Terms and Conditions of Use
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EVOKE – REPORT PORTAL



TERMS OF USE



This Report Portal is operated by Evoke Neuroscience, Inc. ("Evoke"). Use of this Report Portal is subject tothe following Terms of Use. In the event of any conflicts between the terms of these Terms of Use and any separateagreement that you have with Evoke, the terms of that separate agreement shall prevail. Please read these Terms of Use carefully before using the Report Portal. If you do not accept these Terms of Use, then you may not use the Report Portal.

Authorized Use. You may only use this Report Portal if you have directly been provided with login credentials by Evokeor an authorized Evoke reseller (the "Customer") to access reports generated through use of the eVox System(the "System"), subject to these Terms of Use, all applicable laws, rules and regulations and any agreementsor terms with third parties to which Customer is subject. Customer may only access the Report Portal if Customer hasexecuted a Business Associate Agreement pursuant to the Health Insurance Portability and Accountability Act of 1996, asamended ("HIPAA") with Evoke or its authorized reseller. Login credentials may only be used by Customer andits employees who have a need to access reports for the benefit of its patients. Access may not otherwise be provided toany internal or external parties. Customer is responsible for the security of its password and will be solely liable forany use or unauthorized use under such account. Customer shall immediately notify Evoke in writing in the event itsuspects that there has been any unauthorized access to the Report Portal, the content on the Report Portal or its logincredentials. Customer may only access reports for its patients and shall not attempt to exceed its permitted access.

System Data; HIPAA Obligations. Customer acknowledges that the System is a biofeedback tool for relaxation proceduresthat has associated measuring capabilities against a normative database and that a patient's medical providershould make all decisions regarding any actions and treatments. Evoke assumes no liability for any patient diagnosis ortreatment decisions as a result of use of the System. Customer assumes sole responsibility for the use, and resultsobtained from use, of the System or represented in the reports. Customer is responsible for ensuring that it has allrights and permissions necessary to transmit the data captured by the System to Evoke for use in connection with thereports. Customer agrees that Evoke may use anonymous data generated through Customer's use of the System to add toEvoke's normative databases, to otherwise improve upon the operation and use of the System and to reportinformation on a de-identified basis which does not identify the patient or Customer. Such data may include medicalreadings and demographic data, but shall not include protected health information that has not been de-identified.Customer is responsible for ensuring that its use of the System complies with all applicable laws, rules, regulationsand best industry practices, including but not limited to HIPAA.

Disclaimer. THIS REPORT PORTAL AND ALL CONTENT THEREIN IS PROVIDED "AS IS" AND EVOKE EXPRESSLY DISCLAIMS ALLWARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, ORTRADE. EVOKE DOES NOT WARRANT THAT THE REPORT PORTAL WILL MEET ANY PARTY'S REQUIREMENTS OR THAT THE OPERATION OFTHE REPORT PORTAL WILL BE ERROR-FREE OR UNINTERRUPTED. EVOKE SHALL NOT BE LIABLE TO ANY PARTY FOR ANY INOPERABILITY OFTHE REPORT PORTAL OR ERRORS PRODUCED BY THE REPORT PORTAL.

Limitation of Liability. IN NO EVENT WILL EVOKE BE LIABLE TO CUSTOMER FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL ORCONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA, BUSINESS OR PROFITS OR COSTS OF COVER) ARISINGOUT OF OR IN CONNECTION WITH THIS REPORT PORTAL, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT,WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT EVOKE HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH LOSS OR DAMAGE.

Intellectual Property. Evoke or its licensors are the exclusive owners of all copy, software, graphics, designs and allcopyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with theReport Portal. Except for Customer's authorized use of reports, Customer agrees not to copy, distribute, modify ormake derivative works of any materials without the prior written consent of Evoke. All rights not granted under theseTerms of Use are reserved by Evoke.

Governing Law. The laws of the State of New York shall govern these Terms of Use. CUSTOMER HEREBY EXPRESSLY CONSENTS TOEXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING INCONNECTION WITH THESE TERMS OF USE OR CUSTOMER'S ACCESS OR USE OF THE REPORT PORTAL.

General. These Terms of Use may be changed by Evoke at any time by posting such changes here. If any part of these Termsof Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction,such provision shall be ineffective but shall not affect any other part of these Terms of Use. The failure by Evoke topartially or fully exercise any rights or the waiver of any breach of these Terms of Use, shall not prevent a subsequentexercise of such right by Evoke or be deemed a waiver by Evoke of any subsequent breach or any other term of these Termsof Use.

Contact. Should you have any questions, you may contact us at legal@evokeneuroscience.com.

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