FUNCTION HEALTH: Gifting Terms

Effective Date: November 20, 2024

In order to purchase prepaid access to Function's Services for use by a third-party who is expected to create and manage their own Function account (such a purchase, a "Gift"), you must agree to the terms and conditions listed below (the "Gift Terms").

These Gift Terms are in addition to, cumulative of, and not exclusive of the terms, conditions, and obligations set forth in Function's Terms of Service the ("ToS"), including without limitation Function's Privacy Policy. All capitalized terms not defined in these Gift Terms have the same meaning as set forth in the ToS. In the event of any conflict between these Gift Terms and the ToS, the Gift Terms shall control, provided that they are legally valid and binding.

"Function," "us," "our," and "we," refer to Function Health, Inc., a Delaware corporation. "You", "you," "your", and "yourself," refer to you, as an individual, plus any entity, individual, and/or organization on whose behalf you are acting in connection with our Services.

All Gift purchases are final. No refunds, returns, credits, discounts, or rebates.

You are responsible for providing the correct full name and contact information of the individual who will be receiving the Gift that you are purchasing (each such person, a "Recipient"). If you enter the wrong information, Function might send your Gift to a different person than you intended – so please make sure to double-check the Recipient's information.

Not all persons are eligible to use our Services. Before purchasing a Gift, you are responsible for making sure that the Recipient is eligible to use our Services. Among other requirements, your Recipient must be at least eighteen (18) years of age.

Our Services are not intended for use by all persons. Before purchasing a Gift, you are responsible for making sure that the Recipient is physically, mentally, and emotionally capable of using our Services.

Please Note: We do not facilitate access to laboratory testing services in New York, New Jersey, or Rhode Island. Please do not purchase a Gift for a Recipient residing in one of those states if your goal is to give the Recipient prepaid access to lab testing.

You agree that Function may collect, store, retain, transmit, and use all Recipient PII provided by you: (a) as though it were your own PII, provided by you in conjunction with our Services; and (b) pursuant to those Terms relating to your PII, including but not limited to relevant terms and conditions in our Privacy Policy.

In order to redeem your Gift and use Function's Services, the Recipient must fully accept and at all times abide by our ToS, including without limitation our Privacy Policy. All terms and conditions in our ToS, and each of them, are subject to change; your Recipient will be required to accept Function's then-current ToS (including our Privacy Policy) in order to redeem your Gift and use our Services.

Your Gift may only be used by the Recipient. Your Gift – including any access code enabling usage of your Gift – is not transferrable, and it has no resale value.

Function will not disclose the Recipient's Lab Results or any of the Recipient's other PII to you. Notwithstanding the foregoing, Function reserves the right to notify you that the Recipient has received and/or opened your Gift.