Table of Contents

These Terms of Service (“Terms”) are provided by Ignite Health (“Ignite Health,” “we,” “our,” and “us”), and govern your use of app.ignitehealth.com (the “Sites”), our mobile applications (the “Apps”), software, and services which link to this Policy, including any artificial intelligence technologies powered by Rima Systems, LLC (“AI Technologies”) incorporated therein, (collectively, the “Services”). These Terms form part of the binding contract between you as an independent contractor, employee, or other member of a business organization with an existing account with Ignite Health (“you”, “your”) and Ignite Health. For purposes of these Terms, we refer to the company with an existing Ignite Health account that invited you to join Ignite Health is referred to as “employer.”

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. THESE TERMS INCLUDE A WAIVER OF YOUR RIGHT TO TRIAL BY JURY, AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AS SET OUT IN MORE DETAIL IN SECTION 11 BELOW.

We may amend these Terms from time to time, which will be effective as of the “Last Updated” date at the top of these Terms. You acknowledge and agree that your continued use of the Services constitutes acceptance of these Terms in their then current form. By using the Services, you also acknowledge the collection, use, and disclosure of your personal information is subject to our Privacy Policy. These Terms apply to you for as long as you continue to use the Services, including maintaining an account. If you do not agree to be bound by these Terms, please cease all use of the Services, including terminating your account.

The Services may contain (i) materials and other items relating to Ignite Health and its services, including software, layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, interactive features, and the “look and feel” of the Services; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of Ignite Health and its licensors, including Rima Systems, LLC; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All Content is the property of Ignite Health or its licensors and is protected by law.

If you send us any feedback or suggestions (“Feedback”), that Feedback is given entirely voluntarily and you grant Ignite Health an unlimited, irrevocable, perpetual, sublicensable, transferrable, royalty-free license to use any such Feedback as we see fit in our sole discretion without obligation, compensation or restriction of any kind. Such Feedback may include, but is not limited to, responses to any surveys Ignite Health conducts about your experience with the Services.

Subject to your compliance with these Terms, Ignite Health grants you a limited, revocable, non-transferable, non-sublicensable license to access, use, and view the Content and the Services solely as necessary to use the Services and in accordance with these Terms. All other rights are reserved by Ignite Health or its licensors.

You must create an account to access certain parts of the Services. You must be at least 18 years old to open an account. Your account is affiliated with the employer that invited you, and we are providing you with access to your at the direction of employer. You can use your account to view and manage personal and contact information; to maintain or update your credentials; and to use the Services.

Ignite Health and its partners may request additional information to fulfill their legal requirements and may engage third-party service providers to verify this information. Ignite Health may contact you regarding your account, insurance plan enrollments, or other transactions. We may contact you using the phone number, email address, and physical address that you provide to Ignite Health. Any communications are subject to Section 14 General (Electronic Communications).

You agree to keep all information in your account current, including contact information recording all address changes, and making healthcare elections during the enrollment windows communicated to you by your employer. You must make any changes to your account information in a timely manner. You are responsible for any fees, penalties, fines, or other amounts that third parties–including carriers–assess because of your failure to keep your account current.

You must keep your account credentials secure. Only you or those who are authorized to act on your behalf may access your account. We may rely on any actions taken using your account. If you believe your account has been impermissibly accessed or your credentials compromised, you must notify us immediately.

The licensors of third-party materials, including in relation to AI Technologies, retain all of their respective right, title and interest in and to such third-party materials, including, but not limited to, any and all intellectual property rights. The foregoing limited license does not give you any ownership of, or any other intellectual property right in, the Services or its Content. You must retain all copyright and other proprietary notices on Content in any form. Your unauthorized use of the Services or its Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential civil or criminal liability.

Your use of the Services is entirely at your own risk. You acknowledge that the Services and Content are meant for informational purposes only and are not intended to provide and should not be construed as providing any legal, regulatory, tax, financial, accounting, employment, or other professional advice. You are solely responsible for ensuring your compliance with applicable laws and regulations, and nothing in the Content or Services (including, without limitation, any communications from our support team regarding your use of the Services) should be construed as, or used as a substitute for, the advice of competent legal or applicable professional counsel.

Ignite Health does not offer medical advice or diagnoses, or engage in the practice of medicine, and the Services are not a substitute for professional medical advice, diagnosis, or treatment. Nothing on the Services, including Content, should be used in place of the advice of your qualified healthcare provider. You should never disregard medical advice or delay seeking medical advice because of something you read, viewed, or heard via the Services. If you have questions or concerns about your health, please contact your healthcare provider. If you have a medical or mental health emergency, are contemplating suicide or taking actions that may cause harm to you or others, you should seek immediate emergency treatment at the nearest emergency room or dial 911.

You agree not to use the Services for any purpose that is unlawful or prohibited by these Terms. Ignite Health reserves the right to deny access to any part of the Services at our sole discretion.

Specifically, you agree that you will not:

You must comply with all applicable trade laws, including sanctions and export control laws. The Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. The Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.

You further agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on the Services. Violation of these Terms may result in civil or criminal liability. Ignite Health may investigate potential violations, which may include cooperation with law enforcement authorities and/or pursuing prosecution of users who are involved in such violations.

Please be aware that information transmitted over the Internet may not be secure and confidentiality cannot be guaranteed. Information of a confidential, proprietary, or privileged nature should not be sent through the Services.

The Services may contain links to third-party online services or integrated technologies provided by third parties. Ignite Health does not control, review, or take responsibility for the content or data practices of such third parties, nor does Ignite Health make any representation or warranty regarding the accuracy of third-party content.

You agree that (i) our Services may use experimental, unsupervised technology, including generative artificial intelligence, and may sometimes provide inaccurate or offensive content that does not represent Ignite Health’s views; (ii) information provided to our AI Technologies may be used to continuously train the AI Technologies; (iii) submission of confidential or proprietary information could be compromised if submitted to the AI Technologies and should not be submitted unless such use is permitted; (iv) our AI Technologies may at times reproduce copyrighted material used as training data in response to an inquiry, and care should be taken in copying and further distributing content created by any AI Technologies, such as ensuring that no copyright information appears on outputted work, and ensuring no other obvious signs show that the outputted work belongs to a third party; (v) if you use the AI Technologies, you assume all responsibilities and obligations with respect to the results, any decisions or advice made or given, any materials retrieved therefrom, including those to any third party, for the content, accuracy, and review of such results and you should therefore, use discretion before relying on, publishing, or otherwise using content provided by the AI Technologies; (vi) you will not rely on the AI Technologies for medical, legal, financial, or other professional advice, and any content regarding those topics is unintentional, provided for informational purposes only, and is not a substitute for advice from a qualified professional; and (vii) you will contact us at [email protected] with questions regarding the AI Technologies or if you require further information with the subject line “AI Technologies Help.”

IGNITE HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE SERVICES, INCLUDING THE AI TECHNOLOGIES, FOR ANY PARTICULAR PURPOSE. IGNITE HEALTH AND ITS LICENSORS ASSUME NO RESPONSIBILITY FOR ANY LOSS OR HARM THAT OCCURS RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING AI TECHNOLOGIES. YOUR USE OF THE SERVICES, INCLUDING AI TECHNOLOGIES, IS SOLELY AT YOUR OWN RISK. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE IMPLIED WARRANTIES CONTAINED IN THIS SECTION, THE EXCLUSIONS IN THIS SECTION WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THE SERVICES, INCLUDING AI TECHNOLOGIES, ARE PROVIDED BY IGNITE HEALTH AND ITS LICENSORS ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, RELIABILITY, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THIS ALSO INCLUDES ANY WARRANTIES THAT MAY ARISE FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WE MAKE NO REPRESENTATIONS, WARRANTIES, SUGGESTIONS, OR RECOMMENDATIONS REGARDING INSURANCE PLANS, INSURANCE CARRIERS, OR HEALTHCARE-RELATED PROVIDERS, PRODUCTS, OR SERVICES OFFERED OR PURCHASED THROUGH OR IN CONNECTION WITH THE SERVICES.

IGNITE HEALTH DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THE SERVICES, INCLUDING AI TECHNOLOGIES, AND/OR CONTENT. IGNITE HEALTH DOES NOT WARRANT THAT YOUR USE OF THE SERVICES, AI TECHNOLOGIES, OR INFORMATION WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SERVER(S) ON WHICH THE SERVICES IS HOSTED OR INFORMATION ARE SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL IGNITE HEALTH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE SERVICES, AI TECHNOLOGIES, AND/OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE SERVICES.

BY USING OR ACCESSING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

IF THE FOREGOING LIMITATIONS ARE DISALLOWED, IN ANY EVENT, THE TOTAL LIABILITY FOR IGNITE HEALTH AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT SHALL BE $5.00 USD.

As permitted by applicable law, you agree to, and you hereby, defend (if requested by Ignite Health), indemnify, and hold Ignite Health and its affiliates, officers, directors, licensors, contractors, employees, and agents (the “Ignite Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against the Ignite Parties, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your use of the Services, including interactions with AI Technologies; (ii) your breach or alleged breach of these Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services; (iv) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any intellectual property, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by you; and (vi) the Ignite Parties’ use of the information that you submit to us or our licensors (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Ignite Health in the defense of any Claims and Losses. Notwithstanding the foregoing, Ignite Health retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Ignite Health reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Ignite Health. This Section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

In the unlikely event that a disagreement arises between you and Ignite Health regarding any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Services (a “Dispute”), prior to initiating any legal action, you must first contact us directly by email at [email protected]. You must describe the nature of the Dispute, the basis for your claims and the resolution you are seeking. Any notice of a Dispute must be specific to you as an individual, and cannot be consolidated with Disputes involving any other parties.

You agree that the term “Dispute” in these Terms will have the broadest meaning possible, including your interactions with and use of AI Technologies. These Terms also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of Ignite Health, or third party if Ignite Health could be liable, directly or indirectly, for such Dispute.

During the 60 business days from the date you first contacted us, you and we agree to engage in good faith efforts to resolve the Dispute. During this 60 business day time period you and we agree to toll any statutes of limitations that may apply, along with any filing deadlines.

We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Waiver of Jury Trial. IF FOR ANY REASON A CLAIM PROCEEDS TO COURT RATHER THAN ARBITRATION, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE RELATIONSHIP OF THE PARTIES.

No Class Actions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, STATUTE, TORT OR ANY OTHER THEORY) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.

Time Bar. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.

You agree that the Terms and any Dispute arising from or relating to the Terms shall be governed and construed in accordance with the laws of the State of Wyoming, excluding conflict of laws rules, and that any action based on or alleging a breach of these provisions must be brought in a state or federal court located in the State of Wyoming. You agree to submit to the personal jurisdiction and venue of courts of the State of Wyoming.

Our Apps are designed to work on compatible iOS and Android mobile devices and is generally available through third-party mobile stores (i.e., Apple’s App Store or the Google Play Store (each an “App Store”)). If you are accessing the Services through an App, you agree that you will read each App Store’s terms and conditions that apply to your use of the App. You agree that only your mobile service carrier or Internet service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your mobile device directly with your carrier or provider without involving us.

Terms Specific to Apple Mobile Devices. If you are accessing or using the App on any Apple mobile device, the following additional terms and conditions are applicable to you and are incorporated into these Terms by this reference:

Terms Specific to Android Mobile Devices. If the App is provided to you through Google, Inc.’s (Google, Inc. together with all of its affiliates, “Google”) Google Play Store, the following terms and conditions are applicable to you and are incorporated into these Terms by this reference:

Termination or Changes. To the extent permitted by law, we reserve the right to terminate your access to and use of the Services and any of its features in our sole discretion, without notice and liability, including, without limitation, if we have reason to believe that: (i) you have violated these Terms, (ii) your employer has violated any agreement with us including agreements regarding the Services, or (iii) applicable law.

We also reserve the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Content or information available on the Services, without limitation, in whole or in part, including the cessation of all activities associated with the Services, with or without notice. You agree that we will not be liable to you or to any other party for any modification, suspension or discontinuance of the Services or any part thereof. We also reserve the right to charge for use of the Services, in whole or in part, and to change its fees from time to time in its discretion.

Entire Agreement. Except for any additional terms that apply to your use of the Services we may notify or make available to you, this is the entire understanding between you and us regarding the use of the Services, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.

Notices. Any notices or other communications provided by Ignite Health under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is given. For notices made by posting to the Services, the date of such posting will be deemed the date that notice is given.

No Waiver. You acknowledge and agree that failure to enforce strict performance of any provision of these Terms does not constitute Ignite Health’s waiver of any provision of these Terms or rights reserved thereunder. Ignite Health’s performance of these Terms is subject to existing laws and legal process; nothing contained in these Terms is in derogation of Ignite Health’s obligation to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Ignite Health with respect to such use.

Investigations; Cooperation with Law Enforcement. Ignite Health reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Ignite Health may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.

Electronic Contracting. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Services it is intended to be an electronic signature which binds you as if you had signed on paper.

Electronic Communications. We may communicate with you through your account dashboard, email, phone, text or SMS, video conference, or physical mail. Where a phone number is provided, you consent to receive communications from us via text, SMS, or voice call, including communications through the use of automated phone dialling systems, to each phone number you provide to us. You may add or change the phone numbers provided, but you authorize and consent to receive communications on each phone number you provide. You can stop receiving text or SMS messages by texting "STOP" to us, and we will respond to confirm that you have been unsubscribed. After this, you will no longer receive text or SMS messages from us, which may impact your ability to use the Services. If you are experiencing issues with the messaging program, you can get help directly at [email protected]. We are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent to you from us and to us from you. Messaging frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Severability. If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed severable from these Terms; the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms, which will continue in effect.

No Assignment. You may not assign, transfer, or sublicense the rights granted to you under these Terms. Ignite Health may freely assign or transfer these Terms without restriction. The provisions of these Terms shall inure to the benefit of, and be binding upon, the parties and their respective successors and permitted assigns.

Force Majeure. Ignite Health is not liable for any delay or failure in performance of its obligations from any cause beyond Ignite Health’s control, including, but not limited to, acts of God, changes to laws or regulations, embargoes, wars, terrorist acts, failures by a third-party technology service provider, riots, fires, earthquakes, floods, pandemics, power outages, strikes, weather conditions, acts of hackers, acts of internet service providers, acts of any other third party, or the acts or omissions of you or your employer.