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Privacy Policy
Version: 1.0

Effective: May 27, 2019
Last Updated: May 27, 2019

PRIVACY POLICY

OlaWell Inc., ("OlaWell", "we" or "us") is committed to protecting the privacy of all visitors to
the OlaWell website. OlaWell privacy policy consists of 4 sections (1) privacy statement, (2)
notice of privacy practices, (3) GDPR privacy policy and (4) safe harbor privacy policy.

1. PRIVACY STATEMENT

OlaWell has established this Privacy Statement to inform you of the specific practices and
guidelines that help ensure the security and confidentiality of your personal information. By
using or accessing in any way the websites we control and operate, including www.olawell.com
(our "Websites"), and our online requisition portal https://account.olawell.com/user/login (our
"Account Portal") or by transmitting information to us by email or other electronic means, you
agree to the terms of this Privacy Statement. If you do not agree with the terms of this Privacy
Statement, please do not access or use the Websites.

NOTE: If you are accessing our Website from within the European Economic Area (EEA), or
have obtained OlaWell services while within the EEA, please review our GDPR Privacy Policy,
available as a part of this document. OlaWell intends to provide GDPR protection consistently to
individuals regardless of whether GDPR applies.

UPDATES

OlaWell may revise this Privacy Statement from time to time. All updates to this statement will
be posted on this web page. If we make significant changes, OlaWell will notify you by posting a
notice on the website. Please check the website for the most current version of our Privacy
Statement. Your continued use of the website after we have posted a notice on the website
constitutes your acceptance of such changes.

LINKED WEBSITES

The OlaWell Websites may contain links to external websites. OlaWell does not maintain these
sites and is not responsible for the privacy practices of sites that it does not operate. Please refer
to the specific privacy statements posted on these sites.

AGGREGATE DATA COLLECTION

OlaWell tracks visits to our Websites and uses visitor logs to compile anonymous aggregate
statistics. This aggregate information is collected sitewide and includes anonymous website
statistics. In addition, when you browse our Websites, our system automatically collects
information such as your web request, Internet Protocol ("IP") address, browser type, browser
language, domain names, referring and exit pages and URLs, platform type, pages viewed and
the order of these page views, the amount of time spent on particular pages, the date and time of
your request and one or more cookies that may uniquely identify your browser. This information
is used to analyze trends, administer the Websites, improve the design of our Websites, and
otherwise enhance the services we provide.

COOKIES

Certain pages of the Websites and/or html email correspondence may use session cookies,
persistent cookies or web beacons to anonymously track unique visitors, save website
preferences and to allow us to recognize visits from the same computer and browser. You have
the option to reject the Websites's; cookies and still use the Website. However, your access to
the Website may be limited.

CHILDREN

The OlaWell Websites are directed toward adults. If you are under the age of 16, you must
obtain the authorization of a responsible adult (parent, legal custodian, or teacher) before using
or accessing our Websites. We will not knowingly collect or use any personal information from
any children under the age of 16. If we become aware that we have collected any personal
information from children under 16, we will promptly remove such information from our
databases.

TYPES OF PERSONAL INFORMATION COLLECTED

OlaWell may collect, store, and use personally identifiable information that you provide or we
receive from others, such as:

• Registration Information: Information submitted when creating an account. (I.E
  name,
• email address/preference, postal code, telephone number).
• Information you submit when contacting us: (I.E. name, contact information, any
  other
• information you chose to submit).
• Information you submit to the Account Portal.
• Information from third parties (I.E. Information submitted by a physician)
• Job application information: (I.E. references or background check for job applicants,
• resume, contact information, employment and education history).

USE OF PERSONAL INFORMATION

OlaWell may collect, store and use personally identifiable information for our general
commercial purposes, such as to improve our Websites, and to offer you information which we
believe may be of interest to you. This may include the following purposes, for example:

• To contact you,
• To improve this website and expand our business,
• To provide you with information that you have requested,
• To respond to your inquiries,
• To provide you with technical support,
• To enforce our Terms and Conditions and other policies governing uses of our Websites,
• To alert you to new features or services,
• To communicate with you about your transactions or potential transactions with us,
• To provide information about our Websites, login information, and related clinical and research information,
• To administer your account,
• To ensure that our Websites and Services function properly,
• To keep our website secure,
• To measure and understand the effectiveness of advertising and outreach,
• If you are a healthcare provider or patient ordering our Services, to contact you about research opportunities, clinical trials, or clinical treatments for you or your patients when appropriate.

DISCLOSURE OF PERSONAL INFORMATION

OlaWell will not sell or rent your personal information to any other company or organization.
OlaWell may access and/or disclose your personal information in the following circumstances:

• If you request or authorize it;
• If the Information is provided to help complete a transaction for you;
• If the Information is provided to comply with the law, applicable regulations, or if we
  believe necessary or appropriate in connection with an investigation of illegal activity
  or to enforce the policies governing our website.
• If the disclosure is done as part of a purchase, transfer or sale of services (I.E.
  Corporate restructuring, merger or consolidation with, or sale of substantially all of
  our assets to a third party.)
• If the Information is provided to third party service providers to perform functions on
  our behalf (I.E. analyzing data, providing marketing assistance, providing customer
  services).

SECURITY MEASURES

Information that you provide to OlaWell through these Websites is encrypted using industry
standard Secure Sockets Layer (SSL) technology, with the exception of information you send via
email. Your information is processed and stored on controlled servers with restricted access.
Unfortunately, we cannot ensure or warrant the security of any information you transmit to our
Websites, and you do so at your own risk. As a consequence, OlaWell disclaims any warranties
or representations relating to maintenance or nondisclosure of private information.

INFORMATION ACCESS, UPDATES AND CHOICE

You may choose to provide information to OlaWell by completing the registration form, sending
us an email or otherwise contacting us. In the registration form, you may have an opportunity
to elect to receive certain communications from us. OlaWell email correspondence will include
instructions on how to update certain personal information and how to unsubscribe from our
emails and postal mail correspondence. Please follow the instructions in the emails to notify
OlaWell of changes to your name, email address and preference information. OlaWell will take
reasonable steps, such as confirmation emails, to verify your identity before granting access to
your personal information. If you choose to unsubscribe from our email and/or postal mail
services, you will no longer receive this correspondence. However, OlaWell may retain your
information for a period of time to resolve disputes, troubleshoot problems or for other valid
business or legal reasons.

THIRD PARTY INFORMATION

You agree that you have provided notice to, and obtained consent from, any third party
individuals whose personal information you supply to us, including with regard to: (a) the
purposes for which such third party's personal information has been collected; (b) the intended
recipients or categories of recipients of the third party's personal information; (c) which of the
third party's information is obligatory and which information, if any, is voluntary; and (d) how
the third party can access and, if necessary, rectify the information held about them.

FINANCIAL INFORMATION:

We do not currently collect financial information, such as your payment method (valid credit
card number, type, expiration date or other financial information); that information is collected
and stored by our third-party payment processing company (the “Payment Processor”), and use
and storage of that information is governed by the Payment Processor’s applicable terms of
service and privacy policy.

EMAIL COMMUNICATIONS WITH US:

As part of the Services, you may occasionally receive email and other communications from us,
such as communications relating to your Account. Communications relating to your Account
will only be sent for purposes important to the Services, such as password recovery.

GOVERNING LAW

Our Websites are controlled and operated by OlaWell. By choosing to visit our Websites or
otherwise provide information to OlaWell, you agree that any dispute over privacy or the terms
contained in this Privacy Statement will be governed by the laws of the State of Massachusetts.
If you are accessing our Websites from any location with regulations or laws governing personal
data collection, use or disclosure that differ from United States laws or regulations, please note
that through your continued use of our Websites, which is governed by the laws of the State of
Massachusetts and the United States of America and this Privacy Statement, you are
transferring personal information to the United States of America and you consent to that
transfer and to the collection and processing of such information in the United States. You also
consent to the adjudication of any disputes arising in connection with our Websites in the
federal and state courts of Essex County in the State of Massachusetts. You also agree to
attempt to mediate any such disputes.

ACCOUNT PORTAL

In addition to the other terms of this Privacy Statement, the following terms concern how
medical information concerning our patients is used or disclosed through our Account Portal.

Users - The Account Portal is only for the use of physicians and their authorized representatives
as stated in the Terms and Conditions of Use for the Account Portal.

Protected Health Information - The Account Portal is used for the storage and transmission of
Protected Health Information between OlaWell and physicians and their authorized
representatives. Protected Health Information is used in accordance with the Health
Information Portability and Accountability Act (HIPAA) and applicable federal and state laws
governing patient privacy. Protected Health Information available on the Account Portal may
only be used or disclosed for treatment and other authorized purposes as stated in the Notice
of Privacy Practices.

Security Measures - Information accessed through this Account Portal, including Protected
Health Information, is secured using administrative, physical and technical safeguards. For
example, the transfer of information is encrypted using industry standard Secure Sockets Layer
(SSL) technology and information is stored on controlled servers with restricted access. All
access is password protected and each individual user has his/her own user name and
password. All access is tracked at OlaWell for security purposes.

2. NOTICE OF PRIVACY PRACTICES

This Notice describes the privacy practices of OlaWell, its employees and other personnel.

OUR RESPONSIBILITY

OlaWell and the members of its workforce are committed to protecting the privacy and
confidentiality of your personal information, microbiome information and laboratory test results.

OlaWell is required by the Health Insurance Portability and Accountability Act of 1996
(HIPAA) to keep your personal health information ("Protected Health Information") confidential.
This Notice that describes our legal duties, privacy practices and explains your patient privacy
rights. When we use or disclose your Protected Health Information, we are required to abide by
the terms of this Notice.

What is protected health information?

Protected Health Information is your demographic information, medical history, laboratory
results, insurance information and other health information that is collected, generated, used and
communicated by OlaWell to produce microbiome testing results and bill for our testing
services. Examples of Protected Health Information include your name, date of birth, medical
record number, social security number, insurance beneficiary number and microbiome
information.

How we use and disclose your health information

Your Protected Health Information may be used and disclosed for treatment, payment, healthcare
operations and other purposes permitted or required by law. OlaWell may use and disclose your
Protected Health Information for the following purposes: We may use or disclose your Protected
Health Information for treatment purposes. For example, we may use your Protected Health
Information to perform our testing services and disclose your microbiome testing results to your
physician and other healthcare providers involved in your care.

HEALTHCARE OPERATIONS

We may use and disclose your Protected Health Information for our healthcare operations. For
example, we may use your Protected Health Information to monitor the quality of our testing
services including 3rd party laboratory business associates (as defined in OlaWell Terms of Use)
and review the competence and qualifications of our laboratory professionals.

PERSONAL REPRESENTATIVES

We may disclose Protected Health Information about you to your authorized personal
representative, such as a lawyer, administrator, executor or other authorized person responsible
for you or your estate.

COMMUNICATIONS ABOUT PRODUCTS AND SERVICES

We may use and disclose your Protected Health Information to contact you about other OlaWell
products and services which we believe may be of interest to you. Any use, disclosure or sale of

Protected Health Information to third parties for marketing purposes requires your written
authorization.

DISCLOSURES TO BUSINESS ASSOCIATES

We may disclose your Protected Health Information to other companies or individuals, known as
"Business Associates," who provide services to us. For example, we may use a company to
perform billing services on our behalf. Our Business Associates are required to protect the
privacy and security of your Protected Health Information and notify us of any improper
disclosure of information.

AS REQUIRED BY LAW

We must disclose your Protected Health Information when required to do so by any applicable
federal, state or local law.

PUBLIC HEALTH ACTIVITIES

We may disclose your Protected Health Information for public health-related activities.
Examples include: reporting diseases to authorized public health authorities or public health
investigations; or notifying a manufacturer of a product regulated by the U.S. Food and Drug
Administration of a possible problem encountered when using the product in our testing process.

HEALTH OVERSIGHT ACTIVITIES

We may disclose your Protected Health Information to a healthcare oversight agency for
activities that are authorized by law, such as audits, investigations, inspections and licensure
activities. For example, we may disclose your Protected Health Information to agencies
responsible for ensuring compliance with the rules of government health programs such as
Medicare or Medicaid.

RESEARCH

Under certain circumstances, we may use or disclose your Protected Health Information for
research purposes. All research projects at OlaWell are subject to review by a committee
responsible for ensuring the protection of individual research subjects, appropriate patient
authorization and an adequate plan to safeguard Protect Health Information. In preparation for
research, we may review limited Protected Health Information to draft research protocols, to
identify prospective research participants or for similar purposes provided the information is not
removed from our premises.

CORONERS, MEDICAL EXAMINERS AND FUNERAL DIRECTORS

We may disclose Protected Health Information to coroners, medical examiners or funeral
directors to identify a deceased patient, to determine cause of death or other duty authorized by
law.

JUDICIAL AND ADMINISTRATIVE PROCEEDINGS

Under certain circumstances, we may disclose your Protected Health Information in the course of
a judicial or administrative proceeding in response to a court order, subpoena or other lawful
process.

LAW ENFORCEMENT

We may disclose your Protected Health Information to the police or other law enforcement
officials as required by law or in compliance with a court order, warrant, subpoena, summons or
other legal process for locating a suspect, fugitive, witness, missing person or victim of a crime

THREATS TO HEALTH OR SAFETY

We may disclose Protected Health Information to prevent or reduce the risk of a serious and
imminent threat to the health or safety of an individual or the general public.

VICTIMS OF ABUSE, NEGLECT OR VIOLENCE

If required or authorized by law, we may disclose Protected Health Information to a government
agency, such as social services or a protective services agency, if we reasonably believe that an
individual adult or child is the victim of abuse, neglect or domestic violence.

SPECIALIZED GOVERNMENT FUNCTIONS

Under certain circumstances, we may disclose your Protected Health Information to units of the
government with special functions, such as the U.S. Military or the U.S. Department of State.

WORKERS COMPENSATION PROGRAMS

We may disclose your Protected Health Information as necessary to comply with requirements of
workers' compensation or similar programs that provide benefits for work-related injuries or
illness.

ALL OTHER USES AND DISCLOSURES OF PROTECTED HEALTH
INFORMATION

We will ask for your written authorization before using or disclosing your Protected Health
Information for any purpose not described above. You may revoke your authorization, in writing,
at any time, except for disclosures that the company has already acted upon.

Your rights regarding your medical information

You have the following rights with respect to your Protected Health Information. To exercise
any of these rights, please contact our Privacy Office using the contact information provided at
the end of this Notice.

ACCESS TO PROTECTED HEALTH INFORMATION

You, or your authorized or designated personal representative, have the right to inspect and copy
the Protected Health Information maintained by us. We may deny access to certain information
for specific reasons, for example, where Federal and state laws regulating laboratories prohibit us
from disclosing microbiome testing results directly to a patient. We strive to respond to all
complaints as quickly as possible, usually within 30 days of your request.

RESTRICTIONS ON USES AND DISCLOSURES

You have the right to request restrictions on our use and disclosure of your Protected Health
Information. While we will consider all requests for additional restrictions carefully, we are not
required to agree to a requested restriction except for Payment or Operations restrictions where
payment has been made "out-of-pocket" and paidin-full. If we do agree to a requested restriction,
we will notify you in writing.

CONFIDENTIAL COMMUNICATIONS

You have the right to request that we communicate with you about your Protected Health
Information by alternative means or to an alternative address. Your request must be in writing
and must specify the alternative means or location. We will accommodate reasonable requests
for confidential communications.

CORRECT OR UPDATE INFORMATION

If you believe the Protected Health Information we maintain about you contains an error, you
may request that we correct or update your information. Your request must be in writing and
must explain why the information should be corrected or updated. We may deny your request
under certain circumstances and provide a written explanation. We strive to respond to all
requests, and will provide a response as quickly as possible, usually within 60 days.

ACCOUNTING OF DISCLOSURES

You may request a list, or accounting, of certain disclosures of your Protected Health
Information made by us or our business associates for purposes other than treatment, payment,
healthcare operations and certain other activities. The request must be in writing and the list will
include disclosures made within the prior six years.

COPY OF NOTICE

Upon request, you may obtain a paper or electronic copy of this Notice.

Information breach notification

We are required to notify you following the discovery of a breach of unsecured Protected Health
Information, unless there is a demonstration, based on a risk assessment, that there is a "low
probability" that the Protected Health Information has been compromised. You will be notified
in a timely fashion, no later than 60 days after discovery of the breach.

Questions and complaints

If you have questions or concerns about our privacy practices or would like a more detailed
explanation about your privacy rights, please contact our Privacy Office using the contact
information below.

If you believe that we may have violated your privacy rights, you may submit a complaint to our
Privacy Office. You also may submit a written complaint to the U.S. Department of Health and
Human Services. We will provide you with the address to file your complaint with the U.S.
Department of Health and Human Services upon request. OlaWell will not take retaliatory action
against you and you will not be penalized in any way if you choose to file a complaint with us or
with the U.S. Department of Health and Human Services.

Changes to our notice of privacy practices

We reserve the right to change our privacy practices and the terms of this Notice at any time,
provided such changes are permitted by applicable law. We will promptly post any changes to
this Notice on our website at www.olawell.com. Please review this website periodically to ensure
that you are aware of any updates.

Contact information

When communicating with us regarding this Notice, our privacy practices or your privacy rights,
please contact the Privacy Office using the following contact information:

OlaWell Inc.
Attention: Privacy Officer
PO 185 Manchester,
MA 01944
USA
aberbic@olawell.com

3. GDPR PRIVACY POLICY

OlaWell has established this GDPR Privacy Policy to inform you of the specific practices and
guidelines that help ensure the security and confidentiality of your personal information. By
using or accessing in any way the websites we control and operate, including www.olawell.com
(our "Website(s)";), and our online requisition portal account.olawell.com/user/login (our
"Account Portal") or by transmitting information to us by email or other electronic means, you
agree to the terms of this GDPR Privacy Policy. If you do not agree with the terms of this
GDPR Privacy Policy, please do not access or use the Websites.
OlaWell is committed to upholding the confidentiality of personal information and strives to
collect, use and disclose personal information in a manner consistent with the laws and
regulations of the countries in which it does business.

1. Your Legal Rights: What Rights you have to your Data.

Subject to applicable law, you have a number of rights regarding the Processing of your
Personal Data. These rights include:

• The right to request access to, or copies of, your Personal Data that OlaWell
  Processes or controls; together with information regarding the nature, processing
  and disclosure of those Personal Data:
   
• The right to request rectification of any inaccuracies in your Personal Data
  that OlaWell Processes or controls;
   
• The right to request erasure of your Personal Data or restriction of
  Processing of your Personal Data that OlaWell controls or Processes.
   
• The right to have your Personal Data that OlaWell controls or Processes
  transferred to another Controller, to the extent applicable;
   
• Where OlaWell processes your Personal Data on the basis of your consent,
  the right to withdraw that consent;
   
• The right to lodge a complaint with a Data Protection Authority regarding the
  Processing of Personal Data by OlaWell or on OlaWell’s behalf.
   
• The right to object to the Processing of your Personal Data by OlaWell.
   
• The Right to object to the Processing of your Personal Data by OlaWell, or to
   
• Processing on our behalf, for direct marketing purposes.

2. Data Minimization: How much Data we collect.

OlaWell take reasonable steps to ensure that Personal Data Processed by OlaWell is limited
to the Personal Data reasonably required in connection with the purposes set out in this
Policy.

3. Data Retention: How long we hold Your Data.

OlaWell take reasonable steps to ensure that your Personal Data is only Processed for the
minimum period necessary for the purposes set out in this Policy. The criteria for determining
the duration for which OlaWell retains your Personal Data is as follows:

    i. OlaWell will retain copies of your Personal Data in a form that permits identification
      only for as long as:

             A. OlaWell maintains an ongoing relationship with you; or

            B. Your Personal Data is necessary in connection with the lawful purposes set out in
                this Policy, for which OlaWell has a valid legal basis.

     ii. Additionally, OlaWell will retain copies for the duration of:

             A. Any applicable limitation period under applicable law (i.e. any period during
                 which any person could bring a legal claim against us in connection with
                 your Personal Data, or to which your Personal Data may be relevant); and

            B. An additional 2 (two) month period following the end of any such
                applicable limitation period.

     iii. In addition, if any relevant legal claims are brought, OlaWell may continue to Process
          your Personal Data for such additional periods as are necessary in connection with that
         claim.

During the periods noted in paragraph ii (A) and ii (B), OlaWell will restrict our Processing of
your Personal Data to storage of, and maintaining the security of, that data, except to the
extent that the data need to be reviewed in connection with any legal claim or obligation.

Once the applicable period has ended, OlaWell will either:

• Permanently Destroy or delete the relevant Personal Data;
   
• Achieve your Personal Data so that it is beyond use; or
   
• Anonymise the Relevant Personal Data.

4. Data Security: How we keep your Data safe.

OlaWell has implemented appropriate technical and organizational security measures designed
to protect your Personal Data against accidental or unlawful loss, alteration, disclosure, access,
destruction, and unlawful or unauthorized forms of Processing.

Information that you provide to OlaWell through these Websites is encrypted using industry
standard Secure Sockets Layer (SSL) technology, with the exception of information you send
via email. Your information is processed and stored on controlled servers with restricted access.
Unfortunately, we cannot ensure or warrant the security of any information you transmit to our
Websites, and you do so at your own risk. As a consequence, OlaWell disclaims any warranties
or representations relating to maintenance or nondisclosure of private information.

5. Data Accuracy: How we make sure your Data is accurate.

OlaWell takes reasonable steps to ensure that Personal Data that is Processed by OlaWell is
accurate, and, if necessary, up to date, and to ensure that any of your Personal Data processed
by OlaWell that is inaccurate (having regard to the purposes for which it is Processed) is
erased or rectified. OlaWell may ask you to confirm the accuracy of your Personal Data.

6. Disclosure of Personal Data to Third Parties: Who we may provide your Data to,
and why.

OlaWell may disclose your Personal Data to other entities for legitimate business purposes
(including providing services to you and operating our Websites) in accordance with applicable
law. In addition, OlaWell may disclose your Personal Data to:

• You, and, where appropriate, your family or authorized legal representative.
   
• Your Physician (where appropriate)
   
• Third party Processors (e.g. payment services providers, shipping companies, etc).
   
• Web service providers: (e.g. cloud storage, data aggregation services, targeted marketing)
   
• Information OlaWell shares with commonly owned entities.
   
• Any relevant third-party acquirer(s), in the event that we sell or transfer all or any
  relevant portion of our business or assets (including in the event of a reorganization,
  dissolution, or liquidation).
   
• Disclosures required by law or for regulatory compliance.
   
• Any relevant party for the purposes of prevention, investigation, detection or
  prosecution of illegal activity that may expose us to legal liability or costs, to enforce
  our policies governing our Websites.

Our Websites may use third party plugins or content. If you chose to interact with any such plug-
in or content, your Personal Data may be shared with the third-party provider of the relevant
social media platform. OlaWell recommend that you review that third party’s privacy policy
before interacting with its plugins or content.

If OlaWell engages a third-party Processor to Process your Personal Data, the Processor will
be subject to binding contractual obligations to only Process the Personal Data in accordance
with our prior written instruction, and to use measures to protect the confidentiality and
security of the Persona Data, along with any additional requirements under applicable law.

OlaWell uses Amazon Web Services (“AWS”) as a Processor. For more information about
the protections offered by AWS, please visit their webpage at
https://aws.amazon.com/compliance/eu-data-protection/.

OlaWell uses Microsoft Azure (Microsoft) as a Processor. For more information about the
protections offered by Microsoft, please visit their webpage at https://www.microsoft.com/en-
us/trustCenter/privacy/gdpr.

7. Cookies: How our website collects information.

Certain pages of our Websites or email correspondence may use session cookies, persistent
cookies, or web beacons to anonymously track unique visitors, save website preferences, and
allow us to recognize visits from the same computer and browser. You have the option to reject
our Website’s cookies and still use our Websites; however, your access may be limited.

8. Direct Marketing: We may, with your consent, contact you with new products or
services.

OlaWell may Process your Personal Data to contact you, primarily via email, so OlaWell may
provide you with information concerning products and services that may be of interest.
OlaWell will not take these actions without having first obtaining your consent. If you do not
wish to receive marketing emails from us, you can opt out at any time.

9. International Transfer of Personal Data: Why OlaWell may transfer your data
overseas.

OlaWell may need to transfer your Personal Data within OlaWell, and to third parties as noted
above, in connection with the purposes set out in this Policy. For this reason, OlaWell may
transfer your Personal Data to other countries that may have different laws and data protection
compliance requirements. There is the possibility these countries will have a lower standard of
protection than those that would apply in the country in which you are located in. Where
OlaWell transfers your Personal Data to other countries, it is on the basis of:

• Adequacy decisions;
   
• Binding Corporate Rules;
   
• Suitable Standard Contractual Clauses; or
   
• Other valid transfer mechanisms.

For more information on these safeguards, please contact OlaWell via the information provided
in Section 12.

10. Processing your Personal Data: How OlaWell uses your Personal Data.

Collection of Personal Data: OlaWell collects Personal Data about you from a variety of sources:

• OlaWell obtains your Personal Data when you provide it to us (e.g. where you contact
  us via email or telephone or by other means).
   
• OlaWell may request your Personal Data when such collection is necessary to fulfill
  the services you have selected.
   
• OlaWell collects your Personal Data in the ordinary course of our relationship with you.
   
• OlaWell collects Personal Data that you manifestly choose to make public, including
  Social Media.
   
• OlaWell receives Personal Data from third parties who provide it to us (e.g. your
  doctor, law enforcement agencies)
   
• OlaWell receives Personal Data from third parties when you purchase any of our
  products or services through such third parties.
   
• OlaWell collects or obtains Personal Data when you visit our Websites or use any
  features or resources available on or through our Websites. When you visit our
  Websites, your device and browsers may automatically disclose certain information,
  such as device type, operating system, browser type, browser settings, IP address,
  language settings, time and date of connection, and other technical information, some of
  which may constitute Personal Data.

Creation of Personal Data: OlaWell creates Personal Data about you, such as records of your
interactions with us, and details about your account, subject to applicable law.

Relevant Personal and Sensitive Personal Data: The categories of Personal and Sensitive
Personal Data about you that OlaWell Processes, subject to applicable law, are as follows:

• Registration Information: Personal Details (name; gender; date of birth; age; nationality)
   
• Authentication data (passwords; security questions & answers)
   
• Contact details (address; telephone number; email address; social media profiles)
   
• Referral Information: Details on people or entities you’d like your data shared with (i.e.
  Doctor, Family Member)
   
• Views and opinions: any views or opinion that you choose to send to us.
   
• Microbiome Data: As submitted to us for testing in relation to OlaWell Products.
   
• Electronic identifying Data: IP addresses; cookies; activity logs; online identifiers;
  unique device identifies; geolocation data.
   
• Job application information (references or background check for job applicants,
  resume, contact information, employment and education history).

Processing your Sensitive Personal Data: OlaWell will seek to collect or otherwise Process
your Sensitive Personal Data only when:

• OlaWell has, in accordance with applicable law, obtained your explicit consent prior
  to processing your Sensitive Personal Data. (I.E. in relation to ordering a OlaWell
  product).
   
• The Processing is necessary for the detection or prevention of crime, to the extent
  permitted by applicable law.
   
• The Processing is necessary for compliance with a legal obligation.
   
• The Processing is necessary for the establishment, exercise or defense of legal rights.
   
• The Processing is necessary for reasons of substantial public interest and occurs on the
  basis of an applicable law that is proportionate to the aim pursued and provides for
  suitable and specific measures to safeguard your fundamental rights and interest.

Purposes for which OlaWell may Process your Personal Data, and legal basis for Processing:
The purposes for which OlaWell may Process Personal Data, subject to applicable law, and the
legal basis on which OlaWell may perform such Processing, are:

11. Scope: Who this policy applies to.

This GDPR Privacy Policy (the “Policy”) sets forth the privacy principles that OlaWell
follows with respect to the processing of personal data where:

a. The processor or controller is located within the European Union (EU);

b. The data subject is located within the EU, by a controller or processor not
    established in the EU, where the processing relates to:

          i. The offering of goods or services to data subjects in the EU;

         ii. The monitoring of data subject’s behavior, as far as it takes places in the EU.

c. The controller is not established in the EU, but in a place where EU Member State
    law applies by virtue of public international law.

NOTE: OlaWell intends to provide GDPR protection consistently to individuals, regardless if
GDPR applies.

12. Contact Details: How you can contact OlaWell.

If you have comments, questions or concerns about any of the information in this Policy,
or any other issues relating to the Processing of Personal Data by OlaWell, please contact
OlaWell at:

OlaWell Inc.
PO 185 Manchester,
MA 01944
USA
aberbic@olawell.com

13. Changes to this policy: How we’ll contact you if we update this document.

OlaWell may revise this Privacy Statement from time to time. All updates to this statement
will be posted on this web page. If we make significant changes, OlaWell will notify you by
posting a notice on our Websites. Please check our Websites for the most current version of
our Privacy Statement. Your continued use of the website after we have posted a notice on the
website constitutes your acceptance of such changes.

14. Definitions: How specific terms are defined

4. SAFE HARBOR PRIVACY POLICY

OlaWell is committed to upholding the confidentiality of personal information and strives to
collect, use and disclose personal information in a manner consistent with the laws and
regulations of the countries in which it does business. OlaWell fully intends to follow all
applicable regulations promulgated on the topic of transatlantic exchanges of personal data for
commercial purposes, including the EU-US Privacy Shield and The Data Protection Act 1998 of
the United Kingdom. Further, OlaWell is committed to fully preparing for the upcoming General
Data Protection Regulations (GDPR) which are set to come into enforcement on May 25, 2018.

This Safe Harbor Privacy Policy (the “Policy”) sets forth the privacy principles that OlaWell
follows with respect to personal information transferred from the European Economic Area
(“EEA”) (which includes the 27-member states of the European Union (EU) plus Iceland,
Liechtenstein and Norway) and Switzerland to the United States of America.

1. SAFE HARBOR

The United States Department of Commerce, the European Commission and the Swiss Federal
Data Protection and Information Commissioner (FDPIC) have jointly agreed on a set of data
protection principles and frequently asked questions (the “Safe Harbor Principles”) to enable
U.S. companies to satisfy the requirement under European Union and Swiss law that adequate
protection is given to personal information transferred from the EU or Switzerland to the United
States.

The EEA and Switzerland have recognized the U.S. Safe Harbor as providing adequate data
protection. OlaWell has established a comprehensive Privacy and Security Compliance program
and is committed to protecting personal privacy consistent with the seven Safe Harbor Principles.

2. SCOPE

This Safe Harbor Privacy Policy (the “Policy”) applies to all personal information received by
OlaWell in the United States of America from the EEA and Switzerland, in any form including
electronic, paper or verbal.

3. DEFINITIONS

For purposes of this Policy, the following definitions shall apply: "Agent" means any third party
that collects or uses personal information under the instructions of OlaWell or to which OlaWell
discloses personal information for use on OlaWell’s behalf.

"OlaWell Inc.” means OlaWell, its successors, affiliates, subsidiaries, divisions and groups in the
United States of America.

"Personal information" means any information or set of information that identifies or is used by
or on behalf of OlaWell to identify an individual. Personal information does not include
information that is encoded or anonymized, or publicly available information that has not been
combined with non-public personal information. "Sensitive personal information" means
personal information that reveals race, ethnic origin, political opinions, religious or philosophical
beliefs or trade union membership, or that concerns health or sex life. OlaWell will treat any
information received from a third party as sensitive personal information where that third party
treats and identifies the information as sensitive personal information.

4. PRIVACY PRINCIPLES

The privacy principles in this Policy are based on the Safe Harbor Principles. Notice: Where
OlaWell collects personal information directly from individuals in the EEA or Switzerland, it
will inform them about the purposes for which it collects and uses such personal information and
the type of Agents to which it discloses such information. Notice will be provided in clear and
conspicuous language when individuals are first asked to provide personal information to
OlaWell, or as soon as practicable thereafter, and in any event before OlaWell uses or discloses
the information for a purpose other than that for which it was originally collected. Where
OlaWell receives personal information from its subsidiaries, affiliates or other entities in the
EEA or Switzerland, it will use and disclose such information in accordance with the notices
provided by such entities and the choices made by the individuals with respect to their personal
information.

Choice: OlaWell does not use personal information for purposes other than which it was
collected, i.e., the provision of OlaWell laboratory services. Personal information is not disclosed
to non-agent third parties.

Onward Transfer: OlaWell ensures that any Agent to whom it transfers personal information will
safeguard personal information consistent with the terms of this Policy. The majority of Agents
to whom OlaWell transfers sensitive personal information are subject to the Health Information
Portability and Accountability Act of 1996 (HIPAA) and are bound to protect the privacy and
security of patient information. In the event that information is transferred to an Agent who is not
subject to the HIPAA Rules, OlaWell will assure that: the Agent is contractually obligated to
provide at least the same level of protection as is required by HIPAA; is subject to EU Directive
95/46/EC (the EU Data Protection Directive); has certified to the Safe Harbor, or is subject to
another European Commission adequacy finding (e.g., companies located in Switzerland).

Where OlaWell has knowledge that an Agent is using or disclosing personal information in a
manner contrary to this Policy, OlaWell will take all reasonable steps to prevent or stop that use
or disclosure.

Security: OlaWell will take all reasonable precautions to protect personal information in its
possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
OlaWell uses a combination of technologies, procedures and organizational measures to
safeguard personal information. Data Integrity: OlaWell will use personal information only in
ways that are compatible with the purposes for which it was collected or subsequently authorized
by the individual. OlaWell will take all reasonable steps to ensure that personal information is
relevant to its intended use and is accurate, complete and current.

Access and Correction: Upon request, OlaWell will grant individuals reasonable access to
personal information that it holds about them. In addition, OlaWell will take reasonable steps to
permit individuals to correct, amend or delete information that is inaccurate or incomplete.
OlaWell will take reasonable steps to facilitate amendments to information provided by third
parties if an individual raises a query. Enforcement: OlaWell will conduct compliance audits of
its relevant privacy practices to verify adherence to this Policy. Any employee that OlaWell
determines is in violation of this policy will be subject to disciplinary action up to and including
termination of employment.

Dispute Resolution: Any questions or concerns regarding the use or disclosure of personal
information should be directed to the OlaWell Privacy Officer at the address given below.
OlaWell will investigate and attempt to resolve complaints and disputes regarding use and
disclosure of personal information in accordance with the principles contained in this Policy. For
complaints that cannot be resolved between OlaWell and the complainant, OlaWell has agreed to
participate in the dispute resolution procedures of the panel established by the European Data
Protection Authorities and the Swiss Federal Data Protection and Information Commissioner to
resolve disputes pursuant to the Safe Harbor Principles.

5. LIMITATION ON APPLICATION OF PRINCIPLES

Adherence by OlaWell to these Safe Harbor Principles may be limited (a) to the extent required
to respond to a legal or ethical obligation; and (b) to the extent expressly permitted by an
applicable law, rule or regulation.

6. INTERNET PRIVACY

OlaWell sees the Internet and online technologies as valuable tools for communicating and
interacting with consumers, employees, healthcare professionals, business partners and others.
OlaWell recognizes the importance of maintaining the privacy of information collected and/or
stored online and has created an Internet Privacy Policy governing personal information
collected or stored through the websites it operates. With respect to personal information that is
transferred from the EEA or Switzerland to the United States of America the Privacy Policy is
subordinate to this policy. However, the Privacy Policy also reflects additional legal
requirements and evolving standards with respect to Internet privacy.

7. CONTACT INFORMATION

Questions or comments regarding this Policy should be submitted to the OlaWell Privacy Officer
by mail as follows:
OlaWell Inc.
Attention: Privacy Officer
PO 185 Manchester,
MA 01944
USA
aberbic@olawell.com

8. CHANGES TO THIS SAFE HARBOR PRIVACY POLICY

This Policy may be amended from time to time, consistent with the requirements of the Safe
Harbor Principles. If we make changes to this Policy, we will promptly post a copy of the
updated Policy on our website www.olawell.com A notice will be posted on OlaWell's website
whenever this Safe Harbor Privacy Policy is changed in a material way.

Terms of Use
Version 2.0
Effective: October 20, 2020
Last Updated: October 20, 2020

Welcome to OlaWell, a microbiome company. These terms of service govern your use of
our service that is currently available only in a limited functionality.
Please read this Terms of Use agreement (the “Terms of Use” ) carefully. The Terms of
Use constitute a legally binding agreement between you and OlaWell, Inc. (“OlaWell”, “we”
or “us”) that govern your use of this website, and any other websites of OlaWell, its affiliates
or agents (collectively, the “Website” ). These Terms of Use govern the use of all internet
users visiting the Website, including using the services and resources available or enabled
via the website (each a “Service” and collectively, the “Services” ). By clicking on the “I
accept” button, completing the registration process, and/or browsing the Website, you
represent that:

(1) you have read, understand, and agree to be bound by the Terms of Use,
(2) you are of legal age to form a binding contract with OlaWell, and
(3) you have the authority to enter into the Terms of Use. The term “you” refers to the
individual or legal entity, as applicable, identified by browsing the Website and/or as the
User when you registered on the website.
If you do not agree to be bound by the Terms of Use, you may not access or use this
Website or the Services.

ARBITRATION: Please be aware that Section 19 of this Agreement, below, contains
provisions governing how claims that you and we have against each other are
resolved, including, without limitation, any claims that arose or were asserted prior to
the effective date of this Agreement. In particular, it contains an arbitration
agreement which will, with limited exceptions, require disputes between us to be
submitted to binding and final arbitration. Unless you opt out of the arbitration
agreement: (1) you will only be permitted to pursue claims and seek relief against us
on an individual basis, not as a plaintiff or class member in any class or
representative action or proceeding; and (2) you are waiving your right to seek relief
in a court of law and to have a jury trial on your claims.

Governing Law: Any dispute or claim relating in any way to your use of the site will
be governed and interpreted by and under the laws of the Commonwealth of
Massachusetts, consistent with the Federal Arbitration Act, without giving effect to
any principles that provide for the application of the law of any other jurisdiction.

The United Nations Convention on Contracts for the International Sale of Goods is
expressly excluded from this Agreement.
SUPPLEMENTAL TERMS: Your use of, and participation in, certain Services may be
subject to additional terms ( “Supplemental Terms” ) and such Supplemental Terms will
either be listed in the Terms of Use or will be presented to you for your acceptance when
you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the
Supplemental Terms, the Supplemental Terms will control with respect to such Service. The
Terms of Use and any applicable Supplemental Terms are referred to herein as the
“Agreement.”

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY OLAWELL IN
ITS SOLE DISCRETION AT ANY TIME. When changes are made, OlaWell will make a
new copy of the Terms of Use available at the Website and any new Supplemental Terms
will be made available from within, or through, the affected Service. We will also update the
“Last Updated” date at the top of the Terms of Use. If we make material changes to the
Terms of Use, we may (and, where required by law, will) also provide notification of
changes in another way that we believe is reasonably likely to reach you, such as via e-mail
if you have an Account (as defined in Section 5.1) or another manner through the Service
(which may include posting an announcement on our Website). OlaWell may require you to
provide consent to the updated Agreement in a specified manner before further use of the
Website and/ or the Services is permitted. If you do not agree to any change(s) after
receiving a notice of such change(s), you will stop using the Website and/or the Services.
Otherwise, your continued use of the Website and/or Services constitutes your acceptance
of such change(s).

PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

1. Use of the Services and OlaWell Properties. The Website, the Services, and the
information and content available on the Website and in the Services (as these terms are
defined herein) (each, a “ OlaWell Property ” and collectively, the “OlaWell Properties” )
are protected by copyright laws throughout the world. Subject to the Agreement,
OlaWell grants you a limited license to reproduce portions of OlaWell Properties for the
sole purpose of using the Services for your personal or internal business purposes.
Unless otherwise specified by OlaWell in a separate license, your right to use any and all
OlaWell Properties is subject to the Agreement.

2. Updates. You understand that OlaWell Properties are evolving. As a result,
OlaWell may require you to accept updates to OlaWell Properties. You acknowledge
and agree that OlaWell may update OlaWell Properties with or without notifying you.
You may need to update third-party software from time to time in order to use OlaWell
Properties.

3. Certain Restrictions. The rights granted to you in the Agreement are subject to the
following restrictions: (a) you will not license, sell, rent, lease, transfer, assign,
reproduce, distribute, host or otherwise commercially exploit OlaWell Properties or any
portion of OlaWell Properties, including the Website, (b) you will not frame or utilize
framing techniques to enclose any trademark, logo, or other OlaWell Properties
(including images, text, page layout or form) of OlaWell; (c) you will not use any
metatags or other “hidden text” using OlaWell’s name or trademarks; (d) you will not
modify, translate, adapt, merge, make derivative works of, disassemble, decompile,
reverse compile or reverse engineer any part of OlaWell Properties except to the extent
the foregoing restrictions are expressly prohibited by applicable law; (e) you will not use
any manual or automated software, devices or other processes (including but not limited
to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape”
or download data from any web pages contained in the Website (except that we grant
the operators of public search engines revocable permission to use spiders to copy
materials from the Website for the sole purpose of and solely to the extent necessary for
creating publicly available searchable indices of the materials, but not caches or archives
of such materials); (f) you will not access OlaWell Properties in order to build a similar or
competitive website, application or service; (g) except as expressly stated herein, no part
of OlaWell Properties may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means; and (h) you will not
remove or destroy any copyright notices or other proprietary markings contained on or in
OlaWell Properties. Any future release, update or other addition to OlaWell Properties
will be subject to the Agreement. OlaWell, its suppliers and service providers reserve all
rights not granted in the Agreement. Any unauthorized use of any OlaWell Property
terminates the licenses granted by OlaWell pursuant to the Agreement.

4. Third-Party Materials. As a part of OlaWell Properties, you may have access to
materials that are hosted by another party. You agree that it is impossible for OlaWell to
monitor such materials and that you access these materials at your own risk.

5. Description of the Services.
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 OlaWell with a valid credit card (Visa, MasterCard, American
Express, Discover or any other issuer accepted by us), or purchase order information as
a condition to signing up for the Services. Your Payment Provider agreement governs
your use of the designated credit card, and you must refer to that agreement and not the
Agreement to determine your rights and liabilities. By providing OlaWell with your credit
card number, you agree that OlaWell is authorized to immediately invoice your Account
for all fees and charges due and payable to OlaWell hereunder and that no additional
notice or consent is required. You agree to immediately notify OlaWell of any change in
your billing address or the credit card used for payment hereunder. OlaWell reserves the
right at any time to change its prices and billing methods, either immediately upon
posting on OlaWell Properties or by e-mail delivery to you. 
No one can buy a Wellness subscription with a card that expires within 90 days from the date of purchase.

5.2. “Self-Reported Information” is all information about yourself, including your
disease conditions, other health-related information, personal traits, ethnicity,
socioeconomic information, family history, and other information entered by you or on
your behalf into surveys, forms, or features while signed in to your OlaWell Account.

5.3. Overview of Microbiome Processing Service. As used in these Terms of
Service, the “ Microbiome Processing Services ” refers to your use of a microbiome

collection kit, processing and handling of your microbiome/stool sample and genetic
testing of your microbiome sample made available through the OlaWell Properties. At
OlaWell’s discretion, Microbiome Processing Services may be provided by third-party
manufacturers and labs or may be provided in OlaWell branded kits and services
provided by OlaWell directly or through a subcontractor. You acknowledge and agree
that OlaWell may provide your stool sample and microbiome DNA to other companies,
such as laboratories, who help us provide the Microbiome Processing Services (“ Labs
”). Once you submit your stool and DNA sample to OlaWell, your stool and DNA sample
cannot be returned to you.

6. Requirements.
6.1. Requirements for Microbiome Processing Services. If you contribute or
otherwise provide your own Microbiome Information or Self-Reported Information, you
must be eighteen (18) years of age or older to agree to the Terms of Service on behalf of
yourself or those for whom you have legal authority to agree. You agree that OlaWell,
and the Labs may store your stool and any extracted DNA or destroy any remaining stool
or DNA sample after your sample has been processed. You agree that OlaWell has to
comply with any regulatory requirements such as CLIA when storing, processing and/or
destroying your sample. You also agree:
6.2. Requirements for Participation in Certain Services. If you contribute or
otherwise provide your own Microbiome Information or Self-Reported Information, you
must be eighteen (18) years of age or older to agree to the Terms of Service on behalf of
yourself or those for whom you have legal authority to agree. You may not use the
Services outside of the country to which your sample collection kit was shipped from
OlaWell. You may not use the Services in States in the United States where we do not
sell the sample collection kit.
6.3. Requirements to Participate in Microbiome Processing Services.
6.3.1 Any stool sample you provide is your own;
6.3.2 You will not send us your stool sample if you have reason to believe you have an
active infectious disease;
6.3.3 If you are outside the U.S, you will not send us a sample if sending us a sample
would violate any export ban or other restriction in the country in which you reside or
from which you are sending the sample;
6.3.4. You will not use the Microbiome Processing Services outside of the country to
which your microbiome collection kit was shipped; and
6.3.5 You will not use the information obtained from the Microbiome Processing
Services (including any downloaded raw DNA data) in whole, in part and/or in
combination with any other database, for any medical, diagnostic or paternity testing
purpose or for any discriminatory purpose or illegal activity.
7. Risks and Considerations Regarding OlaWell Services.

7.1. OlaWell does not endorse, warranty or guarantee the effectiveness of any specific
course of action, resources, tests, or other products, procedures, opinions, or other
information that may be mentioned through our Microbiome Processing Services or
through the OlaWell Properties. You acknowledge that:
(a) the state of the understanding of Microbiome Information is rapidly evolving and at
any given time the Microbiome Processing Services only comprehend part of the picture
of the role of your gut microbiota, and only a trained physician or other health care
provider can assess your current state of diet, health or disease, taking into account
many factors, including in some cases your genetics as well as your current symptoms, if
any.
(b) Reliance on any information provided by OlaWell, OlaWell employees or contractors
through the Microbiome Processing Services is solely at your own risk.
7.2. Prior to submitting a microbiome collection kit, OlaWell encourages you to talk to a
dietician or a health professional in order to make an informed decision about whether
the Microbiome Processing Services are right for you. A dietician also can help you
understand your results of the Microbiome Processing Services. Once you obtain your
Microbiome Processing Services, the knowledge is irrevocable. You should not assume
that any information we may be able to provide to you, whether now or as research
advances, will be welcome and positive. You may learn information about yourself that
you do not anticipate. This information may evoke strong emotions or has potential to
alter your life. These outcomes could have social, legal or economic implications.
7.3. OlaWell or third parties offering the Microbiome Processing Services may not be
able to process your sample, and the Microbiome Processing Services may result in
errors. OlaWell or the third-party labs may not be able to process your sample if your
stool sample does not contain a sufficient volume of DNA, you do not provide a viable,
accurately collected, sample, or the results from processing do not meet the necessary
standard for accuracy.
7.4. The information you learn through the Microbiome Processing Services does not
constitute medical advice, and you should not change your health behaviors solely on
the basis of information from OlaWell. If you have any concerns or questions about what
you learn through the Microbiome Processing Services, you should contact your
physician.
7.5. Microbiome research is not comprehensive. While we measure many hundreds of
thousands of data points from your microbiome, only a small percentage of them are
known to be related to human diet, human trait and health conditions. The research
community is rapidly learning more about the microbiome, and an important mission of
OlaWell is to conduct and contribute to this research. Because interpretations provided in
our service rely on these published studies, some information may not apply to you.
Future research may the interpretation of your microbiome. In the future, scientific
community may show that previous research was incomplete or inaccurate.
7.6. Microbiome information that you share with others could be used against your
interests. You should be careful about sharing your microbiome information with others.

Currently, very few businesses or insurance companies request microbiome information,
but this could change in the future. You may want to consult a lawyer to understand the
extent of legal protection of your Microbiome information before you share it with
anybody.
7.7. Any Microbiome Information that you choose to share with your physician or other
health care provider may become part of your medical record. Information found in
medical records may be accessible to other health care providers and/or insurance
companies in the future. If you are asked by an insurance company whether you have
learned Microbiome Information about health conditions and you do not disclose this to
them, this may be considered to be fraud.
7.8. The Microbiome Processing Services are for research, informational, and
educational use only. OlaWell does not provide medical advice. Many of the microbiome
discoveries that we report have not been clinically validated, and the technology we use,
to date has not been widely used for clinical testing. The Services are not intended to be
used by the customer for any diagnostic purpose and are not a substitute for
professional medical advice. You should always seek the advice of your physician or
other health care provider with any questions you may have regarding diagnosis, cure,
treatment, mitigation, or prevention of any disease or other medical condition or
impairment or the status of your health.
8. Disclosure of Anonymized User Content.
8.1. Anonymized User Content. The Microbiome Information and Self-Reported
Information is not linked to your name, contact information and other common identifying
information when shared with others in accordance with the Terms of Use (collectively,
“Anonymized User Content ”). Please note that OlaWell cannot control any personally-
identifiable Self-Reported Survey Information that you may share. You acknowledge and
agree that you are responsible for protecting and enforcing those rights and that OlaWell
has no obligation to do so on your behalf.
8.2. Sharing of Anonymized User Content.
8.2.1. When registering for an Account, Users will have the option to choose whether
their Anonymized User Content may be shared with others. Disclosure of Anonymized
User Content to third parties will not occur without explicit consent, unless required by
law or in accordance with our Privacy Policy.
8.2.2. If you have given consent for your Anonymized User Content to be shared with
researchers, we may disclose your Anonymized User Content to third-party non-profit
and/or commercial research partners such as non-profit foundations and academic.
9. Privacy Policy. Please refer to our Policy to read about data collection and
protection related to your information.
10. Registration and Account Management.

10.1. Registering Your Account. In order to access certain features of OlaWell
Properties you may be required to become a Registered User. For purposes of the
Agreement, a “Registered User” is a User who has registered an account on the
Website ( “Account” ).
10.2. Registration Data. In registering an account on the Website, you agree to (a)
provide true, accurate, current and complete information about yourself as prompted by
the registration form (the “Registration Data” ); and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. Registration Data
does not include Self-Reported Information or Microbiome Information. You represent
that you are:
(l) at least eighteen (18) years old;
(m) of legal age to form a binding contract; and
(n) not a person barred from using OlaWell Properties under the laws of the United
States, your place of residence or any other applicable jurisdiction.
You are responsible for all activities that occur under your Account. You agree that you
will monitor your Account to restrict use by minors, and you will accept full responsibility
for any unauthorized use of OlaWell Properties by minors. You may not share your
Account or password with anyone, and you agree to:
(y) notify OlaWell immediately of any unauthorized use of your password or any other
breach of security;
(z) exit from your Account at the end of each session; and
(x) use a secure password and two-factor authentication (if available) containing
uppercase letters, lowercase letters, numbers and symbols.
If you provide any information that is untrue, inaccurate, not current or incomplete, or
OlaWell has reasonable grounds to suspect that any information you provide is untrue,
inaccurate, not current or incomplete, OlaWell has the right to suspend or terminate your
Account and refuse any and all current or future use of OlaWell Properties (or any
portion thereof). You agree not to create an Account using a false identity or information,
or on behalf of someone other than yourself. You agree that you will not have more than
one Account per platform. OlaWell reserves the right to remove or reclaim any
usernames at any time and for any reason, including but not limited to, claims by a third
party that a username violates the third party’s rights. You agree not to create an
Account or use OlaWell Properties if you have been previously removed by OlaWell, or if
you have been previously banned from any of OlaWell Properties. You acknowledge that
OlaWell has the right, but not the obligation, to monitor any use of its systems by its
personnel at any time and maintain copies documenting such monitoring.

10.3. Your Account. Notwithstanding anything to the contrary herein, you
acknowledge and agree that you will have no ownership or other property interest in your
Account, and you further acknowledge and agree that all rights in and to your Account
are and will forever be owned by and inure to the benefit of OlaWell.
10.4. Necessary Equipment and Software. You must provide all equipment and
software necessary to connect to OlaWell Properties. You are solely responsible for any
fees, including Internet connection or mobile fees, that you incur when accessing
OlaWell Properties. By providing your cellphone number and using the Services, you
hereby affirmatively consent to our use of your cellphone number for calls and texts in
order to verify your account.
11. Responsibility for Content.
11.1. Types of Content. You acknowledge that any information, data, text, software,
music, sound, photographs, graphics, video, messages, tags and/or other materials
accessible through OlaWell Properties (collectively, “Content” ), including OlaWell
Properties, Self-Reported Information or Microbiome Information , is the sole
responsibility of the party from whom such Content originated. This means that you, and
not OlaWell, are entirely responsible for all Content that you upload, post, e-mail,
transmit or otherwise make available ( “Make Available”) through OlaWell Properties (
“Your Content” ), and that you and other Users of OlaWell Properties, and not OlaWell,
are similarly responsible for all Content that you and they Make Available through
OlaWell Properties ( “User Content” ).
11.2. No Obligation to Pre-Screen Content. You acknowledge that OlaWell has no
obligation to pre-screen Content (including, but not limited to, User Content), although
OlaWell reserves the right in its sole discretion to pre-screen, refuse or remove any
Content. By entering into the Agreement, you hereby provide your irrevocable consent
to such monitoring. You acknowledge and agree that you have no expectation of privacy
concerning the transmission of Your Content, including without limitation chat, text, or
voice communications. In the event that OlaWell pre-screens, refuses or removes any
Content, you acknowledge that OlaWell will do so for OlaWell’s benefit, not yours.
Without limiting the foregoing, OlaWell will have the right to remove any Content that
violates the Agreement or is otherwise objectionable.
11.3. Storage. Unless expressly agreed to by OlaWell in writing elsewhere, OlaWell can
terminate its obligation to store any of Your Content that you Make Available on OlaWell
Properties with reasonable notice to you. OlaWell has no responsibility or liability for the
deletion or accuracy of any Content, including Your Content; the failure to store, transmit
or receive transmission of Content; or the security, privacy, storage, or transmission of
other communications originating with or involving use of OlaWell Properties. You agree
that OlaWell retains the right to create reasonable limits on OlaWell’s use and storage of
the Content, including Your Content, such as limits on file size, storage space,
processing capacity, and similar limits described on the Website and as otherwise
determined by OlaWell in its sole discretion.

12. Ownership.
12.1. OlaWell Properties. Except with respect to Your Content and User Content, you
agree that OlaWell and its suppliers own all rights, title and interest in OlaWell
Properties. You will not remove, alter or obscure any copyright, trademark, service mark
or other proprietary rights notices incorporated in or accompanying any OlaWell
Properties.
12.2. Trademarks. and all related graphics, logos, service marks and trade names
used on or in connection with any OlaWell Properties or in connection with the Services
are the trademarks of OlaWell and may not be used without permission in connection
with your or any third-party products or services. Other trademarks, service marks and
trade names that may appear on or in OlaWell Properties are the property of their
respective owners.
12.3. Other Content. Except with respect to Your Content, you agree that you have no
right, title, or interest in or to any Content that appears on or in OlaWell Properties.
12.4. Your Content. OlaWell does not claim ownership of Your Content. However,
when you as a User post or publish Your Content on or in OlaWell Properties, 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, for the full term of any worldwide
intellectual property right that may exist in Your Content.
12.5. License to Your Content. You grant OlaWell, its affiliated companies,
sublicensees and successors and assigns a fully paid, royalty-free, perpetual,
irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including
any moral rights) and license to use, license, distribute, reproduce, modify, adapt,
publicly perform, and publicly display Registration Data and Anonymized User Content
that you Make Available through the Services. You acknowledge and agree that this
license includes a right for OlaWell to make such Registration Data and Anonymized
User Content available to other companies, organizations, or individuals with whom
OlaWell has relationships, and to use such Registration Data and Anonymized User
Content in connection with the provision of those services. You warrant that the holder of
any worldwide intellectual property right, including moral rights, in Registration Data and
Anonymized User Content , has completely and effectively waived all such rights and
validly and irrevocably granted to you the right to grant the license stated above . You
agree that you, not OlaWell, are responsible for all of Your Content that you Make
Available on or in OlaWell Properties.
13. Microbiome and/or Self-Reported Survey Information License.

13.1 We will not disclose Anonymized User Content to third parties without consent as
provided by you as part of the registration process, unless required by law or in
accordance with the Terms of Use and Privacy Policy.
13.2. Your stool sample, once submitted to and analyzed by OlaWell or the Lab, is
processed in an irreversible manner and cannot be returned to you. Any Microbiome
Information derived from your saliva remains your information, subject to rights we retain
as set forth in the Terms of Service.
13.3. Your Profile. Any Content posted by you in your profile may not contain nudity,
violence, sexually explicit, or offensive subject matter as determined by OlaWell in its
sole discretion. You may not post or submit for print services a photograph of another
person without that person’s permission.
13.4. Feedback. You agree that submission of any ideas, suggestions, documents,
and/or proposals to OlaWell through its suggestion, feedback, wiki, forum or similar
pages (“Feedback” ) is at your own risk and that OlaWell has no obligations (including
without limitation obligations of confidentiality) with respect to such Feedback. You
represent and warrant that you have all rights necessary to submit the Feedback. You
hereby grant to OlaWell a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-
exclusive, and fully sublicensable right and license to use, reproduce, perform, display,
distribute, adapt, modify, re-format, create derivative works of, and otherwise
commercially or non-commercially exploit in any manner, any and all Feedback, and to
sublicense the foregoing rights, in connection with the operation and maintenance of
OlaWell Properties and/or OlaWell’s business.
13.5. User Conduct. As a condition of your use of the OlaWell Properties, you agree
not to use OlaWell Properties for any purpose that is prohibited by the Terms of Service
or by applicable law. You will not (and will not permit any third party) either (a) take any
action or (b) Make Available any Content on or through OlaWell Properties that: (i)
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of
any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive,
or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail;
(iv) involves commercial activities and/or sales without OlaWell’s prior written consent,
such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v)
impersonates any person or entity, including any employee or representative of OlaWell;
(vi) interferes with or attempt to interfere with the proper functioning of OlaWell
Properties or uses OlaWell Properties in any way not expressly permitted by the Terms
of Service; or (vii) attempts to engage in or engage in, any potentially harmful acts that
are directed against OlaWell Properties, including but not limited to violating or
attempting to violate any security features of OlaWell Properties, using manual or
automated software or other means to access, “scrape,” “crawl” or “spider” any pages
contained in OlaWell Properties, introducing viruses, worms, or similar harmful code into
OlaWell Properties, or interfering or attempting to interfere with use of OlaWell Properties

by any other user, host or network, including by means of overloading, “flooding,”
“spamming,” “mail bombing,” or “crashing” OlaWell Properties.
13.6 Investigations. OlaWell may, but is not obligated to, monitor or review OlaWell
Properties and Content at any time. Without limiting the foregoing, OlaWell will have the
right, in its sole discretion, to remove any of Your Content for any reason (or no reason),
including if such Content violates the Agreement or any applicable law. Although
OlaWell does not generally monitor user activity occurring in connection with OlaWell
Properties or Content, if OlaWell becomes aware of any possible violations by you of any
provision of the Agreement, OlaWell reserves the right to investigate such violations, and
OlaWell may, at its sole discretion, immediately terminate your license to use OlaWell
Properties, or change, alter or remove Your Content, in whole or in part, without prior
notice to you.
14. Third-Party Services.
14.1. Third-Party Websites, Applications and Ads. OlaWell Properties may contain
links to third-party websites ( “Third-Party Websites”) and advertisements for third
parties (“Third-Party Ads” ). When you click on a link to a Third-Party Website or Third-
Party Ad, we will not warn you that you have left OlaWell Properties and are subject to
the terms and conditions (including privacy policies) of another website or destination.
Such Third-Party Websites and Third-Party Ads are not under the control of OlaWell.
OlaWell is not responsible for any Third-Party Websites or Third-Party Ads. OlaWell
provides these Third-Party Websites and Third-Party Ads only as a convenience and
does not review, approve, monitor, endorse, warrant, or make any representations with
respect to Third-Party Websites or Third-Party Ads, or any product or service provided in
connection therewith. You use all links in Third-Party Websites and Third-Party Ads at
your own risk. When you leave our Website, the Agreement and policies no longer
govern. You should review applicable terms and policies, including privacy and data
gathering practices, of any Third-Party Websites, and make whatever investigation you
feel necessary or appropriate before proceeding with any transaction with any third party.
15. Fees and Purchase Terms.
15.1. 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 OlaWell with a valid credit card (Visa, MasterCard, American
Express, Discover or any other issuer accepted by us), or purchase order information as
a condition to signing up for the Services. Your Payment Provider agreement governs
your use of the designated credit card, and you must refer to that agreement and not the
Agreement to determine your rights and liabilities. By providing OlaWell with your credit
card number, you agree that OlaWell is authorized to immediately invoice your Account
for all fees and charges due and payable to OlaWell hereunder and that no additional
notice or consent is required. You agree to immediately notify OlaWell of any change in
your billing address or the credit card used for payment hereunder. OlaWell reserves the

right at any time to change its prices and billing methods, either immediately upon
posting on OlaWell Properties or by e-mail delivery to you.
15.2. Taxes. OlaWell’s fees are net of any applicable Sales Tax. If any Services, or
payments for any Services, under the Agreement, are subject to Sales Tax in any
jurisdiction and you have not remitted the applicable Sales Tax to OlaWell, you will be
responsible for the payment of such Sales Tax and any related penalties or interest to
the relevant tax authority, and you will indemnify OlaWell for any liability or expense we
may incur in connection with such Sales Taxes. Upon our request, you will provide us
with official receipts issued by the appropriate taxing authority, or other such evidence
that you have paid all applicable taxes. For purposes of this section, “Sales Tax” will
mean any sales or use tax, and any other tax measured by sales proceeds, that OlaWell
is permitted to pass to its customers, that is the functional equivalent of a sales tax
where the applicable taxing jurisdiction does not otherwise impose a sale or use tax.
15.3. Withholding Taxes. You agree to make all payments of fees to OlaWell free and
clear of, and without reduction for, any withholding taxes. Any such taxes imposed on
payments of fees to OlaWell will be your sole responsibility, and you will provide OlaWell
with official receipts issued by the appropriate taxing authority, or such other evidence as
we may reasonably request, to establish that such taxes have been paid.
15.4. Advertising Revenue. OlaWell reserves the right to display Third-Party Ads
before, after, or in conjunction with User Content posted on the Services, and you
acknowledge and agree that OlaWell has no obligation to you in connection therewith
(including, without limitation, any obligation to share revenue received by OlaWell as a
result of such advertising).
15.5.Disputes. Unless otherwise provided by the applicable payment processor or
payment platform used in connection with your payment for Services, you must notify us
in writing within seven (7) days after receiving your credit card statement if you dispute
any of our charges on that statement or such dispute will be deemed waived. Billing
disputes should be notified to the following address: OlaWell, Inc., 340 Hale St., Beverly,
MA 01915, United States of America
15.6. Third-Party Provider. OlaWell uses Stripe Inc. (“ Stripe ”) as the third-party
service provider for payment services (e.g., card acceptance, merchant settlement, and
related services). By using the Services, you agree to be bound by Stripe’s US Terms of
Service available at https://stripe.com/us/terms and Privacy Policy available at
https://stripe.com/us/privacy . You hereby consent to provide and authorize OlaWell and
Stripe to share any information and payment instructions you provide to the extent
required to complete payment transactions in accordance with the Terms of Use,
including personal, financial, credit card payment, and transaction information. You also
authorize OlaWell to use any substitute provider to Stripe, as needed and agree to the
terms of service and privacy policy offered at the time of payment processing by the
substitute provider.

15.7 One Time Gut Check 
If you cancel your order before we ship, we offer a full refund. Due to the nature of our product, if you cancel the order after the kit has been shipped, we charge the fee for the collection kit and shipping. We do not offer refunds for cancellations after a sample has been received by the lab. If you have any questions please contact us at support@olawell.com for more details.
Wellness Subscription
By cancelling the subscription within the first 24 hours, you will get a full refund on the amount you paid. 
Due to the nature of our product, if you cancel your subscription before your sample reaches our lab you will be charged the fee for the collection kit and shipping.
By cancelling your subscription after your sample reaches our lab, you will be charged the total amount of One Time “Gut Check” Report per delivered kit (your monthly payments will be calculated in this amount) and your report will be downgraded from Wellness to One Time “Gut Check” report.
If you decide to end your subscription after you have paid in full, you get to keep your wellness report. Also, we will notify you of the pending renewal of your subscription prior to the due date.
In case of cancellation during the subscription period, the company is not obliged to refund the customer.
If our system fails to charge a subsequent monthly instalment during the subscription period, OlaWell will not be able to continue the subscription, so your account will be frozen until your card is updated. Our system will attempt to charge instalment fees up to five times. If billing fails after five attempts, the system will remove you from the subscriber list. If after that you want to continue with your subscription, you can contact our customer support at support@olawell.com.

15.8 Refund policy

If we fail to deliver your kit within 60 days of the order, we offer a full refund.
If you cancel your order before we ship we offer a full refund.
We don’t offer refunds for cancellations after the sample has been received by the lab.
 
Please contact us to request a refund. All refund requests are processed within 72 hours.

16. Indemnification. You agree to indemnify and hold OlaWell, its parents,
subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors
(each, an “OlaWell Party ” and collectively, the “OlaWell Parties” ) harmless from any
losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or
arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to
use, any OlaWell Property; (c) your violation of the Agreement; (d) your violation of any
rights of another party, including any Users; or (e) your violation of any applicable laws,
rules or regulations. OlaWell reserves the right, at its own cost, to assume the exclusive
defence and control of any matter otherwise subject to indemnification by you, in which
In the event, you will fully cooperate with OlaWell in asserting any available defences. This
The provision does not require you to indemnify any of the OlaWell Parties for any
unconscionable commercial practise by such party or for such party’s fraud, deception,
false promise, misrepresentation or concealment, suppression or omission of any
A material fact in connection with the Website or any Services provided hereunder. You
agree that the provisions in this section will survive any termination of your Account, the
Agreement and/or your access to OlaWell Properties.
17. Disclaimer of Warranties and Conditions.
17.1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT
PERMITTED BY APPLICABLE LAW, YOUR USE OF OLAWELL PROPERTIES IS AT
YOUR SOLE RISK, AND OLAWELL PROPERTIES ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. OLAWELL PARTIES EXPRESSLY
DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE
WEBSITE AND SERVICES.
17.2. OLAWELL PARTIES MAKE NO WARRANTY, REPRESENTATION OR
CONDITION THAT: (1) OLAWELL PROPERTIES WILL MEET YOUR
REQUIREMENTS; (2) YOUR USE OF OLAWELL PROPERTIES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS
THAT MAY BE OBTAINED FROM USE OF OLAWELL PROPERTIES WILL BE
ACCURATE OR RELIABLE.
17.3. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED
THROUGH OLAWELL PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY,
INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE
YOU USE TO ACCESS OLAWELL PROPERTIES, OR ANY OTHER LOSS THAT
RESULTS FROM ACCESSING SUCH CONTENT.
17.4. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND
OTHER DISRUPTIONS. OLAWELL MAKES NO WARRANTY, REPRESENTATION OR
CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO,

THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS
OF SERVICES.
17.5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
FROM OLAWELL OR THROUGH OLAWELL PROPERTIES WILL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
17.6. OLAWELL DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING
FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, OLAWELL
SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS
RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
17.7 FROM TIME TO TIME, OLAWELL MAY OFFER NEW “BETA” FEATURES OR
TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR
TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT
ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT
OLAWELL’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY
WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
17.8. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND
AGREE THAT OLAWELL PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO
SEEK TO HOLD OLAWELL PARTIES LIABLE, FOR THE CONDUCT OF THIRD
PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND LABS, AND THAT
THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
17.9. No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE
FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS
OF OLAWELL PROPERTIES. YOU UNDERSTAND THAT OLAWELL DOES NOT
MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF OLAWELL
PROPERTIES.
18. Limitation of Liability.
18.1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN
NO EVENT WILL OLAWELL PARTIES BE LIABLE FOR ANY LOSS OF PROFITS,
REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE,
BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, IN EACH CASE WHETHER OR NOT OLAWELL HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION
WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR
MEETINGS WITH OTHER USERS OF OLAWELL PROPERTIES, ON ANY THEORY
OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE OLAWELL
PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS
ENTERED INTO THROUGH OLAWELL PROPERTIES; (3) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR

CONDUCT OF ANY THIRD PARTY ON OLAWELL PROPERTIES; OR (5) ANY OTHER
MATTER RELATED TO OLAWELL PROPERTIES, WHETHER BASED ON
WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON
LIABILITY WILL NOT APPLY TO LIABILITY OF A OLAWELL PARTY FOR (A) DEATH
OR PERSONAL INJURY CAUSED BY A OLAWELL PARTY’S NEGLIGENCE; OR FOR
(B) ANY INJURY CAUSED BY A OLAWELL PARTY’S FRAUD OR FRAUDULENT
MISREPRESENTATION. [UK: OLAWELL DOES NOT IN ANY WAY SEEK TO
EXCLUDE OR LIMIT LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY
OLAWELL’S NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION;
OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY
ENGLISH OR EU LAW.
18.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL OLAWELL PARTIES BE
LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT
PAID TO OLAWELL BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE
ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) ONE
HUNDRED DOLLARS ($100). THE FOREGOING CAP ON LIABILITY WILL NOT
APPLY TO LIABILITY OF A OLAWELL PARTY FOR (A) DEATH OR PERSONAL
INJURY CAUSED BY A OLAWELL PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY
CAUSED BY A OLAWELL PARTY’S FRAUD OR FRAUDULENT
MISREPRESENTATION
18.3 User Content. EXCEPT FOR OLAWELL’S OBLIGATIONS TO PROTECT YOUR
PERSONAL DATA AS SET FORTH IN THE OLAWELL’S PRIVACY POLICY, OLAWELL
ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY
OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR
CONTENT AND USER CONTENT), USER COMMUNICATIONS OR
PERSONALIZATION SETTINGS.
18.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
OLAWELL AND YOU.
19. Claims
19.1. Procedure for Making Claims of Copyright Infringement. It is OlaWell’s policy
to terminate membership privileges of any User who repeatedly infringes copyright upon
prompt notification to OlaWell by the copyright owner or the copyright owner’s legal
agent. Without limiting the foregoing, if you believe that your work has been copied and
posted on OlaWell Properties in a way that constitutes copyright infringement, please
provide our Copyright Agent with the following information: (a) an electronic or physical
signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed; (c) a
description of the location on OlaWell Properties of the material that you claim is
infringing; (d) your address, telephone number and e-mail address; (e) a written

statement by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent or the law; and (f) a statement by you, made under
penalty of perjury, that the above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner’s behalf. Contact
information for OlaWell’s Copyright Agent for notice of claims of copyright infringement is
as follows: Arslan Berbic, OlaWell Inc., 340 Hale St., Beverly, MA 01915
20. Remedies.
20.1. Violations. If OlaWell becomes aware of any possible violations by you of the
Agreement, OlaWell reserves the right to investigate such violations. If, as a result of the
investigation, OlaWell believes that criminal activity has occurred, OlaWell reserves the
right to refer the matter to, and to cooperate with, any and all applicable legal authorities.
OlaWell is entitled, except to the extent prohibited by applicable law, to disclose any
information or materials on or in OlaWell Properties, including Your Content, in OlaWell’s
possession in connection with your use of OlaWell Properties, to (a) comply with
applicable laws, legal process or governmental request; (b) enforce the Terms of
Service, (c) respond to any claims that Your Content violates the rights of third parties,
(d) respond to your requests for customer service, or (e) protect the rights, property or
personal safety of OlaWell, its Users or the public, and all enforcement or other
government officials, as OlaWell in its sole discretion believes to be necessary or
appropriate.
20.2. Breach. In the event that OlaWell determines, in its sole discretion, that you have
breached any portion of the Agreement, or have otherwise demonstrated conduct

inappropriate for OlaWell Properties, OlaWell reserves the right to:

1. Warn you via e-mail (to any e-mail address you have provided to OlaWell) that you
have violated the Agreement;

2. Delete any of Your Content provided by you or your agent(s) to OlaWell Properties;

3. Discontinue your registration(s) with any of OlaWell Properties, including any
Services or any OlaWell community;

4. Discontinue your subscription to any Services;

5. Notify and/or send Content to and/or fully cooperate with the proper law enforcement
authorities for further action; and/or

6. Pursue any other action which OlaWell deems to be appropriate.

21. Term and Termination.
21.1. Term. The Agreement commences on the date when you accept them (as
described in the preamble above) and remain in full force and effect while you use
OlaWell Properties, unless terminated earlier in accordance with the Agreement.

21.2. Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree
that the Agreement commenced on the earlier to occur of (a) the date you first used
OlaWell Properties or (b) the date you accepted the Agreement and will remain in full

force and effect while you use any OlaWell Properties, unless earlier terminated in
accordance with the Agreement.

21.3. Termination of Services by OlaWell. If you have materially breached any
provision of the Terms of Service, or if OlaWell is required to do so by law (e.g., where
the provision of the Website or the Services is, or becomes, unlawful), OlaWell has the
right to, immediately and without notice, suspend or terminate any Services provided to
you. You agree that all terminations for cause will be made in OlaWell’s sole discretion
and that OlaWell will not be liable to you or any third party for any termination of your
Account.

21.4. Termination of Services by You. If you want to terminate the Services provided
by OlaWell, you may do so by (a) notifying OlaWell at any time and (b) closing your
Account for all of the Services that you use. Your notice should be sent, in writing, to
OlaWell’s address set forth below.

21.5. Effect of Termination. Termination of any Service includes removal of access to
such Service and barring of further use of the Service. Termination of all Services also
includes deletion of your password and all related information, files and Content
associated with or inside your Account (or any part thereof), including Your Content.
Upon termination of any Service, your right to use such Service will automatically
terminate immediately. You understand that any termination of Services may involve
deletion of Your Content associated therewith from our live databases. OlaWell will not
have any liability whatsoever to you for any suspension or termination, including for
deletion of Your Content. All provisions of the Agreement which by their nature should
survive, will survive termination of Services, including without limitation, ownership
provisions, warranty disclaimers, and limitation of liability.

21.6. No Subsequent Registration. If your registration(s) with or ability to access
OlaWell Properties, or any other OLaWell community is discontinued by OlaWell due to
your violation of any portion of the Agreement or for conduct otherwise inappropriate for
the community, then you agree that you will not attempt to re-register with or access
OlaWell Properties or any OlaWell community through use of a different member name
or otherwise, and you acknowledge that you will not be entitled to receive a refund for
fees related to those OlaWell Properties to which your access has been terminated. In
the event that you violate the immediately preceding sentence, OlaWell reserves the
right, in its sole discretion, to immediately take any or all of the actions set forth herein
without any notice or warning to you.

21.7. International Users. OlaWell Properties can be accessed from countries around
the world and may contain references to Services and Content that are not available in
your country. These references do not imply that OlaWell intends to announce such
Services or Content in your country. OlaWell Properties are controlled and offered by
OlaWell from its facilities in the United States of America. OlaWell makes no
representations that OlaWell Properties are appropriate or available for use in other
locations. Those who access or use OlaWell Properties from other countries do so at
their own volition and are responsible for compliance with local law.

22. Dispute Resolution. Please read the following arbitration agreement in this
Section (“ Arbitration Agreement ”) carefully. It requires you to arbitrate disputes
with OlaWell and limits the manner in which you can seek relief from us.

22.1. Applicability of Arbitration Agreement. You agree that any dispute or claim
relating in any way to your access or use of the Website, to any products sold or
distributed through the Website, or to any aspect of your relationship with OlaWell, will
be resolved by binding arbitration, rather than in court, except that (1) you may assert
claims in small claims court if your claims qualify,; and (2) you or OlaWell may seek
equitable relief in court for infringement or other misuse of intellectual property rights
(such as trademarks, trade dress, domain names, trade secrets, copyrights, and
patents). This Arbitration Agreement will apply, without limitation, to all claims
that arose or were asserted before the effective date of this Agreement or any
prior version of this Agreement.

22.2. Arbitration Rules and Forum. The Federal Arbitration Act governs the
interpretation and enforcement of this Arbitration Agreement. To begin an arbitration
proceeding, you must send a letter requesting arbitration and describing your claim to our
registered agent [include name and address of registered agent here]. The arbitration will
be conducted by JAMS, an established alternative dispute resolution provider. Disputes
involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and
interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules
and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/ ; all
other claims will be subject to JAMS’s most current version of the Comprehensive
Arbitration Rules and Procedures, available at: http://www.jamsadr.com/rules-
comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by
calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an
alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing,
administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, OlaWell
will pay them for you. In addition, OlaWell will reimburse all such JAMS’s filing,
administrative, hearing and/or other fees for claims totaling less than $10,000 unless the
arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written
submissions, or in person in the country where you live or at another mutually agreed
location. Any judgment on the award rendered by the arbitrator may be entered in any court
of competent jurisdiction.

22.3. Authority of Arbitrator. The arbitrator will have exclusive authority to (a)
determine the scope and enforceability of this Arbitration Agreement and (b) resolve any
dispute related to the interpretation, applicability, enforceability or formation of this
Arbitration Agreement including, but not limited to, any claim that all or any part of this
Arbitration Agreement is void or voidable. The arbitration will decide the rights and
liabilities, if any, of you and OlaWell. The arbitration proceeding will not be consolidated
with any other matters or joined with any other cases or parties. The arbitrator will have

the authority to grant motions dispositive of all or part of any claim. The arbitrator will
have the authority to award monetary damages and to grant any non-monetary remedy
or relief available to an individual under applicable law, the arbitral forum’s rules, and the
Agreement (including the Arbitration Agreement). The arbitrator will issue a written award
and statement of decision describing the essential findings and conclusions on which the
award is based, including the calculation of any damages awarded. The arbitrator has
the same authority to award relief on an individual basis that a judge in a court of law
would have. The award of the arbitrator is final and binding upon you and us.

22.4. Waiver of Jury Trial. YOU AND OLAWELL HEREBY WAIVE ANY
CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A
TRIAL IN FRONT OF A JUDGE OR A JURY. You and OlaWell are instead electing that
all claims and disputes will be resolved by arbitration under this Arbitration Agreement,
except as specified in Section 19.1 above. An arbitrator can award on an individual
basis the same damages and relief as a court and must follow this Agreement as a court
would. However, there is no judge or jury in arbitration, and court review of an arbitration
award is subject to very limited review.

22.5. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND
DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE
ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE
BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN
ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH
THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that
applicable law precludes enforcement of any of this subsections’ limitations as to a given
claim for relief, then the claim must be severed from the arbitration and brought into the
State or Federal Courts located in the Commonwealth of Massachusetts. All other claims
will be arbitrated.

22.6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this
Arbitration Agreement by sending written notice of your decision to opt out to:
support@olawell.com, within 30 days after first becoming subject to this Arbitration
Agreement. Your notice must include your name and address, your OlaWell username
(if any), the email address you used to set up your OlaWell account (if you have one),
and an unequivocal statement that you want to opt out of this Arbitration Agreement. If
you opt out of this Arbitration Agreement, all other parts of this Agreement will continue
to apply to you. Opting out of this Arbitration Agreement has no effect on any other
arbitration agreements that you may currently have, or may enter in the future, with us.

22.7. Severability. Except as provided in subsection 19.5, if any part or parts of this
Arbitration Agreement are found under the law to be invalid or unenforceable, then such
specific part or parts will be of no force and effect and will be severed and the remainder
of the Arbitration Agreement will continue in full force and effect.
22.8. Survival of Agreement. This Arbitration Agreement will survive the termination of
your relationship with OlaWell.

22.9. Modification. Notwithstanding any provision in this Agreement to the contrary,
we agree that if OlaWell makes any future material change to this Arbitration Agreement,
you may reject that change within thirty (30) days of such change becoming effective by
writing OlaWell at the following address: support@olawell.com.

23. General Provisions.
23.1. Electronic Communications. The communications between you and OlaWell
may take place via electronic means, whether you visit OlaWell Properties or send
OlaWell e-mails, or whether OlaWell posts notices on OlaWell Properties or
communicates with you via email. For contractual purposes, you (a) consent to receive
communications from OlaWell in an electronic form; and (b) agree that all terms and
conditions, agreements, notices, disclosures, and other communications that OlaWell
provides to you electronically satisfy any legal requirement that such communications
would satisfy if it were to be in writing. The foregoing does not affect your statutory
rights.

23.2. Release. You hereby release OlaWell Parties and their successors from claims,
demands, any and all losses, damages, rights, and actions of any kind, including
personal injuries, death, and property damage, that is either directly or indirectly related
to or arises from your use of OlaWell Properties, including but not limited to, any
interactions with or conduct of other Users or third-party websites of any kind arising in
connection with or as a result of the Agreement or your use of OlaWell Properties. If you
are a California resident, you hereby waive California Civil Code Section 1542, which
states, “A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which, if known by him
must have materially affected his settlement with the debtor.” The foregoing release does
not apply to any claims, demands, or any losses, damages, rights and actions of any
kind, including personal injuries, death or property damage for any unconscionable
commercial practice by a OlaWell Party or for such party’s fraud, deception, false,
promise, misrepresentation or concealment, suppression or omission of any material fact
in connection with the Website.

23.3. Assignment. The Agreement, and your rights and obligations hereunder, may
not be assigned, subcontracted, delegated or otherwise transferred by you without
OlaWell’s prior written consent, and any attempted assignment, subcontract, delegation,
or transfer in violation of the foregoing will be null and void.

23.4. Force Majeure. OlaWell will not be liable for any delay or failure to perform
resulting from causes outside its reasonable control, including, but not limited to, acts of
God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods,
accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

23.5. Questions, Complaints, Claims. If you have any questions, complaints or
claims with respect to OlaWell Properties, please contact us at: support@olawell.com.

We will do our best to address your concerns. If you feel that your concerns have been
addressed incompletely, we invite you to let us know for further investigation.

23.6. Exclusive Venue. To the extent the parties are permitted under this Agreement
to initiate litigation in a court, both you and OlaWell agree that all claims and disputes
arising out of or relating to the Agreement will be litigated exclusively in the state or
federal courts located in Essex County, Massachusetts.

23.7. Governing Law. THE TERMS OF SERVICE AND ANY ACTION RELATED
THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS
OF THE COMMONWEALTH OF MASSACHUSETTS, CONSISTENT WITH THE
FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES
THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER
JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE
INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.

23.8. Notice. Where OlaWell requires that you provide an e-mail address, you are
responsible for providing OlaWell with your most current e-mail address. In the event
that the last e-mail address you provided to OlaWell is not valid, or for any reason is not
capable of delivering to you any notices required/ permitted by the Agreement, OlaWell’s
dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
You may give notice to OlaWell at the following address: OlaWell Inc, 340 Hale St.,
Beverly, MA 01915. Such notice will be deemed given when received by OlaWell by
letter delivered by nationally recognized overnight delivery service or first class postage
prepaid mail at the above address.

23.9. Waiver. Any waiver or failure to enforce any provision of the Agreement on one
occasion will not be deemed a waiver of any other provision or of such provision on any
other occasion.

23.10 Severability. If any portion of this Agreement is held invalid or unenforceable,
that portion will be construed in a manner to reflect, as nearly as possible, the original
intention of the parties, and the remaining portions will remain in full force and effect.

23.11. Export Control. You may not use, export, import, or transfer OlaWell
Properties except as authorized by U.S. law, the laws of the jurisdiction in which you
obtained OlaWell Properties, and any other applicable laws. In particular, but without
limitation, OlaWell Properties may not be exported or re-exported (a) into any United
States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of
Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s
List or Entity List. By using OlaWell Properties, you represent and warrant that (y) 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 (z) you
are not listed on any U.S. Government list of prohibited or restricted parties. You also will
not use OlaWell Properties for any purpose prohibited by U.S. law, including the
development, design, manufacture or production of missiles, nuclear, chemical or
biological weapons. You acknowledge and agree that products, services or technology
provided by OlaWell are subject to the export control laws and regulations of the United

States. You will comply with these laws and regulations and will not, without prior U.S.
government authorization, export, re-export, or transfer OlaWell products, services or
technology, either directly or indirectly, to any country in violation of such laws and
regulations.

23.12. Notice to California users on Consumer Complaints. In accordance with
California Civil Code §1789.3, you may report complaints to the Complaint Assistance
Unit of the Division of Consumer Services of the California Department of Consumer
Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by
telephone at (800) 952-5210.

23.13. Entire Agreement. The Agreement is the final, complete and exclusive
agreement of the parties with respect to the subject matter hereof and supersedes and
merges all prior discussions between the parties with respect to such subject matter.