Terms of Use Agreement

Please read this terms of use agreement (the “Terms of Use”) carefully. The Cylinder website located at www.CylinderHealth.com (the “Website”), the Cylinder platform located at app.cylinderhealth.com (the “Platform”) and Cylinder mobile application (the “Application” and, together with the website and platform, the “Offering”) and the information on the offering are provided by Cylinder Health, Inc. (“Cylinder,” “we,” “our”) and the professional corporations with which Cylinder contracts, including Cylinder Medical Group, P.C. (the “PCs”). These terms of use together with our privacy policy (the “Privacy Policy,” located at https://cylinderhealth.com/privacy-policy/) govern the use of the offering and apply to all users visiting the offering or using the offering in any way, including using the services and resources available or enabled via the offering (the “Resources” and, together with the offering, the “Services”). By clicking the button, completing the registration process, and/or browsing the website or downloading the application, you represent that (1) you have read, understand, and agree to be bound by the terms of use and (2) you are of legal age to form a binding contract with Cylinder. If you object to anything in these terms, you must refrain from using the services or, if you are a user of the service, immediately cease the use of the service and notify us of your objection to these terms.

The services are not intended for emergency use. If you are experiencing a medical or mental health emergency, you should immediately call “911” or go to the nearest open clinic or emergency room.

By accepting these terms and requesting or receiving dietary or GI professional services (as defined in these terms of use) from or through the Cylinder Health, Inc. services, you represent that (1) you have read, understand, and agree to the consent to receive dietitian or GI services (as applicable) using telehealth (the “Telehealth Consent”), (2) you are at least 18 years old, and (3) you agree to terms of telehealth consent.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. These Terms of Use, Privacy Policy, and any applicable Supplemental Terms are referred to herein as the “Agreement.”

Cylinder may modify the Agreement at any time, in its discretion, by publishing an updated version of the Agreement. Any changes to the Agreement will be effective immediately upon posting of the changed Agreement on the Website, Platform, or Application. We recommend that you periodically review these terms and conditions. Your continued use of the Services following any such change constitutes your agreement to follow and be bound by this Agreement as amended.

Our services

Digestive Health and GI Services. Our Services include resources and services to assist in improving digestive health, including providing lifestyle and nutrition advice, monitoring, and individualized assistance (“Cylinder Services”). Our Cylinder Services include interactions between you and our coaches and dietitians (“Our Team”) through different means, including the Remote Platform (defined below). Your interactions with Our Team are not intended to offer or serve as a substitute for professional medical or mental health services, except with regard to the nutritional advice provided by our certified dietitians. While our Cylinder Services will provide access to certain digestive health information and help you communicate with Our Team, we make no representation or warranty whatsoever as to (1) the accuracy of the information provided pursuant to the Services or (2) whether you will find the Cylinder Services, including coaching, relevant, useful, correct, satisfactory or suitable to your needs. Please consult your physician or other qualified health care provider before using the Cylinder Services. Professional services and consultations are provided by the PCs’ licensed physicians and advanced practice providers (“GI Professionals”) in a telehealth format (“GI Professional Services”). While Cylinder obtains contractual guarantees that the GI Professionals are credentialed as having appropriate education, training, licensure, and board certification as necessary, the GI Professionals practice within their scope of practice, individual license, and Cylinder is not responsible or liable for the professional care provided by the GI Professionals or the PCs.

Disclaimer regarding Cylinder services

You acknowledge that some of the content that is provided through the Cylinder services may be provided by individuals in the medical or licensed mental health professions, however, to the fullest extent permitted by applicable law, the provision of such information does not create a professional/patient relationship, and, except with respect to medical nutritional therapy, does not constitute an opinion, professional advice or diagnosis or treatment of any particular condition. Your interactions with our team through the offerings are not intended to be a substitute for any other health care provider advice, diagnosis, or treatment.

User’s sole responsibility for health & health care providers

It is your responsibility to seek the advice of a physician or other qualified health care provider for your medical and mental health needs. Under no circumstances can the Cylinder Services replace medical or mental health services rendered by your health care provider or by the GI Professionals. You should not change your treatment or plan of care, medication, or therapy based on information you received through the Cylinder Services. Never disregard, avoid, or delay obtaining medical advice from a qualified healthcare provider or GI Professionals because of information from our Cylinder Services. If you receive advice from a qualified health care provider that conflicts with anything contained in our Cylinder Services, you should adhere to the advice from the qualified health care provider and consult them before continuing use of our Cylinder Services.

The Cylinder Services, Remote Platform (as defined below), and related personnel may give you access to or, as applicable, recommend outside health care providers (collectively, “Partner Providers”), including, as applicable, personnel who are able to provide advice directly or through the Remote Platform (as defined below) and third party physicians to which you are referred to by us or our partners. Any referral to a Partner Provider may be dependent on the relationships and agreements maintained by your health plans or employers. Such Partner Providers are not employees, representatives, or agents of Cylinder, and it is your responsibility to determine the right Partner Provider or external provider for you. You are responsible for selecting and agreeing to the Partner Providers or external providers you see fit. If you decide to engage with such Partner Providers, you will have a direct relationship with them, and Cylinder is not responsible for, and shall not be held liable for, their advice, any aspect of their treatment or payment for services the Partner Providers provide you – and you are responsible for any payments that may be required.

Remote connectivity features

Remote Platform.
Our Services may include interactive audio and video technology that allows you to connect with independent third-party Partner Providers, Our Team, or the GI Professionals, where you and such individuals are not in the same physical location (the “Remote Platform”).

Regarding your interaction with Partner Providers, Cylinder’s role is limited to offering you the convenience of interacting with such health care providers using the Remote Platform. In any event, such relationships are not intended to replace a primary care physician relationship, primary outpatient therapist, or be your permanent health care solution. You should seek emergency help or follow-up care when recommended by Our Team, the GI Professionals, your Partner Provider, or when otherwise needed.

For your safety, Cylinder and its Partner Providers do not hold appointments if you are driving.

Remote Platform Disclosures.
Please note that while the Remote Platform can improve the convenience and accessibility of communicating with Partner Providers, Our Team, and the GI Professionals, there are potential risks associated with its use. These risks include, but may not be limited to:

• Internet connectivity may not be sufficient to allow for appropriate communication with the Partner Providers, Our Team, or GI Professionals;
• Individuals not in the session may view and/or hear your session information by eavesdropping, leading to breaches of confidentiality; and
• Failures of the electronic equipment or video conferencing could cause delays in the session, evaluation, or treatment.

Although we incorporate network and software security protocols that are designed to protect the privacy and security of health information, in some instances, security protocols could fail, causing a breach of privacy of personal health information.

By accepting this Agreement and deciding to engage the Remote Platform, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that:

• The health care services are not intended to replace a full medical evaluation or an in-person visit with a health care provider;
• Our Team, the GI Professionals, and/or Partner Providers, acting through the Remote Platform, may not have important information that is usually obtained through a “hands-on” physical examination;
• The absence of a physical or in-person examination may affect the GI Professionals’ or a Partner Providers’ ability to diagnose any potential condition, disease or injury;
• You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that results can not be guaranteed or assured;
• Our Team, GI Professionals, or Partner Providers may determine that the Remote Platform is not appropriate for some or all of your treatment needs, and, accordingly may elect not to provide health care services to you through the Remote Platform.

If you do not accept and agree to be bound by this consent to the Remote Platform, you are not authorized to access or otherwise use the Remote Platform.

By accepting this Agreement, you agree and consent to Cylinder, Cylinder’s employees, including our coaches and dietitians, and the GI Professionals (i) accessing and using your insurance plan, which may include health information, to render the Services; (ii) sending insurance claims to your health plan or referrals to health care providers (including facilitating your information to health care providers to obtain health plan pre-authorizations), as applicable; and (iii) using, processing and disclosing your personal information as described in the Privacy Policy, the Cylinder HIPAA Notice of Privacy Practices, and the HIPAA Notice of Privacy Practices of OpenLoop Healthcare Partners, PC.

Privacy

Information regarding our use of health and other personal information is provided in our Cylinder Privacy Policy located at https://cylinderhealth.com/privacy-policy/. You consent to all actions we take with respect to your information consistent with the Cylinder Privacy Policy.

Use of the services and Cylinder offerings

The Services, and the information and content available through them (as these terms are defined herein) (each, a “Cylinder Offering” and collectively, the “Cylinder Offerings”) are protected by copyright laws and other intellectual property rights throughout the world. Subject to the Agreement, Cylinder grants you a limited license to use and reproduce portions of Cylinder Offerings that pertain to your account for the sole purpose of using the Services for your personal purposes. Unless otherwise specified by Cylinder in a separate license, your right to use any and all Cylinder Offerings is subject to the Agreement.

Application License.
Subject to your compliance with the Agreement, Cylinder grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use the Application on electronic devices that you own or control and to run such copy of the Application solely for your own internal personal purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store or the Google Play store, you may only use such Applications in compliance with the applicable terms on these platforms.

Updates.
You understand that Cylinder Offerings are evolving. As a result, Cylinder may require you to accept updates to Cylinder Offerings that you have installed on your computer or mobile device. You acknowledge and agree that Cylinder may update Cylinder Offerings with or without notifying you. You may need to update third-party software from time to time to use Cylinder Offerings.

Certain Restrictions.
The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Cylinder Offerings or any portion of Cylinder Offerings, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Cylinder Offerings (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using Cylinder’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Cylinder Offerings except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Cylinder Offerings in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Cylinder Offerings may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Cylinder Offerings. Any future release, update, or addition to Cylinder Offerings shall be subject to the Agreement. Cylinder, its suppliers, and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Cylinder Offering terminates the licenses granted by Cylinder pursuant to the Agreement.

Cylinder Communications.
By entering into this Agreement or using the Cylinder Offerings, you agree to receive communications from us, including via e-mail, text messages, calls, and push notifications. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us may include, but are not limited to, (a) operational communications concerning your Account, or disclosures, notices, messages, reports, and other communications regarding our Services (“Care Communications”), and (b) marketing and promotional communications pertaining to the services your receive from Cylinder. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you wish to opt out of emails, in-app notifications, calls, or texts, please contact us at or follow the prompt to opt out provided in the communication you receive from Cylinder. You may not opt out of communications that are part of our services.

Registration

Registering Your Account.
To access certain features of Cylinder Offerings you are required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Website, Platform, or Application (“Account”).

Registration Data.
In registering an Account, you agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”) and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (3) at least eighteen (18) years old; (4) of legal age to form a binding contract; and (5) not a person barred from using Cylinder Offerings under the laws of the United States, your place of residence or any other applicable jurisdiction, or otherwise whose use of the Cylinder Offerings was terminated by Cylinder. You are responsible for all activities that occur under your Account. (6) You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Cylinder Offerings by minors. You may not share your Account or password with anyone, and you agree to (7) notify Cylinder immediately of any unauthorized use of your password or any other breach of security; and (8) exit from your Account at the end of each session. (9)You agree not to create an Account using a false identity or information or on behalf of someone other than yourself (unless you are legally authorized to do so). (10) You agree that you shall not have more than one Account at any given time.

Necessary Equipment and Software.
You must provide all equipment and software necessary to connect to Cylinder Offerings, including but not limited to, an electronic device that is suitable to connect with and use Cylinder Offerings, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Cylinder Offerings.

Responsibility for content; Your content

You acknowledge that all information, data, text, photographs, graphics, video, messages, tags, and/or other materials accessible through Cylinder Offerings (collectively, “Content”), including Cylinder Offerings, is the sole responsibility of the party from whom such Content originated. This means that you, and not Cylinder, are entirely responsible for all Content that you provide to Cylinder on or through the Services, whether by direct entry, submission, email, or otherwise (“Your Content”), including, but not limited to, data, questions, comments, or suggestions.

Ownership

Cylinder Offerings and Trademarks. You agree that Cylinder and its suppliers own all rights, title, and interest in Cylinder Offerings (including but not limited to, any videos, audio files, portable documents, titles, computer code, themes, objects, dialogue, artwork, animations, sounds, audiovisual effects, methods of operation, chat transcripts, documentation, and software). You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any Cylinder Offerings. Cylinder and all related graphics, logos, service marks, and trade names used on or in connection with any Cylinder Offerings or in connection with the Services are the trademarks of Cylinder or its licensors and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in Cylinder Offerings are the property of their respective owners. You agree that you have no right, title, or interest in or to any Content that appears on or in Cylinder Offerings.

Feedback. Any ideas, suggestions, documents, and/or proposals submitted to Cylinder through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) and any derivative work from such Feedback shall be owned by Cylinder.

User conduct

Prohibited Actions. As a condition of use, you agree not to use Cylinder Offerings for any purpose prohibited by this Agreement or applicable law. You shall not (and shall not permit any third party) either take any action that (i) infringes any other party’s rights; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) impersonates any person or entity, including any employee or representative of Cylinder; (iv) interferes with or attempt to interfere with the proper functioning of Cylinder Offerings or uses Cylinder Offerings in any way not expressly permitted by this Agreement; or (v) attempts to engage in or engage in, any potentially harmful acts that are directed against Cylinder Offerings.

Monitoring and Enforcement. Cylinder reserves the right to (a) take any action with respect to any of your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any property right, or other right of any person or entity, threatens the personal safety of users of the Cylinder Offerings or the public, or could create liability for Cylinder; and/or (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Cylinder Offerings.

Third-party services

Cylinder Offerings may contain third-party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third-party-owned websites. We provide such third-party content and links as a courtesy to our users. We have no control over any third-party owned web sites or content referenced, accessed by or available through the Services and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third party web sites or content or for the availability of such web sites.

Medical / professional advice

Patient-Provider Relationship. Cylinder does not provide medical or professional health care advice that would require a license (“Professional Services”). Professional Services are provided by the PCs, independent professional corporations that are contracted with Cylinder to provide administrative and management services. You must form a provider-patient relationship with the GI Professionals who are contracted with the PCs prior to receiving any Professional Services. Your access to or use of the Offering or providing medical information through the Offering does not create a provider-patient relationship with Cylinder. Nothing in the Services is intended to create a provider-patient relationship with you unless it is expressed that a provider-patient relationship is being formed in writing.

You should not rely on anything contained in the Offerings as professional advice or to replace obtaining professional services from a licensed professional. You should always consult with a licensed professional for all matters related to your mental and physical health, including taking any medication, changing your diet, starting or stopping a treatment, or making any other decisions that could impact your mental or physical well-being.

Permission to treat

By seeking care from one of the PCs’ providers, you are giving those PC professionals your consent to provide care to you. You may withdraw your consent at any time by no longer seeking Professional Services from the GI Professionals.

Fees

Access Through Employers or Insurance Companies. Our Services may be available to you through your employer, as an employer-sponsored benefit, or through your health care insurance, as a health care policy benefit (collectively “Benefits”). If that is the case, your employer or health insurance may be paying our Services’ fees to make the Services available to you. If your health insurance is paying our Services’ fees, you may remain subject to out-of-pocket costs or fees, including copayments, co-insurance, and deductible obligations, for additional services provided. If you lose your Benefits, we may terminate the Services as set forth herein, or we may choose to offer you the ability to enroll in Direct Access to the Services as described below. If you elect to access or use Services or features subject to fees, you agree to pay all applicable fees described in those Services.

Direct Access. We may decide to make our Services available to individuals outside the scope of Benefits (“Direct Access”), in which case you will be directly responsible for paying the fees for our Services, and agree to do so. We may not offer our Services via Direct Access, in which case all Services shall terminate when the agreement between Cylinder and the health plan or your employer, with respect to the Services, is terminated.

Indmenification

You agree to indemnify, release, and hold Cylinder and each of its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors, as well as the third-party professional corporations and GI Professionals (each, a “Cylinder Party” and collectively, the “Cylinder Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Cylinder Offering; (c) your violation of the Agreement; or (d) your violation of any applicable laws, rules or regulations. Cylinder reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Cylinder Parties in asserting any available defenses. This provision does not require you to indemnify any of the Cylinder Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Website, Application, Platform, or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement, and/or your access to Cylinder Offerings.

Disclaimer of warranties and conditions

You expressly understand and agree that to the extent permitted by applicable law, your use of Cylinder offerings is at your sole risk, and Cylinder offerings are provided on an “as is” and “as available” basis, with all faults. Cylinder parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement arising from use of the services. To the fullest extent permitted by law, Cylinder parties make no warranty, representation or condition that: (1) Cylinder offerings will meet your requirements or otherwise be effective; (2) your use of Cylinder offerings will be uninterrupted, timely, secure or error-free; or (3) the information that may be obtained from use of Cylinder offerings will be accurate or reliable.

The content and information provided on the Cylinder offerings are designed for informational purposes only. With the exception of nutritional advice given by our licensed or certified dietitians and the consultations by the GI professionals, Cylinder offerings do not provide or facilitate medical or mental health advice. No advice or information, whether oral or written, obtained from Cylinder or through Cylinder offerings will create any warranty not expressly made herein.

The GI professionals practice medicine within their individual license, and Cylinder is not responsible or liable for the professional care provided by the GI professionals.

You acknowledge and agree that Cylinder parties are not liable, and you agree not to seek to hold Cylinder parties liable, for the conduct of third parties, including third party nurses, operators of external sites, and that the risk of bodily harm or economic damages from such third parties rests entirely with you.

Limitation of liability

Disclaimer of Certain Damages.
You understand and agree that, to the fullest extent provided by law, in no event shall Cylinder parties be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages, or damages or costs due to loss of production or use, business interruption, procurement of substitute goods or services, in each case whether or not Cylinder has been advised of the possibility of such damages, arising out of or in connection with the agreement, on any theory of liability, resulting from: (1) the use or inability to use Cylinder offerings; (2) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received for transactions entered into through Cylinder offerings; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on Cylinder offerings; or (5) any other matter related to Cylinder offerings, whether based on warranty, copyright, contract, tort (including negligence), or any other legal theory. The foregoing cap on liability shall not apply to liability of a Cylinder party for (a) death or personal injury caused by a Cylinder party’s negligence; or for (b) any injury caused by a Cylinder party’s fraud or fraudulent misrepresentation. Cylinder is not responsible or liable for any advice, course of treatment, diagnosis, or any other information, services, or products that you may obtain through the services.

Cap on Liability.
To the fullest extent provided by law, under no circumstances will Cylinder parties be liable to you for more than the total amount paid to Cylinder by you or on your behalf (by your employer or health insurance plan) for the services provided to you during the one-year period prior to the act, omission or occurrence giving rise to such liability.

Exclusion of Damages.
Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

Basis of the Bargain.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Cylinder and you.

Term and termination

Term.
The Agreement commences on the date when you accept them (as described in the preamble above) and remains in full force and effect while you use Cylinder Offerings.

Termination of Services by Cylinder.
We may terminate your access to all or any part of the Services at any time, with or without cause, including but not limited to failure of you, your health insurance plan, or your employer to make timely payments for the Services. If you have breached any provision of the Agreement, or if Cylinder is required to do so by law (e.g., where the provision of the Website, the Application, the Platform, or the Services is or becomes, unlawful), Cylinder has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Cylinder’s sole discretion and that Cylinder shall not be liable to you or any third party for any termination of your Account.

Termination of Services by You.
If you want to terminate the Services provided by Cylinder, you may do so by (a) notifying Cylinder at any time and (b) closing your Account for all of the Services that you use. Your notice may be sent in writing to .

Effect of Termination.
Termination of any Service includes removing access to such Service and barring further use of the Service. Termination of all Services may also include deletion of your password and all related information, files, and Content associated with or inside your Account (or any part thereof), including Your Content, except information that we are required to retain by law. Upon termination of any Service, your right to use such Services will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases, subject to the terms of our Privacy Policy. Cylinder will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement, which by their nature should survive, shall survive termination of Services, including, without limitation, ownership provisions, warranty disclaimers, and limitation of liability. As noted in our Privacy Policy, we may keep and maintain aggregated and de-identified data regarding our users, including your use of the Services.

Intended for use in the United States

Cylinder Offerings are controlled and offered by Cylinder from its facilities in the United States of America and are intended for use only in the 50 U.S. states and the District of Columbia. Cylinder makes no representations that Cylinder Offerings are appropriate or available for use in other locations. Those who access or use Cylinder Offerings from other countries do so at their own volition and are responsible for compliance with local law.

General provisions

• Electronic Communications. The communications between you and Cylinder may take place via electronic means, whether you visit Cylinder Offerings or send Cylinder e-mails, or whether Cylinder posts notices on Cylinder Offerings or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Cylinder in an electronic form and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Cylinder provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
• Force Majeure. Cylinder shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, pandemic, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
• Questions, Complaints, Claims. If you have any questions, complaints, or claims with respect to Cylinder Offerings, please contact us at: . We will do our best to address your concerns. If you feel your concerns have been addressed incompletely, we invite you to let us know so we can further investigate.
• Exclusive Venue and Governing Law. Both you and Cylinder agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Cook County, Illinois. The terms, privacy policy, and any action related thereto will be governed and interpreted by and under the laws of the state of Illinois without giving effect to any principles that provide for the application of the law of another jurisdiction.
• Notice. Where Cylinder requires that you provide an email address, you are responsible for providing Cylinder with your most current email address. In the event that the last e-mail address you provided to Cylinder is not valid or, for any reason, is not capable of delivering to you any notices required/permitted by the Agreement, Cylinder’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Cylinder at the following address: 2045 W Grand Ave Ste B, PMB 37767, Chicago, IL 60612-1577. Such notice shall be deemed given when received by Cylinder by letter delivered by a nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
• Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion.
• Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect the maximum extent permitted by the law.
• Export Control. You may not use, export, import, or transfer Cylinder Offerings except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Cylinder Offerings, and any other applicable laws
• Entire Agreement. The Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Consent to receive dietitian and GI professional services using telehealth

PURPOSE: This Consent to Receive Dietitian and GI Professional Services Using Telehealth (this “Consent”) applies to the receipt of dietary services from a registered dietitian nutritionist (“Dietitian”) and consultations from the PCs’ licensed physicians and advanced practice providers (“GI Professionals”) through telehealth means as part of your participation in Cylinder Health Inc.’s (“Cylinder’s”) comprehensive digital health program, Cylinder, which is designed for the relief of digestive conditions and improvement of gut health.

• What is Telehealth: Telehealth is a way to have your appointment with your dietitian or GI Professional using electronic communications. All appointments with a Cylinder dietitian or GI Professional shall be coordinated through Cylinder’s platform (the “Cylinder Platform”).
• Benefits and Risks: The benefits of telehealth include not having to leave your home or travel outside of your local area. You will not be in the same room as your provider, so there may be some limitations to the appointment, and the appointment may feel different. Technical problems could interrupt or stop your appointment before it is completed. Additionally, your provider’s diagnosis and treatment would be conducted without physical contact or in-person observation, thus potentially affecting the care provided. An in-person appointment with an external provider may still be necessary after the telehealth appointment. In that case, you should contact your primary care provider or health plan support to assess additional options for care.
• Automated Tools / Personnel: You understand that your interaction with the GI Professionals and the PCs could involve, and you hereby consent to the use of automated tools for diagnosis, care, treatment, or communication pertaining to healthcare matters. You also acknowledge that such virtual encounters with the GI Professionals or the PCs may be provided by a variety of healthcare providers, including physicians, physician assistants, registered nurses, nurse practitioners, and other support or medical personnel.
• Privacy: Phone calls with dietitians and GI Professionals will be recorded for training and quality review purposes. Try to be in a private place, if possible. If people are close to you, they may hear something you do not want them to know.
• Privacy and Sharing Data from Applications: All communications with your dietitian or GI Professional should be limited to the Cylinder Platform. The sharing of data from other mobile applications with your dietitian or GI Professional is at your discretion. Your dietitian or GI Professional is not responsible for privacy and data breaches that could occur through the sharing of data from other applications outside of the Cylinder Platform. Likewise, if you choose to use text messaging, or to use unencrypted emails or public WiFi for sharing information with your dietitian or GI Professional or for telehealth services, your dietitian or GI Professional is not responsible for privacy and data breaches that could occur.
• Your Rights: You have the right to refuse telehealth services or limit what information is shared when receiving telehealth services. You may withdraw your permission for a telehealth appointment at any time, including during the appointment, by emailing . Refusal to receive telehealth services will not affect your ability to receive future care or treatment. Additionally, you are entitled to access all of your medical information resulting from the services.
• Confidentiality & Health Records: Cylinder Health is committed to safeguarding your privacy and complying with all applicable health information privacy and confidentiality laws, including but not limited to the Health Insurance Portability and Accountability Act (“HIPAA”) and all applicable laws concerning patient access to health records. Cylinder Health will maintain your health records as required by applicable law.
• State-specific Requirements: Your dietitian or GI Professional will comply with any state-specific limitations or special requirements for your telehealth visit based on the state where services are provided.

Authorization and consent:

• With respect to dietitian services, I understand that the dietitian services are limited to the provision of professional services rendered by the dietitian within the scope of his/her license relating to digestive conditions and related gut health services. I understand that my dietitian does not diagnose any disease or other condition and does not prescribe any medication. I understand that the services I receive from my dietitian are intended to supplement, and not intended to replace, the medical care that I receive from my primary medical provider.
• I understand how telehealth will work and the manner in which it will be used to meet with my dietitian or GI Professional.
• I understand that receiving services using telehealth is not the same as an in-person visit because I will not be in the same physical location as my dietitian. I understand that the delivery of dietary care services through telehealth services is an evolving field and that the use of telehealth may include uses of technology not specifically described in this consent form.
• I understand that I can stop a telehealth appointment at any time, for any reason, or stop using telehealth for future visits. If I need to let my dietitian or GI Professional know that I do not want to use telehealth again, I can email and state that I want to stop.
• I understand that if I do not request to discontinue telehealth services, this consent will be considered renewed and ongoing upon each telehealth consultation for one (1) year following the execution of this consent form.
• I understand that while the dietitian and medical services, including use of telehealth communications, may provide potential benefits to me, as with any dietitian or medical service, no such benefits or specific results can be guaranteed.
• I understand there are risks to receiving telehealth services, such as technical difficulties, unauthorized access, and other breaches of privacy even with the use of secure communications systems, delays in clinical evaluation arising from technical difficulties, and the potential inability of my dietitian or GI Professional to provide appropriate clinical services for my condition via telephonic or audio-visual consultation.
• I understand that my dietitian or GI Professional can discontinue the telehealth consultation if they feel that the use of telehealth consultations is not adequate for my situation. I understand that my dietitian or GI Professional may determine in his or her sole discretion that my condition is not suitable for telehealth, and that I may need to seek care from an alternative source.
• I agree and authorize my dietitian, GI Professional, and Cylinder Health to share information regarding my clinical care with other individuals for treatment, payment, and health care operations purposes, including scheduling and billing purposes.
• I understand that my health plan or employer may not cover telehealth services, and that my out-of-pocket costs may be different for telehealth than for services provided in-person.
• I understand that this consent is voluntary. However, I understand that Cylinder Health and my dietitian or GI Professional cannot offer its clinical services to me through telehealth means without this consent.
• I understand that the Cylinder program is not intended for emergent purposes. In the event of an emergency, I should not contact my dietitian or GI professional but should immediately call “911” and request emergency care assistance.

By consenting, I certify that:

• I am aware that the Cylinder care team, my dietitian, and my GI Professional are available to discuss the treatment methods and limitations of treatment using telehealth, including prior to any appointments. I have had an opportunity and will continue to be able to ask questions about this information. I understand that I may revoke this consent at any time. I have read and agreed to a telehealth appointment.
• My consent shall remain in effect for the duration of care, or until one (1) year from my acceptance of this document (or shorter period if required by applicable state law), or until I revoke my consent in writing.
• I have the legal capacity to provide this consent.
• I have carefully read and consent to the terms and conditions stated herein.
• I have carefully read and acknowledged the terms and conditions stated in the HIPAA Notice of Privacy Practices.