Common use of Relationship with End User Clause in Contracts

Relationship with End User. A. You acknowledge and agree that any individual who takes a test at your Analysis Facility is an independent third party. B. Any contact that Staff Member may have with the End User through features available from the Service (the “Coach Feature”) must be first authorized by the Administrator. The End User cannot initiate the use of the Coach Feature with you. In order to initiate the use of the Coach Feature with an End User, you must assign the End User to you or have End User assigned to you by the Administrator. Once the End User has been assigned to a Staff Member, such member, as well as administrators, may contact the End User through the Service or the extension of the Service, such as the App. The End User may be assigned to a Facility User for contact through the Coach Feature only after you have obtained all necessary consent and authorization for the use of that feature, such that the End User is aware of any contact that you may choose to originate from your side using the Coach Feature. You are responsible for any media, content, statements, comments, conversations and/or data you share with the End User. We are not liable for any activities that may compromise Personal Information, Personal Health Information, and/or chat history you share with the End User. The Coach Feature is available for you to encourage beneficial body composition behavior; any other use is not warranted or encouraged by ▇▇▇▇▇▇. C. Staff Members may call, send and receive media, text messages, memos and set alarms and schedules through the App. To use any of these features, you must provide express permission to each Staff Member individually. These features are turned off by default but may be turned on through the mobile device’s settings. You may also retract your permission for any one of these functions by adjusting the settings of your mobile device. Any content that is shared between you and the End User is not administered by us, and you understand and agree that we may surveil it at any time if you ask to do so and/or for law enforcement purposes. D. If you use the Coach Feature, you are responsible for securing any and all consents from the End User necessary for

Relationship with End User. A. You acknowledge and agree that any individual who takes a test at your Analysis Facility is an independent third party. We do not have any control over your relationship with the End User. You acknowledge and agree that you will have access to ▇▇▇▇▇▇ Content about an End User who has used the Services at your Analysis Facility, including some of the data generated by such End User’s wearable device, if applicable. In addition, you have the ability to review, analyze, edit, modify, delete and make comments on the Site about the End User’s ▇▇▇▇▇▇ Content that was acquired at your Analysis Facility, without further notice to the End User or us. You hereby represent and warrant to us that you will use the ability provided to you to add, review, analyze, edit, modify, delete, and make comments to the ▇▇▇▇▇▇ Content (except personal use device’s content) responsibly and in compliance with this Agreement and any other applicable law of your jurisdiction. B. Any contact that Staff Member may have with the End User through features available from the Service (the “Coach Feature”) must be first authorized by the Administrator. The End User cannot initiate the use of the Coach Feature with you. In order to initiate the use of the Coach Feature with an End User, you must assign the End User to you or have End User assigned to you by the Administrator. Once the End User has been assigned to a Staff Member, such member, as well as administrators, may contact the End User through the Service or the extension of the Service, such as the App. The End User may be assigned to a Facility User for contact through the Coach Feature only after you have obtained all necessary consent and authorization for the use of that feature, such that the End User is aware of any contact that you may choose to originate from your side using the Coach Feature. You are responsible for any media, content, statements, comments, conversations and/or data you share with the End User. We are not liable for any activities that may compromise Personal Information, Personal Health Information, and/or chat history you share with the End User. The Coach Feature is available for you to encourage beneficial body composition behavior; any other use is not warranted or encouraged by ▇▇▇▇▇▇. C. Staff Members may call, send and receive media, text messages, memos and set alarms and schedules through the App. To use any of these features, you must provide express permission to each Staff Member individually. These features are turned off by default but may be turned on through the mobile device’s settings. You may also retract your permission for any one of these functions by adjusting the settings of your mobile device. Any content that is shared between you and the End User is not administered by us, and you understand and agree that we may surveil it at any time if you ask to do so and/or for law enforcement purposes. D. If you use the Coach Feature, you are responsible for securing any and all consents from the End User necessary forfor compliance with applicable law. You represent and warrant to ▇▇▇▇▇▇ that you have taken all necessary steps to secure such consent in compliance with all applicable laws and will provide evidence of such consent to ▇▇▇▇▇▇ at our request. Without limiting any other portion of this Agreement, you further represent and warrant that you will only use the Coach Feature in accordance with all applicable laws, including without limitation, all applicable privacy and anti- spam laws.