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    SONAR TERMS OF SERVICE

    Last Updated: October 26, 2021

    Sonar Health, Inc., (“Sonar”) designs products and tools that help you to achieve your overall health, fitness and wellness goals. These Terms of Service (“Terms”) apply to your access and use of the Sonar Service. The “Sonar Service” includes our applications, software, websites, APIs, products, services, and devices including associated firmware.
    You must accept these Terms to create a Sonar account and to access or use the Sonar Service. If you do not have an account, you accept these Terms by using any part of the Sonar Service. If you do not accept these terms, do not create an account or use the Sonar Service.

    1. READ OUR PRIVACY POLICY

    For information about our data practices, please see our Privacy Policy. By accessing or using the Sonar Service, you agree that we can collect and use your information in accordance with the Privacy Policy.

    2. USE OF THE SONAR SERVICE

    Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the Sonar Service unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the Sonar Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the Sonar Service.
    You may only connect to the Sonar Service using (i) our mobile applications and software, or approved third-party applications, software, or devices; or (ii) our websites (“Authorized Connections”). You may not connect to the Sonar Service through any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Sonar Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact support@sonarhealth.co

    3. CREATING AN ACCOUNT

    Full use of the Sonar Service requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Sonar Service using your account. Sonar cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
    For your account, you agree to provide true, accurate, current and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Sonar Service.

    4. NECESSARY EQUIPMENT

    Full use of the Sonar Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Sonar Service and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
    By using the Sonar Service, you also acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Sonar Service may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

    5. POSTING YOUR CONTENT ON THE SONAR SERVICE

    Sonar may enable you to upload, store, share, post, send, or display photos, images, video, data, text, music, exercise regimens, food logs, recipes, comments, and other information and content (“Your Content”) to and via the Sonar Service. You retain all rights to Your Content that you post to the Sonar Service. By making Your Content available on or through the Sonar Service you hereby grant to Sonar a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the Sonar Service.
    You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.
    You represent and warrant that Your Content, the use and provision of Your Content on the Sonar Service, and your use of the Sonar Service will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
    You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Sonar Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Sonar Service, or which may expose us or our users to any harm or liability of any type.
    Sonar may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Sonar Service.

    6. SONAR’S RIGHTS

    “Sonar Content” includes all information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Sonar Service. Sonar Content, the Sonar Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms.
    Except as expressly provided in these Terms, no part of the Sonar Service and no Sonar Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Sonar’s express prior written consent.
    You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Sonar Content, in whole or in part. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Sonar Service. Our logos and any other Sonar trademarks that may appear on the Sonar Service, and the overall look and feel of the Sonar Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission.
    Other trademarks, product, and service names and company names or logos mentioned on the Sonar Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

    7. WHAT YOU CAN DO ON THE SONAR SERVICE

    The Sonar Service is intended for your personal, noncommercial use.
    Sonar grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Sonar Service, (2) access and view the Sonar Content, (3) access and use the software and mobile applications provided by the Sonar Service, and (4) use the software that is embedded into any Sonar devices as authorized in these Terms. With respect to items (3) and (4), this license includes any third-party software embedded in any Sonar Service. This license is provided solely for your personal, noncommercial use and enjoyment of the Sonar Service as permitted in these Terms.
    You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Sonar Content, Sonar Service or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Sonar or its licensors, except for the licenses and rights expressly granted in these Terms.
    Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Sonar Service: (1) use, display, mirror, or frame the Sonar Service or any individual element within the Sonar Service, including the layout and design of any page, without Sonar’s express written consent; (2) use Sonar’s name, any Sonar trademark or logo, or any Sonar proprietary information without Sonar’s express written consent; (3) access or tamper with non-public areas of the Sonar Service, Sonar’s computer systems, or the technical delivery systems of Sonar’s providers; (4) test the vulnerability of any Sonar system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Sonar or any of Sonar’s providers or any other third party (including another user) to protect the Sonar Service; (6) access the Sonar Service or Sonar Content through the use of any mechanism other than through the use of an Authorized Connection, Sonar Service, or Sonar API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Sonar provides to you or any other part of the Sonar Service.

    8. HYPERLINKS

    You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Sonar Service for noncommercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Sonar’s sole discretion.

    9. OUR ENFORCEMENT RIGHTS

    We reserve the right (but are not required) to remove or disable access to the Sonar Service, any Sonar Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Sonar Content, Your Content, or your use of the Sonar Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Sonar Service, and in response may take any action we may deem appropriate.

    10. USE THE SONAR SERVICE AT YOUR OWN RISK

    If you rely on any Sonar Content or the Sonar Service, you do so solely at your own risk.
    Our goal is to provide helpful and accurate information on the Sonar Service, but we make no endorsement, representation, or warranty of any kind about any Sonar Content, information, or services. The accuracy of the data collected and presented through the Sonar Service is not intended to match that of medical devices or scientific measurement devices.
    We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Sonar Service. Sonar Content and the Sonar Service may change from time to time or vary by geographic location.
    Use of the Sonar Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your use of the Sonar Service.

    11. CONSULT YOUR DOCTOR BEFORE USING THE SONAR SERVICE

    The Sonar Service is not intended to diagnose, treat, cure, or prevent any disease, and you should consult your physician prior to using the Sonar Service. Any health-related Sonar Content residing on the Sonar Service describes general principles of health care that should not be construed as specific instructions for individual patients. The information and guidance in the Sonar Service may be particularly misleading if your physiological functions and responses differ significantly from population averages due to medical conditions or rare natural differences. The Sonar Service and Sonar Content are not intended as a substitute for a consultation with your physician, and should not be used to diagnose or treat a health problem without consulting your physician. It is for reference only and should not be used to determine treatment for specific medical conditions—only a health care provider can do that.
    The Sonar Service and its health-related information and resources are not intended and must not be taken as the rendering of medical, nursing or professional health care advice or services, or the practice of medicine, nursing or professional health care in any jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse or other licensed health care professional. You should also check product information (including package inserts, if applicable) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, drug, herb, vitamin or supplement discussed on the Sonar Service.
    It is important to be sensitive to your body’s responses. For example, if you feel unexpected, repeating or long-term pain, fatigue or discomfort due to having made changes to your sleep, activity, or other behavior it is recommended that you consult a physician before continuing with such changes. If you experience a medical emergency, stop using the Sonar Service and consult with a medical professional immediately. You understand and agree that in no event will Sonar be liable for any decision made or action taken in reliance on the information contained on, or accessible through, the Sonar Service. Reliance on any information provided by, or otherwise appearing on, the Sonar Service is solely at your own risk.
    Proper treatment of health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle and medication regimen. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting a new health, diet, fitness or supplement regimen. If you are experiencing a medical crisis, please call 911 or contact your local emergency assistance service immediately.

    12. DMCA/COPYRIGHT POLICY

    Sonar respects the intellectual property of others and expects its users to do the same. It is Sonar’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders. If you believe that your work has been copied and is accessible on Sonar Services in a way that constitutes copyright infringement, you may notify us by sending the following information to support@sonarhealth.co:

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
    2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
    3. identification of the URL or other specific location on the Sonar Service where the material that you claim is infringing is located;
    4. your address, telephone number and e-mail address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
    6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

    13. SONAR TERMS FOR PAID SERVICES

    Your purchase and use of any of our paid services are subject to the Sonar Terms for Paid Services, which are incorporated into these Terms.

    14. FEEDBACK AND SUBMISSIONS POLICY

    Sonar welcomes your feedback. You agree that any feedback you submit will be deemed to be non-confidential, and that Sonar will be free to use such information on an unrestricted basis.

    15. CONTESTS AND GIVEAWAYS

    Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by Sonar or its partners. It is your responsibility to carefully review those terms and conditions.

    16. ALERTS AND NOTIFICATIONS

    As part of your use of the Sonar Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You consent to receive communications from us electronically. You can control most communications from the Sonar Service by updating your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

    17. THIRD-PARTY SERVICES

    The Sonar Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under Sonar’s control. This may include the opportunity for you to link your Sonar account, Sonar data, or the Sonar Service with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Sonar Service, such as third party applications accessed on Sonar devices, are not part of the Sonar Service and are not controlled by Sonar, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the Sonar Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

    18. CHANGES TO THE SONAR SERVICE

    Sonar may change or discontinue, temporarily or permanently, any feature, component, or content of the Sonar Service at any time without notice. Sonar is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Sonar Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Sonar products without prior notice to you.

    19. TERMINATION

    We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Sonar Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting us at support@sonarhealth.co. Upon any termination of these Terms or suspension, termination, or discontinuation of the Sonar Service or your account, the following provisions of these Terms will survive: Sections 1, 5, 6, 9, 10, 11, 13, 14, 16, 17, 19, 20, 21, 22, 23, 24, 25.

    20. DISCLAIMERS

    THE SONAR SERVICE AND SONAR CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SONAR SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Sonar Service or Sonar Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Sonar Service or any Sonar Content.

    21. INDEMNITY

    You will indemnify and hold harmless Sonar or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Sonar Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

    22. LIMITATION OF LIABILITY

    NEITHER SONAR, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SONAR SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SONAR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SONAR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
    IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, SONAR IS FOUND TO BE LIABLE TO YOU, ANY LIABILITY ON THE PART OF SONAR WILL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO SONAR FOR USE OF THE SONAR SERVICE. SONAR IS NOT LIABLE FOR THE UNAUTHORIZED USE OF SONAR CONTENT BY ANY OTHER WEB SITES.
    THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SONAR AND YOU.
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    23. DISPUTE RESOLUTION

    PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
    You agree that any dispute between you and Sonar arising out of or relating to these Terms of Service, the Sonar Service, or any other Sonar products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
    Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of laws principles.
    Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Sonar, you agree to try to resolve the Dispute informally by contacting support@sonarhealth.co. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within a reasonable time (not to exceed thirty (30) days) after submission, you or Sonar may bring a formal proceeding.
    We Both Agree To Arbitrate: You and Sonar agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
    Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting support@sonarhealth.co within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
    Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. You agree that the arbitration will be held in New York (NY) or any other location we agree to, and waive any objection to such venue.
    Arbitration Fees: The AAA rules will govern payment of all arbitration fees.
    Exceptions to Agreement to Arbitrate: Either you or Sonar may assert claims, if they qualify, in small claims court in New York (NY) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Sonar products or Sonar Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
    No Class Actions: You may only resolve Disputes with Sonar on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
    Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Sonar agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York, NY. Both you and Sonar consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
    Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sonar Service or products must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

    24. GENERAL TERMS

    Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Sonar and you regarding the Sonar Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Sonar and you regarding the Sonar Service and Sonar Content.
    Sonar may change, modify, add or remove portions of these Terms, at any time. You should periodically check these Terms for changes. Your continued use of Sonar Services following the posting of any changes to these Terms will mean that you accept and agree to such changes.
    If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
    You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Sonar’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Sonar may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
    Any notices or other communications provided by Sonar under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the Sonar Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
    Sonar’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sonar. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

    25. ADDITIONAL TERMS MAY APPLY

    Additional terms may apply to certain services or products. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

    CONTACT US

    PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
    You may contact us at support@sonarhealth.co

    SONAR TERMS FOR PAID SERVICES

    These Sonar Terms for Paid Services (the “Paid Service Terms”) apply to your purchase and use of any paid Sonar services, including automatically renewing subscription services and one-time purchases (collectively the “Paid Services”).
    By purchasing or using a Paid Service, you agree to be bound by the Sonar Terms of Service, which incorporate these Paid Service Terms and include a mandatory arbitration provision, and any separate terms and conditions presented to you in conjunction with your use of the Paid Services. If you do not accept these terms, do not purchase, access, or use our Paid Services.

    1. PAID SERVICES

    Paid Services may be one-time purchases or automatically renewing subscription services (“Subscriptions”). Please see the product page for your specific Paid Services for more information. We may make changes to, suspend, or discontinue Paid Services at any time for any reason, and we have the sole discretion to determine which portions of the Sonar Service require payment.

    2. SUBSCRIPTIONS

    Automatically Renewing Subscriptions. Your Subscription term may vary, for example, with monthly or annual automatic renewal terms (a “Subscription Term”), as described in the course of your transaction. Your Subscription will automatically renew for additional Subscription Terms as long as your Subscription continues, until you cancel it or we suspend or stop providing the Subscription in accordance with our Terms of Service. Unless otherwise indicated by us, you will be charged prior to, or at the beginning of, each renewal term. Before charging you for a Subscription Term, we will notify you of the applicable fees, and the renewal will occur at the price then in effect for the Paid Service.
    Subscription Cancellation. You may cancel your Subscription at any time. Your cancellation will take effect at the end of the current Subscription Term.
    In the event you cancel your Subscription, note that we may still send you promotional communications about Sonar, unless you opt out of receiving those communications by following the unsubscribe instructions provided in the communications.
    No Refunds on Subscriptions. When you cancel a Subscription, you cancel only future charges for your Subscription. You will not receive a refund for the current Subscription Term you paid for, but you will continue to have full access to that Subscription until the end of that current Subscription Term. At any time for any reason, we may provide a refund, discount, or other consideration (“credits”) to some or all of our users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future.
    Free Trials. From time to time, we may offer free trials of certain Subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial. Once your free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes and other charges) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of your free trial. Instructions for canceling your Subscription are described in the sections above. To avoid any charges, you must cancel your Subscription before the end of your free trial period. Before charging you at the end of the your free trial period, we will notify you of the applicable fees.
    Price Changes. We reserve the right to adjust pricing for our Paid Services or any components thereof in any manner and at any time. Any price changes will take effect following notice to you.

    3. ONE-TIME PURCHASES

    Certain Paid Services are one-time purchases, and not subscription-based. One-time purchases may not be canceled and you are not entitled to a refund for such services.

    4. PAYMENT AND BILLING

    You authorize Sonar to charge your chosen payment method for the Paid Services. By providing a payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Paid Service may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your use of the Service.
    Please note that if you accept a promotional offer or make changes to your Paid Services, the amount billed may vary. It may also fluctuate due to changes in applicable taxes or currency exchange rates. You authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.

    5. REPRESENTATIONS, WARRANTIES, AND COVENANTS

    Any Paid Services are personal to you and may not be used by any other person. You will not allow anyone else to use your Paid Services, and you will not transfer any Subscription or disclose your password to any other person. You will report to Sonar any unauthorized or prohibited use of your Paid Services.
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