Soma Beta Terms of Service

Welcome to Soma. These Beta Terms of Service (“Terms”) govern your access to and use of the beta version of Soma’s Service. The Service is a product of Soma Precision Health, Inc. (referred to herein as “Soma”, “we,” or “us”). For the purpose of these Terms, the “Service” is Soma’s online software-as-a-service platform and desktop application (the “Application”) which is not yet commercially available and “you” and “your” means you as an individual person who is authorized to access and use the Service.

These Terms are a legally binding contract between you and Soma regarding your use of the Service. By agreeing to the Terms, installing the Application, or accessing or using the Service, you agree that you have read and understood, and, as a condition to your use of the Service, you agree to be bound by, these Terms and our Privacy Policy available here. If you are not eligible, or do not agree to these Terms and our Privacy Policy, then you do not have our permission to use the Service.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND SOMA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

IMPORTANT: Using the Service to record your conversations without the consent of all parties to the conversation violates these Terms and may violate applicable law. You agree not to activate the Service during conversations with anyone who has not consented to the recording of the conversations by the Soma Service and acknowledge that doing so is a breach of these Terms.

Soma Service Overview. The Service uses voice and other personal information to surface insights about cognitive performance. Soma allows you to measure and track your cognitive performance based on your personal information, including how you talk, such as on calls, in meetings, dictating notes or when speaking to an AI assistant through your device, and passing this information through Soma’s proprietary models.

Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c)your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

Accounts and Registration. To access and use the Service, you must register for an account and provide us with certain information. You will need a valid Google email and password to create a Soma account. When you register for an account, you will be required to provide us with some information about yourself, such as your name and email address. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at us at beta@soma-health.co.

i. License. Subject to your ongoing compliance with these Terms, Soma grants you solely for your personal, non-commercial use a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) download and use the Application solely to access the Service; and (2) access and use the Service through the Application. To the extent any component of the Application may be offered under an open source license, the provisions of that license may expressly override some of these Terms.

ii. License Restrictions. Except to the extent such a restriction is impermissible under applicable law, you may not: (1) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (2) make modifications to the Service; (3) interfere with or circumvent any feature of the Service, including any security or access control mechanism; (4) upload or otherwise disseminate any virus, adware, spyware, worm, or other malicious code; (5) use the Service to develop or train any artificial intelligence, machine learning models, or algorithms; or (6) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law.

iii. Feedback. We respect and appreciate thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Soma a worldwide, unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

iv. Ownership; Reservation of Rights. The Service is owned and operated by Soma. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), algorithms, products, software, services, and all other elements of the Service provided by Soma (“Soma Materials”) are protected by intellectual property and other laws. All Soma Materials included in the Service are the property of Soma or its third- party licensors. Except as expressly authorized by Soma, you may not make use of the Soma Materials. There are no implied licenses in these Terms and Soma reserves all rights to the Soma Materials not granted expressly in these Terms.

(b) Your Licenses to Soma. i. User Data. We use your voice and other audio, as well as other information that you provide to us, in order to provide you with the Service. That includes the voices of other call participants, music, videos, or any other audio that is playing back through the computer’s speakers (“Audio Inputs”). In addition to providing Audio Inputs, you may be required to provide Soma with other information we need to provide you with the Service. For the purpose of these Terms, “User Data” means any data, information and content that a User uploads, submits or processes through the Service including Audio Inputs. Soma uses User Data to provide the Service including to create User Outputs. For the purpose of these Terms, “User Outputs” means cognitive performance scores and insights and other information, data and reports that we generate when we pass User Data through our proprietary technology, models and algorithms.

ii. License. You grant to Soma a non-exclusive, royalty-free, worldwide, sublicensable right and license to access, reproduce, modify, distribute, transmit, export, display, store and otherwise use the User Data in any and all media now known or later developed in order to (1) provide you with the Service including generating User Outputs; (2) monitor, maintain, and optimize the Service; (3) build, train, improve, or provide Soma’s current and future products and services (including, without limitation, any that leverage or include artificial intelligence technologies or capabilities, such as its own algorithms, large language models, and machine learning models); (4) manage the relationship between Soma and you; (5) monitor, investigate, prevent and detect fraud, security incidents and other misuse of the Service, and to prevent harm to Soma, you, and third parties including Soma’s other customers; (6) verify your identity; (7) carry out Soma’s core business operations, such as accounting, audits, tax preparation and for filing and compliance purposes; and (8) comply with applicable laws, rules, and regulations including those relating to the processing and retention of personal data to which Soma is subject.

iii. Limitations. Soma does not claim to own your User Data or the User Outputs we provide to you. Soma does not sell, license, or share User Data or User Outputs with any third party for their own advertising, marketing, or commercial purposes.

Prohibited Conduct. By using the Service, you agree not to: (a) use the Service for any illegal purpose or in violation of any local, state, national, or international law; (b) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; (c) interfere with security-related features of the Service, including by disabling or circumventing features that prevent or limit use or copying of any content; (d) interfere with the operation of the Service or any user’s enjoyment of the Service, including by interfering with or disrupting any network, equipment, or server connected to or used to provide the Service; (e) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; (f) record any individual without their knowledge and consent as required by applicable law; (g) record or process copyrighted broadcasts or confidential calls you’re not party to; (h) create deepfakes, voice clones, or any content intended to deceive or impersonate; (i) use User Outputs to train, develop, or improve a product or service that competes with the Service; (j) resell or sublicense access to the Service without our written permission; or (k) attempt to do any of the acts described in this Section 5 or assist or permit any person in engaging in any of the acts described in this Section 5.

If you misuse the Service we may suspend or close your account and, at our option, pursue legal remedies.

(b) Price. Soma reserves the right to determine pricing for the Service. Soma will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check the location on our website where we post pricing information periodically for current pricing information. Soma may change the fees for any feature of the Service, including additional fees or charges, if Soma gives you advance notice of changes before they apply. Soma, at its sole discretion, may make promotional offers with different features and different pricing to any of Soma’s customers. These promotional offers, unless made to you, will not apply to you or these Terms.

(c) Authorization. You authorize Soma to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Soma, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Soma may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

(d) Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”) and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize Soma to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the “Subscription Fee”, please see HERE. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews to avoid billing of the next periodic Subscription Fee to your account. Soma will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by contacting us at beta@soma-health.co. Your cancellation must be received before the renewal date to avoid charge for the next subscription period. Any disputes related to payment processing should be addressed to Soma at beta@soma-health.co.

(e) Delinquent Accounts. Soma may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account may be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Soma reserves the right to delete your account and any information or content associated with your account without any liability to you.

Compliance with Applicable Laws. You represent, warrant, and agree that you will use and interact with the Service in compliance with all applicable laws, treaties and regulations including those related to data privacy, international communications, export laws and the transmission of technical or personal data laws which, for clarity, includes laws governing the monitoring or recording individuals without their knowledge and consent where required by law. If you are prohibited under applicable law from using the Service, then you may not use it.

Third Party Services Sharing on the Service; Linked Websites. Soma may provide tools through the Service that enable you to share User Outputs with other users on the Service or to third party services. By using one of these tools, you agree that Soma may transfer the User Outputs to the applicable third party service. Third party services are not under Soma’s control, and, to the fullest extent permitted by law, Soma is not responsible for any third party service’s use of your exported information. Soma may also make available tools that enable you to share your User Outputs with other users of the Service or the public. If you share your User Outputs with other users on the Service, Soma does not control how these users may use your User Outputs and will have no liability for their use of such data. The Service may also contain links to third party websites. Linked websites are not under Soma’s control, and Soma is not responsible for their content.

Third Party Terms. The Service may operate on, with, or using third party services, connection, data, software, application, application programming interfaces (APIs), plug-ins or other technology products that are developed, owned, or licensed, by entities other than Soma, and that may interoperate or integrate with the Service provided by Soma (“Third Party Applications”). Third Party Applications are not provided, owned, controlled, or supported by Soma, and their availability or functionality may be subject to separate terms and conditions, privacy policies, and fees imposed by the third-party application provider. Soma is not responsible for the availability and operation of the Service solely to the extent such availability and operation is dependent on such Third Party Applications.

Communications. Soma may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

Medical Information Disclaimer. User Outputs, other information and insights generated by the Service are for informational, general education and wellness purposes only. Nothing in this Service constitutes or is intended to constitute medical advice, diagnosis, treatment, or the practice of medicine. We are not diagnosing any medical condition, and nothing in the Service should be interpreted as a clinical assessment. The content provided through this Service should not be relied upon as a substitute for professional medical advice, diagnosis, or treatment from a qualified healthcare provider who is familiar with your individual circumstances. Always seek the advice of your physician or other qualified healthcare professional regarding any medical condition, symptom, treatment option, or health-related concern. Never disregard, avoid, or delay obtaining professional medical advice because of information obtained from this Service. Your use of this Service and its offerings do not create a physician-patient, provider-patient, therapist-patient, or other professional healthcare relationship between you and the Service owner, its affiliates, employees, contractors, or representatives. Any decisions regarding your health, medical care, or treatment should be made in consultation with a licensed healthcare professional. If you are experiencing a medical emergency, call 911 or your local emergency services provider immediately.

(b) Modification of the Service. Soma reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Soma will have no liability for any change to the Service, including any paid for functionalities of the Service, or any suspension or termination of your access to or use of the Service.

(b) Termination. If you violate any provision of these Terms, then your authorization to access the Service, and these Terms, automatically terminate. In addition, Soma may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate or delete your account and these Terms at any time by navigating to the “Settings” page within the Application and selecting “Delete Account” or by contacting customer service at beta@soma- health.co.

(c) Effect of Termination. Upon termination of these Terms: (i) your license rights will terminate and you must immediately cease all use of the Service; (ii) you will no longer be authorized to access your account or the Service; (iii) you must pay Soma any unpaid amount that was due prior to termination; and (iv) all payment obligations accrued prior to termination. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.

(b) Beta. Beta or preview versions of the Service or features are provided as-is, may change or be removed without notice, and are excluded from any warranties or service commitments. The Service is currently in beta development. The Service is experimental in nature, may be incomplete, and may contain errors, defects, or bugs. We have the right to and may change, update, recalibrate or otherwise modify the Service at any time and in any way. The Service is evolving, is in active development and has not been independently validated including the underlying algorithms that we use to generate insights about a User’s cognitive performance. User scores and metrics may change because our measurement methods have improved or been revised. Some metrics may be combined, renamed, or removed in future versions of the Service.

(c) User Representations and Warranties. You are solely responsible for your User Data and the consequences of providing User Data via the Service. By providing User Data via the Service, you affirm, represent, and warrant that: (i) you have the necessary licenses, rights, consents, and permissions to authorize Soma to exercise the licenses granted by you, in the manner contemplated by Soma, the Service, and these Terms; and (ii) the User Data and the use of your User Data as contemplated by these Terms, does not and will not: (1) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (2) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (3) cause Soma to violate any law or regulation including those with respect to monitoring or recording persons without their consent. You are solely responsible for complying with applicable wiretapping, two-party and all- party consent recording, and recording-disclosure laws in every jurisdiction where you or any third party who is the subject of Audio Inputs is located.

Indemnification. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will indemnify, defend (at Soma’s option), and hold harmless Soma, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Soma Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or in connection with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property or privacy right including your monitoring or recording of any individual without providing notices to and obtaining consents from individuals in connection with any recordings as required by law; or (d) any other dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

(b) EXCEPT AS PROVIDED IN SECTIONS 17(f)(Commencing Arbitration) AND 17(h)(ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SOMA TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

(c) EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(b) Generally. Except as described in Section 17(b)(Exceptions) and 17(c) (Opt- Out), you and Soma agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SOMA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

(c) Exceptions to the Agreement to Arbitrate. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court in San Francisco, California, or any United States county where you live or work; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

(d) Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Soma Precision Health, Inc., Attention: Legal Department – Arbitration Opt-Out, that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Soma receives your Opt-Out Notice, this Section 17 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 18(b) (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

(e) Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by JAMS under the rules applicable to consumer disputes (collectively, “JAMS Rules”) as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.com, by calling the JAMS at 1-800-352-5267 or by contacting Soma.

(f) Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Soma’s address for Notice of Arbitration is: 2261 Market Street STE 96275 San Francisco, CA 94114. The Notice of Arbitration must: (i) identify the name or account number of the party making the claim; (ii) describe the nature and basis of the claim or dispute; and (iii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Soma may commence an arbitration proceeding. The payment of all fees will be governed by the JAMS Rules.

(g) Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (I) solely on the basis of documents submitted to the arbitrator; (II) through a telephonic or video hearing; or (III) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or Soma must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

(h) Arbitration Relief. Except as provided in Section 17(h) (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Soma before an arbitrator was selected, Soma will pay to you the higher of: (i) the amount awarded by the arbitrator and (ii) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

(i) No Class Actions. YOU AND SOMA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

(j) Modifications to this Arbitration Provision. If Soma makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Soma’s address for Notice of Arbitration, in which case your account with Soma will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

(k) Enforceability. If Section 17(h) (No Class Actions) or the entirety of this Section 17 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Soma receives an Opt-Out Notice from you, then the entirety of this Section 17 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18(b)(Governing Law) will govern any action arising out of or related to these Terms.

(b) Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Soma submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California, for resolution of any lawsuit or court proceeding permitted under these Terms.

(c) Privacy Policy. Please read the Soma Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information.

(d) Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

(e) Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

(f) No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

(g) International Use. The Service is intended for visitors located within the United States and the European Union. We make no representation that the Service is appropriate or available for use outside of the United States and European Union. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited