Terms of Service

I. Definitions

A. Parties.

1. "You" and "your" shall refer to the user of the Service.
2. "We," "us," and "our" and "Company" shall refer to Liby Health, Inc. and its affiliates and subsidiaries, if any.

B. Service or Services shall refer to Company's website (libyhealth.com) and mobile applications, the courses, including Learn with Liby and the Learn with Liby Care Partner Course, each a "Course" and collectively, the "Courses" and all related tools, features, and offerings provided by Company.

C. Account shall refer to your credentials and associated rights to access and utilize the Service.

D. Content shall refer to text, images, photos, audio, video, branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and all other forms of data or communication whether provided by you, Company, or a third party.

II. Changes to These Terms of Service

Company may revise and update these Terms of Service, including adding and deleting terms. All changes are effective upon posting on Company's website, and Company will provide notice of material changes by email to your registered account or through a prominent notice on the Service. If you do not agree to the revised terms, your recourse is to stop using the Service or close your Account. Continued use of the Service following a change to the Terms of Service indicates your acknowledgement and your agreement to be bound by the revised Terms of Service.

III. Modification, Suspension, or Termination of the Service

Company reserves the right to modify, suspend, or terminate, temporarily or permanently, the Service or any feature or component of the service, in whole or part, to any individual, group, or everyone, for any reason at Company's sole discretion.

IV. Governing Law

These terms of service, and all claims arising out of or relating to these terms, will be governed by the laws of Delaware, without regard to its conflicts of law principles.

V. Eligibility

A. You may not use the Service if Company has previously suspended or removed you from the Service.

B. By using the Service, you represent:

1. If you are an individual, that you are at least 18 years of age;
2. If you are a company or organization, that the person creating the account has the authority to act on behalf of that entity, and that such entity accepts these terms;
3. You have not been previously suspended or removed from the Service; and
4. Your registration and your use of the Service complies with all applicable laws and regulations, and you acknowledge the Services and resources are intended for United States residents only.
5. You are a resident of the United States.

VI. Privacy

Our Privacy Policy, which describes how we collect, use, and disclose information about you, can be found at https://libyhealth.com/privacy and is incorporated into these Terms by reference. By using the Service, you consent to our collection, use, and disclosure of your information as described in the Privacy Policy.

VII. Accounts

A. Except for portions of the Service which Company allows users to access without registration, you must establish an Account with Company to use the Service. Access to the Course requires registration through the Teachable platform. Your account is governed by both these Terms of Service and the Teachable Terms of Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

B. You agree to provide accurate, current, and complete information about yourself and to use the account management tools to keep such information accurate, current, and complete.

C. You also agree to keep your password confidential. You should not reuse your account password for the Service for other applications or services. You also acknowledge that your account belongs only to you and agree not to provide any person other than you (if an individual) or not acting as your agent (if a company or organization) with access to this Service or portions of it using your user name, password or other security information. You are responsible for maintaining the security of your account and password, and you are responsible for all actions taken with your account.

D. You may deactivate your User Account and end your registration at any time, for any reason. To deactivate your account, email support@libyhealth.com with your request. We will unenroll you from our Courses on the Teachable platform and delete or anonymize the personal information we hold about you (subject to the retention periods described in our Privacy Policy) within 30 days of receipt. Your underlying Teachable Account, if any, is governed separately by Teachable's terms and must be managed through Teachable directly. Upon deactivation, you will lose access to your account and associated data. Company will retain certain information as required by law or for legitimate business purposes as described in our Privacy Policy.

E. Company does not guarantee uninterrupted or error-free access to the Course. The Course may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We reserve the right to modify, suspend, or discontinue the Course (or any part thereof) at any time, with reasonable notice when practicable.

F. Access to the Course is provided at the sole discretion of Liby Health, Inc. We reserve the right to modify, suspend, or terminate your access to the Courses, in whole or in part, at any time and for any reason. In the event of a material change to Course access or availability, Company will provide you with at least thirty (30) days' notice before such changes take effect. Notice will be delivered through the Course platform or sent to the email address associated with your registered account.

VIII. Services

Liby Health, Inc. operates Learn with Liby, a self-paced, online educational course about Post Intensive Care Syndrome (PICS) and Learn with Liby Care Partner Course, which provides PICS-F content for family members and care partners of Intensive Care Unit (ICU) survivors. The Course provides information and educational resources for ICU survivors and their families, to help them understand the physical, cognitive, and emotional aspects of recovery after critical illness. Our Services are not a replacement for medical care, and we do not provide medical advice, diagnosis, or treatment. You should always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or accessed through the Service. No provider-patient relationship, therapist-client relationship, or other professional healthcare relationship is created through the Services, even if facilitated by Licensed Clinical Social Workers (LCSWs) or other licensed professionals. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

A. Important Medical and Health Disclaimers

THIS SECTION CONTAINS CRITICAL DISCLAIMERS. PLEASE READ CAREFULLY.

The Course is provided for educational and informational purposes only. Nothing in this Course constitutes medical advice, diagnosis, treatment, psychological counseling, psychiatric care, or any form of professional health care service.

The content in this Course is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, mental health provider, or other qualified health care professional with any questions you may have regarding a medical condition, including but not limited to Post-Intensive Care Syndrome.

Never disregard professional medical advice or delay in seeking it because of something you have read or encountered in this Course.

B. No Provider-Patient Relationship

Your use of the Services or the Courses does not create a provider-patient, therapist-client, or any other professional health care relationship between you and Liby Health Inc., its founders, employees, advisors, subsidiaries, affiliates, or any other person or entity associated with the Services or the Courses.

Liby Health does not and cannot provide individualized medical or psychological guidance. The Course presents general educational information about PICS and recovery, which may or may not be applicable to your specific medical situation.

C. Health-Related Activities

The Course includes self-assessment check-ins, breathing exercises, grounding techniques, and other activities. These are educational tools only and are not clinical instruments, therapeutic interventions, or diagnostic tools.

If any activity in this Course causes discomfort, distress, or worsening of symptoms, stop immediately and consult your health care provider. You participate in all Course activities at your own risk and discretion.

D. Crisis Resources

The Course references crisis support resources, including the 988 Suicide and Crisis Lifeline (call or text 988, available 24/7) and the Crisis Text Line (text HOME to 741741). These services are operated by third parties, not by Liby Health, Inc.

If you are in immediate danger or experiencing a medical emergency, call 911 (or your local emergency number) immediately. Do not rely on this Course, any crisis resource referenced herein, or any online resource as your sole means of emergency support.

Liby Health, Inc. provides references to these crisis services as a public resource. We make no representations or warranties regarding the availability, response time, quality, or outcomes of any third-party crisis service. These services are provided "as is" by their respective operators, and Liby Health is not responsible for any actions taken or not taken by these services.

E. Content Accuracy and Currency

While we strive to provide accurate, evidence-based educational content, medical knowledge evolves. The Course content reflects information available at the time of publication and may not reflect the most current research, guidelines, or clinical practices. Liby Health does not guarantee the completeness, accuracy, or timeliness of any information presented in the Course.

F. Use of the Service

Subject to strict compliance with these Terms of Service, Company grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Service and Courses for your use.

All rights not expressly granted are reserved by Company and its licensors and other third parties.

G. Communications by the Service

By accessing or using the Service or Courses, you consent to receive transactional and service-related communications from Company through the Service or via the contact information provided (e.g., email or push notifications). You may also opt in to receive promotional and marketing communications directly from Company. You understand that you may be charged by your carrier for certain communications, such as SMS messages. You may opt out of promotional communications at any time by following the unsubscribe instructions provided in such communications or by adjusting your account settings; however, you cannot opt out of transactional or service-related communications necessary for the administration of your account or the Program. Company does not share your contact information with third parties, affiliates, or other users for their own marketing or promotional purposes.

H. Description of the Services

Learn with Liby is a self-paced online educational course about Post-Intensive Care Syndrome (PICS). Learn with Liby Care Partner Course, provides PICS-F content for family members and care partners of ICU survivors. The Courses provide information and educational resources for ICU survivors and their families to help them understand the physical, cognitive, and emotional aspects of recovery after critical illness.

• Learn with Liby consists of multiple modules covering topics such as post-intensive care syndrome, fatigue and pacing, cognitive recovery, sleep, emotions, and life after critical illness, as updated from time to time.

The Course includes reading lessons, self-assessment check-ins, interactive activities, guided exercises, and reflective prompts. The Course also provides links to external resources, crisis support information, and suggestions for professional care.

Company reserves the right to modify, add, or remove features of the Service at any time with reasonable notice to users.

I. Prohibited Activities

You agree that you will not, and you will not attempt to:

1. Copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, or use the Service and/or information provided therein to create a derivative work;
2. Decompile, disassemble, and/or reverse engineer any portion of the Service, including any included third-party content or services;
3. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
4. Distribute viruses or other harmful computer code through the Service or through any third-party content or service;
5. Use the Service to send or facilitate the sending of mass unsolicited data packets, SMS texts, e-mails, or other traffic, such as distributed denial of service (DDoS) or "spam" communication efforts;
6. Use or access for the benefit of an entity subject to economic sanctions in the United States;
7. Use or grant access that would violate the import or export laws of the United States;
8. Use the Service to violate any local, state, or national law;
9. Use the Service in any way that harms Company, its service providers, suppliers, affiliates, or any other user of the Service;
10. Harvest any information from the Service;
11. Take any action that, at Company's sole discretion, is deemed to impose an unreasonable or disproportionately large load on Company's infrastructure or otherwise make excessive traffic demands of the Service;
12. Conduct automated queries or other automated activity with the purpose of obtaining information from the Service;
13. Attempt to gain unauthorized access to the Service, user accounts, computer systems, or networks connected to the Service;
14. Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
15. Deny access or use of the service to any user other than yourself;
16. Commit, incite, or threaten an act of violence through the Service;
17. Defame another through the Service;
18. Violate the privacy of another through the Service;
19. Engage in conduct that Company, at its discretion, finds vulgar, obscene, or offensive;
20. Remove any copyright, trademark, or other proprietary notices from Course materials;
21. Share your account credentials with others or allow unauthorized access to Course materials;
22. Present Course content as professional medical advice, diagnosis, or treatment;
23. Use Course content to provide health care services or clinical guidance to others;
24. Use Course for any commercial purpose; and
25. Otherwise use the Service in any manner that exceeds the scope of use granted above.

J. User-Generated Content

Certain Course features such as interactive activities, reflections, and builders allow you to create personal content (e.g., communication scripts, support plans, win cards). This user-generated content remains your property. However, by using these features, you acknowledge that:

1. Any content you create is for your personal use only and is not reviewed, endorsed, or validated by Liby Health, Inc.;
2. User-generated content does not constitute medical advice or a care plan; and
3. Liby Health, Inc. has no obligation to store, maintain, or back up user-generated content.

IX. Course Acknowledgment and Affirmative Consent

By enrolling in the Course and accessing the Service, you provide your affirmative express consent to the following statements, which summarize critical obligations detailed in Section VIII:

• You acknowledge that this Course is for educational purposes only and is not a substitute for professional medical or mental health care, as detailed in Section VIII.A and VIII.C.
• You acknowledge that Liby Health, Inc. and its facilitators (including Licensed Clinical Social Workers) are acting solely in an educational capacity. No provider-patient or therapist-client relationship is created through your participation, as detailed in Section VIII.B.
• You understand that if you are in crisis, you should call 988 or 911 immediately. You acknowledge that Liby Health, Inc. does not provide emergency services, as detailed in Section VIII.D.
• You certify that you are 18 years of age or older.

X. Fees and Payment

A. The Course may be offered on a free, paid, or promotional basis, as indicated at the time of enrollment. Pricing for paid Courses will be clearly disclosed before enrollment, and you will not be charged without your express authorization. We reserve the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Service. Any pricing changes will not affect users who enrolled during a free access period, unless otherwise communicated with reasonable advance notice.

B. If applicable, you agree to pay all fees or charges incurred by your Account in accordance with the fees, charges, and billing terms posted on the Service and in effect at the time a fee or charge is due and payable. All fees are stated in U.S. dollars unless otherwise specified. Fees are non-refundable except as expressly provided in these Terms or required by law.

C. By providing the Company with your credit card number and associated payment information, you agree that we are authorized to charge your payment method for all fees and charges due and payable to the Company under these Terms in accordance with the billing schedule disclosed to you at the time of purchase. You will receive notice of charges via email to your registered email address. You represent and warrant that you have the legal right to use any payment method you provide to us.

D. Payment processing for the Course is provided by Stripe and is subject to the Stripe Services Agreement and other applicable Stripe terms. By making a payment through the Service, you agree to be bound by Stripe's terms and conditions. You acknowledge that Liby Health, Inc. does not collect, process, or store your full credit card numbers or other sensitive financial account information on its own servers; all such information is provided directly to Stripe, whose use of your personal information is governed by their own Privacy Policy.

XI. Third Party Content and Websites

A. Company's Service may provide access to outside content. Additionally, the Service may include third-party applications, products, or services. Company may also offer Service through other third-party services.

B. Your use of third-party content and services, whether on the Service or elsewhere, is subject to all terms, conditions, practices, and policies set forth by those services and are at your own risk. Company makes no representations or warranties with respect to third-party applications, products, or services, or how they operate, including operations including the privacy, security, exchange, and transmission of your data. Company does not endorse nor holds responsibility for information, practices, and policies of third-party content and services.

C. As Company is distinct from any third-party content or services with whom Company partners for the Service (including but not limited to Teachable, Stripe, and Tally), or to which Company otherwise links, you acknowledge and agree that Company is not responsible for the technical availability, quality, integrity, safety, accuracy, or legality of such third-party resources. Further, except for the Company's express obligations regarding the secure transfer of data as outlined in our Privacy Policy, you acknowledge that Company shall not be responsible or liable, directly or indirectly, for any damage, harm, injury, or loss of any kind caused or alleged to be caused by or in connection with the use of or reliance upon any content, material, or services available through any third-party content or services.

XII. Dispute Resolution

A. Disputes

1. You and Company recognize that a bona fide dispute as to any matters arising out of or relating to these terms (including their validity, amendment, waiver or termination, and the consequences thereof) (a "Dispute") may from time to time arise.

2. In the event of the occurrence of such a Dispute, you or we may, by notice to the other party by email to legal@libyhealth.com have such Dispute referred for attempted resolution by good faith negotiations between you and our representative videoconference or written correspondence, to be completed within thirty (30) days after such notice is received ("Negotiation Period"). The Negotiation Period may be extended only by written consent of the parties.

B. Binding Arbitration

1. In the event that an agreement is not reached during the Negotiation Period, you or we agree that any Dispute except for those described in XII.C below, shall be adjudicated exclusively by binding arbitration. You or we may initiate such arbitration by written notice; you may serve us by mail at Liby Health Inc., c/o Legalinc Corporate Services Inc. (registered agent), 131 Continental Drive, Suite 305, Newark, DE 19713, and we may serve you by email at the email address you provided to us as part of your account registration.

2. General Arbitration Procedures

a. Unless the Parties agree on a different set of arbitration rules, the arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. 1 et seq., and conducted in accordance with the American Arbitration Association (AAA) Consumer Arbitration Rules.

b. If an in-person hearing is to be held and you and we do not agree to the locale where the hearing is to be held, the AAA initially will determine the locale of the arbitration. If a party does not agree with the AAA's decision, that party can ask the arbitrator, once appointed, to make a final determination.

Disputes may be resolved by submission of documents alone without in-person or telephonic hearings. For cases being decided by the submission of documents only, the AAA's rules for document-only arbitrations shall apply. Arbitrations will be document-only where no disclosed claims or counterclaims exceed $25,000, unless any party requests an in-person or telephonic hearing or the arbitrator decides that a hearing is necessary.

Any dispute regarding arbitrability of the Dispute or of this agreement to arbitrate shall be decided by the arbitrator.

d. Payment of all filing, case-management, administrative, hearing, and arbitrator fees will be governed by the AAA's rules and fee schedules, unless otherwise stated in these Terms of Service.

e. The arbitrator shall base their decision on these Terms, as interpreted under the governing law set forth in Section IV. The decision of the arbitrator shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered by any court of competent jurisdiction. The decision of the arbitrator shall be in the form of a written decision rendered within thirty (30) days after the conclusion of the arbitration hearing, such written decision to include the findings of fact and conclusions of law upon which it is based. The arbitrator shall be empowered to grant any award otherwise available in a court of law, subject to the limitations set forth in these Terms, including that monetary damages shall be limited to compensatory damages only, injunctive relief (including temporary restraining orders prior to rendering a final judgment), and reasonable attorneys' fees.

f. Other than as provided below, no arbitration or litigation shall be commenced between you and Company prior to or during the Negotiation Period, except for equitable remedies such as injunctive relief or specific performance.

g. The agreement to arbitrate contained in this Section XII shall continue in full force and effect despite the expiration or termination of this agreement.

C. Exceptions From Arbitration

You and Company each retain the rights to:

1. Have any claims resolved in small claims court on an individual basis within the scope of such court's jurisdiction; or
2. Bring an action in state or federal court to protect intellectual property rights such as copyrights, patents, moral rights, trademarks, trade secrets, and other confidential or proprietary information, but not privacy or publicity rights.

D. You and Company agree that, to the extent allowed by law, claims may only be brought against the other on an individual basis, and not on a class, representative, or collective basis. Each party may only seek or obtain individualized relief, and except as provided in "Batch Arbitration" below, disputes between the parties cannot be arbitrated or consolidated with those of any other person.

E. Batch Arbitration

1. In the event that, in a ninety-day period, 25 or more similar arbitration demands (demands with the same or substantially similar facts or claims and seeking the same or substantially similar relief) are submitted by parties represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to one-hundred (100) claimants each.

2. Upon notice of either party, the AAA shall group the claimants into batches of one-hundred (100), with a smaller final batch of remaining claimants if the number of claimants is greater than one-hundred (100). All the claims in each batch shall be resolved as a single consolidated arbitration with a single arbitrator appointed by AAA, one set of arbitration fees, and one hearing (if any) per batch, and one final award, provided the parties agree to cooperate in good faith to establish a process to establish individual issues.

XIII. Disclaimer of Warranties

A. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. BOTH THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.

B. The Company is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any Communication caused by the user, the Company, or a third-party. The Company is not responsible for any problems or technical malfunctions of network or phone lines, computer equipment or systems, servers, providers, software, email providers, or internet traffic, including injury or damage to you or any other person's computer related to or resulting from using our Site or the Services. Under no circumstances will the Company or any of its affiliates or third parties be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Services, or any content posted on or transmitted from the Site or relayed through the Services provided. The Company does not guarantee or promise any specific results from your use of the Site or the Services.

XIV. Limitations on Liability

A. THE SERVICE IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE." COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

B. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ANY OF ITS OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, ACTUAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF THE LEGAL THEORY, WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU ARISING FROM THESE TERMS, THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100 USD OR THE AMOUNT PAID BY YOU TO THE COMPANY FOR ACCESS TO AND USE OF THE SITE AND/OR THE SERVICES.

C. YOU RELEASE THE COMPANY AND HOLD IT AND ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDER, SUPPLIERS, AND PROVIDERS, AND ANY THIRD-PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE WEBSITE HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE AS CITED ABOVE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

D. To the extent the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

XV. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE COMPANY, ITS AFFILIATES, ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDER AND ANY SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER THIRD-PARTY PARTNERS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, DEMANDS, COSTS, AND EXPENSES OF EVERY KIND AND NATURE (INCLUDING ACTUAL, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO, YOUR USE OF THE SITE AND THE SERVICES. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAWS THAT LIMIT OR PROHIBIT SUCH A GENERAL RELEASE.

XVI. Additional Terms

A. The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. You acknowledge that you have not relied on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.

B. The failure of Company to enforce any right or provision of these Terms of Service does not constitute a waiver of future enforcement of any right or provision.

C. If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

D. The Terms, and any rights or obligations under them, are not assignable, transferable or sublicensable by you except with Company's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

E. You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and Company as a result of these Terms or your use of the Service.

Contact

Questions about these Terms of Service can be directed to legal@libyhealth.com.

Liby Health Inc.
c/o Legalinc Corporate Services Inc. (registered agent)
131 Continental Drive, Suite 305
Newark, DE 19713