ALEX Terms of Service

Part 1 - About These Terms

1.1 Acceptance and Binding Nature

These Terms of Service (the "Agreement", these "Terms") govern your access to and use of the ALEX platform (the "Platform"), whether accessed through the ALEX mobile application, the ALEX web application, and/or authorised and provisioned application-programming interfaces (APIs) or other interfaces. By accessing, browsing, registering for, subscribing to, or using the Platform, you agree to be bound by these Terms and by the documents incorporated by reference in §1.4.

If you do not agree to these Terms, you must not access or use the Platform. If you are accepting these Terms on behalf of a Tenant, Partner, or other legal entity (an "Organisation"), you represent and warrant that you have authority to bind that Organisation, in which case "you" and "your" refer to that Organisation and its authorised users.

1.2 Who You Are Contracting With

The contracting party for this Agreement, and the sole entity carrying operational and legal responsibility for the Platform, is ALEX Tech Pte. Ltd., a Singapore private limited company (UEN 202308966D) with registered office at 68 Circular Road, #02-01, Singapore 049422 ("ALEX Tech", "we", "us", "our"). As at the effective date of this Agreement, ALEX Tech Pte. Ltd. has no formally incorporated country subsidiaries. ALEX Tech Pte. Ltd. may in the future incorporate wholly-owned country subsidiaries to meet local data-residency, licensing, regulatory, or business needs. Any illustrative country-subsidiary names that may be used from time to time in this Agreement or in related materials (for example, "ALEX Tech (Thailand) Ltd.", "ALEX Tech (Malaysia) Sdn. Bhd.", "ALEX Tech Philippines Inc.") are indicative only and are subject to change; the actual legal name of any future country subsidiary will be confirmed at the time of that subsidiary's incorporation. Once a country subsidiary is incorporated and where local law requires that country subsidiary be the contracting entity for users in that country, this Agreement is entered into by that country subsidiary; until then, all obligations of ALEX under this Agreement in the relevant country attach to ALEX Tech Pte. Ltd. directly.

The Platform is operated by ALEX Tech under licence from its intellectual-property owner. That owner is not a party to this Agreement, bears no obligation or liability under it, and has no role in the operation of the Platform or in the processing of any data. All recourse under this Agreement lies against ALEX Tech (or its relevant country subsidiary).

1.3 Scope - Who These Terms Cover

These Terms apply to six principal audiences:

1. Patients who access the Platform directly through the ALEX patient mobile application, patient web application, or authorised patient-facing APIs or interfaces.
2. Tenants - healthcare organisations (hospitals, clinics, laboratories, imaging centres, pharmacies, insurers, and health-adjacent enterprises) that contract with ALEX Tech to use the Platform. Tenants are additionally subject to a Master Services Agreement (MSA) and, where personal data or PHI is processed, a Data Processing Addendum (DPA) and (for US Covered Entity Tenants) a Business Associate Agreement (BAA) that govern the commercial and data-processing relationship. In the event of conflict between these public Terms and the Tenant's MSA/DPA/BAA, those Tenant-specific instruments prevail as to the Tenant's use of the Platform (see §20.8 Order of Precedence).
3. Tenant Workforce Users - clinicians, administrators, and other staff of Tenant Organisations who use the Platform in the course of employment.
4. Partners - participants in the ALEX partner ecosystem programme, additionally subject to a Partner Ecosystem Agreement that governs the partner-specific rights and obligations.
5. Evaluation Users - prospective customers, related parties, and other persons granted time-limited access to the Platform (or a sandbox, pilot, beta, or demonstration environment) for evaluation, demonstration, or trial purposes, whether or not a fee is paid and whether or not a separate written evaluation agreement is in place (see §5.5).
6. Corporate visitors - visitors to alexcare.tech and related properties; prospective customers; job applicants; investors.

1.4 Related Agreements - Incorporated by Reference

The following documents are incorporated into these Terms by reference and form part of the Agreement between you and ALEX Tech. Each is in force as at the Effective Date and is available through the channel indicated. The current issue of each instrument governs; where an instrument is amended, the amended issue is published or made available through the same channel and notified in accordance with §20.7.

• ALEX Privacy Notice - governs collection, use, and protection of Personal Data and PHI, and establishes Patient Data Sovereignty (Part 1.5 of the Notice). Published at alexcare.tech/privacy-policy and available via privacy@alexcare.tech.
• Acceptable Use Policy - set out at Part 6 of this Agreement.
• Cookie Policy - governs cookies and similar technologies. Available on request via privacy@alexcare.tech. Part 15 of the ALEX Privacy Notice sets out our cookies posture in summary and applies in the meantime.
• Data Processing Addendum (DPA) - for Tenants. Available on request and incorporated with the Tenant MSA where personal data is processed.
• Business Associate Agreement (BAA) - for US Covered Entity Tenants. Available on request via legal@alexcare.tech.
• Tenant Master Services Agreement (MSA) - for Tenants. Available on request via legal@alexcare.tech.
• Service Level Agreement (SLA) - for Tenants. Available on request and incorporated with the Tenant MSA.
• Partner Ecosystem Agreement - for Partners. Available on request via legal@alexcare.tech.
• Product-specific supplementary terms - where a specific module, feature, or API is subject to supplementary terms, those terms are additionally binding and prevail in respect of that module in the event of conflict (see §20.8 Order of Precedence).

1.5 Definitions

Capitalised terms have the meanings set out below, or where defined elsewhere in this Agreement:

Part 2 - Eligibility and Account

2.1 Age and Legal Capacity

You represent that you are at least the age of majority or age of digital consent in your jurisdiction (as applicable - see ALEX Privacy Notice Part 14) and have the legal capacity to enter into a binding contract. Where a Patient is a minor, an account may only be opened and operated through a parent or legal guardian custodial account, and the parent/guardian accepts these Terms on the minor's behalf and is responsible for the minor's compliance. We do not knowingly collect Personal Data from children under 13 in the United States or under the applicable age of digital consent in any other jurisdiction. If we learn that we have collected such data without verifiable parental consent, we will delete it.

2.2 Account Registration

To access certain features you must register for an account. You agree to (a) provide accurate, current, and complete registration information; (b) maintain the security and confidentiality of your credentials; (c) promptly update your registration information to keep it accurate; and (d) accept responsibility for all activity that occurs under your account (subject to §2.3 on unauthorised access).

§2.2.1 Express Acceptance. As a condition of registration, you must affirmatively accept these Terms by clicking "I Agree" (or an equivalent affirmative acceptance control) presented adjacent to a conspicuous link to the current version of these Terms and to the ALEX Privacy Notice. Registration will not be completed unless and until affirmative acceptance is recorded. Where access to the Platform is obtained through an authorised and provisioned API without passing through a user-interface acceptance flow, your continued access to and use of the Platform through that API constitutes affirmative acceptance of the version of these Terms current at the time of each access, and you further undertake to ensure that any natural person accessing the Platform through your API credentials has been notified of and bound to these Terms. ALEX Tech will retain a record of each acceptance event (identifier, timestamp, and version accepted) for evidentiary purposes.

2.3 Credential Security and Unauthorised Access

You are responsible for maintaining the confidentiality of your login credentials, including your password and any multi-factor authentication factor (an "MFA Factor"). You must (a) select credentials of appropriate strength; (b) not share credentials with any other person; and (c) notify us immediately at security@alexcare.tech on learning or suspecting that your credentials have been compromised. On timely notification of a suspected credential compromise, we will act promptly to secure your account; you are not responsible for unauthorised activity that occurs after we have received your notification and had a reasonable opportunity to act.

2.4 Access on Behalf of an Organisation

If you use the Platform on behalf of an Organisation, you represent and warrant that (a) you are authorised to do so; (b) your acceptance of these Terms binds the Organisation; and (c) the Organisation is responsible for the actions and omissions of its authorised users. Nothing in this §2.4 limits any statutory or fiduciary duty that any individual may owe to the Organisation.

Part 3 - The Platform

3.1 Description

The Platform is a healthcare technology platform providing (as applicable to your role and to the modules for which you have valid subscription): patient identity and health-record functionality; clinical workflow and documentation; laboratory, imaging, pharmacy, and referral order management; cross-provider clinical routing on the ALEX Network; billing and claim submission to payers and government schemes; analytics; and related supporting functionality. Access is provided through the ALEX mobile application(s), web application(s), and/or authorised and provisioned APIs or other interfaces.

3.2 Access Grant

Subject to your continued compliance with these Terms and (where applicable) your Tenant MSA / BAA / DPA / Partner Ecosystem Agreement, and subject to timely payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your permitted purposes (see Part 4).

3.3 Changes to the Platform

We may update, modify, add to, or discontinue features of the Platform from time to time. For material changes that adversely affect your permitted use, we will provide reasonable advance notice (at least 30 days for Tenants and Partners, and reasonable notice for Patients) except where a change is required by Applicable Law, security, or safety considerations. Where a discontinuation of a paid feature materially affects a Tenant, the Tenant may terminate the affected subscription on prorated pre-paid-fee refund per the Tenant MSA / SLA.

3.4 Availability and Service Levels

Availability commitments for Tenant subscriptions are set out in the Service Level Agreement (SLA). For non-paying users and general Platform access, we operate the Platform on a commercially reasonable "as-available" basis, subject to Force Majeure (Part 17) and scheduled maintenance for which we will endeavour to provide advance notice.

3.5 Beta, Preview, and Early-Access Features

• (a) Designation. Features designated (in the Platform interface, documentation, product notes, release notes, or written communication to Tenants) as "beta", "preview", "alpha", "early access", "experimental", "pilot", "trial", "limited availability", or any equivalent designation are Beta Features.
• (b) AS IS; no warranty. Beta Features are provided strictly "AS IS" and "AS AVAILABLE", with no warranty of any kind, express, implied, statutory, or otherwise. §13.2 does not apply to Beta Features.
• (c) No SLA. Beta Features are excluded from any service-level commitment, uptime target, response-time target, or credit regime under any SLA or Tenant MSA.
• (d) No support obligation. ALEX Tech has no obligation to provide support, defect correction, workarounds, or maintenance in respect of Beta Features.
• (e) Modification and withdrawal. ALEX Tech may modify, restrict, suspend, discontinue, or withdraw any Beta Feature at any time, with or without notice, for any reason. Withdrawal of a Beta Feature is not a breach of this Agreement, the Tenant MSA, or any SLA.
• (f) No fee dependency. Fees payable for generally-available Platform functionality remain payable regardless of the availability, modification, or withdrawal of any Beta Feature. No refund, credit, or fee adjustment is owed on account of any Beta Feature change.
• (g) Use at Tenant's risk. Tenant's decision to use, evaluate, deploy, or rely on any Beta Feature is voluntary and at Tenant's own risk. Tenant is solely responsible for assessing the suitability of any Beta Feature for Tenant's intended use, including clinical, operational, regulatory, and safety suitability.
• (h) Confidentiality. Any information about Beta Features (functionality, performance, defects, roadmap positioning, competitive positioning) is Confidential Information of ALEX Tech and subject to Part 12 confidentiality obligations. Tenant will not disclose Beta Feature information to any third party (including in benchmarking, competitive review, or public statements) without ALEX Tech's prior written consent.
• (i) Feedback. Feedback on Beta Features is governed by §4.4.

Part 4 - Licence, Restrictions, and Reservation of Rights

4.1 Licence

Subject to §3.2, you receive a limited licence to use the Platform solely for the purposes described in these Terms and (where applicable) your Tenant MSA or Partner Ecosystem Agreement.

4.2 Restrictions on Use

You (whether a Patient, Tenant, Tenant Workforce User, Partner, Evaluation User, or Corporate Visitor) must not, and must not permit any third party (including any employee, contractor, agent, service provider, sub-processor, or AI system acting on your behalf, at your direction, or with access provided by or through you) to:

• (a) copy, modify, adapt, translate, or create derivative works of the Platform or any ALEX Tech content, except as permitted by Applicable Law that cannot be excluded by contract;
• (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, model weights, algorithms, decision boundaries, output distribution, or training data of the Platform, including by any technique that seeks to infer, reconstruct, or approximate the Platform's model behaviour, decision boundaries, output distribution, or training corpus through systematic input/output observation or probing of any Platform interface (including documented and authorised APIs); except to the extent Applicable Law permits reverse engineering that cannot be excluded by contract (including Article 6 of Directive 2009/24/EC (Software Directive) as implemented in EU/EEA member state law, and equivalent provisions of the laws of the United Kingdom, Australia, Japan, Singapore, and other applicable jurisdictions), and then only to the minimum extent so permitted and only for the purpose so permitted;
• (c) rent, lease, sub-license, resell, or otherwise commercially exploit the Platform, except as expressly permitted under a Tenant MSA or Partner Ecosystem Agreement;
• (d) remove, obscure, or alter any proprietary rights notice on the Platform or on any output of the Platform;
• (e) use, access, or authorise access to the Platform for the purpose of (i) developing, designing, training, evaluating, marketing, or supporting a product or service that competes (in whole or in part) with the Platform; (ii) benchmarking or comparative testing of the Platform (whether or not for public disclosure); or (iii) competitive intelligence gathering;
• (f) use the Platform, any output, response, telemetry, prompt-and-response pair, log, session artefact, or other data or content generated by or through the Platform (collectively, "Platform Output"), or any material derived from Platform Output, to train, fine-tune, distill, evaluate, benchmark, red-team, align, adapt, calibrate, develop, or improve any machine-learning, deep-learning, artificial-intelligence, statistical, foundation, agentic, or generative model, or to generate synthetic data, synthetic prompts, synthetic responses, or synthetic training corpora for any of the foregoing purposes, unless expressly authorised in writing by an authorised officer of ALEX Tech under a Tenant MSA or a separate written agreement;
• (g) use the Platform in any manner that violates Applicable Law or that infringes the rights of any third party;
• (h) circumvent or attempt to circumvent any usage limit, quota, security control, rate limit, or authentication mechanism;
• (i) introduce any virus, malware, or other harmful code, or otherwise attempt to disrupt or interfere with the operation of the Platform;
• (j) engage in unauthorised access, scraping, crawling, indexing, framing, or bulk data extraction from the Platform, other than through documented and authorised APIs; or
• (k) act in any manner that is inconsistent with the Acceptable Use Policy set out at Part 6.

4.2A Downstream Binding; No AI-Agent Circumvention

The prohibitions in §4.2 (and the covenants in §4.2B) bind you and, on a look-through basis, every employee, contractor, agent, service provider, sub-processor, and any autonomous, semi-autonomous, or automated system (including any AI agent, model, orchestration pipeline, retrieval-augmented system, or agentic workflow) acting on your behalf, at your direction, or with credentials or access provided by or through you. You are liable for the acts and omissions of any such person or system in respect of the Platform as if they were your own acts and omissions. You must not delegate, route, or otherwise cause access to the Platform to be effected through any autonomous or semi-autonomous system for the purpose of, or with the effect of, circumventing any restriction in §4.2, §4.2B, Part 6, or any other provision of this Agreement. A restriction on you is a restriction on every system acting under your authority; the interposition of an AI agent or automated pipeline between you and the Platform does not diminish, extinguish, or alter that restriction.

4.2B AI-Tooling Discipline Symmetry

ALEX Tech operates its internal AI-tooling practice under strict discipline: Platform inputs, prompts, outputs, and derived content are not used for recursive model training, model distillation, weights adjustment, fine-tuning, reinforcement signal generation, or cross-session knowledge retention beyond the specific operational purpose for which the input was submitted. You, and every person and system referenced in §4.2A, warrant that you will apply the same discipline to all Platform Output and to all content derived from Platform Output, meaning: (a) no use of Platform Output for training, fine-tuning, distillation, evaluation, benchmarking, red-teaming, alignment, or calibration of any AI Model or statistical system, whether by you or by any third party to whom Platform Output is transmitted or exposed; (b) no retention of Platform Output beyond the specific operational purpose for which it was received; (c) no aggregation or synthesis of Platform Output into any corpus, dataset, index, embedding, vector store, prompt library, or knowledge base intended to be used for the purposes prohibited in §4.2(f). This §4.2B is a material term of this Agreement. A breach of this §4.2B is a material breach of these Terms for the purposes of §16.2(a) and constitutes grounds for immediate suspension under §16.2(b).

4.3 Reservation of Rights

Except for the limited licence granted in §4.1, all rights in and to the Platform - including all intellectual property rights in the Platform, whether owned by ALEX Tech or licensed to ALEX Tech by its licensors, and any rights of ALEX Tech in derivative works - are expressly reserved. No rights are granted by implication, estoppel, or otherwise.

4.4 Feedback

If you provide us with feedback, suggestions, or ideas about the Platform ("Feedback"), you grant ALEX Tech and its licensors a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to use, incorporate, and exploit that Feedback in the Platform and in related products and services. This §4.4 does not apply to Personal Data or PHI, which are governed by Part 10 and by the ALEX Privacy Notice.

Part 5 - User-Category-Specific Terms

5.1 Patients

5.1.1 Purpose. The Patient Application is designed to help you manage your identity, health record, appointments, prescriptions, and interactions with ALEX-Tenanted healthcare providers.

5.1.2 Not a Substitute for Professional Care. See §8.4. The Platform is not a healthcare provider and does not itself provide medical diagnosis, treatment, or advice.

5.1.3 Patient Data Sovereignty. Your sovereignty rights over your Personal Data and PHI are governed by ALEX Privacy Notice §1.5 and Part 13. ALEX Tech processes your data as steward, not as owner.

5.1.4 Consent to Cross-Provider Routing. You may grant, revoke, or scope consent for cross-provider routing of your data through the ALEX Network via in-application consent controls at any time; revocation is prospective and does not affect the lawfulness of prior processing.

5.2 Tenants and Tenant Workforce

5.2.1 Tenant MSA Governs. Your commercial rights and obligations as a Tenant are principally governed by the Tenant Master Services Agreement (MSA) with ALEX Tech. These Terms apply to Tenants and Tenant Workforce Users to the extent not inconsistent with the MSA (see §20.8 Order of Precedence).

5.2.2 Tenant Responsibilities. Each Tenant is responsible for (a) obtaining and maintaining any patient consents or authorisations required under Applicable Law in respect of the Tenant's processing of patient data through the Platform; (b) exercising Covered Entity (HIPAA) or Controller (GDPR / PDPA) duties toward its patients; (c) provisioning, deprovisioning, and managing Tenant Workforce Users; (d) maintaining accurate patient identifiers and clinical records; and (e) complying with clinical-record retention and applicable local healthcare regulation.

5.2.3 No Ownership of Patient Data by Tenant. As set out in ALEX Privacy Notice §1.5.3, a Tenant's compliance role as Covered Entity or Controller does not confer ownership of any patient's Personal Data or PHI. The Tenant is bound by the anti-appropriation, anti-alienation, and successor-obligation provisions of ALEX Privacy Notice §1.5, and mirror provisions of the Tenant MSA / DPA / BAA.

5.3 Corporate Visitors

Corporate visitors access alexcare.tech and related properties. Use is subject to these Terms and the Privacy Notice, including Part 15 of the Privacy Notice (Cookies and Tracking Technologies), and to the Cookie Policy where that Policy has been made available to you. Corporate visitors may submit contact-form enquiries, subscribe to newsletters (where consent has been captured for such contact), or apply for employment (governed by a separate applicant privacy notice on request).

5.4 Partners

Partners in the ALEX partner ecosystem programme are additionally bound by the Partner Ecosystem Agreement, which addresses partner certification, integration standards, revenue-share arrangements, non-ownership of patient data (per ALEX Privacy Notice §1.5.4), independent-AI-training prohibitions on identifiable patient data, and consequences (including revocation of certification) for violation.

5.5 Evaluation Users

ALEX Tech, from time to time, grants Evaluation Access to high-potential prospective customers, related parties, and other invited persons for the purpose of evaluating, demonstrating, or piloting the Platform. Evaluation Access is often extended without payment of a fee and without a separate written evaluation, trial, or non-disclosure agreement. Where Evaluation Access is granted (with or without a fee, and with or without a separate written agreement), the following terms apply and prevail over anything in these Terms to the contrary:

• (a) Discretion. ALEX Tech may grant, refuse, condition, extend, curtail, suspend, or revoke Evaluation Access at any time, in its sole discretion, with or without notice and with or without cause.
• (b) No Production or Clinical Use; No PHI. Evaluation Access is for evaluation and demonstration only. Evaluation User must not (i) use the Platform or any evaluation environment for production purposes, live clinical care, live billing, or any decision that affects a real patient's care; or (ii) submit, upload, or otherwise provide any Personal Data or PHI relating to any real identified or identifiable natural person to any evaluation environment. Only synthetic or lawfully de-identified test data may be submitted.
• (c) No Warranty; No SLA; No Support. The Platform and any evaluation environment are provided to Evaluation User strictly on an "as is" and "as available" basis. ALEX Tech makes no warranty of any kind (whether express, implied, statutory, or otherwise) to Evaluation User, and disclaims all such warranties to the maximum extent permitted by Applicable Law. No Service Level Agreement, uptime commitment, availability target, support commitment, or response-time obligation applies to Evaluation Access. The warranties in §13.2 do not run to Evaluation Users.
• (d) Time-Boxed by Default. Unless a longer period is expressly agreed by ALEX Tech in writing, Evaluation Access terminates on the earlier of (i) 30 days from first Platform access; (ii) written notice from ALEX Tech; or (iii) execution of a Tenant MSA or Partner Ecosystem Agreement covering the same access.
• (e) ALEX Tech Rights over Evaluation Content. ALEX Tech may inspect, use, retain, delete, or repurpose any content, prompts, inputs, outputs, telemetry, session data, and configuration submitted by or generated in connection with Evaluation User's Evaluation Access, in each case for the purposes of operating, securing, and improving the Platform and evaluating Evaluation User's use, subject to Applicable Law and to §5.5(b) (which prohibits submission of real Personal Data or PHI in the first place).
• (f) No Transition Rights; No Export Commitment. The data-export commitment in §16.4 does not apply on termination of Evaluation Access. Evaluation User has no right to transition, migration, export, or delivery of any data, configuration, or artefact on termination. ALEX Tech may delete all Evaluation User content on termination.
• (g) Survival. Confidentiality (Part 12), Reservation of Rights (§4.3), and the no-AI-training and no-competitor-development covenants (§4.2(e), §4.2(f), §4.2A, and §4.2B) survive termination of Evaluation Access indefinitely, notwithstanding any characterisation of Evaluation Access as informal, trial, or gratuitous.
• (h) IP Acknowledgment. Evaluation User expressly acknowledges that all intellectual property in and to the Platform (including all software, models, model weights, algorithms, documentation, training data, prompts, responses, outputs, and derivatives) is and remains the exclusive property of ALEX Tech Pte. Ltd. and its licensors, and that Evaluation Access grants Evaluation User no right, title, or interest of any kind in any Platform intellectual property, whether by licence, implication, estoppel, exhaustion, or otherwise. Any exception to this §5.5(h) is effective only if set out in a written agreement signed by an authorised officer of ALEX Tech.
• (i) Evaluation User Indemnification. Evaluation User will defend, indemnify, and hold harmless ALEX Tech Pte. Ltd., its affiliates and licensors, and their respective directors, officers, employees, and agents from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) Evaluation User's access to or use of the Platform or any evaluation environment; (ii) any Personal Data, Protected Health Information, or other data submitted, uploaded, or otherwise provided by Evaluation User to any evaluation environment (including in breach of §5.5(b)); (iii) any breach by Evaluation User of §5.5 or of any survival obligation under §5.5(g); (iv) any claim by any third party (including any data subject, patient, or provider) arising from data submitted by Evaluation User; (v) any use by Evaluation User of Platform Output in breach of §4.2, §4.2A, §4.2B, or Part 6; and (vi) any misrepresentation by Evaluation User of Platform functionality, output, performance, or characteristics to any third party.
• (j) No Third-Party Beneficiary. No third party (including any prospective client of the Evaluation User, any affiliate of the Evaluation User, or any related party of the Evaluation User) acquires any right under this §5.5. This §5.5 does not derogate from the Patient Data Sovereignty third-party-beneficiary exception in §20.5, which continues to run in favour of Patients.

Part 6 - Acceptable Use Policy

You must not, and must not permit any user of your account or Organisation to:

6.1 Prohibited Conduct

• (a) Use the Platform for any purpose that is illegal, harmful, fraudulent, deceptive, defamatory, obscene, or otherwise objectionable.
• (b) Impersonate any person or entity, or misrepresent affiliation with any person or entity.
• (c) Harvest, collect, or process Personal Data from other users or from the Platform for any purpose not authorised by these Terms, by your Tenant MSA, or by Applicable Law.
• (d) Engage in phishing, social engineering, or credential compromise against ALEX Tech, its users, its sub-processors, or its partners.
• (e) Interfere with, disrupt, or degrade the Platform, including its infrastructure, security controls, or the experience of other users.
• (f) Circumvent, disable, or otherwise interfere with security features of the Platform.
• (g) Use the Platform to transmit unsolicited communications, chain letters, or mass messaging in violation of anti-spam laws (including CAN-SPAM, CASL, GDPR Art. 21, PDPA-SG DNC Registry, and local equivalents).
• (h) Register for, access, or continue to access the Platform as a Competitor, on behalf of a Competitor, or with the purpose of conveying Platform Output or Platform functionality intelligence to a Competitor, without ALEX Tech's prior written consent (see §5.5(g), §4.2(e), §16.2A, and the definition of Competitor in §1.5).
• (i) Use any autonomous, semi-autonomous, or automated system (including any AI agent, model, orchestration pipeline, retrieval-augmented system, or agentic workflow) to (i) circumvent §4.2, §4.2B, or any other provision of Part 6; or (ii) conduct systematic input, output, prompt, or response probing of the Platform other than through documented and authorised APIs, within their documented rate, scope, and purpose limits, and consistent with the security-research carve-out in §6.3(b).

6.2 Prohibited Content

You must not upload, transmit, or otherwise make available through the Platform any content that:

• (a) infringes any third-party intellectual property, privacy, publicity, or contract right;
• (b) contains malware, viruses, worms, trojans, or other harmful code;
• (c) contains material that is unlawful, defamatory, obscene, hateful, threatening, harassing, or otherwise inappropriate to the healthcare context;
• (d) contains fraudulent claims regarding healthcare products, services, or clinical outcomes;
• (e) misrepresents another person's PHI, or presents PHI without proper lawful basis and (where required) authorisation.

6.3 System-Integrity Restrictions

You must not:

• (a) exceed usage limits, quotas, or rate limits published in Platform documentation;
• (b) probe, scan, or test the vulnerability of the Platform outside a coordinated-disclosure or bug-bounty programme agreed with us. Coordinated-disclosure submissions may be sent to security@alexcare.tech;
• (c) attempt to gain unauthorised access to any part of the Platform, to other users' accounts, or to any related system;
• (d) use automated means (bots, scrapers, crawlers) other than through documented and authorised APIs.

6.4 Consequences of Violation

Violation of this Part 6 may result in immediate suspension of your access, termination of your account, forfeiture of any pre-paid fees for the period of terminated access, referral to law-enforcement, civil claim for damages, and (for Tenants and Partners) contract termination for cause. Where a violation affects patient safety or system integrity, we may suspend access without prior notice.

Part 7 - User Content

7.1 Definition

"User Content" means any content you submit, upload, transmit, or make available through the Platform - including clinical documentation, images, notes, form submissions, comments, and (for Tenants) content generated by Tenant Workforce Users using the Platform. Personal Data and PHI are User Content but are separately governed by the ALEX Privacy Notice and applicable data-protection law.

7.2 You Retain Rights

As between you and ALEX Tech, you retain all rights in and to your User Content, subject to (a) any rights of third parties (for example, the Tenant Covered Entity's compliance responsibilities in respect of Tenant Workforce User outputs), and (b) the licence granted in §7.3.

7.3 Limited Licence to ALEX Tech

You grant ALEX Tech a limited, non-exclusive, worldwide, royalty-free licence to host, store, process, transmit, display, and route your User Content solely for the purpose of providing the Platform to you and to your authorised counterparties (for example, routing a clinical order to a fulfilment provider on the ALEX Network per your instruction), and to comply with Applicable Law. This licence terminates when your User Content is deleted from the Platform, subject to backup-window purge, legal-hold, and Tenant-clinical-record-retention obligations.

7.4 User Warranties

You represent and warrant that (a) you have all necessary rights to submit your User Content to the Platform; (b) your User Content does not violate Part 6.2 (Prohibited Content); and (c) where your User Content includes Personal Data or PHI of any other person, you have the lawful basis required to submit that data to the Platform.

7.5 De-identified and Aggregate Analytics

Consistent with ALEX Privacy Notice §6.3 and §1.5.9, we may use de-identified, aggregated, or synthetic data derived from User Content for legitimate platform-improvement and permitted research purposes. We do not sell or license such data to any third party for that party's independent commercial exploitation. Identifiable patient data is not used for AI Model training except on the bases set out in ALEX Privacy Notice §6.3.

7.6 DMCA / Copyright Complaints

ALEX Tech complies with the notice-and-takedown provisions of the United States Digital Millennium Copyright Act (17 U.S.C. § 512) for User Content hosted by ALEX Tech in relation to which a valid infringement notification is received. ALEX Tech has designated a copyright agent to receive notifications of alleged infringement.

§7.6.1 Designated Copyright Agent. Notifications of alleged infringement, and counter-notifications, may be sent to the ALEX Tech Copyright Agent at:

• Email: copyright@alexcare.tech
• Post: Copyright Agent, ALEX Tech Pte. Ltd., 68 Circular Road, #02-01, Singapore 049422

ALEX Tech will register its designated agent with the United States Copyright Office under 17 U.S.C. § 512(c)(2). Until that registration is effective, the safe harbour at § 512(c) is not available to ALEX Tech, and the notice-and-takedown process set out in this §7.6 operates as a matter of ALEX Tech's own practice rather than in reliance on that safe harbour. This §7.6.1 is updated on registration.

§7.6.2 Notification Requirements. To be effective under § 512(c)(3), a notification of claimed infringement must be a written communication that includes substantially the following:

• (a) a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
• (b) identification of the copyrighted work claimed to have been infringed (or, if multiple works at a single online site are covered by a single notification, a representative list of such works);
• (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ALEX Tech to locate the material;
• (d) information reasonably sufficient to permit ALEX Tech to contact the complaining party (address, telephone number, and, if available, email);
• (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
• (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

§7.6.3 Response and Counter-Notification. On receipt of a compliant notification, ALEX Tech will act expeditiously to remove or disable access to the material claimed to be infringing and will take reasonable steps to notify the affected user. The affected user may submit a counter-notification meeting the requirements of § 512(g)(3) to the Copyright Agent at the address above; on receipt of a compliant counter-notification, ALEX Tech will follow the procedures set out in § 512(g)(2) and (3), including forwarding the counter-notification to the complaining party and restoring access to the material in accordance with the statutory timeline unless the complaining party files an action seeking a court order.

§7.6.4 Repeat Infringers. ALEX Tech will terminate, in appropriate circumstances, the accounts of users who are repeat infringers, consistent with § 512(i).

§7.6.5 Misrepresentation Warning. Any person who knowingly materially misrepresents in a notification or counter-notification that material is infringing, or that material was removed by mistake or misidentification, may be liable for damages, including costs and attorneys' fees, under 17 U.S.C. § 512(f).

Part 8 - AI, Automated Decision-Making, Clinical Safety, and Emergency Use

8.1 AI-Assisted Functionality

The Platform is designed to provide, and progressively delivers as each functional module is released to a Tenant's environment or made generally available in the Patient Application, AI-assisted functionality that may include AI-drafted clinical documentation, code suggestions, patient-facing summaries, translations, triage support, and decision support. Not every AI functionality described in this section is available in every deployment as of the Effective Date; individual features are released to Tenants and to Patient Application users under separate release notices, product-specific supplementary terms, and (where applicable) the Tenant MSA. Where an AI-assisted feature is made available to you, AI outputs are computational suggestions, not medical judgments. See also ALEX Privacy Notice Part 6 (AI, Model Training, and Automated Decision-Making).

8.2 Human Clinician Sign-Off

Clinically consequential outputs of the Platform require sign-off by a licensed human clinician within the Tenant's workflow. ALEX Tech designs the Platform so that AI proposes and the licensed clinician disposes. Tenants and Tenant Workforce Users are responsible for exercising professional clinical judgment and for the clinical accuracy and appropriateness of every clinical decision made through or with the aid of the Platform.

8.3 Automated Decision-Making (ADM)

Where the Platform employs Automated Decision-Making that produces legal or similarly significant effects on you (for example, automated fraud block on suspicious authentication), you have the rights described in ALEX Privacy Notice §6.2 - to be informed, to obtain human review, to express your point of view, and to contest the decision.

8.4 Not Medical Advice

IMPORTANT. ALEX Tech is a technology provider, not a healthcare provider. The Platform does not itself provide medical diagnosis, treatment, prescription, or advice. Information made available through the Platform is not a substitute for professional medical judgment. Always consult a qualified healthcare provider for medical questions, diagnoses, or treatment decisions. Do not disregard, avoid, or delay obtaining professional medical advice because of information accessed through the Platform.

8.5 Emergency Use Limitation

IMPORTANT. The Platform is not designed for, and must not be used for, medical emergencies. If you or another person is experiencing a medical emergency, call your local emergency number (for example, 911 in the United States; 995 in Singapore; 1669 in Thailand; 999 in Malaysia; 911 in the Philippines; 112 or the local equivalent in EEA member states) or attend the nearest emergency department. ALEX Tech is not liable for any harm arising from the use of the Platform in place of appropriate emergency services.

8.6 Model Output Disclaimer

AI Model outputs are subject to intrinsic limitations of the underlying models, including the possibility of factually incorrect, biased, incomplete, or misleading outputs. ALEX Tech uses commercially reasonable safeguards to minimise such outputs in clinical contexts, but does not warrant that AI outputs are free from error. See Part 13 Disclaimers.

8.7 EU AI Act and Framework Positioning

ALEX Tech Pte. Ltd. is undertaking, and will complete before offering any regulated AI functionality in the EU market, per-system classification under Articles 6(1)/Annex I and 6(2)/Annex III of Regulation (EU) 2024/1689 (the "EU AI Act"), and any registration required under Article 71. For each AI system in scope, the applicable risk-management, data-governance, technical-documentation, transparency, human-oversight, accuracy, robustness, and cybersecurity regime will be operated as required by the classification determined for that system before that system is placed on the market or put into service in the EU. Where classification, registration, or the applicable risk regime has not yet been completed for a given AI system, that AI system will not be made available to EU users. Per-system classification status and further AI-transparency information are available on request from privacy@alexcare.tech, and are set out in the AI Transparency Notice published at alexcare.tech/ai-transparency as each system enters EU scope. See also ALEX Privacy Notice §6.4.

8.8 EU AI Act Article 50 Synthetic-Content Transparency

Where the Platform generates content that constitutes 'synthetic content' within the meaning of Article 50 of Regulation (EU) 2024/1689 (the EU AI Act), including AI-generated or AI-manipulated audio, image, video, or text content, such content will be marked in a machine-readable format as artificially generated or manipulated, in compliance with the technical solution requirements of Article 50(2). Where the Platform is used to generate or manipulate content constituting a 'deep fake' within the meaning of Article 3(60) of the EU AI Act, or text published to inform the public on matters of public interest under Article 50(4), the relevant disclosure or labelling requirements will be implemented as required by Article 50(4). Where classification of a given output under Article 50 is uncertain, ALEX Tech will apply the transparency and labelling requirements on a precautionary basis. This §8.8 operates in conjunction with §8.7 and with ALEX Privacy Notice §6.4.

Part 9 - Fees, Payment, and Taxes

9.1 Fees

Fees for the Platform are as set out (a) for Tenants and Partners, in the Tenant MSA / Partner Ecosystem Agreement or in an accepted commercial order; (b) for direct-to-consumer Patient services (where offered), on the Platform pricing pages current at the time of purchase.

9.2 Payment Terms

Unless otherwise agreed in a Tenant MSA or accepted order: (a) fees are due in advance on the schedule stated in the invoice; (b) payment is in the currency stated in the invoice; (c) invoices are payable net 30 days from invoice date; (d) undisputed overdue amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by Applicable Law; (e) we may suspend service for material overdue amounts on 15 Business Days' written notice; (f) suspension does not relieve you of the obligation to pay for the affected period.

9.3 Taxes

Fees are exclusive of GST, VAT, sales tax, withholding tax, and other transaction taxes, which are your responsibility unless otherwise stated. Where a jurisdiction requires us to charge such tax, we will do so and include it on the invoice.

9.4 Refunds

Except as expressly stated in a Tenant MSA, SLA credit provision, or Applicable Law that cannot be excluded by contract, fees are non-refundable once paid. Statutory refund rights of consumers are preserved (see §13.4 and jurisdictional Annexes).

9.5 Payment-Processor Security

Payment data is processed by PCI DSS Level 1 sub-processors identified in the ALEX Privacy Notice Appendix 1. ALEX Tech does not store full card PAN.

Part 10 - Data Protection, Privacy, PHI, and Sovereignty

10.1 Privacy Notice

Our collection, use, disclosure, transfer, retention, and protection of Personal Data and PHI in connection with the Platform is governed by the ALEX Privacy Notice, incorporated by reference into these Terms.

10.2 DPA and BAA

Where you (as a Tenant) process Personal Data through the Platform in a Controller / Processor relationship with ALEX Tech, the DPA governs. Where you (as a US Covered Entity Tenant) process PHI, the BAA governs. These instruments are executed by ALEX Tech.

10.3 Patient Data Sovereignty

The Patient Data Sovereignty framework in ALEX Privacy Notice §1.5 applies to all Processing of patient Personal Data and PHI conducted through the Platform. In particular: (a) no party - including ALEX Tech, any Tenant, any Partner, any sub-processor, or any successor of the foregoing - acquires ownership of patient Personal Data or PHI by virtue of custody, processing, or contract; (b) patient data is not a saleable, licensable, pledgable, or mortgageable asset; (c) in corporate transactions and insolvency, patient data transfers only in a custodial capacity, with statutory patient rights preserved.

10.4 Statutory Rights Preserved

Data subjects retain all statutory rights described in ALEX Privacy Notice Part 13 (and jurisdictional Annexes), notwithstanding anything in these Terms. Nothing in these Terms waives, restricts, or excludes any statutory data-protection right of any individual.

Part 11 - Third-Party Services and Integrations

The Platform may integrate with, link to, or depend on third-party services (including cloud infrastructure, communications gateways, payer systems, government health portals, and identity providers). Third parties operate under their own terms and privacy notices. ALEX Tech is responsible for third-party services that we engage as sub-processors (subject to our sub-processor obligations in the Privacy Notice); ALEX Tech is not responsible for third-party services that you or your Tenant separately engage. Third-party terms may impose additional restrictions on your use of the Platform to interact with their services.

Part 12 - Confidentiality

12.1 Definition

"Confidential Information" means any non-public information disclosed by one party to the other in connection with the Platform, in any form, that is marked confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. ALEX Tech's Confidential Information includes technical documentation, roadmaps, pricing, model architecture, and Platform performance data. Confidential Information does not include Personal Data or PHI, which are separately governed by the Privacy Notice.

12.2 Obligations

Each party will (a) use the other's Confidential Information only for purposes of performing under this Agreement; (b) protect it with at least the same degree of care used to protect its own Confidential Information (and no less than reasonable care); (c) disclose it only to employees, contractors, advisers, or agents who need to know and are bound by confidentiality obligations at least as protective as this Part 12.

12.3 Exceptions

Obligations do not apply to information that is (a) publicly known through no breach of this Agreement; (b) rightfully received from a third party without confidentiality obligation; (c) independently developed without use of the disclosing party's Confidential Information; or (d) required to be disclosed by Applicable Law, order of a court or regulator, provided that (where lawful) the receiving party gives prompt notice and reasonable cooperation to the disclosing party to seek a protective order.

12.4 Duration

Confidentiality obligations survive termination of this Agreement for 5 years, and indefinitely for information that constitutes a trade secret under Applicable Law.

Part 13 - Representations, Warranties, and Disclaimers

13.1 Mutual Representations

Each party represents and warrants that (a) it has full corporate power and authority to enter into this Agreement; (b) execution and performance do not violate any other agreement or Applicable Law; and (c) it will comply with Applicable Law in its performance under this Agreement.

13.2 ALEX Tech Limited Warranties

ALEX Tech warrants that the Platform will operate substantially in accordance with its published documentation. In the event of a documented failure, ALEX Tech's sole obligation, and your sole remedy, is (a) commercially reasonable efforts to correct the failure, and (b) where the failure materially affects a Tenant's use, SLA credits per the SLA. This §13.2 warranty is subject to the disclaimers in §13.3 and does not apply to Evaluation Users or Evaluation Access (see §5.5(c)) or to Beta Features (see §3.5(b)).

13.3 Disclaimers

EXCEPT AS EXPRESSLY SET OUT IN §13.2 AND SUBJECT TO §13.4, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OF DATA, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WITHOUT LIMITING THE FOREGOING, ALEX TECH DOES NOT WARRANT THAT AI MODEL OUTPUTS ARE FREE FROM ERROR OR SUITABLE FOR ANY PARTICULAR CLINICAL DECISION (SEE §8.6), AND ALEX TECH DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR SPECIFIC REGULATORY OR COMMERCIAL REQUIREMENTS UNLESS EXPRESSLY AGREED IN A WRITTEN CONTRACT SIGNED BY AN AUTHORISED OFFICER OF ALEX TECH.

13.4 Statutory Rights Preservation

Nothing in this §13 or elsewhere in the Agreement excludes, restricts, or modifies any statutory or common-law right, warranty, guarantee, or remedy that Applicable Law provides and that cannot be excluded, restricted, or modified by contract - including without limitation (a) US state consumer laws, (b) EU consumer-protection directives and UK equivalents, (c) Singapore Unfair Contract Terms Act 1977 and Consumer Protection (Fair Trading) Act 2003, (d) Thailand Consumer Protection Act B.E. 2522, (e) Malaysia Consumer Protection Act 1999, (f) Philippines Consumer Act (RA 7394), (g) India Consumer Protection Act 2019, (h) Australia Consumer Law under Schedule 2 of the Competition and Consumer Act 2010. Where any such right, warranty, guarantee, or remedy applies, our liability is limited to the maximum extent permitted by that Applicable Law.

13.5 US Export Controls and Sanctions

You represent, warrant, and undertake to ALEX Tech that:

• (a) you are not located in, ordinarily resident in, a national of, or organised under the laws of Cuba, Iran, North Korea, Syria, the Crimea region, the so-called Donetsk People's Republic, the so-called Luhansk People's Republic, or any other country or region that is the subject of comprehensive United States, European Union, United Kingdom, or Singapore trade sanctions or embargoes (each a "Sanctioned Region");
• (b) you are not, and are not owned (directly or indirectly, in whole or in the aggregate to a level triggering derivative sanctions) or controlled by any person that is, identified on the United States Department of the Treasury Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons List, the Sectoral Sanctions Identifications List, the Foreign Sanctions Evaders List, the Non-SDN Chinese Military-Industrial Complex Companies List, the United States Department of Commerce Entity List or Denied Persons List, the European Union Consolidated Financial Sanctions List, the United Kingdom OFSI Consolidated List, the Monetary Authority of Singapore consolidated sanctions lists, the United Nations Consolidated Sanctions List, or any analogous restricted-party list published by a competent governmental authority (each a "Restricted Party List");
• (c) you will not access, use, export, re-export, transfer, or disclose the Platform, any Platform Output, or any technology, software, or technical data received from ALEX Tech (i) to any Sanctioned Region, (ii) to any person identified on a Restricted Party List, (iii) for any end use prohibited by the United States Export Administration Regulations (15 C.F.R. Parts 730 to 774), the International Traffic in Arms Regulations (22 C.F.R. Parts 120 to 130), OFAC-administered sanctions programmes, European Union Council Regulation 2021/821 (recast) and the EU dual-use regime, the United Kingdom Export Control Order 2008, the Singapore Regulation of Imports and Exports Act 1995 and the Strategic Goods (Control) Act 2002, or any other applicable export-control or sanctions law (collectively, "Export Control Laws"); or (iv) in violation of any other Export Control Law; and
• (d) you will notify ALEX Tech promptly if any of the representations in this §13.5 becomes untrue, and ALEX Tech may suspend or terminate your access on immediate written notice under §16.2(b) on any such change or on becoming aware of any inaccuracy.

The undertakings in this §13.5 survive termination.

13.6 Anti-Corruption

Each party represents, warrants, and undertakes that:

• (a) it will comply with all Applicable Law relating to anti-bribery and anti-corruption, including without limitation the United States Foreign Corrupt Practices Act (15 U.S.C. §§ 78dd-1 et seq.), the United Kingdom Bribery Act 2010, the Singapore Prevention of Corruption Act (Cap. 241), and analogous anti-bribery or anti-corruption law of any jurisdiction in which it operates (collectively, "Anti-Corruption Laws");
• (b) it has not, and it will not, directly or indirectly, offer, promise, give, authorise, solicit, or accept any bribe, kickback, unlawful rebate, or other thing of value to or from any government official, healthcare professional, patient, employee of a Tenant or Partner, employee of ALEX Tech, or any other person, in each case for the purpose of (i) improperly influencing any act or decision relating to the Platform, the ALEX Network, any procurement, licensing, regulatory, or reimbursement decision, or any clinical referral; (ii) securing an improper advantage; or (iii) inducing any person to act in breach of a duty of good faith or trust;
• (c) it maintains, and will continue to maintain, reasonable and appropriate policies, procedures, and internal controls designed to prevent and detect breach of Anti-Corruption Laws by it and its personnel; and
• (d) it will notify the other party promptly on becoming aware of any breach or suspected breach of this §13.6 relating to the Platform.

A breach of this §13.6 is a material breach of these Terms and grounds for immediate termination under §16.2(b).

Part 14 - Indemnification

14.1 Indemnification by You

You will defend, indemnify, and hold harmless ALEX Tech, its affiliates and licensors, and its and their respective directors, officers, employees, and agents (each an "ALEX Tech Indemnitee") from and against any third-party claim, demand, action, proceeding, damage, loss, cost, liability, or expense (including reasonable legal fees) (a "Claim") arising out of or related to (a) your violation of these Terms, Applicable Law, or the rights of any third party; (b) your User Content or your use of the Platform outside the scope of the licence in Part 4; (c) for Tenants, any patient claim arising from the Tenant's clinical decisions or failure to comply with Tenant obligations under §5.2 or under the Tenant MSA / DPA / BAA; (d) any misrepresentation of your authority under §2.4; and (e) for Evaluation Users, the matters set out in §5.5(i), which are cumulative with and additional to (not in substitution for) this §14.1.

14.2 Indemnification by ALEX Tech (IP Indemnification)

ALEX Tech will defend, indemnify, and hold harmless Tenants and Partners from and against any Claim by an unaffiliated third party alleging that your authorised use of the Platform infringes any patent, copyright, trade mark, or trade-secret right of that third party, subject to (a) prompt written notice of the Claim; (b) sole control of defence and settlement by ALEX Tech (with reasonable consultation); (c) reasonable cooperation from you; and (d) the exclusions in §14.3. ALEX Tech's aggregate liability under this §14.2 is subject to, and does not exceed, the aggregate liability cap applicable to that Tenant or Partner under §15.2(a), unless a higher amount is expressly agreed in a signed Tenant MSA or Partner Ecosystem Agreement.

14.3 Exclusions from ALEX Tech IP Indemnification

The §14.2 indemnification does not apply to any Claim to the extent it arises from (a) your use of the Platform in combination with any product, service, or data not provided by ALEX Tech, where the Claim would have been avoided but for the combination; (b) your use of the Platform in violation of these Terms; (c) modifications to the Platform not made by or authorised by ALEX Tech; or (d) your continued use of an allegedly infringing version of the Platform after ALEX Tech has made a non-infringing alternative reasonably available.

14.4 Remedies for Alleged Infringement

Where a Claim under §14.2 arises or is reasonably likely, ALEX Tech may, at its option and expense, (a) procure the right for you to continue using the Platform; (b) modify or replace the Platform to make it non-infringing while preserving substantially equivalent functionality; or (c) if (a) and (b) are not commercially reasonable, terminate the affected Platform access on refund of pre-paid fees for the terminated period. This §14.4 states ALEX Tech's entire liability and your exclusive remedy for third-party IP infringement claims.

14.5 Indemnification Procedure

The indemnified party will (a) give the indemnifying party prompt written notice of the Claim; (b) give the indemnifying party sole control of defence and settlement (provided that no settlement admitting liability or imposing non-monetary obligations on the indemnified party may be made without the indemnified party's prior written consent, not to be unreasonably withheld); and (c) provide reasonable cooperation at the indemnifying party's expense.

Part 15 - Limitation of Liability

15.1 Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO §15.3 (STATUTORY RIGHTS) AND §15.4 (EXCLUSIONS FROM LIABILITY CAP), NEITHER PARTY IS LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR LOSS OF ANTICIPATED SAVINGS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15.2 Aggregate Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO §15.3 AND §15.4, THE AGGREGATE LIABILITY OF EACH PARTY UNDER OR IN CONNECTION WITH THIS AGREEMENT IS LIMITED TO:

• (a) FOR A TENANT OR PARTNER: THE GREATER OF (I) THE FEES PAID OR PAYABLE BY YOU TO ALEX TECH UNDER THE APPLICABLE TENANT MSA OR PARTNER ECOSYSTEM AGREEMENT IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) USD 100,000 (WHERE THE TENANT OR PARTNER RELATIONSHIP IS LESS THAN 12 MONTHS OLD OR OTHERWISE HAS NO REFERENCE-PERIOD FEES), OR SUCH HIGHER AMOUNT AS EXPRESSLY AGREED IN A SIGNED TENANT MSA OR PARTNER ECOSYSTEM AGREEMENT;
• (b) FOR A PATIENT USING THE PATIENT APPLICATION ON A DIRECT-TO-CONSUMER BASIS: THE GREATER OF (I) THE FEES PAID BY YOU TO ALEX TECH FOR THE PATIENT APPLICATION IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) USD 500;
• (c) FOR A CORPORATE VISITOR WHO HAS NOT PAID ANY FEES: USD 100.

15.3 Statutory Rights Preservation

Nothing in this §15 excludes, restricts, or modifies (a) any liability for death or personal injury caused by negligence; (b) any liability for fraud or fraudulent misrepresentation; (c) any liability that Applicable Law does not permit to be excluded, restricted, or modified; or (d) any statutory or common-law right, warranty, guarantee, or remedy that Applicable Law provides and that cannot be excluded, restricted, or modified by contract. The limitations in this §15 apply only to the maximum extent permitted by Applicable Law.

15.4 Exclusions from Liability Cap

The aggregate cap in §15.2 does not apply to (a) either party's breach of Part 12 (Confidentiality); (b) either party's indemnification obligations under Part 14 (subject, in the case of ALEX Tech's IP indemnification under §14.2, to the cap expressly stated in §14.2); (c) either party's fraud, gross negligence, or wilful misconduct; (d) violations of ALEX Privacy Notice §1.5 (Patient Data Sovereignty) - including any assertion of ownership of patient data by a Tenant, Partner, sub-processor, or successor in breach of §§1.5.3 to 1.5.10 of that Notice; (e) either party's failure to pay amounts due; or (f) any liability that cannot be capped under Applicable Law.

15.5 Allocation of Risk

The limitations of liability in this Part 15 are a material part of the bargain between the parties, reflect the allocation of risk between them, and would not be agreed to without them. The parties acknowledge that the fees paid by you for the Platform reflect these limitations.

Part 16 - Suspension and Termination

16.1 Termination by You

You may terminate your account at any time by (a) for Patients, using the in-application account-closure workflow or emailing privacy@alexcare.tech; (b) for Tenants and Partners, in accordance with the termination provisions of the Tenant MSA or Partner Ecosystem Agreement.

16.2 Termination or Suspension by ALEX Tech

We may suspend or terminate your access to the Platform (a) for cause on notice if you materially breach these Terms and, where the breach is capable of cure, fail to cure within 30 days of receiving notice; (b) immediately on written notice if you (i) breach Part 6 in a way that materially affects Platform security or user safety, (ii) become insolvent, or (iii) engage in conduct that exposes ALEX Tech, other users, or patients to material risk; (c) for convenience with 60 days' written notice to Tenants and Partners, and reasonable notice to Patients (in each case with pro-rated refund of unused prepaid fees); (d) as required by Applicable Law; or (e) in respect of an Evaluation User, at any time in accordance with §5.5 (which prevails over §16.2(a) to (c) as to Evaluation Users).

16.2A Refusal, Suspension, and Termination on Competitive Grounds

Notwithstanding §16.2(a) to (c) and without limiting §5.5 or §6.1(h):

• (a) ALEX Tech may refuse to register, refuse to admit, or refuse to continue Platform access for any person or Organisation that ALEX Tech reasonably determines to be a Competitor or to be acting for or on behalf of a Competitor (see the definition of "Competitor" in §1.5);
• (b) where ALEX Tech reasonably determines that an existing Patient, Tenant, Tenant Workforce User, Partner, Evaluation User, or Corporate Visitor is a Competitor, is acting for or on behalf of a Competitor, or has provided or is likely to provide Platform Output or Platform functionality intelligence to a Competitor, ALEX Tech may (i) immediately suspend that person's or Organisation's access to the Platform without prior notice, and (ii) terminate that person's or Organisation's access on written notice; and
• (c) where ALEX Tech exercises the termination right under §16.2A(b) against a Tenant or Partner, the 60-day convenience notice period in §16.2(c) does not apply, ALEX Tech will provide a pro-rated refund of unused prepaid fees for the terminated period, and the transition-and-export window in §16.4 does not apply (the export commitment in §16.4(b) is unavailable in a §16.2A termination).

The exercise of ALEX Tech's rights under this §16.2A is not, and will not be construed as, a waiver of any other right or remedy of ALEX Tech under this Agreement or at law.

16.3 Effect of Termination

On termination: (a) your licence to use the Platform ends; (b) unused prepaid fees are refunded on a pro-rated basis except where termination is by us for your material breach or under §16.2A; (c) you must cease using the Platform; and (d) each party will return or destroy the other's Confidential Information subject to reasonable backup-window retention.

16.4 Data Export and Deletion

Consistent with ALEX Privacy Notice §1.5.7 (Insolvency and Wind-Down) and Part 10 of the Privacy Notice, on termination you have the right to a commercially reasonable export of data you have provided to the Platform in a machine-readable format based on the export capability generally available at the time of termination, delivered within a reasonable transition window (target 30 days for Tenants and Patients unless a shorter period is required by Applicable Law and subject to the capability then available). Where the Platform's FHIR R4 export capability is generally available as at the time of termination, that capability will be used for clinical data. The export commitment is (i) a single delivery of the standard export bundle then available, (ii) subject to your discharge of all payment obligations then due, and (iii) does not include custom transformations, iterative or bespoke re-delivery, or export formats not then generally available. This §16.4 does not apply to Evaluation Users (see §5.5(f)) and does not apply on termination under §16.2A. Thereafter, we will delete your data from active systems in accordance with clinical-record retention law, tax-record retention law, legal-hold obligations, and the deletion-certification commitment to Patients per Privacy Notice §1.5.7(d).

16.5 Survival

The following provisions survive termination: §3.5(h) (Beta Feature confidentiality, in addition to and without limiting general Part 12 survival), Part 4.2, 4.2A, 4.2B (Restrictions and downstream binding), Part 4.3 (Reservation of Rights), Part 4.4 (Feedback), §5.5(g) to §5.5(j) (Evaluation-User survival), Part 7.5 (De-identified analytics, as to data derived before termination), Part 7.6 (DMCA), Part 10 (Data protection), Part 12 (Confidentiality), Part 13.3 (Disclaimers), Part 13.4 (Statutory rights), §13.5 (Export controls and sanctions), §13.6 (Anti-corruption), Part 14 (Indemnification), Part 15 (Limitation of liability), Part 16.3 to 16.5, Part 17 (Force Majeure, as to prior events), Part 18 (Notices), Part 19 (Governing law and dispute resolution), Part 20 (General provisions), and any other provision that by its nature is intended to survive.

Part 17 - Force Majeure

Neither party is liable for failure or delay in performance to the extent caused by an event beyond that party's reasonable control - including natural disaster, pandemic, war, terrorism, civil unrest, government action, regulatory change, failure of common carriers, failure of the public internet or public telecommunications infrastructure, and cybersecurity incidents affecting a third-party sub-processor despite our commercially reasonable safeguards. The affected party must (a) promptly notify the other; (b) use commercially reasonable efforts to mitigate; and (c) resume performance as soon as reasonably practicable. Payment obligations are not excused by Force Majeure. Where a Force Majeure event continues for more than 60 consecutive days and materially impairs the affected party's performance, the other party may terminate the affected Agreement on written notice with pro-rated refund of pre-paid fees.

Part 18 - Notices

Notices under this Agreement must be in writing. ALEX Tech notices to you may be sent by (a) email to the address on your account, (b) in-application notification, or (c) posting on the Platform. Your notices to ALEX Tech must be sent to legal@alexcare.tech and, for formal legal notices, by courier to 68 Circular Road, #02-01, Singapore 049422 with a copy to legal@alexcare.tech. Notices are effective on the earlier of (i) receipt or (ii) 3 Business Days after despatch by courier.

Part 19 - Governing Law and Dispute Resolution

19.1 Governing Law

These Terms are governed by the laws of Singapore, without regard to conflict-of-laws principles. This does not displace any mandatory consumer-protection or data-protection law applying to a Patient or Corporate Visitor in their country of residence.

19.2 Good-Faith Consultation

Before commencing formal dispute resolution, the parties agree to attempt to resolve any dispute through good-faith consultation at senior-management level for at least 30 days from written notice of the dispute. This §19.2 does not apply to (a) claims for injunctive or equitable relief; (b) claims of infringement or misappropriation of intellectual property; or (c) statutory data-subject-rights complaints, which may proceed at any time.

19.3 Dispute Resolution for Tenants and Partners

Disputes between ALEX Tech and a Tenant or a Partner arising out of or in connection with this Agreement are resolved in accordance with the dispute-resolution provisions of the executed bilateral instrument between ALEX Tech and that counterparty (namely the Tenant Master Services Agreement in respect of a Tenant, and the Partner Ecosystem Agreement in respect of a Partner). Until such bilateral instrument has been executed between ALEX Tech and a given counterparty, no Tenant status or Partner status arises capable of giving rise to a dispute against these Terms in that capacity; any dispute arising in the interim period defaults to the courts identified in §19.4.

19.4 Court Jurisdiction (Patients, Corporate Visitors)

For disputes involving Patients (in a non-Tenant capacity) or Corporate Visitors, the exclusive jurisdiction is the courts of Singapore, without prejudice to the mandatory jurisdiction of the courts of the data subject's or consumer's country of residence where Applicable Law so provides. This §19.4 does not restrict your right to lodge a complaint with a supervisory authority for data-protection matters (see Privacy Notice Part 19).

19.5 Injunctive Relief Carve-Out

Either party may seek injunctive or equitable relief in the courts of Singapore, or in the courts of the counterparty's country of residence where Applicable Law so provides, to (a) protect Confidential Information, (b) protect intellectual property, (c) address violations of ALEX Privacy Notice §1.5 (Patient Data Sovereignty), or (d) address any other matter for which monetary damages are inadequate.

19.6 Statutory Consumer Rights

Where you are a consumer within the meaning of Applicable Law that provides mandatory rights, nothing in this Part 19 restricts those rights. In particular, consumers in the EEA and UK retain the right to bring proceedings in the courts of their country of residence in accordance with the Brussels I bis Regulation (recast) and analogous rules; consumers in Singapore, Thailand, Malaysia, the Philippines, and India retain rights under their local consumer-protection statutes, including the right of a consumer in India to approach a consumer forum constituted under the Consumer Protection Act 2019; consumers in the US retain rights under state consumer laws.

Part 20 - General Provisions

20.1 Assignment

You may not assign or transfer this Agreement or any right or obligation under it without our prior written consent. We may assign this Agreement (a) to an affiliate; (b) in connection with a merger, acquisition, or sale of all or substantially all of the relevant business, subject to the successor's assumption of obligations under this Agreement and to the Patient Data Sovereignty commitments in ALEX Privacy Notice §1.5.6.

20.2 Entire Agreement

This Agreement, together with the documents incorporated by reference in §1.4 and any Tenant MSA / DPA / BAA / Partner Ecosystem Agreement, constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior and contemporaneous agreements, representations, and understandings.

20.3 Severability

If any provision of this Agreement is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision is reformed to the minimum extent necessary to render it enforceable while preserving the parties' intent.

20.4 No Waiver

No failure or delay in exercising any right under this Agreement operates as a waiver of that right. A waiver of any breach does not waive any subsequent breach.

20.5 No Third-Party Beneficiaries - Exception for Patient Sovereignty

This Agreement is for the benefit of the parties and does not confer any rights on any third party - except that the Patient Data Sovereignty commitments in ALEX Privacy Notice §1.5 (and mirror provisions in the Tenant MSA, DPA, BAA, and Partner Ecosystem Agreement) are enforceable by the patient as an intended third-party beneficiary, notwithstanding the Contracts (Rights of Third Parties) Act 2001 (Singapore) or any equivalent statute. This §20.5 exception may not be varied without the patient's consent.

§20.5 Pre-Mirror-Execution Rider. The Patient's third-party-beneficiary right under this §20.5 operates through this Agreement itself and, additionally, through any executed Tenant MSA, DPA, BAA, and/or Partner Ecosystem Agreement that mirrors the Patient Data Sovereignty commitments of ALEX Privacy Notice §1.5. Where a Tenant or Partner has not yet executed a Tenant MSA, DPA, BAA, or Partner Ecosystem Agreement with ALEX Tech, the Patient's sovereignty rights described in ALEX Privacy Notice §§1.5.3 to 1.5.10 remain enforceable, and ALEX Tech Pte. Ltd. undertakes directly to the Patient the anti-appropriation and non-ownership commitments of those provisions as against the Tenant or Partner concerned, enforceable by the Patient against ALEX Tech Pte. Ltd. notwithstanding the absence of an executed mirror instrument. This rider ensures continuity of Patient sovereignty enforcement during the interim period before Tenant MSA, DPA, BAA, and Partner Ecosystem Agreement instruments are executed for a given Tenant or Partner. On execution of the applicable mirror instrument with a Tenant or Partner, this rider continues to operate in parallel with the direct rights the Patient acquires against that Tenant or Partner under the mirror instrument.

20.6 Relationship of Parties

The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship.

20.7 Modifications to These Terms

We may modify these Terms from time to time. For material changes that adversely affect Tenants or Partners, we will provide at least 30 days' advance notice. For Patients and Corporate Visitors, material changes will be notified by email, in-application notification, or website posting, with an effective date no less than 30 days from notification (except where a shorter period is required by Applicable Law or a security / safety concern). Continued use of the Platform after the effective date constitutes acceptance. Where you do not accept a material change and it adversely affects your use, you may terminate under §16.1 with pro-rated refund of pre-paid fees for the period after the effective date.

20.8 Order of Precedence

If there is a conflict among the documents forming this Agreement, the following order of precedence applies (highest to lowest): (a) a signed Tenant MSA, DPA, BAA, or Partner Ecosystem Agreement, in respect of the relevant relationship; (b) product-specific supplementary terms; (c) these Terms of Service; (d) the ALEX Privacy Notice (in respect of privacy matters, which prevail over these Terms); (e) the Cookie Policy (in respect of cookies), where that Policy has been made available to you; and (f) other documents incorporated by reference. In all cases, statutory rights that cannot be excluded prevail over any provision of this Agreement.

20.9 English Language Prevails

Where a translation of this Agreement is provided, the English text prevails in the event of conflict, except where Applicable Law of your jurisdiction requires the local-language text to prevail.

20.10 Interpretation

Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation". References to statutes include amendments and re-enactments. References to a party include successors and permitted assigns.

20.11 Publicity and Reference Customers

Except as expressly authorised in a signed Tenant MSA, Partner Ecosystem Agreement, or other written instrument executed by an authorised officer of each party, neither party will use the other party's name, logo, trade marks, service marks, or trade dress in any press release, marketing collateral, customer list, case study, public speech, external presentation, website, or other public-facing material. This §20.11 does not restrict either party from (a) making disclosures required by Applicable Law or by the rules of any securities exchange or governmental authority; (b) referring to the existence of this Agreement to prospective investors, acquirers, lenders, or professional advisers subject to reasonable obligations of confidentiality; or (c) internal use within the party's organisation. Notwithstanding the foregoing, and subject to Tenant's revocation right described in this §20.11, Tenant grants ALEX Tech a limited, non-exclusive, non-transferable, worldwide, royalty-free licence to (i) identify Tenant by name and reproduce Tenant's standard corporate logo and trade marks (as most recently provided or approved by Tenant) in ALEX Tech's public customer list on the alexcare.tech website and in generic ALEX Tech marketing materials that identify Platform customers as a group; and (ii) use Tenant's name and standard corporate logo in factual, non-endorsing statements that Tenant is a Platform customer. ALEX Tech will comply with Tenant's reasonable trade-mark usage guidelines to the extent provided. Tenant may revoke the licence in the preceding sentence at any time by written notice to legal@alexcare.tech, effective within thirty (30) days of receipt (or such shorter period as Applicable Law requires); on the effective date of revocation, ALEX Tech will remove Tenant's name and logo from the alexcare.tech website and cease further distribution of the affected marketing materials, provided that ALEX Tech is not required to recall or destroy materials already distributed. Any use beyond the scope of this §20.11 requires the prior written consent of the party whose marks are to be used.

Part 21 - Contact

Annex A - United States

• Consumer disputes in California may be pursued in the courts of California notwithstanding §19.4; California residents retain rights under CCPA/CPRA per ALEX Privacy Notice Annex A.
• Washington MHMDA and analogous consumer-health-data laws apply per Privacy Notice Annex A.5.
• US Business Associate counterparty. ALEX Tech Pte. Ltd. is the Business Associate counterparty for all US Covered Entity Tenants. As at the Effective Date, ALEX Tech Pte. Ltd. does not operate a US operating vehicle. If and when ALEX Tech Pte. Ltd. establishes or operates a US subsidiary or branch, that US operating vehicle may, in addition to or in substitution for the Singapore parent, act as BAA counterparty; until then, ALEX Tech Pte. Ltd. contracts directly. Any change of Business Associate counterparty from ALEX Tech Pte. Ltd. to a future US operating vehicle will be notified to affected Covered Entity Tenants before the change takes effect.
• Bankruptcy Consumer Privacy Ombudsman commitment per Privacy Notice Annex A.7.
• US Export Controls and Sanctions. The representations, warranties, and undertakings in §13.5 apply, and are enforceable, in respect of all US and US-nexus transactions.
• DMCA / § 512 Safe Harbor. The notice-and-takedown mechanism at §7.6 operates as ALEX Tech's designated DMCA regime; the designated agent contact is copyright@alexcare.tech. Registration of that agent with the United States Copyright Office under § 512(c)(2) is pending, and until it is effective ALEX Tech does not rely on the § 512(c) safe harbour.
• COPPA. Verifiable-parental-consent obligations are addressed in §2.1 and in the ALEX Privacy Notice Part 14.

Annex B - European Economic Area and United Kingdom

• Consumer users in the EEA and UK retain the right to bring proceedings in the courts of their country of residence per the Brussels I bis Regulation (recast) and UK equivalents, notwithstanding §19.4.
• Nothing in this Agreement derogates from consumer rights under EU consumer-protection directives (including the Consumer Rights Directive 2011/83/EU and Unfair Contract Terms Directive 93/13/EEC), the UK Consumer Rights Act 2015, or analogous rules.
• ALEX Tech has not designated an Article 27 GDPR or UK GDPR representative, because it does not, as at the Effective Date, offer the Platform to or monitor the behaviour of data subjects in the EEA or the UK within the meaning of Article 3(2) of either regime. A representative will be designated, and this Agreement and the Privacy Notice updated, before any such activity commences. See ALEX Privacy Notice Annex B.4.
• EU AI Act positioning per Privacy Notice §6.4 and this Agreement §8.7; Article 50 synthetic-content transparency per §8.8.
• Software Directive reverse-engineering carve-out. The reverse-engineering prohibition in §4.2(b) is subject to Article 6 of Directive 2009/24/EC as implemented in EU/EEA member state law and to equivalent United Kingdom provisions, in each case only to the minimum extent so permitted and only for the purpose so permitted.

Annex C - Singapore

• Consumers in Singapore retain rights under the Consumer Protection (Fair Trading) Act 2003, the Unfair Contract Terms Act 1977 (in relation to standard-form contracts and unreasonable exemption clauses), and the Sale of Goods Act 1979 as applicable.
• The Contracts (Rights of Third Parties) Act 2001 is expressly applied only for the limited purpose set out in §20.5 (Patient Data Sovereignty).
• PDPA-SG governs Personal Data Processing per ALEX Privacy Notice Annex C.
• Prevention of Corruption Act (Cap. 241) is addressed in §13.6.

Annex D - Thailand

• Consumers in Thailand retain rights under the Consumer Protection Act B.E. 2522 and successor amendments, and under the Unfair Contract Terms Act B.E. 2540.
• Where Applicable Law of Thailand requires that a Thai-language version of this Agreement prevail, the Thai version prevails to that extent.
• PDPA-TH governs Personal Data Processing per Privacy Notice Annex D.

Annex E - Malaysia

• Consumers in Malaysia retain rights under the Consumer Protection Act 1999 (as amended) and analogous consumer-protection rules.
• Where Applicable Law of Malaysia requires that a Bahasa Malaysia version of this Agreement prevail, the BM version prevails to that extent.
• PDPA-MY governs Personal Data Processing per Privacy Notice Annex E.

Annex F - Philippines

• Consumers in the Philippines retain rights under the Consumer Act (RA 7394) and analogous rules.
• Where Applicable Law of the Philippines requires local-language provisions, they apply.
• DPA-PH governs Personal Data Processing per Privacy Notice Annex F.

Annex G - India

• Consumers in India retain rights under the Consumer Protection Act 2019 and the rules and regulations made under it, including the Consumer Protection (E-Commerce) Rules 2020 where applicable to the Platform. Nothing in this Agreement excludes or limits those rights, and §19.4 does not displace the jurisdiction of a consumer forum constituted under that Act.
• The Digital Personal Data Protection Act 2023 governs the processing of digital personal data of Data Principals within India. ALEX Tech Pte. Ltd. acts as Data Fiduciary for that processing. The notice, consent, grievance-redressal, children's-data, cross-border-transfer, and Significant Data Fiduciary posture is set out in ALEX Privacy Notice Annex G.
• Grievances relating to the processing of personal data of Data Principals within India are directed to the Grievance Officer designated under section 8(10) of that Act, whose contact details are published in ALEX Privacy Notice Annex G §G.3 and Part 18. Recourse to the Data Protection Board of India is preserved and is not conditioned on prior recourse to ALEX Tech.
• Where the Platform is made available to a Data Principal who is a child within the meaning of section 2(f) of that Act, the restrictions in ALEX Privacy Notice Annex G §G.7 apply and prevail over §2.1 of this Agreement in respect of India to the extent of any inconsistency.
• The Information Technology Act 2000 and the rules made under it apply to the Platform as an intermediary or computer resource to the extent the Act so provides.

Annex H - Other Regions

• Australia (Australian Consumer Law under Schedule 2 of the Competition and Consumer Act 2010); Japan (APPI and consumer law); Hong Kong (PDPO and consumer law); UAE (PDPL and applicable consumer regulation); Saudi Arabia (PDPL); and other Applicable Data Protection Law and consumer-protection law apply as set out in ALEX Privacy Notice Annex H. Where a local regime provides statutory rights that cannot be excluded, those rights prevail over this Agreement to the extent of the conflict.

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End of ALEX Terms of Service