CONNEQT Health Consumer Product Terms of Sale, Limited Warranty, and Dispute Resolution Agreement

Effective Date: April 27, 2026

These CONNEQT Health Consumer Product Terms of Sale, Limited Warranty, and Dispute Resolution Agreement (“Terms”) are a binding agreement between CONNEQT, Inc., a Delaware corporation with its principal office in Naperville, Illinois (“CONNEQT,” “we,” “us,” or “our”), and the individual consumer purchaser, recipient, or user of any Covered Product (“you” or “your”).

These Terms apply by default to every consumer Covered Product sold, shipped, delivered, furnished, loaned, replaced, exchanged, or otherwise provided by or on behalf of CONNEQT, unless CONNEQT expressly provides a different written agreement for that specific Covered Product.

By purchasing, accepting delivery of, receiving, keeping, opening, activating, registering, or using any Covered Product, you agree to these Terms. If you do not agree, do not use the Covered Product.

1. Scope; Relationship to Other Terms

1.1 These Terms govern all consumer sales or provision of Covered Products by CONNEQT.

1.2 “Covered Products” means any consumer product sold or otherwise provided by or on behalf of CONNEQT, including any monitor, device, accessory, cuff, cable, charger, adapter, wearable, replacement part, bundled item, promotional item, loaner item, sample, firmware, embedded software, packaging, printed material, or related physical good.

1.3 CONNEQT may also provide apps, websites, accounts, portals, subscriptions, in-app purchases, support portals, or related software features governed by separate terms of use, privacy disclosures, subscription terms, or app-store terms.

1.4 If there is any conflict between these Terms and any separate CONNEQT app or website terms, these Terms control with respect to disputes relating to the purchase, shipment, delivery, condition, return, exchange, refund, warranty, physical performance, ownership, safety warnings, or use of a Covered Product. Separate app or website terms govern app-specific matters not relating to a Covered Product sale or warranty.

1.5 If you purchased through an authorized third-party seller, marketplace, or reseller, that seller may impose separate payment, shipping, or marketplace rules. CONNEQT does not accept any additional terms unless CONNEQT expressly agrees in writing.

2. Eligibility; Consumer Purchase

2.1 You represent that you are at least eighteen (18) years old and legally capable of entering into a binding contract.

2.2 Covered Products are sold or provided for personal, family, household, wellness, or other consumer use unless CONNEQT expressly states otherwise in writing.

2.3 A Covered Product may be intended for one individual user only, if so stated in product labeling, packaging, instructions, onboarding materials, or associated app disclosures.

3. Orders; Acceptance; Availability

3.1 All orders are subject to acceptance by CONNEQT.

3.2 CONNEQT may refuse, limit, delay, or cancel any order or product provision for any lawful reason, including product unavailability, suspected fraud, export restrictions, payment issues, pricing error, misuse concerns, geographic limitations, inventory controls, or compliance concerns.

3.3 Product descriptions, images, illustrations, examples, colors, accessories shown, estimated delivery dates, compatibility references, and marketing statements are informational only and may change without notice.

3.4 CONNEQT may discontinue, modify, substitute, or update any Covered Product, component, accessory, packaging, firmware, or bundled item at any time.

4. Pricing; Payment; Taxes

4.1 Prices are shown in U.S. dollars unless otherwise stated.

4.2 You agree to pay the purchase price, applicable taxes, shipping, handling, and any other charges disclosed at checkout or otherwise before order completion.

4.3 CONNEQT may use third-party payment processors and fraud-prevention providers and is not responsible for their independent acts or omissions.

4.4 CONNEQT may cancel or reverse orders affected by manifest pricing, typographical, technical, or system error.

5. . Shipping; Delivery; Title; Risk of Loss

5.1 Delivery dates are estimates only and are not guaranteed.

5.2 To the fullest extent permitted by law, title and risk of loss pass to you upon delivery of the Covered Product to the shipping address or recipient you provide.

5.3 You should inspect the Covered Product promptly after delivery and notify CONNEQT within ten (10) calendar days of any apparent shipping damage, shortage, or incorrect item.

6. Setup; Compatibility; Updates

6.1 Proper use of a Covered Product may require a compatible phone, operating system, charger, internet connection, Bluetooth, Wi-Fi, account, or software update.

6.2 CONNEQT may provide firmware, software, or configuration updates, and some Covered Product functionality may depend on timely installation of updates.

6.3 CONNEQT does not guarantee compatibility with all third-party phones, operating systems, accessories, routers, networks, or software.

7. Health; Safety; Use Limitations

7.1 COVERED PRODUCTS ARE NOT EMERGENCY EQUIPMENT. DO NOT USE ANY COVERED PRODUCT AS A SUBSTITUTE FOR 911, EMERGENCY RESPONSE, OR IMMEDIATE MEDICAL CARE.

7.2 UNLESS EXPRESSLY STATED IN OFFICIAL PRODUCT LABELING REQUIRED BY LAW, COVERED PRODUCTS ARE PROVIDED FOR GENERAL WELLNESS, INFORMATIONAL, PERSONAL, AND CONSUMER USE ONLY.

7.3 COVERED PRODUCTS DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT AND ARE NOT A SUBSTITUTE FOR THE ADVICE, JUDGMENT, OR CARE OF A LICENSED HEALTHCARE PROFESSIONAL.

7.4 You are solely responsible for how you interpret and act on any readings, notifications, scores, summaries, trends, prompts, alerts, reports, or outputs associated with any Covered Product or related app.

7.5 You must read and follow all setup instructions, safety materials, warnings, charging directions, cleaning directions, contraindications, age restrictions, and other guidance provided with the Covered Product.

7.6 Outputs and performance may be inaccurate, incomplete, delayed, interrupted, degraded, or unavailable due to user error, fit, movement, charging issues, battery condition, environmental conditions, connectivity limitations, software defects, third-party outages, misuse, unauthorized repair, maintenance, or causes outside CONNEQT’s control.

8. Assumption of Risk

8.1 By purchasing, receiving, or using a Covered Product, you knowingly and voluntarily assume all risks arising from or relating to:
(a) use or misuse of the Covered Product;
(b) interpretation or misinterpretation of outputs;
(c) failure to follow instructions, warnings, or limitations;
(d) use during exercise, driving, operation of machinery, sleep, or other situations in which distraction, delay, or misreading could contribute to harm;
(e) charging, storing, wearing, cleaning, transporting, or handling the Covered Product;
(f) use with incompatible devices, apps, chargers, cables, software, or accessories; and
(g) any decision to delay, forgo, or alter professional advice, medical consultation, diagnosis, treatment, or emergency care.

8.2 You agree that you use Covered Products at your own risk.

9. User Restrictions

9.1 You shall not:
(a) modify, tamper with, disassemble, reverse engineer, or attempt unauthorized repair of a Covered Product, except where non-waivable law prohibits that restriction;
(b) use a Covered Product for unlawful, misleading, abusive, or fraudulent purposes;
(c) use a Covered Product for clinical diagnosis, emergency monitoring, life-support purposes, or any use not expressly authorized by official labeling;
(d) remove warning labels, serial numbers, or proprietary notices; or
(e) resell a Covered Product as new without CONNEQT’s written permission.

10. Return Policy

10.1 Returns, exchanges, refunds, return eligibility, return exclusions, return procedures, return shipping requirements, processing fees, inspection standards, and all other return-related terms for Covered Products are governed exclusively by CONNEQT’s posted Return Policy in effect at the time of purchase or provision, except to the extent non-waivable law requires otherwise.

10.2 The Return Policy is incorporated into these Terms by reference solely for purposes of governing return-related rights and procedures for Covered Products.

10.3 You are responsible for reviewing and complying with the Return Policy and all instructions issued by CONNEQT in connection with any return, exchange, or refund request.

10.4 In the event of any conflict between these Terms and the Return Policy regarding return-related matters, the Return Policy controls with respect to those return-related matters, except to the extent prohibited by applicable law.

11. Limited Warranty Structure

11.1 A Covered Product may or may not be accompanied by a written limited warranty. If CONNEQT provides a written limited warranty for a Covered Product, that warranty applies only as expressly stated in the official warranty materials for that specific Covered Product.

11.2 If no written limited warranty is provided for a Covered Product, then, to the fullest extent permitted by applicable law, that Covered Product is provided “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” and Section 13 applies in full.

11.3 If a written limited warranty is provided for a Covered Product, then CONNEQT’s sole and exclusive obligation, and your sole and exclusive contractual remedy for a valid warranty claim under that written warranty, is for CONNEQT, at its option, to:
(a) repair the Covered Product;
(b) replace the Covered Product or defective component with a new, reconditioned, or refurbished equivalent; or
(c) refund the purchase price actually paid to CONNEQT for the affected Covered Product.

11.4 To make a warranty claim, you must follow the claim instructions provided by CONNEQT, provide reasonable proof of purchase, describe the issue, and return the Covered Product if requested.

11.5 Any repaired or replaced item may be functionally equivalent rather than identical.

12. Warranty Exclusions

12.1 Unless prohibited by law or expressly covered by a written warranty, CONNEQT has no warranty responsibility for:
(a) normal wear and tear, ordinary cosmetic damage, or expected aging;
(b) batteries or consumable parts, except where failure results from a covered defect in materials or workmanship under an applicable written warranty;
(c) damage caused by misuse, abuse, neglect, accident, liquid exposure, improper storage, improper charging, puncture, crushing, dropping, fire, smoke, heat, cold, or other external causes;
(d) unauthorized modification, tampering, or repair;
(e) use contrary to instructions, warnings, or intended purpose;
(f) use with incompatible devices, software, or accessories;
(g) connectivity issues, app issues, mobile-device issues, internet outages, cloud-service issues, or third-party service interruptions;
(h) dissatisfaction with subjective experience or expected wellness outcomes;
(i) products with removed or altered serial numbers; or
(j) products obtained from unauthorized sellers, if and to the extent permitted by law.

13. Disclaimer and Limitation of Warranties

13.1 IF NO WRITTEN LIMITED WARRANTY IS PROVIDED FOR A COVERED PRODUCT, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONNEQT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

13.2 IF A WRITTEN LIMITED WARRANTY IS PROVIDED FOR A COVERED PRODUCT, THEN EXCEPT FOR THAT EXPRESS WRITTEN LIMITED WARRANTY, CONNEQT DISCLAIMS ALL OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT IMPLIED WARRANTIES TO BE DISCLAIMED, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE SHORTEST PERIOD PERMITTED BY LAW AND, IF NO SHORTER PERIOD IS PERMITTED, TO THE DURATION OF THE EXPRESS WRITTEN LIMITED WARRANTY.

13.3 No oral or written information, advertisement, product description, demo, influencer statement, reseller statement, or customer support communication creates any warranty beyond an applicable express written limited warranty.

14. Exclusive Remedies

14.1 To the fullest extent permitted by law, the remedies expressly stated in an applicable written limited warranty are your sole and exclusive contractual remedies for breach of that written warranty.

14.2 Nothing in these Terms limits any non-waivable remedy that applicable law requires to remain available.

15. Limitation of Liability

15.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONNEQT AND ITS AFFILIATES, SUPPLIERS, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR USE, ARISING OUT OF OR RELATING TO ANY COVERED PRODUCT, THESE TERMS, OR ANY RELATED APP OR SERVICE, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF CONNEQT AND ITS RELATED PARTIES ARISING OUT OF OR RELATING TO A COVERED PRODUCT, THESE TERMS, OR ANY RELATED APP OR SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU ACTUALLY PAID TO CONNEQT FOR THE COVERED PRODUCT GIVING RISE TO THE CLAIM, OR (B) U.S. $100.

15.3 The limitations in this Section apply even if any limited remedy fails of its essential purpose.

15.4 NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING ANY NON-WAIVABLE LIABILITY FOR PERSONAL INJURY OR OTHER PRODUCT-LIABILITY CLAIMS TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE DISCLAIMED OR LIMITED.

16. Release

16.1 To the fullest extent permitted by law, you release CONNEQT and its related parties from claims arising out of:
(a) your misuse of a Covered Product;
(b) your failure to follow instructions, warnings, or limitations;
(c) your decisions regarding health, wellness, exercise, treatment, or emergency response;
(d) third-party devices, chargers, software, apps, platforms, accessories, or connectivity services; and
(e) unauthorized resale, modification, repair, or distribution of a Covered Product.

16.2 This release does not apply to claims that cannot lawfully be released in advance.

17. Indemnification

17.1 To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless CONNEQT and its related parties from third-party claims arising out of:
(a) your misuse of a Covered Product;
(b) your violation of these Terms or applicable law;
(c) your negligence, recklessness, or intentional misconduct;
(d) your use of a Covered Product with unauthorized or incompatible products or services; or
(e) your resale or transfer of a Covered Product in violation of these Terms.

17.2 This Section applies only to the extent permitted by applicable law.

18. Mandatory Pre-Dispute Notice and Informal Resolution

18.1 Before starting arbitration or filing any court action, you must send CONNEQT a written Notice of Dispute containing:
(a) your full name, address, email address, and phone number;
(b) the email associated with your CONNEQT account, if any;
(c) the product name, serial number if available, order number if available, and approximate purchase or receipt date;
(d) a description of the facts and legal claims;
(e) the specific relief requested; and
(f) copies of documents on which you rely.

18.2 The Notice of Dispute must be personally signed by you and sent to:

CONNEQT, Inc.
Attn: Legal Department
184 Shuman Blvd Ste 515
Naperville IL 60563-8472
USA
Email: hello@conneqthealth.com

18.3 You and CONNEQT agree to attempt in good faith to resolve the dispute informally for at least forty-five (45) days after CONNEQT receives a complete Notice of Dispute.

18.4 Completion of this process is a condition precedent to arbitration or suit, and a court, JAMS, or a process administrator may enforce this requirement, including by staying or dismissing a deficient filing.

19. Binding Individual Arbitration

19.1 PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

19.2 To the fullest extent permitted by law, except for the limited exceptions in Section 20, any dispute, claim, or controversy arising out of or relating to any Covered Product, these Terms, any order, shipment, return, refund, warranty claim, support interaction, related app or website, privacy disclosure, marketing statement, advertisement, or any related relationship between you and CONNEQT, whether based in contract, tort, statute, fraud, misrepresentation, negligence, strict liability, product liability, or any other theory, shall be resolved by final and binding arbitration on an individual basis.

19.3 This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16. Delaware law governs all other issues to the extent not preempted by the Federal Arbitration Act, except that non-waivable consumer rights under applicable law remain in effect.

19.4 Arbitration shall be administered by JAMS under its then-current Consumer Minimum Standards and, where applicable, its Mass Arbitration Procedures and Guidelines, as modified by these Terms.

19.5 If JAMS is unavailable or unwilling to administer a dispute consistent with these Terms, the parties shall confer in good faith regarding another nationally recognized administrator. If they cannot agree, a court of competent jurisdiction may appoint a substitute forum or arbitrator to enforce this Section to the maximum extent permitted by law.

19.6 Except where prohibited by law, the arbitrator shall decide issues concerning the interpretation, enforceability, applicability, scope, and formation of this arbitration agreement, except that where the JAMS Mass Arbitration Procedures apply, any JAMS Process Administrator shall have the authority granted under those procedures for threshold filing requirements, conditions precedent, batching, grouping, and related administrative matters.

19.7 If an in-person hearing is required, it shall take place in DuPage County, Illinois, unless JAMS, the arbitrator, or applicable law requires a different location or remote format so that consumer access is not unfairly impaired.

19.8 Arbitration fees and costs shall be allocated in accordance with JAMS’s applicable consumer standards and mandatory law. Nothing in these Terms requires you to pay more than JAMS permits to be charged to a consumer under a pre-dispute consumer arbitration clause.

20. Small Claims and Provisional Court Relief

20.1 Either party may bring an individual claim in small claims court if the claim qualifies and remains strictly individual.

20.2 Either party may seek temporary, preliminary, or emergency injunctive relief in court solely to protect intellectual property, confidential information, account security, or against unauthorized access, misuse, fraud, or abuse, without waiving arbitration of any other dispute.

20.3 Nothing in these Terms prevents either party from reporting issues to government agencies.

21. Class Action Waiver

21.1 YOU AND CONNEQT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

21.2 THE ARBITRATOR MAY NOT PRESIDE OVER ANY CLASS, COLLECTIVE, REPRESENTATIVE, PRIVATE-ATTORNEY-GENERAL, COORDINATED, OR CONSOLIDATED MERITS PROCEEDING AND MAY NOT CONSOLIDATE THE CLAIMS OF DIFFERENT PERSONS EXCEPT TO THE LIMITED EXTENT EXPRESSLY PERMITTED UNDER SECTION 22 FOR ADMINISTRATIVE PURPOSES ONLY.

21.3 To the fullest extent permitted by law, you and CONNEQT waive any right to a jury trial for any claim permitted to proceed in court.

22. Mass Arbitration Protocol

22.1 This Section applies if seventy-five (75) or more similar arbitration demands are filed against CONNEQT or related parties, arising out of the same or similar facts or legal issues, by claimants represented by the same law firm or coordinated law firms, or such other number as JAMS requires under its then-current rules if that number cannot lawfully be displaced by agreement.

22.2 The parties expressly agree that the JAMS Mass Arbitration Procedures and Guidelines apply to all such filings.

22.3 Each claimant must personally sign a separate arbitration demand and a separate certification under penalty of perjury confirming that:
(a) the claimant is a real person;
(b) the claimant reviewed the demand;
(c) the claimant authorized the filing;
(d) the factual allegations are true to the best of the claimant’s knowledge; and
(e) the claimant intends to pursue the claim individually.

22.4 Each demand must include claimant-specific facts, the Covered Product or service at issue, the approximate purchase or receipt date, the alleged injury or loss, and the specific relief sought. Demands that do not comply may be rejected, stayed, or dismissed without prejudice to the fullest extent permitted by law and administrator rules.

22.5 Before any merits proceedings begin, a JAMS Process Administrator may determine whether the contractual pre-suit notice process was completed, whether each claim is sufficiently individualized, whether claims should be included in a mass filing, whether claims should be grouped or batched, and what procedures should govern efficient administration.

22.6 If the matter qualifies as a mass arbitration, the claims shall proceed in staged batches. The parties shall first select up to ten (10) claimant cases, and CONNEQT may separately designate up to ten (10) claimant cases, as initial bellwether matters. Those bellwether cases shall proceed first. After those decisions, the parties must participate in a confidential mediation concerning the remaining claims. If claims remain unresolved, additional batches may proceed in the order and size determined by the Process Administrator or arbitrator.

22.7 No party may require CONNEQT to arbitrate all mass-filed claims simultaneously.

22.8 Any batching, grouping, or coordinated management is solely for administrative efficiency and does not authorize class arbitration, representative arbitration, issue preclusion against absent claimants, or consolidated merits adjudication unless all parties expressly agree after the dispute arises.

22.9 Any demands beyond the initial batch may be stayed pending completion of threshold rulings, bellwether proceedings, and mediation.

22.10 Any limitations period shall be tolled only for claims that have complied with the contractual pre-suit notice process and have been properly submitted under this Section.

23. Time Limit to Bring Claims

23.1 To the fullest extent permitted by law, any claim by you arising out of or relating to a Covered Product or these Terms must be filed within one (1) year after the claim arose.
23.2 This Section does not apply where a longer period cannot lawfully be shortened.

24. Force Majeure

24.1 CONNEQT shall not be liable for delays, interruptions, or failures caused by events beyond its reasonable control, including supply shortages, transportation delays, labor disputes, weather events, internet outages, telecommunications failures, cyberattacks, epidemics, government actions, or acts of God.

25. Electronic Communications

25.1 You consent to receive notices, disclosures, agreements, warranty information, updates, and other communications from CONNEQT electronically, including by email, website posting, in-app notice, or account message.

26. Assignment

26.1 You may not assign these Terms without CONNEQT’s prior written consent.
26.2 CONNEQT may assign these Terms in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, or by operation of law.

27. Severability

27.1 If any provision of these Terms is found unenforceable, that provision shall be enforced to the maximum extent permitted and the remainder shall remain in effect.
27.2 If any portion of Sections 19 through 22 is found unenforceable, that portion shall be severed and the remainder enforced to the fullest extent permitted by law, except where applicable law requires a different result.

28. No Waiver

28.1 CONNEQT’s failure to enforce any provision of these Terms is not a waiver of its right to do so later.

29. Entire Agreement

29.1 These Terms are the entire agreement between you and CONNEQT regarding Covered Product purchase, provision, returns, warranty, and dispute resolution described here, except for any separate written warranty card, mandatory legal notice, privacy disclosure, or app terms that expressly govern a different subject.

30. Contact

Questions about returns, warranty claims, or these Terms may be directed to:

CONNEQT, Inc.
https://conneqthealth.com/support/
hello@CONNEQThealth.com