Last Updated: March 20, 2026

Welcome and thank you for your interest in Performant! These Terms of Use (this “Agreement” or these “Terms”) describe the terms and conditions applicable to your use of the site (the “Site”), the Performant mobile application (the “Mobile App”), and your use of our services and software provided on our Site, Mobile App, or any services, content, communications, and product features relating to the Site and Mobile App and as set forth in these Terms (collectively with the Site and Mobile App, the “Services”). The Site and Mobile App are owned and operated by Performant and its affiliates and subsidiaries (collectively the “Company”, “we” or “us”).

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS BY USING OUR SERVICES.

These Terms of Use (this “Agreement” or these “Terms”) form a binding agreement between you as a user (“you” or “your”) and us and shall be the equivalent of a written paper agreement between you and us. The effective date of this Agreement is when you accept or are deemed to accept this Agreement as discussed below.

NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION WITH A CLASS ACTION WAIVER AND A WAIVER OF THE RIGHT TO A JURY. PLEASE REVIEW SECTION 25 BELOW BEFORE ACCESSING OR USING OUR SERVICES.

We reserve the right to make modifications to these Terms at any time and for any reason. Please check these Terms regularly to ensure you are aware of any modifications made by us. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to these Terms of Use, you must immediately stop using our services.

Platform Services. Our Services include the following: (i) integrating user inputs from Apple Health accounts and other third-party providers of health data and information (hereinafter referred to as “Third-Party Sources”); and (ii) utilizing data from the Third-Party Sources to generate health scoring metrics and general reference information, facilitating users in accessing their health-related data and reference information conveniently through our Services. You acknowledge and consent to our discretion in modifying, updating, or otherwise altering these Services. Please be aware that the availability and functionality of Third-Party Sources are governed by their respective terms of use.

Acknowledgement and Disclaimers. By using our Services, you acknowledge and agree to the following:

Our Services are for general health, fitness, and wellness information purposes only. You should not rely on this information as a substitute for, nor does it replace medical advice, diagnosis, or treatment. Nothing stated or posted on our Services or provided by us is intended to be, and must not be taken to be, the practice of medical, mental health, physical therapy, professional or counseling care. You acknowledge that information on our platform does not come from licensed medical doctors and that we do not diagnose or treat any illnesses, injuries or diseases, or prescribe medicine for treatment of any disease.

The Services, including all information, text, photographs, images, illustrations, graphics, audio, video, and audio-video clips, and other materials, whether provided by us or via Third-Party Sources, is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, or a (b) a visit, call, or consultation with your physician or other medical professionals.

Should you have any health-related questions, please call or see your physician or other medical provider promptly. You should never disregard medical advice or delay in seeking medical advice because of any information presented on the Services, and you should not use the Services or any information provided in the Services for diagnosing or treating a health problem. The transmission and receipt of Services, in whole or in part, or communication via the internet, email, or other means does not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and us.

You should always consult a physician before making any changes to your sleep or activity based on information provided through the Services, or if you have any questions regarding a medical condition. We are not responsible for any health problems that may result from information you learn about through the Services. If you make any change to your sleep or activity based on the Services, you agree that you do so fully at your own risk. It is important to be sensitive to your body's responses. For example, if you feel unexpected, repeating, or long-term pain, or fatigue or discomfort due to having made changes to your sleep or activity, it is recommended that you consult a physician before continuing with such changes. The information in the Services may be misleading if your physiological functions and responses differ significantly from population averages due to medical conditions or rare natural differences.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” OR YOUR RELEVANT EMERGENCY NUMBER IMMEDIATELY.

General. Subject to the terms of this Agreement, you are responsible for your use of the Services, and for any information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, logos and trade-names (collectively, the “Content”) you post to the Services, any Content you access from the Services, and for any consequences thereof.

Privacy. By accessing or using the Services, you intend to and expressly agree to be bound by all the terms and conditions of this Agreement and our Privacy Policy (available on request) (the “Privacy Policy”), which is incorporated herein by reference. If you do not agree to these terms and conditions, you may not use the Services. Any information that you provide to us is subject to the Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use of your information as set forth in the Privacy Policy.

1. Accounts. Some Services offered by the Company require you to create an account. If you create an account, you agree that all the information you provide will be true and accurate, and that you have the authority to create the account. You are responsible for keeping your account information secure and confidential. You agree to inform us immediately if you suspect that your account or login information has been compromised. If you provide the Company an email address as part of an account creation, the Company may furnish you with written correspondence regarding your account and/or other Company related material, including promotional materials.

Eligibility. You may provide access to the Services to other users within your organization as authorized by us and/or by your subscription level to our Services in place from time to time (each, an “Authorized User”). You are solely responsible for Authorized User activities and interaction with the Services. You agree to ensure all Authorized Users are aware of all restrictions of use in these Terms, the Privacy Policy, and any other rules or requirements applicable to the Services. You agree to cause Authorized Users to comply with such provisions. You are solely responsible for all actions taken by and interactions with Authorized Users, including providing any disclosures governing an Authorized User’s interaction with the Services, and any applicable Privacy Policy or further obligations required by us or any applicable law. Any obligation imposed on you by these Terms shall be applicable to you and to any Authorized User.

By using our Services, you represent and warrant that you and each Authorized User:

If an individual, are at least 18 years old;

Are legally qualified to enter a binding contract with us;