CONCORDE HEALTH TERMS OF USE

1. ACCEPTANCE OF TERMS

These Terms of Use ("Terms") constitute a legally binding agreement between you ("Member," "you," or "your") and Concorde Health, Inc., a Delaware corporation ("Concorde," "Company," "we," "us," or "our"), governing your access to and use of the Concorde Health mobile application, website, platform, and all related services, features, content, and functionality (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, CREATING AN ACCOUNT, OR COMPLETING THE INTAKE SURVEY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you must not access or use the Service.

If you are accessing the Service through an employer-sponsored program, your use is also subject to any applicable agreements between Concorde and your employer or plan sponsor ("Sponsor").

2. DEFINITIONS

For purposes of these Terms:

• "Actively Engaged" or "Engaged and Enrolled" means a Member who has completed and submitted the required intake survey, thereby triggering program enrollment and Sponsor billing.
• "Engagement Date" means the date and time when a Member becomes Actively Engaged by completing the intake survey.
• "Welcome Package" means the physical materials sent to Actively Engaged Members, including but not limited to a digital scale, body measurement device or apparatus, and program materials.
• "Coaching Services" means the behavioral coaching, guidance, and support services provided through the Service.
• "Program" means the employer-sponsored weight management and behavioral support program administered through the Service.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 Eligibility

You must be at least 18 years old and eligible under your Sponsor's program criteria to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

3.2 Account Information

You agree to:

• Provide accurate, current, and complete information during registration and intake
• Maintain and promptly update your account information
• Maintain the confidentiality of your account credentials
• Accept responsibility for all activities occurring under your account
• Immediately notify us of any unauthorized use of your account

3.3 Account Restrictions

You may not:

• Create multiple accounts
• Share your account with others
• Transfer your account to another person
• Use false or misleading information

3.4 Eligibility Verification

Concorde reserves the right to verify Member eligibility at any time, including:

• Employment status with Sponsor
• State of residence for regulatory compliance
• Age and identity verification
• Program-specific clinical criteria
• Insurance or benefits eligibility status

Providing false eligibility information constitutes a material breach of these Terms and may result in immediate termination and potential legal action.

4. MEMBER ENGAGEMENT AND SPONSOR BILLING

4.1 Engagement Trigger

Your enrollment becomes active and your Sponsor's billing obligations begin when you complete and submit the intake survey ("Engagement Date"). This action constitutes your acknowledgment that:

• You are voluntarily participating in the Program
• Your Sponsor will be charged for your participation
• You will receive a Welcome Package at the address you provide

4.2 Welcome Package

Upon becoming Actively Engaged, Concorde will ship a Welcome Package to your designated address. The Welcome Package has an approximate retail value of $150.00 USD and:

• Remains the property of Concorde unless otherwise specified
• Has no cash value
• Cannot be exchanged or returned for credit
• Must be returned upon request if Program participation ends
• Must be used only for Program purposes

You agree to handle all equipment with reasonable care and not resell, transfer, or misuse Program materials.

4.3 Sponsor Payment

All Program fees are paid by your Sponsor. You acknowledge that:

• Your continued access depends on your Sponsor's agreement with Concorde
• Concorde has no obligation to provide services if your Sponsor terminates or fails to pay
• You have no direct payment obligations to Concorde unless separately agreed

5. SERVICE USE AND RESTRICTIONS

5.1 Permitted Use

The Service is provided solely for your personal, non-commercial use in connection with the Program.

5.2 Prohibited Conduct

You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for any unlawful, harmful, or fraudulent purpose
• Impersonate any person or entity or misrepresent your affiliation
• Access or attempt to access another Member's account or information
• Interfere with, disrupt, or create undue burden on the Service
• Circumvent, disable, or interfere with security features
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use automated systems, bots, or scrapers to access the Service
• Harvest, collect, or store personal information about other users
• Upload or transmit viruses, malware, or harmful code
• Engage in any activity that could damage Concorde's reputation
• Violate the intellectual property rights of Concorde or others
• Use the Service to promote other products or services

5.3 Prohibited Health-Related Conduct

Members specifically agree NOT to:

• Share, sell, transfer, or distribute any medications obtained through employer programs
• Misrepresent health status, medical conditions, or eligibility criteria to gain or maintain access to the Program
• Provide false information about weight, BMI, or health metrics
• Use another Member's health information or identity
• Attempt to obtain medications for non-prescribed purposes
• Circumvent Program requirements or eligibility criteria

6. HEALTH INFORMATION AND MEDICAL DISCLAIMER

6.1 Not Medical Advice

THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE. All information, content, coaching, and features available through the Service are for informational and educational purposes only and are not substitutes for professional medical advice, diagnosis, or treatment.

6.1A No Medical Practice; No Duty of Care

Concorde is not a medical group and does not practice medicine. No medical professional-patient relationship is created between you and Concorde through your use of the Service. Concorde does not employ, supervise, direct, or control any healthcare providers. Any medical care, evaluations, prescriptions, or clinical recommendations you may receive through affiliated third parties are provided exclusively by independent medical groups and licensed providers, who exercise their own professional judgment. Concorde does not owe you any professional duty of care.

6.2 Healthcare Provider Consultation

Always seek the advice of your physician or qualified healthcare provider with questions about medical conditions, treatments, or before starting any weight management program. Never disregard professional medical advice or delay seeking it because of information obtained through the Service.

6.3 Medical Emergency

If you think you have a medical emergency, call 911 or your local emergency number immediately.

6.4 No Provider-Patient Relationship

Use of the Service does not create a doctor-patient, therapist-patient, or other healthcare provider relationship between you and Concorde or any coach.

6.5 HIPAA Status

Concorde Health is not a HIPAA-covered entity. The Service is not subject to HIPAA regulations, and we are not required to comply with HIPAA privacy and security rules. However, we are committed to protecting your privacy as described in our Privacy Policy.

6.6 GLP-1 and Medication Disclaimer

Concorde Health does not prescribe, dispense, provide, or guarantee access to any medications, including GLP-1 therapies (such as Ozempic®, Wegovy®, Mounjaro®, Zepbound®, or similar medications). Any medication access through employer-sponsored programs or affiliated pharmacy services is subject to:

• Separate medical evaluation by licensed healthcare providers
• Independent prescriber approval and clinical judgment
• Third-party pharmacy terms and conditions
• Insurance or Sponsor coverage determinations

Concorde is not responsible for:

• Medication side effects, adverse reactions, or interactions
• Medication efficacy or weight loss outcomes
• Prescription denials or discontinuations
• Medication availability, shortages, or pricing
• Any medical decisions made by prescribers or pharmacies

Members must consult their healthcare provider about all medications, including potential risks, benefits, side effects, and contraindications of GLP-1 therapies.

6.6A Program Eligibility Decisions Not Medical Advice

Any determinations regarding Program eligibility, behavioral requirements, medication access criteria, participation status, or discontinuation of Program benefits are administrative decisions based on Program rules and Sponsor requirements. These decisions are not medical evaluations, clinical determinations, or treatment recommendations. Concorde is not responsible for and does not participate in any medical decisionmaking regarding your care.

6.6B No Medication Handling or Liability

Concorde does not prescribe, dispense, compound, prepare, ship, store, or handle any medications. Concorde is not responsible for any acts or omissions of pharmacies, pharmaceutical manufacturers, shipping carriers, or prescribing providers. Concorde assumes no liability for medication delays, delivery issues, shortages, adverse reactions, side effects, efficacy, pricing, prior authorization requirements, or prescription approvals or denials.

6.7 State Licensing and Availability

Service availability may vary by state based on applicable regulations and licensing requirements. Concorde reserves the right to:

• Verify Member eligibility based on state of residence
• Restrict or modify services in certain jurisdictions
• Comply with state-specific health and wellness regulations
• Suspend services in states where required licenses or permits are pending

The Service may not be available in all states, and availability is subject to change without notice.

7. COACHING SERVICES

7.1 Nature of Coaching

Coaches provide behavioral support, education, accountability, and guidance. Coaches are not medical professionals (unless specifically designated) and do not:

• Diagnose medical conditions
• Prescribe medications
• Provide medical treatment
• Replace your healthcare provider

7.2 Coach Assignment and Changes

Concorde reserves the right to:

• Assign coaches based on availability and expertise
• Reassign or change coaches at any time
• Modify coaching schedules and formats
• Suspend coaching for policy violations

7.3 Member Responsibilities

During coaching sessions, you agree to:

• Be respectful and professional
• Provide honest information
• Follow Program guidelines
• Not record sessions without consent

7.4 Recording and Quality Assurance

Coaching sessions may be recorded for quality assurance, training, personalization, and Program improvement purposes. By participating in coaching sessions, you consent to recording. Recordings:

• Will be used to enhance your personalized experience
• May be reviewed for quality assurance and coach training
• Will be stored securely and confidentially
• Will NOT be shared with your Sponsor/employer except as required by law
• May be used in aggregate, de-identified form for Program improvement

You may request that a specific session not be recorded, though this may limit our ability to provide personalized support.

8. PRIVACY AND DATA USE

8.1 Privacy Policy

Your use of the Service is subject to Concorde's Privacy Policy, which is incorporated by reference into these Terms.

8.2 Data Collection and Use

You acknowledge that Concorde may collect, use, and share your information as described in the Privacy Policy, including:

• Health and wellness data
• Device and usage data
• Communications with coaches
• Program participation metrics

8.3 Sponsor Reporting

You acknowledge and agree that Concorde may share aggregate and de-identified data about Program participation and outcomes with your Sponsor.

8.4 Data Accuracy and Third-Party Information

Concorde does not guarantee the accuracy, completeness, or reliability of information from third-party sources, including but not limited to:

• Health and wellness content from external providers
• Nutritional information and databases
• Exercise and activity recommendations
• General health education materials

While we strive to provide accurate information, Members should:

• Verify important information with qualified healthcare providers
• Not rely solely on Service information for medical decisions
• Report any suspected inaccuracies to support@myconcordehealth.com

Member-provided data: You are responsible for the accuracy of information you provide, including health metrics, contact information, and Program participation data.

9. INTELLECTUAL PROPERTY

9.1 Concorde Property

All Service content, features, functionality, and materials, including but not limited to text, graphics, logos, icons, images, audio, video, software, and compilations thereof (collectively, "Concorde Content"), are the exclusive property of Concorde or its licensors and are protected by copyright, trademark, and other intellectual property laws.

9.2 Limited License

Subject to these Terms, Concorde grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

9.3 Restrictions

You may not:

• Copy, modify, distribute, or create derivative works of Concorde Content
• Use Concorde trademarks without written permission
• Remove or alter proprietary notices

9.4 Member Content

By submitting content to the Service, you grant Concorde a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content for Program purposes.

10. THIRD-PARTY SERVICES AND LINKS

The Service may contain links to third-party websites or integrate with third-party services. Concorde is not responsible for:

• Third-party content, products, or services
• Your interactions with third parties
• Third-party privacy practices or security

Your use of third-party services is at your own risk and subject to their terms and policies.

11. DISCLAIMERS

11.1 "AS IS" Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

11.2 No Warranties

CONCORDE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• TITLE
• NON-INFRINGEMENT
• ACCURACY OR COMPLETENESS OF CONTENT
• UNINTERRUPTED OR ERROR-FREE SERVICE
• SECURITY OR ABSENCE OF VIRUSES

11.3 No Guarantee of Results

CONCORDE DOES NOT GUARANTEE ANY SPECIFIC HEALTH OUTCOMES, WEIGHT LOSS RESULTS, OR MEDICAL BENEFITS FROM PROGRAM PARTICIPATION.

12. LIMITATION OF LIABILITY

12.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONCORDE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, AND AGENTS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM SERVICE USE
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
• THIRD-PARTY CONDUCT ON THE SERVICE

12.2 Cap on Liability

IN NO EVENT SHALL CONCORDE'S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF:

• ONE HUNDRED U.S. DOLLARS ($100), OR
• THE AMOUNT PAID BY YOUR SPONSOR TO CONCORDE ON YOUR BEHALF IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM

12.3 Basis of Bargain

YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND CONCORDE, AND CONCORDE WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Concorde and its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of applicable law; (d) your violation of any third-party rights; and (e) any claims arising from or relating to Program eligibility determinations, behavioral requirements, access gating, medication access decisions, or participation in employer-sponsored programs.

This indemnification obligation survives termination of your account and your use of the Service.

14. DISPUTE RESOLUTION

14.1 Governing Law

These Terms and any dispute arising out of or relating to them or the Service shall be governed by the laws of the State of Delaware, without regard to conflict of law principles.

14.2 Mandatory Arbitration

ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if eligible.

14.2A Jury Trial Waiver

BY AGREEING TO ARBITRATION, YOU AND CONCORDE EACH WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO A JURY TRIAL FOR ANY CLAIMS COVERED BY THIS ARBITRATION AGREEMENT.

14.3 Arbitration Procedures

Arbitration shall be conducted by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration shall be held in Delaware or, at your option, conducted via telephone or video conference.

14.4 Class Action Waiver

YOU AGREE TO BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

14.5 Severability

If the class action waiver is found unenforceable, the entire arbitration agreement shall be null and void, and disputes shall be resolved in Delaware state or federal courts.

15. TERMINATION

15.1 Termination by You

You may stop using the Service at any time. Account deletion requests should be submitted to support@myconcordehealth.com.

15.2 Termination by Concorde

Concorde may suspend or terminate your access immediately, without notice, for:

• Violation of these Terms
• Sponsor request or program termination
• Ineligibility under Program criteria
• Fraudulent or illegal activity
• Extended inactivity
• Operational or business reasons

15.3 Effect of Termination

Upon termination:

• Your access to the Service ceases immediately
• Concorde may delete your account and data
• Provisions that by nature should survive will remain in effect

16. SERVICE MODIFICATIONS AND AVAILABILITY

16.1 Service Changes

Concorde reserves the right to:

• Modify, suspend, or discontinue any aspect of the Service
• Change features, functionality, or content
• Impose limits on Service use
• Restrict access to parts or all of the Service

16.2 No Uptime Guarantee

Concorde uses commercially reasonable efforts to maintain Service availability but does not guarantee uninterrupted or error-free operation. The Service may be unavailable due to maintenance, updates, technical issues, or events beyond our control.

16.3 Force Majeure

Concorde is not liable for failures or delays due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

17. INSURANCE AND FINANCIAL MATTERS

17.1 No Insurance Reimbursement

The Service is not covered by health insurance, and Members cannot seek insurance reimbursement for Program participation. The Program is exclusively employer-sponsored, and all costs are paid directly by your Sponsor.

17.2 No Financial Relationship

Members have no direct financial relationship with Concorde unless separately agreed in writing. You will not:

• Receive bills or invoices from Concorde
• Be responsible for any Program costs
• Be entitled to refunds or reimbursements
• Have any payment obligations if your Sponsor fails to pay

17.3 Sponsor Coverage Changes

Your access to the Service depends entirely on your Sponsor's continued participation and payment. Concorde does not guarantee:

• Continued Sponsor coverage
• Program availability beyond current Sponsor agreement terms
• Transferability to other employer programs
• Any specific duration of access

If your Sponsor terminates coverage or you become ineligible, your access will end immediately without any refund rights.

18. GENERAL PROVISIONS

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any agreements with your Sponsor, constitute the entire agreement between you and Concorde regarding the Service.

18.2 Modifications to Terms

Concorde may modify these Terms at any time. We will notify you of material changes via the Service or email. Continued use after changes constitutes acceptance.

18.3 Waiver

No waiver of any provision of these Terms shall be effective unless in writing. Failure to enforce any right or provision does not constitute a waiver.

18.4 Severability

If any provision is held invalid or unenforceable, the remaining provisions continue in full force and effect.

18.5 Assignment

You may not assign or transfer these Terms or your rights hereunder. Concorde may freely assign these Terms.

18.6 Notices

Notices to Concorde should be sent to:
Concorde Health, Inc.
8 The Green STE A, Dover, DE 19901

18.7 Electronic Communications

You consent to receive electronic communications from Concorde and agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement for written communication.

18.8 Export Compliance

You may not use or export the Service in violation of U.S. export laws and regulations.

18.9 Government Use

If you are a U.S. government end user, the Service is a "commercial item" with only those rights as are granted to all other users.

19. CONTACT INFORMATION

For questions about these Terms or the Service, please contact:

Concorde Health, Inc.
Email: support@myconcordehealth.com
Website: www.myconcordehealth.com