Terms for using Nakama Health

Key Definitions

For clarity, the following definitions apply:

• “Account” means the user account you create to access the Services.
• “Member” means an individual invited to access Nakama Health through an activated cohort program.
• “Operator” means an organization authorized under a written agreement to administer defined parts of a Program.
• “Program” means a cohort-specific, sponsor-funded health-support program operated through the Services under approved written terms.
• “Program Budget” means the sponsor-funded amount approved and set aside for a Program before Members are invited.
• “Support Request” means a request submitted under a Program’s approved terms.
• “Content” means any text, images, files, documents, data, and other materials submitted to, stored in, or generated through the Services.
• “Third-Party Services” means third-party products or services that interoperate with the Services (e.g., payment processors, wallet providers, identity-verification services).
• “You” or “User” means the individual using the Services; if you use the Services on behalf of an Operator, “you” includes you in your capacity as its authorized representative.

Eligibility (18+ Only)

The Services are intended only for adults. You must be at least 18 years old to access or use the Services. By using the Services, you represent and warrant that you are 18 or older and legally capable of entering into these Terms. Access to a Program also requires inclusion in the approved cohort and meeting that Program’s eligibility terms.

Account Registration and Security

You may maintain one Account per individual. You are responsible for maintaining the confidentiality of your credentials and for all activity under your Account, and you agree to notify us promptly of any unauthorized use. You agree to provide accurate, current, and complete information and to keep it updated.

The Services

Nakama Health provides a platform that helps international cohort organizers design and operate sponsor-funded health-support Programs. The Services may include cohort access checks, approved terms, private support requests, review preparation, appeal workflows, approved-payment facilitation, and privacy-safe reporting.

We may add, remove, modify, suspend, or discontinue any part of the Services at any time, including features, integrations, and availability in certain regions. Some features may be limited by region, platform, device compatibility, or third-party availability.

Program Funding and Support Requests

The sponsor funds the approved Program Budget before Members are invited. Available support, limits, exclusions, required documents, timing expectations, decision authority, and the appeal path are defined in the approved Program terms. Support Requests are considered under those terms by authorized people, and any payment is subject to approval and available Program funds. Payments may use Third-Party Services and are subject to their terms. Submitting false or fraudulent eligibility or request information is prohibited and may result in denial, removal from the Program, and other action.

Health, Medical, and Safety Disclaimers

The Services are provided for general informational purposes only and do not constitute medical advice, diagnosis, or treatment. Nakama Health is not a healthcare provider, and your use of the Services does not create a doctor–patient relationship. The Services are not intended for medical emergencies — if you believe you are experiencing an emergency, call local emergency services immediately. You remain solely responsible for your health decisions and should consult a qualified healthcare professional before making them.

Third-Party Services and Integrations

The Services may integrate with Third-Party Services such as payment processors, wallet providers, and identity-verification services. These are not under our control and may change, malfunction, restrict access, or be discontinued. Data from them may be inaccurate, delayed, or unavailable. Your use of Third-Party Services is governed by their terms, and we are not responsible for their actions, outages, or data-handling practices.

Communications and Notifications

You consent to receive communications from us electronically, including email, in-app notices, and push notifications. These may include service announcements, security alerts, updates, and account-related messages. Where third-party messaging channels are used, delivery depends on third-party systems and may be delayed or unavailable.

Acceptable Use and Prohibited Conduct

You agree not to misuse the Services. Prohibited conduct includes, without limitation:

• Violating any applicable law, regulation, or third-party rights.
• Submitting false, misleading, or fraudulent eligibility or claims information.
• Attempting to access another user’s account or data without authorization.
• Circumventing usage limits, access controls, or security mechanisms.
• Reverse engineering or attempting to derive source code or system logic, except where permitted by law.
• Using automated systems to extract data or overload the Services without our written permission.
• Introducing malware or attempting to disrupt, degrade, or compromise the Services.
• Harassing, threatening, or abusing others.

We may investigate and take appropriate action, including removing Content, restricting access, and reporting unlawful activity to authorities.

User Content and Permissions

You retain ownership of the Content you submit, subject to the license below. You grant Nakama Health a worldwide, non-exclusive, royalty-free license to host, store, process, and use your Content solely to provide and operate the Services, administer your Program and Support Requests, maintain security and performance, provide support, and comply with legal obligations. If you upload sensitive data (including medical records or personal documents), you do so voluntarily and represent that you have all rights and permissions necessary to do so.

Feedback

If you submit feedback, suggestions, or ideas, you grant Nakama Health a perpetual, irrevocable, worldwide, royalty-free right to use, modify, and incorporate them into the Services without compensation or obligation to you.

Intellectual Property

The Services, including software, designs, graphics, trademarks, and logos, are owned by OMEGAX HEALTH FZCO and/or its licensors. These Terms do not transfer any ownership rights to you. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for your permitted use. You may not copy, modify, distribute, sell, lease, or create derivative works of the Services except as expressly permitted by law or by us in writing.

Operator and Program Provisions

If you access the Services through an Operator, or use the Services to run a Program:

• Your access may be provisioned, managed, or revoked by the Operator of your Program.
• Administering a Program may require sharing certain limited information with the Operator (such as activation and cohort status), subject to the Privacy Policy, your settings, and applicable law.
• Operator arrangements may be governed by a separate written agreement. Where there is a conflict, that agreement controls for the matters it covers.

Privacy

Our Privacy Policy describes how we collect, use, store, and share personal information. By using the Services, you acknowledge that you have read and understood the Privacy Policy.

Suspension and Termination

We may suspend or terminate your Account or access (in whole or in part) if we reasonably believe you have violated these Terms, pose a security, legal, or operational risk, are abusing or attempting to circumvent the Services, or where we are required to do so by law or to protect users. You may stop using the Services at any time. Account deletion requests are handled as described in our Privacy Policy and may be subject to lawful retention obligations.

Disclaimers

To the maximum extent permitted by law, the Services are provided “AS IS” and “AS AVAILABLE.” Nakama Health disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and availability. We do not warrant that the Services will be uninterrupted, error-free, secure, or compatible with all devices.

Limitation of Liability

To the maximum extent permitted by law:

1. Nakama Health will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or any loss of profits, revenue, goodwill, business interruption, or data, arising out of or related to the Services or these Terms.
2. Nakama Health’s total liability for all claims arising out of or related to the Services or these Terms will not exceed the greater of the amount you paid to Nakama Health in the 12 months preceding the event giving rise to the claim, or USD $100.

For the avoidance of doubt, the sponsor-funded Program Budget is separate from fees paid to Nakama Health for the Services. Nothing in these Terms limits liability that cannot legally be limited.

Indemnification

You agree to defend, indemnify, and hold harmless OMEGAX HEALTH FZCO and its affiliates, officers, directors, employees, and contractors from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your Content, your violation of these Terms, or your violation of any applicable law or third-party rights.

Dispute Resolution and Arbitration

Informal resolution first. Before initiating arbitration, you agree to contact us at [email protected] with a written description of the dispute and your desired resolution. We will attempt to resolve it informally within 30 days.

Binding arbitration. If informal resolution fails and you are using the Services as a consumer, you and Nakama Health agree that any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by the Dubai International Arbitration Centre (DIAC) under its rules in effect at the time. The seat of arbitration is Dubai, United Arab Emirates; the language is English; and there will be one arbitrator unless the DIAC rules require otherwise.

Class-action waiver. To the maximum extent permitted by law, disputes must be brought on an individual basis only, and you and Nakama Health waive any right to bring or participate in a class action, class arbitration, or representative proceeding. Either party may still seek injunctive or equitable relief to protect intellectual property rights, prevent unauthorized access, or address security threats. If mandatory arbitration or the class waiver is unenforceable under applicable law, that provision will not apply to the extent prohibited, and such disputes will be resolved under the Governing Law and Venue section.

Governing Law and Venue

These Terms are governed by the laws of the United Arab Emirates, as applicable in the Emirate of Dubai, without regard to conflict-of-laws principles. To the extent a dispute is not subject to arbitration (or arbitration is unenforceable), the courts of Dubai, UAE will have jurisdiction, unless applicable law requires otherwise.

Changes to These Terms

We may update these Terms from time to time. The “Updated” date above indicates when changes were made. Continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms.

Miscellaneous

• Entire agreement: These Terms, together with the Privacy Policy and any posted notices, form the entire agreement regarding your use of the Services, except where a separate written agreement applies.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• No waiver: Failure to enforce a provision is not a waiver.
• Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.
• Force majeure: We are not liable for delays or failures due to events beyond our reasonable control.
• Electronic notices: You consent to receiving notices electronically.

Contact

For questions about this Terms & Conditions, contact OMEGAX HEALTH FZCO (operating as Nakama Health) by email at [email protected].