Terms of Use

Last Updated: April 29, 2026

 

These Terms of Service (“Terms”) apply to your access to and use of the company website (www.inlet-health.com), the NIK app website (www.nowiknow.io), mobile applications and other online products and services (collectively, the “Services”) provided by Allergy, Inflammation and the Microbiome Research Institute Inc. (d/b/a Inlet Health) (“Inlet Health,” “our,” “us,” or “we”), including the NIK mobile application (“NIK” or the “App”) and any related websites or services.

 

By accessing or using our Services, you agree to these Terms. If you do not agree to these Terms, do not use our Services.

 

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 14, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 14. 

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT ACCESS OR USE OUR SERVICES.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, “the amended Terms will become effective on the date specified in the notice, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

If you have any questions about these Terms or our Services, please contact us at support@nowiknow.io.

 

1. Privacy

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For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy (www.nowiknow.io/privacy-policy).  By accessing or using the Services, you agree that we can collect and use your information in accordance with the Privacy Policy.

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Algorithm Development and Improvement:
Inlet Health may utilize anonymized and aggregated data to develop, train, and refine its proprietary physiological models. This includes the development of future methodologies for observing wellness trends. For clarity, the Service does not currently utilize third-party Generative AI or Large Language Models (LLMs), and your data is never shared with external parties for the purpose of training third-party AI systems.

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2. Eligibility

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You must be at least 18 years old to access or use the Services. By using the Services, you represent and warrant that you are at least 18 years old.

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3. User Accounts and Account Security

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You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. Any personal or health-related information linked to your account will be collected, used, and protected in accordance with our Privacy Policy.

 

4. Ownership; Limited License

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The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by Inlet Health or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors.

Subject to your compliance with these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. This license does not grant you any rights to use HealthKit, Google Fit, or other platform data except as permitted within the Services.

Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and may violate our intellectual property rights.

 

5. Trademarks

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Inlet Health, NIK, and our logos, our product or service names, our slogans, and the look and feel of the Services are trademarks of Inlet Health and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

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6. Feedback

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You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, responses to surveys, or other information about Inlet Health or our Services (collectively, “Feedback”). You understand that we may use such Feedback for purposes related to improving, developing, and providing the Services, without acknowledgment or compensation to you. Feedback will be treated as non confidential and may be used in a manner consistent with this Agreement and applicable law; however, we will not use Feedback in a way that identifies you personally without your consent.

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7. Third-Party Content

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We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Inlet Health does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content. Your access to and use of such Third-Party Content is at your own risk and may also be subject to the privacy policies and terms of such third parties.

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8. Fees; Subscription Auto-renewal

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This Section 8 applies to your purchase and use of any portion of our Services that requires payment, including automatically renewing subscription services (“Subscriptions”) and one-time purchases.

 

Automatically Renewing Subscriptions. By purchasing a Subscription, you acknowledge that your Subscription will automatically renew and that your payment method will be charged on a recurring basis until you cancel.Your Subscription will automatically renew for additional terms equal to the initial Subscription period as long as your Subscription continues, until you cancel it or we suspend or stop providing the Subscription in accordance with these Terms. Unless otherwise indicated by us, you will be charged prior to, or at the beginning of, each renewal term. Before charging you for a Subscription term, we will notify you of the applicable fees, and the renewal will occur at the price then in effect for the paid Service. Renewal and cancellation terms will also follow the rules of the app store from which you purchased the Services (Apple App Store or Google Play).

 

Subscription Cancellation. You may cancel your Subscription at any time through the account settings of the app store from which you purchased the Services. Your cancellation will take effect at the end of the Subscription term. In the event you cancel your Subscription, we may continue to send you promotional communications about our Services, unless you opt out of receiving those communications by following the unsubscribe instructions provided in the communications.

 

No Refunds. When you cancel a Subscription, you cancel only future charges for that Subscription and you acknowledge that refunds will not be issued except where required by applicable law (for example, under mandatory EU/UK consumer rights). Where a refund right applies, requests must be made through the app store from which you purchased the Services.

We may provide, at any time and for any reason and in our sole discretion, refunds, discounts, or other consideration to some or all of our users. The provision of any such consideration in one instance does not entitle you to credits in the future for similar instances, nor does it require us to provide any consideration in the future.

 

Free Trials. We may, from time to time, offer free trials of certain Subscriptions for specified periods of time without payment. If we offer a free trial, the specific terms of the free trial will be provided in the marketing materials describing such trial. Once your free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes or other charges) for as long as your Subscription continues, unless you cancel your Subscription as indicated above prior to the end of your free trial. To avoid any charges, you must cancel your Subscription before the end of your free trial period. Before charging you at the end of your free trial period, we will notify you of the applicable fees.

One-Time Purchases. If we offer any paid Services as a one-time purchase, such one-time purchases may not be cancelled and you are not entitled to a refund for such Services, except where required by applicable law.

 

Price Changes. We reserve the right to adjust pricing for any paid portion of our Services or any components thereof in any manner and at any time. Any price changes will only take effect following notice to you.

 

Payment and Billing. You authorize us (or our third-party payment processor) to charge your chosen payment method for any portion of our Services that requires payment. By providing a payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid, or otherwise not acceptable, the portion of our Service that requires payment may be suspended or cancelled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your use of such paid Services. All billing and refunds are handled by the platform through which you purchased the subscription (e.g., Apple App Store or Google Play), in accordance with their policies.

 

9. Indemnification

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To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Inlet Health and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Inlet Health Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to: (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services.

This indemnity will not apply to the extent that such Claims arise out of Inlet Health’s own gross negligence, willful misconduct, or violation of applicable law. You agree to promptly notify the Inlet Health Parties of any third-party Claims, cooperate with the Inlet Health Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Inlet Health Parties will have control of the defense or settlement, at Inlet Health’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Inlet Health or the other Inlet Health Parties.

 

10. Disclaimers and Methodology

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Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, to the fullest extent permitted by applicable law, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Inlet Health does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. While Inlet Health attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

 

Medical Disclaimer: Our Services are provided for informational and wellness purposes only and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Our Services are not a substitute for professional medical advice, diagnosis, treatment, or judgment, and are not medical devices. You should always seek the advice of a physician or other qualified health provider with any questions regarding any medical condition. You should consult a qualified healthcare professional before making any changes to your diet, exercise, or health routines, particularly if you have a medical condition or history of allergic or anaphylactic reactions. Never disregard professional medical advice or delay seeking it because of something you have read or interpreted through our Services. The Services do not include a regulated medical device.  If you experience a medical emergency, seek immediate attention from a healthcare professional. Inlet Health is not responsible for any health problems that may result from your use of our Services. By accessing or using our Services, you acknowledge that you do so voluntarily and that any changes you make in your diet or lifestyle based on app insights or our Services are done at your own risk. The insights provided by the Services reflect correlations in heart rate patterns and do not establish causation or diagnose food sensitivities, allergies, or any medical condition.

 

Methodology: Our Services analyze changes in your average heart rate in relation to food and beverage consumption logs. The analyses are based on calculated changes in the average heart rate and are not clinical measurements and have not been clinically validated as such. Data accuracy depends on third-party wearable devices and user-provided inputs, which may introduce variability, inaccuracies, or errors.

 

11. Limitation of Liability

 

To the fullest extent permitted by applicable law, Inlet Health and the other Inlet Health Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Inlet Health or the other Inlet Health Parties have been advised of the possibility of such damages.

The total liability of Inlet Health and the other Inlet Health Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of (a) twenty U.S. dollars (US $20.00), or (b) the amount paid by you, if any, to use our Services during the six-month period preceding the date on which the claim arose.

 

The Company shall not be liable for any inaccuracies or inconsistencies in data resulting from Natural Variability, which includes physiological changes due to stress, hydration, posture, or movement. Furthermore, the Company is not responsible for data variations caused by the User's failure to follow Operational Parameters, such as: (i) skipping required stabilization windows; (ii) performing rapid sequential tests; (iii) testing within two hours of intense physical activity; or (iv) failing to achieve a stable baseline as suggested by the App. The User acknowledges that the Service is intended for identifying general wellness patterns over time and does not guarantee identical or repeatable results across individual tests or sessions.

The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Inlet Health or the other Inlet Health Parties, or for death, personal injury, or any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

 

12. Release

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To the fullest extent permitted by applicable law, you release Inlet Health and the other Inlet Health Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. This release does not apply to the extent that such claims arise from Inlet Health’s own gross negligence, fraud, or willful misconduct.

 

If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

 

13. Transfer and Processing Data

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In order for us to provide our Services, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. Where required by law, we will implement appropriate safeguards, such as the European Commission’s Standard Contractual Clauses and supplementary measures, to protect your personal information when it is transferred across borders.

 

14. Dispute Resolution; Binding Arbitration

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Please read this Section carefully because it requires you to arbitrate certain disputes and claims with Inlet Health and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial. 

No Representative Actions. You and Inlet Health agree that any dispute arising out of or related to these Terms or our Services is personal to you and Inlet Health and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

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Arbitration of Disputes. Except for small claims disputes in which you or Inlet Health seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Inlet Health seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Inlet Health waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Inlet Health or relating in any way to the Services, you agree to first contact Inlet Health and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Inlet Health by email at legal@inlet-health.com. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Inlet Health cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Los Angeles County, California, unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. Arbitration proceedings may be conducted telephonically or via video conference for disputes alleging damages less than $10,000, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. 

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You and Inlet Health agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. 

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The arbitrator, Inlet Health, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and Inlet Health agree that for any arbitration you initiate, you will pay the filing fee and Inlet Health will pay the remaining JAMS fees and costs. For any arbitration initiated by Inlet Health, Inlet Health will pay all JAMS fees and costs. You and Inlet Health agree that the state or federal courts of the State of California and the United States sitting in Los Angeles County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. 

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose, to the extent permitted by applicable law; otherwise, the claim is permanently barred, which means that you and Inlet Health will not have the right to assert the claim. 

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 14 by emailing legal@inlet-health.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 15.

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If any portion of this Section 14 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 14 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 14; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 14 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 14 will be enforceable. 

 

15. Governing Law and Venue

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Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the State of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Los Angeles County, California, unless applicable consumer protection laws require otherwise, in which case you may be entitled to bring proceedings in your place of residence.

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16. Modifying and Terminating our Services

 

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time, with reasonable notice where required by applicable law. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services, except where such liability cannot be excluded under applicable consumer protection law.

 

17. Severability

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If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

 

18. Additional Terms Applicable to Mobile Devices 

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The following terms apply if you install, access or use the Services on any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”). 

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• Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple, and Inlet Health, not Apple, is solely responsible for the iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the App Store will govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.

• Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

• Maintenance and Support. You and Inlet Health acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

• Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Inlet Health. However, you understand and agree that in accordance with these Terms, Inlet Health has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.

• Product Claims. You and Inlet Health acknowledge that as between Apple and Inlet Health, Inlet Health, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.

• Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, Inlet Health, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.

• Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

• Developer Name and Address. Any questions, complaints or claims with respect to the iOS App should be directed to:

Allergy, Inflammation and the Microbiome Research Institute Inc.

support@nowiknow.io

• Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Services. 

• Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).

 

The following terms apply if you install, access or use the Services on any device that contains the Android mobile operating system (the “Android App”) developed by Google, Inc. (“Google”):

You acknowledge that these Terms are between You and us only, and not with Google.

Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.

Google is only a provider of the Android Market where You obtained the Android App.  We, and not Google, are solely responsible for our Android App and the Services and Content available thereon. Google has no obligation or liability to You with respect to Our Android App or these Terms.

You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.

You agree to comply with all U.S. export and re-export restrictions and regulations. You represent that you are not located in, under the control of, or a resident of any embargoed country, and are not on any restricted party list maintained by the U.S. Government.

 

Any questions, complaints, or claims with respect to the iOS App should be directed to:

Inlet Health (Allergy, Inflammation and the Microbiome Research Institute Inc.)
Mailing Address: 2040 Las Lunas St. Pasadena, CA 91107

Email: support@nowiknow.io

Phone: +1 323 763 0712

 

19. Miscellaneous

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These Terms constitute the entire agreement between you and Inlet Health relating to your access to and use of our Services. Notwithstanding any other provisions of these Terms, Sections 4, 5, 6, 8, 9, 10, 11, 12, 14, 15, 18, and 19 survive any expiration or termination of these Terms. The failure of Inlet Health to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity (other than Apple and Google as expressly stated above).

You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned, or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment, or delegation without such consent will be void and without effect. We may freely transfer, assign, or delegate these Terms or the Services, in whole or in part, without your prior written consent. California Consumer Rights Notice: Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.