Membership Agreement

This Membership Agreement (this "Agreement") is incorporated by reference into, and forms part of, Superpower's Terms of Service. It is entered into between you ("Member," "you") and Superpower Health, Inc. ("Superpower," "we," "us") and is effective from the date of your first Membership payment (the "Start Date"). By entering into this Agreement, you acknowledge that you have read, understood, and agree to be bound by our Terms of Service (which include this Agreement) and our Privacy Policy.

Contents

1. Definitions
2. Membership and Services
3. Membership Fees
4. Automatic Renewal
5. Payment
6. Insurance and Reimbursement
7. Laboratory Testing, Imaging, and Results
8. Appointments, Rescheduling, and Missed Appointment Fees
9. Superpower Marketplace
10. Prescriptions
11. Cancellation and Refunds
12. Termination by Superpower
13. Communications Consent
14. General

1. Definitions

Capitalized terms used but not defined in this Agreement have the meanings given to them in the Terms of Service. In this Agreement:

1. "Data Vault" means the Superpower data vault in which your health data, results, and prior plans are stored and displayed.
2. "Healthcare Provider" means a licensed clinician affiliated with a Medical Group who provides professional services to you.
3. "Marketplace" means the Superpower Marketplace.
4. "Medical Group" means an independent professional entity that employs or contracts with Healthcare Providers, and that is not owned or controlled by Superpower.
5. "Pharmacy" means a licensed pharmacy that fills prescriptions ordered through the Platform.
6. "Platform" means Superpower's websites, mobile applications, and the related services made available through them.
7. "Third Party Providers" means Superpower's third-party partners, including phlebotomists, laboratories, pharmacies, imaging centers, and Medical Groups.

2. Membership and Services

1. Superpower Services. Your membership is an automatic, recurring annual membership to Superpower's wellness platform (the "Membership"). As part of the Membership, we offer access to third-party laboratory testing, imaging services, pharmacy, and other health and wellness services as more fully described on the Platform, together with access to Superpower Concierge, the Marketplace, and the Data Vault. You can find details of your Membership options in your User Account on the Platform.
2. Not a Healthcare Provider. SUPERPOWER IS NOT A HEALTHCARE PROVIDER AND DOES NOT PROVIDE MEDICAL ADVICE OR PROFESSIONAL HEALTHCARE SERVICES. All medical and professional services are provided solely by Third Party Providers, who retain complete responsibility for the quality, appropriateness, and professional standards of their services. THIRD PARTY PROVIDERS DO NOT PROVIDE URGENT CARE OR EMERGENCY CARE. IF YOU ARE HAVING AN URGENT MEDICAL ISSUE, GO TO YOUR NEAREST URGENT CARE OR EMERGENCY ROOM, OR CALL 911.
3. Third Party Providers. Through your Membership you may access healthcare and wellness services provided by Third Party Providers. In some instances, Third Party Providers may bill your insurance directly for their services, and Superpower's role is limited to facilitating payment collection. Superpower coordinates these services to enhance your member experience but does not control the operations of Third Party Providers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPERPOWER EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SERVICES OF THIRD PARTY PROVIDERS AND SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, OR LOSSES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, ARISING FROM OR RELATING TO THOSE SERVICES.
4. Membership Term. This Agreement commences on the Start Date and continues for one (1) year (the "Initial Term"). The Initial Term is non-cancelable except as expressly provided in Section 11 (Cancellation and Refunds) or Section 12 (Termination by Superpower). At the end of the Initial Term, this Agreement will automatically renew on the same terms for successive one (1) year periods (each, a "Renewal Term"), unless cancelled or terminated under Section 11 or Section 12. The Initial Term and each Renewal Term are referred to collectively as the "Term." Your payment method on file will be charged automatically for each Renewal Term, as authorized in Section 4(c).
5. Membership Add-Ons. Additional features, products, services, and customized options may become available in addition to your Membership from time to time. Certain products and services may be purchased on a one-time basis or on a subscription basis ("Subscription Services"). Subscription Services are billed as described in Section 5(c). If you have questions about the options available under your Membership, visit www.superpower.com or email concierge@superpower.com.

3. Membership Fees

1. Recurring Charges. THE MEMBERSHIP CONSISTS OF AN INITIAL CHARGE FOLLOWED BY RECURRING ANNUAL CHARGES (THE "MEMBERSHIP FEES"). BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR MEMBERSHIP HAS AN INITIAL AND A RECURRING PAYMENT FEATURE, AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES INCURRED BEFORE CANCELLATION. YOU MAY CANCEL YOUR MEMBERSHIP AT ANY TIME, INCLUDING DURING THE INITIAL TERM, AS DESCRIBED IN SECTION 11(b). WE DO NOT CHARGE A CANCELLATION FEE; HOWEVER, APPOINTMENT AND RESCHEDULING FEES UNDER SECTION 8 AND ANY OTHER AMOUNTS ALREADY INCURRED REMAIN PAYABLE. YOU MAY REQUEST TO REJOIN SUPERPOWER AT ANY TIME AFTER CANCELLING, BUT WE RESERVE THE RIGHT TO REFUSE TO RESTART A MEMBERSHIP THAT WE PREVIOUSLY TERMINATED UNDER SECTION 12(a).
2. Understanding Your Fees. By accepting this Agreement, you agree to pay the Membership Fees. Your health insurance or other payment plan may not cover the Membership Fees, and we do not assess whether you can obtain coverage or reimbursement for them from an insurer or other payer.
3. Base Membership Fee. For purposes of this Agreement, "Base Membership Fee" means the recurring Membership Fee for your Membership and excludes: (i) amounts paid for Marketplace purchases, add-on or repeat laboratory panels, imaging, functional testing, prescriptions, or other third-party goods or services; (ii) rescheduling, missed-appointment, and at-home draw fees charged under Section 8; and (iii) taxes and any shipping and handling charges.
4. Refunds. Membership Fees and other amounts paid are refundable only as expressly provided in Section 11 (Cancellation and Refunds) or as required by applicable law.
5. Pricing Adjustments. We may adjust the Membership Fees from time to time. Any change will take effect only from the start of your next Renewal Term. If you do not wish to accept the change, you may cancel your Membership under Section 11(b) before that Renewal Term begins. All prices shown on the Platform are in U.S. dollars and exclude applicable taxes and other fees and charges, which are additional. Prices, taxes, and other fees may vary geographically.
6. Interest on Overdue Amounts. We may charge interest on any Membership Fee or other amount not paid when due, at the lesser of 1.5% per month or the maximum rate permitted by applicable law, from the due date until paid. Section 5(b) describes the other consequences of non-payment, and Section 12(a) describes our right to terminate for non-payment.

4. Automatic Renewal

1. Automatic Renewal. YOUR MEMBERSHIP WILL CONTINUE UNTIL IT IS CANCELLED OR TERMINATED. FOLLOWING YOUR INITIAL TERM, AND AGAIN AFTER EACH RENEWAL TERM, YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW ON THE FIRST DAY FOLLOWING THE END OF THAT TERM FOR A SUCCESSIVE PERIOD OF THE SAME LENGTH, AT THE THEN-CURRENT, NON-PROMOTIONAL MEMBERSHIP RATE. TO AVOID BEING CHARGED FOR THE NEXT RENEWAL TERM, YOU MUST CANCEL BEFORE YOUR RENEWAL DATE (THE ANNIVERSARY OF YOUR START DATE). SECTION 11(b) EXPLAINS HOW TO CANCEL.
2. Renewal Reminder. At least once each year, and in any event as and when required by applicable law, we will send a reminder to the email address associated with your account identifying your Membership, the frequency and amount of the recurring charges, and how to cancel.
3. Renewal Payment Authorization. BY ENROLLING IN THE MEMBERSHIP, YOU AUTHORIZE SUPERPOWER TO CHARGE YOUR PAYMENT PROVIDER NOW AND AGAIN AT THE BEGINNING OF EACH RENEWAL TERM. If we do not receive payment from your payment provider on renewal, Section 5(b) applies. If a missed renewal payment is later received, your Membership will be reactivated and, for purposes of automatic renewal, your new Term will begin on the date the missed payment was originally due.

5. Payment

1. Payment Information and Authorizations. You agree to pay your Membership Fees and all fees for additional Services or products purchased through your User Account, in accordance with the prices and billing terms in effect when the order is made, together with all applicable taxes. To place an order you must provide valid payment information (for example, a credit or debit card) through the Platform, and you agree to update your User Account promptly if your payment information changes. We may change our billing methods at any time. By providing payment information and placing an order through your User Account, you authorize:
   1. the payment method(s) you provide to be charged immediately for all fees and taxes applicable to your Membership and to any other purchase you make;
   2. SUPERPOWER TO SUBMIT PERIODIC CHARGES (FOR EXAMPLE, MONTHLY OR ANNUALLY) WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU GIVE US ADVANCE NOTICE THAT YOU WISH TO TERMINATE THIS AUTHORIZATION OR TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE COULD REASONABLY ACT ON IT;
   3. Superpower to charge alternative payment methods associated with your account if a primary payment method is declined or is no longer available;
   4. Superpower to use updated payment details supplied by your card provider for future charges, in order to help prevent an interruption in your Services; and
   5. Superpower to share payment information and instructions required to complete payment transactions with our payment processors and their third-party payment service providers (for example, for credit card transaction processing, merchant settlement, and related services) in accordance with the Privacy Policy.
2. Failed Payments, Suspension, and Collection. If a payment method cannot be verified, is invalid, or is otherwise not acceptable, or if a payment is unsuccessful, we may suspend your eligibility to receive Services, suspend your Membership, or cancel your Membership, and we may continue attempting to charge your payment method as it may be updated until payment is received. If a payment is unsuccessful and you neither update your payment method nor cancel, you remain responsible for any uncollected amounts and agree to pay all amounts due on your account on demand. We may collect any outstanding amounts due and may transfer collection of your outstanding balance to a third-party collection agency. Interest on overdue amounts is charged as described in Section 3(f).
3. Subscription Services Payments. For Subscription Services, your payment method on file will be charged automatically at the intervals described for that product or service during checkout. To simplify your experience on the Platform, you will see and pay a single "total" price for certain products and services. Where a Subscription Service requires a consultation with a Healthcare Provider or includes a prescription product filled through a Pharmacy, that total price includes the amount charged by the Pharmacy for the prescription drug, the amount charged by the Medical Group for the Healthcare Provider's services, and the amount we charge for access to and use of the Platform. We collect the amounts charged by Pharmacies and Medical Groups on their behalf and pass the applicable amounts through to them. Section 11(d)(iv) explains how to cancel Subscription Services.

6. Insurance and Reimbursement

1. No Insurance Billing. SUPERPOWER DOES NOT BILL INSURANCE. While some Services may be eligible for insurance reimbursement, we make no guarantee regarding insurance coverage and are not responsible for submitting claims or facilitating reimbursement. You are solely responsible for determining coverage eligibility and for submitting claims to your insurance plan (your "Plan").
2. Not an Insurer. Superpower is not an insurance company and is not promising or delivering unlimited care in exchange for Membership Fees or any other charges incurred through your use of the Platform. A Superpower Membership is not health insurance and is not a substitute for health insurance or other health plan coverage (such as an HMO). We strongly recommend that you maintain your health insurance policy or plan to cover your and your family's healthcare costs, including essential healthcare services that are not covered by your Membership.
3. Medicare and Private Insurance. If you are or become Medicare eligible, you agree that you will not submit to Medicare any claim for payment of Membership Fees (including fees for Membership Add-Ons), and that you will not ask Superpower to submit such a claim. You acknowledge that Medicare does not cover and will not pay for the Membership Fees.
4. HSA/FSA. You may be able to use your HSA or FSA for Membership Fees, or to purchase supplements or other health-related items in the Marketplace that a Healthcare Provider has recommended with a letter of medical necessity. There is no guarantee of reimbursement or coverage, and all claims are subject to the approval of your HSA/FSA provider. If your HSA/FSA reimbursement is declined and you have not yet completed your first laboratory sample collection, you may request a refund of the Base Membership Fee under Section 11(a). Where we issue a refund of an amount paid using an HSA or FSA payment method, we will return it to that same HSA or FSA account where reasonably practicable, and you are responsible for any resulting tax consequences.

7. Laboratory Testing, Imaging, and Results

1. Phlebotomy. Superpower does not provide phlebotomy services and will not perform your blood draws. We provide access to, and coordinate with, independently operated third parties unaffiliated with Superpower that send phlebotomists to your location to draw your blood. By using the Services and providing your desired location, you authorize us to request that these third parties draw your blood at that location. You understand that Superpower does not control the operations of these third parties and will not be liable for their acts or omissions.
2. Risks of Sample Collection. You understand that blood-based laboratory testing requires a blood sample, which may result in bruising, hematoma, infection, lightheadedness, bleeding, fainting, and discomfort. You agree to consult your medical provider before using the Services.
3. Laboratories. Superpower does not own or operate a laboratory. All laboratory testing will be performed by LabCorp, Quest Diagnostics, or another third-party laboratory, each of which is independently owned and unaffiliated with Superpower. You understand that the terms and conditions and privacy policy of the applicable laboratory apply to the services it performs, that Superpower does not control the operations of any laboratory, and that we will not be liable for the acts or omissions of any laboratory.
4. Accessing Results on the Platform. You will receive your laboratory results via the Platform. You are responsible for checking your results and completing any necessary follow-up with your primary care provider. You understand that viewing your laboratory results is irreversible, potentially life-altering, and may cause distress and anxiety, and you agree to discuss with your medical professional in advance whether it is appropriate for you to use the Services. You understand that by sharing your results with Healthcare Providers, that information may become part of your medical record and therefore accessible to other healthcare providers and insurers.
5. Requests for Lab Invoices. You may request an itemized price list from Superpower for your laboratory tests.
6. Data You Upload. Healthcare Providers are not notified when you upload data to the Data Vault. You should not assume that anything you upload to the Data Vault is being reviewed.

8. Appointments, Rescheduling, and Missed Appointment Fees

1. Sample Collection at a Partner Lab Facility. Sample collection appointments at a partner lab facility may be rescheduled up until the appointment time at no charge. To reschedule, send a message to your Superpower Concierge to find another time.
2. At-Home Sample Collection. At-home sample collection appointments may be rescheduled on the Platform up to twenty-four (24) hours before the scheduled appointment time at no charge. To reschedule within twenty-four (24) hours of the scheduled time, log in to the Platform or contact your Superpower Concierge via the Platform or SMS. At-home appointments that are missed, cancelled, or rescheduled within that twenty-four (24) hour window are non-refundable, and you will be charged the at-home draw fee disclosed to you at the time of booking, to your payment method on file.
3. Imaging Services and Functional Testing. Appointments for imaging services and functional testing may be rescheduled up to five (5) business days before the scheduled appointment at no additional charge. If you reschedule within five (5) business days of the appointment, or you miss the appointment, you may be charged the full fee for that service as disclosed to you at the time of booking. Contact your Superpower Concierge to ask about fees for a particular service.
4. How to Reschedule. To reschedule any appointment, send a message to your Superpower Concierge via the Platform or SMS to find another time.

9. Superpower Marketplace

1. Marketplace Products. As part of your Membership, you may access the Marketplace to purchase health-related products, whether recommended by a Healthcare Provider or selected by you independently. All products available on the Marketplace are offered by third-party sellers. Superpower does not manufacture, distribute, or warrant any such product, and expressly disclaims all responsibility and liability arising from your purchase or use of, or reliance on, any Marketplace product, including as to its quality, safety, efficacy, legality, or fitness for a particular purpose. Any issue, claim, or dispute regarding a Marketplace product must be addressed directly with the third-party seller.

10. Prescriptions

1. Prescription Required. Certain products available through the Platform require a valid prescription from a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with a Healthcare Provider through the Platform, the Healthcare Provider has determined that the prescription product is appropriate for you, and the Healthcare Provider has written a prescription.
2. Filling a Prescription. If a Healthcare Provider writes you a prescription, you may fill it through one of the Pharmacies using the Platform, or at any pharmacy of your choice as prompted during your use of the Services or by emailing concierge@superpower.com. Prescriptions fulfilled by the Pharmacies may not use child-resistant packaging, and prescription products may not be dispensed in child-resistant containers.
3. Your Responsibilities. If you ask a Healthcare Provider to send your prescription to your preferred pharmacy, you are responsible for picking up or arranging delivery of the medication. You acknowledge that some compounded prescriptions may not be available at your preferred pharmacy. You are responsible for providing the dispensing pharmacy with your health insurance information and for paying all charges due for the medication, including any co-pay, co-insurance, deductible, and associated fees.

11. Cancellation and Refunds

1. Satisfaction Refund. You may request a refund of the Base Membership Fee paid for your Initial Term as follows.
   1. Definitions. "Initial Panel" means the first laboratory blood panel included in your Membership. "Results Delivery Date" means the date on which the results of your Initial Panel are first made available to you in your Superpower account, whether or not you view them.
   2. Refund Window. You may request a refund at any time on or before the earlier of: (1) the seventh (7th) day after the Results Delivery Date; and (2) the forty-fifth (45th) day after your Start Date (the "Refund Window").
   3. How to Request. Email concierge@superpower.com from the email address associated with your account, or use the cancellation flow in your Superpower account. A request is timely if we receive it on or before the last day of the Refund Window.
   4. What We Refund. We will refund one hundred percent (100%) of the Base Membership Fee paid for your Initial Term to your original payment method within ten (10) business days after a timely request. Amounts excluded from the Base Membership Fee under Section 3(c) are not refundable under this Section 11(a). Refunds of amounts paid using an HSA or FSA payment method are handled as described in Section 6(d).
   5. Effect of a Refund. A refund under this Section 11(a) cancels your Membership effective on the date the refund is issued. Section 11(c) describes your access to your account and data after cancellation.
   6. Availability. The Satisfaction Refund is available once per Member and applies only to an Initial Term. It is not available during a Renewal Term, on re-enrollment following a prior refund, or in respect of a Membership obtained through an employer, community, gift, or other third-party channel, except as that channel's terms expressly provide.
   7. Abuse. We may decline a request under this Section 11(a) where we reasonably determine that the account has engaged in fraud or in abuse of this Section, including through multiple or duplicate enrollments.
2. Cancelling Your Membership. You may cancel your Membership at any time, including during the Initial Term, by using the cancellation flow in your Superpower account or by emailing concierge@superpower.com. Where you enrolled online, you may cancel online. Cancellation takes effect immediately when we receive your request, and you will not be charged for any Renewal Term beginning after that date. To avoid being charged for your next Renewal Term, you must cancel before your renewal date. Cancelling does not by itself entitle you to a refund; refunds are available only as set out in this Section 11.
3. Effect of Cancellation. After your Membership is cancelled:
   1. unless you request account deletion, you will retain read-only access to your account, your data and the visualization of your data, and your previous plans, in the Data Vault;
   2. you will no longer have access to Superpower Concierge, the Marketplace, or any clinical services; and
   3. you remain responsible for any amounts incurred before the cancellation took effect, including fees under Section 8.
4. Service-Specific Cancellations and Refunds. The following applies to purchases other than the Membership itself.
   1. Laboratory Testing Not Included in the Membership Fee. Cancellation must be requested within thirty (30) days of payment to be eligible for a refund. No refund will be issued after test samples have been collected, whether at a partner lab facility or at home with one of our phlebotomy partners. Any refund is limited to the price actually paid for the test and will be returned to the original payment method.
   2. Non-Refundable Tests. The following tests are non-refundable: the Intestinal Permeability Panel; the Environmental Toxins Panel; the PFAS Chemicals Panel; the Galleri Early Cancer Detection Test; Food and Environmental Allergy Testing; and any laboratory testing included in the cost of your Membership (which is instead covered by Section 11(a)).
   3. Imaging Services and Functional Testing. Cancellation must be requested within sixty (60) days of payment to be eligible for a refund, and must be received more than five (5) business days before your scheduled appointment. No refund will be issued if the service is cancelled within five (5) business days of the scheduled appointment. Any refund is limited to the price actually paid for the service and will be returned to the original payment method.
   4. Prescription Products and Treatments. Prescription products are not eligible for refunds.
   5. Subscription Services. You may cancel a Subscription Service at any time in the Platform, on the billing page under settings, or by emailing concierge@superpower.com. Cancellation takes effect immediately when we receive your request, and you will not be charged for any subscription period beginning after that date. Payments already made for the current and prior subscription periods are not refundable.
5. No Other Refunds. Except as expressly provided in this Section 11, in Section 12(b), or as required by applicable law, Membership Fees and all other amounts paid are non-refundable.
6. State Law. If the law of your state of residence provides a longer cancellation or refund period, or refund rights more favorable to you, than this Section 11, that law controls to the extent of the difference.
7. Questions. If you have any questions or concerns about this Section 11, please contact your Superpower Concierge via the Platform or SMS, or email concierge@superpower.com.

12. Termination by Superpower

1. Termination for Cause. We may terminate or suspend your Membership immediately upon written notice for: (i) failure to pay any fees when due; (ii) breach of this Agreement; (iii) violation of applicable law; (iv) misuse of the Platform or the Services; (v) behavior that is disruptive, abusive, or threatening to Superpower staff or Third Party Providers; or (vi) where we reasonably believe your continued use of the Services poses a risk to Superpower, other members, or Third Party Providers. If we terminate your Membership under this Section 12(a), you will not be entitled to any refund of Membership Fees or other fees paid.
2. Termination Without Cause. We may also terminate your Membership without cause on thirty (30) days' written notice to you. If we do, we will refund the unused pro-rata portion of the Base Membership Fee paid for your then-current Term.
3. Effect of Termination. On termination we may deactivate your account and bar further access to the Platform. Any deletion of your account, information, or files will be carried out in accordance with our Privacy Policy, applicable law, and any record-retention obligations that apply to us or to the relevant Third Party Providers. Section 11(c) describes your continuing access to the Data Vault.

13. Communications Consent

1. Contact Information You Provide. "Your Contact Information" means each telephone number (including each mobile number), email address, mailing address, and mobile device that you give us or that you later add to or update in your User Account. You represent that, for each telephone number you provide, you are the subscriber or the customary user of that number and are authorized to give the consents in this Section 13 for that number. You agree to notify us promptly, by updating your User Account or emailing concierge@superpower.com, if any telephone number or email address you have given us is no longer yours or is reassigned to another person.
2. Consent to Calls and Text Messages. PLEASE READ THIS SECTION 13(b) CAREFULLY. BY PROVIDING A TELEPHONE NUMBER TO SUPERPOWER AND AGREEING TO THIS AGREEMENT, YOU GIVE YOUR PRIOR EXPRESS WRITTEN CONSENT TO RECEIVE CALLS AND TEXT MESSAGES (INCLUDING SMS, MMS, AND RCS MESSAGES) AT EACH TELEPHONE NUMBER YOU PROVIDE, FROM SUPERPOWER, OUR AFFILIATES, THIRD PARTY PROVIDERS, AND VENDORS AND SERVICE PROVIDERS ACTING ON OUR BEHALF, INCLUDING CALLS AND MESSAGES MADE OR SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM, AN AUTOMATED SYSTEM FOR THE SELECTION OR DIALING OF TELEPHONE NUMBERS, A PREDICTIVE OR AUTOMATED DIALER, A PRERECORDED, ARTIFICIAL, OR ARTIFICIAL-INTELLIGENCE-GENERATED VOICE, AND AUTOMATED, PRERECORDED, OR TEMPLATED TEXT MESSAGES.
   1. Purposes covered. This consent applies to calls and messages for all purposes, including: your account, User Account security, and billing; scheduling, rescheduling, confirming, and reminding you of appointments, and coordinating sample collection; delivering, or telling you about the availability of, laboratory, imaging, and functional testing results and related clinical follow-up; prescriptions and pharmacy coordination; conversations with Superpower Concierge and your care team; Membership, renewal, pricing, and cancellation notices; surveys, research, and requests for feedback; service, safety, security, fraud-prevention, and legal notices; collection of amounts you owe us; and marketing, promotional, advertising, and telemarketing messages about Superpower, the Marketplace, and offerings we think may interest you.
   2. Not a condition of purchase. YOUR CONSENT TO RECEIVE MARKETING, PROMOTIONAL, ADVERTISING, OR TELEMARKETING CALLS AND TEXT MESSAGES IS NOT A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES FROM SUPERPOWER, AND YOU MAY DECLINE OR REVOKE IT AT ANY TIME UNDER SECTION 13(f) WITHOUT AFFECTING YOUR MEMBERSHIP.
   3. Signature. YOU AGREE THAT YOUR ACCEPTANCE OF THIS AGREEMENT CONSTITUTES YOUR SIGNED, WRITTEN AGREEMENT AND YOUR ELECTRONIC SIGNATURE AUTHORIZING THESE CALLS AND MESSAGES FOR PURPOSES OF THE TELEPHONE CONSUMER PROTECTION ACT AND ITS IMPLEMENTING REGULATIONS, AND FOR PURPOSES OF ANY COMPARABLE STATE LAW, INCLUDING THE FLORIDA TELEPHONE SOLICITATION ACT, THE OKLAHOMA TELEPHONE SOLICITATION ACT, THE MARYLAND TELEPHONE SOLICITATION ACT, AND ANY OTHER STATE TELEPHONE SOLICITATION, AUTOMATED DIALING, OR TELEMARKETING STATUTE THAT APPLIES TO YOU.
3. Consent to Email. You consent to receive email from Superpower, our affiliates, Third Party Providers, and vendors and service providers acting on our behalf, at each email address you provide, for all of the purposes listed in Section 13(b)(i). Transactional, clinical, billing, service, safety, security, and legal emails are sent as part of your Membership and are not subject to marketing opt-out; you may unsubscribe from commercial and promotional email at any time using the unsubscribe link in any such message or through your communication preferences.
4. Consent to In-App and Push Notifications. You consent to receive in-app messages and push notifications on any mobile device on which you install or use the Platform, for all of the purposes listed in Section 13(b)(i). You can control push notifications through your device settings and your communication preferences on the Platform. Turning off push notifications may mean you do not learn promptly that your results are available, and you remain responsible for checking your results as described in Section 7(d).
5. Recording and Monitoring. You consent to the recording, monitoring, and retention of calls and messages between you and Superpower, our Concierge, and our vendors and service providers, for quality assurance, training, service delivery, documentation, dispute resolution, and compliance purposes, in every jurisdiction, including jurisdictions that require the consent of all parties to a call. Where we are required to give you notice before recording, we will do so at the start of the call.
6. How to Opt Out. You may revoke your consent under this Section 13 at any time, in any reasonable manner.
   1. Text messages. Reply STOP, QUIT, END, CANCEL, UNSUBSCRIBE, REVOKE, or OPT OUT to any text message from us. Reply HELP for help.
   2. Calls. Tell the caller, follow any opt-out instruction given during the call, or email concierge@superpower.com.
   3. Any channel. Email concierge@superpower.com, message your Superpower Concierge, or use the communication preferences page in your Superpower account. Any other reasonable method of telling us you no longer wish to be contacted is also effective.
   4. How we handle it. We will honor a revocation request as soon as practicable and in no event later than ten (10) business days after we receive it. We may send you a single message confirming your opt-out.
   5. Scope of an opt-out. IF YOU OPT OUT WITHOUT SPECIFYING A CATEGORY, WE WILL TREAT YOUR REQUEST AS REVOKING YOUR CONSENT TO ALL AUTOMATED CALLS AND TEXT MESSAGES FROM US AT THAT NUMBER, INCLUDING APPOINTMENT REMINDERS AND NOTIFICATIONS THAT YOUR LABORATORY RESULTS ARE AVAILABLE. If you want to stop only marketing and promotional messages, tell us that, or set your preferences on the communication preferences page in your Superpower account. Opting out of calls and text messages does not by itself opt you out of email, in-app messages, or postal mail, which you can manage separately.
   6. What continues. After you opt out, we may still contact you by manually dialed call, by email, or by mail where permitted by law, and we may still send you communications we are required by law to send. You remain responsible for checking your results and account notices on the Platform.
7. Timing and Frequency of Solicitation Contacts. We will place solicitation calls and send solicitation text messages only between 8:00 a.m. and 8:00 p.m. in your local time zone, or within any narrower window required by the law of your state, and we will not make more than three (3) solicitation contacts in any twenty-four (24) hour period concerning the same subject. Message and data rates may apply, message frequency varies, and mobile carriers are not liable for delayed or undelivered messages.
8. Third Parties. We will not use Your Contact Information to deliver marketing or promotional messages on behalf of unaffiliated third parties without your separate express consent. Vendors and service providers who contact you under this Section 13 do so on our behalf and are bound by our instructions and our Privacy Policy.
9. Electronic Records and Signatures. You consent to receive this Agreement, notices, disclosures, and other records relating to your Membership in electronic form, and you agree that your electronic acceptance has the same legal effect as a handwritten signature. You may request a paper copy of any record, or withdraw your consent to electronic delivery, by emailing concierge@superpower.com; withdrawing that consent may require us to cancel your Membership if we cannot reasonably deliver the Services without electronic communication. To access electronic records you need a device with internet access, a current web browser or the Superpower application, and a valid email address.
10. Not for Emergencies. Calls, text messages, email, and in-app notifications are not monitored continuously and must not be used to report a medical emergency. If you are having an urgent medical issue, go to your nearest urgent care or emergency room, or call 911.

14. General

1. Relationship to the Terms of Service; Order of Precedence. This Agreement is part of, and is to be read together with, the Terms of Service. If there is a conflict between this Agreement and the Terms of Service with respect to Membership Fees, the Term, automatic renewal, cancellation, or refunds, this Agreement controls. Neither document supersedes the other, and a later-dated revision of one does not amend or terminate the other. In all other respects the Terms of Service control.
2. Changes to this Agreement. We may change this Agreement from time to time by posting an updated version on the Platform and updating the "Last Updated and Effective" date. Changes take effect on posting, except that changes to Membership Fees, the length of the Initial Term or any Renewal Term, automatic renewal terms, cancellation rights, or refund rights will not apply to your then-current Term. Those changes take effect only at the start of your next Renewal Term.
3. Notices. We may give you notice under this Agreement by email to the address associated with your account, by a notice posted on the Platform, or by mail. You may give us notice by emailing concierge@superpower.com.
4. Dispute Resolution. The binding arbitration and class action waiver provisions of the Terms of Service apply to any dispute, claim, or controversy arising out of or relating to this Agreement.
5. Survival. Sections 3(f) (Interest on Overdue Amounts), 5 (Payment), 11(e) (No Other Refunds), 12(c) (Effect of Termination), 13 (Communications Consent), and this Section 14, together with any provision that by its nature should survive, will survive the cancellation or termination of your Membership.

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