Simpel Drip (“Simpel Drip,” “we,” “us,” “our) own and operate the website located at www.simpeldrip.com (the “Site”) and may now or in the future own and/or operate an “Simpel Drip” or “The SD Bar” mobile application (the “App”) (collectively, the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), the appointment booking service, and any products or services provided through the Platform or otherwise by Simpel Drip (collectively, including the Platform and the Content, the “Service”) are governed by these Terms of Service (“Terms of Service” or “Agreement”). By using the Service, you acknowledge that you have read, accepted, and agreed to be bound by these Terms of Service. BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE (AS DEFINED BELOW) OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS OF SERVICE ON YOUR BEHALF. ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND DEACON MEDICAL CORP. OR PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW. IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN. Please read this Agreement carefully because it sets forth the important terms you will need to know about the Service. In this Agreement, the terms “you” and “yours” refer to the person using the Service, or in the case of a use of the Service by or on behalf of a minor, “you” and “yours” refer to and include (i) the parent or legal guardian who provides consent to the use of the Service by such minor or uses the Service on behalf of the minor, and (ii) the minor for whom consent is being provided or on whose behalf the Service is being utilized. Please see the “Limited Use and Availability” Section of this Agreement for more information regarding use of the Service by minors and applicable limitations on such use. Notwithstanding the foregoing, the Service is not intended for individuals under the age of thirteen (13) and individuals under the age of thirteen (13) are prohibited from using all or any part of the Service or entering into this Agreement, even if a parent or legal guardian would be willing to provide consent to use of the Service or this Agreement. Please contact us at simpeldrip@gmail.com if you are a parent or legal guardian of an individual under the age of eighteen (18) who you believe has used the Service without your consent. Acceptance of Terms of Service Your access to and use of the Service is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in their entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Service or any information or content provided through the Service, except as necessary to review this Agreement. The Service is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Service in our sole discretion at any time and without prior notice to you. Any changes to the Terms are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Service is also subject to this Agreement upon posting to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Service. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes. Your Relationship with Us: No Medical Services Except by Medical Professionals We make available to individuals who register as users of the Service (“Users”) certain non-medical products and services sold or offered by Simpel Drip, OR medical services offered by Deacon Medical Corp., a California professional medical corporation (the “Medical Corporation”). Simpel Drip’s Service is designed to enable you to request and book certain intravenous hydration services and other medical services to be provided by a licensed medical professional. We only schedule your requested service(s) and bill you on behalf of the Medical Corporation. We do not provide medical care services. Our Service is not engaged in the practice of medicine and is not a health care provider. The Medical Corporation employs or contracts with physicians, registered nurses and allied health professionals, who offer certain healthcare services through the Platform (“Providers”). By accepting this Agreement, you acknowledge and agree that any services you receive from the Medical Corporation or Providers through the Platform are also subject to this Agreement, and that the Medical Corporation and Providers are third-party beneficiaries of this Agreement. We do not control or interfere with the practice of medicine by the Medical Corporation or any Providers, each of whom is solely responsible for directing the medical care and/or treatment they provide to you. By accepting this Agreement, you acknowledge and agree that Simpel Drip is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other health care provider-patient relationship with Simpel Drip. By using the Service, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the Medical Corporation and/or one or more Providers. We encourage you to consult with your own health care provider prior to using our Service to book any health care service or if you have any questions regarding any potential health care service. By accepting this Agreement, you acknowledge and agree that the Medical Corporation and/or Providers may send you messages, reports, and emails via the Service regarding your diagnosis and/or treatment. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Simpel Drip nor the Medical Corporation nor any Provider will be responsible in any way and you will not hold Simpel Drip, the Medical Corporation, or any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Medical Corporation or your Provider(s). While you are not establishing a doctor-patient or other health care provider-patient relationship with Simpel Drip, by using the Service, you are establishing a direct customer relationship with Simpel Drip to use the Service, including the purchase of non-medical products or services sold directly to you by Simpel Drip via the Service. In connection with such relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy. Please refer to the “Privacy Policy” section and the “Protected Information” section below for additional information. Notice Regarding Your Financial Responsibility for Services Simpel Drip provides the management services to and collects fees for medical services provided by the Medical Corporation and its Providers on behalf of the Medical Corporation. NO INSURANCE, NO MEDICARE, NO MEDICAID, NO SUPERBILLS. Simpel Drip and the Medical Corporation are not enrolled with, and are not participating providers with, any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any health care services or supplies and, as such, neither you nor Simpel Drip or the Medical Corporation may receive payment from such programs for the services or products provided to you by Simpel Drip or the Medical Corporation. Further, to the extent that any Providers may be enrolled in federal or state healthcare programs, the means through which the services and products are provided or made accessible through the Service typically precludes such services and products from being covered benefits under these programs. By choosing to use the Service, you are specifically choosing to obtain products and services on a cash basis outside of any federal or state healthcare program. Thus, you are solely responsible for the costs of any service or product provided to you.

We do not provide diagnostic codes or superbills. By agreeing to use the Service, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services on a cash basis outside of any federal or state healthcare program and you have sole financial responsibility for all services or products provided to you by or through the Service, and (2) neither you nor Simpel Drip, the Medical Corporation or the Providers will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Service. Payment Due At Time of Scheduling and Time of Service. By booking an appointment for services through the Service, you agree to pay Simpel Drip the fee indicated for the booked service. Payments will be charged at the time of scheduling and time of service depending on the service you select. For example, for the required initial new patient consultation, you will be charged a non-refundable scheduling fee which will be used towards your new patient consultation. The new patient consultation is billed in increments of 15 minutes. For other services, payment in full may be due upon booking. Except as provided below under “Refunds and/or Credits,” the Services Fee is FINAL AND NON-REFUNDABLE. You are responsible for making sure that your payment information remains accurate and up-to-date. Cancellations. WE REQUIRE AT LEAST 24-HOUR ADVANCED NOTICE OF CANCELLATION. You will be charged the full amount of the booked service should you not provide at least 24-hour advanced notice of cancellation. If you book your service less than 24-hours in advance, you may not cancel. Group appointments (parties of two (2) or more) follow the same parameters as single appointments and will be charged for all people booked unless you provide 24-hour advanced notice of any cancellations. For example, if you book a service for six (6) people, but only four (4) are present for the service with no 24-hour advanced notice for the other two (2) patients, you will be charged for all six (6) services. MISSED APPOINTMENTS ARE NON-REFUNDABLE. If you call Simpel Drip and you reach our voicemail, leave your name and telephone number. We will call you back to confirm the message. IF YOU DO NOT GET A RETURN CALL, WE DID NOT GET YOUR MESSAGE. Refunds and/or Credits. If, at the time of your booked service, you are under the influence of drugs or alcohol, your medical professional will not perform the service and you will be charged the full amount and there will be NO REFUND. In the event that the medical professional is unable to perform the booked services due to circumstances outside of the patient’s control or for reasons other than the patient’s medical condition or health, you will receive a full refund or credit. In the event that the medical professional is unable to perform the booked services due to (1) your current or previous medical history, condition, or reason, or (2) due to circumstances outside of the medical professional’s control after the insertion of the I.V. needle, you will receive a credit or refund for the full amount of the services scheduled, less a medical examination fee of one hundred dollars (€91.83). Authorization to Charge. By using the Booking Services, you hereby agree Simpel Drip has the right and authorize Simpel Drip to automatically charge your credit card (or other payment method) for the applicable fees or charges, plus any applicable taxes. Misrepresentations. If, during the Booking Service process, you misrepresent yourself in any manner, including but not limited to, a misrepresentation of your age or medical history, Simpel Drip reserves the right to cancel your booked service without notice and charge you the full amount. Again, if, at the time of your booked service, you are under the influence of drugs or alcohol, Simpel Drip will not perform the service and you will be charged the full amount. Subscription Products and Services Certain products and services available for purchase through the Service may require that you purchase the product and/or service on an automatically renewing subscription basis. For subscription-based products and services, your payment device will be automatically charged at regular intervals as described for that product or service during the checkout process. You may cancel a subscription at any time up to forty-eight (48) hours before the applicable renewal processing date of your subscription through the Service. In order to simplify the user experience through the Service, you will only see and be required to pay a single “total” subscription price. Laboratory Products and Services Certain laboratory products and services available through the Platform, including at-home testing kits and services, require a valid prescription or order by a licensed healthcare provider. You will not be able to obtain such laboratory services unless you have completed a consultation with one of the Providers, the Provider has determined the laboratory product and/or service is appropriate for you, and the Provider has prescribed or ordered the laboratory product and/or service. If you receive laboratory products and/or services from a lab through the Platform, the applicable testing materials are shipped to you by the applicable lab, and the costs associated with the laboratory products and services are included in the total charged to you by the Service. Laboratory products and services available through the Platform are “Third-Party Goods and Services” as described in the Third-Party Goods and Services section of this Agreement. Limited Use and Availability Our Service is currently only available to individuals who are located in Long Island NY, are at least eighteen (18) years of age or older, and who have accepted this Agreement; provided, however, that individuals who are located in Long Island NY and are between the ages of 13 and 18 may use the Service if a parent or legal guardian provides consent to such use in accordance with the requirements set forth in this Agreement and the Service. By visiting, accessing, registering with, or using the Service, you are (a) representing and warranting to us that you are either (1) at least eighteen (18) years of age or older, or (2) at least thirteen (13) years of age and have obtained consent from your parent or legal guardian to use the Service, (b) if you are a parent or legal guardian providing consent for an individual minor who is under the age of eighteen (18), representing and warranting to us that you are the parent or legal guardian for such minor and have all legal power and authority to provide consent for the use of the Service by such minor, (c) representing and warranting to us that when you use the Service to consult with a Provider, you are located in California at the time that you conduct such consultation, (d) agreeing to comply with all applicable laws in visiting, accessing, registering with, or using the Service, and (e) agreeing that you will only use the Service for lawful purposes. Our Service is subject to California State regulations and may change from time to time due to changes in applicable regulatory requirements. In some cases, the Service may not be the most appropriate way for you to provide information to, communicate with, or seek medical care and treatment from a healthcare provider. For example, certain medical conditions may require an in-person procedure or a healthcare provider other than your Provider, or your Provider may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through the use of the Service. In such a case, you may receive notification that you will be unable to use the Service for the particular issue you submitted with additional information regarding next steps.

Consent to Use of Telehealth Services If Using That Service If you book a telehealth service, you are agreeing to the following: Telehealth involves the delivery of health care services using electronic communications, information technology, or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of healthcare services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The telehealth services are not a substitute for in-person care in all cases. In order to use the Service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you via the Service. You agree that Simpel Drip is a third-party beneficiary of the Patient Consent and has the right to enforce it against you. Duty to Provide Information, Access, and Connectivity You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described in the Service) to enable the use of the Service, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service. You also have a duty to provide truthful, accurate, and complete information in any forms or other communications you submit to or through the Service. We reserve the right to change the access configuration, including any software, hardware, or other requirements of the Service at any time without prior notice. Privacy Policy Simpel Drip understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we may collect, use, and disclose your personal information. HIPAA and Protected Health Information When you set up an account with Simpel Drip, you are creating a direct customer relationship with Simpel Drip that enables you to access and/or utilize the various functions of the Service as a user. As part of that relationship, you provide information to Simpel Drip, including but not limited to your name, email address, billing address, and phone number, that we may collect, use, and disclose in accordance with our Privacy Policy, and that we do not consider to be “health” or “medical” information. However, in using certain components of the Service, you may also provide certain medical information that may be protected under applicable laws. Simpel Drip is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). The Medical Corporation may be a “covered entity” or “business associate” under HIPAA, and Simpel Drip may be a “business associate” of the Medical Corporation. It is important to remember that, while state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with Simpel Drip, the Medical Corporation, or the Providers. To the extent Simpel Drip is deemed a “business associate,” however, and solely in its role as a business associate, Simpel Drip may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the Medical Corporation (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA. The Medical Corporation and Providers have adopted a HIPAA NOTICE OF PRIVACY PRACTICES that describes how they use and disclose Protected Information. By accessing or using any part of the Service, you are acknowledging receipt of the Notice of Privacy Practices from the Medical Corporation and Providers. By using the Service, you are agreeing that even if HIPAA does apply to Simpel Drip, the Medical Corporation, or the Providers, any information that you submit to Simpel Drip that is not intended and used solely for the provision of diagnosis and treatment by the Medical Corporation and Providers Use and Ownership of the Service The Service and the information and Content available through the Service are protected by copyright laws throughout the world. Subject to this Agreement, Simpel Drip grants you a limited, non-transferable, revocable license to access and use the Service for your personal use. Unless otherwise specified by Simpel Drip in a separate license, your right to use any of the Service or the Content is subject to this Agreement, and all rights in the Service and Content are reserved by Simpel Drip. You agree that Simpel Drip and its suppliers own all rights, title, and interest in the Service (including but not limited to, any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). This means that when you access the Site or any contents on or available through the Site, you agree that you will only use them for your individual, personal, and noncommercial purposes, and you will NOT copy, duplicate, share, republish, reproduce, display, distribute, modify, sell, resell, or otherwise use any material from or portion of this Website for any commercial purposes or any other purpose without express written permission from Simpel Drip. Any reproduction or unauthorized use of any materials found on this Website shall constitute infringement and theft and could result in criminal or civil penalties. You agree and understand that you do NOT acquire any ownership rights in the Site content by your use of the Site or its content, and we do not grant you any licenses, express or implied, to the intellectual property of Simpel Drip or our licensors, as applicable, unless expressly authorized. Furthermore, you agree you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service, such as the copyright notice © or trademark notice such as TM or ®. Simpel Drip’s stylized name and other related graphics, logos, trademarks, service marks, trade names, and taglines used on or in connection with the Service are the trademarks of Simpel Drop and may not be used without permission, including in connection with any third-party products or services. Simpel Drop®, The SD Academy®, and The SD Bar® are registered trademarks of Simpel Drop. Other trademarks, service marks, and trade names that may appear on or in the Service are the property of their respective owners. Any use, including framing, meta tags, or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without Simpel Drip’s express written consent. License to Information Submitted via the Service Subject to any limitations on Protected Information described below, any information you transmit to Simpel Drip via the Service, whether by direct entry, submission, email, or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary. Subject to any applicable account settings that you select, you grant Simpel Drop a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Submissions (in whole or in part) for the purposes of operating and providing the Service to you and to our other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Submissions has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You agree that you, not Simpel Drop, are responsible for all of Submissions that you provide to the Service. In addition to the foregoing, Simpel Drop shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that Simpel Drop deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission. If a Submission you make contains Protected Information, Simpel Drop’s rights under this section with respect to the use or disclosure of such Protected Information will be limited as and to the extent required under applicable law. Prohibited Use You are prohibited from using or attempting to use the Service (i) for any unlawful, unauthorized, fraudulent, or malicious purpose, (ii) in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) in any manner that could interfere with any other party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or any other means, (v) to access systems, data, or information not intended by Simpel Drop to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by Simpel Drop, (vii) to reverse engineer, disassemble, or decompile any section or technology on the Service, or (viii) for any use other than the business purpose for which it was intended. In addition, in connection with your use of the Service, you agree you will not: (a) upload or transmit any message, information, data, text, software, or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Simpel Drip representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display, or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware, or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices, or proprietary designations or labels that you upload to any communication feature; (f) use the Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national, or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Service by using framing, mirroring, or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe any party for any services or any contests, promotions, or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy, download, distribute, or reproduce any content or information on the Service; or (p) assist or permit any person in engaging in any of these activities. Simpel Drop reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User’s access and/or account. Simpel Drop may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be provided in the Privacy Policy or prohibited by applicable law, Simpel Drop reserves the right at all times to disclose any information as Simpel Drop deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Simpel Drip’s sole discretion.

Right to Monitor Simpel Drop reserves the right to monitor general use of the Service at any time as it deems appropriate and to remove any materials that, in Simpel Drop’s sole discretion, may be illegal, may subject Simpel Drop to liability, may violate this Agreement, or are, in the sole discretion of Simpel Drop, inconsistent with Simpel Drop’s purpose for the Service.

Indemnification You agree to defend, indemnify, and hold Simpel Drop Parties and any Third Parties offering products or services through the Service, including the Medical Corporation, and the Providers, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

Notices Any notices to you from Simpel Drop regarding the Service or this Agreement may be made by email, a posted notice on the Service, or regular mail, in the sole discretion of Simpel Drop.

Electronic Communications When you access or use the Service or send emails or SMS messages to us, any Medical Corporation or its Providers, you are communicating with us, the Medical Corporation and its Providers electronically. You consent to receive communications from us, the Medical Corporation and its Providers electronically. We will communicate with you via email, SMS messaging or through the Service. 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 further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement.

Copyright It is Simpel Drop’s policy to terminate use of the Service by any User who repeatedly infringes copyright upon prompt notification to Simpel Drop by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Service of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Simpel Drop’s Copyright Agent for notice of claims of copyright infringement is as follows: simpledrip@gmail.com.

Entire Agreement This Agreement and any other agreements Simpel Drop may post on the Service or that you and Simpel Drop may execute from to time constitute the entire agreement between Simpel Drop and you in connection with your use of the Service and supersede any prior agreements between Simpel Drop and you regarding use of the Service, including prior versions of this Agreement.

Binding Arbitration YOU AND WE EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND US OR ANY OF THE Simpel Drop PARTIES, THE MEDICAL CORPORATION OR PROVIDERS, ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE Simpel Drop PARTIES, THE PLATFORM, THE CONTENT OR THE SERVICE, OR ANY OTHER GOODS, SERVICES OR ADVERTISING BY Simpel Drop OR ANY OF THE Simpel Drop PARTIES, THE MEDICAL CORPORATION, OR PROVIDERS, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.

Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case the applicable Simpel Drop Party will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Simpel Drop also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses. Notwithstanding the foregoing sentence, the Simpel Drop Parties will not seek to recover attorneys’ fees or costs incurred in arbitration from you if you are a consumer.

The arbitration shall be conducted in Long Island NY. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.

Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; and/or (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; then you and the applicable Simpel Drop Party agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in Long Island NY, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.

Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your User account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be mailed to Simpel Drop, [Address] ATTN: Dispute Notice. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration.

Governing Law; Venue; Severability of Provisions This Service is controlled and operated by Simpel Drop from our offices within California. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.

The validity, interpretation, construction and performance of this Agreement will be governed by the Federal Arbitration Act and the laws of the State of Long Island NY, without regard to any conflicts of law provisions.

All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

Assignment You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Simpel Drop may, in its sole discretion, assign or transfer, without further consent or notification, this Agreement or any or all of the contractual rights and obligations pursuant to this Agreement, in whole or in part, to any affiliate of Simpel Drop or to a third party in the event that some or all of the business of Simpel Drop is transferred to such other third party by way of merger, sale of its assets or otherwise.

Third Party Beneficiaries Any use of third-party software provided in connection with the Service, or any third-party Goods and Services accessed or used in connection with the Service, will be governed by the applicable third-party’s license or terms of use, if any, and if there is no such license or terms of use, by this Agreement. In addition to this Agreement, your use of the Service must comply with all applicable third-party terms of agreement, if any.

Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of Simpel Drop, the Medical Corporation, and the Providers and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, and, except as specifically set forth in this Agreement, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.

Contacting Us If you have any questions or concerns about this Agreement, please contact us by email at simpledrip@gmail.com. We will attempt to respond to your questions or concerns promptly after we receive them.