HEALTH by DYPER TERMS AND CONDITIONS
DYPER Inc., (“DYPER,” “we,” “us,” or “our”) partners with third party healthcare provider (“Providers”) to enable you to access such Providers’ testing and analysis services (“Services”) through our online platform (the “Portal”). These Diagnostic Testing Terms and Conditions (these “Terms”) govern your use of the portal to receive Services from Providers. Each Provider may have additional terms related to the Services they provide. Please review such additional terms before enrolling in Services with a particular Provider.
1. BINDING AGREEMENT
You accept these Terms by creating a Portal account or by continuing to use the Portal after being notified of a change to these Terms. In some cases, we may ask you to affirmatively confirm your agreement to these Terms. When you accept these Terms, you represent and warrant that you (i) have read and understand these Terms, and (ii) are of legal age to enter into a binding agreement. By accessing the Portal and/or the Services, you further agree to by bound by the Terms of Service available at https://dyper.com/policies/terms-of-service and the Privacy Notice available at https://dyper.com/policies/privacy-policy.
By using the Services and accessing the Portal, you understand and agree that DYPER (i) does not control any third party Providers, (ii) is in no way responsible for the acts and/or omissions of Providers and (iii) hereby disclaims all liability related to the acts and/or omissions of Providers.
2. NO MEDICAL ADVICE OR SERVICES
THE SERVICES AND THE PORTAL ARE INTENDED SOLELY FOR EDUCATIONAL PURPOSES AND ARE NOT INTENDED FOR USE IN THE DIAGNOSIS, TREATMENT, OR PREVENTION OF DISEASE OR OTHER CONDITIONS.
In connection with the Services and the Portal, you understand and agree that we are not acting as a provider or supplier of any healthcare, and we are not providing medical advice. The Services and the Portal may contain general information or content related to medical conditions, treatment, and other healthcare topics. Any such information is provided for information purposes only and should not be interpreted as medical advice or for a substitute for consultation with a physician or other qualified healthcare professional. Reliance on any information resulting from or in connection with Services and/or the Portal is solely at your own risk.
You acknowledge that DYPER strongly suggests that you seek the advice of your own qualified health care professional to help you review and understand any data and/or information provided to you, and to assist you in making decisions regarding the healthcare of you and your child. These Services are not a substitute for medical care. You covenant that you will not delay in seeking care or otherwise ignore the advice or direction of a qualified medical professional based on your use of the Portal and/or the Services.
You understand and agree that we are not a “covered entity” as defined in the Health Insurance Portability and Accountability Act and the regulations promulgated under that Act (“HIPAA”) nor do we intend for any of our services to create obligations under HIPAA. We make no representations that the Portal satisfies HIPAA requirements. We will protect your information and use your information only as provided for in these Terms and the Privacy Notice.
3. TESTING PROCESS
While Providers strive to provide complete and accurate results, you acknowledge and accept that the Services may yield incomplete or inaccurate results. You acknowledge and agree that contributing factors such as one’s present physical condition, diet, sample size and integrity, kit storage and transportation, and sample collection practices may impact results. You further acknowledge and accept that: (1) microbe and DNA testing is relatively new science; (2) research and knowledge around genetics and microbiology are rapidly expanding; and (3) accordingly, little-known and/or future scientific findings may alter the future interpretation and/or understanding of any data and/or information you obtain through the Services, including without limitation the results and any documents and information relating to the results.
Your use of the Services may reveal sensitive information about your health and/or the health of your child. You may learn about health conditions that you were not aware of before you utilized the Services and/or the Portal. You may experience stress, anxiety, or emotional or physical discomfort when you learn about health conditions or potential health problems. If you are concerned about information you receive through the Services and/or the Portal, you should contact your doctor immediately to discuss what you should do next.
You acknowledge and agree that results may contain highly-sensitive information about your health and/or the health of your child. While the sensitive nature of results offers a tremendous informational benefit, we recommend you exercise discretion in deciding what aspects of your results to share, how to share them (e.g. we strongly advise against posting results on social media), and with whom.
4. INDEMNITY; RELEASE
To the fullest extent permissible by applicable law, you shall indemnify, hold harmless, and, at our option, defend DYPER and its predecessors, successors, affiliates, subsidiaries, officers, trustees, employees, attorneys, agents, contractors, representatives, licensors, or groups affiliated therewith (each a “Releasee”) from and against any and all losses, damages, liabilities, fines, judgments, settlements, and costs (including reasonable attorneys’ fees) incurred by us or any other Releasee resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Services, the Portal, any violation of this Agreement by you, any negligence, recklessness, willful misconduct or any other act, error and/or omission by you, including your violation of any rights of another, arising from your use of the Portal or any of its features. You further agree that we shall have control of the defense or settlement of any third-party claims, unless we exercise our option to require you to defend us. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us.
You agree that you, and your assignees, heirs, parents, guardians, and legal representatives hereby voluntarily and irrevocably release, forever discharge, and hold harmless all Releasees from any liability, claims, or causes of action of whatever nature, arising from or related to the Services and the Portal for any reason whatsoever to the fullest extent permitted by law, including without limitation, arising from or as a result of the acts or omissions, whether negligent or willful, of the Releasees.
5. DISCLAIMERS; LIMITATION OF LIABILITY
THE SERVICES AND THE PORTAL ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PORTAL IS ACCURATE, COMPLETE, OR USEFUL. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES), ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SERVICES AND/OR THE PORTAL (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY EVEN IF THE WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES AND/OR THE PORTAL EXCEED THE AMOUNT PAID TO US BY YOU FOR ANY PRODUCTS OR SERVICES IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE OUR SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.