Service, and we may reasonably rely on such consent. If you have not provided consent for the Service, Twin reserves the right to disable your access to or use of our App and Site. You should seek emergency help or follow-up care when recommended by a Medical Practitioner or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. Among the intended benefits of our Platform are improved visibility to healthcare professionals and convenience. However, as with any healthcare service, there are potential risks associated with the use of telehealth services. The risks include, but may not be limited to: In rare cases, information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate healthcare decision making by the Medical Practitioner; Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication; In rare cases, a lack of access to all of your health records may result in adverse drug interactions, hypoglycemic/hyperglycemic events, allergic reactions or other judgment errors. These conditions elucidated above are indicative and not exhaustive.; Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, security protocols can fail or be breached, causing a breach of privacy of personal health information.

3.4 By accepting these Terms, you acknowledge that you understand and agree with the following: Although you may reasonably expect the intended benefits from the use of the Services, no benefits or results can be guaranteed or assured. You understand that the laws that protect the privacy and security of health information may apply to aspects of the Services, and you have read the Privacy Policy, which describes these protections in more detail. The Medical Practitioner may determine that the Platform is not appropriate for some or all of your needs, and accordingly may elect not to facilitate telehealth services to you through the Service.

3.5 You undertake to report any instance of non-compliance of applicable law, as part of the consultation with Medical Practitioner, interaction with Wellness Coach and other processes or systems on the Platform, including the Ethics Regulations and Telemedicine Guidelines at the earliest to Twin and provide your fullest cooperation and support to fulfil reporting obligations applicable to us.

3.6 Wherever applicable, your use of our Platform in addition to these Terms and the Privacy Policy is also governed by the contract entered into between you and your Medical Practitioner.

4. Privacy Policy.

Twin understands the importance of confidentiality and privacy regarding your information. Please see our Privacy Policy located on our website for a description of how we may collect, use and disclose your personal information. By accepting these Terms, in addition to any other applicable privacy notices, you acknowledge and agree that you have read and understand our Privacy Policy.

5. Pricing, Charges, and Payment Terms.

5.1 Health Plan and Employer Provider Pricing and Payment Terms. If you are a health plan or employer provider, or if you are an individual using the Platform under a health plan or employer provider, the pricing and payment terms are between the health plan or employer provider and Twin and such terms are set forth in a separate agreement between the health plan or employer provider and Twin.

5.2 Individual Pricing and Payment Terms. If you are not accessing or using the Platform under your health plan or employer provider, then you are accessing or using the Service on an individual basis. If you elect to use aspects of the Platform through your Medical Practitioner, you agree to the pricing and payment terms as set forth in your account or made available to you online. Twin may add new services for additional fees and charges and to add or amend fees and charges for existing services. Any change to our pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in these Terms. All fees payable on the Platform are payable to Twin directly (“Fees”).

5.3 Fees. You agree and acknowledge that the Fees payable by you at the time of registration entitles you to avail the Services, subject to compliance with the Terms and applicable laws, for the period the payment has been made for. At the time of payment, you may be provided with various payment options, including payment in full or in a staggered manner, as may be specified from time to time. You agree that your continued access to the Platform and the Services is subject to timely payment of your Fees and Twin reserves the right to deny you access to the Platform or any of its Services in the event of your default to pay any scheduled amount or any renewal fees payable.

5.4 Refunds. You may cancel the any Service on the Platform or account on notice to us (at care@twinhealth.com); however there are no refunds for cancellation. In the event that we suspend or terminate your account or these Terms for good reason (e.g., your violation of these Terms), you understand and agree that you will receive no refund.

5.5 Access and Connectivity. You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the App or the Site) to enable use of the Platform. Twin reserves the right to change the access configuration, including any software, hardware or other requirements of the Service at any time without prior notice.

5.6 Medical Equipment. The Medical Practitioner may prescribe medication and use of medical equipment on the Platform, including medical supplies, e.g., diabetic test supplies, including blood sugar and blood ketone strips, which needs to be sourced by you, either through our Platform or through external vendors. The timing, fees, quantity and terms of all such supplies shall be at the Medial Practitioner’s sole discretion.

6. User Content

6.1 User Content Generally. Certain features of the Platform may permit users to upload content to the Platform (including without limitation the patient portal) or allow us or your Medical Practitioner to input information into the Platform, including messages, reviews, photos, video, images, folders, data, text, and other types of information (“User Content”) and to publish User Content on the Platform.

6.2 Limited License Grant to Twin. By posting or publishing User Content, you grant Twin a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed); all without obligation to notify or compensate you or attribute such Content to you.

6.3 Limited License Grant to Other Users. By posting and sharing User Content with another user of the Platform, you grant that user a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Platform.

6.4 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that: you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, to use and to authorize Twin and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you and in the manner contemplated by Twin, the Platform, and these Terms; and your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Twin to violate any law or regulation.

6.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. Twin may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Platform you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Twin with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Twin does not permit or encourage copyright-infringing activities on the Platform.

7. Intellectual Property Violation.

7.1 Notification. We respect the rights of third parties in their intellectual property. If you have an intellectual property rights-related complaint about material posted on the Platform, you may contact us at the following address: Twins Digital Services India Private Limited, E Block, 9th Floor, IITM Research Part, Kanagam Road, Taramani, Chennai, Tamilnadu, India- 600 113. E-mail: care@twinhealth.com. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (b) a description of the copyright-protected work or other intellectual property right that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the Platform; (d) your address, telephone number, and email address; (e) a statement by you that you have a good-faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

7.2 Repeat Violations. Twin will promptly terminate without notice the accounts of users that are determined by Twin to be a “repeat violator.” A repeat violator is a user who has been notified of infringing activity or has had User Content removed from the Platform at least twice.

7.3 Nothing contained in this clause may be perceived as a limitation to the ability of Twin to suspend user accounts for user content violations in the first instance.

8. Third-Party Services and Linked Websites

The Platform may also allow you to display, use, include or make available content, data, information, applications or materials from third parties, including, without limitation, content, data, information, applications or materials (“Third Party Materials”). By requesting an import of Third Party Materials, you agree that we may import that information from the applicable third-party service. Twin may also provide tools through the Platform that enable you to export information, including User Content, to third-party services. By requesting an export of information, including User Content, to third-party services, you agree that we may export that information to the applicable third-party service. Third-party services are not under our control, and we are not responsible for any third-party service’s use of information you provide or information you export or disclose. When you use any Third Party Materials or third-party services, you do so at your own risk and you understand and agree that you are solely responsible for reading, understanding, and complying with any terms of use and/or privacy policies that apply to such third parties’ terms of use and privacy policy. The Platform may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content. Twin is not responsible or liable for the availability, reliability, content, functions, accuracy, legality, appropriateness, services, materials or any other aspect of such Third Party Materials or third-party websites that link to or from the Service or are otherwise referenced on the Platform. Twin also does not accept any responsibility for technical failures or for unauthorized access of user transmissions by any third parties. If you choose to use Third Party Materials and third-party websites together with the Platform, such use is entirely at your discretion and risk.

9. Termination of Use; Discontinuation and Modification of the Service.

If you violate any provision of these Terms, your permission from to use the Platform will terminate automatically. In addition, Twin may in its sole discretion terminate your user account on the Platform or suspend or terminate your access to the Platform at any time, with or without notice. We also reserve the right to modify or discontinue the Platform, any features thereof, or any Services at any time without notice to you. We will have no liability whatsoever on account of any change to the Platform or any suspension or termination of your access to or use of the Platform. You may terminate your account at any time by contacting customer service at support@twinshealth.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, relating to your use of the Platform incurred prior to termination.

10. Additional Terms.

Your use of the Platform is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or certain features of the Platform that we may post on or link to from the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that are applicable to a particular feature or content on the Platform. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

11. Modification of these Terms

We reserve the right, at our sole discretion, to change or update these Terms from time to time. Please check these Terms periodically for changes or updates. Immaterial modifications are effective upon publication. If a change or update to these Terms materially modifies your rights or obligations, we will update the “last updated” date at the top of this page and make reasonable efforts to notify you that material changes have been made to the Terms. Your continued use of the Platform after any such change or update constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the Platform.

12. Ownership; Proprietary Rights

The Platform is owned and operated by Twin Health Inc.. The visual interfaces, trademarks, graphics, names, logos, marks, content (other than User Content), design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Twin Materials”) are the intellectual property of Twin Inc. and are protected by intellectual property and other laws. All Twin Materials contained in the Platform and all trademarks, service marks, patents, copyrights and any and all other intellectual property rights and proprietary material related thereto are, and will remain, the exclusive property of Twin Inc. or our third-party licensors. Except as expressly authorized by Twin Inc., you may not copy, republish, post, display, translate, transmit, reproduce, distribute or otherwise make use of the Twin Materials. The information displayed on the Platform is for your personal use only. Twin Inc. reserves all rights to the Twin Materials not granted expressly in these Terms. If at any time, you make any submissions, including but not limited to suggestions, feature ideas, bug reports, comments, you assign all rights in these submissions to us. Twin Inc. shall be entitled to use such submissions for any purpose, whatsoever, without compensation to the maker. In any event, such submissions are not and will not be treated as confidential and we will not be liable for any disclosure of submissions.

13. No Medical Advice.

We act as a technology platform to connect you with Medical Practitioners who may be available to provide you with certain non-emergency medical care, however Twin is not itself a healthcare provider, and the Medical Practitioners are solely responsible for providing you with any medical care and treatment you receive in connection with your use of the Service. We do not manage, control or interfere with the practice of medicine by the Medical Practitioners, each of whom is responsible for the professional medical services he or she provides. The information provided by Twin as part of the Twin Materials and through the Platform is for general informational purposes only. None of the Twin Materials should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

14. Indemnity.

You agree that you will be responsible for your use of the Platform, and you agree to defend and indemnify Twin from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Platform; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

15. Non-Secure Communications.

Twin is required to comply with applicable healthcare privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to your Medical Practitioner during a medical consultation is legally confidential, except for certain legal exceptions. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Privacy Policy and Notice of Privacy Practices, currently available on our website. As part of providing you the Services, we will communicate to you via email and text message. Email and text messages are not secure methods of communication and Twin cannot ensure the security or confidentiality of messages sent by email and/or text message. Information, including personal health information, transmitted by email or text message is not encrypted and could be read by a third party. If you would prefer not to exchange personal health information via email or text message, please notify us at PrivacyIndia@TwinHealth.com.

16. Disclaimers; No Warranties.

WHILE THE PLATFORM FACILITATES ACCESS TO CERTAIN MEDICAL PRACTITIONERS FOR NON-EMERGENCY MEDICAL CARE, TWIN IS NOT A HEALTHCARE PROVIDER AND CANNOT AND DOES NOT DIAGNOSE OR TREAT YOUR HEALTH CONDITIONS. TWIN PROVIDES NO ENDORSEMENT, REPRESENTATION OR WARRANTY THAT ANY PARTICULAR MEDICATION OR TREATMENT USED BY THE MEDICAL PRACTITIONERS IS OR WILL BE SAFE, EFFECTIVE OR APPROPRIATE FOR YOU. DO NOT USE THE PLATFORM OR SERVICES FOR MEDICAL EMERGENCIES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL THE CONTACT NUMBER FOR EMERGENCY SERVICES IN YOUR REGION IMMEDIATELY. THE PLATFORM AND ALL TWIN’ MATERIALS AND ALL CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT ALLOWED BY LAW, TWIN DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM AND ALL TWIN MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TWIN DO NOT WARRANT THAT THE PLATFORM OR ANY PORTION OF THE SERVICE, OR ANY TWIN MATERIALS OR CONTENT OFFERED THROUGH THE PLATFORM, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR ACCESS TO, USE OR MISUSE OF, OR INABILITY TO USE THE PLATFORM, YOUR DEALINGS WITH ANY MEDICAL PRACTITIONER OR OTHER USER, AND ANY TWIN MATERIALS OR ALL CONTENT AVAILABLE THROUGH THE PLATFORM. YOU UNDERSTAND AND AGREE THAT YOU USE THE PLATFORM, AND ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN TWIN MATERIALS OR CONTENT THROUGH THE PLATFORM AND ANY ASSOCIATED SITES OR PATFORM, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PLATFORM), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE PLATFORM OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED BY LAW.

17. Limitation of Liability.

IN NO EVENT WILL TWIN BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY TWIN MATERIALS OR CONTENT ON THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY MEDICAL ADVICE OR TREATMENT BY THE MEDICAL PRACTITONER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TWIN HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. ABSENT OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, YOU AGREE THAT THE AGGREGATE LIABILITY OF TWIN TO YOU, FOR ALL CLAIMS ARISING OUT OF, OR RELATING TO, THE USE OF OR ANY INABILITY TO USE, ANY PORTION OF THE PLATFORM OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT TWIN HAS RECEIVED FOR YOUR ACCESS TO AND USE OF THE PLATFORM IN THE TWELVE MONTHS PRIOR TO THE CLAIM; OR (B) TEN THOUSAND RUPEES (Rs 10,000). TWIN SHALL IN NO EVENT BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH THE YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE THE PLATFORM. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF TWIN KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN YOU AND TWIN. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18. Disagreements between Users.

You alone are responsible for your communications, interactions, agreements, representations, promises or any other involvement with other Users. Twin reserves the right, but has no obligation, to monitor disagreements between you and other Users. If you have a dispute with one or more Users, you irrevocably and forever release Twin from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

19. Insurance Services

Twin is not registered with the Insurance Regulatory and Development Authority of India (IRDAI) to carry on the business of general insurance and is not in the insurance business. However, your Medical Practitioner and/or a the organization your Medical Practitioner is affiliated to may be registered with IRDAI to carry on the business of general insurance and would be required to comply with the provisions of the Insurance Act 1938, Insurance Regulatory and Development Act, 1999 and Insurance Amendment Act, 2015 and rules, regulations and any other order and circular issued thereunder and any other applicable laws of India and therefore a Medical Practitioner or the entity your Medical Practitioner is affiliated to and/or Twin may be subject to certain regulatory requirements. Please check with your Medical Practitioner as to usage and disclosure of information. Twin may be a “business associate” of the Medical Practitioner, and as a result, as and to the extent Twin is in fact a “business associate” of Medical Practitioners, Twin’s use and disclosure of your information will be limited as and to the extent permitted by applicable law and regulations, which may include, for example, providing you with certain communications via emails, text messages or in app messages that contain information, such as appointment reminders, encouragement, and advice. If you would prefer not to exchange information via email or text message, please notify us at PrivacyIndia@TwinHealth.com. You may also request we update, correct, or delete your information by contacting us at PrivacyIndia@TwinHealth.com; provided however, that we may retain any information that we are required to maintain in accordance with applicable law and regulations. We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

20. Forums and Interactive Services:

There may be interactive services within the Platform such as blogs, chat rooms, forums, instant messaging etc., and other service member zones that allow them to input their data, details, materials, comments or other similar communications. Using such services on the Platform, the User should realize that they are open for wide access and review, and any personal data that he/she published or provided during registration may become viewable by third parties. Twin is not responsible for the security of the User’s information that is passed by the User to third parties or provided during use of such services. Materials that will be placed by the User in such areas of the Platform will be stored in systems/devices of Twin as per Twin’s policy, if otherwise not directly documented in each particular case.

21. Governing Law.

These Terms are governed by the laws of the India without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and Twin agree to submit to the personal and exclusive jurisdiction of courts in Chennai for the purpose of litigating any dispute. We also agree that Twin may seek interim equitable relief in any court having jurisdiction. We deliver the Service from our offices in India, and we make no representation that Twin Materials included in the Service are appropriate or available for use in other locations.

22. General.

These Terms and any Additional Agreements are the entire and exclusive understanding and agreement between you and Twin regarding your use of the Platform. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive, will survive.

23. Dispute Resolution and Arbitration.

23.1 Generally. In the interest of resolving disputes between you and Twin in the most expedient and cost-effective manner, you and Twin agree that every dispute arising in connection with these Terms (including those involving others) will be resolved by binding arbitration, except as noted below. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.

23.2 Exceptions., we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to: (a) bring an individual action under the Consumer Protection Act prior to demanding arbitration as set forth below; (b) timely pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law at any time; or (d) to file suit in a court of law to address an intellectual property infringement claim at any time.

23.3 Arbitrator. Any arbitration between you and Twin will be governed by Arbitration and Conciliation Act, 1996.

23.4 Notice. Anyone who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”). The address for Notice to Twin is: Twins Digital Services India Private Limited, E Block, 9th Floor, IITM Research Part, Kanagam Road, Taramani, Chennai, Tamilnadu, India- 600 113..

23.5 Demand. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We each agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Twin may commence an arbitration proceeding. The litigants will have the ability to take discovery on and exchange relevant information, on a confidential basis, about the dispute. During the arbitration, the amount of any settlement offer made by you or Twin must not be disclosed to the arbitrator until after the arbitrator makes a final, decision and award, if any. Except as required to comply with law or other obligations, the arbitration proceedings, filings and outcome shall be confidential.

23.6 Fees. Any arbitration hearing will take place at a Chennai. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, you agree to reimburse Twin for all monies previously disbursed by Twin.

23.7 Modifications. If Twin makes any future change to this arbitration provision (other than a change to Twin’s address for Notice), you may reject the change by sending us written notice within 30 days of the change to Twin’s address for Notice, in which case your account with Twin will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.

23.8 Enforceability. If any portion of Section 23 is found to be unenforceable, then Twin can elect to construe the entirety of this Section 23 to be null and void and, but in any event, we each agree that the exclusive jurisdiction and venue provisions will govern any action arising out of or related to these Terms.

24. Consent to Electronic Communications.

By using the Platform, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

25. Contact Information.

The Service is offered by Twins Digital Services India Private Limited. You may contact us by sending correspondence to that address or by emailing us at care@twinhealth.com.

26. Individual patient's results may vary depending on the years of diabetes, health condition of the patient, overall program adherence among many other factors.

27. Twin doesn't promote its Whole-Body Digital Twin (“WBDT”) technology as a cure to Diabetes. Nor does it claim permanent healing or making someone Non-Diabetic. Twin helps its members reverse Diabetes completely and live an energetic, happy life full of vitality.

28. The Health Counsellor consultation calls will be recorded for our internal training and quality purposes Service notice: The healthcare provider will make reasonable efforts to provide advance notice to the patient or their representative of any scheduled service interruption, including but not limited to maintenance, repairs, or upgrades to equipment or systems. In the event of an unforeseen service interruption, the healthcare provider will make every effort to restore service as soon as possible and will provide notice to the patient or their representative as soon as practical. The healthcare provider shall not be liable for any damages or losses resulting from any service interruption, except to the extent such interruption is due to the provider's willful misconduct or gross negligence. This clause outlines the healthcare provider's responsibility to provide notice to patients or their representatives in the event of scheduled or unscheduled service interruptions, as well as the provider's limitations on liability for damages resulting from such interruptions.