Effective Date: February 27, 2025

Last Updated Date: May 16, 2025

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TERMS OF SERVICE

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Welcome to Atheal (“Atheal” or “Company” or “We” or “Us” or “Our”), where we strive to provide a comprehensive and personalized approach designed to enhance Your overall health and wellbeing, while maximizing Your vitality and quality of life through a digital health platform focused on preventive care, wellness optimization, and providing general healthcare services.

By accessing or utilizing the Services on Our application (“Platform”) you ("Customer," "You," or "Your") hereby consent to be bound by these Terms of Service (“Terms”), and the Privacy Policy.

It is advisable to conduct a periodic review of these Terms, as they are subject to updates at various intervals. In the occurrence of significant modifications, We shall undertake reasonable measures to inform You through the email address maintained in Our records.

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1. SCOPE OF SERVICES
   1.1. Overview of Services. Through Atheal, You shall obtain access to a comprehensive set of Services designed and customised to enhance Your health and overall wellbeing. The Services provided include access to licensed healthcare professionals, care coordinators, laboratory testing, as well as a comprehensive personal health report and wellness plan (collectively referred to as “Services”).
   1.2. Health assessment. You agree that the Services include the completion of comprehensive blood tests through Our accredited third-party partner laboratories (“Partner Laboratories”). Based on Your laboratory results and relevant biomarkers, the Platform generates a structured health report.
   1.3. Physician review. Following the health assessment, Our Saudi Commission for Health Specialties (“SCFHS”) licensed physician (“Physician”) reviews and interprets the laboratory results and health report to prepare a personalised wellness plan (“Personalised Plan”). The Personalised Plan includes a detailed health assessment; follow-up actions; customised lifestyle changes; dietary adjustments; and supplementation guidance to support Your health and wellness goals. Atheal does not manufacture, sell or distribute any supplements and medications or related products that may be recommended as part of the Services.
   1.4. Utilization of artificial intelligence. You hereby acknowledge that Atheal may utilise internally developed artificial intelligence tools (“AI Tools”) as ancillary resources for analysis of data and preliminary insights. These AI Tools are employed exclusively as support mechanisms, and they do not serve as a replacement for the professional judgment exercised by Physicians.
   1.5. Informational purpose of Services. All written advice, analyses, or recommendations rendered in the Personalised Plan as part of the Services, are intended exclusively for informational and guidance purposes. The aforementioned advice or recommendations are not intended to supplant or serve as a substitute for professional medical diagnosis or treatment.
2. ELIGIBILITY
   2.1. In order to access and utilize the Services offered by Atheal, it is imperative that You satisfy the following conditions:
   a. Individuals must be no less than 18 years of age.
   b. Register for an account.
   c. Acknowledge and accept these Terms.
   2.2. In the event that You possess a pre-existing medical condition that could potentially impact Your capacity to engage with the Services, it is highly advisable to consult with a qualified medical professional prior to utilizing the Services.
3. PAYMENTS, CANCELLATIONS AND REFUNDS
   3.1. Membership Fees. Access to the Services is subject to an annual, non-refundable membership fee (“Membership Fee”). The Membership Fee is inclusive of the Services, an initial set of blood tests; follow-up tests during the term of the membership. Any additional diagnostic tests beyond those included may be subject to additional costs.
   3.2. Non-Refundable. You acknowledge and agree that the Membership Fee is non-refundable under any circumstances, including cancellation or discontinuation of the Services at any time during the membership term of twelve (12) months. The Membership Fee is charged in consideration of comprehensive access to the Platform and related diagnostic services, whether or not all Services are fully utilized.
   3.3. Termination and Cancellation. Atheal retains the right to restrict, suspend, or terminate the Services in whole or in part, at its exclusive discretion for any reason. This includes, but is not limited to, any breach of these Terms, the Privacy Policy, or any other relevant policies or directives established by Atheal. This right does not preclude Atheal from seeking any additional remedies that may be available under the law. The Services may be terminated at any time, provided that the Cancellation Procedures specified herein are adhered to.
   3.4. Procedure for Cancellation. In order to terminate Your membership, it is necessary to submit a written notice to Your care coordination team via the Platform, or alternatively, send an email to support@atheal.com with the subject line “CANCELLATION NOTICE - Atheal SERVICES”. The notice shall include the complete name of the individual and the email address linked to the respective account.
4. LICENSE AND ACCEPTABLE USE
   4.1. In accordance with the provisions set forth herein, Atheal hereby confers upon You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to utilize the Services, which includes the Platform exclusively for Your personal use and not for any business, commercial, or unauthorized purposes.
   4.2. Atheal retains the authority to suspend or terminate Your access to the Services in the event of a breach of these Terms or for any other commercially justifiable reason.
   4.3. To protect and safeguard the integrity of Our platform and services, You hereby agree to utilize the Services offered by Atheal in accordance with all relevant laws, regulations, and the stipulations set forth in these Terms. You hereby consent to refrain from participating in any activities that are deemed prohibited, including but not limited to unauthorized sharing of accounts, interference with security mechanisms, misuse of the Platform's content, disruption of Services, or any actions that infringe upon intellectual property rights or violate privacy rights. Any improper use or breach of these Terms may lead to the suspension or termination of Your access to the Services.
5. PRIVACY
   Upon receipt of the Services, Atheal utilizes Your information in accordance with Our Privacy Policy in compliance with National Health Information Centre (NHIC) Healthcare Data Compliance.
6. ACCESS AND USE OF INTERNET
   6.1. While Atheal undertakes reasonable measures to facilitate the accessibility of the Services and Your account, You hereby acknowledge and consent that the Services and/or Your account may, at times, be rendered unavailable. The unavailability in question may arise from factors within Our control, including but not limited to routine maintenance, or from factors beyond Our control, such as technical failures or external events.
   6.2. The responsibility for procuring and maintaining the requisite equipment necessary for accessing the Services rests solely with You. The utilization of the internet includes inherent risks; therefore, Atheal hereby disclaims any liability for the security or availability of internet services. We shall not be held liable for any delays, failures, interruptions, or corruption of data or information that may occur during Your utilization of the Services.
7. DISCLAIMER OF WARRANTY
   7.1. The Services are rendered to You on an "as-is" and "as-available" basis. To the maximum extent allowed by relevant legal provisions, Atheal, along with its Physicians, hereby expressly disclaims all warranties of any nature, whether express or implied. This includes, but is not limited to, warranties pertaining to merchantability, suitability for a specific purpose, non-infringement, functionality, condition, or the accuracy of data.
   7.2. The organization does not endorse any third-party products or services and references to particular products or services within the Services, including those presented on the mobile application, shall not be construed as an endorsement or recommendation of such products or services by Atheal, unless explicitly stated to the contrary.
   7.3. The Services may include hyperlinks to websites that are operated by third parties. The links herein are presented exclusively for convenience and shall not be construed as an endorsement, sponsorship, or expression of opinion regarding the content or practices of the aforementioned websites by Atheal. We hereby formally disclaim any representations concerning the accuracy, content, or privacy practices associated with third-party websites. Engaging with such websites is undertaken at Your own risk, and Atheal shall not be held responsible or liable, either directly or indirectly, for any damage, loss, or liability that may arise or be alleged to arise from Your utilization of or reliance upon any content, products, or services accessible through such linked websites or resources.
8. GENERAL DISCLAIMERS
   8.1. Atheal holds a valid Commercial Registration: 1009145027. It is hereby expressly disclaimed that the Partner Laboratories are independent, third-party service providers and are not under Our control or supervision. We do not assume responsibility for the performance, accuracy, timeliness, or quality of their services. This includes, but is not limited to, any errors, omissions, delays, or non-compliance with applicable standards. Your use of a Partner Laboratory’s services is subject to their own terms and policies, and We disclaim any liability arising from their conduct or operations.
   8.2. The utilization of the Services, including the provision of personal medical history, shall not establish a physician-patient relationship between You and Atheal. In accordance with the provisions set forth in the Terms, the Platform of Atheal does not render medical advice.
   8.3. It is hereby expressly clarified that Atheal does not offer or provide any medical emergency services, urgent medical care or treatment in any circumstance. In the event of a medical emergency, You are strongly advised to visit the nearest hospital. The Platform shall not be liable for any failure to provide emergency or urgent care services.
   8.4. The AI Tool utilized by Atheal is solely intended to provide general informational assistance based on Your laboratory results. The AI Tool does not diagnose, predict, or treat any diseases, medical conditions, or health issues. It does not constitute clinical advice, medical decision-making, or treatment planning. You are strongly advised to consult qualified healthcare professionals for any diagnosis or medical treatment.
   8.5. All Physicians engaged through Our Platform are onboarded following verification of their valid licensure issued by the SCFHS or any equivalent recognized authority. Atheal expressly disclaims, to the maximum extent permitted by law, any and all liability for any actions, omissions, advice, communications by the Physician. Under no circumstances shall Atheal be responsible, liable, or otherwise accountable for the acts, errors, negligence, misconduct, malpractice, or failure to act by the Physician.
9. LIMITATION OF LIABILITY
   9.1. To the maximum extent allowed by relevant legal provisions, neither Atheal, its Physicians, Partner Laboratories nor any contractors engaged in providing Services to You, whether directly or indirectly, in relation to Atheal (“Contractors”), shall bear any responsibility for any special, punitive, consequential, incidental, or indirect damages, regardless of the manner in which such damages may arise, and under any legal theory, even if there has been prior notification regarding the potential for such damages. Neither Atheal, its Physicians, nor any other entity engaged in the creation, production, or delivery of the Services shall bear any liability for the accuracy, completeness, or utility of any information disseminated through the Services.
   9.2. Under no circumstances shall the total liability for direct damages incurred by Atheal, its Physicians, or its Contractors exceed the annual Membership Fee paid by You.
   9.3. Notwithstanding any provisions to the contrary contained herein, Atheal, and its Contractors shall bear no liability for any damages arising from actions or omissions by You or any third party. The restrictions delineated in this clause constitute essential components of these Terms, and the provision of the Services to You would not occur in the absence of such limitations.
10. INDEMNITY
    10.1. You agree to indemnify and hold harmless Atheal, its Physicians, Contractors, owners, affiliates, officers, directors, managers, and employees from and against any claims, actions, demands, liabilities, losses, damages, settlements, and expenses, including, without limitation, reasonable legal and accounting fees, arising directly or indirectly out of or related to violation of these Terms; activities in connection with the use of the Services. You further agree to cooperate, as reasonably required, in the defence of any such claim.
    10.2. Atheal reserves the right to assume the exclusive defence and control of any matter subject to indemnification under this provision, and You agree not to settle any such matter without the prior written consent of Atheal.
11. GOVERNING LAW AND JURISDICTION
    The provisions set forth herein shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia. All claims that are not subject to arbitration shall fall under the jurisdiction of the courts of the Kingdom of Saudi Arabia.
12. DISPUTE RESOLUTION
    KINDLY READ THIS SECTION CAREFULLY, AS IT REFLECTS SIGNIFICANT IMPLICATIONS FOR YOUR LEGAL RIGHTS, INCLUDING YOUR CAPACITY TO INITIATE LEGAL PROCEEDINGS IN A COURT OF LAW.
    12.1. In the event that a dispute arises between You and Atheal, We shall endeavour to resolve the matter amicably and to the mutual satisfaction of both parties involved. Should You have any concerns regarding the Services, you hereby agree to initially reach out to Us using the contact information provided below, thereby affording Us the opportunity to address and resolve the matter at hand.
    12.2. The arbitration proceedings shall take place within the jurisdiction of the Kingdom of Saudi Arabia, adhering to the regulations set forth by the Saudi Centre for Commercial Arbitration (SCCA) or any other mutually accepted arbitration institution as agreed upon by the parties involved. The arbitrator shall possess sole authority to adjudicate all disputes and is empowered to grant any relief that would be accessible in a court of law pursuant to Saudi legal principles or equitable doctrines. The determination rendered by the arbitrator shall be conclusive and obligatory for both parties and may be executed in any jurisdictionally appropriate court within the Kingdom of Saudi Arabia.
    12.3. It is hereby acknowledged that any disputes arising between You and Atheal shall be resolved on an individual basis. It is hereby stated that no individual shall be permitted to initiate any claim as a plaintiff or as a member of a class in a class action, consolidated action, or representative action. In the event that any court or arbitrator in Saudi Arabia concludes that the aforementioned waiver of class action is unenforceable or invalid, Atheal reserves the right to refrain from pursuing arbitration.
    12.4. The provisions set forth in this Dispute Resolution clause shall remain in effect subsequent to the termination of Your account or the Services provided herein.
13. FORCE MAJEURE
    Atheal shall be exempted from fulfilling its obligations under these Terms of Service to the extent that its performance is hindered or postponed, in whole or in part, due to an event or series of events that are caused by or arise from meteorological phenomena; natural calamities; or other unforeseen events of a divine nature; acts of warfare, terrorism, insurrection, civil disturbances, or rebellion; quarantines, epidemics, pandemics, or trade restrictions; labour strikes or industrial conflicts; inaccuracies, interruptions, or malfunctions in significant computer hardware, networks, or software systems; or any other circumstances beyond the reasonable control of Atheal or its Contractors.
14. ENTIRE AGREEMENT
    In the absence of a separate agreement with Atheal, such as a specific consent or service agreement, these Terms, along with all referenced and incorporated documents, shall be deemed to constitute the complete and exclusive agreement between You and Atheal. These Terms constitute the complete and exclusive agreement between the parties involved, superseding all prior negotiations, understandings, and agreements, whether written or oral, relating to the subject matter herein.
15. CONTACT
    Please reach out to Us for any inquiries or assistance You may require. For inquiries pertaining to these Terms, kindly contact Us at the following address, email address, or telephone number.
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Address: Alarid, Riyadh, Saudi Arabia 13338
Email Address: support@atheal.com
Phone Number: +966 53 674 7161

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