Welcome to the MyCygnal (“MyCygnal” or “we” or “us”) service hosted at www.mycygnal.com and other affiliated websites and mobile phone applications (collectively, the “Service”). These Terms of Service and other referenced policies explain:

• How MyCygnal provides its online service to you, as a user, when you apply for a MyCygnal account.
• The terms and conditions under which we provide the MyCygnal Service; and

• The terms and conditions for using our website at www.MyCygnal.com, the MyCygnal mobile application, or elements of MyCygnal’s technology platform (such as group affiliation widgets present on its client’s websites) (collectively, the “Website”).

 
The acceptance of terms for MyCygnal involves understanding and agreeing to how the app collects, uses, shares, and protects your personal information. Here are some key points from the Privacy Policy and the company website:

• Data Sharing: MyCygnal will never share your biometric data with a third party except to protect you or others from identity theft
• Personal Information: The app collects personal information such as your name, email address, phone number, date of birth, and sex to personalize your experience and communicate with you.
• Health Information: The app collects health-related information, including your height, weight, sleep duration, alcohol intake, blood type, ongoing symptoms, prescriptions, and allergies to provide personalized health insights and recommendations.
• Usage Data: The app collects information about how you use the app, including your interactions with features and pages visited.
• Device Information: The app collects device information such as your device type, operating system, unique device identifiers, IP address, and mobile network information.
• Data Usage: The collected information is used to provide and personalize the Service, analyze and improve the quality of the Service, communicate with you, and conduct research and analysis.
• Data Sharing: The app does not share your personal information with third parties for marketing purposes without your consent. It may share your information with third-party service providers to assist in providing the Service, such as hosting, analytics, and customer support.
• Data Security: The app uses appropriate measures to protect the security of your personal information.
• Children’s Privacy: The Service is not intended for individuals under the age of 18.
• Changes to Privacy Policy: The Privacy Policy may be updated at any time, and users are encouraged to review

1. Agreement to Terms of Service

Provision of the Service and your acceptance of all applicable terms and conditions, policies, and all other obligations upon you, will be governed by Wyoming law and controlling U.S. Federal law, or where indicated, other applicable international laws.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THE TERMS OF SERVICE INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH MYCYGNAL

Please read these Terms of Service carefully. By signing-up to use the MyCygnal Services you acknowledge that you have read, understood, and agreed to be bound to all the terms of these Terms of Service as well as the policies referenced in these Terms of Service, including our Privacy Policy, and other policies that MyCygnal may from time-to-time issue. If you do not agree to these terms, please do not access or use the Service or Website.

Global Minimum Age Requirements: Persons under the age of 18 may not use the Service or Website. The Service and Website are neither intended for nor designed to be used by anyone under the age of 18. The Website and Service are intended solely for persons who are 18 years of age or older. Any access to or use of the Website or Service by anyone under 18 years of age is expressly prohibited. By accessing or using the Website or Service, you represent and warrant that you are 18 years old or older. If you have reason to believe that a person under 18 years of age is using our Service or Website, please contact us at support@mycygnal.com and we will immediately delete such information, subject to and in compliance with applicable law.

If we decide to change these Terms of Service, we will post those changes to this page so that you are aware of them. We reserve the right to modify these Terms of Service at any time, so please review it frequently. If we make material changes to these Terms of Service, we will notify you here, by email, or by means of notice on our home page. Unless otherwise noted by us, your continuing use of MyCygnal’s services after we have notified you of any changes to these Terms of Service will indicate your agreement to all changes. If, at any time, you do not agree to any terms of MyCygnal’s applicable Terms of Service you may close your account.

 

2. Service Definition

The Service we Provide. The MyCygnal Service provides users with a simple and secure way to store, organize and manage their health data, and then share this information at their discretion with loved ones or other parties that may require this information (e.g. spouses, caregivers, children, medical providers, etc). MyCygnal aggregates, organizes, and protects a user’s private health information based upon widely recognized data safety technological standards while simultaneously providing a secure platform to share the information with trusted parties at the users’ discretion. In addition, MyCygnal provides its registered users (“Members”) with access to certain exclusive benefits, including actionable health recommendations, information about relevant clinical research, health services or other resources to promote and maintain good health, offered by participating retailers, service providers, employers, benefits administrators, and municipal, state and federal government agencies (“Relying parties”). Additional benefits and discounts may be offered to eligible parties, including the elderly, those with certain disabilities or medical conditions, first responders, and members of other designated groups. To verify whether you qualify to receive these discounts and benefits, you will be required to provide us with certain personally identifiable information as described in our Privacy Policy. By providing us with this information, you understand, agree, and authorize us to use such information to verify your eligibility, which shall include, but not be limited to, sharing such information with (i) certain third party entities who are capable of helping us verify your identity or affiliations, (ii) Relying Parties that wish to offer certain access privileges to you upon the receipt of your explicit consent, and (iii) otherwise as detailed in our Privacy Policy. Before MyCygnal provides a third party with your information, you will be asked to authorize this release. This process is further described in our Privacy Policy. You may revoke subsequent access to this information by

MyCygnal or by any Relying Party at any time by accessing your account settings. Elements of MyCygnal’s services are:

• Health Data Integration: MyCygnal compiles, organizes, and translates complex health
  

  information from various sources into a concise profile.

• Ease of Information Transfer: Eliminates the need for outdated methods like fax machines, creating a secure hub for your health profile, including status, symptoms, scans, test results, treatments, etc

• Emergency Preparedness: MyCygnal enables you to share critical health information with designated family or caregivers in emergencies, ensuring they have access to your

  comprehensive health profile.

• Provider Efficiency: MyCygnal aids healthcare providers by presenting a clear, concise, and comprehensive health profile, allowing for quick familiarization and more effective patient visits.

• Data Empowerment: MyCygnal utilizes the data you input to offer actionable insights and recommendations, helping you make the most of each healthcare appointment and own your health.

Prior to using MyCygnal, you must indicate that you understand and agree to be bound by these Terms of Service. From time to time, (e.g., when we are validating your MyCygnal account, when we are re-confirming or re-validating the information in your account, and/or when you are renewing your registration with MyCygnal or its Services), we may, request that you reaffirm your understanding and agreement to be bound by these Terms of Service.

How do we do this? MyCygnal maintains an account for you that contains your identity and group affiliation information. Before you are able to use your account, MyCygnal must first verify your identity through a process called identity proofing. As part of the identity proofing process, you must provide us with various forms of information such as your name, date of birth, street address, email address, telephone number, and other personal information.

MyCygnal provides ‘Unsupervised’ identity proofing, where you can sign-up online from a personal computer or mobile device. If we have problems with the identity proofing process, we may ask for further information to help us establish your identity and, in some cases, we may refer Unsupervised applicants to a Trusted Referee, so that they may complete the process in-person. In either case, our identity proofing process meets or exceeds industry best practices and applicable established standards. When we review your forms of identity evidence, we may use special technologies to validate the documents you submit. In addition, to make it easier for you to enter your address,

MyCygnal uses Google Maps APIs. By using the MyCygnal Service, you are agreeing that you are bound to the Google Terms of Service and Google Privacy Policy. In addition, MyCygnal Privacy Policy gives you details of how we protect the personal information you provide to us. Once we have completed our verifications, we will validate your MyCygnal account, and you will be able to use your MyCygnal account. As further outlined in our Privacy Policy, MyCygnal will not provide your personal information to a third party without your express consent.

Your Obligations. By using the MyCygnal Service, you expressly agree that:

1. Your identity, as established by the information and documents that you submit, matches the identity you claim while using the MyCygnal Service
2. All information provided by you is correct;
3. Any recommendations, resources, educational materials, or other benefits (collectively,
4. “Benefits”) are intended for the Member’s personal use. Reselling, transferring, or
5. exporting any Benefits for the Member’s financial gain is strictly prohibited

Please note that Members may only use their MyCygnal account to store and manage their own health data, and any use by a party other than the Member or Member’s designate, will be considered a material misrepresentation. MyCygnal, in its sole discretion, may immediately revoke a Member’s MyCygnal account upon learning of a violation of any terms contained herein, including, but not limited to inappropriate use of a Member’s MyCygnal account, and reserves the right to seek all other available remedies, in law or in equity.

3. General Provisions

Any unauthorized use of the MyCygnal Service or access to this Website, including without limitation for any commercial or competitive purpose is strictly prohibited and may result in suspension or termination of your account. In addition, you must NOT:

1. Falsely claim an identity other than your own or one you are establishing on behalf of another person with their specific authority;
   

   Falsely claim that you are associated with a particular group;

2. Falsely claim that you possess or use a validated account;

3. Falsely claim that you are associated with another person or entity;

4. Collect information about MyCygnal, the Website or users of the Website without MyCygnal’s written consent;

5. Modify, frame, render (or re-render), mirror, truncate, inject, filter or change any content or information contained in the Website, without MyCygnal’s written consent;

6. Use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;

7. Disguise the origin of information transmitted to, from, or through the Website;

8. Circumvent any measures implemented by MyCygnal aimed at preventing violations of the Terms of Service.

In addition to violating the Terms of Service of the Website, any of the foregoing actions on your part, or on behalf of any entity you are representing, constitutes intentional, unauthorized access of MyCygnal’s protected computer, may constitute a violation of state and federal law, including, but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and may potentially subject you and any affiliated parties to civil liability and criminal prosecution.

 

4. Use of Website Content

All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or “Content”), are provided either by MyCygnal or by respective third-party authors, developers or vendors (“Third Party Providers”) and are the intellectual property of MyCygnal and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of MyCygnal and/or a Third Party Provider. Also, you may not “mirror” or “archive” any Materials contained on the Website on any other server without MyCygnal’s prior express written permission. Except where expressly provided otherwise by MyCygnal, nothing on the Website shall be construed to confer any license or ownership right in or to the Materials, under any of MyCygnal’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by MyCygnal. MyCygnal does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by MyCygnal. Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

5. Termination

Termination of Your account: You may suspend, revoke or terminate your MyCygnal account, or your use of this Service at any time, for any reason or for no reason by contacting us at: support@mycygnal.com. Termination of your account does not relieve you of any obligations incurred prior to the termination or limit any liability you otherwise may have to MyCygnal, including any indemnification obligations contained in these Terms. In spite of any suspension, revocation or termination, you remain personally liable for any orders that you place or charges that you incur prior to termination. In the unlikely event that MyCygnal terminates the overall provision of its service, MyCygnal protect and/or destroy your Personally Identifiable Information in accordance with our Privacy Policy. Upon termination of your account, you lose access to the Services. In addition, MyCygnal may block access to the services from an IP address or range of IP addresses associated

with those of terminated users. Upon termination, all information associated with your account, including health information, may be deleted by MyCygnal. We will not have any liability whatsoever for any termination of your account or related deletion of your information

6. Links to third party sites

The MyCygnal Service may provide, and the Website may contain links or have references to websites controlled by parties other than MyCygnal. MyCygnal is not responsible for and does not endorse or accept any responsibility for the contents or use of these third-party websites. Moreover, these third-party websites are governed by their own terms of use and privacy policies, which we encourage you to review. MyCygnal is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MyCygnal of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by MyCygnal. It is your responsibility to take precautions to ensure that whatever you select for your use

is free of viruses or other items of an intrusive nature.

Your account may be validated by using a third-party authentication method from a third-party app or site. You understand that that the third-party app site that you allow to authenticate you, has its own terms of service and privacy policy that would apply to your use of such app or site. In the event that you use a third-party authentication method, you represent that you are and have authorized access to the third-party account and are bound by the terms and conditions of that third party.

7. Submissions

Except where expressly provided otherwise by MyCygnal, all comments, feedback, information and data submitted to MyCygnal through, in association with or in regard to the Service, Website, and/or any other MyCygnal goods or services (“Submissions”) shall be considered confidential. This may not include copyright ownership of images which you may upload but does include an express license to use said information, de-identified and stripped of any personally identifying information, to make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to MyCygnal, you

agree to assign to MyCygnal, as consideration in exchange for the use of the Service and Website, allworldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant MyCygnal these rights. MyCygnal shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not MyCygnal, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity.

MyCygnal reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any MyCygnal site that violates these Terms of Service and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Service and/or protect the safety or security of any person or property, including any MyCygnal site. Moreover, we retain all rights to remove Submissions at any

time for any reason or no reason whatsoever. All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent. If you do so, MyCygnal reserves the right to cancel or suspend your account. Furthermore, MyCygnal reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using MyCygnal for improper purposes, or any purpose inconsistent with its business.

8. Limitation of liability

In no event shall MyCygnal be liable to anyone for any indirect, punitive, special, exemplary, incidental, or consequential damages, or for any damages to your computer, telecommunication equipment, or other property and/or for loss of data, content, images, revenue, profits, use or other economic advantage, arising out of, or in any way connected with these terms, including but not limited to the accessing or use of, or inability to use, the Website or the MyCygnal Service, regardless of cause, whether in an action in contract or negligence or other tortious action, even if the party from whom damages are being sought has been previously advised of the possibility of such damages. The limitation of liability set forth in this section shall not apply in the event of customer’s breach or related to its indemnity obligations. This paragraph shall not affect the rights listed below in the section titled “Indemnities”. To the extent allowed by law, in no event shall the aggregate liability of

MyCygnal exceed $1,000.00.

9. Licenses from MyCygnal

You are being granted solely a revocable, limited license, in compliance with these terms. All rights not granted to you in the Terms of Service are expressly reserved by us.

10. Licenses from You

You grant to MyCygnal and its Third Party Providers the non-exclusive, worldwide right to use, copy, transmit and display any data, information, Content or other Materials, provided to MyCygnal by you in the course of accessing and/or using the Service and/or Website. Notwithstanding the foregoing, MyCygnal’s obligations regarding identification and other information concerning your personal information shall at all times be governed by the terms of its Privacy Policy.

11. Representations and Warranties

Each party represents and warrants that it has the power and authority to enter into these Terms. MyCygnal warrants that it will provide the Website and the MyCygnal Service in a manner consistent with its business practices, as MyCygnal, in its sole and absolute discretion, deems fit. You represent and warrant that any information you provide in connection with the MyCygnal Service is accurate and current and that you have the right to provide such information.

12. Disclaimer of Warranties

Except where expressly provided otherwise by MyCygnal, the MyCygnal Service and the Website are provided “as is” and “as available.” Except for the express warranties set forth herein, MyCygnal hereby disclaims all express or implied representations, warranties, guarantees, and conditions with regard to the MyCygnal Service and Website including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Except to the extent that such disclaimers are held to be legally invalid. MyCygnal makes no representations, guarantees or warranties regarding the reliability, availability, timeliness,

quality, suitability, truth, accuracy or completeness of the Website, MyCygnal Service, materials associated therewith, or the results you may obtain by accessing or using the Website, the MyCygnal Service or materials associated therewith. Without limiting the generality of the foregoing, MyCygnal does not represent or warrant that (a) the operation or use of the Website, MyCygnal Service or materials will be timely, secure, uninterrupted or error-free. You acknowledge that MyCygnal controls the transfer of data over communications facilities, including the internet, and that the Website and MyCygnal Service may be subject to limitations, delays, interception and other problems inherent in

the use of such communications facilities. MyCygnal is not responsible for any delays, delivery failures, or other damage resulting from such problems. MyCygnal does not provide medical advice, and the information provided by the App is intended for informational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. MyCygnal does not warrant that the App, its servers, or email sent from MyCygnal are free of viruses or other harmful components. MyCygnal will not be liable for any damages of any kind

arising from the use of the App, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. While MyCygnal strives to keep the information on the App accurate, complete, and up-to-date, MyCygnal cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information.

13. Indemnities

You will defend, indemnify and hold MyCygnal harmless against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with a claim by a third party related to your use of the Website and the MyCygnal Service.

14. Your responsibilities

You will comply with all applicable local, state, national and foreign laws, treaties, regulations, and conventions in connection with your use of the Website and MyCygnal Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which MyCygnal controls and operates the Website and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity. You are responsible for

maintaining accurate account information at all times, including valid email address information. You are responsible for keeping your email address, passwords, account numbers, and other account information confidential. MyCygnal is entitled to act on instructions received under your username and password. MyCygnal is not responsible for any changes made to your account by someone else who uses your password. MyCygnal will not be responsible for any losses or liabilities incurred through the use of your password by a third party. You authorize MyCygnal to disclose to third parties, information you have provided, or information that MyCygnal has obtained about your MyCygnal account, as further set forth in our Privacy Policy.

15. Notices

For general changes which do not affect the collection or handling of users’ personal information in a more restrictive way, MyCygnal may give notice by means of a general notice on the Website, electronic mail to your e-mail address on record in MyCygnal’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in MyCygnal’s account information. You may give notice to MyCygnal at any time by letter delivered by registered mail with return receipt to: MyCygnal, 7151 O’Kelly Chapel Rd, #119, Cary NC, 27519. All notices shall be deemed to have been given seven days after mailing, email or posting to the Website. MyCygnal may make material change to the Service that affects the prior or ongoing collection, use, dissemination or maintenance of a user’s personal information, and will notify you of these changes as set forth in our Privacy Policy.

16. Resolution of Dispute

MyCygnal offers the following process to help you resolve a complaint or Dispute (as defined below) that you may have with MyCygnal, any services offered via the Website or Service, or use of theWebsite or Service. Please read this section carefully. Our Customer Service Department contact is: support@mycygnal.com

Step 1. Notice of Dispute. You must first try to resolve any complaint or Dispute with us through ourNotice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to: MyCygnal. Attn: Dispute Resolution Department, 7151 O’Kelly Chapel Rd, #119, Cary NC, 27519. A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within sixty (60) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below. You agree that the term “Dispute” in this Agreement will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Website or the Service, any transaction or relationship between us resulting from your use of the Website or Service, communications between us, the purchase/order/use of goods or services from the Website, or the Agreement embodied by the Terms of Service or Privacy Policy – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.

Step 2. Arbitration. If your Dispute is not resolved to your satisfaction within 60 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As we explain below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement. By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.

Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect. Costs If you initiate an arbitration, we will promptly reimburse you for any standard filing fee you may have been required to pay, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.

Small Claims Option. You may also litigate any Dispute in North Carolina, if the Dispute meets all requirements to be heard in the small claims court. However, if you initiate a Small Claims case, you are responsible for all your court costs.

Choice of Law and Forum Selection. You agree that the laws of the State of Wyoming govern this agreement and any claim or Dispute or issues arising from it, without regard to Wyoming’s conflict of laws rules. Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in North Carolina and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

17. Miscellaneous

These Terms represents the parties’ entire understanding relating to the use of the Service and the Website, and supersedes any prior or contemporaneous, conflicting or additional, communications. MyCygnal reserves the right to change these Terms or its policies relating to the Website and MyCygnal Service at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms because they are binding on you. If we make material changes to these Terms, we will notify you here, by email, or by means of notice on our home page. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Unless otherwise noted by us, your continued use of the Website and MyCygnal Service after any such changes are posted shall constitute your

consent to such changes. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between MyCygnal and you as a result of these Terms or use of the Website. You may not assign these Terms without the prior written approval of MyCygnal. Any purported assignment in violation of this section shall be void. MyCygnal reserves the right to use Third Party Providers in the provision of the Website, the Service, and the goods, services and Materials associated therewith. The failure of either party to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by MyCygnal.

18. Intellectual Property Notices

Elements of the Website and Service are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by MyCygnal. The MyCygnal trademarks and/or other MyCygnal identifiers referenced herein are trademarks of MyCygnal and/or its affiliates and may be registered in certain jurisdictions.

19. Legal Contact Information

If you have any questions about these Terms, please contact our Member Support desk at support@mycygnal.com