NuvoAir Terms and conditions

OVERVIEW By accessing our website (“Site”) , application (either through iOS or Android), dashboard or any other similar and/or purchasing something from us, you engage in our “Services” and acknowledge, agree and accept, without limitation or qualification, the following terms and conditions (“Terms and Conditions”, “Terms”), including any additional terms and conditions and policies (such as the corresponding Privacy Policy, stated herein and/or available via hyperlink, as well as any and all applicable laws, regulations and guidelines. Throughout the Terms and Conditions “we”, “us” and “our” refer to NuvoAir. Conditioned upon your acceptance of all terms, conditions, policies and notices stated here, NuvoAir offers to you, the user, the Services, including all information, tools and services available hereto.

The Terms and Conditions apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms and Conditions carefully before accessing or using our Services. By accessing or using any part of the Services, you agree to comply to these Terms and Conditions. If you do not agree to the Terms and Conditions, you may not access the Services. If the Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions. Any new features and/or tools that are added to the current store shall also be subject to the Terms and Conditions. You can review the current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Services. It is your responsibility to check this page continuously for updates and changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS By agreeing to these Terms and Conditions, you represent that you are at least the legal age of majority in your state or province of residence, or that you are the legal age of majority in your state or province of residence and you have consented to allow any of your minors to use the Service.

You may not use our products for any illegal or unauthorized purpose. Nor may you, in the use of the Service, violate any laws, regulations and guidelines in any jurisdiction (including but not limited to copyright laws). You are prohibited from transmitting or integrating any worms or viruses or any code of a destructive or malicious nature. A breach or violation of any of the Terms will result in an immediate termination of your Service and we may immediately take corrective action, including preventing you from using the Service, at any moment and without notice. If we have been affected or injured by your violation we may, in our sole discretion, seek to recover damages from you.

SECTION 2 - GENERAL CONDITIONS You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact where the Service is provided, without express written permission by us. The headings used herein are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We disclaim the responsibility for any of the information made available on the Site or the application for the Service turning out to be inaccurate or incomplete. The material available in connection with the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material from the Service is at your own risk. This Site, the application or the Services itself may contain certain historical information. Historical information is not necessarily up-to-date and is provided for reference only. We reserve the right to modify the contents at any time, but we have no obligation to update any information on our Site, in the application or in our Services. You agree that it is your responsibility to monitor changes to our Services.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products and Services may be subject to revisions from time to time. Furthermore, we reserve the right, at any point in time an without notice, to update our price plan for Services offered including the usage of our application, dashboard or any other future Service offered by NuvoAir . In such case, you may chose not to continue the use of the Service(s) currently in use by you by not paying the new price for the Service(s) and you have no right to claim the right to usage of any of the Services for no or the same rate as applicable before the change took effect. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable) Certain products or Services may be available exclusively through the Site. For more information on the intended use, warranties etc. for our Spirometer product, please see Appendix 1. These products or Services may have limited quantities and are subject to return or exchange only according to our return procedures, please see Appendix 1. We have made every effort to display the colors and images of our products that appear in the store as accurately as possible. We cannot guarantee that your computer monitor will display the color accurately and thus the colors and image displayed on your computer monitor may differ from the what the product looks like in reality. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product or Service at any time. Any offer for any product or Service made available is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – INTELLECTUAL PROPERTY RIGHTS NuvoAir has and will retain all ownership rights, including but not limited to intellectual property rights, to all content and all aspects of the Site, in the application, Services and products. Neither title nor intellectual property rights are transferred to you by use of or access to the Services. You are allowed to access and use the Services and any and all information therein solely for your personal and non-commercial use.

The materials contained in the Services may not be used except as provided in these Terms Service. You may not distribute, modify, adapt, transmit, translate, reuse, repost, reproduce, copy, display, republish, upload or further use any of the information in the Services in any manner whatsoever without the prior written permission of NuvoAir. Moreover, you may not use any of the information made available in the Services for commercial purposes. Except as otherwise permitted in this paragraph, NuvoAir neither warrants nor represents that your use of materials displayed in the Services will not infringe rights of third parties not owned by or affiliated with NuvoAir. With the exception of the foregoing limited authorization, no license to or right in the information, or any copyright of NuvoAir or of any other party is granted or conferred to you.

These Services may contain or reference proprietary information, technologies, products, processes or other proprietary rights of NuvoAir and/or other parties. No license to or right in any such trademarks, patents, trade secrets, know-how, technologies, products, processes and other proprietary rights of NuvoAir and/or other parties is granted to or conferred upon you.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to decline any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole opinion, appear to be placed by dealers, resellers or distributors.

You agree to provide up-to-date, relevant, complete and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, in order for us to complete your transactions and contact you when needed. For more detail, please review our Returns Policy.

SECTION 8 - OPTIONAL TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge, agree and accept that we provide access to such tools ”as is” and “as available” and thus without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the NuvoAir’s Services (including, the release of new tools and resources) and any such new features and/or services shall also be subject to these Terms and Conditions.

SECTION 9 - THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third-parties. Third-party links in the Services may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be made directly to the third-party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we, in our sole discretion, determine are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or Products. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - PERSONAL INFORMATION A corresponding Privacy Policy describes the ways in which information about individual persons who visit the Site and/or the application as well as use the Services may be collected, used, disclosed, transferred and stored by us. Except for information covered by the Privacy Policy, any communication or material you transmit via the Services, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary.

If you send information or material to us or post information or materials via the Services, you are solely responsible to ensure that you are allowed to take such actions and that your actions will not infringe any other party’s rights. You acknowledge and accept that NuvoAir automatically and immediately upon receipt thereof is given an eternal, non-exclusive, royalty-free, transferrable and sub-licensable license to such information and materials, with full and free right of disposal, including but not limited to the right to make changes, including removal, and publications of the information and materials.

You agree to indemnify NuvoAir and keep us indemnified against all costs, claims, damages or expenses incurred by NuvoAir, or for which NuvoAir may become liable, with respect to any intellectual property infringement claim or other claim relating to information or material you send to NuvoAir or post in the Services.

NuvoAir may, but is not necessarily required to, remove any content that NuvoAir at its sole discretion feels violates these Terms and Conditions.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS We undertake no obligation to update, amend or clarify information in the Services or on any related Product or Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Product or Site, should be taken to indicate that all information in the Service or on any related Product or website has been modified or updated.

SECTION 13 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any national, international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Product or Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Product or Site, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related Product or website for violating any of the prohibited uses and if we have been affected or injured by your prohibited use of the Site, products and/or Services we may, in our sole discretion, seek to recover damages from you.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall NuvoAir, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. With respect to states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 - INDEMNIFICATION You agree to indemnify, defend and hold harmless NuvoAir and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our Services. If we, in our sole discretion, determine that you have failed, or we suspect that you have failed, to comply with any term or provision set out herein, we may also terminate these Terms and Conditions at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or deny you access to our Services (or any part thereof) accordingly.

SECTION 18 - ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted or made available by us in the Services or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the Swedish laws, notwithstanding any principles of conflicts of law.

SECTION 20 - CHANGES TO Terms and Conditions You can review the current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our Services. It is your responsibility to check our Services periodically for changes. Your continued use of or access to our Services or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION Questions about the Terms and Conditions should be sent to us at info@nuvoair.com. Appendix 1 - Use of the Product, Air Smart / Next Spirometer

INDICATIONS OF USE Air Smart / Next Spirometer is intended to measure the forced expiratory volume in 1 sec (FEV1) and the forced vital capacity (FVC) in a forced expiratory maneuver. These measures can be used for detection, assessment and monitoring of diseases affecting the lung function, such as Bronchial Asthma, COPD and Cystic Fibrosis. Air Smart / Next Spirometer is intended to be used by: Healthcare professionals trained to perform spirometry tests on patients of all ages, who are capable of performing a spirometry test.

Adults trained by healthcare professionals or through self-learning who understand how to perform a high quality spirometry test. Competent adult can assist a child, who is capable of performing the spirometry test, with indicative use in home settings. The actual diagnosis shall be done by a healthcare professional so home use is only for indicative purpose

LIMITATIONS OF USE & CONTRAINDICATIONS A spirometry test should only be carried out when the user is at rest (i.e. does not experience shortness of breath) and in good health, and thus in a suitable condition for the test.

An analysis of the results of a spirometry test alone is not sufficient to make a diagnosis of a clinical condition. Test interpretation and suggested treatment must be provided by a physician.

A correct spirometry test depends on the user’s capability to inhale and exhale all air completely and as fast as possible. If these fundamental conditions are not respected then the results obtained during spirometry testing will not be accurate, and therefore the test results are “not acceptable”.

The acceptability of a test is the responsibility of the user. Special attention should be given when testing the elderly, disabled and children.

The device should never be used when it is possible or probable that the validity of the results may be compromised due to any external factors.

Some conditions may pose a relative danger to a patient or affect the validity of spirometry performance and results. These include, but are not limited to the following: unstable cardiovascular status, unstable angina, recent myocardial infarction (within one month) or pulmonary embolism, haemoptysis of unknown origin, recent pneumothorax, thoracic, abdominal or cerebral aneurysms, recent thoracic, abdominal or eye surgery, acute disorders such as nausea or vomiting, severe respiratory distress, physical limitations, cognitive impairment, dementia.

WARRANTY NuvoAir AB (”NuvoAir") warrants that for a period of one (1) year following delivery, the Air Smart / Next Spirometer you have purchased will (a) perform in accordance with published specifications, and (b) will be free from defects in materials or workmanship. In the event the Air Smart / Next Spirometer does not meet this warranty, subject to the conditions set forth in these terms and conditions, NuvoAir’s sole obligation will be, at its election, to replace the Air Smart / Next Spirometer in question or to refund the purchase price.

This warranty will not apply to any Air Smart / Next Spirometers that have been (a) damaged by lightning, water, (b) neglected, altered, abused, or used for a purpose other than the purpose for which they were provided, (c) opened by you or any other party, (d) used in conjunction with a third party product or products not approved in advance by NuvoAir, or (e) otherwise used in a manner inconsistent with any instructions provided by NuvoAir.

In the event that NuvoAir replaces a defective Air Smart / Next Spirometer under warranty, the replaced product will be covered through the end of the original warranty period, but no replacement will extend the warranty term past the two (2) year anniversary of the delivery date of the original Air Smart / Next Spirometer.

This warranty contains the entire agreement between you and NuvoAir with respect to any warranty matters, and supersedes any and all other written or oral statements, representations or agreements relating to the subject matter of this warranty, except that (if applicable) the terms and conditions of any other warranty or service agreement between you and NuvoAir that explicitly supplements or incorporates, and does not replace or modify, the terms and conditions of this warranty will also apply to the Air Smart / Next Spirometer you have purchased.

To the extent any other warranty or service agreement between you and NuvoAir expressly replaces or modifies the terms and conditions of this warranty, such replaced or modified terms shall not apply unless accepted by you (or your distributor, if applicable) and NuvoAir in a signed writing. If you purchased the Air Smart / Next Spirometer from a party other than NuvoAir, NuvoAir reserves the right to require proof of purchase to verify the timeliness of your request. Any and all disputes arising out of or relating to the purchase or use of the Air Smart / Next Spirometer, including any warranty claims, will be governed by the laws of Sweden without regards to conflicts of laws principles. Any action arising out of or relating to the Air Smart / Next Spirometer must be brought only to the local court in Stockholm, Sweden, and by accepting the Air Smart / Next Spirometer, you hereby consent to the personal jurisdiction of such court and agree not to raise any argument of lack of personal jurisdiction or inconvenient forum or otherwise attempt to transfer such action from, or dispute the jurisdiction of, such courts.

RETURN PROCEDURES You are required to arrange for and pay the shipping charges to return any defective Air Smart / Next Spirometer to NuvoAir. NuvoAir will arrange for and pay ground shipping charges for all products replaced or returned to you within Europe. Any other shipping charges are your responsibility. NuvoAir does not offer on-site service to repair any defective Air Smart / Next Spirometers or to resolve any problems relating to the use of replacement products.

Accessibility Statement NuvoAir is committed to making its website usable by all people by meeting accessibility guidelines, and we are working towards doing so. This website is currently partially compliant with the Web Content Accessibility Guidelines version (WCAG) 2.1 AA standards, due to non-compliances listed below. What you can do currently: You can safely resize the screen to up to 300% magnification without text overflow Navigate the site by using keyboard only Navigate forms by using keyboard only Partially navigate the site using speech recognition software Text will reflow when you change browser window size Some parts of this website are not fully accessible: The site does not allow for skipping to main content when using keyboard, you will have to traverse through the menu Linked external PDF’s might not support text to speech Support Page does not fully support keyboard navigation Blog Page does not fully support Keyboard navigation Although we support listening through screen readers, some text may not be recognized If you are having difficulties accessing information on the website, need material in a different format, or have any questions or comments about this statement, please contact us at support@nuvoair.com. This statement was prepared on August 15, 2021 and will be updated as we progress with improvements. The website was last tested internally on August 11, 2021 with the Accessi and Wave web accessibility evaluation tools as well as the VoiceOver screen reader. We aim to meet WCAG 2.1 AA requirements by the end of 2021.

Notice of HIPAA Privacy Practices

THIS NOTICE DESCRIBES HOW WE MAY ACCESS HEALTH INFORMATION ABOUT YOU AND HOW THAT INFORMATION MAY BE USED. PLEASE REVIEW IT CAREFULLY.

Entities and Individuals Covered by this Notice NuvoAir offers virtual-first health care services (the “NuvoAir Service”). For purposes of this notice (this “Notice”), when you apply for or participate in the NuvoAir Service or call us directly, we refer to this as using our “Health Care Services.” When you use our Health Care Services, NuvoAir, its health coaches, and its other health care providers (“we” or “us”) provide you with health care. This joint Notice describes the information privacy practices that each of the following people, entities, and sites will follow: Any health care provider who provides services to you from NuvoAir’s locations, whether physical or online, including health coaches, respiratory therapists, nurses, and others; All departments and units of our organization; and Our employees, contractors, and volunteers, including those at regional support offices and affiliates. These people, entities, and sites may share health information with each other for treatment, payment, or health care operations purposes described in this Notice. In addition, we also use and share your information for other reasons as allowed and required by law. Your doctor and your health care providers other than us may have different practices or notices about their use and sharing of health information in their own offices or clinics. If you have any questions about this Notice, you may contact us in any of the manners described at the end of this Notice. We will gladly explain this Notice to you or your family member.

Information Covered by this Notice We are a “covered entity” under the federal privacy law referred to as the Health Information Portability and Accountability Act of 1996 (“HIPAA”). Regulations under HIPAA explain how we may use and disclose identifiable health information that we collect from and about you and how we must safekeep and secure that information. When we receive information in connection with the Health Care Services that relates to your past, present, or future physical or mental health or condition, to the provision of health care to you, or to your past, present, or future payment for health care, that information is considered “protected health information” or “PHI” under HIPAA, and this Notice applies to all of that information. For example, if you speak to an onboarding specialist to determine whether you might be clinically eligible for the NuvoAir Service, we treat all identifiable information that we receive from you in that conversation as PHI governed by this Notice. In other circumstances, the information that we receive from you may not relate to your health or health care, like if you merely browse our public website but do not speak with us. In those circumstances, we keep any personal information that we collect from you safe, private, and confidential under the terms of our Privacy Policy. In either situation, as further described in our Privacy Policy, we will not rent or sell your Personal Information or Protected Health Information, and we will not permit our business partners to rent or sell your Personal Information or Protected Health Information either. Where appropriate for the NuvoAir Service, we may collect PHI directly from you through questionnaires, connected health devices (such as spirometers, pulse oximeters, scales, and blood pressure monitors), as well as other health information that you disclose to clinicians and coaches in the NuvoAir Services. We receive this PHI to provide you with quality care and to comply with certain legal requirements. To ensure that we operate the Service efficiently and in a clinically effective manner, or for payment purposes, we may also receive health information about you from other sources in certain cases, like external clinicians or diagnostic centers.

Our Commitment to Your Privacy We understand that health information about you is private and personal. We are dedicated to maintaining the privacy and integrity of the PHI that we receive from you as part of your application for or participation in the NuvoAir Service. We are required by law to maintain the privacy of your PHI and to provide you with notice of our legal duties and privacy practices related to that information. When we use or disclose your PHI, we are required to abide by the terms of this Notice (or any other Notice in effect at the time of the use or disclosure).

How We May Use and Disclose Protected Health Information About You We are required to maintain the confidentiality of your PHI, and we have implemented policies, procedures, and other safeguards to help protect your PHI from improper use and disclosure. We protect your PHI in accordance with HIPAA and all other applicable laws and regulations. Where an applicable state law or any other applicable law or regulation requires more protection for your PHI than HIPAA, we comply with that law or regulation as well. Below, we describe different ways that we may use your PHI amongst ourselves and disclose your PHI to other persons and entities. We have not listed every possible use or disclosure in the list below, but all of the ways that may use and disclose PHI fall within one of the categories below. As we describe below, some uses and disclosures will require your specific authorization. The amount of PHI that we may legally use or disclose without your written permission will vary based on the circumstances, including the intended purpose of the use or disclosure. Sometimes we may only need to use or disclose a limited amount of PHI, such as to send you a reminder or to confirm your health insurance coverage. At other times, we may need to use or disclose more PHI, such as when a doctor required that information for medical treatment. The list below includes examples of ways that we may disclose PHI about you without a written authorization from you. Disclosure at Your Request. If you ask us to send PHI about you to a third party, such as a friend, family member, or health care provider, we will do so if we believe that your request is authentic. We may ask you to prove your identity before we honor this request. We may need up to 60 days to honor a request like this, depending on the data that you would like us to disclose, but in most cases, we can honor this request in 30 or fewer days.

We may use your PHI and disclose it to a physician or other health care provider to provide treatment and other services to you. For example, we may disclose your spirometry results to your physician. We may use and disclose your PHI to obtain payment for the services that we provide to you. For example, we may disclose certain PHI to claim and obtain payment from your health insurer, your HMO, or any other company that arranges for or pays the cost of your health care (“Your Payor”) or to verify that Your Payor will pay for that health care.

Our Health Care Operations. We may use and disclose your PHI for our health care operations. Examples of our health care operations include improving the operation of our program, training clinical personnel, and other internal management functions such as legal and audit processes. When we use your PHI for our health care operations, we are required to use only the amount of PHI that is necessary. For example, if we were to evaluate the accuracy of our pulse oximeter, and that evaluation could be accomplished by reviewing measurements only by date and location and without additional identifiers, we would limit the PHI that we use for that evaluation to date and location information.

Health Care Operations of Other Covered Entities. We are also permitted to share PHI about you with other covered entities that have a relationship with you (including, in some circumstances, your employer’s health plan, your health insurer, or other health care providers) for their health care operations and to certain companies that provide those covered entities with services as their business associates. For example, we might share PHI about you with your health insurer to enable the health insurer to evaluate which benefits to make available to you. Other examples of another covered entity’s health care operations may include using PHI about you for quality assessment activities, for disease management programs, to improve quality of care, for patient satisfaction surveys, for training, for benchmarking, and other purposes. In each of these cases, these covered entities may only seek from us PHI about you that is the minimum necessary for their health care operations purposes.

Business Associates. We provide some aspects of our Health Care Services through contracts with business associates for whom we are legally responsible. Examples of our business associates include companies for secure cloud hosting, consultants, quality assurance reviewers, accreditation agencies, and billing and collection services. We may disclose your PHI to our business associates so that they can perform the jobs that we have asked them to perform. To protect your PHI, we require our business associates to sign written agreements requiring that they appropriately safeguard your PHI and use it only as we permit. Health-Related Products and Services. We may use and disclose your PHI to tell you about our health-related products or services that may be of interest to you.

Communications with Family and Others When You Are Present. Sometimes a family member or other person involved in your care will be present when we are discussing your PHI with you. We may use your PHI or disclose it to a relative, a close friend, or any other person that you identify when you are present for that disclosure or you are available prior to the disclosure if we obtain your agreement, if we provide you with the opportunity to object to the disclosure and you do not object, or if we reasonably infer that you do not object to the disclosure.

Communications with Family and Others When You Are Not Present or Are Incapacitated. If you are not present, or you cannot practically agree or object to a use or disclosure because of your incapacity or an emergency, we may exercise our professional judgment to determine whether a disclosure is in your best interest. If we disclose information to a relative, a close friend, or any other person in this context, we would disclose only the information that we believe is directly relevant to that person’s involvement with your health care or health care payment. We may also disclose your PHI in order to notify or assist in notifying these people of your location, your general condition, or your death.

Threat to Health or Safety. We may use and disclose your PHI when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person but only to someone who may be able to help prevent that threat, as we determine in good faith.

Additional Special Situations That Do Not Require Your Authorization The following categories describe some additional circumstances in which we may use or disclose your PHI without your authorization. Public Health Activities. We may disclose your PHI for the following public health activities: (1) to prevent or control disease, injury, or disability; (2) to report births and deaths; (3) to report the abuse or neglect of children, elders, and dependent adults; (4) to report reactions to medications or problems with products; (5) to notify people of recalls of products they may be using; (6) to notify people who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition; and (7) to notify emergency response employees regarding possible exposure to HIV/AIDS, to the extent necessary to comply with state and federal laws. Victims of Abuse, Neglect, or Domestic Violence. If we reasonably believe you are a victim of abuse, neglect, or domestic violence, we may disclose your PHI to a governmental authority authorized by law to receive reports of such abuse, neglect, or domestic violence, including a social service or protective services agency. Health Oversight Activities. We may disclose your PHI to a health oversight agency for activities authorized by law. One example of a health oversight agency is a state health insurance regulator or Medicaid program. These oversight activities include, for example, audits, investigations, inspections, licensure, and other activities necessary for the government to monitor the health care system, government programs, and compliance with civil rights laws. Lawsuits and Other Legal Disputes. We may use and disclose PHI in responding to a court or administrative order, a subpoena, or a discovery request. We may also use and disclose your PHI without your authorization to the extent permitted by law in any other way related to our legal disputes, such as to defend against a lawsuit or in arbitration. Law Enforcement Officials. We may disclose your PHI to the police or other law enforcement officials as required or permitted by law, including: (1) in response to a court order, subpoena, warrant, summons, or similar process; (2) to identify or locate a suspect, fugitive, material witness, or missing person; (3) when concerning the victim of a crime if, under certain limited circumstances, we are unable to obtain the person’s agreement; (4) about a death we believe may be the result of criminal conduct; (5) about criminal conduct at NuvoAir; and (6) in emergency circumstances to report a crime, the location of the crime, or victims or to report the identity, description, or location of the person who committed the crime. We may disclose your PHI to a coroner or medical examiner as authorized by law. Organ and Tissue Donation. We may disclose your PHI to organizations that facilitate organ, eye, or tissue procurement, tissue banking, or transplantation. Research that Does Not Involve Your Treatment. When a research study does not involve any treatment, we may disclose your PHI to researchers. To do this, we will either ask your permission to use your PHI or we will use a special process that protects the privacy of your PHI. For example, we are allowed to supply to a third-party researcher with a data set in which identifiers about you have been removed, except for complete dates and five-digit zip codes. The researcher, before receiving this data set, must contract with us to limit use of this data set, to safekeep the data set, and to destroy or return the data set when the research concludes. Specialized Government Functions. We may use and disclose your PHI to units of the government with special functions, such as the U.S. military or the U.S. Department of State, under certain circumstances. We may use and disclose your PHI to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law. We may use and disclose your PHI to authorized federal officials so they may provide protection to the President, to other authorized persons, or to foreign heads of state, or to conduct special investigations. If you are an inmate of a correctional institution or under custody of a law enforcement official, we may disclose PHI about you to the correctional institution or the law enforcement official to enable the correctional institution to provide you with health care, to protect your health and safety and the health and safety of others, and to protect the safety and security of the correctional institution. Workers’ Compensation. We may disclose your PHI as authorized by and to the extent necessary to comply with state laws relating to workers’ compensation or other similar programs. As Required by Law. We may use and disclose your PHI when required to do so by any other law not already referred to in the preceding categories. For example, the Secretary of the Department of Health and Human Services may review our compliance efforts, which may include access to your PHI.

Situations That Do Require Your Authorization If we need to use your PHI for reasons that have not been described in the sections above, we will obtain your written permission, which is referred to as a written “authorization.” If you authorize us to use or disclose PHI about you, you may revoke that authorization in writing at any time. If you revoke your authorization, we will no longer use or disclose PHI about you for the reasons stated in that written authorization, except to the extent we have already acted in reliance on your authorization. Any revocation of an authorization applies only to what you or your representative had authorized and does not apply to the situations above where we are permitted to use or disclose PHI about you without an authorization. You understand that we are unable to take back any disclosures that we have already made with your permission and that we are required to retain our records of the care we provide to you. Examples of typical disclosures that require your authorization include:

Special Categories of Treatment Information. In most cases, federal or state law requires your written authorization or the written authorization of your representative for disclosures of drug and alcohol abuse treatment, test results for Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS), and mental health treatment. If these laws apply to any PHI about you that we maintain, we will comply with them.

Research Involving Your Treatment. When you participate in a research study that involves your treatment, we may disclose your PHI to researchers, provided that you have signed a specific authorization for us to do so or an Institutional Review Board has approved the disclosure in connection with its review and approval of the research proposal and the procedures that the research organization has established to protect the privacy of your PHI.

We must obtain your written authorization prior to using your PHI to send you any information that HIPAA defines as marketing information. HIPAA considers communications about a product or service that encourage you to purchase or use that product or service to be marketing when that product or service is not one of NuvoAir’s services or when we are paid to communicate about the product or service to you. We may send some types of communications to you that are not part of our Health Care Services but that are not considered marketing communications for which we would need your prior authorization. We may send these communications to you directly, or one of our business associates may send them for us. For example, we may send you communications about care coordination and care management services that may be available to you if we are not paid to make this communication. We may also remind you to fill a prescription so long as we are only reimbursed for our expenses in doing so. We are also allowed to give you a promotional gift of nominal value.

Your Rights Regarding Your PHI You have the following rights regarding PHI that we maintain about you. You may contact us to obtain additional information and instructions for exercising these rights in any of the manners described at the end of this Notice. Right to Request Additional Restrictions. You may request restrictions on our use and disclosure of your PHI for treatment, payment, and health care operations. You may also request restrictions on our use and disclosure of your PHI to relatives, close friends, or other people identified by you and involved with your care or with payment related to your care or to notify or assist in notifying those individuals regarding your location and general condition. This request must be in writing, and we will send you a written response. If we agree with the request, we will comply with your request except to the extent that disclosure has already occurred or to the extent needed to provide you with emergency treatment. While we will consider all requests for additional restrictions carefully, we are not required to agree to a requested restriction (except where you request that we not disclose PHI to a health plan and the PHI relates solely to a health care item or service for which you personally have paid in full).

Right to Receive Confidential Communications. You may request to receive your PHI by alternative means of communication or at alternative locations. For example, you can request that we only contact you at work or by mail. To request confidential communications, you must make your request in writing. We will not ask you for the reason for your request. We will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted. We note, however, that as our Health Care Services work best through an online digital platform, a request for alternative communications may negatively impact how you experience the Health Care Services.

Inspection and Copies. You have an absolute right to obtain copies of the PHI about you that we collect and use in the normal course of providing the Health Care Services to you. You do not have a right to obtain copies of PHI in research databases or in data sets that we use to study and improve the quality of our business, to train our employees, or to manage the legal and financial aspects of our business. Typically, we do not use PHI for most of those.

We require that you make any request to obtain a copy of PHI about you in a manner that we can reliably conclude is authentic. You may request a copy of PHI about you in writing on paper, via the messaging feature of your NuvoAir account, via an email where we have the means to confirm your identity, or through contacting DPO@nuvoair.com in a manner that allows our support team to confirm your identity. We issue digital identity credentials to you in connection with your enrollment in the NuvoAir Service that allow us to confirm your identity. If you would like your attorney or other legal representative to request PHI about you on your behalf, he or she must request the copy in writing as we have not issued any digital identity credentials to your representatives. We reserve the right to reject an online request as inauthentic.

Once we receive your authentic request, we will determine if the information that you have requested is easily available to you through your account with us, and we may instruct you how to access it. If providing the requested information entails more work of us, we will have up to 30 days to complete that work, which we may extend by another 30 days if necessary to prepare the data. Once we receive your authentic request, we also will discuss with you the form and format in which you would like to receive the information, among those that we offer. For example, we will discuss with you whether you would like the information printed or in a secure spreadsheet. We will also discuss with you how to deliver the information. We are obliged to send PHI securely, and we do not allow the copying of PHI onto mobile storage devices like thumb-drives in order to protect the security of our systems. We will provide (or transmit at your request) one copy of your PHI per calendar year at no cost to you. If you request more than one copy per calendar year, we may charge you for copying and mailing/transmission, and we will supply you with an estimate before proceeding.

Right to Amend Your Records. You have the right to request that we amend PHI that we maintain about you. If you desire to amend your records, you must submit your request in writing, which may include an email or a secure message that we believe is authentically from you. We will comply with your request unless we believe that the information that would be amended is already accurate and complete or other special circumstances apply. If we deny your request, you will be permitted to submit a statement of disagreement for inclusion in your records.

Right to Addendum. You have the right to add an addendum to your PHI that is maintained in your medical record. Right to Receive an Accounting of Disclosures. You can request that we provide you with an “accounting of disclosures,” which summarizes the people and organizations outside of NuvoAir to whom we have disclosed PHI about you (other than other covered entities that have a relationship with you and that have received PHI for permitted purposes as described above in this Notice). You must request any accounting of disclosures in writing and not by phone to ensure that we have written records detailing your request. You may request an accounting of disclosures in writing on paper, via the messaging feature of your NuvoAir account, via an email where we have the means to confirm your identity, or through contacting DPO@nuvoair.com in a manner that allows our support team to confirm your identity. We issue digital identity credentials to you in connection with your enrollment in the NuvoAir Servcie that allow us to confirm your identity. If you would like your attorney or other legal representative to request an accounting of disclosures on your behalf, he or she must request the accounting of disclosures in writing as we have not issued any digital identity credentials to your representatives. We reserve the right to reject an online request as inauthentic. By submitting a written request, you may obtain an accounting of certain disclosures of your PHI made by us during any period of time within the six years preceding the date of your request. Your written request should indicate in which form you would like to receive this list (e.g, on paper or electronically). We will provide (or transmit at your request) one accounting of disclosures per calendar year at no cost to you. If you request more than one accounting of disclosures per calendar year, we may charge you the costs of fulfilling your request, and we will supply you with an estimate before proceeding.

Copy of this Notice. You are entitled to a copy of this Notice. You may obtain a copy of this Notice at our website. Y ou may print out a paper copy of this Notice from our website at any time. You are also entitled to ask that we print this Notice and mail it to you. To receive a paper copy of this Notice from us, you may contact us in any of the manners described at the end of this Notice.

Minimum Necessary To the extent required by law, when using or disclosing your PHI or when requesting your PHI from another covered entity, we will make reasonable efforts not to use, disclose, or request more than the minimum amount of PHI necessary to accomplish the intended purpose of the use, disclosure, or request, taking into consideration practical and technological limitations.

Changes to this Notice This Notice describes how we may access health information about you in compliance with HIPAA and how that information may be used in compliance with HIPAA. We may prospectively change the terms of this Notice from time to time, but we may not change this Notice in a way that would violate HIPAA. Changes will apply to PHI that we currently maintain as well as new PHI that we receive after the change occurs. We will post the new Notice on our website. To receive a paper copy of any revised Notice from us, you may contact us in any of the manners described at the end of this Notice.

Concerns or Complaints If you desire further information about your privacy rights, if you are concerned that we have violated your privacy rights, or if you disagree with a decision that we made about access to your PHI, you may contact our Privacy Officer in any of the manners described at the end of this Notice. You also may send a written complaint to the U.S. Department of Health and Human Services, Office of Civil Rights, and we can provide you with the office’s current address. We will not take any action against you for filing a complaint.

How to Contact Us If you would like more information about your privacy rights, please email DPO@nuvoair.com. Please direct any written requests to NuvoAir at: NuvoAir US Inc., Attn: Privacy Officer 50 Milk St., 16th floor Boston, MA 02109 Version Effective: October 2, 2023