Terms of service
Terms of Service
Last revised: July 30, 2026
Welcome to the “Service” (as defined in Section 1) provided by Reset Rx, Inc., a Delaware corporation doing business as ResetRx (“ResetRx”, “we”, “us”, “our”, or the “Company”). These “Terms of Service” (these “Terms” or this “TOS”) are a legally binding electronic contract between you and the Company governing your access to and use of the Service. Please review these Terms carefully before using the Service. The Company’s Privacy Policy, available at https://resetrx.life/policies/privacy-policy, and the Company’s Consumer Health Data Privacy Policy, available at https://resetrx.life/policies/consumer-health-data-privacy-policy, are each incorporated into these Terms by reference. These Terms control your use of the Service; if they conflict with any other agreement or document, these Terms govern, except that the Privacy Policy and the Consumer Health Data Privacy Policy govern with respect to the matters they address.
BY CLICKING “I AGREE” OR A SIMILAR BUTTON, CHECKING A BOX INDICATING YOUR ACCEPTANCE, CREATING AN ACCOUNT, PURCHASING A MEMBERSHIP, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, THE COMPANY’S PRIVACY POLICY, AND THE COMPANY’S CONSUMER HEALTH DATA PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT ACCESS OR USE THE SERVICE IN ANY WAY.
IMPORTANT NOTICE: These Terms contain a binding arbitration agreement and class action and jury trial waivers in Section 27 (Dispute Resolution; Arbitration; Class Action Waiver), which significantly affect your legal rights and the manner in which disputes between you and the Company will be resolved. Please review that section carefully. You have the right to opt out of the arbitration agreement within thirty (30) days of first accepting these Terms as described in Section 27(c).
1. Description of Services
- Nature of the Service. ResetRx operates a digital health-and-wellness platform, delivered primarily through a mobile application, that helps members translate biomarker and lifestyle data into personalized, non-clinical wellness guidance. The Service is organized around a recurring cycle in which a member selects a membership plan, may complete biomarker testing through the Company’s testing partners (on plans that include testing), receives personalized lifestyle guidance from “Eva” (the Company’s artificial-intelligence coaching feature, described in Section 22 (Supplemental Terms for Eva)), follows a daily protocol across lifestyle pillars including nutrition, exercise, sleep, mindset, and weight management, and may retest periodically to track changes. The Service also includes a member dashboard, optional integrations with third-party wearable devices, and a member community. All features, content, and functionality made available through the Company’s website(s), mobile application(s), application programming interfaces, and other platforms are collectively referred to as the “Service” or “Services”. The Company reserves the right to modify, suspend, or discontinue any aspect of the Service at any time without notice.
- Non-Medical Nature of the Service; No Medical Advice. The Service is a wellness and educational service. The Service does not provide medical care, diagnosis, treatment, cures, or prescriptions, and is not a substitute for professional medical advice, diagnosis, or treatment from a licensed healthcare provider. All information and content available through the Service — including biomarker-related information, protocols, recommendations, educational materials, and any output of Eva — is provided for general informational, educational, and wellness purposes only and does not constitute medical advice or create a physician-patient, provider-patient, or other professional-care relationship between you and the Company. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay seeking it because of something you have accessed through the Service. You agree that you will not use the Service, or any content or feature of the Service, for any medical or diagnostic purpose or as the basis for any medical decision; for any such purpose you will consult a licensed healthcare professional.
- No Guarantee of Results. The Service is designed to support general wellness and healthy-lifestyle goals. The Company does not represent, warrant, or guarantee that use of the Service will produce any particular health, biomarker, fitness, weight, or other outcome. Individual results depend on numerous factors outside the Company’s control, including your individual physiology, adherence, and other lifestyle and medical factors. Any descriptions of potential benefits, member experiences, or testimonials reflect individual circumstances and are not a promise or guarantee that you will achieve similar results.
- User Responsibility for Access. You are responsible for obtaining and maintaining, at your own cost, all equipment, software, and connectivity necessary to access the Service, including any fees charged by your internet service provider or mobile carrier.
2. Health Emergencies; Not for Emergency Use
THE SERVICE IS NOT DESIGNED OR INTENDED FOR USE IN MEDICAL EMERGENCIES OR URGENT MEDICAL SITUATIONS. THE SERVICE DOES NOT MONITOR YOUR HEALTH ON A CONTINUOUS OR REAL-TIME BASIS AND CANNOT DETECT OR RESPOND TO MEDICAL EMERGENCIES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, OR THINK YOU MAY BE, CALL 911 (OR YOUR LOCAL EMERGENCY NUMBER) OR GO TO THE NEAREST EMERGENCY DEPARTMENT IMMEDIATELY. Do not use the Service, and do not rely on Eva or any content available through the Service, to address urgent or emergency symptoms or to make any time-sensitive medical decision. If you are experiencing thoughts of self-harm, contact the 988 Suicide and Crisis Lifeline by calling or texting 988. The Service is not a substitute for emergency or acute medical care.
3. Biomarker Testing Services; Authorization
- Testing Services. Certain Subscription Plans include access to biomarker testing (the “Testing Services”). The Testing Services are performed by an independent clinical laboratory, Quest Diagnostics Incorporated (the “Laboratory Partner”), and are ordered by a licensed physician affiliated with an independent physician network, Kulbersh Health Screening Services, LLC (the “Ordering Physician Network”). The Company is not a clinical laboratory, a healthcare provider, or a medical practice; the Company facilitates the testing workflow and does not order tests, draw or collect specimens, perform laboratory analysis, or interpret results in a clinical capacity.
- Authorization. By selecting a Subscription Plan that includes Testing Services and proceeding with testing, you authorize the Company to facilitate, and the Laboratory Partner and the Ordering Physician Network to perform, the ordering, collection, processing, analysis, and delivery of your biomarker tests and results, and you authorize the exchange among the Company, the Laboratory Partner, and the Ordering Physician Network of the information reasonably necessary to provide the Testing Services to you. This authorization is limited to the activities reasonably necessary to provide the Testing Services and the Service to you and does not authorize any other use except as described in these Terms, the Privacy Policy, and the Consumer Health Data Privacy Policy.
- Physician Review; No Company Clinical Judgment. All decisions to order, decline, or authorize a test are made by the licensed physicians of the Ordering Physician Network in their independent professional judgment. The Company does not control and is not responsible for those clinical decisions. A physician may decline to authorize a test based on the information you provide; in that case, Section 10 (Subscription and Auto-Renewal Terms) governs any applicable refund or credit.
- Specimen Collection. Specimen collection is performed at a Laboratory Partner facility or, where offered, by a qualified specialist through a concierge home-collection option. You are responsible for following pre-test instructions (such as fasting requirements) and for scheduling and attending your collection appointment. The availability of testing and collection options may vary by location and plan.
- Results Are Not a Diagnosis. Biomarker results made available through the Service are provided for informational and wellness purposes and are not, by themselves, a diagnosis, a treatment recommendation, or a substitute for evaluation by your own healthcare provider. You should review your results with a licensed healthcare professional. The Company does not guarantee the accuracy, completeness, or clinical significance of any result, which is the responsibility of the Laboratory Partner and the ordering physician as applicable.
- Company’s Role in the Results-Delivery Workflow. The Laboratory Partner reports your test results to the ordering physician of the Ordering Physician Network; where that physician authorizes it, the Company makes your results available to you through the platform. The Company does not maintain medical or clinical staff, does not exercise clinical judgment in the results-delivery process, and does not interpret, evaluate, or supplement your results in a clinical capacity. Any contextual or educational information the Company provides alongside your results—including through Eva—is for general wellness and informational purposes only, is generated by automated systems, and does not constitute a clinical interpretation. See Section 22 (Supplemental Terms for Eva) and Section 1(b) (Non-Medical Nature of the Service).
- Governing Terms and Notices of the Testing Partners. Your use of the Testing Services is also subject to the separate terms, privacy notices, and any applicable notices of privacy practices of the Laboratory Partner and the Ordering Physician Network, which govern their respective handling of your information. Those terms and notices are made available by the Laboratory Partner and the Ordering Physician Network directly, through links provided in the Service, or upon request to the Company. To the extent any such party is a HIPAA-covered entity or business associate, its handling of protected health information is governed by HIPAA and its own notice of privacy practices, as described in Section 12 (HIPAA Status).
- Allocation of Responsibility. As between you and the Company, and to the fullest extent permitted by applicable law, the Company is not responsible for the acts, omissions, clinical decisions, laboratory errors, delays, or result interpretations of the Laboratory Partner, the Ordering Physician Network, or their respective personnel. The disclaimers in Section 18 and the limitations in Section 19 apply to the Testing Services.
- Availability of Testing Services. The Testing Services are not available in all locations. Availability depends on the Laboratory Partner’s service network and applicable state law, and may change over time. The Company may decline or cancel an order for Testing Services placed from a location where the Testing Services are not available, and Section 10 governs any resulting refund or credit. Eligibility is determined at the time you place your order.
4. Use of the Service
- Limited License; Electronic Contract Formation. Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for its intended purposes. All rights not expressly granted are reserved. This license does not include any right to: (i) resell or make commercial use of the Service or its content without the Company’s express written authorization; (ii) use data mining, robots, scrapers, or similar automated tools to extract data from the Service; (iii) frame or mirror any portion of the Service without the Company’s prior written consent; or (iv) copy, reproduce, distribute, or create derivative works of the Service or its content except as expressly permitted. These Terms constitute a legally binding electronic contract under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and applicable state law, formed by your affirmative acceptance as described in the preamble; access alone, without affirmative acceptance, does not constitute agreement.
- Prohibited Uses. You may not use the Service to: (i) violate any applicable law or regulation; (ii) transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of another’s privacy, or otherwise objectionable; (iii) introduce or transmit any malicious code or any code designed to damage, disable, or interfere with the Service or any other systems; (iv) obtain or attempt to obtain unauthorized access to any portion of the Service or any related system, network, or data; (v) impersonate any person or entity or misrepresent your affiliation with any person or entity; (vi) collect or harvest personal information about other users without their consent; (vii) send spam or other unsolicited commercial messages; (viii) engage in fraudulent activity, including providing false account information; (ix) circumvent or interfere with security features of the Service; (x) use the Service to develop a competitive product or service; or (xi) use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use. Any unauthorized use immediately terminates the license granted in Section 4(a).
- Mobile Application; App-Store Terms. The mobile application may be downloaded from the Apple App Store or the Google Play store. Your use of the mobile application is also subject to the applicable app-store provider’s terms of service and usage rules, and the following terms apply to any version of the mobile application downloaded from the Apple App Store: (i) these Terms are an agreement between you and the Company only, and not with Apple Inc. (“Apple”), and the Company, not Apple, is solely responsible for the mobile application and its content; (ii) Apple has no obligation to furnish any maintenance or support services with respect to the mobile application; (iii) in the event of any failure of the mobile application to conform to an applicable warranty, you may notify Apple, and Apple will refund any purchase price paid to Apple for the mobile application; to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the mobile application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are governed by these Terms; (iv) Apple is not responsible for addressing any claims by you or any third party relating to the mobile application or your possession or use of it, including product-liability claims, claims that the mobile application fails to conform to a legal or regulatory requirement, and claims arising under consumer-protection or similar legislation; (v) in the event of any third-party claim that the mobile application or your possession and use of it infringes that third party’s intellectual property rights, the Company, not Apple, is responsible for the investigation, defense, settlement, and discharge of the claim to the extent required by these Terms; (vi) you represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (vii) you must comply with applicable third-party terms of agreement when using the mobile application; and (viii) Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license to the mobile application, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as such a third-party beneficiary. For any version of the mobile application downloaded from Google Play, the Company, not Google LLC, is likewise solely responsible for the mobile application, and your use of it must comply with the Google Play Terms of Service.
5. Eligibility
- Age Requirement. The Service is intended solely for users who are eighteen (18) years of age or older. By accessing or using the Service, you represent and warrant that you are at least 18 years old. The Service is not directed to children under thirteen (13), and the Company does not knowingly collect personal information from children under 13; if the Company learns it has collected such information without verifiable parental consent, it will delete it consistent with applicable law.
- Legal Capacity. By accessing or using the Service, you represent and warrant that you have the legal capacity to enter into a binding contract in the jurisdiction in which you reside.
- Geographic Scope. The Service is operated from and intended for use within the United States. The Company makes no representation that the Service is appropriate or available for use outside the United States. Users who access the Service from outside the United States do so at their own initiative and are solely responsible for compliance with applicable local laws.
6. Registration and Accounts
- Account Creation. To access the Service, you must register for an account through the Company’s website at resetrx.life (each registered user, a “Registered User”). You agree to provide true, accurate, current, and complete information during registration and to keep it updated. The Company may accept or reject any account application in its sole discretion, including by requiring identity verification. The Company currently uses passwordless, email-based authentication to verify your identity when you log in; the Company may change its authentication method at any time. Account registration, membership signup, cancellation, and renewal must be completed through the Company’s website at resetrx.life and cannot be completed through the mobile application.
- Account Security. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to notify the Company immediately at info@resetrx.life upon becoming aware of any unauthorized use of your account. The Company will not be liable for any loss arising from your failure to comply with this obligation.
- Account Suspension and Termination. The Company may suspend or terminate your account, with or without notice, for any violation of these Terms or for any other reason in its sole discretion, as further described in Section 24 (Term and Termination).
7. Member Community; User Content
- User Content. The Service may permit you to post, upload, or share text, images, comments, and other materials in the member community or elsewhere in the Service (collectively, “User Content”). You are solely responsible for your User Content. By submitting User Content, you represent and warrant that you own or have all necessary rights to submit it and to grant the license in Section 7(d), that it does not infringe or violate the rights of any third party, and that it does not violate any applicable law.
- Prohibited Content. You agree not to post User Content that: (i) is defamatory, obscene, harassing, threatening, or hateful on the basis of any protected characteristic; (ii) exploits, sexualizes, or endangers minors; (iii) constitutes spam or unsolicited commercial messages; (iv) infringes any third-party intellectual property right; (v) contains malicious code; (vi) includes another person’s sensitive personal or health information without consent; (vii) is false, misleading, or deceptive in a material way, including any fake, purchased, or incentivized review that violates the FTC’s Consumer Review Rule (16 C.F.R. Part 465); or (viii) provides medical advice to other members or holds you out as a licensed provider. The Company may, but is not obligated to, investigate and take action against violations.
- Monitoring and Removal. The Company has the right, but not the obligation, to review, monitor, screen, edit, refuse, or remove any User Content at any time, for any reason or no reason, without notice. The Company’s exercise or non-exercise of this right does not make it responsible for User Content or obligate it to monitor User Content. The Company will respond to valid copyright notices under Section 25 (Copyright; DMCA Procedures).
- License to User Content. By submitting User Content, you grant the Company and its affiliates, successors, and assigns a royalty-free, worldwide, non-exclusive, sublicensable license to use, copy, reproduce, distribute, display, perform, adapt, modify, and create derivative works of your User Content in connection with operating, promoting, and improving the Service. The use of User Content and other information for artificial-intelligence training is addressed in Section 8 (Your Information; Data Ownership; Artificial-Intelligence Training).
8. Your Information; Data Ownership; Artificial-Intelligence Training
- Your Data. As between you and the Company, you retain ownership of the information and content you provide through onboarding, your interactions with Eva, and your behavioral and biometric inputs (“Member Data”). You grant the Company a worldwide, royalty-free, sublicensable license to use, host, store, reproduce, modify, and process Member Data to operate, provide, personalize, and improve the Service, subject to the Company’s Privacy Policy and Consumer Health Data Privacy Policy.
- How the Company Uses Your Information. The Company’s collection, use, sharing, and retention of your information — including health-related information and information processed through the Testing Services and Eva — are described in the Privacy Policy and the Consumer Health Data Privacy Policy. Those policies, not these Terms, are the operative descriptions of the Company’s privacy practices.
- Artificial-Intelligence Training; Your Consent. The Company may use Member Data and your interactions with the Service, including with Eva, to develop, train, evaluate, and improve artificial-intelligence and machine-learning models and algorithms used in the Service. Where the data used for this purpose includes sensitive or consumer health data, the Company will obtain and rely on the consent described in, and provide the controls described in, the Privacy Policy and Consumer Health Data Privacy Policy, including any right to opt out of AI-training use where applicable law requires. Any consent required for these purposes is requested and obtained as described in the Privacy Policy and the Consumer Health Data Privacy Policy, separately from your acceptance of these Terms, and only de-identified or pseudonymized Member Data is used for these purposes.
- Effect of Cancellation or Deletion. On cancellation of your account or a verified deletion request, the Company will handle your Member Data as described in the Privacy Policy and Consumer Health Data Privacy Policy and as required by applicable law. De-identified or aggregated data and data already incorporated into trained models may be retained to the extent permitted by applicable law.
9. Third-Party Payment Processing
All payment transactions through the Service are processed by third-party payment service providers (“Payment Processors”), which may include the Company’s e-commerce platform provider and its payment partners. Your use of those payment services is subject to the applicable Payment Processor’s terms and privacy policy, which you should review. The Company is not a party to your agreement with any Payment Processor and has no control over Payment Processor systems, errors, delays, or security, and will not be liable for any errors, failures, or unauthorized transactions occurring through a Payment Processor’s systems. You agree to provide accurate, current billing information and authorize the Company and/or the applicable Payment Processor to charge your payment method for all amounts due.
The Service is hosted on, and subscription transactions are processed through, a third-party e-commerce platform (currently Shopify, Inc. and its payment affiliates, including Shopify Payments (USA) Inc. and Stripe, Inc.) (the “E-Commerce Platform Provider”). The E-Commerce Platform Provider’s own terms of service and privacy policy apply to transactions processed through the platform, and the E-Commerce Platform Provider collects and processes certain information about you and your transactions in connection with those services. See the Privacy Policy for details regarding the E-Commerce Platform Provider’s data practices.
10. Subscription and Auto-Renewal Terms
- Subscription Plans. The Company offers the following subscription plans (each, a “Subscription Plan”): (i) the “Rx Basic” plan, a monthly subscription billed on a recurring monthly cycle; and (ii) the “Rx Complete” plan, an annual subscription paid in full at enrollment and renewed annually thereafter. Current pricing — $19 per month for the Rx Basic plan, and $348 per year for the Rx Complete plan, in each case as of the date these Terms were last revised — is displayed at enrollment and at checkout, and the price presented to you at enrollment or renewal governs. The Company may modify, add, or discontinue Subscription Plans subject to the notice and consent requirements in this Section.
- Billing. By selecting a Subscription Plan and providing valid payment information, you authorize the Company and its Payment Processor to charge your payment method for the applicable fee at the beginning of each subscription period. All charges are in U.S. dollars unless otherwise stated. If a payment fails, the Company may retry the charge and may suspend your access until payment is received.
- Automatic Renewal; Affirmative Consent. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION PERIOD FOR A SUCCESSIVE PERIOD OF THE SAME DURATION AT THE THEN-CURRENT RENEWAL PRICE (WHICH MAY DIFFER FROM YOUR INITIAL PRICE), UNLESS YOU CANCEL BEFORE THE RENEWAL DATE IN ACCORDANCE WITH SECTION 10(e). BY ENROLLING, YOU EXPRESSLY AUTHORIZE THE COMPANY TO CHARGE YOUR PAYMENT METHOD FOR SUCCESSIVE RENEWAL PERIODS UNTIL YOU CANCEL. YOUR CONSENT TO AUTOMATIC RENEWAL IS SEPARATE FROM YOUR GENERAL ACCEPTANCE OF THESE TERMS.
- Renewal Notices. Where required by applicable law, the Company will send a renewal reminder to the email associated with your account before an annual renewal or before a free trial or promotional period converts, stating the renewal price, the renewal date, and how to cancel. For an annual Subscription Plan, the reminder will be sent at least fifteen (15) and no more than forty-five (45) days before the renewal date; for any free trial or promotional period lasting longer than thirty-one (31) days, the reminder will be sent at least three (3) and no more than twenty-one (21) days before the trial or promotional period ends.
- Cancellation. You may cancel your Subscription Plan at any time by logging into your account at resetrx.life or by contacting the Company at info@resetrx.life. Cancellation takes effect at the end of your current billing period, and you retain access until that date. The cancellation method is at least as easy to use as enrollment. The Company will send a cancellation confirmation to the email associated with your account.
- Price Changes. The Company may change Subscription Plan prices. For changes affecting your then-current plan, the Company will provide advance notice to the email associated with your account before the change takes effect. Your continued subscription after the effective date constitutes acceptance; if you do not agree, you may cancel before the change takes effect.
- Refunds; Testing Purchases. Except as required by applicable law or as expressly stated in this Section, fees are non-refundable. Refund and cancellation terms vary by Subscription Plan as follows: (i) Rx Basic (Monthly) Plan. The Rx Basic plan is billed on a recurring monthly cycle. You may cancel at any time by logging into your account at resetrx.life; to avoid the charge for the next monthly period, cancel before your next monthly renewal date. Cancellation takes effect at the end of your then-current monthly billing period; no partial-month refunds are provided. (ii) Rx Complete (Annual) Plan. The Rx Complete plan is an annual membership paid in full at enrollment. You may request a full refund within three (3) days of enrollment, provided that you have not yet scheduled an appointment with the Laboratory Partner (Quest Diagnostics Incorporated). Once a Laboratory Partner appointment has been scheduled, no refund is available because scheduling activates significant third-party costs. The Rx Complete plan renews automatically at the end of each annual term at the then-current renewal price. You may cancel auto-renewal at any time by logging into your account at resetrx.life; to avoid renewal, cancel before the annual renewal charge date. (iii) Physician-Declined Tests. Where a physician of the Ordering Physician Network declines to authorize an ordered test, the Company will issue an account credit or, where required by applicable law, a refund for the declined test. The Company will honor the refund and cancellation policy as actually stated in these Terms and in the applicable enrollment materials; any discrepancy between stated policy and practice will be resolved in favor of the consumer. The Company refunds only amounts paid to the Company; amounts billed to you or your health plan directly by the Laboratory Partner are addressed in Section 10(h). Nothing in this Section limits any refund or cancellation right to which you are entitled under applicable law, including California Business and Professions Code Section 17602 (AB 2863) or similar state automatic-renewal statutes.
- Laboratory Charges Billed Directly to You. In certain jurisdictions and billing circumstances, the Laboratory Partner bills you or your health plan directly for laboratory testing. Any such charge is in addition to the amounts you pay the Company under your Subscription Plan, is determined by the Laboratory Partner and your coverage (including whether the Laboratory Partner participates in your health plan’s network), and may exceed the Company’s own pricing. The Company does not set, control, or receive those charges and is not responsible for them. You agree to provide accurate and complete demographic, insurance, and eligibility information in connection with the Testing Services and to keep it current; where a charge results from inaccurate or incomplete information you provided, the Company may pass that charge through to you.
11. Third-Party Affiliates and Services
- Affiliate Relationships. The Company may enter into written agreements with third parties who provide complementary services in connection with the Service (each, a “Company Affiliate”). The Company’s liability with respect to Company Affiliates is limited as set forth in Sections 18 (Disclaimers) and 19 (Limitation of Liability), and reliance on content or services provided by a Company Affiliate is at your own risk.
- No Unauthorized Affiliation. The Company is not affiliated with, and accepts no responsibility for, any website, reseller, or third party that promotes or purports to sell the Company’s services without a current written agreement with the Company.
12. HIPAA Status
The Company acts as a business associate of the Ordering Physician Network, Kulbersh Health Screening Services, LLC, within the meaning of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”), with respect to protected health information received through the Testing Services. The Company receives your test results through the Ordering Physician Network, as described in Section 3(f), and handles that information in its capacity as the Ordering Physician Network’s business associate. Not all information the Company processes is governed by HIPAA; much of the information you provide is consumer health data or other personal information governed by the Privacy Policy and the Consumer Health Data Privacy Policy rather than by HIPAA. Regardless of whether HIPAA applies to a particular data flow, the Company applies protections to your health-related information that are designed to be consistent with HIPAA-level safeguards, as described in those policies. Where HIPAA applies to information held by the Ordering Physician Network or a covered Laboratory Partner affiliate, that information is governed by HIPAA and by that party’s notice of privacy practices.
13. Future Telehealth and Clinical Services
The Company may in the future make available optional telehealth or other clinical services through licensed third-party providers. Any such services will be provided by those licensed providers, not by the Company, and will be governed by separate terms, consents, and privacy practices presented to you at the time the services are offered. Nothing in these Terms constitutes an offer or provision of telehealth or clinical services at this time.
14. Accuracy of Service Content
Excluding User Content, the Company endeavors to provide accurate and reliable information through the Service; however, the Service may contain typographical errors, inaccuracies, or omissions. The Company reserves the right to correct errors and to change or update information at any time without prior notice. The Company is not responsible for inaccuracies or errors in content provided by third parties or Company Affiliates appearing on or through the Service.
15. Proprietary Rights
- Company’s Proprietary Rights. Excluding User Content, all content and materials available through or comprising the Service — including logos, graphics, text, images, audio and video, software, the Eva models and outputs as deployed in the Service, and underlying code — are owned by or licensed to the Company and protected by intellectual property laws. No right, title, or interest is transferred to you by your access or use. Except as expressly permitted by these Terms, you may not reproduce, distribute, display, publish, license, create derivative works from, transfer, sell, or exploit any content from the Service without the Company’s prior written consent.
- Third-Party Proprietary Rights. All trademarks, service marks, and trade names of third parties appearing on or through the Service are the property of their respective owners. The Company is not responsible for infringement arising from User Content or from content provided by Company Affiliates.
16. Links to Third-Party Websites; No Implied Endorsement
The Service may contain links to or integrations with third-party websites, services, or applications, including wearable-device platforms (“Third-Party Services”). The Company has no control over Third-Party Services and is not responsible for their content, accuracy, legality, privacy practices, or any other aspect of them. Inclusion of a link does not imply the Company’s endorsement. Your use of any Third-Party Service is governed by that service’s own terms and privacy policy and is at your own risk.
17. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend (with counsel acceptable to the Company), and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective officers, directors, employees, agents, successors, licensees, and Company Affiliates (collectively, the “Company Indemnitees”) from and against any and all claims, demands, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your access to or use of the Service; (ii) any User Content you submit; (iii) your violation of these Terms; (iv) your violation of any applicable law or regulation; (v) your violation of the rights of any third party; or (vi) any dispute between you and any other user; or (vii) any claim by you or on your behalf against the Company arising from or relating to the acts, omissions, products, services, or outputs of any third-party service provider, technology platform, laboratory, physician, or AI infrastructure provider in connection with the Service, to the extent such claim would not have arisen but for your use of the Service. The Company may assume exclusive defense and control of any indemnifiable claim at its own expense, and you agree to cooperate. This obligation survives termination of these Terms.
18. Disclaimers
- Health and Testing Disclaimer. THE SERVICE, EVA, AND THE TESTING SERVICES ARE PROVIDED FOR GENERAL WELLNESS AND EDUCATIONAL PURPOSES AND ARE NOT MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR CLINICAL SIGNIFICANCE OF ANY BIOMARKER RESULT, PROTOCOL, OR EVA OUTPUT, AND DISCLAIMS ALL LIABILITY FOR ANY HEALTH DECISION MADE IN RELIANCE ON THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR CONSULTING A LICENSED HEALTHCARE PROFESSIONAL REGARDING YOUR HEALTH.
- Third-Party Content and Conduct. THE COMPANY IS NOT RESPONSIBLE FOR USER CONTENT OR OTHER CONTENT PROVIDED BY THIRD PARTIES, INCLUDING THE LABORATORY PARTNER AND THE ORDERING PHYSICIAN NETWORK, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM SUCH CONTENT OR FROM THE ACTS OR OMISSIONS OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICE.
- Technical Errors. THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS, FAILURES, OR UNAUTHORIZED ACCESS ARISING FROM THE OPERATION OF THE SERVICE OR FROM THIRD-PARTY NETWORKS OR SYSTEMS, AND DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
- As-Is; No Warranty. THE SERVICE AND ALL CONTENT, MATERIALS, AND OTHER SERVICES AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT ANY CONTENT IS ACCURATE OR RELIABLE, OR THAT DEFECTS WILL BE CORRECTED.
19. Limitation of Liability
- Exclusion of Consequential Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND THE COMPANY INDEMNITEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- Liability Cap. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNTS PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE HUNDRED DOLLARS (US $100.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, NOT PER INCIDENT.
- State Law Variations. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR CERTAIN DAMAGES, IN THOSE JURISDICTIONS THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THIS SECTION LIMITS LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
20. Assumption of Risk; Release and Discharge
-
Acknowledgment of Inherent Risks. You acknowledge and agree that the Service involves inherent risks, including but not limited to the following: (i) biomarker test results may be inaccurate, incomplete, delayed, or misinterpreted, and specimen collection involves the inherent risks of venipuncture, including bruising, infection, and adverse reactions; (ii) the recommendations, protocols, and outputs of Eva and the Service are generated by automated systems and may be incomplete, inaccurate, unsuitable for your individual circumstances, or inconsistent with the advice of your healthcare providers; (iii) the AI coaching feature (Eva) is built on third-party platforms and large-language-model technology, and its outputs are generated by automated systems that may produce responses that are inaccurate, incomplete, outdated, contradictory, or unsuitable for your individual health circumstances, including responses that conflict with the advice of your healthcare providers, and the Company does not independently verify, and is not responsible for, the accuracy or appropriateness of Eva’s outputs; (iv) the Service depends on third-party technology platforms, AI infrastructure providers, and sub-processors whose systems, performance, and data-handling practices are not within the Company’s control, and a failure, error, data incident, or discontinuation of service by any such provider may affect the availability, accuracy, or security of the Service; (v) lifestyle changes undertaken in connection with the Service — including changes to nutrition, exercise, sleep, or other habits — carry inherent risks, including the risk of physical injury, adverse health effects, or worsening of a pre-existing condition; (vi) third-party service providers — including the Laboratory Partner, the Ordering Physician Network, the E-Commerce Platform Provider, wearable-device platforms, and any future telehealth partners — are independent entities whose acts, omissions, errors, delays, and clinical decisions are not within the Company’s control; (vii) digital platforms are subject to service interruptions, data loss, security breaches, and unauthorized access despite commercially reasonable safeguards; and (viii) the Service is not a substitute for professional medical advice, diagnosis, or treatment, and reliance on the Service rather than on a licensed healthcare provider may result in delayed or missed diagnosis or treatment.
YOU EXPRESSLY ASSUME ALL RISKS DESCRIBED ABOVE AND ALL OTHER RISKS INHERENT IN THE USE OF THE SERVICE, WHETHER OR NOT DESCRIBED IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Release and Discharge. To the fullest extent permitted by applicable law, you, on behalf of yourself and your heirs, executors, administrators, personal representatives, and assigns, hereby release, waive, and forever discharge the Company, the Company Indemnitees (as defined in Section 17), the Laboratory Partner, the Ordering Physician Network, the Company’s AI and health-platform technology providers and their sub-processors, the E-Commerce Platform Provider, and each of their respective officers, directors, employees, agents, contractors, successors, and assigns (collectively, the “Released Parties”) from any and all claims, demands, causes of action, suits, damages, losses, liabilities, costs, and expenses (including attorneys’ fees), whether known or unknown, suspected or unsuspected, that arise out of or relate to: (i) your use of the Service, Eva, or the Testing Services, including any adverse health outcome or physical injury; (ii) reliance on any information, recommendation, protocol, or output of Eva or the Service; (iii) any act, omission, error, delay, or clinical decision of the Laboratory Partner, the Ordering Physician Network, or any other third-party service provider in connection with the Service; (iv) any biomarker test result, including its accuracy, completeness, clinical significance, or timeliness; (v) any lifestyle change you undertake in connection with the Service; (vi) data handling, processing, storage, or security in connection with the Service, except to the extent such claim arises from a violation of the Privacy Policy, the Consumer Health Data Privacy Policy, or applicable data-protection law attributable to the Company; and (vii) the unavailability, interruption, error, or malfunction of the Service or any third-party system.
- Exclusions from Release. THE RELEASE IN SECTION 20(b) DOES NOT APPLY TO CLAIMS ARISING FROM THE COMPANY’S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR INTENTIONAL MISREPRESENTATION, NOR DOES IT WAIVE OR LIMIT ANY RIGHT THAT APPLICABLE LAW PROHIBITS FROM BEING WAIVED OR LIMITED, INCLUDING WITHOUT LIMITATION ANY RIGHT UNDER HIPAA, THE WASHINGTON MY HEALTH MY DATA ACT (WASH. REV. CODE CH. 19.373), THE CALIFORNIA CONSUMER PRIVACY ACT / CALIFORNIA PRIVACY RIGHTS ACT (CAL. CIV. CODE § 1798.100 ET SEQ.), NEVADA SB 370 (NRS 603A.400 ET SEQ.), OR ANY OTHER APPLICABLE DATA-PROTECTION OR CONSUMER-PROTECTION STATUTE THAT PROHIBITS PROSPECTIVE WAIVER OF ITS PROTECTIONS. IN JURISDICTIONS THAT PROHIBIT PROSPECTIVE RELEASES OF PERSONAL-INJURY CLAIMS BY OPERATION OF MANDATORY LAW, THIS RELEASE SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED AND SHALL BE CONSTRUED AS A BINDING ACKNOWLEDGMENT OF THE INHERENT RISKS DESCRIBED ABOVE AND AS AN ASSUMPTION OF THOSE RISKS.
- Severability of This Section. If any portion of this Section 20 is held invalid, illegal, or unenforceable by a court of competent jurisdiction or by an arbitrator, the remainder of this Section shall remain in full force and effect and shall be enforced to the maximum extent permitted by applicable law. The parties intend that the provisions of this Section be enforced to the fullest extent permissible and, where necessary, reformed rather than voided.
21. Covenant Not to Sue; Hold Harmless
- Covenant Not to Sue. To the fullest extent permitted by applicable law, you covenant and agree that you will not bring, commence, maintain, or participate in (whether as a named plaintiff, class member, or in any other capacity) any claim, action, suit, or proceeding against any of the Released Parties for or on account of any matter released or discharged in Section 20(b), except as excluded by Section 20(c). This covenant is a material term of these Terms and a material inducement for the Company to provide the Service to you on the terms described herein. If you bring or participate in any action in breach of this covenant, the Released Party against whom the action is brought shall be entitled, in addition to any other available remedy, to recover from you all reasonable attorneys’ fees, costs, and expenses incurred in defending the action.
- Hold Harmless. To the fullest extent permitted by applicable law, and in addition to your obligations under Section 17 (Indemnification), you agree to hold harmless the Released Parties from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) any third party’s claim arising from your use of the Service, including claims by family members, dependents, heirs, or representatives; (ii) your provision of inaccurate, incomplete, or misleading information through the Service, including health history and self-reported data; or (iii) your failure to follow the advice of your own healthcare providers, including where such failure was informed by your use of the Service.
- Exclusions from This Section. The covenant not to sue and hold-harmless obligation in this Section are subject to the same exclusions set forth in Section 20(c), including the exclusion for the Company’s own gross negligence, willful misconduct, or fraud, and the exclusion for non-waivable statutory rights.
- Survival. The provisions of this Section and Section 20 survive the termination or expiration of these Terms, cancellation of your account, and any cessation of your use of the Service.
22. Supplemental Terms for Eva (AI Health Coach)
- Application of These Supplemental Terms. This Section provides supplemental terms that apply specifically to your use of “Eva”, the Company’s artificial-intelligence health coach, and forms part of these Terms. In the event of a conflict between this Section and the general provisions of these Terms as to Eva, this Section governs. Your use of Eva constitutes your acceptance of these supplemental terms.
- What Eva Is, and What Eva Is Not. Eva is a personalized health-education and lifestyle-coaching tool that uses artificial intelligence to generate general wellness information, suggestions, and encouragement based on information you provide and information generated through your use of the Service. Eva is NOT a medical device, a healthcare provider, a licensed physician, a registered dietitian, a mental-health professional, or any other licensed practitioner, and does not provide medical advice, diagnosis, treatment, or clinical decision-making. Communicating with Eva does not create a physician-patient, therapist-client, dietitian-client, or other professional-client relationship. Eva’s outputs are for general informational and educational purposes only.
- How Eva Generates Outputs. Eva is built on a third-party platform provided by Suggestic Inc. and produces outputs using automated large-language-model technology, including technology provided by OpenAI, calibrated in part to information specific to you, including self-reported information, behavioral inputs, wearable-derived data, and biomarker results. Eva retains information from your prior sessions and uses that information to personalize subsequent interactions. Because Eva’s outputs are generated by automated systems, they may be incomplete, out of date, inaccurate, or inappropriate for your circumstances, and Eva may not have access to your full medical history, medications, or other clinically relevant information. Eva does not independently verify the information you provide.
- No Reliance for Any Medical Purpose. You agree that you will not rely on Eva, or any output of Eva, for any medical purpose, including diagnosing, treating, curing, mitigating, or preventing any disease or condition, or deciding to seek, delay, or forgo medical care. Always seek the advice of a licensed physician or other qualified healthcare professional regarding a medical condition or your biomarker results, and never disregard or delay seeking professional medical advice because of something Eva has communicated to you.
- Deference to Your Healthcare Providers. If any output of Eva conflicts with advice or instructions you receive from your physician or another licensed healthcare professional, you should follow your healthcare professional and disregard the conflicting output of Eva. Eva is not a substitute for the independent clinical judgment of a licensed professional who can examine you and consider your complete medical history.
- Not for Emergencies; No Continuous Monitoring. EVA IS NOT DESIGNED OR INTENDED FOR USE IN MEDICAL EMERGENCIES. EVA DOES NOT MONITOR YOUR HEALTH DATA ON A CONTINUOUS OR REAL-TIME BASIS, DOES NOT DETECT MEDICAL EMERGENCIES, AND CANNOT SUMMON EMERGENCY ASSISTANCE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 (OR YOUR LOCAL EMERGENCY NUMBER) OR GO TO THE NEAREST EMERGENCY DEPARTMENT IMMEDIATELY. Section 2 (Health Emergencies) applies in full to your use of Eva.
- AI Outputs Provided “As Is” and “With All Faults.” IN ADDITION TO, AND WITHOUT LIMITING, THE DISCLAIMERS IN SECTION 18, EVA AND ALL OF ITS OUTPUTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO EVA AND ITS OUTPUTS, INCLUDING ANY WARRANTY OF ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, FITNESS FOR A PARTICULAR PURPOSE, OR SUITABILITY FOR ANY INDIVIDUAL. THE COMPANY’S LIABILITY ARISING FROM OR RELATING TO EVA IS GOVERNED BY SECTION 19.
- Disclosure of AI Interaction; Feedback. You acknowledge that when you interact with Eva you are communicating with an automated artificial-intelligence system and not with a human being. You further acknowledge that Eva retains a memory of your prior interactions and the information you have provided across sessions, and that this information is used to personalize Eva’s responses to you. If you provide feedback, corrections, or ratings regarding Eva’s outputs, you grant the Company the rights described in Section 28(g) (Feedback), and the Company may use such input and your interactions with Eva to operate, evaluate, and improve the Service and its models, subject to the Privacy Policy, the Consumer Health Data Privacy Policy, and Section 8. Eva also adapts its responses based on your feedback and corrections during your use of the Service, and information derived from your feedback and corrections may be retained and used as described in this Section, the Privacy Policy, and the Consumer Health Data Privacy Policy.
23. Accessibility
The Company is committed to making the Service accessible to individuals with disabilities and aims to conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as referenced by the U.S. Department of Justice in guidance on website accessibility under Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12181 et seq. If you experience difficulty accessing any portion of the Service due to a disability, please contact the Company at info@resetrx.life so that it may assist you or explore an alternative means of access. The Company’s liability for accessibility matters is governed by Section 19 to the fullest extent permitted by applicable law.
24. Term and Termination
- Term. These Terms are effective from the first date on which you access or use the Service and remain in effect until terminated as provided in this Section.
- Termination by the Company. The Company may, in its sole discretion, suspend or terminate your access to all or part of the Service at any time, with or without notice and with or without cause, including for any violation of these Terms. The Company shall not be liable for any suspension or termination of your access. Where a termination affects an active Subscription Plan, any applicable refund is handled under Section 10 and applicable law.
- Termination by You. You may terminate these Terms at any time by discontinuing use of the Service and closing your account through your account settings or by contacting the Company at info@resetrx.life . Cancellation of a Subscription Plan under Section 10 does not by itself close your account, and closing your account does not by itself cancel a Subscription Plan.
- Effect of Termination. Upon termination, your license to access and use the Service immediately terminates. The Company may, subject to its Privacy Policy, Consumer Health Data Privacy Policy, and applicable law (including any retention obligations applicable to health-related records), delete your account and associated data, and shall have no liability for such deletion except as applicable law provides.
- Survival. The following survive termination: Section 3 (as to any pending or completed testing workflow); Section 8; Section 14; Section 15; Section 17; Section 18; Section 19; Section 20; Section 21; Section 22 (as to accrued matters); Section 25; Section 27; Section 28; and any provision that by its nature is intended to survive.
- Service Availability. The Company may alter, suspend, or discontinue the Service, or any portion of it, at any time and for any reason, with or without notice and without liability. The Service may also be temporarily unavailable due to maintenance, technical issues, or circumstances beyond the Company’s control.
25. Copyright; DMCA Procedures
The Digital Millennium Copyright Act of 1998 (the “DMCA”, 17 U.S.C. § 512) provides recourse for copyright owners who believe material on the Internet infringes their rights. It is the Company’s policy to respond to valid notices of claimed copyright infringement and, where appropriate, to disable access to infringing material and terminate the accounts of repeat infringers.
- DMCA Notice Requirements. To submit a notice of claimed infringement, provide the Company’s Designated Copyright Agent (below) with a written communication containing: (i) a physical or electronic signature of the owner or authorized person; (ii) identification of the copyrighted work claimed to be infringed; (iii) identification of the allegedly infringing material with information sufficient to locate it; (iv) your contact information; (v) a statement of good-faith belief that the use is not authorized; and (vi) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act for the owner.
- Counter-Notice Procedures. If your material was removed by mistake or misidentification, you may submit a counter-notification containing: (i) your signature; (ii) identification of the removed material and its prior location; (iii) a statement, under penalty of perjury, of good-faith belief that removal resulted from mistake or misidentification; and (iv) your name, address, and telephone number, with consent to the jurisdiction of the federal district court for your district (or, if outside the United States, the district where the Company is located) and to accept service from the original notifier. See 17 U.S.C. § 512(g)(3). False notices and counter-notices carry penalties.
- Designated Agent; Repeat-Infringer Policy. The Company’s Designated Copyright Agent for DMCA notices is: Copyright Officer, c/o Reset Rx, Inc., 2810 N. Church Street, Suite 578340, Wilmington, Delaware 19802, email: info@resetrx.life. It is the Company’s policy to terminate, in appropriate circumstances, the accounts of repeat infringers.
26. Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including acts of God; natural disasters; pandemics or public-health emergencies; acts of war, terrorism, or civil unrest; governmental action or inaction; labor disputes or shortages; supply-chain disruptions; power outages; cyberattacks or denial-of-service attacks beyond the Company’s control; or failures of third-party telecommunications or internet infrastructure (each, a “Force Majeure Event”). The Company’s obligations are suspended during a Force Majeure Event, and the Company will use commercially reasonable efforts to notify you of a material Force Majeure Event affecting the Service and to resume performance promptly.
27. Dispute Resolution; Arbitration; Class Action Waiver
- Pre-Dispute Notice and Informal Resolution. Before initiating arbitration or a court proceeding, you and the Company each agree to make a good-faith effort to resolve the dispute informally. The initiating party must first send a written notice (a “Dispute Notice”) describing the claim, the relief sought, and the factual basis. A Dispute Notice to the Company should be sent to info@resetrx.life or to the Company’s mailing address in Section 31. The parties shall have thirty (30) days from receipt (the “Informal Resolution Period”) to resolve the dispute. Compliance with this process is a condition precedent to arbitration, except for matters under Section 27(g) and Section 27(m).
- Binding Arbitration Agreement. EXCEPT AS OTHERWISE PROVIDED, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SERVICE, EVA, THE TESTING SERVICES, OR THE COMPANY’S PRODUCTS OR SERVICES SHALL BE RESOLVED BY FINAL, BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES IN EFFECT WHEN THE ARBITRATION IS FILED (THE “AAA Consumer Rules”), AVAILABLE AT WWW.ADR.ORG. QUESTIONS ABOUT THE SCOPE, INTERPRETATION, AND ENFORCEABILITY OF THIS ARBITRATION AGREEMENT SHALL BE DECIDED BY A COURT, NOT AN ARBITRATOR, EXCEPT AS APPLICABLE LAW PROVIDES. THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 ET SEQ.) GOVERNS THIS SECTION.
- Right to Opt Out. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY SENDING A WRITTEN OPT-OUT NOTICE TO INFO@RESETRX.LIFE WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPT THESE TERMS. YOUR NOTICE MUST INCLUDE YOUR NAME, THE EMAIL ASSOCIATED WITH YOUR ACCOUNT, AND A CLEAR STATEMENT THAT YOU WISH TO OPT OUT. OPTING OUT DOES NOT AFFECT ANY OTHER PROVISION OF THESE TERMS. IF YOU DO NOT OPT OUT WITHIN THE THIRTY (30) DAY PERIOD, THIS ARBITRATION AGREEMENT WILL BE BINDING ON YOU.
- EFASASHA Carve-Out. Notwithstanding any other provision of this Section, this arbitration agreement does not apply to, and does not require arbitration of, any “Sexual Assault Dispute” or “Sexual Harassment Dispute” (as defined in 9 U.S.C. § 401) if the claimant elects to bring such claim in court rather than in arbitration. This carve-out is mandated by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, Pub. L. No. 117-90, which amended the Federal Arbitration Act, and applies to any such dispute arising or accruing on or after March 3, 2022, regardless of when these Terms were entered into. Whether a dispute qualifies shall be determined by a court, not an arbitrator, if timely raised.
- Arbitration Procedures. The arbitration shall be conducted by a single arbitrator. If you are a consumer, the arbitration shall proceed by videoconference or document submission, or in the county of your residence if an in-person hearing is required, unless the parties agree otherwise. The arbitration shall be conducted in English. The arbitrator may grant any remedy a court could grant, except relief inconsistent with these Terms or class, collective, or representative relief. The award shall be in writing, shall state the essential findings and conclusions, and shall be final and binding; judgment may be entered by any court of competent jurisdiction.
- Arbitration Costs. Filing, administrative, and arbitrator fees are governed by the AAA Consumer Rules. The Company will pay all such fees for any claim where the amount in dispute does not exceed $10,000, except where the arbitrator determines the claim is frivolous. For larger claims, fees are allocated under the AAA Consumer Rules. Each party bears its own attorneys’ fees unless the arbitrator determines a party’s claims or defenses were frivolous or brought in bad faith, in which case the arbitrator may award fees to the prevailing party to the extent permitted by applicable law.
- Small Claims Court Exception. Either party may bring an individual action in a small claims court of competent jurisdiction for any qualifying claim, so long as it remains in small claims court and is not removed or appealed to a court of general jurisdiction.
- Mass Arbitration Procedures. If twenty-five (25) or more claimants file substantially similar arbitration demands against the Company within a sixty (60) day period, those demands shall be subject to a mass-arbitration protocol, and the AAA’s Mass Arbitration Supplementary Rules then in effect shall apply. The parties shall cooperate in good faith on procedures consistent with those rules, including the potential selection of bellwether claims. Nothing in this provision requires consolidation into a single proceeding or constitutes class arbitration, and the Company’s right to enforce the class-action waiver in Section 27(i) is not affected.
- Class Action and Collective Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR IN COURT. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY REPRESENTATIVE OR CLASS PROCEEDING. IF THIS WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THE ARBITRATION AGREEMENT SHALL BE NULL AND VOID AS TO THAT CLAIM ONLY, WHICH SHALL THEN BE RESOLVED IN COURT UNDER SECTION 27(k), AND SHALL REMAIN IN EFFECT AS TO ALL OTHER CLAIMS.
- Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE THAT IS HEARD IN COURT (INCLUDING ANY MATTER WITHIN THE SMALL CLAIMS EXCEPTION OR ANCILLARY TO ARBITRATION). EACH PARTY AGREES TO THIS WAIVER KNOWINGLY AND VOLUNTARILY.
- Governing Law; Forum. These Terms and any dispute arising under them are governed by the laws of the State of Delaware, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 27(b). For any action not subject to arbitration, or ancillary to arbitration, each party: (i) consents to the exclusive jurisdiction of the state and federal courts located in New York County, New York; (ii) waives any objection based on improper venue or inconvenient forum; and (iii) consents to personal jurisdiction in those courts. Nothing in this Section deprives you of the protections of any mandatory consumer-protection law of your state of residence that applies notwithstanding this choice of law.
- Limitation Period. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE; CLAIMS NOT COMMENCED WITHIN THAT PERIOD ARE PERMANENTLY BARRED. Some states do not permit shortening the limitations period for consumer claims, and this provision does not apply where prohibited. The Company may commence an action at any time within the applicable statutory period.
- Equitable Relief. Notwithstanding any other provision of this Section, the Company may seek emergency, preliminary, or permanent injunctive or other equitable relief from any court of competent jurisdiction to protect or enforce its intellectual property rights or confidential information without first engaging in informal resolution or arbitration. Seeking such relief does not waive the arbitration framework of this Section.
28. Miscellaneous
- Entire Agreement. These Terms, together with the Privacy Policy, the Consumer Health Data Privacy Policy, and any additional terms expressly incorporated by reference, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior or contemporaneous understandings relating to the subject matter.
- Severability. If any provision is held invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, severed, and the remaining provisions shall continue in full force and effect.
- Waiver. The Company’s failure to enforce any provision is not a waiver of its right to enforce that or any other provision in the future. No waiver is effective unless in writing and signed by an authorized representative of the Company.
- Assignment. You may not assign or transfer any rights or obligations under these Terms without the Company’s prior written consent. The Company may freely assign these Terms in connection with a merger, acquisition, sale of assets, reorganization, or operation of law. Any purported assignment by you in violation of this provision is void.
- No Third-Party Beneficiaries. Except as expressly provided (including provisions benefiting the Company Indemnitees, the Released Parties, and the Laboratory Partner and Ordering Physician Network as to the disclaimers and liability allocations stated herein), these Terms are for the sole benefit of you and the Company and their respective successors and permitted assigns and create no rights in any third party.
- Electronic Records; Headings; Construction. You consent to the use of electronic records and signatures in connection with these Terms. Headings are for convenience only. Where the context requires, the singular includes the plural and vice versa, and “including” is not a word of limitation.
- Feedback. If you provide suggestions, ideas, or other feedback regarding the Service or Eva (“Feedback”), the Company is free to use, disclose, reproduce, license, and otherwise exploit such Feedback without restriction and without compensation to you. You represent that your Feedback does not include confidential or proprietary information of any third party.
- No Publicity. You may not, without the Company’s prior written consent, use the Company’s name, logos, or trademarks in any advertising or promotional materials, or represent or imply that the Company endorses you or any third party. This does not prohibit truthful, non-commercial references to the Company in the ordinary course.
29. Definitions
For convenience, the following summarizes the principal defined terms used in these Terms. Each term is defined in greater detail at the location of its first use. In any conflict between a summary definition here and the definition in the body, the definition in the body controls.
“ResetRx”, “Company”, “we”, “us”, and “our” refer to Reset Rx, Inc., a Delaware corporation doing business as ResetRx. “Company Affiliate” (Section 11); “Company Indemnitees” (Section 17); “Consumer Health Data” (defined in the Consumer Health Data Privacy Policy); “Dispute Notice” and “Informal Resolution Period” (Section 27(a)); “E-Commerce Platform Provider” (Section 9); “Eva” (Section 1; supplemented by Section 22); “Feedback” (Section 28(g)); “Force Majeure Event” (Section 26); “HIPAA” (Section 12); “Laboratory Partner” (Section 3); “Member Data” (Section 8); “Ordering Physician Network” (Section 3); “Payment Processors” (Section 9); “Registered User” (Section 6); “Released Parties” (Section 20); “Service” and “Services” (Section 1); “Subscription Plan” (Section 10); “Terms”, “TOS”, and “Terms of Service” (this agreement); “Testing Services” (Section 3); “Third-Party Services” (Section 16); “User Content” (Section 7); and “you” and “your” refer to the individual accessing or using the Service.
30. Changes to These Terms
The Company may modify these Terms at any time in its sole discretion. When material changes are made, the Company will provide advance notice by sending an email to the address associated with your account and/or posting a prominent notice within the Service. The updated Terms will be effective on the date specified in the notice, which will be no less than thirty (30) days after notice for material changes, except where a shorter period is required by applicable law or necessary to address a security, fraud, or legal-compliance matter. Your continued use after the effective date constitutes acceptance; if you do not agree, you must discontinue use before the effective date. For changes to the arbitration provisions in Section 27, you will be given a renewed thirty (30) day opportunity to opt out. The “Last revised on” date at the top reflects the most recent revision.
31. Contact Information
If you have questions or concerns about these Terms, wish to report a violation, or wish to contact the Company for any reason related to the Service, please contact the Company at info@resetrx.life or by mail at Reset Rx, Inc., 2810 N. Church Street, Suite 578340, Wilmington, Delaware 19802.
Historical Modifications
July 30, 2026: Initial version posted.