iHealth Gluco+ Subscription Terms & Conditions

These terms of use cover important information about services provided to you, charges and amounts we bill you, future changes to these terms, and automatic renewals. Please read them carefully.

Who we are and how this Agreement applies to you:

iHealth Labs, Inc., has a principal place of business at 880 W. Maude Ave., Sunnyvale, CA 94085, USA ("us", "we", "our" or "iHealth Labs, Inc.," "iHealth Labs," "iHealth," or "Company"), makes certain services, features, content, websites (or other linked pages) or applications available to you, from time to time, (collectively with the iHealth Labs Gluco+ device, blood glucose strips, and lancing device, ("Gluco+ Device" or "Device"), the "Service(s)").

Please read the following terms of use ("Agreement") carefully before using the Services (as defined below) offered by iHealth Labs, Inc.

This Agreement sets out the legally binding terms and conditions for your use of the Gluco+ Device, including the software embedded within the Gluco+ Device, the iHealth Labs, Inc. subscription including provision of a Gluco+ Device and access to the Services ("Subscription"), and the Services, and applies to all Gluco+ plans, including Gluco+ Flex, Gluco+ Saver, Flex Refill, Saver Refill, and future plans, including the 30-day trial.

Subscriptions last one year, and prices for your chosen supply level are locked at checkout. If you do not enroll in a Gluco+ Flex or Saver plan after the trial, a cancellation processing fee of $15 may be charged to cover administrative costs associated with terminating your subscription. This fee will not apply if cancellation is due to billing errors, duplicate charges, or where prohibited by applicable law.

The Device is covered by an active subscription warranty. If the Device becomes defective under normal use, we will replace it at no cost while your subscription remains active. Device issues do not qualify as a valid reason to cancel your plan, because a replacement will be provided under the applicable warranty. The subscription remains in effect during the replacement process. This warranty applies to defects in materials or workmanship under normal use.  Each device has a unique serial number (SN), and only one device is covered by each warranty. 

Your subscription starts immediately after your order is placed. By agreeing to these terms, you confirm that you are at least 18 years old.

The Services are provided to you for personal use only and may not be used in connection with any commercial activities except those that are expressly approved by iHealth Labs, Inc. in advance in writing.

"You" and "your" and "customer" refer to the person accessing or using the Services or Device. By accessing and using the Service or Device in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept and agree to be legally bound by this Agreement, you are not authorized to use the Services or the Device.

iHealth Labs, Inc. may modify this Agreement at any time and such modification will be effective upon posting such modifications to the Services.

GLUCO+ SUBSCRIPTION AND REFILL PLANS

Gluco+ offers Saver and Flex subscriptions, as well as Saver Refill and Flex Refill plans if you only want recurring testing supplies (i.e., you already have a Gluco+ device). Choose between 50, 100, or 200 test strips and lancets at checkout. The Gluco+ device is included in the first delivery of the Gluco+ Flex and Gluco+ Saver.

All subscription and refill plans include test strips and lancets every 3 months, free shipping included. Active subscribers receive one warrenty per Gluco+ monitor, valid only for the device registered at the first service request. Timely payment is required.

iHealth Gluco+ Wireless Smart Glucose Meter pairs with the free iHealth iGluco app and enables you to store, track, and share your blood glucose readings, offering you a comprehensive solution for proactive glucose management. Take control of your health by setting personalized target ranges and reminders, ensuring you stay on track with your glucose goals with iGluco.

DELIVERY TERMS PER PLAN

30-day trial

The Gluco+ subscription begins with a 30-day free trial. During the trial, you may choose your preferred supply level at any time through your account. If you do not select a plan before the end of the 30-day trial, your subscription will automatically convert to the Gluco+ Saver plan (the lowest supply level) beginning on Day 31. You will receive an email reminder 3–7 days before your trial ends. You may cancel your trial at any time before the end of the 30-day period.

Gluco+ Flex or Flex Refill – Annual Plan, Pay Per Delivery

When you place the order, you’ll be charged for your first delivery (one-fourth of the annual plan price), and your initial supply will be shipped. The remaining three deliveries are billed quarterly at the same rate. If you cancel during your 12-month term, a cancellation processing fee of $15 may be charged to cover administrative costs associated with terminating your subscription. This fee will not apply if cancellation is due to billing errors, duplicate charges, or where prohibited by applicable law. Your plan renews automatically each year. You may also contact our customer service at any time before the renewal date to cancel auto-renewal and avoid charges. 

Gluco+ Saver or Saver Refill – Annual Plan, Pay Upfront

With the Gluco+ Saver of Saver Refill plan you'll pay the full yearly amount upfront at checkout based on your chosen supply level. Only renewal plans can be cancelled. Unless you cancel your renewal prior to the renewal date, your plan automatically renews annually after the 12-month term ends.

1. USE OF THE SERVICES

Your use of the Services is subject to important license terms. iHealth Labs, Inc. software, text, graphics, images, video, audio, data, and other technology and material are made available to you through the Services (collectively referred to as the "Content"). Subject to this Agreement and your active and valid Subscription, we grant to you a worldwide, non-exclusive, non-sublicensable and non-transferable limited license solely to (i) access and use (i.e., to download and display locally) the Content and the software and applications made available through the Services and (ii) use the iHealth software embedded within the Gluco+ Device, in each case solely for your personal use of the Services.

You shall not sell, transfer, assign, license, rent, sublicense, modify, publicly perform, make a derivative version of, or distribute the Content except with our prior written permission.

You shall not use, copy, display, or store the Content for any purpose other than as expressly permitted in this Agreement or with our prior written permission. You shall not use, copy, display, or store the Content or otherwise exploit any Content in any way that violates any third-party right.

The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Services, or our licensors, partners, sponsors, or affiliates.

The Content is protected by intellectual property rights, including, for example, patent, trade mark, copyright, and database rights. Unauthorized use of the Content may infringe such intellectual property rights and other laws. You have no rights in or to the Content other than the limited right to use as set out in this Agreement. No other use is permitted without prior written consent from us or the owner of the Content.

If you violate any part of this Agreement, your permission to access and use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content.

Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (the "Third-Party Trademarks"). Your use of the Services does not grant you, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on the Services. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner which, in our reasonable judgement, may damage any goodwill in the Third-Party Trademarks.

2. LINKS TO EXTERNAL THIRD-PARTY SITES:

The Services permit access to content, recommendations, and data posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability. The Services also include access to, links to, and content, recommendations, and data from third-party websites, products and services ("External Services"). The External Services may include AI Technology, including LLM. These External Services are provided solely as a convenience to you, are not an endorsement by us of the content, recommendations, and data on or made available through such External Services, and may be subject to separate legal terms and conditions between you and third parties. The content, recommendations, and data of such External Services are developed and provided by others.

3. ACTIONS YOU ARE SPECIFICALLY PROHIBITED FROM TAKING:

The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications; (ii) any use of the Services which may harm or degrade the reliability, speed, or operation of the Services or any underlying hardware or software including, for example by introducing malware, hacking or bypassing our security; (iii) use of web scraping, web harvesting, or web data extraction methods from iHealth Labs' Services even if the Account owner gives permission; (iv) reverse engineering the Services or any underlying software, except to the extent this restriction is prohibited by applicable law, (v) any use of the Services which is unlawful or in violation of this Agreement, (vi) any use of the Gluco+ Device for purposes other than the Services.

4. NECESSARY EQUIPMENT:

Use of your Subscription is dependent upon a supported Gluco+ Device, supported mobile device and internet access. It is your responsibility to ensure access to the internet and functionality of your mobile device. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges. The Gluco+ monitor works on its own. However, pairing it with the free iGluco app lets you log results automatically, track your progress, and share reports with your healthcare provider.

5. CHANGES TO THE PRICE AND SUBSCRIPTION PLANS

We may update Subscription terms and conditions with or without notice from time to time. Promotions apply only to new subscribers. Prices and plans subject to change, please see our website for details.

By enrolling, you agree to the Gluco+ Subscription Terms of Use, including recurring payments, and the Recurring Payment and Delivery Terms below. Subscriptions auto-renew unless canceled before the renewal date.

6. AUTHORIZATION OF RECURRING PAYMENT

By choosing a recurring payment plan, you authorize iHealth to charge your credit card (or other payment form) for subscription fees according to your subscription terms as described to you in the process of obtaining your Subscription unless you cancel your renewal.

Your non-termination or continued use of your Subscription reaffirms that we are authorized to charge your Payment Method for any fees related to that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance or as otherwise described when you initially selected to purchase the Subscription.

7. TERMINATION FOR NON-PAYMENT.

Company may terminate the Customer's subscription if Customer fails to pay any undisputed amounts due under this Agreement and such failure continues for thirty (30) days after notice. Termination does not affect the Customer's obligation to pay any outstanding amounts owed to Company, and Company shall not be liable to Customer or any third party for any claims or expenses arising from such termination.

8. AUTO-RENEWAL OR CANCELLATION OF YOUR SUBSCRIPTION

Your subscription will automatically renew at the disclosed price and frequency unless you cancel before the renewal date. We will send you a renewal reminder notice 3–7 days before each renewal for monthly plans, and 15–45 days before renewal for annual plans. You may cancel at any time through your online account or via the ‘Manage Subscription’ link provided in your email notifications.

You may also contact our customer service at any time before the renewal date to cancel auto-renewal and avoid charges. A cancellation processing fee of $15 may be charged to cover administrative costs associated with terminating your subscription. This fee will not apply if cancellation is due to billing errors, duplicate charges, or where prohibited by applicable law. Canceling does not require returning your Gluco+ monitor; however, the warranty ends with your subscription.

Plans may not be changed. No change of supply level can be made after your Saver or Flex Subscription order has been placed. Please confirm your supply level before your trial expires.  

Upon termination of your Subscription, all licenses granted to you under this Agreement shall terminate automatically, your right to use the Services shall cease. You can request a copy of your data collected by the Gluco+ Device by following the instructions set forth in the iHealth Privacy Policy.

Unless otherwise prohibited by law, and without prejudice to our other rights or remedies, iHealth shall have the right to immediately terminate your access to any or all of the Services if you breach any of the terms of this Agreement.

9. PAYMENT OF FEES

The fees you need to pay to access the iHealth Labs’ Services and how we collect payment:
You agree to pay the Subscription Fees as described in this Agreement and during the purchase and payment process. Any payment terms presented to you in the process of obtaining your Subscription are deemed part of this Agreement and are incorporated into this Agreement by reference. All subscription fees are non-refundable except where required by applicable consumer protection laws. If your Device fails to be delivered, we will reship your order at no additional cost. If your Device is defective under normal use, a replacement will be provided under the subscription-active warranty. Device delivery issues or defects do not qualify for a refund of any subscription fees.

10. BILLING.

By purchasing a Subscription order, you expressly grant permission to provide your information to our 3rd party tool for necessary business purposes to process billing. We may collect payments from you directly or we may use a third-party payment processor ("Payment Processor") to bill you through your account. You will be able to see your subscription order and future delivery details in your Account.

The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for any errors by a Payment Processor.

By choosing to purchase a Subscription, you agree to pay us, either directly or through a Payment Processor, all Subscription Fees and other charges at the prices then in effect and in accordance with the applicable payment terms and you authorize us, through a Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using your selected Payment Method. We reserve the right to correct any errors or mistakes that we or a Payment Processor make even if we or a Payment Processor have already requested or received payment.

11 Payment Method.

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through a Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

12. Current Information Required.

You must provide current, complete and accurate billing information in your Account. You must promptly update all information to keep your Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made via the "Manage Subscription" button in the confirmation email you receive after you place your Subscription order. If you fail to provide any of the information described above, you agree that we may continue charging you for any Subscription Fees under your billing account unless you have terminated your Subscription in accordance with this Agreement.

13. NOT MEDICAL ADVICE

iHealth Labs, Inc. provides the Services for you to track, manage, and share your wellness-related information. The Gluco+ Device is an FDA-registered over-the-counter medical device intended for self-monitoring of blood glucose. It is designed to assist users in tracking their glucose levels but is not a substitute for professional medical diagnosis, advice, or treatment. Users should consult a licensed healthcare professional for interpretation of results, medical decisions, or if they experience unusual symptoms. iHealth Labs, Inc. Services and the Gluco+ Device are not intended for emergency or life-threatening situations. 

If you believe you are experiencing a medical emergency, contact your local emergency services immediately. You should not use the Services or any Content on the Services for diagnosing or treating a health condition. All Content available through the Services is for general fitness and informational purposes only.

If you have any medical questions, please call or consult your doctor or other healthcare provider. You should never disregard medical advice or delay in seeking medical advice because of any Content presented on the Services.

iHealth Labs' Services (e.g. including but not limited to, personalized target ranges and reminders, blood glucose readings, and in-app blood glucose monitoring) are subject to various limitations (e.g. poor signal quality or missing signal) and are not guaranteed to be error-free or accurate. Except as specifically indicated, iHealth Labs, Inc. Services are intended solely for personal wellness tracking and not for making any medical decisions.

You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet, exercise, consultations, or training program. You agree that your exercise and athletic activities carry certain inherent and significant risks of bodily injury, death or property damage, and that you voluntarily assume all known and unknown risks associated with these activities.

Use of the Services, or communication with us via the internet, e-mail or any other means, does not create any doctor-patient relationship. The Services and any results or Content displayed via the Services, whether provided by iHealth or third parties, do not provide medical advice and are not intended to be a substitute for (i) advice from your doctor or other medical professionals, or (ii) a visit, call, or consultation with your doctor or other medical professionals.

14. CHANGES TO SERVICES

We may modify the Services from time to time in order:

1. to comply with law, regulation, court order, or government action;
2. to make technical adjustments and improvements, for example to address a security threat;
3. to update and improve the Services; and
4. to discontinue any feature or component or content, provided that the Services generally allow you to track your recovery, sleep, and strain, and provide fitness insights and coaching.

Any and all changes we make to the terms and conditions of the Subscription Plans we sell on the product page, with or without notice, will not affect existing subscriptions.

15. Gluco+ Subscription Return and Refund Policy

All sales are final once the customer purchases their Subscription. Refunds are not permitted. Cancellations are only allowed for Flex or Trial subscriptions. A cancellation processing fee of $15 may be charged to cover administrative costs associated with terminating your subscription. This fee will not apply if cancellation is due to billing errors, duplicate charges, or where prohibited by applicable law. In case of conflict or discrepancies between the iHealth Labs Return Policy and the Refund Policy for the Gluco+ Subscription, the terms of the Gluco+ Subscription Return and Refund Policy will govern.

16. HOW YOUR DATA IS USED

We only process User Data with your consent. If you don't consent, you are not able to use our Services or place a Subscription order. 'Necessary Processing of Personal Data' refers to data required to fulfill our contract and provide services. Without it, our products cannot function. Details of how we collect and use your personal data can be found in the iHealth Labs, Inc. Privacy Policy.

17. Feedback

In addition to the licenses above, if you submit comments, ideas, or feedback to us in any form, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by iHealth Labs, Inc., or obtained from sources other than you.

18. WARRANTY

materials and workmanship for as long as you maintain an active Subscription with no outstanding balance or unpaid fees (the “Warranty Period"). The Gluco+ Device is covered by a warranty for as long as your subscription remains active. This warranty applies to defects in materials or workmanship under normal use.

Except as expressly provided in this Lifetime Warranty, the Gluco+ Device and all related accessories are provided "as is" and "as available," without any other warranties, express or implied. To the maximum extent permitted by law, iHealth Labs, Inc. disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

1. Eligibility Requirements

To qualify for the Lifetime Warranty, you must:

(a) Maintain an active Subscription with no outstanding balance or unpaid fees;

(b) Have a valid Payment Method on file

2. Exclusions

This Lifetime Warranty does not cover:

(a) Lost Gluco+ Devices, chargers, or power packs;

(b) Damage or failure caused by misuse, improper or negligent handling, abnormal use, or failure to follow instructions;

(c) Damage from accidents, acts of God, unauthorized commercial use, abuse, neglect, theft, or extreme environmental conditions;

(d) Cosmetic damage;

(e) Unauthorized modifications or repairs, or use of incompatible parts; or

(f) Alteration or removal of the factory model name or serial number.

19. DISCLAIMER OF WARRANTY

As a consumer, you have certain rights under law and nothing in this Agreement can, or is intended to, limit or remove these rights. We don't exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so.

Except to the extent permitted under applicable law, the Services and Content are provided on an "as is" and "as available" basis without any express or implied warranties or conditions of any kind. We hereby disclaim all implied warranties and conditions to the fullest extent permitted by law, including, but not limited to, the warranty of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.

To the fullest extent permitted by law, we, our affiliates, our partners, and our and their respective officers, directors, employees, agents, suppliers, or licensors, make no warranties or representations about the Content or Services, including but not limited to accuracy, completeness, timeliness, or reliability (including, without limitation, the availability level of the Services on a daily or weekly basis).

To the fullest extent permitted by law, neither we nor our affiliates or partners shall be subject to liability for truth, accuracy, or completeness of any information conveyed to users of the Services or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. Further, we make no warranty that the Services will be available error free or that the Services or the Content are free of computer viruses or similar contamination or destructive features. If your use of the Services or the Content results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs. You agree that you use the Services and the Content at your own risk.

While we endeavor to provide high quality support services to you, iHealth disclaims any representations or warranties regarding the level or availability of support services.

20. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE GLUCO+ DEVICE, THE SERVICES AND/OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF ONE HUNDRED DOLLARS, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM A PROHIBITED USE OF THE GLUCO+ DEVICE.

In some countries, consumer protection laws may not allow certain disclaimers or exclusions or limitations of liability and consequently some of the disclaimers, exclusions and limitations of liability in this Agreement may not apply in whole or in part. In some countries, this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. In such cases, our liability shall not be limited as prohibited by law, and shall be limited to the greatest extent permitted by law.

If the laws of your country would otherwise remove all limitations of liability set forth above, then in such case we provide the following explicit limitation in place of the limitations of liability set forth above: (1) We do not accept responsibility for any loss or damage that was not caused by our breach of this Agreement or that was not, at the time you agreed to this Agreement, a reasonably foreseeable consequence of us breaching this Agreement; and (2) We do not limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

21. INDEMNITY

To the extent permitted by law, you agree to hold us and our subsidiaries, affiliates, officers, agents, suppliers, employees, partners and licensors harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (i) your use of the Services, (ii) your breach of this Agreement, (iii) your uploading of, access to, connection to, or use or misuse of the Content or the Services, or (iv) your violation of law. You agree to cooperate with any reasonable requests assisting our defense of such matter.

22. NOTICES

Electronic mail (e-mail) shall be deemed to be acceptable written notice.

23. DISPUTE RESOLUTION.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

UNLESS PROHIBITED BY THE LAWS OF YOUR LOCAL JURISDICTION, YOU AND IHEALTH LABS, INC. AGREE TO GIVE UP ANY RIGHTS TO LITIGATE DISPUTES RELATED TO THESE TERMS OR THE GLUCO+ DEVICES OR SERVICES IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OR USE OF THE GLUCO+ DEVICE OR SERVICES WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, UNLESS PROHIBITED BY APPLICABLE LAW.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision.

The arbitrator(s) will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator(s) will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

We will be responsible for paying arbitration fees, and will determine the number of arbitrators (one or a panel of three) and method of selection (subject to your approval, not to be unreasonably withheld).

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR IHEALTH LABS, INC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Either you or iHealth Labs may assert claims, if they qualify, in small claims court in the County of Santa Clara or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the iHealth Labs, Inc. products or Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and iHealth Labs, Inc. agree that any judicial proceeding (other than small claims actions) will be brought in the venue agreed below.

24. GOVERNING LAW; VENUE.

This Agreement is governed by the internal substantive laws of the State of California, USA, without respect to its conflict of law provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the County of Santa Clara.

25. LIMITATION ON CLAIMS.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Gluco+ Device or Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

26. ASSIGNMENT.

This Agreement, and any rights and licenses granted under this Agreement, may not be transferred or assigned by you, but may be assigned by us if such transfer or assignment does not materially affect your rights under this Agreement (other than the change of counterparty). This Agreement will inure to the benefit of our successors and permitted assigns.

27. SEVERABILITY.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

28. NON-WAIVER.

Failure by us to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

29. ENTIRE AGREEMENT.

Except as expressly agreed by us and you, this Agreement and any other terms presented to you in connection with your creation of your Account and payment of Subscription Fees constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.

30. SURVIVAL.

All sections of this Agreement that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled, Indemnity, Disclaimer of Warranty and Limitation of Liability, and General (including Dispute Resolution).

31. THIRD PARTY DISTRIBUTION CHANNELS.

iHealth Labs, Inc. offers software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels ("Distribution Channels"). If you obtain such software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. This Agreement is between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.

With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:

• iHealth Labs, Inc. and you acknowledge that this Agreement is concluded only between you and iHealth, and not with Apple Inc. ("Apple"), and that as between iHealth Labs, Inc. and Apple, iHealth Labs, Inc., not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
• Your license to use the Apple-Enabled Software is limited to a non-exclusive, revocable, non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be the sole responsibility of iHealth Labs, Inc., to the extent it cannot be disclaimed under applicable law.
• iHealth Labs, Inc. and you acknowledge that iHealth, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between iHealth Labs, Inc. and Apple, iHealth, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to iHealth Labs, Inc. at the e-mail address, phone number or mailing address set forth in Section 19 of this Agreement.
• iHealth Labs, Inc. and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

32. CONTACT

If you have any questions regarding the Services, please contact Customer Support via support@ihealthlabs.com. Our mailing address is iHealth Labs, Inc., 880 W. Maude Ave., Sunnyvale, CA 94085.