VIOME TERMS OF SERVICE
Effective Date: May 20, 2020
Viome, Inc (“Viome”) is an AI-driven, personalized therapeutics platform and application that empowers people with data and technology based on the functional analysis of microbial, mitochondrial, and human gene expression. Our services include access to the Viome public website, mobile application, and personal “omics” testing services (e.g., microbiome, genetic, transcriptome, etc.), including the collection and analysis of stool, blood, saliva, or other biological samples.
Using the sample collection kits (“Kits”), customers 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 analyzed using Viome proprietary technology to generate test results (“Test Results”) that Viome will use to make personalized diet, supplements, and lifestyle recommendations 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 (“Viome Account” or “Account”) and will be asked to complete an initial questionnaire in full in order to start the Sample testing process by Viome CLIA certified laboratories and view the results and recommendations sent by Viome.
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 Terms of Service (“Terms”) govern your (“you” “customer” or “user”) access to and use of our services, products, programs, microbiome testing service, Research, Research Studies, optional Study Participation programs, website, software applications including mobile applications, data analysis, Kits, collection and analysis of stool, blood, saliva, cheek or chin swab 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 separately, if any, on other matters.
By subscribing to or using the Service, accessing any content made available through the Service, or clicking to accept or agree to these Terms, where this option is made available to you 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 Accounts 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 or any component of it and any associated Account(s) therewith immediately and without further notice.
Order of Precedence
Please note that some features of Viome Services may be provided under additional or separate legal agreements or consents between Viome and you. If that is the case, when you first participate in or use such features, you will be provided an opportunity to review and agree to the terms that govern such Service features. We may also require your affirmative acceptance of the informed consent forms applicable to Service features such as optional Research Studies and Study Participations. If there is a conflict between these Terms and legal terms applicable to a particular Service feature, Research Studies, or Study Participations, the terms in such agreements and consent forms will take precedence over these Terms with respect only to those specific Service features.
Revisions and Updates
Viome reserves the right to change, revise, update, or modify these Terms or any notices, policies, or guidelines 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 to understand the most current terms and conditions that apply to your use of the Service.
Viome Test Kits
Viome’s current Service Kit offerings include the standalone Gut Intelligence® (“GI Test”) and the Health Intelligence™ (“HI Test”). Below you will find important Notices, Instructions and Restrictions applicable to the test Kits currently provided by Viome:
Gut Intelligence® (“GI Test”)
GI Test Kit is the test that analyzes your dynamic microbiome and provides you with personalized diet, lifestyle, and supplement recommendations.
Health Intelligence™ (“HI Test”)
HI Test Kit is a combination of the GI Test and the Human Gene Expression™ (“HGE Test”), offered together, as one composite Kit suite. The integrated GI Test and HGE Test results are analyzed by Viome to unlock the dynamic microbial and human gene interactions in your body that form the basis of even more personalized and precise diet, lifestyle, and supplement recommendations delivered to you. You can read more about what you get for each Kit in their product descriptions. The important terms applicable to these test Kits can be found in these Terms of Service.
GI Test Kits are available in the US and international locations, subject to certain limitations. HI Test Kits are currently available only in the US. We are currently working on expanding the availability of both GI Test and HI Test Kits in international markets. Both GI Test and HI Test (HGE and GI Combined) tests are not open for residents living in the State of New York. In addition, GI Test is not open to residents in the Canadian province of Newfoundland and UK residents residing in residential care of a nursing home in Northern Ireland. GI and HI Tests are generally open to adults and minors both (subject to certain limitations). Viome Sample Return Policy as stated in these Terms applies to all Kits provided by Viome. If you have questions relating to Viome Kit availability in your region, please contact Customer Service for further details using the information below:
Visit support.viome.com and click “Contact Us” to request Assistance with Kit Availability
For both GI and HI Test Kits, you are required to carefully read and follow the instructions that accompany these Kits. Failure to follow the accompanying instructions exactly may lead to rejection or failure of your Samples processed by Viome laboratory.
As stated in the Instructions, for processing HI Test, Viome requires both GI and HGE Kit Samples returned to our lab at the same time to release HI Test Results. A delay in receipt of either Sample would delay the Test Results of HI Test. If you fail to return both the Samples for HI Test within two (2) weeks of one another for some reason, you are required to contact our Customer Service for further guidance using the information below:
Visit support.viome.com and click “Contact Us” to request Assistance with HI Samples
Viome does not offer HGE Test as a standalone Kit, and HGE Test Results are not available or released as a standalone. HGE Test Results are released only as HI Test Results.
If you sent only the GI Kit Sample and do not wish to send the HGE Kit Sample, you may choose to receive only the GI Test Results independently of the HI Test Results. If you do this, you choose to not send HGE Sample (cancel that portion), and agree not to receive HI Test Results, and your HI Kit will be processed as if it is a GI Kit. There will not be any refund for partial tests.
Discontinued Test Kits
As of December 15, 2019, Viome has discontinued the Food Sensitivity Intelligence™ (“FSI Test”) Kits. We no longer offer FSI Test Kits and its Service is discontinued subject to your rights in Viome Sample Return Policy. If you have any questions on discontinued Test Kits, please send a request to our Customer Service using the information provided above, for further details, with the subject line: Discontinued Kits.
a) How we collect
We may collect information about you, 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, communicating with us, while visiting our website and online resources, or signed in to your Viome Account.
b) Why we collect
Your information is used for the purpose of provisioning the Service, communicating with you, research and development, studies, and improving our data analysis methods and the artificial intelligence engine that help us provide you with more accurate and personalized diet, supplements, and lifestyle recommendations.
c) Types we collect
We may collect personal information about an identifiable individual (“Personal Information”). We may collect Personally Identifiable Information (“PII”) about an individual when used alone or with other relevant data that can identify that individual (e.g., first and last name, birthdate, home address, social security number, bank account number, passport number, etc.).
We may also collect personal data (“Personal Data”) relating to a natural person from customers residing in certain regions of the world (e.g., European Union) according to the privacy regulations governing those regions.
You may provide us with your information about health status, provision of health care, medical record, or payment history (“Protected Health Information” or “PHI”) in the course of using the Service.
We collect self-reported information about yourself, including your disease conditions, health-related information, personal traits, ethnicity, family history, and other information that you provide as answers to the initial or additional questionnaires, forms, or features of our Service, engaging with our Customer Service, or using the Services (“Self-Reported Information”). Self-Reported Information is used with your Test Results for the purpose of providing personalized diet, lifestyle, and supplements recommendations, and for generating data analytics broadly at the population level.
We may collect Sensitive Data, a category of Personal Data of an individual relating to confidential medical facts, records, racial or ethnic origins, political or religious beliefs, or sexuality.
User Content is content that you post or upload on our website, social media, or public forums that relate to us or materials generated by users of Services and transmitted to Viome through public or private media.
d) How we use
Viome may use the Personal Information you provided us for purposes that include provisioning our Service, improving our Services, conducting data analysis, improving our artificial intelligence engine, research and development, clinical research studies (clinical trials and other studies lead by Viome research protocols), identifying candidates for optional Study Participations, internal decision-making, sales, marketing, customer service, and for other purposes as we may deem necessary.
e) How we disclose
You agree that Viome is free to store, 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:
i) comply with legal processes (such as a judicial proceeding, court order, or government inquiry);
ii) fulfill obligations arising out of ethical or professional rules, laws, and regulations;
iii) enforce these Terms;
iv) respond to claims that Service violates the rights of third parties;
v) protect the rights, property, or personal safety of Viome, its employees, its users, its customers, and the public;
vi) initiate Research Studies and Study Participations; and
vii) assist the service providers who help us perform services necessary to deliver the Service to you.
f) Important Privacy Practices
Viome employs strong de-identification, anonymization, pseudonymization, and aggregation measures to assure privacy of its user data. “De-identification” is a process that involves removal of personally identifying information in order to protect personal privacy. “Anonymization” involves permanently and completely removing all personal identifiers from Personal Data so that they can no longer be associated with an individual in any manner. “Pseudonymization” is removing personal identifiers of data and replacing them with artificial identifiers (pseudonyms), which are held separately from the natural identifiers. “Aggregation” of data means high-level data collected from a group of individual Samples compiled into data summaries or summary statistics to avoid their identification with an individual.
Viome may use your Personal Information in de-identified, anonymized, pseudonymized or aggregated forms for research, analysis, and product improvement and development. Research and product development are important aspects of our Service. We believe that the insights we gain and scientific discoveries we make in the future may benefit the general population as a whole and may also indirectly benefit you or your family.
Research Studies and Study Participations may use individual-level Personal Information, and these are conducted only after you have accepted an optional Consent Form at Registration or while using the Service. You can choose to accept or decline Consent Forms or choose not to respond.
You understand that the technical processing and transmission of your Personal Information as part of the Services may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
To ensure the confidentiality, integrity, and security of your data and your Test Results, Viome employs several technical and physical safeguards to assure that your Test Results cannot be easily associated with you individually over time (e.g., we separate customers’ PII from PHI and store them separately with strong access controls).
We do not share your Personal Information or Test Results with employers or health insurance providers or companies, and Viome will not sell, lease or rent your individual-level Personal Information to third parties. However, we may use and share de-identified and aggregated information (that does not identify you personally) with third parties in order to perform business operations, initiate Research Studies or Study Participations, customer support, improve our Services, and for marketing and other communications purposes.
Ownership of Service and Materials
The Service, and all designs, text, graphics, pictures, images, content, videos, information, data, recommendations, results, 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, trade secrets, patent, and other intellectual property laws.
Software and Mobile Applications
Your rights in use of 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 to 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 purpose, and that you will not redistribute, resell, or transfer the Service or the Materials. (Gifts are considered as personal, non-commercial use.)
In the absence of a validly executed authorized channel partner agreement (“Authorized Channel Partner Agreement”) between you and Viome, any attempts to use the Services or the Kits for non-personal and commercial purposes in violation of these Terms (including reselling, distributing, and transferring to third parties for consideration) will have the effect of rendering the above license invalid and of no avail in law. Viome reserves the discretion to refuse Registration of any Kits obtained in violation of these Terms. If you are interested in becoming an Authorized Channel Partner, please contact our Customer Service for guidance by submitting a request using the information below:
Visit support.viome.com and click “Contact Us” to request Assistance with Channel Partnerships
You agree to abide by our Terms and not to use the Service or any part of it 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 or any third party 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.
All 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 applicable 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 such as Research Studies and Study Participations 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 Services or features for anyone below the age of 18, and you agree not to use such Service or Service features or cause such Service or features 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 not be available to residents of certain States within the United States and in some international locations. Please read the Notices section above for further details on such limitations.
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 a 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.
On certain occasions, in order to preserve the authenticity and integrity of Viome Kits, our Registration system may not allow you to establish a Viome Account and Register a Kit if you have not purchased your Kit from a verifiable source such as from an Authorized Channel Partner. We request you to exercise caution in purchasing Kits from unauthorized sources. For verification of Authorized Channel Partner status, please contact our Customer Service by submitting a request using the information below:
Visit support.viome.com and click “Contact Us” to request Channel Partner Verification
Sample Return Policy
At the time of Registration, you will also be prompted to accept Viome’s Sample Return Policy that contains important notices on timelines applicable to returning the Samples to Viome labs within six (6) months from the date of purchase of the Kits (“Sample Return Policy”).
In order to ensure we receive the highest quality Samples for testing, Viome Sample Return Policy requires that your Kit be used, and your Sample be returned to Viome laboratories for processing within six (6) months of the purchase date.
For all Kits purchased after August 15, 2019:
If you purchased a Kit after August 15, 2019 and you still have not sent your Sample within the six (6) months period specified in the Sample Return Policy above, please contact our Customer Service for further guidance by submitting a request using the information below:
Visit support.viome.com and click “Contact Us” to request Assistance with Sample Return Policy
For all Kits purchased before August 15, 2019:
For all Kits purchased before August 15, 2019, we require the return of your Samples before June 31, 2020, or within twelve (12) months of the date of purchase (whichever is later). If you are unable to submit the Samples within this time for any reason (including COVID-19 restrictions applicable to your location), please contact our Customer Service promptly for further guidance by submitting a request using the information below:
Visit support.viome.com and click “Contact Us” to request Assistance with Kits Before 8.15.2919
Expired Kits Notice
After the above timelines specified in this Sample Return Policy, the Kits that have not been used to return the Samples within the respective six (6) and twelve (12) months periods, and you have not contacted Viome Customer Service as specified above in this Sample Return Policy, such Kits are deemed expired, and they will not be processed by Viome. By this Expired Kits Notice in the Sample Return Policy, we have notified you of these key timelines applicable to Kit expirations and Sample returns. If you have any questions on Expired Kits Notice or this Sample Return Policy, please contact Viome Customer Service using the details provided above.
Shipping Carrier Notices
In shipping Kits to various international locations, Viome uses third party shipping carriers to deliver the Kits to you. They require us to inform you of the important terms applicable to the terms of their services to certain regions of the world (“Shipping Carrier Notices”). In choosing to ship to these locations, you agree to the Shipping Carrier Notices specified below:
Shipping to European Union (EU) countries
By accepting these Terms and placing the orders for Viome Services, you authorize the Viome chosen international shipping carrier (and its subcontractors when used) (currently, “DHL” and “Stuff4”, respectively) and their successors in the event of a change of carrier, to import the Kits (referred to as “goods” for the purpose of this Section) on your behalf and in your name.
By accepting these Terms, you authorize Viome’s chosen international shipping carrier (and their subcontractors) as identified above to import the goods on your behalf. Further you agree that the carrier may delegate their obligation to import the goods on its behalf to a subcontractor (e.g. customs broker). You agree to pay the applicable taxes and duties applicable to importing Kits to your location, in addition to the purchase price of the goods.
Research and Research Studies
Research is an important aspect of our Services, and by using the Service and acceptance of these Terms, you grant us the consent to use your information for research and development purposes (“Research”). The human microbiome and gene expression are complex subjects, but the more Research we do with a greater number of Samples, the sooner we will be able to unravel the many ways the microbiome and gene expression are associated with various health and disease conditions and use that knowledge to improve our current and future Services.
We want to ensure you are aware of current and future opportunities to support and contribute to meaningful scientific discoveries and novel research conducted by Viome through Viome Research Institute (“VRI”). At VRI our aim is to improve our Service using the data we gather from our Research. In using your information for Research, we mostly use de-identified data (stripped of your personal details such as your name, contact information, and other identifiers) and use techniques like aggregation with information of others so that you cannot reasonably be identified as an individual.
Research activities may also entail Viome lead clinical studies and research activities identified by Viome study protocols that support a specific diagnosis of a disease, development of a treatment, or predict certain health conditions that may involve use of your Personally Identifiable Information (“Research Study” or “Research Studies”). Research Studies may also, publish results in peer-reviewed scientific publications, develop scientific know how and generate intellectual property assets which may also include commercialization activities, and develop technology that improve healthcare for all. Participation in Research Studies is voluntary. You consent to Research Studies is expressed by acceptance of the Participant Information and Consent Form (“Consent Form”) presented to you at Registration or while using the Service.
Irrespective of your acceptance of a Consent Form at Registration, we may reach out to you, from time to time, notifying you of the upcoming Research Study opportunities, and we may also reach out if we require use of additional Personally Identifiable Information or ask additional questions relevant to a specific Research Study. We will present you with additional Consent Forms allowing you with the opportunity to review the details and grant us the consent to use your individual-level Personal Information for Research Studies. You may accept or reject acceptance of these Consent Forms or decide not to respond.
You agree that your consent to use your Personal Information for Research Studies does not entail any compensation (current or future) in any way or form (cash, equity, or other). Though we generally do not use minors for Research Studies, if you are a parent or a legal guardian of a minor, you wish to have your minor enrolled in Research Studies you will be required to affirmatively accept the parental consent form that grants us your informed consent to use your minor’s data for Research Studies purposes.
If you are a resident of Canada or United Kingdom (UK), because the law in these two locations considers Sample testing and analysis of your data for providing you with our Service as conducting research regulated by law. In addition to these Terms, for these two countries only, you will also be prompted to affirmatively accept the applicable mandatory informed consent form (as required by law) that amounts to your informed consent for testing and analysis of your Samples and use of your data in the manner specified above for Research Studies.
Optional Study Participations
Based on the Personal Information you have provided to us or your acceptance of a Consent Form, if we identify you as a potential participant in an optional study specific research that involves collaboration with external parties such as non-profit foundations, academic institutions, pharmaceutical companies, or commercial research partners (“Study Participations”), you agree that we may contact you through email or Software or mobile application for the purpose of sending you a study specific Consent Form with details of the study including the collaborator with whom we may share your data for your acceptance that allows you to be part of Study Participations. Study Participations are completely optional for participants.
By accepting a specific Consent Form while using the Service, you agree for Study Participations, and give your optional voluntary informed consent for Viome to collect and share your Personal Information (such as biological Samples and other Personal Information, Self-Reported Information, and answers to questionnaires and forms, Test Results, and data generated as part of Viome’s analysis), with the study collaborators for Study Participations. Further, you also consent to Viome storing your Personal Information for use with a variety of current and future Research Studies and specific Study Participations.
Marketing and Communications
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:
i) any resale, offer to sell, and commercial (non-personal) use of the Kits, Service or the Materials;
ii) the distribution (online or offline), public performance or public display of the Kits or any of the Materials without a separate and validly executed Authorized Channel Partner Agreement with Viome;
iii) misrepresent the identity or create false or deceitful identities of persons and applicable details in order to place orders of Kits;
iv) any modification or derivative use of the Service or the Materials or any portion;
v) any use of automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service;
vi) the download (other than page caching) of any portion of the Service, the Materials, or any information contained therein, except as expressly permitted;
vii) 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;
viii) 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;
ix) use of communication systems provided by the Service for any unauthorized commercial solicitation purposes;
x) use of any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
xi) misrepresenting the age of majority, parental rights, or the legal guardianship of a minor;
xii) impersonate, falsification of identity, or misrepresent your affiliation with any person or entity;
xiii) use the Services or Materials outside of the countries where such use is permitted;
xiv) modify or disguise the origin of any content transmitted through the Service or Materials in a manner that leads to consumer confusion;
xv) 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;
xvi) 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;
xvii) engage in "framing," "mirroring," or otherwise simulating the appearance or function of Viome or our Services or Materials;
xviii) 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.);
xix) violate these Terms, code of conduct or other guidelines, which may be applicable to a specific area of the Service or have been notified;
xx) any use of the Service or the Materials other than for their intended purposes;
xxi) intentional or unintentional violation of local, state, national, or international law, or any regulations having the force of law; and
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 delays 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, or 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.
Certain conditions and circumstances associated with the business operations of the Service may result in unexpected delays in shipping Kits, processing, testing, and analysis of the Samples you have returned. 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.
You agree that processing orders from and shipping Kits to certain international locations may take extra time due to additional constraints applicable to payment verifications and restricted timelines given by shipping carriers. You agree that your delay in creating a Viome Account (on the website or mobile application) and providing answers to the initial questionnaire in full will cause delay in starting the Sample testing process, which intern cause delay in receiving your Test Results and diet and lifestyle recommendations.
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 you have made available to Viome and other users of the Service. You are solely responsible for all User Content that you choose to post or otherwise transmit to or through the Service.
Viome has the right to refuse accepting or publishing 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 license and 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 for 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 Collection and Submission
For using the Services that require collection and return of Samples for testing and analysis, we require your acceptance and compliance with the Sample Return Policy that you are required to accept at Registration. In connection with certain add on or ancillary features of the Service, you may also be invited to collect and return Sample types other than stool or blood which may include, without limitation, saliva, cheek swab, skin swab, or urine samples, using the Kits provided by Viome.
Irrespective of the Service you purchased, subscribed to, or consented to use, the Kits will include detailed instructions on Sample returns and specific timelines applicable to such Sample returns, Kit Registration details, and how to use the Kits correctly to collect and return your Samples. The Sample Return Policy, Sample Collection Instructions, and any shipping guidelines provided with the Kits are incorporated herein by reference as part of these Terms. You are expected to read and adhere to the terms of these instructions, policies and guidelines.
After you collect your Samples, you agree to return the Samples to Viome according to the shipping instructions provided with the Kits, within the designated timelines specified in the Sample Return Policy, for testing and analysis. You may collect all Samples at home. You agree to read the instructions carefully, use Kits according to the accompanying instructions for each Kit, and to follow good hygiene practices when collecting Samples.
For combined Kits (e.g., HI Test Kit that combines GI Test and HGE Test), it is important that you return the Samples on all combined tests at the same time. Delay in receipt of one Sample without the other may result in delay in release of the overall Test Results. Similarly, in combined Kits, failure of one test will require retaking of both tests. If you are unable to collect and return both Samples within 2 weeks of one another for any reason, you will need to contact our Customer Service for further guidance using the information specified below:
Visit support.viome.com and click “Contact Us” to request Assistance with HI 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, at our CLIA certified laboratory or using a third-party service, if needed, as part of the Service:
i) Gut microbiome analysis to identify and quantify all living organisms (for example, bacteria, viruses, bacteriophages, fungi, parasites, etc.) in your Sample
ii) Gut gene expression analysis to quantify the biological activities of the living organisms in your Sample
iii) Gut metabolite analysis to analyze metabolites in your Sample
iv) Human Gene expression analysis (that does not involve full DNA genetic sequencing used for identifying the inherited diseases)
v) Measure the immune responses expressed by your genes
vi) Effectiveness of the energy production expressed by your genes
When specifically subscribed to, opted in, or agreed to participate by way of acceptance of a Consent Form, Viome may also do any of the following types of tests and analyses using your Samples:
i) 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.)
ii) Personal gene expression analysis to quantify the expression of thousands of your genes that affect your overall well-being
iii) IgG-mediated food sensitivity analysis to quantify IgGs in your blood that react to specific foods
Viome does not perform the following types of tests and analysis as part of its Services:
i) Testing and analysis for detecting infectious and communicable diseases
ii) Testing and analysis to detect inherited diseases and conditions
Samples and Test Results
Viome will provide you with Test Results, and personalized recommendations on diet, lifestyle, and supplements derived from using application of Viome proprietary technology and methodologies in the analysis of your Sample Data, Test Data, 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 they cannot be returned to you once submitted for testing and analyzed by Viome. Data from your Samples will be saved on Viome’s secure cloud servers with industry standard privacy and security safeguards. 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 its data analysis methods and the artificial intelligence engine.
Ownership; Use of Test Results and Data
Waiver of Rights
You understand that you will not receive and you agree to waive any compensation (by way or cash, equity, use rights, 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, Research Studies, or included in Study Participations with collaborators, including commercial partners as stated in these Terms. 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 title to any Research, Research Studies, or commercial products that may be developed by Viome or its collaborating partners. You specifically understand that you will not receive compensation for any commercial products that use, include or result from Samples or any other information you provide to Viome as part of Research, Research Studies or Study Participations, and you agree to waive any and all rights or claims to them.
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 are 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 and associated recommendations 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 representations, to perform the testing services specified herein using the Sample and information provided to Viome, and disclose the Test Results 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 or blood 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 agree that except when the law requires, Viome has no responsibility or liability for the deletion of, erasure, or failure to store any information, communications, or content stored or transmitted by the Services;
vi) You agree that Viome has no responsibility or liability for the loss of data due to malfunction or destruction of data servers or other catastrophic events;
vii) You take responsibility for all possible consequences resulting from your sharing with others access to your Test Results and Self-Reported Information;
ix) You understand that by providing any Sample, Self-Reported Information, and having them processed, you acquire no ownership or licensing rights in any Research, Research Studies, Study Participations, or commercial products that may be developed by Viome, VRI, or its collaborating partners. You specifically understand that you will not receive any current or future compensation for any Research, Research Studies, or commercial products that include or result from use of your Samples, Self-Reported Information, and Test Results;
x) You agree that you will not send us your Sample if you have a reason to believe you have an active infectious disease;
xi) You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations;
xii) You have permission from family members to disclose certain information about you that relates to your family members in your answers;
xiii) Incase if you breach any one or more of these representations, Viome has the right to suspend or terminate your Account and refuse any and all current or future Services; and
xiv) You agree to defend and indemnify Viome and its affiliates and successors against any claims, liability, costs, or damages arising out of the breach of these representations.
By using the Kits and accepting these Terms, you also agree to the following:
i) Receiving the notice on the risks associated with use of the Kits and you use the Kits at your own risk;
ii) You are required to carefully read and follow the applicable instructions for use of Kits and obtaining Samples exactly as stated in each Kit or a component of a Kit;
iii) Receipt of safety precautions included in each Kit or component of a Kit;
iv) Follow the applicable timelines for return of Samples as specified in the Kit and Sample Return Policy;
v) As the parent or guardian of a minor, if you are collecting the Sample of a minor, you are responsible for helping the minor to collect the Samples according to the instructions;
vi) Acknowledge and agree that the form and nature of the Services which Viome provides may change from time to time without prior notice to you; and
vii) As part of continuing innovation, Viome may stop (permanently or temporarily) providing some Services (or any features within the Services) at Viome’s sole discretion, without prior notice to you.
Export - Import Controls; 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 or import 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.
These Terms will continue to be effective until terminated by either you or Viome as set out in this section. You may terminate your legal agreement with Viome, by notifying Viome at any time in writing, along with a request to close your Account for the Services. Your notice should be sent, in writing, by Email addressed to Viome via Customer Service as specified below. Upon receipt of a notice online (by Email), 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 that you are requesting closure of your Account, and Viome confirming such closure.
Visit support.viome.com and click “Contact Us” to request Termination; Account Closure.
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 its termination of this agreement, your Account, or access to the Services.
When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and Viome have benefited from, been subject to, or that have accrued over time while these Terms have been in force or that were expressed to continue indefinitely, shall be unaffected by this termination, and shall continue to apply to such rights, obligations, and liabilities indefinitely.
Possible Risks and Considerations
By utilizing the Services, you represent that you are aware of the potential risks associated with use of the Services, including the collection and submission of Samples to Viome.
Some potential risks associated with using the Service are as follows:
i) You may feel discomfort or embarrassment when collecting Samples
ii) 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
iii) A specific health or medical condition(s) you may have may not get better or may get worse and you may develop new conditions
iv) Some survey questions may make you or your family members uncomfortable
v) Some of the results and information you receive may generate strong emotions
vi) A rare security breach or failure to follow certain protocol in spite of all the measures employed by us against such could result in unauthorized disclosure of your data such as PI, PII, or PHI
vii) 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
viii) You may find out information about yourself that will cause you to worry or become anxious
ix) 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.
x) The blood collection may 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
xi) There can be adverse health effects if you fail to follow exactly the instructions given with the Kits for collecting Samples
xii) Viome will not provide any payment or treatment if you have an injury while collecting Samples
xiii) There may be other unknown risks to participation that are not foreseeable at present
Warnings & Limitations
By using our Services, you agree to receipt of the following warnings and limitation that accompany the applicable Test Kit and you assume the risks associated with using any Kits not in accordance with these warnings:
i) If you have certain medical conditions or are using medications, you agree to use the Kit only after consulting your physician
ii) If you suffer from a congenital or acquired blood-clotting disorder, or take an anticoagulant medication, you agree to use the Kit only after consulting your physician
iii) The preservative in the Sample tubes inside the Kits may pose certain health risks; you agree to follow the instructions that accompany each Kit on steps to follow in case of accidents or misuse.
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.
Currently, certain states require physician authorizations for processing GI and HGE Test Samples at our laboratories.
By accepting these Terms, you authorize Viome to share your Personal Information with the physicians as needed for the purpose of providing their authorizations to process your Samples in the above states, as part of our Service, with no extra fee to you, subject to the conditions set forth below:
You further agree to the following:
“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 Samples submitted by me or about me with my consent and the laboratory test values/results/information which are the result of the Samples 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 am aware, and I agree that 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 send my written revocation by sending a request to Viome Customer Service using the information specified below.
Visit support.viome.com and click “Contact Us” to request PA Revocation
Charges and Billing
Viome may charge additional fees for certain products (such as supplements), features, and opt-in services associated with the Service if you ordered them. 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 fees and 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 fees and 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 Service 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 to Viome for 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.
Returns and Refund Policy
Subject to certain exceptions as specified below, we offer a full refund for Viome Services in the amount of the actual purchase price paid to Viome (“purchase price”) including any shipping and handling cost plus tax, if any, provided that the order is canceled within 24 hours of the purchase.
If a refund is requested after 24 hours but within 14 days of purchase, if the Sample is not returned to Viome, we offer a refund in the amount of the purchase price minus a $25 (USD) processing fee. The shipping and handling cost plus tax (if any and where applicable) are non-refundable.
To request a refund, please send a request to Viome Customer Service using the information specified below.
Visit support.viome.com and click “Contact Us” to Request a Return/Refund
Qualifying refund requests received within 14 days of the purchase date will be issued within forty-five (45) days of the date of request. A Refund is qualified when you have: i) made a valid and verifiable purchase directly from Viome; ii) have not returned the Sample to Viome, iii) the Kit remains unused; and iv) you have not violated these Terms.
All qualifying refunds shall be verifiable as a valid purchase made directly from Viome or through an Authorized Channel Partner of Viome. If your purchase is not verifiable directly from Viome or through an Authorized Channel Partner, your refund request may not be processed by Viome. Such requests should be directed to the source you used to purchase the Kit from, and your return shall be governed by their terms on returns and refunds.
Upon completion of the refund, if you do not have other Services registered with us, your Viome Account access may be discontinued and the Kit subject to the refund will be cancelled and not processed by Viome.
No refunds will be available on requests received after the expiration of 14 days of qualifying refund period. Also, no refund will be available if Viome determines, in its sole discretion, that you have violated any of these Terms.
Refund requests for HI Kits shall be for the entire Kit or Service and not for each individual Test within the Kit. Returns and refunds must be for the entire Kit as a whole.
KIT Replacements and Sale Price Reimbursement
Kit Replacement Policy
Upon a customer’s request, Viome may ship a replacement Kit due to non-usability, damage, or defect, provided that you have not submitted your Sample using the Kit subject to replacement and that the Kit being replaced is purchased within the last twelve (12) months period (“Kit Replacement Policy”). 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 (such as, your Sample fails testing and a new Sample is needed or the Kit is damaged). To make a request for Kit replacement, please contact our Customer Service by using the information specified below.
Visit support.viome.com and click “Contact Us” to request Kit Replacements
Sale Price Reimbursement Policy
Viome offers you the price guarantee in that if a Viome Service is made available to customers at a price lower than the purchase price you paid for the same Service within seventy-two (72) hours of your purchase. Viome will refund you the difference between the sale price and the price you actually paid for the Service.
To make a request for Sale Price Reimbursement, please contact our Customer Service by using the information specified below.
Visit support.viome.com and click “Contact Us” to request Sale Price Reimbursement
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 our 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 send us a notice 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:
Submit via Email: firstname.lastname@example.org
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 HEALTHCARE 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, PUBLIC HEALTH CRISIS, PANDEMIC, LOCKDOWNS, EMERGENCY LAWS, 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 HI FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HI 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 your use of 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 by you to Viome or 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 requests. 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 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 to us 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:
Submit via Email: email@example.com
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 is created by these Terms 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, pandemic, public health crisis, judicial or governmental action, emergency, 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.