IMPORTANT NOTICE

This Copyright and DMCA Policy ("Policy") describes the policies and procedures of The Senior Wellness Company, doing business as MedQuiry ("MedQuiry," "we," "our," or "us"), concerning copyright, intellectual property rights, notifications of claimed copyright infringement, counter-notifications, and related matters arising from access to or use of the MedQuiry websites, hosted platform, applications, application programming interfaces, stored-study and Personal Locker functionality, scoring services, reports, documentation, and related products and services (collectively, the "Services").

MedQuiry respects the intellectual property rights of authors, researchers, publishers, journals, institutions, users, and other rights holders. Users of the Services are required to do the same.

This Policy should be read together with the MedQuiry Terms of Service, Acceptable Use Policy, Privacy Policy, API Terms of Use, and any applicable Enterprise License Agreement, Order Form, or other agreement governing use of the Services (collectively, the "Agreement").

Capitalized terms not defined in this Policy have the meanings assigned to them in the applicable Agreement.

This Policy is intended, among other things, to establish procedures relating to notifications and counter-notifications under the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"), where applicable.

Nothing in this Policy constitutes a representation or warranty that any particular activity, material, function, or aspect of the Services qualifies for a limitation of liability or safe harbor under the DMCA or any other law.

1. RESPECT FOR INTELLECTUAL PROPERTY RIGHTS

MedQuiry respects copyrights and other intellectual property rights.

You may use the Services only with materials that you are legally authorized to submit, store, process, access, copy, transmit, or otherwise use in connection with the Services.

You must not use the Services to infringe or facilitate infringement of another person's or entity's:

• copyright;
• trademark;
• trade secret;
• database right;
• publication or licensing right;
• contractual right;
• moral right;
• right of attribution; or
• other intellectual property or proprietary right.

Nothing in this Policy is intended to restrict lawful fair use, licensed use, public-domain use, or any other use permitted by applicable law.

2. PUBLISHED STUDIES AND THIRD-PARTY MATERIALS

MedQuiry analyzes published medical and scientific research. Research studies and other materials processed through the Services may be protected by copyright or other intellectual property rights owned by authors, publishers, journals, institutions, licensors, or other third parties.

The inclusion, identification, retrieval, submission, storage, processing, analysis, scoring, citation, or reference to a publication through the Services does not transfer ownership of that publication to MedQuiry.

Copyright and other intellectual property rights in third-party publications remain with their respective rights holders.

MedQuiry's analysis or scoring of a publication does not constitute a claim by MedQuiry that it owns, publishes, distributes, licenses, sponsors, or endorses the underlying publication.

References within the Services to third-party publications, authors, journals, publishers, trademarks, databases, or other sources are for identification, analytical, informational, or research purposes and do not imply affiliation, sponsorship, approval, or endorsement unless MedQuiry expressly states otherwise.

3. USER-SUBMITTED AND STORED MATERIALS

The Services may permit users to submit or provide research studies and other materials through methods including:

• uploading a study PDF or other supported file;
• submitting a Digital Object Identifier ("DOI");
• submitting a PubMed Identifier ("PMID");
• providing another supported citation or identifier;
• using an authorized API or integration; or
• using other submission methods made available through the Services.

An uploaded study PDF may be retained and stored in a Personal Locker or other authorized account-based, project-based, repository, or storage functionality provided through the Services.

You remain responsible for materials that you submit or direct MedQuiry to retrieve, including while those materials remain stored through the Services.

By submitting material to the Services, you represent and warrant that you own, control, license, or otherwise possess all rights, permissions, authorizations, consents, and lawful bases necessary for MedQuiry to receive, host, store, reproduce, access, process, analyze, copy, transmit, retrieve, transform, and otherwise use the material as contemplated by the Agreement.

You must not submit or store material if doing so, or MedQuiry's processing of the material as contemplated by the Agreement, would violate:

• copyright or other intellectual property law;
• a publisher or database license;
• institutional access restrictions;
• subscription or publication terms;
• contractual restrictions;
• confidentiality obligations; or
• other applicable legal obligations.

Acceptance, storage, processing, or scoring of submitted material does not constitute MedQuiry's determination that the submission or use is authorized or lawful.

MedQuiry does not undertake to verify the copyright or licensing status of every study or other material submitted by a user.

4. MEDQUIRY'S LIMITED RIGHTS IN SUBMITTED MATERIALS

Submission or storage of a publication through the Services does not transfer ownership of the publication to MedQuiry.

Rights granted to MedQuiry in User Content or Customer Content are limited to the rights described in the applicable Agreement.

Consistent with that Agreement, MedQuiry may receive, host, store, reproduce, access, process, analyze, copy, transmit, retrieve, transform, or otherwise use submitted material only as reasonably necessary for authorized purposes such as:

1. performing scoring, analysis, or other functionality requested or initiated by the user or customer;
2. retaining and making an uploaded study PDF available through authorized Personal Locker, account, repository, project, or similar functionality;
3. providing support requested by the user or customer;
4. operating, securing, maintaining, auditing, and administering the Services;
5. investigating fraud, misuse, security incidents, or disputes;
6. complying with applicable law or legal process; and
7. enforcing the Agreement.

Except as otherwise expressly authorized by the applicable rights holder or Agreement, MedQuiry does not acquire the right merely through a user's submission of a study to use the study's contents for MedQuiry's own independent research, model training or fine-tuning, scoring-model or rubric improvement, product development, benchmarking, dataset creation, licensing, commercialization, or analyses unrelated to providing the requested Services.

5. DESIGNATED DMCA AGENT

Notifications of claimed copyright infringement under the DMCA should be directed to MedQuiry's designated agent:

Designated Copyright Agent

Richard O'Neill

The Senior Wellness Company

d/b/a MedQuiry

P.O. Box 24

Califon, New Jersey 07830

Telephone: 908-391-4356

Email: copyright@medquiry.com

General legal correspondence that does not constitute a DMCA notification may be sent to legal@medquiry.com.

Sending a communication to another MedQuiry employee, contractor, email address, support channel, or business contact may not constitute effective delivery to MedQuiry's designated agent for purposes of the DMCA.

6. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

If you are a copyright owner or are authorized to act on behalf of a copyright owner and believe that material residing on or accessible through the Services infringes an exclusive right under copyright law, you may submit a written notification of claimed infringement to MedQuiry's designated agent.

To be effective under 17 U.S.C. § 512(c)(3), a notification should include substantially all of the following:

1. Signature. A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of those works.
3. Identification of the allegedly infringing material. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that the complaining party requests be removed or have access disabled, together with information reasonably sufficient to permit MedQuiry to locate the material. Because material may be stored privately within an account or Personal Locker rather than displayed on a publicly accessible webpage, identifying information may include, where available, a study title, author, journal, DOI, PMID, publication date, account-related information, file identifier, report identifier, URL, or other information reasonably sufficient for MedQuiry to identify the material.
4. Contact information. Information reasonably sufficient to permit MedQuiry to contact the complaining party, such as the complaining party's name, mailing address, telephone number, and, if available, email address.
5. Good-faith statement. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. Accuracy and authority statement. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A notification that does not substantially comply with applicable statutory requirements may be ineffective under the DMCA and may delay MedQuiry's ability to investigate or respond.

MedQuiry may contact a complaining party to request information reasonably necessary to complete or clarify a notice.

7. MEDQUIRY'S RESPONSE TO COPYRIGHT NOTICES

Upon receiving a notification of claimed infringement, MedQuiry may take actions that it reasonably determines are appropriate under the circumstances and applicable law.

Such actions may include:

• reviewing the notification for substantial compliance with applicable requirements;
• requesting additional information;
• identifying the material at issue;
• investigating relevant account or storage records;
• removing or disabling access to material;
• quarantining material;
• declining to process or retain material;
• notifying the user or customer that submitted the material;
• preserving records reasonably necessary for legal, security, or evidentiary purposes;
• restricting or suspending an account;
• terminating an account in appropriate circumstances;
• responding to a valid counter-notification; or
• taking other action permitted or required by applicable law.

Where applicable, MedQuiry will act expeditiously to remove or disable access to material after receiving legally sufficient notice and satisfying the conditions applicable to the relevant DMCA process.

Removal or disabling of material does not constitute a determination by MedQuiry that copyright infringement has occurred.

Similarly, MedQuiry's decision not to remove material does not constitute a determination that the material is non-infringing.

MedQuiry is not a court and does not adjudicate ownership of copyrights or resolve complex disputes concerning fair use, licenses, authorship, ownership, contractual rights, or other defenses.

8. NOTICE TO THE AFFECTED USER

Where MedQuiry removes or disables access to material residing on its systems at the direction of a user or customer in response to a DMCA notification, MedQuiry may take reasonable steps to notify the affected user or customer as required or appropriate under applicable law.

The notice may include information concerning:

• the material affected;
• the fact that access has been removed or disabled;
• the basis for MedQuiry's action;
• information received from the complaining party as legally appropriate; and
• the process for submitting a counter-notification.

MedQuiry may withhold information where disclosure would violate law, compromise security, interfere with an investigation, expose confidential information, or otherwise be inappropriate.

9. DMCA COUNTER-NOTIFICATIONS

If material that you submitted was removed or access to it was disabled as a result of a DMCA notification and you believe the material was removed or disabled because of mistake or misidentification, you may submit a written counter-notification to MedQuiry's designated Copyright Agent.

To be effective under 17 U.S.C. § 512(g)(3), a counter-notification should include substantially all of the following:

1. Signature. Your physical or electronic signature.
2. Identification of material. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared or was stored before it was removed or access was disabled.
3. Statement under penalty of perjury. A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Contact and jurisdiction information. Your name, address, and telephone number, together with a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside the United States, to the jurisdiction of any Federal District Court in which the service provider may be found, and that you will accept service of process from the person who submitted the original notification of claimed infringement or an agent of that person.

Counter-notifications should be sent to MedQuiry's designated Copyright Agent identified in Section 5.

Submitting a counter-notification may result in disclosure of the counter-notification, including identifying and contact information contained in it, to the person who submitted the original infringement notification.

Do not submit a counter-notification unless you have a good-faith basis for doing so.

10. RESTORATION FOLLOWING A COUNTER-NOTIFICATION

When MedQuiry receives a valid counter-notification relating to material removed or disabled under an applicable DMCA procedure, MedQuiry may provide a copy of the counter-notification to the person who submitted the original notification.

Where 17 U.S.C. § 512(g) applies, MedQuiry may inform the original complaining party that MedQuiry intends to replace the removed material or cease disabling access to it.

Subject to applicable law, MedQuiry may restore the material or cease disabling access to it not less than ten (10) and not more than fourteen (14) business days after receiving a valid counter-notification unless MedQuiry's designated agent first receives notice that the original complaining party has filed an action seeking a court order restraining the affected user from engaging in infringing activity relating to the material.

Nothing in this Section requires MedQuiry to restore material that is independently prohibited under the Agreement, including material that:

• violates the Acceptable Use Policy;
• violates applicable law;
• contains prohibited information;
• creates a security risk;
• violates contractual or institutional restrictions;
• infringes rights other than those addressed by the applicable counter-notification; or
• otherwise provides an independent lawful basis for removal or restriction.

11. REPEAT INFRINGER POLICY

MedQuiry has adopted a policy providing for termination, in appropriate circumstances, of users, subscribers, customers, or account holders who are repeat infringers.

MedQuiry may suspend, restrict, or terminate an account or access to the Services when MedQuiry reasonably determines, based on the facts and circumstances, that the user or account holder has repeatedly infringed copyrights or other intellectual property rights.

In administering this policy, MedQuiry may consider factors including:

• the number and nature of infringement notices associated with the account;
• whether notices were facially or legally valid;
• whether counter-notifications were submitted;
• whether challenged material was restored;
• whether a court has determined that infringement occurred;
• the user's response to prior warnings or enforcement actions;
• evidence of knowing, willful, systematic, or commercial infringement;
• attempts to evade previous enforcement measures;
• whether different notices concern the same or different copyrighted works;
• whether an enterprise customer took reasonable corrective action concerning an Authorized User; and
• other facts MedQuiry reasonably considers relevant.

MedQuiry does not treat the mere receipt of an unsupported complaint as conclusive proof that infringement occurred.

Nothing in this Policy limits MedQuiry's right to suspend or terminate an account after a single incident when the conduct independently justifies such action under the Agreement or applicable law.

12. STANDARD TECHNICAL MEASURES

To the extent required for eligibility under applicable provisions of 17 U.S.C. § 512, MedQuiry will accommodate and will not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works, as that term is defined by applicable law.

Nothing in this Section requires MedQuiry to implement measures that do not constitute "standard technical measures" within the meaning of the DMCA.

13. KNOWING MISREPRESENTATIONS

The DMCA provides potential liability for knowingly making certain material misrepresentations in connection with copyright notifications or counter-notifications.

Accordingly, you should not submit a notification claiming that material or activity is infringing unless you have a good-faith basis for the claim.

You likewise should not submit a counter-notification claiming that material was removed or disabled because of mistake or misidentification unless you have a good-faith basis for that assertion.

MedQuiry reserves all rights and remedies concerning fraudulent, abusive, deceptive, or knowingly false submissions.

14. OTHER INTELLECTUAL PROPERTY COMPLAINTS

The DMCA notice-and-counter-notice procedures described above relate specifically to copyright.

Complaints concerning other intellectual property or proprietary rights—including trademarks, trade secrets, database rights, rights of publicity, contractual restrictions, or similar claims—may be sent to:

The Senior Wellness Company

d/b/a MedQuiry

P.O. Box 24

Califon, New Jersey 07830

Email: legal@medquiry.com

A complaint concerning non-copyright rights should provide sufficient information for MedQuiry to understand the claim, identify the material or activity at issue, identify the asserted rights, and contact the complaining party.

MedQuiry may investigate and respond to such complaints in its discretion and as required by applicable law or contractual obligations.

The submission of a non-copyright intellectual property complaint does not create DMCA rights, obligations, or procedures where the DMCA does not otherwise apply.

15. NO OBLIGATION TO MONITOR

Except as required by applicable law or an applicable written agreement, MedQuiry does not undertake a general obligation to monitor User Content, Customer Content, Stored Study PDFs, Personal Lockers, or other materials submitted to or stored through the Services for possible copyright infringement.

Acceptance, processing, scoring, retention, or storage of material does not constitute MedQuiry's:

• approval of the material;
• verification of ownership;
• determination of copyright status;
• determination that the user's submission is authorized;
• endorsement of the material; or
• waiver of any right to remove or restrict the material later.

16. REMOVAL INDEPENDENT OF THE DMCA

MedQuiry reserves the right, subject to applicable law and any applicable written agreement, to remove, disable access to, quarantine, reject, or refuse to process or retain material for reasons independent of a DMCA notification.

Such reasons may include material that:

• violates the Terms of Service;
• violates the Acceptable Use Policy;
• infringes or appears to infringe third-party rights;
• is unlawful;
• is subject to unauthorized access or licensing restrictions;
• contains prohibited or regulated information;
• threatens the security or integrity of the Services; or
• otherwise creates material legal, security, contractual, or operational risk.

MedQuiry's exercise of these rights does not constitute an admission concerning copyright ownership or infringement.

17. PRESERVATION, BACKUPS, AND TECHNICAL COPIES

When MedQuiry removes or disables access to material, temporary technical copies may remain for limited periods in encrypted backups, disaster-recovery systems, caches, security records, audit records, or other systems maintained in accordance with MedQuiry's normal retention practices.

MedQuiry may also preserve information where reasonably necessary to comply with law or legal process, preserve evidence, investigate misuse, resolve disputes, maintain security, enforce agreements, or defend legal claims.

The existence of such limited technical or legally preserved copies does not mean that removed material remains available to the affected user through the ordinary functionality of the Services.

18. RELATIONSHIP TO THE AGREEMENT

This Policy supplements the Agreement governing use of the Services.

Nothing in this Policy:

• expands any license granted to a user or customer;
• expands MedQuiry's rights in User Content or Customer Content;
• transfers ownership of third-party publications to MedQuiry;
• limits MedQuiry's proprietary rights in the MedQuiry Technology;
• creates a warranty that submitted material is non-infringing;
• creates an obligation to adjudicate copyright disputes;
• prevents MedQuiry from complying with court orders or lawful governmental requests; or
• limits any right or remedy otherwise available under the Agreement or applicable law.

If this Policy conflicts with a separately executed agreement, the separately executed agreement will control to the extent of the conflict except where applicable law requires otherwise.

19. CHANGES TO THIS POLICY

MedQuiry may update this Policy from time to time to reflect changes in:

• applicable law;
• Copyright Office rules or procedures;
• the Services;
• MedQuiry's copyright-compliance procedures; or
• business, operational, security, or legal requirements.

The effective date stated at the beginning of this Policy identifies the date of the then-current version.

Material changes may be communicated through the Services, by email, by posting an updated Policy, or by other reasonable means where required or appropriate.

20. CONTACT INFORMATION

Questions concerning this Policy that do not constitute formal DMCA notifications may be directed to:

The Senior Wellness Company

d/b/a MedQuiry

P.O. Box 24

Califon, New Jersey 07830

Email: legal@medquiry.com

Formal notifications of claimed copyright infringement and DMCA counter-notifications should be sent to the Designated Copyright Agent Richard O'Neill identified in Section 5.

END OF COPYRIGHT AND DMCA POLICY