OS HEALTH — TERMS OF USE (BETA)

Welcome to OS Health, operated by OS Health, LLC (“OS Health”, also referenced as “us”, “we” or “our”). Please review our Privacy Policy (“Privacy Policy”), available at https://oshealth.coach/privacy, for more information about how OS Health collects, uses, stores, and discloses your information.

These Terms of Use (Beta) (the “Terms”), together with our Privacy Policy (“Privacy Policy”) and (where applicable) any other service agreement that we have entered into with you which incorporates these Terms by reference, govern the relationship between the user of the Service (as defined below) (“You” or “Your”) and OS Health. By clicking to accept these Terms, You agree that these Terms govern Your use of the Service (as defined below) provided by OS Health, LLC.

Definitions. Definitions not otherwise defined in these Terms have the following meanings:

“Anonymized Data” means information that has been anonymized, deidentified, aggregated, or otherwise processed in such a way that it is not reasonably likely to identify, relate, or otherwise be traced back to, any identified or identifiable natural person.

“Confidential Information” means technical, business, financial, trade secret, product, services, and other information disclosed by or on behalf of one party (“Discloser”) to the other (“Recipient”), on or after the Effective Date, whether in writing or orally, that (i) is designated as "Confidential" or "Proprietary," or (ii) by the nature of the information or the circumstances surrounding disclosure, would be reasonably understood as confidential or proprietary.

“Documentation” means user manuals, handbooks, training material, requirements, and other written or electronic materials for the Service.

“Effective Date” means the earlier of (i) the date on which You first indicate Your acceptance of these Terms (whether via an online click-through form, a signed agreement, or through such other format or medium as mutually agreed by OS Health and You), or (ii) the date that You first begin to use the Service.

“Input Data” means the data that You submit to OS Health or to which You provide OS Health with access in order for You to use the Service.

“Output Data” means the data generated for and delivered to You by Your use of the Service.

“Personal Data” means any information relating to an identified or identifiable natural person, the processing of which is governed by the privacy and data protection laws, rules, or regulations applicable to You or to OS Health. Personal Data does not include Anonymized Data derived therefrom.

“Service” means the OS Health mobile software application made available to You by OS Health for beta testing under these Terms, together with the website located at http://oshealth.coach/ (the “Site”).

“Your Data” means the Input Data and Output Data.

Eligibility.

Eligibility to Use the Service. The Service is not intended for use by persons less than 18 years of age. You may not access or use the Service if You are under 18 years of age. If You do not meet these eligibility requirements, please delete any iteration of the Service that You have downloaded to Your device and do not access or use the Service.

Geographical Restrictions. OS Health provides the Service for use only by persons located within the United States. OS Health makes no representation that the Service is appropriate or available for use in locations outside the United States. If You are accessing the Service from outside the U.S., note that Your use of the Service entails the transfer of Your Data to the United States for storage and processing; as such, Your Data may not be processed in accordance with the data protection laws applicable in Your jurisdiction. We may also transfer Your Data from the U.S. to other countries or regions other than Your jurisdiction in connection with storage and processing of Your Data, fulfilling Your requests, and operating the Service. By submitting Your Data to the Service, You consent to such transfer, storage, and processing of such data.

Your Use of the Service.

License. Subject to these Terms, OS Health grants You a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service and Documentation for the term identified below solely for the purpose of testing and evaluating the Service during the Term. Except for the limited rights expressly granted to You herein, all rights, title, and interest in, and to any and all proprietary rights and intellectual property rights, including but not limited to copyright and patent rights, in the Service, Documentation and Anonymized Data, will remain with and be the exclusive property of OS Health. You agree that nothing contained in these Terms or elsewhere shall be constructed as granting You any ownership rights to the Service, Documentation or any other OS Health Confidential Information. You may use the Service solely for the purpose of testing the Service.

Limits. You shall not, and shall not assist any third party, to: (i) make, have made, use or sell for any purpose, any product or other item using, incorporating or derived from any OS Health Confidential Information or the Service; (ii) modify, reverse engineer, decompile, create other works from, attempt to derive the source code from, or disassemble any software programs contained in the Service; (iii) access or attempt to access the Service by any means other than through the interface provided by OS Health or as otherwise instructed by OS Health; (iv) use the Service in violation of applicable laws, rules or regulations, or for fraudulent or illegal purposes, including the storage or transmission of content infringing the intellectual property rights of others; (v) interfere with the proper working of the Service, including without limitation, transmitting any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design (collectively, “Harmful Code”) to or through the Service; (h) except as may be the result of use of a standard search engine or browser, use any automated system (including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service) to create an account or otherwise use the Service

Account Use. You agree to: (i) keep Your OS Health password(s) and online ID(s) secure and strictly confidential, and (ii) notify us immediately and select a new online ID and password if You believe any of Your passwords may have become known to an unauthorized person. You are responsible and liable for any use of the Service through Your account, whether authorized or unauthorized.

Your Data.

License; Ownership. You hereby grant OS Health a worldwide, non-exclusive, non-transferable, right to (i) use and otherwise process Your Data: (x) to provide the Service, and (y) to develop, improve and optimize the Service and related products and services, and (ii) to share Your Data with subcontractors in order to provide, develop, improve and optimize the Service and related products and services. As between OS Health and You, except for the rights expressly granted to Us herein, all rights, title, and interest in Your Data will remain with You and continue to be Your property.

Permissions. You represent and warrant that You have, and shall continue to have throughout Your use of the Service, all rights, permissions, and consents necessary to: (i) submit Input Data to or otherwise provide the Service with access to the Input Data; and (ii) grant OS Health the rights to process Your Data as set forth herein. If Your Data includes any Personal Data, then, to the extent required by the laws applicable to Your Data, You agree that it is solely Your responsibility: (x) to establish the lawful basis for the processing of such Personal Data in accordance with these Terms, and (y) to provide all necessary notices to, and obtain all necessary consents from, any third parties to process the Personal Data.

Feedback. The Service is made available to You for purposes of evaluation and feedback, without any compensation or reimbursement of any kind from OS Health. You acknowledge the importance of communication between OS Health and You during Your use of the Service, and hereby agree to receive related correspondence and updates from OS Health. During the Term, You will be asked to provide feedback regarding Your use of the Service. You grant to OS Health a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any OS Health product or service (including the Service) at any time at the sole discretion of OS Health. OS Health will not publish feedback in a way that is attributable to You without Your consent. OS Health is under no obligation to make any changes to the Service based upon feedback received during the Term.

Fees; Taxes. Access to the Service, or certain features of the Service, may require the payment of recurring fees or other charges (“Fees”). Before You pay any Fees, we will provide You with an opportunity to review and accept the Fees. Unless otherwise indicated, all Fees are in U.S. dollars and all payments must be in U.S. currency. Unless otherwise indicated, all Fees are exclusive of applicable federal, state, local or other taxes (“Taxes”). You shall remain responsible for all Taxes. You must provide and maintain a valid payment method to pay for all Fees. Fees will be charged to any valid payment method that You authorize. Payments may be processed by OS Health’s third-party payment processor or, with respect to Apps, by Apple, Google, or their respective third-party payment processors. Unless expressly stated, you are not required to pay Fees to participate in the beta stage of the Service.

Beta Program. The Service is provided as a beta environment for the purpose of providing OS Health with information about the quality and usability of the Service. You acknowledge that the Service may contain errors, inaccuracies or other bugs that could cause failures, inaccuracies, corruption of data or other loss. The features provided in the Service during the Term may not be available in the final release. OS Health does not represent or guarantee that a non-beta version of the Service will ever be announced or made available. OS Health may discontinue the Service at any time, in its sole discretion, with or without notice. If You elect to use the Service, You agree to comply with all additional guidelines and procedures that OS Health provides or makes available to You in connection with Your use of the Service, including without limitation, making reasonable efforts to provide feedback to OS Health about the Service. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE SERVICE IS NOT READY FOR GENERAL COMMERCIAL RELEASE, MAY CONTAIN BUGS, ERRORS, DEFECTS, OR HARMFUL COMPONENTS, AND MAY BE SUBJECT TO INTERRUPTION. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICE.

Support. OS Health may, in its sole discretion, provide support and maintenance in connection with the Service. However, OS Health has no obligation to correct any bugs, defects, or errors in the Service or otherwise support or maintain the Service. The Service may be unavailable and its performance may be negatively affected by scheduled maintenance. No service levels or uptime guarantees apply to the Service.

Term and Termination. These Terms commence on the Effective Date, and unless terminated earlier, will continue until the initial commercial release by OS Health of a generally available version of the Service (the “Term”). OS Health may terminate these Terms and terminate or suspend Your access to or use of any part of the Service at any time, without notice, and for any reason or no reason. You may terminate these Terms at any time by sending an email to us at [email protected]. Upon expiration or termination of these Terms: (i) the rights and licenses granted to You under these Terms shall immediately terminate, (ii) You shall immediately cease using the Service and Documentation, and (iii) You will return or destroy any OS Health Confidential Information in Your possession or control, as instructed by OS Health.

Confidential Information.

OS Health’s Confidential Information includes the Service, Documentation and these Terms. Your Confidential Information includes Your Data except to the extent set forth below. Your Confidential Information does not include Anonymized Data, or information that: (i) is already known to Recipient at the time of disclosure without confidentiality obligations; (ii) is or becomes publicly known through no wrongful act or omission of Recipient; (iii) is rightfully received by Recipient from a third party without confidentiality obligations; or (iv) was independently developed by Recipient without the use of or referral to any Confidential Information of Discloser.

Recipient shall (y) safeguard the Confidential Information against unauthorized use, access, and disclosure using at least the safeguards it uses to protect its own confidential information, but no less than a commercially reasonable degree of care, and (z) not disclose it to any other party except as permitted herein. Promptly after becoming aware of any actual or attempted unauthorized use or disclosure of any of Confidential Information, Recipient shall notify Discloser in writing of the Confidential Information used or disclosed, the time of breach, and what actions the Disclosure has made to mitigate the impact of such breach. Additionally, the Recipient will cooperate with Discloser to investigate and mitigate any adverse effects from said unauthorized use or disclosure. If Recipient is required by applicable law or a valid legal order to disclose any Confidential Information, Recipient shall promptly notify Discloser of such requirements so that Discloser may seek, at Discloser’s expense, a protective order or other remedy, and Recipient shall reasonably assist Discloser. If Recipient remains legally compelled to make such disclosure, it shall: (y) only disclose that portion of the Confidential Information that it is required to disclose; and (z) use reasonable efforts to ensure that such Confidential Information is afforded confidential treatment. OS Health may disclose Your Confidential Information to its employees, independent contractors, representatives, advisors, subcontractors, vendors, and agents (collectively, “Representatives”) only to the extent such Representatives: (i) need access to such Confidential Information for OS Health to exercise its rights and perform its obligations under these Terms, and (ii) are bound by written confidentiality obligations no less protective than the confidentiality obligations contained herein.

Third-Party Software. OS Health offers its Service through integrations with third-party software and services. Any third-party software, services, or other products that You use in connection with the Service is subject to their own terms, and we are not responsible for third party products. By activating the Service, You grant OS Health the permission to access the applicable third-party software and Your Data stored in or processed by that third party software.

Indemnification. You agree to defend, indemnify and hold harmless OS Health, its affiliates, licensors, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) made by a third party arising from: (i) access to or use of the Service by You or any person to whom You have provided Your online ID and/or password; (ii) Your violation of any provision of these Terms; (iii) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any content or materials You submit, post, upload, transmit or otherwise make available to or through the Service. This defense and indemnification obligation will survive termination or expiration of these Terms and Your use of the Service.

Disclaimer of Warranties.

NO GUARANTEES. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE IS GENERAL BY NATURE, DOES NOT TAKE INTO CONSIDERATION ALL OF YOUR UNIQUE CIRCUMSTANCES, AND IS FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THE INFORMATION WHEN MAKING HEALTH CARE DECISIONS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OS HEALTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY OS HEALTH, ITS AGENTS OR EMPLOYEES WILL IN ANY WAY GIVE RISE TO A WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, OS HEALTH DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION THAT YOU OBTAIN AS A RESULT OF USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR (V) ANY OF YOUR DATA WILL BE SECURE OR NOT LOST OR DAMAGED.

NO MEDICAL ADVICE. OS HEALTH DOES NOT PROVIDE MEDICAL ADVICE AND THE SERVICE IS NOT INTENDED TO, AND DO NOT CONSTITUTE, MEDICAL ADVICE. OS HEALTH IS NOT A LICENSED HEALTH CARE PROVIDER, AND THE SERVICE IS NOT A SUBSTITUTE FOR INDIVIDUALIZED ADVICE, DIAGNOSIS, OR TREATMENT FROM A QUALIFIED HEALTHCARE PROFESSIONAL. EACH PERSON IS UNIQUE, AND INFORMATION MADE AVAILABLE THROUGH THE SERVICE MAY BE APPROPRIATE FOR SOME PERSONS BUT MAY NOT BE APPROPRIATE FOR YOU. THEREFORE, YOU SHOULD CONSULT A QUALIFIED PHYSICIAN, PHYSICIAN’S ASSISTANT, NURSE, OR OTHER HEALTHCARE PROFESSIONAL WHEN MAKING HEALTH CARE DECISIONS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CONTACT A HEALTHCARE PROFESSIONAL OR CALL 911.

GENERATIVE AI DISCLAIMER. CERTAIN FEATURES OF THE SERVICE LEVERAGE STATE-OF-THE-ART LARGE LANGUAGE MODELS (LLMS) PROVIDED BY THIRD-PARTY SERVICE PROVIDERS. OS HEALTH DOES NOT SCREEN, FILTER, OR OTHERWISE REVIEW INFORMATION, SERVICE, RESOURCES, CONTENT, OR OTHER DATA OR MATERIALS PROVIDED THROUGH THOSE LLMS. YOU ACKNOWLEDGE THAT, DUE TO THE NATURE OF THE SERVICE AND ARTIFICIAL INTELLIGENCE PLATFORMS GENERALLY, ANY OUTPUT GENERATED THROUGH YOUR USE OF THE SERVICE AI FUNCTIONALITIES MAY NOT BE ORIGINAL OR UNIQUE. THE AI FUNCTIONALITIES OF THE SERVICE ARE TOOLS, AND THEIR GUIDANCE SHOULD BE CONSIDERED ALONGSIDE HUMAN EXPERTISE. OS HEALTH WILL NOT BE HELD RESPONSIBLE FOR ANY DECISIONS OR ACTIONS TAKEN BY YOU BASED ON SUGGESTIONS PROVIDED BY THE SERVICE’S AI FUNCTIONALITIES. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY CORRESPONDING OUTPUT GENERATED BY THE SERVICE IS APPROPRIATE FOR YOUR PURPOSES.

Limitation of Liability. IN NO EVENT WILL OS HEALTH, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR COSTS OF PROCURING SUBSTITUTE SERVICE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE SERVICE, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF OS HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OS HEALTH’S TOTAL LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED $50.00. SOME JURISDICTIONS PROHIBIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. YOU UNDERSTAND AND ACKNOWLEDGE THE ALLOCATION OF RISK SET FORTH IN THIS SECTION AND THAT OS HEALTH WOULD NOT ENTER INTO THESE TERMS WITH YOU WITHOUT THESE LIMITATIONS AND EXCLUSIONS OF LIABILITY.

Injunctive Relief. You hereby agree that actual or threatened breach of these Terms by You will cause OS Health irreparable damage for which recovery of monetary damages would be inadequate. In the event of any actual or threatened breach of these Terms by You, OS Health shall be entitled to seek and obtain injunctive or other equitable relief under these Terms, as well as such further relief as may be granted by a court of competent jurisdiction, without proof of monetary damages and without posting of bond.

Artificial Intelligence Training Data Transparency

The Service is based on the pre-trained APIs offered by Anthropic, Inc (https://anthropic.com/), and is not further trained on any datasets outside of those provided by the entities listed above (collectively, “Third-Party Datasets”). Such Third-Party Datasets may include aggregate consumer information, as defined in subdivision (b) of Section 1798.140 of the California Civil Code; however, they do not include personal data. We license the Third-Party Datasets solely to the extent that they are included in the pre-trained APIs that we use to provide the Service on the terms described in this Privacy Policy. Except as expressly granted in an agreement executed by OS Health and by you, all rights with respect to those Third-Party Datasets (including copyright, trademark, or patent) are reserved by their respective owners. OS Health does not train, fine-tune, clean, modify, process, or otherwise have access to the Third-Party Datasets except to the extent incorporated into the artificial intelligence services provided by the foregoing third parties.

Miscellaneous. These Terms shall be governed by and construed in accordance with the laws of the State of Washington. Any legal action or proceeding arising under these Terms will be brought exclusively in the state or federal courts located in King County, Washington, and You and OS Health hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts within the King County with respect to any such litigation or dispute resolution. These Terms constitute the entire agreement between OS Health and You with respect to its subject matter. You may not assign these Terms without the written consent of OS Health. These Terms may be updated by us from time to time without notice to You. It is Your responsibility to check these Terms periodically for changes. Your continued use of or access of the Service following the posting of any changes to these Terms constitutes Your acceptance of these Terms as revised.

Additional Provisions for Service Available Through the Apple Service Store

The provisions of this Section 16 apply to the Service available through the Apple Service Store. If any provision in this Section 16 conflicts with any provision in Sections 1 through 16 of the Terms, the provision in this Section 16 shall govern.

Acknowledgement. You acknowledge and agree that the Terms (including this Section 16) form an agreement solely between OS Health and You, and that Apple, LLC (“Apple”) is not a party to the Terms.

Scope of License. The license granted to You under the Terms to access and use the Service through the Service is limited to a non-transferable license which permits You to use the Service on such Apple-branded products as You own or control, as permitted by the Usage Rules set forth in the Apple Media Service Terms and Conditions (available at https://www.apple.com/legal/internet-services/itunes/), as amended from time to time; provided that the Service may also be accessed, acquired, and used by other accounts associated with Your Apple Account via such features and functions as Apple, at its sole discretion, may make available to You.

Maintenance and Support. If You experience any defects or performance issues with respect to the Service which require maintenance or support, You agree that You will contact OS Health and not Apple. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

Warranty. In the event of any failure of the Service to conform to any applicable warranty set forth in the Terms, You may notify Apple, and Apple will refund the purchase price for the Service, if any, to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty with respect to the Service will be the responsibility of OS Health, to the extent provided in the Terms.

Claims. OS Health, not Apple, shall be responsible for the following claims to the extent that they arise under the Terms, in each case solely to the extent required by applicable law:

Product Claims. Any claims brought by You, or by any third party, relating to the Service and/or Your possession and/or use of that Service, including, but not limited to: (i) product liability claims; (ii) claims that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Intellectual Property Rights. Any third-party claim that the Service and/or Your possession and use of that Service infringes upon that third party’s intellectual property rights; in which case OS Health shall be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

End User Representations and Warranties. You represent and warrant that (i) You are compliant with, and shall continue to comply with, all third-party terms and/or agreements applicable to Your use of the Service; (ii) You are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (iii) You are not listed on any U.S. Government list of prohibited or restricted parties.

Apple As Third-Party Beneficiary. Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, as modified by this Section 16, and upon Your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against You as a third-party beneficiary thereof.

If You have any questions, complaints or claims with respect to the Service available through the Apple Service Store, You may contact us at: [email protected].

Additional Provisions for Service Available Through the Google Play Store. The provisions of this Section 17 apply to the Service available through the Google Play Store. If any provision in this Section 17 conflicts with any provision in Sections 1 through 16 of the Terms, the provision in this Section 17 shall govern.

Acknowledgement. You acknowledge and agree that the Terms (including this Section 17) form an agreement solely between OS Health and You, and that Google LLC (“Google”) is not a party to the Terms.

Defects or Performance Issues. If You experience any defects or performance issues with respect to the Service, You agree that You will contact OS Health and not Google. You may contact us at: [email protected] [.

License of the Service. If You download or purchase a copy of the Service using a Google Account that is part of a “family group” (as such term is used with respect to the Google Play Service), the license granted to You under the Terms to access and to use the Service, shall extend to all members of Your family group, and each member of Your family group who accesses and/or otherwise uses the Service shall be subject to the Terms.

User Information. By accessing and/or using the Service, You acknowledge and agree that:

If You register for an account in connection with Your use of the Service, OS Health shall have the ability to access, monitor, use, or disclose certain User Information that is available to You, and/or provided by You, in Your account. As used in this Section 17, the term “User Information” means elements of Your Data that (i) qualify as ‘personal information’ or ‘personal data’ under applicable privacy laws, and (ii) You enter into the Service in connection with Your access to and/or use of the Service (including, without limitation, usernames, passwords, or other login information or personal information).

OS Health shall have the right to provide such User Information to its service providers, subcontractors, sub-processors, and other third parties in connection with its provision of the Service to You, subject to the terms of the OS Health Privacy Policy and applicable laws.

You hereby consent to the access, monitoring, use, and disclosure of Your User Information by OS Health and by Google, solely to the extent necessary to provide the Service, and subject to applicable laws.

If You provide User Information to the Service which relates to Your Google account, the Service will only use such information to access Your Google account with Your authorization, and for the limited purposes that You have authorized; provided that OS Health’s use of User Information relating to a Google account may be deemed to have been authorized based on applicable privacy settings in Your Google account.

Google’s Liability. Google will not be responsible for and will not have any liability whatsoever insofar as such liability arises from the Terms. Nothing in this Section 17 shall be read to modify or limit Your or Google’s obligations under the Google Play Terms of Service.