Welcome to Keyspan, a precision wellness service provided by Keyspan, Inc. (“Keyspan,” “we,” “us,” “our”). Keyspan provides personalized supplements, biomarker testing, a microplastics blood test, human health coaching, and an in-app AI health coach (“Kai”), along with related digital products and services. We use nutrition-related blood test results provided by third-party laboratories, microplastics test results, self-reported health and lifestyle data, and (with your permission) wearable and Apple Health data to personalize and deliver dietary and lifestyle goals, supplements, nutrition recommendations, and other wellness-related products and services tailored to your goals.

Our services include access to the Keyspan website at http://www.keyspan.ai (the “Website”) and our mobile application (the “Application,” and together with the Website, and all services provided through them, including the subscription program described above and the Kai AI health coach, the “Service(s)”). By using the blood sample collection kits (“Kits”), customers collect blood samples and submit them for testing and analysis in accordance with instructions. These samples are subjected to a process that generates sample data which, together with customer-provided information, is analyzed to generate your unique test results (“Biomarker Test Data”) that Keyspan uses to create personalized supplements and lifestyle recommendations via the Website, the Application, and other methods.

1. ACCEPTANCE OF THE TERMS OF USE

These Terms of Use (the “Terms”) govern the use of our services by you (“you,” “your,” “client,” or “End User”). Your right to browse or become a registered user of our Website or Application, or otherwise avail yourself of our services, is contingent upon your adherence to this Agreement. By using our Services, you confirm and represent that you possess the legal right, authority, and ability to abide by this Agreement. The Services are not accessible to individuals under the age of 18. If you do not agree with any part of this Agreement, you are prohibited from accessing or using our Services.

PLEASE REVIEW THIS AGREEMENT THOROUGHLY. WHEN YOU ENGAGE WITH OR MAKE USE OF THE SERVICE, YOU AGREE THAT YOU ARE SUBJECT TO THE STIPULATIONS OF THIS AGREEMENT AND ALL RELATED TERMS, CONDITIONS, POLICIES, GUIDELINES, AND DISCLOSURES, INCLUDING THE DISPUTE RESOLUTION TERMS STIPULATED BELOW AND IN ANY OTHER OF OUR POLICIES. IF YOU DO NOT ACCEPT THESE STIPULATIONS IN THEIR ENTIRETY, YOU ARE PROHIBITED FROM ACCESSING AND AGREE NOT TO USE THE SERVICES.

By subscribing to or accessing any content provided through our Services, or indicating your acceptance or agreement to this Agreement — where provided with the option for any Service — you agree to be governed by this Agreement. Some aspects of our Services may be subject to additional rules, terms, conditions, or guidelines, which will be displayed on the Services relating to those features. These additional stipulations are incorporated into this Agreement by reference. If Keyspan determines in its sole discretion that you have breached any term of this Agreement, it reserves the right to immediately and without further notice revoke your access to the Services and any affiliated account(s).

Recorded Sessions are Required. Certain features of the Services — specifically, live coaching sessions — are available only as recorded interactions as described in Section 3.6 and the Privacy Policy. If you do not agree, you may use non-recorded alternatives where available (e.g., asynchronous messaging), or you should not use live coaching.

AI-Powered Features. Certain features of the Services are powered by third-party artificial intelligence (“AI”) models. Your use of the Kai AI health coach and other AI-powered features is subject to Section 11 (AI-Powered Features and Limitations) and the Privacy Policy.

2. PRIVACY POLICY; RETURN & REFUND POLICY

These Terms include our Privacy Policy (“Privacy Policy”) and our Return & Refund Policy (“Return & Refund Policy”), each of which is incorporated into these Terms by reference.

The Privacy Policy can be found here: https://www.keyspan.ai/pages/privacy-policy

The Return & Refund Policy can be found here: https://www.keyspan.ai/pages/refund-return-policy

You are required to review and understand both policies.

In the event of any conflict between these Terms and the Return & Refund Policy with respect to returns, refunds, credits, cancellations, redraws, or retests, the Return & Refund Policy will control.

3. USE OF THE SERVICE

3.1 Ownership

The Application, the Website, the Services, and all designs, text, graphics, pictures, images, content, videos, packaging, formulas, ingredients, technology, know-how, information, data, recommendations, results, and software contained in or comprising the Services, except for Your Content as defined below (collectively, the “Materials”), are the property of Keyspan or our licensors and contractors and are protected by U.S. and international copyright, trademark, trade secret, patent, and other intellectual property laws. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Services, Materials, or Software shall be owned solely and exclusively by us or our licensors, including all intellectual property rights therein. You may not access or use any part of the Services or content for any commercial purpose.

3.2 Software and Mobile Applications

Your rights to use any software, including any mobile application (“Software”), that is not accompanied by a separate license agreement are governed by and subject to the license granted in these Terms. You may not copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software, unless otherwise specifically agreed in writing by us. You agree not to modify the Software in any manner or to use modified versions of the Software, including for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface provided by Keyspan for use in accessing the Service. Any rights not expressly granted herein are reserved.

3.3 Limited Use

You agree that you are using the Services for your own personal, non-commercial purpose, and that you will not redistribute, resell, or transfer any component of the Services or the Materials.

You agree to abide by our Terms and not to use the Services or Materials in any manner not expressly permitted. Except for the rights expressly granted to you in these Terms, Keyspan grants no right, title, or interest to you or any third party in the Services or the Materials.

All Keyspan Materials used in the Services are not sold to you, and Keyspan and its licensors retain ownership of all copies of the Keyspan Software even after installation on your personal computers, mobile devices, tablets, and/or other devices. Third-party software (for example, open-source software libraries), if any, included in the Services is licensed to you either under these Terms or under the relevant third-party software licensor’s license terms.

Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any element thereof; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Materials of Keyspan; (c) you shall not use any metatags using Keyspan’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 the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any software, devices, or other processes to scrape or download data from any web pages on the Website; (f) you shall not access the Services in order to build a similar or competitive website, application, or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you agree not to use the Services to develop, train, fine-tune, evaluate, or benchmark any artificial intelligence or machine learning model, or to extract, harvest, or scrape inputs or outputs of the Services (including Kai responses) for those purposes; and (j) you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes all or any portion of the Services. Any future release, update, or other addition to the Services shall be subject to these Terms. Keyspan, its suppliers, and service providers reserve all rights not granted in these Terms. Any unauthorized use of the Services terminates the licenses granted by Keyspan pursuant to these Terms.

3.4 Third-Party Materials

As part of the Services, you may have access to materials that are hosted, posted, created, developed, or otherwise provided by a third party. You agree that it is impossible for Keyspan to monitor all such materials and that you access these materials at your own risk.

Keyspan will utilize public resources in performance of the Services on behalf of Registered Users, including medical journals, scientific publications, and other white papers and resources that may be beneficial in the analysis of Biomarker Test Data.

3.5 Third Parties and Providers

Keyspan partners with third parties to provide and make the Services available to Registered Users. Such partners include, among others:

• OK Capsule (supplement fulfillment contractor)
• Junction (formerly Vital) (wearables API and HealthKit data integration; mobile phlebotomy subcontracted through GetLabs; lab orders through a 50-state physician provider network)
• Quest Diagnostics and Bioreference Laboratories (laboratory testing)
• Plastictox (microplastics test kits and results)
• Anthropic, PBC (AI foundation models that power Kai and related AI-driven features)
• OpenAI, L.L.C. (text embedding models and related AI services)
• Apple Inc. (Apple Health / HealthKit integration on iOS)

You acknowledge and agree that you have read and understand each partner’s and third party’s own terms of use as they relate to our Services and the services you request. Keyspan may add, remove, or replace third-party providers from time to time and will update this list and the Privacy Policy as appropriate.

3.6 Coaching Session Recording (Mandatory as Part of the Services)

(a) Recording as a Condition of Service. Keyspan’s coaching sessions (including audio/video, screen shares, and in-session chat) are recorded as an integral part of the Services for training, quality assurance, compliance, security, and dispute-resolution purposes (collectively, “Recordings”). Participation in live coaching requires recording; if you do not agree to recorded sessions, please do not schedule or join a live session. Where legally required, Keyspan may offer a non-recorded alternative (e.g., asynchronous messaging) with reduced functionality.

(b) Jurisdictional Compliance / All-Party Standard. Recording and monitoring laws vary by jurisdiction. Keyspan applies an all-party consent standard and provides clear notice prior to and at the start of sessions. By scheduling, joining, or continuing in a session after such notice, you agree to the recording consistent with this Section and the Privacy Policy.

(c) Permitted Uses. Recordings may be used internally by Keyspan and its Business Associates to: (i) train and evaluate coaches; (ii) monitor adherence to policies and law; (iii) investigate and resolve complaints or safety/security events; (iv) protect the integrity of the Services; and (v) maintain defensible documentation of the coaching interaction. Recordings are not used for advertising or sold. Recordings are not used to train third-party AI foundation models.

(d) Health Information; HIPAA. Because coaching may involve discussion of health information, Recordings may include Protected Health Information (“PHI”). Recordings are encrypted in transit and at rest, access-controlled, and handled pursuant to Keyspan’s HIPAA policies and Business Associate Agreements with applicable vendors.

(e) Retention and Deletion. Recordings are retained for the period stated in the Privacy Policy and then deleted or archived per Keyspan’s data-retention schedule, subject to legal holds.

(f) Access. You may request access to certain Recordings associated with your account to the extent permitted by law and subject to the privacy rights of other participants. Keyspan may redact or deny requests where necessary to protect others or comply with law.

(g) Ownership. Subject to applicable law and your rights in personal information, Keyspan owns the Recordings and all associated intellectual property.

4. REGISTRATION

4.1 Registering Your Account

To access certain features of the Services, you must become a Registered User. A “Registered User” is a user who has registered an account on the Website or the Application (“Account”). You will be prompted to affirmatively accept these Terms and any applicable Consent Form. You must use an online source or a mobile device with access to the internet for registration.

4.2 Registration Information

When registering an account, you agree, represent, and covenant to (1) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Information”); and (2) update such Registration Information as necessary to keep it current and accurate. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Services under the laws of the United States, your place of residence, or any other applicable jurisdiction. You are responsible for maintaining the accuracy and confidentiality of your Account information and password. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Keyspan has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Keyspan has the right to suspend or terminate your Account and refuse any and all current or future use of the Services.

4.3 Your Equipment and Software

You must provide all equipment and software necessary to connect to the electronic and web-based portions of the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.

5. FEES AND PURCHASE TERMS

5.1 Payment

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide credit card payment information to a third-party payment processor (“Payment Provider”) used by Keyspan as a condition to sign up for the Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement to determine your rights and liabilities. By providing your credit card number and associated payment information, you authorize us to charge your Payment Provider immediately for all fees applicable to your purchase. You agree to immediately notify Keyspan of any change in your billing address or the credit card used for payment hereunder. Keyspan reserves the right at any time to change its prices and billing methods, either immediately upon posting on Keyspan or by email delivery to you.

5.2 Taxes

All fees and charges for Services are exclusive of sales tax and other applicable taxes, and you are responsible for payment of any and all applicable taxes (other than taxes on Keyspan income), and any related penalties or interest payments to the relevant tax authority.

5.3 Automatic Renewal

When you sign up to use the Services, your subscription will automatically renew until you cancel it. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Keyspan’s then-current price for such subscription. You may cancel by following the instructions in your account settings (if available) or by emailing support@keyspan.ai. Cancellation requests must be received before the next order is processed or shipment is initiated to avoid charges for that order. Additional details about cancellation timing and eligibility are described in the Return & Refund Policy.

Refunds; Returns. Except as expressly set forth in the Return & Refund Policy, all sales and charges are final and non-refundable, and no returns or refunds will be granted for subscription services, including for any partial billing period. The Return & Refund Policy describes the limited circumstances in which Keyspan may, in its discretion, offer a return, refund, replacement, retest/redraw, or store credit.

5.4 Third-Party Payment Provider

Keyspan uses third-party payment service providers for payment services (e.g., card acceptance, merchant settlement, and related services). By making a purchase, you agree to be bound by the applicable privacy policy of Keyspan’s third-party payment service provider and consent and authorize Keyspan to share any information and payment instructions you provide with such third-party payment service provider to the minimum extent required to complete your transactions.

5.5 Terms of Sale

All services offered through the Services by Keyspan and its affiliates are subject to availability and quantity limits. We and our affiliates reserve the right to reject all or any part of a request without prior notice. In the event of an error, we reserve the right to correct the error and revise your request accordingly or to cancel the request and refund any amount charged. Prices for services and products are subject to change at any time without notice to you.

5.6 State-Specific First-Month Fee (NY, NJ, RI)

Customers residing in the states of New York, New Jersey, and Rhode Island will incur a one-time additional fee of $100 during their first month of service. As a result, the total charge for the first month will be $299, followed by the standard monthly rate of $199 per month for subsequent months.

5.7 Appointment Fees; Third-Party Scheduling Policies

Certain Services are scheduled through or fulfilled by third parties (including mobile phlebotomy providers). You agree that missed appointments, late cancellations, or rescheduling may result in fees, including a rebooking fee where applicable. For mobile phlebotomy appointments, cancellations, rescheduling, or no-shows within 24 hours of the scheduled appointment time may result in a $99 rebooking fee. Additional details are described in the Return & Refund Policy and/or presented to you at checkout or scheduling.

6. SAMPLE COLLECTION AND BIOMARKER TEST DATA

6.1 Informed Consent

Keyspan uses Junction, Bioreference Laboratories, and Quest Diagnostics (each a “Laboratory”) as its third-party service providers for processing samples and the generation of Biomarker Test Data. Keyspan uses Plastictox for the creation, testing, and processing of microplastics test kits and results. Keyspan requires your Informed Consent for access and use of sample and personal information by Keyspan and the Laboratory, which you are required to accept at Registration. The Informed Consent agreement can be found in the app during onboarding. By purchasing or requesting a test, Kit, and/or providing a sample, you agree that you have read and agree to Keyspan and the Laboratory’s Informed Consent agreement and authorize Keyspan and the Laboratory to process your sample(s) and to generate Biomarker Test Data for the purposes set forth in this Agreement and to provide the Services.

6.2 Sample Collection and Return Instructions

The Kits include detailed instructions on sample collection and how to use the Kit properly, Kit registration details, and how to return your samples. The Informed Consent agreement, sample collection instructions, and any shipping guidelines provided with the Kits are incorporated herein by reference as part of these Terms. You agree to collect your samples and return them to Keyspan according to the instructions within the designated timelines. You agree to read all the instructions carefully and to follow good hygiene practices when collecting samples.

6.3 No Sample Returns; No Refunds After Submission

Samples are processed in an irreversible manner and cannot be returned once submitted. No refunds will be given for any Kits or lab testing services once a sample has been collected and/or submitted to a laboratory for processing, except as expressly described in the Return & Refund Policy (for example, in the event of a confirmed lab processing error, Keyspan may offer a redraw/retest or other remedy as described in that policy).

6.4 Test Information

Keyspan will provide you with Biomarker Test Data and personalized recommendations on diet, lifestyle, and supplements derived from the application of Keyspan’s proprietary technology and methodologies to your Biomarker Test Data and other information such as self-reported information you provided, medical journals, and scientific publications. You may choose to follow these recommendations as little or as much as you wish, or not at all. Based on your most current and qualified Biomarker Test Data, if you have subscribed to our Subscription Service, we will ship Keyspan supplements to you.

7. STATE-SPECIFIC REQUIREMENTS

Residents of New York, New Jersey, and Rhode Island

If you are a resident of New York, New Jersey, or Rhode Island, you have certain rights under your state’s patient billing laws. Specifically, you have the right to request an itemized price list from Bioreference Laboratories for any laboratory tests conducted as part of our Services.

How to Request an Itemized Price List: If you reside in New York, New Jersey, or Rhode Island and have had laboratory tests conducted through our Services, you may request an itemized price list for those tests directly from Bioreference Laboratories or through our customer service team at support@keyspan.ai.

By using our Services, you acknowledge and agree to these state-specific requirements and affirm that you have been informed of your rights under New York, New Jersey, and Rhode Island law.

8. RESPONSIBILITY FOR SAMPLES AND OTHER CONTENT

8.1 Your Responsibility

Keyspan will not, at all times, control content posted by users via the Services, and as such does not guarantee the accuracy, integrity, or quality of such content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Keyspan be liable for any non-Keyspan content, including any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services. Keyspan and its designees have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content available via the Services.

8.2 Storage

Unless expressly agreed to by Keyspan in writing elsewhere, Keyspan has no obligation to store any content, including Your Content, that you make available in and through the Services. Keyspan has no responsibility or liability for the deletion, accuracy, or inaccuracy of any content, including Your Content; the failure to store, transmit, or receive transmission of Your Content; or the security, privacy, storage, or transmission of Your Content. You agree that Keyspan retains the right to create reasonable limits on Keyspan’s use and storage of content.

9. MODIFICATIONS TO SERVICE

Keyspan reserves the right at any time to modify, revise, update, and discontinue the Services (or any part thereof) with or without notice. You acknowledge and agree that modifications or updates may result in delays in computations for some features of the Services. The Software and Application may from time to time automatically download and install updates from Keyspan to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, features, new modules, or completely new versions. You agree to receive such updates and permit Keyspan to deliver these to you as part of your use of the Services. Certain conditions and circumstances associated with the business operations of the Service may result in unexpected delays in shipping Kits, processing samples, and delivering Biomarker Test Data. Keyspan shall not be liable to you or to any third party for any such delays. Sometimes, Keyspan or its third-party testing providers may not be able to process a sample due to insufficient volume or results not meeting accuracy standards (“Sample Failure”). Keyspan will notify you of the Sample Failure and details applicable to processing a new sample.

10. STATEMENTS AND CLAIMS

Any statements or claims that appear on the supplement packaging, subscription service descriptions, Keyspan Website, Services, or Materials, or in documentation relevant to supplements or other services, have not been evaluated by the U.S. Food and Drug Administration. The supplements and the Kits are not intended to diagnose, treat, cure, or prevent any disease.

Microplastics testing. The microplastics blood test offered through the Services is provided as a wellness-screening tool. The clinical significance of microplastics levels in human blood is an emerging area of scientific research and is not yet established. Microplastics test results should not be interpreted as a diagnosis or assessment of any specific disease, condition, or health risk, and should not be used as a basis for medical decision-making. As with all results provided through the Services, you should consult a qualified healthcare provider with any questions or concerns about your results.

11. AI-POWERED FEATURES AND LIMITATIONS

The Keyspan app includes “Kai,” an in-app health coaching assistant powered by third-party artificial intelligence models from Anthropic, PBC and OpenAI, L.L.C., as well as other AI-powered features that may be added from time to time. By using Kai and any other AI-powered features of the Service, you acknowledge and agree:

• Kai is an AI assistant, not a human, and not a licensed medical provider. Kai’s responses are generated by large language models and may occasionally be inaccurate, incomplete, or out of date.
• Kai is not a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider for medical concerns. Do not disregard or delay medical advice based on something Kai has said.
• Your data is sent to AI service providers to deliver Kai’s features. The categories of data shared, the providers involved, and the safeguards in place are described in our Privacy Policy. By using the Services, you consent to the processing of your data by these AI service providers as described in the Privacy Policy.
• HIPAA-compliant safeguards are in place. Keyspan has executed Business Associate Agreements with our AI service providers covering the handling of Protected Health Information. We may engage additional AI service providers in the future and will ensure equivalent contractual protections (including Business Associate Agreements where applicable) are in place before transmitting any PHI.
• No training on your data. Our AI service providers are engaged under enterprise terms that contractually prohibit the use of your data to train their AI models.
• Acceptable use. You agree not to (a) attempt to bypass, jailbreak, manipulate, or otherwise interfere with Kai’s safety guardrails; (b) use Kai or any AI-powered feature to develop, train, fine-tune, evaluate, or benchmark any third-party AI or machine learning model; (c) submit content that is unlawful, infringing, harassing, defamatory, or otherwise prohibited by these Terms (including the prohibited content provisions in Section 12.3) or our Privacy Policy; or (d) use Kai for any purpose other than your own personal, non-commercial wellness use.
• Provider changes. Keyspan may, in its discretion, add, remove, or replace AI service providers and may route different requests to different providers based on feature, performance, availability, or cost considerations. Material changes that affect the providers handling your PHI will be reflected in updates to the Privacy Policy.
• Limitations and reliance. You are solely responsible for evaluating the accuracy, completeness, and appropriateness of any information generated by Kai or other AI-powered features, and for any actions you take based on that information. Keyspan does not warrant that AI-generated outputs are accurate, complete, or fit for any particular purpose. The general disclaimer of warranties in Section 15 and the medical disclaimers in Section 16 apply to AI-generated outputs.

12. DATA AND OWNERSHIP

12.1 Ownership of Keyspan Services

Keyspan and its licensors and suppliers retain all right, title, and interest in and to all (a) patents, utility models, copyrights, database rights, and rights in trademarks, trade names, designs, know-how, and invention disclosures (whether registered or unregistered); (b) applications, reissues, confirmations, renewals, extensions, divisions, or continuations for any of these rights; and (c) all other intellectual property rights and similar forms of worldwide protection (“Intellectual Property Rights”) in and to the Service and De-Identified Data (defined below), and all other materials provided or made available to you in connection with the Services, and any modifications, updates, and enhancements to the foregoing. Keyspan shall be entitled to unrestricted use of any communications, comments, questions, suggestions, or related materials provided by you to us suggesting or recommending changes to the Services, including new features or functionality (collectively, “Feedback”). All Feedback is, and will be treated as, non-confidential and non-proprietary.

12.2 Your Data

You are required to review, understand, and agree to the Keyspan Privacy Policy, which describes in detail how Keyspan and its service providers collect, use, store, maintain, process, disclose, and protect your information when you use the Services. Personal Information, PII, Personal Data, PHI, Self-Reported Information, Wearable and HealthKit Data, Biomarker Test Data, and any other sensitive information (each as defined in the Keyspan Privacy Policy) are collectively referred to herein as “Your Data.” As between the parties, Your Data does and will continue to belong to you to the extent it is identified or identifiable with you as an individual. You hereby grant Keyspan a non-exclusive, sublicensable, transferable, worldwide, royalty-free, and fully paid license to use and transfer Your Data to Keyspan’s service providers (including its laboratory partners and AI service providers) as necessary for purposes of providing and enabling the operation of the Services. You will obtain all third-party licenses, consents, and permissions needed for Keyspan to use Your Data to provide the Services. You acknowledge that you bear sole responsibility for adequate security, protection, and backup of Your Data on your equipment.

12.3 Your Content

Some features of the Service may include functionality enabling you to post user content, whether publicly posted or privately transmitted, such as profiles, posts, emails, feedback, experiences, suggestions, notes, messages, photos, and videos (“Your Content”) that you have made available to Keyspan and other users of the Service. You are solely responsible for all Your Content that you choose to post or otherwise transmit to or through the Service.

Keyspan does not claim ownership of Your Content. However, when you post or publish Your Content on or in the Services, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform, and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

You are responsible for Your Content that you post, transmit, or download. Your Content does not include “Protected Health Information” as defined under HIPAA, which may be provided to us when requesting services or using the Services. The services you request through our Services do not qualify as a “standard transaction” as defined under HIPAA. You may not post Your Content that is not your own original creation or that you do not have permission to use; infringes the copyright, trademark, patent right, or other proprietary right of any person; you know to be inaccurate; is pornographic, sexually explicit, or obscene; exploits children or minors; violates the rights of privacy or publicity of any person; is harassing, libelous, slanderous, or defamatory; contains personally identifying information about any person without their consent or about a minor; is generally offensive (including blatant expressions of bigotry, prejudice, racism, hatred, profanity, or religious or political radicalism); includes advertisements, promotions, solicitations, spam, or commercial offers; is intended to provide professional advice including medical, legal, financial, or investment advice; is intended to recommend, endorse, or offer to buy or sell any securities; violates any local, state, federal, or international laws; promotes illegal or illicit activities; contains software viruses or other harmful computer code; or is intended to overwhelm or disrupt the Site. We may remove any Your Content that violates these Terms in our sole discretion.

12.4 License to Your Content; De-Identified and Aggregated Data

You retain ownership of Your Content. Subject to your account settings and this Agreement, you grant Keyspan a limited, non-exclusive, worldwide, royalty-free license, sublicensable solely to our service providers (including the AI service providers described in Section 11 and the Privacy Policy) as necessary to provide the Services, to host, store, cache, reproduce, transmit, display (only as necessary to you and authorized users you designate), and otherwise process Your Content solely to:

• (a) provide, maintain, and operate the Services for you;
• (b) secure the Services (including fraud prevention, abuse monitoring, and troubleshooting);
• (c) improve, develop, and support the Services (including quality assurance, training of Keyspan personnel, analytics, and customer support); and
• (d) comply with applicable law and enforce these Terms.

Keyspan will not publicly display Your Content or share it with other users except as you direct through the Services (for example, if you choose to share content with a coach or other users).

Health and personal data. For clarity, “Your Content” does not include “Your Data” (including Biomarker Test Data, PHI, wearable and HealthKit data, and any other health-related or sensitive personal information), which is handled as described in the Privacy Policy and any applicable informed consent or authorizations.

De-Identified and Aggregated Data; Research. Keyspan may create and use de-identified and/or aggregated information derived from Your Data and/or your use of the Services (“De-Identified Data”) for internal purposes such as research, analytics, benchmarking, product development, improving the Services, and advancing general scientific and wellness knowledge. De-Identified Data is data that does not identify you and is not reasonably linkable to you. Keyspan does not currently share or sell De-Identified Data with third parties. If our practices change in the future, we will update this Agreement and our Privacy Policy and, where required, obtain any necessary consents. Keyspan will not attempt to re-identify De-Identified Data except as permitted by law. Where De-Identified Data is derived from PHI, Keyspan will de-identify such data in accordance with applicable law and recognized de-identification standards (including, where applicable, the HIPAA Safe Harbor or expert determination method).

Service providers. Keyspan may permit trusted vendors and service providers (including the AI service providers described in Section 11 and the Privacy Policy) to process Your Content and/or Your Data on our behalf only as necessary to provide and secure the Services, and only under contractual obligations that include confidentiality, security, and (where applicable) Business Associate Agreement requirements.

Term. This license continues for as long as Your Content is stored in your account or needed to provide the Services. If you delete Your Content or close your account, we will stop using it for these purposes within a reasonable period, except to the extent we must retain certain information to comply with law, resolve disputes, enforce agreements, or maintain security/fraud-prevention records. Any retained information will be handled in accordance with the Privacy Policy.

You represent and warrant that you have the rights necessary to grant this license.

13. USER REPRESENTATIONS

By accessing or using the Website, Application, and/or the Services, you agree to, acknowledge, and represent as follows:

• Keyspan is not a health care provider and is not providing you with health care services. Your use of the Services, Materials, and Software is for the purpose of obtaining information or wellness services and not for obtaining health care services. You acknowledge that Keyspan is a separate entity from any health care providers from which you may request health care services, and you covenant not to bring any claim against Keyspan with respect to health care items or services.
• Keyspan does not provide medical advice. You understand that the Biomarker Test Data, supplements, insights, recommendations, and information you receive or learn from using the Service, including any information generated by the Kai AI health coach, are not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health or treatment thereof in the absence of specific medical advice and clinical diagnosis.
• While the Services might point to a possible health consideration, the information you receive through the Services should always be confirmed and supplemented by additional medical and clinical testing as recommended by your health care providers. Keyspan urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from any information you obtain through the Services.
• The information available through the Services is for informational and educational purposes only. We are not responsible for the accuracy or completeness of information available from or through the Services, including outputs generated by Kai or other AI features. You assume full risk and responsibility for the use of information you obtain from or through the Services.
• You give Keyspan, its third-party testing service providers, contractors, successors, and assigns the right to perform blood analysis services on the sample you provide and to disclose the Biomarker Test Data derived from your sample to you through your Account and to others authorized by you, including in accordance with our Privacy Policy and applicable Informed Consent agreements.
• You are eighteen (18) years of age or older.
• Any sample you provide is your own blood sample. You agree that you will not send us your sample if you know, should know, or have reason to believe you have an active infectious or communicable disease.
• If you are a customer outside the United States providing a sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside.
• Any sample you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
• You take responsibility for all possible consequences resulting from sharing access to your Biomarker Test Data with others.
• Except where the law requires, Keyspan has no responsibility or liability for the deletion, erasure, or failure to store any information, communications, resulting data, or content stored or transmitted by the Services.
• Keyspan has no responsibility or liability for the loss of data due to malfunction or destruction of data servers or other catastrophic events.
• By providing any sample and accessing your Biomarker Test Data, you acquire no right or commercial interest in any research or commercial products that may be developed by Keyspan or its collaborating partners.
• You understand live coaching sessions are recorded as described in Section 3.6.
• You understand and consent to the processing of Your Data by third-party AI service providers as described in Section 11 and the Privacy Policy.
• If you choose to grant Apple Health (HealthKit) permissions to the Application, you understand that the data accessed is governed by your iOS permissions and that you can review or revoke these permissions at any time in iOS Settings.

In case of breach of any of these representations, Keyspan has the right to suspend or terminate your Account and refuse any current or future use of the Services, and you will indemnify, without limit, the Keyspan Parties against any liability, costs, or damages arising out of the breach of the representations.

14. REMEDIES

You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

15. DISCLAIMER OF WARRANTIES AND CONDITIONS

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KEYSPAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, OR MATERIALS OF THE SERVICE. KEYSPAN DOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING ANY INFORMATION GENERATED BY THE KAI AI HEALTH COACH OR OTHER AI FEATURES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, INTERPRETABLE, OR ERROR-FREE. TO THE EXTENT PERMITTED BY LAW, KEYSPAN MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO SUBSCRIPTION SERVICES, INCLUDING THE QUALITY, CONDITION, EFFECTIVENESS, REPUTATION, OR OTHER CHARACTERISTICS OF SUCH SERVICES. KEYSPAN IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE.

ANY CONTENT DOWNLOADED FROM OR ACCESSED THROUGH THE KEYSPAN SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. KEYSPAN MAKES NO WARRANTY, REPRESENTATION, OR CONDITION WITH RESPECT TO SERVICES, INCLUDING THEIR QUALITY, EFFECTIVENESS, REPUTATION, OR OTHER CHARACTERISTICS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KEYSPAN OR THROUGH THE KEYSPAN SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

16. MEDICAL DISCLAIMERS

THE WEBSITE, APPLICATION, AND SERVICES DO NOT PROVIDE DIAGNOSIS OR TREATMENT OF MEDICAL CONDITIONS. THIS INCLUDES ANY INFORMATION, RECOMMENDATIONS, OR RESPONSES GENERATED BY THE KAI AI HEALTH COACH OR OTHER AI-POWERED FEATURES. ALTHOUGH EVERY EFFORT IS MADE TO ASSURE THAT INFORMATION ON THE WEBSITE AND APPLICATION IS ACCURATE AND CURRENT, KNOWLEDGE IN THESE FIELDS IS GROWING RAPIDLY AND ALL DATA IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU SHOULD CONSULT WITH YOUR HEALTH CARE PROVIDER FOR SPECIFIC ADVICE RELATING TO ANY MEDICAL QUESTIONS OR CONDITIONS. NONE OF THE INFORMATION, STATEMENTS, OR LINKS CONTAINED ON THE WEBSITE OR APPLICATION ARE INTENDED TO REPLACE THE ATTENTION OR MEDICAL INSTRUCTIONS FROM A HEALTH CARE PROFESSIONAL. ONLY YOUR PRACTITIONER CAN COMPLETELY AND APPROPRIATELY ASSESS YOUR SITUATION AND MAKE CONCLUSIVE DECISIONS REGARDING YOUR CARE. NOTHING ON THE WEBSITE OR APPLICATION IS MEANT TO IMPLY A PERSON SHOULD TAKE ACTIONS TOWARD MEDICAL TREATMENT WITHOUT THE CONSENT AND/OR SUPERVISION OF A DOCTOR OR SPECIALIST. THE SERVICE SHOULD NOT BE USED IN PLACE OF A VISIT, CALL, CONSULTATION, OR THE ADVICE OF A USER’S PERSONAL PHYSICIAN. IF YOU HAVE ANY HEALTH CARE RELATED QUESTIONS OR CONCERNS, PLEASE CALL OR SEE YOUR PHYSICIAN WITHOUT DELAY. ALWAYS CONSULT WITH YOUR PHYSICIAN OR QUALIFIED HEALTH CARE PROVIDER BEFORE ALTERING CURRENT CARE OR EMBARKING ON A NEW TREATMENT, SUPPLEMENT REGIMEN, DRUG, OR DIET. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE OR APPLICATION OR LEARNED FROM KAI.

THE RISKS OF BLOOD DRAW INCLUDE FAINTING, INFECTION, DISCOMFORT, BLEEDING FOLLOWING APPLICATION OF THE SAMPLING DEVICE, AND EXPOSURE TO CHEMICALS LEACHING IN FROM THE DEVICE. KEYSPAN MAY RECOMMEND THAT YOU HAVE A FOLLOW-UP VISIT WITH YOUR PHYSICIAN OR QUALIFIED HEALTH CARE PROVIDER AFTER REVIEWING THE RESULTS OF YOUR BLOOD SAMPLE. AS A RESULT, YOU MAY LEARN ABOUT HEALTH CONDITIONS AND PROBLEMS OR POTENTIAL HEALTH RISKS THAT YOU WERE NOT AWARE OF BEFORE YOUR PARTICIPATION IN THE SERVICES. YOU MAY EXPERIENCE STRESS, ANXIETY, OR EMOTIONAL OR PHYSICAL DISCOMFORT WHEN YOU LEARN ABOUT HEALTH PROBLEMS OR POTENTIAL HEALTH PROBLEMS. YOU COULD HAVE A DISEASE OR CONDITION EVEN THOUGH YOUR TESTS ARE IN THE NORMAL RANGE. RESULTS OUTSIDE THE NORMAL RANGE COULD LEAD TO ADDITIONAL COSTS OR DISCOMFORT IF YOUR PHYSICIAN ORDERS FOLLOW-UP TESTS. THERE MAY BE ADDITIONAL RISKS TO PARTICIPATING IN THE SERVICES THAT ARE CURRENTLY UNFORESEEABLE. DIETARY SUPPLEMENTS OR RECOMMENDATIONS PROVIDED TO YOU MAY OR MAY NOT BE BENEFICIAL TO YOU AND MAY CAUSE OR EXACERBATE CERTAIN MEDICAL PROBLEMS. YOU TAKE THESE DIETARY SUPPLEMENTS OR FOLLOW ANY RECOMMENDATIONS AT YOUR OWN RISK. IF AT ANY TIME YOU FEEL UNWELL OR ILL, YOU SHOULD SEEK MEDICAL HELP IMMEDIATELY AND DISCONTINUE USE OF ANY NUTRITIONAL SUPPLEMENTS WE HAVE PROVIDED TO YOU.

16.1 No Liability for Conduct of Third Parties

YOU ACKNOWLEDGE AND AGREE THAT THE KEYSPAN PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE KEYSPAN PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE WEBSITE, INCLUDING OPERATORS OF EXTERNAL SITES AND THIRD-PARTY AI SERVICE PROVIDERS, AND THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

16.2 No Liability for Conduct of Other Users

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE KEYSPAN SERVICES. YOU UNDERSTAND THAT KEYSPAN DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES.

16.3 Disclaimer of Certain Damages

YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL KEYSPAN, THE KEYSPAN PARTIES, OR ANY OF KEYSPAN’S CORPORATE AFFILIATES, SUCCESSORS, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, OR CONSULTANTS, OR ANY OF THEIR DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, OR DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT KEYSPAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING AI SERVICE PROVIDERS; OR (5) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A KEYSPAN PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A KEYSPAN PARTY’S NEGLIGENCE; OR (B) ANY INJURY CAUSED BY A KEYSPAN PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

16.4 Cap on Liability

TO THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF KEYSPAN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, EQUITY, OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICE, SHALL NOT EXCEED ANY FEES YOU PAID TO KEYSPAN DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO KEYSPAN, SUCH AMOUNT SHALL BE ONE HUNDRED DOLLARS ($100). CERTAIN JURISDICTIONS MAY NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS SPECIFIED ABOVE, AND THEREFORE, DEPENDING ON YOUR LOCATION, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT BE APPLICABLE TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “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.” YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS IF YOU ARE LOCATED IN A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE § 1542.

EXCEPT FOR KEYSPAN’S EFFORTS TO PROTECT YOUR PERSONAL INFORMATION AS SET FORTH IN KEYSPAN’S PRIVACY POLICY, KEYSPAN ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY CONTENT (INCLUDING YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS, OR PERSONALIZATION SETTINGS.

YOU AGREE THAT THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KEYSPAN AND YOU.

17. COMPLAINTS

If you have any complaints with respect to our Services, including Subscription Services or Kits (“Complaints”), please direct them to our Customer Service by submitting a request to support@keyspan.ai. We will do our best to address and answer your Complaints. We request that you attempt to resolve any Complaints first with us. If you feel that your Complaints have been addressed incompletely, we invite you to let us know again by using the above process for further investigation.

18. DISPUTE RESOLUTION

IMPORTANT — PLEASE READ THIS SECTION CAREFULLY. THIS SECTION REQUIRES YOU TO RESOLVE DISPUTES WITH KEYSPAN THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. IT WAIVES YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. BY AGREEING TO THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION AND CLASS-ACTION WAIVER PROVISIONS SET FORTH BELOW.

18.1 Governing Law and Arbitration

These Terms will be governed by, and construed in accordance with, the laws of the State of Texas, notwithstanding the conflict of laws doctrine of that or any other jurisdiction. Any dispute, controversy, or claim arising out of or relating to this Agreement shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitration shall be held in Houston, Texas unless the parties mutually agree on a different location. If the losing party does not abide by the decision and award within thirty (30) days, then the prevailing party may file suit in a court of competent jurisdiction to enforce the arbitrator’s decision and award. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

18.2 No Class Actions

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You may not bring a claim as part of a class arbitration, class action, private attorney general action, or consolidation with other arbitrations.

18.3 Time Limitation to Bring Claims

Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or your use of the Service must be filed within one (1) year after such claim or cause of action arose, otherwise such claim or cause of action will be barred forever.

19. NO ASSIGNMENT; WAIVER

19.1 No Assignment

You shall not assign, subcontract, delegate, or otherwise transfer this Agreement, or any of your rights or obligations herein, without obtaining the prior written consent of Keyspan, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon the parties and their respective successors and permitted assigns.

19.2 No Waiver

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. ENTIRE AGREEMENT

These Terms are the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.

21. ELECTRONIC COMMUNICATIONS

Communications between you and Keyspan use electronic means, whether you use the Website, Application, or Services or send us emails, or whether Keyspan posts notices on the Website or the Application or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Keyspan in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, session-recording notices, and other communications that Keyspan provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in hardcopy writing. The foregoing does not affect your non-waivable rights.

By providing your cell phone number and using the Services, you affirmatively consent to our use of your cell phone number for calls and texts in order to perform and improve upon the Services, including notifications generated by Kai. Keyspan will not assess and charge for any calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt out of receiving text messages from us by emailing support@keyspan.ai.

In addition to the above process, residents of certain states may have additional rights under the applicable state laws with respect to consumer complaints.

22. CHANGES TO THE SERVICE OR THESE TERMS

We may change, update, or add or remove provisions of these Terms at any time by posting the updated Terms. Your use of the Service after we have updated the Terms shall constitute your acceptance of all of the updated Terms. In the event of any conflict or inconsistency between these Terms, our Privacy Policy, and any rules, restrictions, limitations, terms, and/or conditions that may be posted at various points on the Website or otherwise communicated to users, we shall determine which rules, restrictions, limitations, terms, and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination. If you do not agree with any of the updated Terms you must stop using the Website. PLEASE REGULARLY CHECK THE WEBSITE AND APPLICATION TO VIEW THE THEN-CURRENT TERMS.

23. COPYRIGHT/TRADEMARK INFORMATION; DMCA

Trademark™ 2023, Keyspan, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties. We respect the rights of intellectual property holders. If you believe that any content on the Website or Application violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). In the case of an alleged infringement, please provide:

• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site (including the exact URL);
• An address, a telephone number, and an email address where we can contact you;
• A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and
• Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

24. QUESTIONS OR ADDITIONAL INFORMATION

If you have any questions regarding these Terms, please send an email to support@keyspan.ai.