VIOME TERMS OF SERVICE
Effective Date: January 15, 2020
Viome, Inc. is a company that collects and analyzes physiological, physical, and molecular data for the purpose of understanding and optimizing the wellness of individuals. Our services include access to the Viome public website, mobile application, and personal “omics” testing services (e.g., microbiome and transcriptome), including the collection and analysis of your stool, blood, saliva, or other bodily fluid samples.
Customers will collect the biological samples (“Sample” or “Samples”) and submit them to Viome for testing and analysis. These Samples are subjected to a sequencing process that generates sample data ("Sample Data") used for producing the test data (“Test Data”). Sample Data together with Test Data and customer-provided information are collected and stored by Viome. Based on our analysis of all these data Viome will make personalized diet, supplements, and lifestyle recommendations to individuals via Viome website located at www.viome.com and Viome’s mobile applications.
Customers will be required to create an account on Viome website or the mobile application and will be asked to complete an initial questionnaire in full in order to start the Sample testing process by Viome laboratories and view the results and recommendations sent by Viome.
Depending on the specific testing service or add-on you subscribe to, service you order, or the optional research you agree to participate in, Viome may collect Samples such as stool, blood, saliva, cheek swab, skin swab, and other samples, using the sample collection kits (“Sample Kits”) provided. To the extent applicable, these Terms shall govern Viome services relating to these specific and optional services as well.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS, CONDITIONS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, DO NOT USE THE SERVICE.
Acceptance of Terms of Service
These Viome Terms Of Service (“Terms”) govern your (“you” or “user”) access to and use of our services, products, programs, microbiome testing service, websites, optional research participation programs, and software applications including mobile applications or services, collection and analysis of stool or other biological Samples (collectively, the “Service”) provided by Viome, Inc. (“Viome,” “we,” or “us”).
These Terms do not alter in any way the terms or conditions of any prior written agreements you may have with Viome.
By subscribing to or otherwise using the Service, accessing any content or material that is made available by Viome through the Service, or clicking to accept or agree to the Terms, where this option is made available to you by Viome for any Service, you agree to be bound by these Terms.
If you do not agree to these Terms, please immediately discontinue use of the Service. Your access to and use of the Service, and any account you establish in connection with the Service, are conditioned on your compliance with these Terms. If Viome, in its sole discretion, determines that you have failed to comply with any of these Terms, it shall have the right to terminate your access to and use of the Service and any associated account(s) therewith immediately and without notice.
Order of Precedence
Please note that some features of the Service may be provided under additional and separate legal agreements and consents between Viome and you. If that is the case, when you first participate in or use those Service features, you will be provided an opportunity to review and agree to the terms that govern those Service features. We may also require your acceptance of terms in informed consent forms applicable to specific research participations. If there is a conflict between these Terms and specific terms in those legal terms and agreements applicable for a particular Service feature or the terms in consent forms for research participations, those terms, will take precedence over these Terms with respect only to those specific Service features or the research participations.
Revisions and Updates
Viome reserves the right to change, revise, update, or modify these Terms or any policy or guideline incorporated herein at any time and in its sole discretion. Any changes or modifications will be effective as of the date stated at the top of these Terms immediately upon posting of the revisions on the Service. Your continued use of the Service following the posting of such changed or modified Terms will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and any applicable policies from time to time to understand the most current terms and conditions that apply to your use of the Service.
a) How we collect
You may provide information to Viome about yourself, including your disease conditions, other health-related information, personal traits, ethnicity, family history, diet preferences and constraints, and other information that you enter into forms, questionnaires, or features during registration (“Registration”), while using the Service, or signed in to your Viome account (“Viome Account” or “Account”). You also provide user content to us while using our Service or communicating with us (“User Content”), and we may gather certain information about you or your use of our website and other online resources (“Web Information”).
b) Why we collect
The above information is used for the purpose of provisioning the Service, providing you with more accurate and targeted diet, supplements, and lifestyle recommendations, and improving our data analysis methods or the engine.
c) Types we collect
Personal Information is any factual or subjective information whether recorded or not about an identifiable individual. Personal Data is any information relating to an identified or identifiable natural person, when that person can be identified, directly or indirectly, in particular by reference to an identification number (e.g. social security number) or one or more factors specific to his physical, physiological, mental, economic, cultural or social identity (e.g. name and first name, date of birth, biometrics data, fingerprints, or DNA).
Personally Identifiable Information is information about an individual when used alone or with other relevant data that can identify an individual (e.g., first and last name, birthdate, home address, social security number, bank account number, passport number, Health insurance ID number, etc.).
Self-Reported Information is all information about yourself, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into the initial questionnaire and answers to additional questionnaires sent by Viome, forms, or features in response to questions we ask while signed in to your Viome Account, engaging with our customer service, or using the Services. Self Reported Information is used with your test results for the purpose of accurately predicting the diet, supplements, and lifestyle recommendations provided to you and for generating analytics broadly at the population level.
Protected Health Information is any information about health status, provision of health care, or payment for health care that can be linked to a specific individual that also includes such information as any part of a medical record or payment history.
Sensitive Information or Sensitive Data is a category of Personal Information or Personal Data of an individual relating to confidential medical facts, records, racial or ethnic origins, political or religious beliefs, or sexuality.
User Content is information that you create or content that you post or upload on our website, social media, or public forums that relate to us (such as blogs, data, text, software, documents, audio, photographs, graphics, video, messages, discussions, emails, etc.) or other materials generated by users of Services and transmitted to Viome through public or private media.
Web Information is information on how you use Viome website (e.g. browser type, domains, page views, etc.) or other online media owned by Viome, and are collected through log files, cookies, and web beacon technologies.
d) How we use
You understand that the technical processing and transmission of your Personal Information as part of Services may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Viome may use the Personal Information you provided during registration (“Registration”) and other stages of engagement with us for the purpose of provisioning our Service and for providing you with personalized diet, supplements, and lifestyle recommendations. Viome also may use these data in for the purpose of improving our Services, offering new products or services, performing quality control activities, and conducting data aggregation and analysis that may lead to improvements to Viome’s data analysis methods or the engine that is used to provide better and more accurate personalized diet, supplements, and lifestyle recommendations to you.
In addition, Viome may also use your Personal Information and Self Reported Information in de-identified, aggregate, or individual forms for certain scientific studies, research, and development activities that may identify potential areas or targets for specific diet or lifestyle recommendations, support the development of a specific diagnosis and treatment, predict certain medical or health conditions, publish research results in peer-reviewed scientific publications or develop scientific know how and intellectual property assets to improve healthcare for all which may also include commercialization activities (“Research”). Research is an important aspect of our Services and we want to ensure all participants are aware of all current and future opportunities to contribute to interesting and novel Research conducted by Viome.
From time to time, Viome may also engage in certain study specific scientific research collaborations with third parties such as non-profit foundations, academic institutions, pharmaceutical companies, or commercial research partners (“Research Participations”). This may require use of your Personal Information by way of collection and analyses of physiological and molecular data such as biological Samples, individual biological data, Test Data, and Self Reporting Information that require your informed consent to have your Personal Information stored and used for current and future Research Participations with external collaborators. Research Participations are governed by specific regulations and they require approval by an independent review board and your informed consent by way of accepting the research or study specific optional informed consent form that contains specific details on the research and the type of information we collect and share (“Consent Form”). During the Registration or use of Service, you will be presented with the Consent Form that grants us your informed consent for Research Participations. Research Participation is optional and it is a voluntary action, and if you wish, you can choose to decline to accept the Consent Forms or choose not to respond.
Individual Samples, Test Results and Self Reported Information are used for Research Participation only if you have given your consent by acceptance of a Consent Form. Unless required by law or a court order, Viome will not release your Personal Information to any third party without first receiving your acceptance of a Consent Form.
You agree that use of your Personal Information for any form of Research or Research Participation does not entail any compensation (current or future) for your participation in such research.
Viome may also use your personal data and information for generating analytics used for internal decision-making and for sales, marketing, and customer service purposes.
You agree that Viome is free to preserve and disclose any and all Personal Information (including PHI), to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal processes (such as a judicial proceeding, court order, or government inquiry) or obligations arising out of ethical and other professional rules, laws, and regulations; (b) enforce these Terms; (c) respond to claims that Service violates the rights of third parties; or (d) protect the rights, property, or personal safety of Viome, its employees, its users, its customers, and the public. In such event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order.
Ownership of Service and Materials
The Service, and all designs, text, graphics, pictures, images, content, videos, information, data, and software contained in or comprising the Service (including any mobile applications), except for the User Content as defined below (collectively, the “Materials”), is the property of Viome or Viome’s licensors and are protected by U.S. and international copyright, trademark laws, patent, and other intellectual property laws.
Software and Mobile Applications
Your rights in any software (including any mobile applications) (“Software”) that is not accompanied by a separate license agreement are governed by and subjected to the license granted in these Terms. Your license to such Software is limited to use of the object code of such Software on a single computer or device. You may not copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless otherwise specifically agreed in writing between you and Viome. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Viome for use in accessing the Service. Any rights not expressly granted herein are reserved.
Limited License to Use
Subject to your compliance with these Terms, Viome grants you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Service and the Materials. This license shall remain in effect until and unless terminated by you or Viome. You promise and agree that you are using the Service for your own personal, non-commercial use and that you will not redistribute or transfer the Service or the Materials.
You agree to abide by our Terms and not to use the Service or any part thereof in any manner not expressly permitted by these Terms. Except for the rights expressly granted to you in these Terms, Viome grants no right, title, or interest to you in the Service or the Materials. You shall not modify, lease, sell, distribute, or create derivative works of the content of the Services or Materials, unless otherwise specifically agreed in a separate agreement between you and Viome.
Any Viome Software used in the Service are licensed, not sold, to you, and Viome and its licensors retain ownership of all copies of the Viome Software even after installation on your personal computers, mobile devices, tablets, and/or other relevant devices. Third party software (for example, open source software libraries) included in the Viome Service are licensed to you either under these Terms or under the relevant third party software library’s license terms as published in the help about or settings section of the Software or on our website.
Conditions of Use
In order to use the Services, you must (a) be at least 18 years old or above the legal age of majority to form a binding contract in your country of residence, whichever is greater; (b) be a person not barred from receiving the Services under the laws of the country of residence from which you use the Services; or (c) if you are below the legal age majority in your country of residence, only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Term and who has submitted to Viome the proper parental/guardian consent forms. Some Viome features associated with the Services and Research Participation are not offered to minors under the age of 13 or 18, even with parental/guardian consent. In such cases, Viome restricts Registration of those Service or Research Participation for anyone below the age of 18 and you agree not to use such products or Service, or cause such Services to be used by, anyone below the age of 18.
Due to limitations imposed by law in certain locations, use of our Service or certain features, add-ons, and specific components of Service may is not be available to residents of certain States within the United States and in some international locations. Due to these limitations, the Service is not available to the residents of New York, and Canadian province of New Foundland. Due to the same reasons, the Food Sensitivity Intelligence (“FSI”) test is not offered or available to residents in certain States and in foreign countries (including Canada) and to minors (anywhere irrespective of their location).
When you create a Viome Account, you are required to provide certain Registration information about yourself and about purchasing our Services (e.g. name, email, address, Kit ID, password, and payment information). You must use an online source or a mobile device with access to the Internet for Registration.
You must (a) provide accurate and complete Registration information, and (b) update such information from time to time using your Account as necessary to keep your Registration information current and accurate. By establishing a Viome Account, you represent and warrant that you have the right to, and are authorized to, provide the information you provide for yourself or those for whom you have legal authority to agree, when you create the Viome Account. You are responsible for maintaining the confidentiality of your Account information and password and for restricting access to such information and to your computer or device. All activities that occur under your Account or password will be your responsibility.
You agree to (a) immediately notify Viome of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you properly exit from your Account at the end of each session. You agree that Viome will not be liable for any loss or damage arising from your failure to comply with this Section.
Kit Expiration Policy
At the Registration you will also be prompted to accept Viome’s Kit Expiration Policy that contains notice on Sample Kit expiration at the end of six (6) months from the date of purchase for Sample Kits purchased after August 15, 2019. In order to ensure we receive the highest quality Samples for testing, we require that your Sample Kit be used and your Sample be returned to Viome laboratories within six (6) months of purchase date.
If you do not send your Sample within the six (6) months period, please contact our Customer Service using the details below for further guidance:
Viome Customer Service (Expired Kits)
81 Camino Entrada, Suite 100
Los Alamos, NM 87544
Customer Data for Research
Optional Research Participations
Based on the Personal Information you have provided us if we identify you as a potential participant in a specific study that amounts to Research Participation as defined above, you agree that we may contact you through email or our Software or mobile application for the purpose of sending you the Consent Form for your acceptance that allows you to participate in Research Participations.
By accepting the Consent Form you agree for Research Participation, give consent for Viome to collect and share your Personal Information such as biological Samples and other Personal Information you provide in the initial and additional questionnaires, forms, and about your health, obtained as part of Viome’s analysis services with the research collaborators. Further, you also consent to Viome storing your Personal Information for use with a variety of current and future research projects pertaining to microbiomics and nutrition applicable to study specific Research Participations.
By using the Service and acceptance of these Terms, you agree that you give us permission to send, display, access, and review certain features or add-ons of Services with sensitive data (including Personal Information and PHI) using our website, email, and Software including mobile applications.
Unlawful and Prohibited Use Policy
As a condition for using the Service, you represent and agree not to engage in any of the following activities that are unlawful or prohibited by these Terms:
a) any resale or commercial (non-personal) use of the Service or the Materials;
b) the distribution, public performance or public display of any of the Materials;
c) any modification or derivative use of the Service or the Materials or any portion;
d) any use of automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service;
e) the download (other than page caching) of any portion of the Service, the Materials, or any information contained therein, except as expressly permitted;
f) any attempt to gain unauthorized access to Viome’s servers or computer systems or to engage in any activity that disrupts, damages, disables, diminishes the quality of, interferes with the performance of, or impairs the functionality of, any part of the Service;
g) the collection or harvesting of any Personal Information including, but not limited to, company and individual names, domain names or account names, from the Service;
h) use of communication systems provided by the Service for any unauthorized commercial solicitation purposes;
i) use of any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
j) misrepresenting the age of majority, parental rights, or the legal guardianship of a minor;
k) impersonate, falsification of identity, or misrepresent your affiliation with any person or entity;
l) use the Services outside of the countries where the Service use is permitted;
m) modify or disguise the origin of any content transmitted through the Service or Materials in a manner that leads to consumer confusion;
n) use the content in Services, Materials or their promotional materials for unauthorized advertising, pyramid schemes, or offer to sell or buy any goods or services except as permitted by law;
o) unauthorized use of branded trademarks, trade names, and key words associated with the Services or Materials in online media that amounts to false association and cause consumer confusion;
p) engage in "framing," "mirroring," or otherwise simulating the appearance or function of Viome or our Services or Materials;
q) upload or transmit any content that you do not have a legal right to transmit (such as insider information, proprietary and confidential information, personal health information, content that infringes intellectual property rights of a third party, etc.);
r) violate these Terms, code of conduct or other guidelines, which may be applicable for any particular area of the Service or have been notified;
s) any use of the Service or the Materials other than for their intended purpose; or
t) intentional or unintentional violation of local, state, national, or international law, or any regulations having the force of law.
You represent and agree that you are solely responsible for and Viome has no responsibility to you or to any third party for any breach of your obligations under these Terms and for the consequences (including any loss or damage which Viome or their licensors may suffer) of any such breach. In case of violation of any one or more of these representations, conditions, and policies, or Viome has a reasonable ground to suspect that you have violated the terms of this policy, Viome has the right to suspend or terminate your Account and refuse any and all current or future use of the Services. And you agree to defend and indemnify Viome and its affiliates against any costs, damages, or liability arising out of the breach of the above representations.
Modifications, Updates, and Delays
Viome reserves the right at any time to modify, revise, update, and discontinue the Services (or any part thereof) with or without notice. You acknowledge and agree that modifications or updates may result in a delay in computations for some features of Services. The software and mobile applications that you use may from time to time automatically download and install updates from Viome. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, features, new modules, and completely new versions. You agree to receive such updates and permit Viome to deliver these to you as part of your use of the Services.
Delay in creating a Viome Account on website or mobile application and providing answers to the initial questionnaire in full will cause delay in starting the Sample testing process and receiving your Test Results and diet and lifestyle recommendations.
Further, certain conditions and circumstances associated with the business operations of the Service may result in unexpected delays in processing, testing, and analysis of the Samples you provided. Viome may or may not provide you with specific notices applicable to these delays. While Viome endeavors to take commercially reasonable steps to minimize such delays, Viome shall not be liable to you or to any third party for any such delays associated with the Services.
New and Additional Features
You acknowledge that Viome may, from time to time, offer new or additional technologies or features to the Service that may only be available to you with an additional fee, and that you will have to pay additional fees in order to have these features in your Services.
Some features of our Service may include functionality enabling you to post user content, whether publicly posted or privately transmitted, such as profiles, posts, emails, feedback, experiences, suggestions, notes, messages, photos, and videos (“User Content”) that may be made available to Viome and other users of the Service. You are solely responsible for all User Content that you chose to post or otherwise transmit to or through the Service.
Viome has the right to refuse any User Content. You agree that Viome, at its sole discretion, has the right (but not the obligation) to screen, reject, retain, or remove any User Content, or any portion thereof, posted using the Service that infringes Viome’s or any third party’s intellectual property or other rights, violates these Terms or our other policies, or is otherwise objectionable. Viome reserves the right to disclose any User Content as necessary to satisfy any applicable law, regulation, legal process or governmental request. Viome has the right to suspend or terminate the Service at any time without preserving your User Content.
In using the Service, you agree not to post any User Content that (i) is false, deceptive, deceitful, misleading, unauthorized, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, harmful to minors, fraudulent or otherwise objectionable; (ii) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; (iii) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (iv) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (v) contains private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (vi) contains viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files; (vii) in the sole judgment of Viome, may expose Viome to any harm or liability of any type; or (viii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals for any reason and especially on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
By sending User Content, you grant Viome and its affiliates a perpetual, irrevocable, worldwide, royalty-free, freely transferable and sub-licensable (through unlimited levels of sublicense) non-exclusive right to use, reproduce, modify, transmit, translate, publish, publicly perform, display, distribute, commercialize, share with third parties, transmit or distribute over public network and media, and create derivative works of such User Content for purposes specified in these Terms and of delivering the Service to you and other users of the Service. You represent and warrant that: (i) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content and to grant the rights granted herein; (ii) the User Content is accurate and not misleading; (iii) distribution of the User Content you supply in accordance with your direction does not violate these Terms; and (iv) will not violate any rights of or cause injury to any person or entity. You hereby waive any moral rights you may have in such User Content under the laws of any jurisdiction.
Samples Submitted to Viome
In connection with using the Service that includes Viome Gut Intelligence Test, you are invited to collect and submit biological Samples of your stool to Viome for testing and analysis purposes. In connection with certain add on Services or other features of the Service, you may also be invited to collect and submit various Samples other than stool samples to Viome, which samples may include, without limitation, blood, saliva, cheek swab, skin swab, or urine samples, using Sample Kits provided by Viome.
Irrespective of the Service you subscribe to or consent to participate in, the Sample Kits will include detailed instructions on kit expiration policy and timelines (“Kit Expiration Policy”), kit registration details, and how to use the Sample Kits to collect and ship your Samples. The Kit Expiration Policy and sample collection and shipping guidelines provided with the Sample Kits are incorporated herein by reference as part of these Terms and you are expected to read and adhere to the terms of these policies and guidelines.
After you collect your Samples, you will ship the Samples according to the shipping instructions provided with the Sample Kit to Viome for testing and analysis. You may collect all Samples at home. You agree to use Sample Kits according the accompanying instructions and to follow good hygiene practices when collecting Samples.
Testing and Analysis
Depending upon what Samples you provide and the Service you subscribe to, using your Samples, Viome may do any of the following types of tests and analysis as part of the Service:
a) Gut microbiome analysis to identify and quantify all living organisms (for example, bacteria, viruses, bacteriophages, fungi, parasites, etc.) in your stool Sample
b) Gut gene expression analysis to quantify the biological activities of the living organisms in your stool Sample
c) Gut metabolite analysis to analyze metabolites in your stool Sample
When specifically subscribed to, opted in, or agreed to participate by way of acceptance of specific Consent Form, Viome may also do any of the following types of tests and analyses using your Samples:
a) Personal genetic analysis to analyze your genomic data to understand potential health and wellness, and lifestyle implications. (In such cases, Viome will not be analyzing your genetics to look for inherited diseases or sequence your whole genome.)
b) Personal gene expression analysis to quantify the expression of thousands of your genes that affect your overall well-being
c) IgG-mediated food sensitivity analysis to quantify IgGs in your blood that react to specific foods
Samples and Test Results
Viome will provide you with test results (“Test Results”) and personalized recommendations on diet and lifestyle based on the analysis of your Samples and other information such as Self-Reported Information you provided. You may choose to follow these recommendations as little or as much as you wish, or you may choose not to follow these recommendations at all. Biological Samples are processed by Viome in an irreversible manner and cannot be returned to you once submitted to and analyzed by Viome. Data from your Samples will be saved on Viome’s secure cloud servers. Viome plans to retain your Samples and data for at least ten (10) years, but may, in its sole discretion, retain such Samples and data for a longer period of time. Viome may also use Test Results for improving our data analysis methods or the engine.
Use of Test Results and Data
Waiver of Rights
You understand that you will not receive any compensation by way or cash, equity, or other current or future financial benefit or reward from Viome as a result of having your Sample or any data related thereto or derived therefrom analyzed, processed, made the subject of research and development, or included in information that is shared with research partners, including commercial partners. You understand that by providing any Sample, having your Sample processed, accessing your Sample, or providing any Self-Reported Information to Viome, you acquire no rights in or to any research or commercial products that may be developed by Viome or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that use, include or result from Samples or any other information you provide to Viome.
By accessing and using the Services, you agree to, acknowledge, and represent as follows:
a) You understand that the test results, insights, recommendations, and information you received or learned from using the Service is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health or treatment thereof in the absence of specific medical advice and clinical diagnosis;
b) You understand that the Services are intended for research, guidelines, informational, and educational purposes only, and that while this information might point to a possible diagnosis or treatment, it should always be confirmed and supplemented by specific medical and clinical testing results. You acknowledge that Viome urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your test results; and
c) You give permission to Viome, and its successors and assignees, subject to the following, to perform the testing services specified herein using the Sample and information provided to Viome and disclose the results of test and analyses to you and to others you specifically authorize:
i. You represent that you are eighteen (18) years of age or older with capacity to enter into binding contracts based on the laws of the country of your residence;
ii. You are guaranteeing that any Sample you provide to Viome is yours, and if you are agreeing to these Terms on behalf of a minor as a parent or legal guardian, or a person for whom you have legal authorization, you are confirming that the Sample provided will be the Sample of that minor or the person;
iii. If you are a customer outside the U.S. providing a saliva Sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside;
iv. You agree that any sample you provide and all resulting data may be transferred and/or processed outside the country of your residence;
v. You are aware that some of the results and information you receive may generate strong emotions;
vi. You take responsibility for all possible consequences resulting from your sharing with others access to your test results and Self-Reported Information;
viii. You understand that by providing any Sample, Self-Reported Information, and having them processed, you acquire no ownership or licensing rights in any research or commercial products that may be developed by Viome or its collaborating partners. You specifically understand that you will not receive any current or future compensation for any research or commercial products that include or result from use of your Samples, Self-Reported Information, and test results; and
ix. You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations Viome has the right to suspend or terminate your Account and refuse any and all current or future Services. And you agree to defend and indemnify Viome and its affiliates and successors against any liability, costs, or damages arising out of the breach of these representations.
Export Controls and Compliance with Law
Recognizing the global nature of the online Services, you agree to comply with all local rules regarding doing business online, specifically, you agree i) that submitting your Sample to Viome is not subject to any export ban or restriction in the country of your residence; ii) that your Sample and Personal Information may be transferred and/or processed outside the country in which you reside; and iii) that you will comply with all applicable laws regarding the transmission of technical information exported or imported from the United States or the country from which you access the Services online.
You may terminate your legal agreement with Viome, by notifying Viome at any time in writing, with a request to close your Account for the Services. Your notice should be sent, in writing, addressed to Viome via Customer Service as specified below. If you provide notice online, Viome will send you an email asking for confirmation of your request, and your notice will be effective following receipt of a second email from you by Viome confirming your request.
Viome Customer Service (Account Closure)
81 Camino Entrada, Suite 100
Los Alamos, NM 87544
Viome may at any time, terminate its legal agreement and accounts with you if:
(i) you have breached any of these Terms; (ii) Viome is required to do so by law (iii) Viome Service partner has terminated its relationship with Viome or ceased to offer the Services to you; (iv) Viome is no longer providing the Services to users in your location; or (v) provision of Services to you is no longer commercially viable.
You acknowledge and agree that Viome shall not be liable to you or any third party for any termination of your access to the Services.
By utilizing the Services, you represent that you are aware of the potential risks associated with the use of the Services, including the collection and submission of Samples to Viome.
Some potential risks associated with the Service are as follows:
a) You may feel discomfort or embarrassment when collecting Sample(s)
b) You may receive diet and nutritional recommendations indicating foods or supplements to which you are allergic or sensitive. If you have a known or suspected allergy or sensitivity, you should not follow that recommendation
c) A specific health or medical condition(s) you may have may not get better or may get worse and you may develop new conditions
d) Some survey questions may make you or your family members uncomfortable
e) A security breach or failure to follow certain protocol could result in unauthorized disclosure of your data such as PI, PII, or PHI
f) You may learn information about yourself that prompts you to follow-up with your physician. You will be fully responsible for the costs of this follow-up testing and any resulting treatment
g) You may find out information about yourself that will cause you to worry or become anxious
h) For use with certain opt in and additional Services, when collecting Samples, you may feel pain or discomfort from the lancet device used to collect blood from your fingertip. The blood collection may also cause you to bleed; this will likely be minor and should stop with pressure. There is also a chance that you may faint or feel light-headed. The puncture site could become infected
i) Viome will not provide any payment or treatment if you have an injury while collecting Samples
j) There may be other unknown risks to participation that are not foreseeable at present.
Viome utilizes physicians to sign off on authorization to conduct Viome tests in certain jurisdictions that restrict the sale of direct-to-consumer lab tests without physician authorization. By accepting these Terms, you authorize Viome to share your Personal Information (including Registration information, Sample Data, Test Data, Self-Reported Information, and any Medical Information) with these physicians for the purpose of providing you the Services, subject to the limitations set forth below:
You further agree as follows:
“I hereby authorize Viome, to use and disclose health information about me in the manner and for the purposes described above with the physicians that Viome use for such authorizations. This authorization applies to the use and disclosure of the following information about me: all information in requests (s) submitted by me or about me with my consent and the laboratory test values/results/information which are the result of the request(s) so submitted. For avoidance of doubt, I specifically authorize the transfer and release of my information to, between and among myself and the physicians used by (a) Viome, Inc. and its affiliates and successors, their staff and agents; (b) Viome and any labs, staff and agents if applicable; and (c) certain providers for the purposes herein, and as required or permitted by law. This authorization evidences my informed consent to allow release of my information to the physicians used by Viome for the purpose stated above.”
I have the right to revoke this authorization in writing submitted to Viome at any time, for future use of my information. I understand that the revocation will not apply to any information already disclosed by and to the parties referenced in this authorization who have acted in reliance upon this authorization.
To revoke this authorization, I agree to submit my written revocation to with a copy to Viome at:
Attn: Legal Department (Revocations)
10400 NE 4th St, Suite 500
Bellevue, WA 98004
Charges and Billing
Viome charges an additional fee for certain products (such as supplements), features, and opt-in services associated with the Service. You must provide a valid credit card number or payment method when you order Viome Service. You represent and warrant that you are authorized to use such credit card or payment method, and you agree to pay all charges incurred by your Account. You agree that we may pass your credit card information and related PII to our designated service provider(s) for their use in charging you for the Services ordered by you. All charges are exclusive of sales and other taxes, and you are responsible for payment of any applicable taxes (other than taxes on Viome income).
We reserve the right to accept or reject orders for any reason. Price and availability of Services are subject to change without notice (unless you have purchased an ongoing subscription to a Viome Service, in which case the subscription price paid by you for such Service shall apply during the term of such subscription). You agree that any payment submitted by you for Viome Services is submitted on behalf of yourself, without expectation of any reimbursement by third-party payers. Viome does not undertake to submit any information provided by you for reimbursement or payment from private insurance carriers, Medicare, Medicaid, or any other third-party payers.
Viome may offer paid subscription Service plans (“Subscription Plan”) which provide for ongoing Services over a specified period of time (for example, monthly, quarterly, annually, etc.). Any such Subscription Plan shall automatically renew at the end of the stated Service period (and again at the end of any subsequent renewal Service periods) at the then-current renewal price until cancelled. Without limiting the foregoing terms and conditions, the initial Service period for a given Subscription Plan shall commence on the date Viome receives your Samples for testing and analysis and shall continue thereafter for the applicable Service period.
Returns and Refund Policy
Viome offers a full refund for Viome Services in the amount of the actual purchase price paid to Viome excluding any shipping and handling fees if any (“purchase price”), provided that the order is cancelled within 24 hours of the purchase.
If a refund is requested (with the return of the Sample Kit), after 24 hours of purchase but within 14 days of purchase, we offer a refund in the amount of the purchase price. The shipping and handling costs plus tax (if any and where applicable) are non-refundable.
No refund will be available if Viome determines, in its sole discretion, that the user has violated any of these Terms. Qualifying refunds received within 14 days of purchase date will be issued within 45 days of the refund request date. Upon completion of your refund, if you do not have other Services registered, your Viome Account access may be discontinued and the Sample Kit subject to refund will not be processed.
Upon request, Viome may ship a replacement Sample Kit due to non-usability, damage, or defect, provided that you have not submitted Samples using the Sample Kit subject to replacement and the Sample Kit is not expired. Viome will not charge any fees in connection with this replacement if it is determined that the cause for such replacement is attributable solely to Viome.
Viome offers you the price guarantee in that if Viome Service is made available to customers at a price lower than the purchase price you paid for the same Service within 72 hours of your purchase, we will refund you the difference in the sale price and the price you paid for the Service.
If you cancel any Subscription Plan subject to auto-renewal, we will allow you to continue to access your Viome Account until the most recently paid-up subscription period expires.
All Viome trademarks, service marks, trade names, logos, domain names, and any other features of the Viome brand are the sole property of Viome or its licensors. These Terms do not grant you any rights to use any Viome trademarks or brand features whether for commercial or non-commercial use. Viome, Inc., Viome, and other Viome logos and products and service names are trademarks of Viome together with any other Viome trade names, service marks, logos, domain names, and other distinctive brand features are the Viome marks. Unless you have specifically agreed otherwise in writing with Viome, other than the limited license specified herein, nothing in these Terms or Service gives you a right to use any Viome marks and you agree not to display or use Viome marks in any manner.
You agree that you shall not remove, obscure, or alter any proprietary rights, marks, or notices that may be affixed to or contained in the Services.
Unless otherwise expressly authorized in writing, you agree that in using the Services, you will not use any trademark, service mark, trade name, or logo of Viome in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
Viome respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are provided to us in accordance with applicable law. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Viome will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing in connection with the Service is:
Attn: Legal Department (Copyrights)
10400 NE 4th St, Suite 500
Bellevue, WA 98004
Providers and Listed Resources
Your correspondence or business dealings with or participation in promotions of information and the service providers, vendors, sites, or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and those providers and resources. Because Viome has no control over such providers and resources, you agree that Viome is not responsible for the availability and quality of such providers or resources, and does not endorse and is not responsible or liable for any acts of such providers or resources. You acknowledge and agree Viome shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealings with you by such providers or resources on the Service.
Warranty and Disclaimers
THE SERVICE IS NOT A SUBSTITUTE FOR, AND DOES NOT PROVIDE, MEDICAL ADVICE OR CLAIM TO DIAGNOSE, TREAT, CURE, OR PREVENT AND DISEASE OR ILLNESS. THE SERVICE AND THE INFORMATION ON VIOME WEBSITE IS PROVIDED FOR EDUCATIONAL, INFORMATIONAL, AND ENJOYMENT PURPOSES ONLY WITH THE UNDERSTANDING THAT VIOME IS NOT ENGAGED IN RENDERING MEDICAL ADVICE OR RECOMMENDATION, AND IS NOT TO BE USED FOR THE DIRECTION OF OR CARE OF INDIVIDUAL PATIENTS UNLESS OTHERWISE EXPLICITLY SPECIFIED OR AGREED.
THE SERVICE IS GENERAL IN NATURE AND IS NOT INTENDED FOR ANY PARTICULAR PURPOSE, INCLUDING, IN ANY WAY, TO BE A SUBSTITUTE FOR A MEDICAL EXAMINATION OR ANY PROFESSIONAL MEDICAL ADVICE, MEDICAL OPINION, DIAGNOSIS OR TREATMENT, SYMPTOM ASSESSMENT, OR HEALTH COUNSELING FOR ITS USERS. ALWAYS SEEK THE ADVICE OF APPROPRIATELY QUALIFIED AND REGULATED HEALTH PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE WITH REGARD TO A SPECIFIC MEDICAL CONDITION FOR TREATMENT OF WHICH YOU ARE CONCERNED. IT IS IMPORTANT NOT TO DISREGARD OR DELAY SEEKING CONSULTATIVE ADVICE BECAUSE OF SOMETHING YOU HAVE READ OR VIEWED WHILE USING THE SERVICE. RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICE AND ITS INFORMATION.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VIOME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS OF THE SERVICE. VIOME DOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SERVICE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. VIOME IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED IN OR ON THE SERVICE OR ACCESSED THROUGH THE SERVICE. WHILE VIOME ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, VIOME CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS OF THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS WHEN ACCESSING THE SERVICE.
Limitation of Liability
IN NO EVENT SHALL VIOME OR ANY OF ITS CORPORATE AFFILIATES, SUCCESSORS, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SERVICE OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM VIOME, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO VIOME’S SERVICE OR VIOME’S RECORDS. THE AGGREGATE LIABILITY OF VIOME, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICE, SHALL NOT EXCEED ANY FEES YOU PAY, IF ANY, TO VIOME FOR ACCESS TO OR USE OF THE SERVICE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify and hold harmless Viome, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to the Service, including without limitation any actual or threatened suit, demand, or claim arising out of or relating to the use of customer content, the information supplied to you by Viome, the conduct of your health care provider, your conduct, your violation of these Terms, or your violation of the rights of any third party.
Any controversy or claim between the parties or arising out of these Terms or any use of the Service shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The selected arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency, or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empaneled, the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, videoconference, and other forms of real-time communications. If the arbitrator requires in-person hearings, the hearings shall be held in Seattle, Washington. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction. In no event shall any claim, action or proceeding related in any way to the Service be instituted more than two (2) years after the cause of action arose.
Waiver of Jury Trials and Class Actions
BY ENTERING INTO THESE TERMS, YOU AND VIOME ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
Viome Notices to you may be made via either email or regular mail. Viome may also provide notices of changes to these Terms by displaying them on or through the Services. Any notices that you provide without compliance with this section on Notices shall have no legal effect. Unless otherwise specifically provided for, any official notices to Viome related to these Terms must be sent to:
Attn: Legal Department (Notices)
10400 NE 4th St, Suite 500
Bellevue, WA 98004
These Terms and the resolution of any dispute related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Washington, United States of America, without giving effect to that state’s principles of conflicts of laws. The federal and state courts of the State of Washington shall have exclusive jurisdiction over all claims.
If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be enforced only to the extent it is enforceable and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.
Neither party may assign this Agreement without the written consent of the other and any attempt to do so shall be void; provided however that Viome may assign this Agreement as part of a merger or acquisition of substantially all of its assets or stock.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Viome.
No waiver of any term, provision or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
If the performance of any part of these Terms by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.