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Terms

Last revised: June 2025

Eleos Website Terms of Use

Welcome to https://eleos.health/ (together with its Content, the “Website”). Please read the following Terms of Use (“Terms”) carefully before using this Website so that you (“You” or “Your”) are aware of Your legal rights and obligations with respect to Eleos Health Inc., its affiliates and subsidiaries (individually and collectively, “Eleos” or “We”).

We reserve the right, at our discretion, to modify these Terms, which modification will be effective 10 days following the posting of the modification to the Website or providing notice to you, whichever occurs first, and will apply to causes of action arising after the effective date of the change. We will inform You regarding such modifications by either notifying You via Your email address or by posting such latest changes on the Website. You should continue checking the Website for changes Your continued use of this Website following the posting of changes to these Terms or providing notice to you, whichever occurs first, will mean You accept those changes.

1. Your Acceptance

By using or visiting this Website, including without limitation contributing to or viewing the Website’s Content (as defined below), You signify Your assent to (1) these Terms; and (2) Eleos’s privacy policy at https://eleos.health/privacy/ (“Privacy Policy”). These Terms apply to all users of the Website. If You do not agree to these Terms or the Privacy Policy then please do not access or otherwise use the Website or any information contained herein.

2. Software Use Restrictions

You acknowledge that any software and related documentation that may be available to download or access from the Website (the “Software”) is the copyrighted work of Eleos. You agree that use of the Software is governed by the terms of the license agreement which accompanies or is included with the Software (the “License Agreement”). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.

3. Ability to Accept Terms

You affirm that You are over the age of 18, as the Website is not intended for children under 18. If it comes to Eleos’s attention through reliable means that a registered user is a child under 18 years of age, Eleos may cancel that user’s account and/or access to the Website.

4. Website Access

  1. Eleos hereby grants You permission to use the Website, provided that: (i); You will not copy, distribute or modify any part of the Website without Eleos’s prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Website; and (v) You comply with these Terms.
  2. In order to access some of the services of the Website, You have to create an account. You may never use another’s account without permission. When creating Your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs in Your account, and You must keep Your account password secure. You must notify Eleos immediately of any breach of security or unauthorized use of Your account. You will be liable for any use made of Your account or password and the losses of Eleos or others due to such unauthorized use. Eleos will not be liable for Your losses caused by any unauthorized use of Your account.
  3. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers,” that accesses the Website in a manner that sends more request messages to the Eleos servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Eleos reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
  4. Eleos, in its sole discretion, has the right to terminate Your access to the Website immediately and with or without cause.

5. Intellectual Property Rights

The content on the Website, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, and any other content on the Website (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Eleos. Content on the Website is provided to You “AS IS” for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Eleos’s prior written consent. Eleos reserves all rights not expressly granted in and to the Website. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Website. Eleos owns all Intellectual Property Rights in and to the Website, the Software, and the Content. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.

This section shall survive any termination of these Terms.

6. Third-Party Content

The Website may present, or otherwise allow you to view, access, link to, and/or interact with, Content from third parties and other sources that are not owned or controlled by us (such Content, “Third-Party Content”). The Website may also enable you to communicate with the related third parties. The display or communication to you of such Third-Party Content does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by us of such Third-Party Content or third party, or by such third party of us, and nor any affiliation between us and such third party. We do not assume any responsibility or liability for Third-Party Content, or any third party’s terms of use, privacy policies, actions, omissions, or practices. Please read the terms of use and privacy policy of any third party that you interact with before you engage in any such activity.

7. Disclosure

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Eleos, our users or the public.

8. Links

The Website may contain links to third party websites that are not owned or controlled by Eleos. Eleos is not affiliated with those websites, has no control over those websites, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Eleos will not and cannot censor or edit the content of any third-party site. By using the Website, You expressly release Eleos from any and all liability arising from Your use of any third-party website. Accordingly, We encourage You to be aware when You have left the Website and to read the terms and conditions and privacy policy of each other website that You visit. Eleos permits You to link to materials on the Website for personal, non-commercial purposes only.

9. Information Description.

Eleos attempts to be as accurate as possible. However, Eleos cannot and does not warrant that the Content available on the Website is accurate, complete, reliable, current, or error-free. Eleos reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

10. Limitation of Liability and Warranty

THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY APPLIES WHETHER OR NOT THE SERVICES PROVIDED UNDER THE WEBSITE ARE FOR PAYMENT.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND ELEOS, THE WEBSITE (INCLUDING THE CONTENT AND ANY OTHER SERVICES PROVIDED THEREBY), IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE WEBSITE WILL FUNCTION AS CLAIMED, ELEOS DOES NOT GUARANTEE THAT THE WEBSITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE WEBSITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS.  IN ADDITION, YOU AGREE THAT ELEOS WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.

EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, ELEOS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE WEBSITE.

UNDER NO CIRCUMSTANCES SHALL ELEOS, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE AND ITS SERVICES EVEN IF ELEOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT THE ELEOS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE LESSER OF (A) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 12 MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST ELEOS OR ITS AFFILIATES, OR (B) $100.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnity

You agree to defend, indemnify and hold harmless Eleos, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of the Website; (ii) Your violation of these Terms; and/or (iii) Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right. This defense, hold harmless and indemnification obligation will survive these Terms and Your use of the Website.

12. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Eleos without restriction or notification to You.

13. General

Eleos reserves the right to discontinue or modify any aspect of the Website at any time. These Terms, the Privacy Policy and the relationship between You and Eleos shall be governed by and construed in accordance with the laws of Delaware, without regard to its principles of conflict of laws. You and Eleos agree to submit to the personal and exclusive jurisdiction of the courts located in Wilmington, Delaware and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms, together with the Privacy Policy and any other legal notices published by Eleos on the Website, shall constitute the entire agreement between You and Eleos concerning the Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND ELEOS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated: June 9th, 2025