VerifyMyIdentity: Terms of Service

Effective Date: July 1, 2020

The Verify My Identity (“VMI”) Service (the “Service”) is provided solely for the use and convenience of you, a member, agent, or otherwise authorized user (“You”, or “User”).

Verify My Identity is a login service (a.k.a. a “Single Signon” Service). It is designed to facilitate easy transfer of health information but can be used in other situation when a Google Login . It is an standards-based approach and is based on OpenID Connect. What set’s VMI apart is that unlike a “Google login”, or any other OpenID Connect implementation, VMI lets you do things like:

By providing a way to easily share this information with medical data holders, you provide them with as much information as possible to allow them to uniquely and accurately identify you.

This “Agreement,” in conjunction with VMI’s Privacy Policy (as well as applicable law, rules and regulations) governs the terms of Your access to and use of the Service. If You do not agree to the terms of this Agreement or our Privacy Policy, You must discontinue use of the Service.

You agree that, by creating a VMI account, You expressly consent to (a) using electronic communication methods to (i) accept this Agreement and (ii) post or email to You all notices provided pursuant to this Agreement, and (b) the use of electronic records to store information relating to Your use of the Service and this Agreement.

Information retrieved from You and, upon Your authorization, transmitted to third parties may include, in accordance with VMI’s Privacy Policy: * Name, Email, Phone, Address * Sex, Date of Birth * Identifiers that may include social security number or medical IDs. * Your affiliations with organizations * Your Affiliations with other people such as family * Personal Identifiable Information (PHI) * Identity Assurance Information

PLEASE NOTE the following: * After information is shared, it cannot be unshared. While future access can be removed we remove data stored by 3rd parties or 3rd party applications. Only share information with those You trust. * Sharing is all-or-nothing. You may not share only part of Your health information * In certain cases, information may be anonymized and shared for research purposes without Your consent.

NEVER USE THE SERVICE FOR EMERGENCY OR OTHER URGENT MEDICAL ISSUES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR NEED URGENT MEDICAL CARE, IMMEDIATELY CALL 911 (IF YOU ARE IN THE UNITED STATES), GO TO YOUR LOCAL EMERGENCY ROOM, AND/OR CALL YOUR PHYSICIAN. ALL HEALTH AND HEALTH-RELATED INFORMATION IN THE SERVICE IS INTENDED TO BE GENERAL IN NATURE, PROVIDED SOLELY FOR YOUR CONVENIENCE, AND IS NOT A SUBSTITUTE FOR A VISIT TO A LICENSED HEALTHCARE PROVIDER. PLEASE CONTACT YOUR PHYSICIAN, NOT THE SERVICE, FOR ALL MEDICAL ADVICE AND CARE.

Terms and Conditions

By registering for the Service, You agree to comply with this Agreement and applicable law, rules and regulations. Your access to and use of the Service is subject to Your agreement to this Agreement and such law, rules and regulations. The terms of this Agreement may be viewed at any time by clicking the "Terms and Conditions" tab at the bottom of Your profile on the VMI website. Where any provision(s) of this Agreement conflict with any other term, policy or condition published on or otherwise applicable to the Service, the relevant provision(s) of this Agreement shall control, prevail and be enforced.

This Agreement constitutes the entire agreement between VMI and You pertaining to the subject matter hereof. You understand and agree to enter into an electronic contract (i.e., this Agreement), and that a paper record of this Agreement can be requested from VMI. You can also withdraw Your consent to this Agreement by contacting VMI, but upon such withdrawal, You will not be able to access or use the Service.

We reserve the right to modify this Agreement at any time, in our sole discretion. We will notify you when we modify this Agreement. You agree to re-review this Agreement and VMI’s Privacy Policy each time you receive notice of (or otherwise become aware of) these modifications. In general, modifications to this Agreement will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, modifications addressing new functions on the Service, or made for legal reasons, will be effective on the date You are notified of them. Your continued use of the Service constitutes Your acceptance of all of the modifications we have made. If You do not agree with our modifications to these Terms and Conditions or any of our changes to our Privacy Policy, You should discontinue your access and use of the Service. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

Electronic Messaging and Email Privacy

Certain portions of VMI permit you to securely exchange electronic messages and other information with healthcare providers and other authorized third parties.

We will respond to Your messages in as timely a fashion as is reasonably possible. It is Your sole responsibility to monitor Your account for messages and other information and to respond and/or to act (or not) upon them in a timely and appropriate manner.

All electronic messages You send through the Service may become part of your permanent VMI medical record and may be used or disclosed as provided in this Agreement and the Privacy Policy. Any messages You send must therefore pertain only to YOUR healthcare and medical conditions, and not those of a friend, family member or any other person. As with any electronic communication You send or that is sent for You or on your behalf, it is Your responsibility to ensure complete and accurate information is provided. Any response to such communications will be based solely on the information provided. Connectivity to Personal Health and Other Technology

You may choose to permit VMI to connect the Service to certain electronic devices (such as your mobile phone, scales, fitness trackers, smartwatches, etc.), applications (such as food diaries, calorie counters, workout journals, etc) and other things You use (collectively, "personal technology"). Your permission would allow the Service to access, obtain and receive certain information, including individually- identifying, personal, sensitive or confidential information, about you ("personal information" or "PI") from this personal technology. Your permission would also allow the Service to place and store this PI in VMI’s electronic health record, and also allow the use by, and its further disclosure by and to, VMI and certain other authorized people or organizations of this PI.

You understand and acknowledge that VMI is not and will not agree to be a party to any agreements or understandings You may have with third parties concerning any personal technology or PI described above. To the extent you choose to authorize VMI to engage in any of the activities described in the preceding paragraph, You also warrant and represent that (i) You have the right to authorize VMI to connect to personal technology and to access, obtain, receive, place, store, use and disclose PI for Your treatment or other uses or disclosures as described in the Privacy Policy; (ii) You are the only authorized user of the personal technology transmitting only Your PI through personal technology, and not that of any person or organization other than You; and (iii) none of the activities you authorize, otherwise violate or are inconsistent with any terms or conditions concerning the personal technology or any PI accessed, obtained or received in, from or through it.

You acknowledge and agree that any PI accessed, obtained or received in, from or through personal technology with your permission as described above may be placed and stored in, and become a permanent part of, VMI’s electronic health record. You acknowledge and agree that VMI solely and exclusively owns and holds all rights, title and interest in and to all data, including PI, in its electronic health record (as well as in any and all works created or derived by anyone from such data), subject to individual rights, if any, with respect to that data under applicable United States federal or applicable state law. You understand and acknowledge that VMI neither owns nor controls any of your personal technology, and that VMI accordingly makes no promises, warranties or representations, to You or anyone else, regarding either (i) the confidentiality, privacy, accuracy or completeness of PI accessed, obtained or received or from Your personal technology or (ii) the security of any electronic connection to or transmission PI from Your personal technology to VMI. You understand, acknowledge and agree that you have a responsibility to review any PI in Your VMI account and to contact Your healthcare provider if You believe it is inaccurate or incomplete. If You do not want VMI or others to obtain, receive, place store, view, use or disclose PI that is accessible in, from or through personal technology, You may disconnect your personal technology from the Service. You agree to provide any and all information, and to enter into such further written agreements, as may be reasonably requested by VMI in order to validate the acknowledgements, understandings, agreements, representations and warranties and to preserve VMI’s rights as stated above. Medical Disclaimer

The Service constitutes neither the practice of any medical, nursing or other health profession nor the provision of health care or any other professional advice, diagnosis or treatment. The information in the Service is not Your complete, official medical record, nor should it be relied on in any way for medical decision-making or to suggest a course of treatment for You or anyone else. If You have or suspect that You have a medical problem or condition, call Your physician. Never disregard medical advice or delay in seeking it because of something You have read on the Service.

Users Agreement

The Service is a voluntary offering from us, and You may elect to register for, or to not register for, a VMI account. You agree that You will: * comply with this Agreement and all applicable laws, rules and regulations governing Your access and use of the Service; * use reasonable efforts to learn how to use the Service, and not rely solely on VMI for assistance in doing so; * not upload or transmit any communications or content of any type to the Service that infringes or violates any rights of any party; * use the Service only in a manner that is considerate and respectful of Your healthcare providers, and not to attack, bully, demean, harass, threaten, or otherwise act in a manner that is disrespectful of Your healthcare providers; * not use the Service as a means to distribute advertising or other unsolicited material to any third party; * not post material to the Service that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity, infringing, explicit, or otherwise inconsistent with the spirit of this Agreement, * not impersonate another person or create any false account information or record for Yourself or others on the Service; * not attempt to test, probe, or circumvent any privacy, confidentiality, security or like measures protecting the Service or the foundation therein; * periodically review and update the information You provide to us so that it is kept up-to-date; * advise us of any suspected typographical errors, inaccuracies or other errors in any data, information or other material accessible or provided or located on or through the Service. You represent and warrant to us that: * You are 18 years or older; * You reside within the United States; * You possess the legal right and ability to agree to this Agreement; and * all information You provide to us in connection with account setup and activation as well as Your access and use of the Service is and will be complete and accurate.

Privacy Policy

When you use the VMI Service, we will collect certain personal information from You, as set forth in more detail in our Privacy Policy. We may access and monitor your the Service usage, including to enforce this Agreement. We may need to provide you with certain communications relating to the Service, such as service announcements and administrative messages, which are considered part of the Service and which You may not be able to opt-out from receiving. VMI takes reasonable and appropriate steps to secure Your medical information in the Service. We take no responsibility for, and disclaim any and all liability to You or anyone else resulting from, arising out of or in any way relating to or connected with, directly or indirectly, VMI confidentiality, privacy or security failures due in whole or in part to any act or omission by You or any third party, including without limitation not logging out of an active session; lost or stolen User Information; use of Your VMI account from a publicly available computer or Internet kiosk (e.g. a computer in a public library or hotel business center; downloading, printing, publishing, reproducing, transcribing, storing, transmitting in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), redistributing or selling information from the Service; user computer settings or installed software products that may compromise information security; failure to maintain anti-virus software or regularly apply software updates on the user's computer; or any other acts, omission, events or circumstances outside VMI’s direct control.

Termination of Agreement; Account Locks, Modifications or Discontinuation

You may terminate this Agreement at any time upon notice to us but then You will have no access to the Service and Your account will be terminated. The Service is provided as a patient convenience, and we reserve the right, at any time and without notice or cause, to terminate this Agreement, and/or to temporarily or permanently modify or discontinue the service and/or Your account or access, in whole or in part. In addition, we reserve the right, at any time and without notice or cause, to terminate this Agreement, and/or temporarily or permanently lock, modify or discontinue your VMI account or access. We shall not be liable to You or any third party for any such termination, lock, modification or discontinuance. In the event of the expiration or termination of this Agreement for any reason, all provisions that are intended to survive termination or expiration of this Agreement shall survive, including, but not limited to, VMI’s rights and remedies hereunder and Your duties, obligations and other responsibilities with regard to the Service

Use of Content; Ownership

The entire contents of the Service constitute a collective work protected under the copyright laws of United States and other federal and state laws. As between VMI and You, VMI holds the copyright and all other property rights and interests in the collective work. The collective work may include works that are the property of our respective suppliers, licensors, and other content providers (collectively, "Content Providers") licensed to VMI, which works and property are protected by copyright and other intellectual property laws, and well as other works and all data, information or other materials, including any VMI medical records, provided or accessible using the Service, in which VMI owns all rights, title and interest. Subject to any restrictions or limitations relating to specific material, You are hereby granted a limited non-exclusive right to use the Service for Web-based, read-only, end-user access to portions of your VMI account information, to the extent made available in accordance with applicable law and at the discretion of Your physician, solely for Your own personal, noncommercial purposes, unless otherwise prohibited herein or here under. You agree not to change or delete any proprietary notices from materials downloaded or printed from the Service. Unauthorized use of the content may violate copyright, trademark, and other laws. You shall not reverse-engineer, disassemble, decompile, download, print, publish, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, re-transmit in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), redistribute, sell, resell or otherwise put to commercial use of any the content or any copyrighted material or any other works or data, information or other materials located in or provided or accessible through the Service. You shall not use any robot, spider, other automated device, or manual process, or any third party to do any of the foregoing without the express prior written consent of VMI and any third party owner(s). We (and they) reserve the right to investigate and take appropriate civil and/or criminal legal action with respect to any actual or alleged violation of the foregoing or other infringement upon the intellectual property rights of us, our suppliers or licensors.

Any intellectual property or other property rights not expressly granted to You pursuant to this Agreement are hereby reserved by VMI.

No Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE ACCESS GRANTED BY Alliance HEREUNDER IS WEB-BASED, READ-ONLY, END-USER ACCESS TO THE SERVICE SOLELY FOR YOUR CONVENIENCE AND FOR THE LIMITED PURPOSES DESCRIBED HEREIN. THE SERVICE IS THEREFORE PROVIDED ON AN "AS IS" BASIS ONLY, WITH NO WARRANTY OF ANY KIND AS TO VMI OR WITH RESPECT TO ANY INFORMATION, PRODUCTS, SERVICES, PRODUCTS OR MATERIALS ACCESSIBLE OR PROVIDED ON OR THROUGH THE SERVICE, AND ALL ACCESS TO, AND/OR USE OR FURTHER DISCLOSURE OF ANY OF THE FOREGOING IS ENTIRELY AT YOUR OWN RISK. VMI DOES NOT MAKE AND, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS ANY AND ALL WARRANTIES OR GUARANTEES, PURSUANT TO STATUTORY OR COMMON LAW, EXPRESS OR IMPLIED, IN OR UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THAT THE SERVICE OR THE INFORMATION OR MATERIALS ACCESSIBLE OR LOCATED IN OR PROVIDED THROUGH THE SERVICE WILL BE ERROR-FREE, OR AS TO EASE OF OR SECURE, TIMELY OR CONTINUOUS ACCESS TO, OR AS TO FREEDOM FROM ANY POSSIBLE CONSEQUENCES SUCH AS LOSS OF DATA OR VIRUSES OR ANY OTHER CONTAMINATION, OR DESTRUCTIVE SOFTWARE OR PROGRAMS OR CODE ARISING FROM OR IN CONNECTION WITH SUCH ACCESS TO OR USE OF, OR OTHERWISE AS TO MERCHANTABILITY, ACCURACY, COMPLETENESS, COMPLETENESS, ADEQUACY, TIMELINESS, USEFULNESS, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE OF, THE SERVICE, ANY INFORMATION OR MATERIALS ACCESSIBLE OR PROVIDED ON OR THROUGH SUCH, OR ANY OTHER EQUIPMENT, SYSTEMS, SOFTWARE, CLINICAL RECORDS OR OTHER DATA MADE ACCESSBLE OR PROVIDED HEREUNDER. YOUR ACCESS USE OF THE SERVICE IS SOLELY AT YOUR DISCRETION. YOU SOLELY ASSUME ALL RISKS ASSOCIATED WITH SUCH AND USE OF THE SERVICE, ANY INFORMATION OR MATERIALS ACCESSIBLE OR PROVIDED ON OR THROUGH SUCH, AS WELL AS OF RELATED OR LINKED SITES, PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION THE RISKS OF DATA ERROR, CORRUPTION, LOSS, INTRUSION, UNAUTHORIZED ACCESS, USE OR DISCLOSURE, FAILURE OR DELAY, OR INTERRUPTION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VMI OR VMI’S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY, OR ANY REPSONSIBILITY OR LIABILITY FOR VMI, AS TO ANY OF THE FOREGOING.

Limitation of Liability; Release; Indemnity; Equitable Relief; Time Limit on Claims

You, on your own behalf and that of any other person or entity who may claim by or through You or on Your behalf, as well as on behalf of any person or entity accessing the Service using Your account or password, agree that neither we, our affiliates, parent or subsidiary corporations or organizations, nor our or their officers, trustees, directors, employees contractors or agents, nor any Content Providers, nor our and their successors and assigns, shall have any responsibility or liability to You or anyone else, under any theory of liability (including but not limited to claims based upon negligence), under this Agreement or otherwise in connection with your use of the Service, the information or material contained in or accessible, provided or obtained through VMI or any decision made or not made or action taken or not taken based in whole or in part upon such information or material. Except as otherwise prohibited by law, in no circumstances will VMI be responsible or liable to You or anyone else for any indirect, special, incidental, consequential, exemplary, punitive or any other damages of any such type, regardless of the legal theory under which such damages are sought (including but not limited to claims based upon negligence), arising under, in connection with or otherwise relating to this Agreement or otherwise in connection with your use of the Service, the information or material contained in or accessible, provided or obtained through the Service, or any decision made or not made or action taken or not taken based in whole or in part upon such information or material, even if informed of the possibility of such damages. Your sole and exclusive remedy for your dissatisfaction with the Service or your disagreement with this Agreement will be to stop using the Service. To the maximum extent permitted by applicable law, You, on Your own behalf and that of any other person or entity who may claim by or through You or on Your behalf, as well as on behalf of any person or entity accessing the Service using your account or password, hereby release and forever waive any and all claims You may have against us, or our affiliates, parent or subsidiary corporations or organizations, or our or their officers, trustees, directors, employees contractors or agents, or any Content Providers, or our and their successors and assigns, under any theory of liability (including but not limited to claims based upon negligence), for any and all liabilities, losses, damages, injuries, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys' fees and other legal costs or expenses), of every kind and nature, arising out of, relating to or otherwise in any way connected with, directly or indirectly, this Agreement or otherwise in connection with your use of the Service, the information or material contained in or accessible, provided or obtained through the Service, or any decision made or not made or action taken or not taken based in whole or in part upon such information or material. All rights under Section 1542 of the California Civil Code (if you are a resident of the State of California) and any similar law, statute, or regulation of any State or Territory of the United States or other nation are hereby expressly waived. California Civil Code Section 1542 reads as follows: 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.

You, on Your own behalf and that of any other person or entity who may claim by or through You or on your behalf, as well as on behalf of any person or entity accessing the Site using Your account or password, agree to indemnify and hold us, and our affiliates, parent or subsidiary corporations or organizations, and our or their officers, trustees, directors, employees, agents, and any Content Providers, and our and their successors and assigns (each of the foregoing, a "VMI Indemnitee", and collectively, the "VMI Indemnitees"), against any and all claims, demands, actions, liabilities, losses, damages, injuries, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys' fees and other legal costs or expenses) brought or awarded against, suffered, incurred, paid or payable by one or more VMI Indemnitees arising out of, relating to or otherwise connected with, directly or indirectly, this Agreement, Your acts or omissions hereunder (including your breach hereof), or otherwise in connection with Your use of the Service, the information or material contained in or accessible, provided or obtained through the Service, or any decision made or action taken or not taken based in whole or in part upon such information or material.

You acknowledge that the recovery or threatened breach of damages, indemnities or other compensation hereunder may not be an adequate means to redress a breach of this Agreement by You and, accordingly, you specifically agree that any or all of the VMI Indemnitees shall have the right to injunctive relief and specific performance hereof, without the requirement of proving damages, or posting bond or other surety, in addition to any other available remedies they may have hereunder or otherwise at law or equity. ANY CLAIM OR CAUSE OF ACTION, REGARDLESS OF THEORY, BROUGHT BY YOU (OR ANYONE CLAIMING BY OR THROUGH YOU OR ON YOUR BEHALF) AND ARISING ACCESS OR OUT OF OR RELATING TO OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO YOUR USE OF THE SERVICE, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DATE OF THE OCCURRENCE OF THE EVENT (OR, IF A SERIES OF EVENTS, THE FIRST EVENT IN SUCH SERIES) GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE FOREVER BARRED.

Choice of Law, Jurisdiction and Venue

These Terms and Conditions are entered into in the State of North Carolina and shall be governed by and construed in accordance with the laws of the State of North Carolina, exclusive of its choice of law rules. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in Wake County, North Carolina for any dispute with or claim against VMI arising out of, in connection with or otherwise relating to this Agreement, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorney fees. Use of the Service is not authorized in any jurisdiction that does not give effect to the terms and conditions set forth herein. The Service is intended for use only by patients who are residents of the United States; and we follow the laws of the United States and the State of North Carolina a with regard to the operation of the site and the Service, including the laws of the United States and the State of North Carolina relating to use and protection of personally identifiable data and protected health information. We will not be held to laws or standards of other jurisdictions other than those of the United States and the State of North Carolina.

Notices

Videntity may deliver notice to You under this Agreement by means of electronic mail, or by written communication delivered by hand, by first class U.S. mail or by other nationally-recognized courier (eg, UPS, Fedex) to your address on record in VMI’s account information. Notices to VMI shall be delivered by hand, by first class U.S. mail or by other nationally-recognized courier (eg, UPS, Fedex) to: Videntity Systems, Inc. 811 9th St. Suite 120-309 Durham, NC 27705

Severability

In the event that any of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

Cumulative Remedies; Waiver

All of our rights and remedies provided in this Agreement are cumulative and not exclusive of any other rights or remedies that may be available to us hereunder or otherwise at law or equity. Further, any failure on our part to act with respect to a violation by You or others of this Agreement does not waive our right to act with respect to subsequent or similar violations.

Your Agreement

I have read the this Agreement and the Privacy Policy referenced above. I understand them. I agree to them. I consent to their terms and conditions voluntarily.

Organizational Agent Terms

If You are accessing the Service as an Agent or on behalf of an organization, the following applies. * I understand that I may be given access to confidential information about members consumers. I acknowledge that my access to confidential information is for the sole purpose of performing my responsibilities and for no other purpose. I will access only that information that I need to perform my job and will not seek access to any information that I do not need to perform my job. * I attest that when I verify a person's identity, that I will only do so when I am assured of the indivudal's identity. This assurance may come from inspection of documents suchas as driver's license, or other means. * I understand that protected health information (PHI) or any other confidential information (CI) may not be shared with anyone who does not have an official need to know. * I will be especially careful not to share this information with others in casual conversation. * I will handle with care all records and the data they contain to prevent unauthorized access to or disclosure of CI. I understand that I am not permitted to remove CI from my work area. * I understand that my logon ID and password are unique to me, and may not be shared with anyone else and must be stored in a secure location. I will log off of the platform before leaving my work area, and will not leave a computer that has the platform open and running unattended. If I become aware that my password and/or logon ID becomes compromised, I will notify my VMI representative. * I understand that a failure to follow these security steps appropriately may result in a breach of client confidentiality and VMI security, and access to the Service may be terminated and I may be subject to further action as defined by my organization/network. By electronically agreeing to this statement, I have acknowledged that I have read and agree to these terms.