RESSA HEALTH

Terms of Service

Individual / Consumer

Effective Date: 09/12/2026| Version 1.1

PLEASE READ THESE TERMS CAREFULLY. SECTION 19 CONTAINS A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 19.5.

SECTION 5 EXPLAINS THAT THE INSIGHTS RESSA GENERATES ARE NOT MEDICAL ADVICE AND ARE NOT A DIAGNOSIS. SECTION 8 EXPLAINS WHAT HAPPENS TO YOUR INFORMATION WHEN YOU CONNECT A “PROFESSIONAL USER,” (HEREINAFTER REFERRED TO AS A “PROFESSIONAL,” INCLUDING INFORMATION THAT MAY REMAIN IN YOUR PROFESSIONAL’S RECORDS AFTER YOU CLOSE YOUR ACCOUNT. A “PROFESSIONAL” means an individual who uses the Services in connection with providing healthcare, health education, nutrition, wellness, coaching, or related professional services, including licensed healthcare providers and non-licensed health and wellness Professionals. Each Professional User may use the Services only within the scope of their applicable education, training, credentials, licensure, and governing law.

1. About Ressa and These Terms

1.1 These Terms. These Terms of Service ("Terms") and the Ressa Health Privacy Policy, which is incorporated herein by reference, are together a legal agreement between you and Metabolic Terrain Omics, Inc., a Delaware corporation doing business as Ressa Health ("Ressa," "we," "us," or "our"), governing your access to and use of the Ressa Health website, applications, and related services (together, the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service. If you held an account on RootedIQ or another Ressa predecessor platform before the effective date of these Terms, these Terms replace and supersede the terms of service you previously accepted for that platform as of the effective date, and your continued use of the Service after that date constitutes your acceptance of them. We will give you notice of these Terms before they take effect for your existing account, and you may export your information under Section 9.2 or close your account under Section 15 if you do not agree. The commitments in Section 9 apply to Health Information already in your account, however and whenever it was collected. If you are located in Canada, the European Economic Area, or the United Kingdom, the Ressa Health Privacy Policy contains additional terms specific to your jurisdiction, including Annex C (Canada, with a separate section for Quebec) and Annex D (EEA and UK), covering matters such as international data transfers, additional consent requirements for health and genetic information, and your applicable regulatory complaint rights. Those annexes form part of the agreement between you and Ressa to the same extent as this document.

1.2 What Ressa Is. Ressa is a health data platform. The Service lets you assemble your own health information including laboratory results, symptom assessments, health history, and information from devices and applications you connect (collectively, “Health Information”) into a private personal health record we call your Health Vault. The Service organizes that information, surfaces patterns across it, presents educational material to help you understand it, and lets you give Professionals you approve access to your Health Vault as described in Section 8. You cannot currently select individual records, documents, or data types to share or withhold..

1.3 What Ressa Is Not. Ressa is not a physician, clinic, hospital, laboratory, pharmacy, health plan, or any other kind of healthcare Professional, and it is not a substitute for one. Ressa does not practice medicine. Ressa does not provide medical advice, diagnosis, treatment, second opinions, or clinical recommendations. Ressa does not review your Health Information for medical purposes, does not monitor it, and does not decide what care you should receive. Using the Service does not create a physician-patient, clinician-patient, or other professional treatment relationship between you and Ressa, and is in no way intended to create a Professional-patient relationship as defined by state or federal law. Any Professional you connect through the Service is independent of Ressa, as described in Section 8.8.

1.4 Not for Emergencies. The Service is not an emergency service, a monitoring service, or an urgent-care service. It does not review your Health Information in real time, does not detect dangerous results, and does not alert you, any Professional, or emergency personnel on your behalf. Do not rely on the Service in an emergency. If you believe you may be experiencing a medical emergency:

Call 911, or your local emergency number if you are outside an area served by 911;
Go to your nearest emergency room; or
Contact your physician or another qualified healthcare professional immediately.

2. Eligibility

2.1 Age. You may not use the Service unless you are of a legal age in your jurisdiction to form a binding contract with Ressa. If you are under the age of 16, you may not create an account or use the Service unless a parent or legal guardian has reviewed and agreed to these Terms on your behalf and consents to your use of the Service. Ressa may require verification of parental or guardian consent before permitting a minor's account to be created or before permitting continued use. In this Agreement, the terms "you" and "yours" refer to the person using the Service, or, in the case of use by or on behalf of a minor, refer to and include (i) the parent or legal guardian who provides consent to the minor's use of the Service or uses the Service on the minor's behalf, and (ii) the minor for whom consent is being provided or on whose behalf the Service is being used. Nothing in this Section overrides a higher minimum age required by the law of your jurisdiction to form a binding contract; where local law sets a higher age, that higher age controls. Additional rules regarding minors that apply based on your location are described in the Ressa Health Privacy Policy, Annex C (Canada) and Annex D (EEA and UK).

2.2 Accounts for Other Adults. You may not create, hold, or operate an account on behalf of another adult. Each adult who uses the Service must hold their own account in their own name. This applies regardless of any authorization, healthcare power of attorney, guardianship, or other personal-representative authority you may hold, and it does not affect a parent or legal guardian's ability to manage an account for a minor child under Section 2.1. We may suspend an account that we believe is being operated for another adult. We may support authorized-representative access in the future; if we do, we will describe how it works and what proof of authority we require before it becomes available.

2.3 Legal Capacity. You represent that you have the legal capacity to enter into a binding contract and that your use of the Service does not violate any law or any obligation you owe to a third party.

2.4 One Account. You may hold only one account for yourself. Creating additional accounts to evade a suspension or restriction is a violation of these Terms.

3. Your Account and Security

3.1 Registration. You agree to provide accurate, current, and complete information when you register and to keep it current. Health Information is only as useful as it is accurate, and information you enter incorrectly may produce misleading Insights.

3.2 Credentials and Multi-Factor Authentication. You are responsible for keeping your login credentials confidential and for all activity under your account. The Service requires a second authentication factor, which may be a one-time code sent to the mobile telephone number you provide. You agree not to share your credentials or authentication codes with anyone. Notify us promptly at privacy@ressahealth.com if you believe your account has been accessed without your authorization.

3.3 Consent to Service Communications. By providing a mobile telephone number, you consent to receive text messages from us relating to your account and the operation of the Service, including one-time authentication codes, security alerts, and transactional notices. These are not marketing messages. Message and data rates may apply. You may not opt out of authentication and security messages while maintaining an account that requires them, because they are necessary to protect your Health Information; you may opt out of any promotional messages at any time by replying STOP or through your account settings. Marketing communications based on your Health Information require your separate authorization.

3.4 Your Responsibility for Shared Access. If you grant any person or Professional access to your Health Vault, you are responsible for that decision. We will act on access instructions we reasonably believe you gave.

4. What the Service Includes

The features below are the features the Service is designed to offer. Not every feature is available to every user or at every time, and we may add, change, or discontinue features as described in Section 4.8.

4.1 Your Health Vault. You may upload and store laboratory results, medical records, imaging reports, notes, and other health information in your Health Vault. Information about you may also reach your Health Vault from sources other than you: a Professional you have approved may upload laboratory results, records, and other information about you, and information may arrive from laboratory partners and from devices and applications you connect. Your Health Vault is private by default. Nothing in it is visible to any Professional or other person unless you approve a Professional under Section 8 or otherwise affirmatively share it, except that a Professional who uploads information about you can see the information they uploaded.

4.2 Assessments and Health History. The Service offers structured symptom assessments, intake questionnaires, and health-history tools. Your responses become part of your Health Vault and may be used to generate Insights.

4.3 Insights and Pattern Analysis. The Service applies algorithmic and artificial-intelligence tools to the information in your Health Vault to organize it, identify patterns and trends across it, compare values over time, and present educational material relevant to it (together, "Insights"). Section 5 governs Insights and you should read it before relying on anything the Service tells you.

4.4 Laboratory Results and Access to Testing. You may upload laboratory results to the Service. The Service may also let you request testing from an independent third-party laboratory partner integrated with the Service. Ressa does not order laboratory tests, does not sign laboratory orders, and does not operate a professional medical entity; the laboratory partner and its ordering Professionals are solely responsible for authorizing and fulfilling any test. Section 6 governs both uploaded results and testing requested through a laboratory partner.

4.5 Connected Devices and Applications. The Service may allow you to connect to third-party health applications or devices so that data flows into your Health Vault. Section 13 governs those connections. Ressa does not control any third-party device or application, does not verify the accuracy of data they produce, and is not responsible for their availability, security, or privacy practices. You may disconnect any connected source at any time through your account settings; disconnecting stops future data flow but does not delete data already received.

4.6 Educational Content. The Service presents general educational material about metabolic health and related subjects. That material is general in nature, is not tailored to your circumstances even where it is presented alongside your own data, and is not medical advice.

4.7 Connecting a Professional. You may connect your account to a Professional so that they can see agreed categories of your information. Section 8 governs Professional connections.

4.8 Changes to the Service. We may modify, suspend, or discontinue any part of the Service at any time. We will give you reasonable advance notice before discontinuing a feature you actively use where it is practicable to do so, and we will not remove your ability to export your own information without notice.

5. Insights, Artificial Intelligence, and Regulatory Status

5.1 Insights and Pattern Analysis. The Service may utilize algorithmic or artificial-intelligence tools (“AI Tools”) to generate Insights from the information in your Health Vault. This Section governs Insights and you should read it before relying on anything the Service tells you.

5.2 Informational and Educational Purposes Only. INSIGHTS ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. RESSA DOES NOT DIAGNOSE, TREAT, CURE, MITIGATE, OR PREVENT ANY DISEASE OR CONDITION, AND DOES NOT MAKE ANY MEDICAL, CLINICAL, OR THERAPEUTIC DETERMINATION. NO INSIGHT IS MEDICAL ADVICE, A DIAGNOSIS, A CLINICAL OPINION, A TREATMENT PLAN, OR A RECOMMENDATION THAT YOU TAKE OR REFRAIN FROM TAKING ANY ACTION CONCERNING YOUR HEALTH.

5.3 Not a Medical Device; No Regulatory Clearance. THE SERVICE AND THE INSIGHTS ARE NOT A MEDICAL DEVICE. THE SERVICE AND THE INSIGHTS HAVE NOT BEEN EVALUATED, CLEARED, OR APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION OR ANY OTHER REGULATORY BODY, AND NO STATEMENT MADE BY RESSA OR THROUGH THE SERVICE HAS BEEN SO EVALUATED, CLEARED, OR APPROVED.

5.4 Your Representations Regarding Insights and AI Tools. By using the Service, you represent to us on an ongoing basis that: (a) you will not rely on Insights or AI Tools as a substitute for professional medical advice, diagnosis, or treatment, or as the sole basis for any medical decision; and (b) you will not use AI Tools in a way that violates the acceptable uses set forth in Section 11 of these Terms.

5.5 An Adjunct to Your Professional's Judgment, Not a Replacement for It. Insights are intended to supplement, and never to replace, the independent professional judgment of a qualified healthcare professional who knows you and your history. The Service does not replace, or even materially supplement, your relationship with your own physician or healthcare professional. Always consult a qualified healthcare professional before making any decision about your health, starting or stopping any treatment, medication, supplement, diet, or exercise program, or acting on anything you learn through the Service. Never disregard professional medical advice, and never delay seeking it, because of something the Service showed you.

5.6 How Insights Are Generated, and Why They Can Be Wrong. Insights are generated automatically by software and AI Tools, including generative artificial-intelligence systems and third-party artificial-intelligence models. You acknowledge and agree that:

Insights are not reviewed by a licensed clinician before you see them, unless the Service expressly states otherwise for a specific feature;
AI Tools are known to produce output that is fabricated, incorrect, incomplete, outdated, internally inconsistent, or misleading, a phenomenon commonly described as “hallucination”;
Insights may rest on medical or scientific literature that has been superseded, and may not reflect current clinical consensus;
Insights may be incorrect precisely because they lack context that only a clinician who has examined you would have, including your physical examination, your full history, your medications, and your circumstances;
an Insight could, if followed without professional guidance, suggest a course of action that is unhelpful or harmful to you;
Insights depend entirely on the completeness and accuracy of the information in your Health Vault, and information that is missing, stale, mistyped, or misfiled will produce unreliable output; and
two users with similar information may receive different Insights, and the same user may receive different Insights at different times.

5.6.1 No Warranty as to Insights. YOU ACKNOWLEDGE THAT INSIGHTS ARE BASED ON YOUR HEALTH INFORMATION AND ANY OTHER CONTENT YOU PROVIDE TO THE SERVICE, AND THAT RESSA HAS NO CONTROL OVER ANY SUCH CONTENT. YOU ACKNOWLEDGE THAT YOU, AND NOT RESSA, ARE RESPONSIBLE FOR VERIFYING THE ACCURACY OF INSIGHTS OR OTHER INFORMATION PROVIDED BY AI TOOLS, THAT RESSA DOES NOT REVIEW OR EVALUATE EACH INSIGHT PROVIDED TO YOU AND THAT YOU ARE RESPONSIBLE FOR REVIEWING EACH INSIGHT AND CONFIRMING THE ACCURACY OF SUCH INSIGHTS. ACCORDINGLY, ALL INSIGHTS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." RESSA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT ANY INSIGHT IS ACCURATE, COMPLETE, CURRENT, RELIABLE, CLINICALLY VALID, OR USEFUL, AND EXPRESSLY DISCLAIMS ANY SUCH WARRANTY. YOUR USE OF AND RELIANCE ON ANY INSIGHT IS AT YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR EVALUATING THE ACCURACY AND APPROPRIATENESS OF ANY INSIGHT, IN CONSULTATION WITH A QUALIFIED HEALTHCARE PROFESSIONAL.

5.6.2 No Guaranteed Outcome. Ressa makes no promise that using the Service will improve your health, identify a condition, prevent a condition, or produce any other particular result.

5.6.3 Use of Your Information to Improve the Service; AI Processing. We may use your Health Information to operate, maintain, secure, troubleshoot, and improve the Service, including to improve the quality of Insights. Where we use your information to train or refine models, we do so on a de-identified or aggregated basis. We do not permit any third-party artificial-intelligence Professional we use to train its own general-purpose models on your individually identifiable health information.

5.6.4 How your information is processed by AI Tools. The AI Tools we use run within our own cloud environment under a business associate agreement with our cloud Professional, not on a public consumer AI service, and we do not send your Health Information to any public artificial-intelligence interface. Our Professional does not retain your prompts or use them to train its models. You should understand that our use of AI may include the transmission of direct identifiers contained in Health Information such as your name, date of birth, and record number and/or clinical values without your direct identifiers. We may change AI providers or add AI Tools, and we will maintain equivalent contractual protections when we do.

6. Laboratory Testing and Results

This Section applies to laboratory results in your Health Vault however they arrive, uploaded by you, uploaded by a Professional you have approved, or received from a laboratory partner, and to any request you make for testing through a laboratory partner integrated with the Service. Ressa is not a laboratory and does not order, authorize, perform, or interpret laboratory testing.

6.1 Testing Is Ordered by a Third-Party Laboratory Partner, Not by Ressa. Laboratory testing requires an order from a licensed Professional. Ressa does not order laboratory tests, does not sign or authorize laboratory orders, does not employ or contract with ordering Professionals, and does not operate a professional medical entity. If the Service lets you request a test, your request is transmitted to an independent third-party laboratory or ordering partner (a "Laboratory Partner"). That Laboratory Partner, through its own licensed personnel, decides whether to authorize the test, arranges specimen collection, performs or arranges the analysis, and returns the result. Every clinical decision about whether testing is appropriate for you is made by the Laboratory Partner's personnel in their independent professional judgment, not by Ressa.

6.2 Your Relationship with the Laboratory Partner. Your testing relationship is with the Laboratory Partner. Its own terms of service, privacy policy, consent forms, and billing practices govern the testing, and you may be required to accept them separately before a test proceeds. Ressa's role is limited to transmitting your request, receiving the result, and displaying it in your Health Vault. A Laboratory Partner's authorization of a test does not create a treatment relationship between you and that partner's personnel beyond the testing itself, and those personnel do not diagnose you, prescribe medication, provide treatment, or provide follow-on care through the Service. Ressa does not control any Laboratory Partner and is not responsible for its clinical decisions, turnaround times, accuracy, billing, or compliance with law.

6.3 If a Test Is Not Authorized or Not Completed. A Laboratory Partner may decline to authorize or complete a requested test. If that happens and you paid Ressa for the test, we will refund or credit the amount we collected from you for it. Where the Laboratory Partner billed you directly, any refund is governed by that partner's terms and you should contact it.

6.4 Accuracy and Limits of Results. You acknowledge that a specimen may yield incomplete or inaccurate results; that results are affected by collection technique, timing, fasting state, medications, supplements, laboratory methodology, and reference-range differences between laboratories; and that Ressa does not warrant the accuracy, completeness, timeliness, or precision of any laboratory result. A single result is a single measurement at a single moment and is not a conclusion about your health.

6.5 Interpretation Is for a Clinician. Results delivered through the Service are delivered to you as your own health information. Delivery of a result is not an interpretation of it and is not medical advice. All questions about the meaning of a result should be directed to the Ordering Professional or to your own Professional.

6.6 Out-of-Range Results, and What Flagging Does and Does Not Mean. The Service automatically compares your laboratory values against configured ranges and marks values that fall outside them. It uses the reference range supplied by the performing laboratory where one is available, and it also uses functional or optimal ranges that Ressa configures and maintains. Flagging is an automated numerical comparison. It is not performed or reviewed by artificial intelligence, and it is not a diagnosis, a clinical finding, an interpretation, or medical advice. A flag means only that a number fell outside a configured range, and the absence of a flag does not mean a result is normal or that nothing requires attention. Alongside a flagged value the Service may display educational context, trends, and comparisons; that material is general and is not tailored to you.

6.7 No Monitoring, No Critical-Value Notification. The Service is not an emergency, monitoring, or critical-value notification service. No clinician at Ressa reviews your results. Ressa does not identify results that are medically urgent, does not triage results, and will not contact you, your Professional, or emergency personnel about a result, whether or not it is flagged. You are responsible for reviewing your own results and for initiating any follow-up with your own physician. Do not wait to be contacted. If you believe a result may indicate an emergency, follow Section 1.4.

7. Genetic Information

7.1 Scope. This Section applies to genetic information in your Health Vault, whether it came from laboratory tests uploaded by you or your Professional, or a connected third-party source. "Genetic Information" means information about your genes, gene products, or inherited characteristics, including genotype and sequence data, and information derived from the analysis of a biological sample for those purposes.

7.2 What We Will Not Do. We will not disclose your Genetic Information, or the fact that you have undergone genetic testing, to any health insurer, life insurer, disability insurer, long-term-care insurer, employer, or educational institution. We will not disclose it to law enforcement except pursuant to a valid court order or as otherwise compelled by law, and we will notify you of any such compelled disclosure unless we are legally prohibited from doing so.

7.3 Retention, Revocation, and Destruction. Consumers and their Professionals can delete information using the controls available within their respective accounts. To request deletion of your entire Ressa account and its associated data, contact privacy@ressahealth.com. These requests require processing by Ressa’s development team.. You may delete Genetic Information from your Health Vault at any time, or request that your Professional delete such data. Any biological sample(s) are collected and held by the third-party laboratory that performed the testing, and that laboratory, not Ressa, controls its retention and destruction. You should contact the laboratory directly in the event you wish to request the destruction of a biological sample. Revocation does not undo uses or disclosures already made in reliance on your consent.

7.4 Federal and State Genetic Privacy Law. A number of states impose additional requirements on direct-to-consumer genetic testing, including separate consent for collection, use, retention, transfer, and destruction, and some provide statutory damages. Where a state gives you greater rights than this Section does, that state's law controls. The core genetic and laboratory data consent is contained in the core-service provisions of the Research, Data and Marketing Authorization. Oregon and Nevada residents also complete the separate state consent presented for the activities it covers. A general agreement to these Terms does not replace that consent.

8. Connecting a Professional

8.1 What Connecting Means. You may connect your account to a healthcare Professional who uses Ressa ("Professional"). Connecting gives that Professional access to categories of your information described in Sections 8.3 and 8.4. Connecting is entirely your choice; you may use the Service indefinitely without connecting anyone. Connecting does not mean Ressa is providing you with care. It means your Professional can see the information you have uploaded to Ressa or from sources connected to Ressa without you having to send it manually.

8.2 How Connecting Changes the Legal Status of Your Information. When you connect a Professional and that Professional accesses or requests your information in their capacity as a healthcare Professional, Ressa handles that information on the Professional's behalf. In that circumstance your information may become "protected health information" under the federal Health Insurance Portability and Accountability Act and its implementing regulations ("HIPAA"), and Ressa may become a "business associate" of your Professional with respect to it. Ressa enters into a business associate agreement with every Professional before any such access occurs.

8.3 What Your Professional Can See. When you approve a Professional, what they can see is determined by your approval together with that Professional's subscription tier, not by item-by-item selections you make. The Service does not currently let you share or withhold individual records, documents, or data types. Your control is the decision whether to approve a Professional at all, and the ability to remove them at any time under Section 8.5. Some Professionals utilizing Ressa may only be able to view the original laboratory and genetic documents in your Health Vault; other Professionals may be able to view your full record. Before you approve a Professional, assume they will be able to see all of your information in the Service.

8.4 Information from Before You Connected. A Professional you connect can see information that predates the connection, not only information created afterward. If you completed an assessment six months ago and connect a Professional today, that assessment is visible to them. You cannot exclude historical information when you approve a Professional. If you do not want a Professional to see information already in your Health Vault, do not approve them.

8.5 Changing What You Share; Disconnecting. You may remove a Professional at any time through your account settings. Removing a Professional is your right alone and does not require your Professional's agreement. When you remove a Professional, they immediately lose access to information generated afterward. For up to thirty (30) days following removal, that Professional retains the ability to download the information they could previously see, so that they can retain a copy in their own patient records as professional-recordkeeping law requires. After that period their access within the Service ends. Disconnecting stops future sharing. It does not erase what has already been shared. Read Section 8.6.

8.6 Your Rights, and How to Exercise Them. With respect to information Ressa holds, you may exercise the rights in Section 9.2 by contacting us directly. With respect to records your Professional holds, your Professional is the decision-maker and you must go to them. If you send us a request that properly belongs to your Professional, we will route it to them and support the process, but we cannot decide it.

8.7 Your Professional Is Independent of Ressa. Every Professional is an independent professional or organization that is not owned, employed, operated, or controlled by Ressa. Professionals may include licensed clinicians, nutritionists, health coaches, and other wellness Professionals, and not every Professional holds a professional license. Ressa does not select your Professional, does not supervise their care, does not endorse them, and does not verify any Professional's license, credentials, training, or qualifications. Verifying that a Professional is licensed and qualified to advise you is your responsibility. Ressa is not responsible for any Professional's clinical decisions, treatment, advice, record-keeping, billing, or compliance with law. Concerns about a Professional's professional conduct should be directed to them or to the applicable state licensing board.

8.8 Sharing Outside the Service, and Onward Disclosure. You may also export your information or send it to anyone you choose. Once you disclose your information to a Professional, health system, family member, or anyone else, it may become part of their records and may thereby become available to other healthcare Professionals, to insurers, and to others, except as limited by applicable law. Information that leaves Ressa is governed by the recipient's policies and practices, not by ours, and any use or disclosure of health information carries the potential for onward re-disclosure that may no longer be protected. Ressa is not responsible for how a recipient stores, uses, protects, or further discloses information you chose to give them.

9. How We Treat Your Health Information

9.1 Our Commitments. With respect to your health information, Ressa will:

implement administrative, physical, and technical safeguards including encryption in transit and at rest, role-based access controls, multi-factor authentication, audit logging, and periodic independent security assessment;
limit internal access to the minimum necessary for a workforce member to do their job, and require every workforce member and contractor with access to be bound by written confidentiality obligations;
use and disclose your Health Information to provide, secure and support the Service you request; for an optional
purpose only under the applicable permission you affirmatively give; for information held on a Provider’s behalf only
within our agreement with that Provider and applicable law; and as otherwise required or permitted by applicable
law;
enter into a business associate agreement or an equivalent written data protection agreement with every vendor, subprocessor, and downstream subcontractor that creates, receives, maintains, or transmits your health information;
not sell identified or identifiable Health Information; not disclose it to sponsors or advertising platforms for
independent use; and use it for personalized marketing only under the applicable valid authorization described in Section 9.5;
notify you, and any regulator entitled to notice, of a breach of unsecured health information within timeframes required by applicable law, and in any event without unreasonable delay.

9.1.1 Your Rights in Information Ressa Holds. You may, at any time and without charge, obtain a copy of your health information in a readable electronic format by downloading it from the Service; make changes to or correct your information that you believe is inaccurate or incomplete in the Service; and request deletion of your information, subject to Section 15 and to any legal retention obligation. Contact privacy@ressahealth.com. You may also request an accounting of disclosures of your health information under HIPAA, if you are connected to a Professional. The Service does not provide a self-service log of who has viewed or received your information. Where we hold your information on behalf of a Professional you have approved, that Professional is the party responsible for providing an accounting of disclosures under applicable law; if you send that request to us, we will route it to your Professional and give them the information they need to respond, as described in Section 8.6.

9.1.2 State Medical Records and Health Privacy Law. Several states give you rights in your health information that exceed federal requirements. Where the law of your state gives you a greater right, imposes a shorter deadline, or requires a more specific authorization than this document provides, that law controls and we will comply with it.

9.1.3 De-Identified and Aggregated Information. Ressa may use and disclose de-identified and aggregated information (information that cannot reasonably be used to identify you) for lawful business purposes, including operating and improving the Service. Ressa will not attempt to re-identify de-identified information, will not permit any recipient to do so, and will not disclose de-identified information in a manner that would reasonably permit re-identification. We reserve the right in the future to provide or license de-identified or aggregated information to third parties, including academic institutions, research organizations, and commercial or pharmaceutical partners, and to do so for a fee. If we enter into such an arrangement, the information involved will be de-identified or aggregated first using a method recognized under applicable law, every recipient will be contractually prohibited from attempting to re-identify it or to combine it with other data in order to do so, and we will update this document and our Privacy Policy before we begin. Because de-identified and aggregated information is not your health information and cannot reasonably be linked back to you, this use does not require your authorization and is not affected by a later deletion request; see Section 15.3.

10. Your Information and the License You Grant Us

10.1 You Own Your Information. You retain all rights in the Health Information, documents, notes, responses, and other content you submit to the Service ("Your Content"). Ressa claims no ownership of Your Content.

10.2 License to Operate the Service. You grant Ressa a limited, non-exclusive, royalty-free, worldwide license to host, store, reproduce, process, transmit, display, and analyze Your Content solely to: (a) provide, secure, and support the Service for you; (b) generate Insights for you; (c) share Your Content as you direct; (d) improve and maintain the Service; and (e) comply with legal obligations. This license ends when you delete Your Content or close your account, except for copies retained as described in Section 15.3 and for de-identified information already created.

10.3 Your Representations. You represent that you have the right to submit Your Content and that doing so does not violate any law or any third party's rights. Do not submit another person's health information unless you have that person's authorization or, in the case of a minor, you are their parent or legal guardian under Section 2.1.

10.4 Feedback. If you send us feedback, ideas, or suggestions about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without compensation to you. Feedback is not confidential. Do not include your health information in feedback.

11. Acceptable Use

You agree not to:

use the Service for any unlawful purpose or in violation of any applicable law;
submit false, misleading, or fraudulent information, impersonate any person or entity, or create more than one account, transfer your account, or create an account for anyone other than yourself except as expressly permitted under Section 2;
access or attempt to access any account, Health Vault, or data that is not yours;
solicit the login credentials, Login ID, or personal information of another person, or access an account belonging to someone else;
breach or attempt to breach any security or authentication measure of the Service, or avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure we or any third party implement to protect the Service;
hold yourself out as a licensed Professional if you are not, or use a Professional account without the required license;
provide medical advice to another user through the Service;
defame, abuse, stalk, threaten, intimidate, or harass any other user or any employee, contractor, or agent of Ressa, or otherwise violate their legal rights;
reverse-engineer, decompile, disassemble, or attempt to derive the source code, models, or underlying algorithms of the Service;
copy, reproduce, or create derivative works of the Service or any part of it, except as expressly permitted by these Terms;
scrape, crawl, harvest, or use automated means to access or extract data from the Service without our express written permission;
frame, mirror, or use framing techniques to enclose, or deep link to, any name, trademark, service mark, logo, content, or other proprietary information of Ressa, including images, text, page layout, or forms, without our express written consent;
upload or transmit any file or code containing viruses, worms, Trojan horses, or other contaminating or destructive features, or otherwise intended to disrupt, damage, or gain unauthorized access to any system;
interfere with the security, integrity, availability, or performance of the Service, or with any other user's use of it;
use the Service for any commercial purpose, other than to manage and share your own health information;
use the Service to gather information for the purpose of filing or supporting a legal claim against a third party;
use the Service or any output of it to build or train a competing product, model, or service; or
use the Service in any way that could expose Ressa, its users, or any third party to legal liability; or
facilitate or encourage any violation of these Terms.

We may investigate suspected violations and may suspend or terminate access, with or without notice, where we reasonably believe a violation has occurred or where continued access presents a risk to other users' health information.

12. Intellectual Property

12.1 Our Rights. The Service and its entire content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Ressa and its licensors or other Professionals of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Nothing in these Terms transfers any of those rights to you or grants you any right to use Ressa's names, trademarks, or logos. These Terms permit you to use the Service for your personal use only.

12.2 Our Name. The Ressa names and all related names, logos, product and service names, designs, and slogans are trademarks of Ressa or its affiliates or licensors. You must not use such marks without first obtaining Ressa’s written permission. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

12.3 Your License to Use the Service. Subject to your compliance with these Terms, Ressa grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own personal, non-commercial purposes, and to install and use any Ressa mobile application on a device you own or control. Any other use is prohibited and terminates this license.

12.4 Insights. You may use, download, print, and share Insights about your own health information for your personal purposes and with your Professionals without restriction. You may not redistribute Insights commercially or use them to develop a competing service.

13. Third-Party Content, Connected Data, and Related Services

13.1 Third-Party Content. The Service may contain or link to information, products, services, websites, and content provided by third parties, including educational material, laboratory personnel, connected devices and applications, and offerings from Ressa's affiliates or partners ("Third-Party Content"). We provide Third-Party Content as a convenience. We do not control it, do not endorse it, and make no representation or warranty about it. You assume all risk arising from your access to and use of Third-Party Content.

13.2 Connected Sources. During the course of using the Service, we may offer you the opportunity to connect with third-party vendors of products and services ("Third-Party Vendors"); Third-Party Vendors may include, without limitation, healthcare personnel, laboratory services personnel, data processing and visualization personnel, customer service specialists, AI Tool personnel, personnel of health-related products or services (e.g., supplements, wellness products, wearables or other devices), and telemedicine personnel. Notwithstanding the fact that Ressa may help facilitate such opportunities with certain third-party medical personnel and laboratories, you are free to use any medical Professional or laboratory of your choosing. Upon your request, Ressa will use commercially reasonable efforts to integrate information you provide to us from such Third-Party Vendors into the Service. Ressa may also offer you the opportunity to receive, view, and interact with content created and/or developed by a third party. Furthermore, in conjunction with the Service, Ressa may offer you the opportunity to purchase and/or receive third-party services, products, content, advertisements, devices, and offerings ("Offerings"). PLEASE CAREFULLY REVIEW THESE DISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY WITH RESPECT TO THIRD-PARTY SERVICES AND PRODUCTS.

13.3 Third Party Products & Offerings. Certain products made available for purchase in connection with the Service are manufactured, distributed, or provided by third parties and may be subject to separate terms and conditions, end-user license agreements, return policies, subscription terms, or other contractual requirements imposed by such third parties (“Third-Party Product Terms”). By purchasing or using any such product, you acknowledge and agree that you are bound by any applicable Third-Party Product Terms, and that Ressa is not responsible for the content, enforcement, or performance of such terms. In the event of a conflict between these Terms and any applicable Third-Party Product Terms, the Third-Party Product Terms shall govern solely with respect to the applicable third-party product or service.

13.4 NOTHING IN THIS SECTION 13.4 WAIVES OR LIMITS ANY LIABILITY THAT CANNOT BE WAIVED OR LIMITED UNDER APPLICABLE LAW, INCLUDING AS PROVIDED IN SECTION 18.3, AND NOTHING IN THIS SECTION 13.4 RELEASES RESSA FROM ITS OWN OBLIGATIONS UNDER THESE TERMS, INCLUDING THOSE IN SECTION 9.

- NEITHER RESSA NOR OUR AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY, QUALITY, EFFICACY, ACCURACY, RELIABILITY, UP-TO-DATENESS, USEFULNESS, TIMELINESS, SAFETY, COST, LEGALITY, OR RESULTS OF ANY THIRD PARTY'S OFFERINGS, OR ANY INFORMATION, RECOMMENDATIONS, OPINION, GUIDANCE, COURSE, TREATMENT, ADVICE, OR CARE PROVIDED IN CONNECTION THEREWITH.

- NOTWITHSTANDING ANY INTERVIEWS, BACKGROUND CHECKS, OR OTHER VETTING PROCEDURES WE MAY OPT TO CONDUCT, NEITHER RESSA NOR OUR AFFILIATES MAKES ANY WARRANTY, REPRESENTATION, GUARANTEE, RECOMMENDATION, REFERRAL, OR OPINION REGARDING ANY THIRD-PARTY PROFESSIONAL'S QUALIFICATIONS, CREDENTIALS, LICENSING, QUALITY OF WORK, CORRECTNESS OF OPINION, OR SOUNDNESS OR APPLICABILITY OF ADVICE. NEITHER RESSA NOR OUR AFFILIATES MAKES ANY ENDORSEMENT, WARRANTY, REPRESENTATION, GUARANTEE, RECOMMENDATION, REFERRAL, OR OPINION AS TO ANY SPECIFIC THIRD-PARTY Professional OPINION, RECOMMENDATION, COURSE, TREATMENT, PLAN, ITEM OF ADVICE, OR OTHER OFFERING. YOU ACKNOWLEDGE THAT YOU SELECT THIRD PARTY OFFERINGS YOURSELF AND THAT RESSA DOES NOT RECOMMEND OR ENDORSE ANY OFFERING.

- YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RESSA NOR OUR AFFILIATES SHALL HOLD ANY LIABILITY OR RESPONSIBILITY WITH RESPECT TO ANY THIRD PARTY ADVICE, INFORMATION, OPINION, GUIDANCE, PLAN, COURSE OF TREATMENT, CARE, TEST RESULT, OR OTHER OFFERING: YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE RESSA AND HOLD RESSA AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY OFFERING. THE TERMS IN THIS PARAGRAPH EMBRACE, WITHOUT LIMITATION ANY LOSSES ARISING OUT OF AND/OR RELATING TO: (i) THE COLLECTION, PROCESSING AND/OR ANALYSIS OF A SAMPLE BY A THIRD-PARTY LABORATORY SERVICES PROFESSIONAL; (ii) THE COMMUNICATION OF LABORATORY RESULTS BY A THIRD-PARTY LABORATORY SERVICES Professional; (iii) ANY ADVICE, OPINION, GUIDANCE, PLAN, COURSE OF TREATMENT, OR CARE OFFERED BY A THIRD-PARTY MEDICAL, HEALTHCARE, AND/OR WELLNESS Professional; (iv) ANY THIRD-PARTY CONTENT YOU ENCOUNTER WHILE USING THE SERVICE; (v) ANY THIRD-PARTY ADVERTISEMENT PUBLISHED AND/OR CIRCULATED IN CONNECTION WITH THE SERVICE; AND/OR (vi) ANY THIRD-PARTY PRODUCTS AND/OR DEVICES OBTAINED AND/OR USED BY YOU IN CONNECTION WITH THE SERVICE. WE ENCOURAGE YOU TO RESEARCH APPLICABLE DOCTORS, SERVICE PERSONNEL, AND MEDICAL PRODUCTS AND DEVICES, AND TO SEEK HELP ELSEWHERE OR RECEIVE A SECOND OPINION IF YOU ARE NOT 100% COMFORTABLE WITH ANY THIRD-PARTY ADVICE, GUIDANCE, OPINION, COURSE OF TREATMENT, PLAN, OR Professional. YOU ACKNOWLEDGE THAT THE SERVICE IS NOT AN EMERGENCY SERVICE, AS DESCRIBED IN SECTION 1.4, AND THAT IN A MEDICAL EMERGENCY YOU MUST CONTACT YOUR PHYSICIAN, GO TO THE NEAREST EMERGENCY DEPARTMENT, OR DIAL 911.

- NEITHER RESSA NOR OUR AFFILIATES MAKE ANY REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER PROMISES REGARDING THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY MEDICAL SERVICES PROFESSIONAL, FINANCIAL SERVICE Professional, TECHNOLOGY SERVICES PROFESSIONAL, CONTENT PROFESSIONAL, ADVERTISER, OR MANUFACTURER OR DISTRIBUTOR, EVEN IF THOSE THIRD PARTIES OFFER PRODUCTS, CONTENT, OR SERVICES THAT RESSA LINKS TO OR OTHERWISE FEATURES, ADVERTISES, AND/OR BUNDLES IN CONNECTION WITH THE SERVICE. YOU ACKNOWLEDGE THAT NEITHER RESSA NOR OUR AFFILIATES ENDORSES, CONTROLS, ASSUMES LIABILITY FOR, OR OTHERWISE TAKES RESPONSIBILITY FOR ANY ISSUES ARISING OUT OF OR RELATING TO THE ACTS OR OMISSIONS OF ANY THIRD-PARTY Professional, EVEN IF ACCESSED THROUGH THE SERVICE, AND WE MAKE NO REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER PROMISES IN CONNECTION THEREWITH. YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE RESSA AND OUR AFFILIATES AND HOLD RESSA AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ALL THIRD-PARTY PRODUCTS, SERVICES, CONTENT, MATERIALS, INFORMATION, AND OTHER OFFERINGS.

- YOU AGREE THAT NEITHER RESSA NOR OUR AFFILIATES PUTS FORTH ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, TITLES, OR INTERESTS, OR ANY RELATED RIGHTS, TITLES, INTERESTS, OR LICENSES, AS THEY ARISE IN CONNECTION WITH THE SERVICE, OR THE PRODUCTS AND SERVICES OF THIRD-PARTY VENDORS.

- YOU ACKNOWLEDGE AND AGREE THAT NEITHER RESSA NOR OUR AFFILIATES HAS ANY CONTROL, INPUT, OR AUTHORITY WITH RESPECT TO ANY THIRD PARTY'S TERMS OF SERVICE, PRIVACY POLICY, OR RELATED POLICIES AND PRACTICES, INCLUDING WITHOUT LIMITATION POLICIES AND PRACTICES RELATING TO THE COLLECTION, STORAGE, AND USE OF YOUR PERSONAL INFORMATION, EVEN IF RESSA INCORPORATES, LINKS TO, RELIES ON, OFFERS, FEATURES, AND/OR OTHERWISE FACILITATES ACCESS TO THE OFFERINGS OF SUCH THIRD PARTIES. YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE RESSA AND OUR AFFILIATES AND HOLD RESSA AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY'S TERMS OF SERVICE, PRIVACY POLICY, AND/OR RELATED POLICIES AND PRACTICES. YOU FURTHER ACKNOWLEDGE THAT RESSA STRONGLY RECOMMENDS THAT, FOR ALL THIRD-PARTY OFFERINGS YOU ENCOUNTER IN CONNECTION WITH THE SERVICE, YOU CAREFULLY REVIEW ALL APPLICABLE TERMS OF SERVICE, PRIVACY POLICIES, AND RELATED POLICIES AND PRACTICES PRIOR TO ACCESSING, USING, AND/OR INTERACTING WITH SUCH OFFERINGS.

- YOU ACKNOWLEDGE AND AGREE THAT NEITHER RESSA NOR OUR AFFILIATES HAS ANY CONTROL, INPUT, OR AUTHORITY WITH RESPECT TO ANY THIRD PARTY'S SCHEDULING DECISION, APPOINTMENT CANCELLATION, LATENESS, DELAY, OR FAILURE TO FULLY AND SUCCESSFULLY PROVIDE SERVICES, PRODUCTS, OR OTHER OFFERINGS. YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE RESSA AND OUR AFFILIATES AND HOLD RESSA AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY'S SCHEDULING DECISION, APPOINTMENT CANCELLATION, LATENESS, DELAY, OR FAILURE TO FULLY AND SUCCESSFULLY PROVIDE A SERVICE, PRODUCT, AND/OR OTHER OFFERING.

- YOU ACKNOWLEDGE AND AGREE THAT NEITHER YOUR LABORATORY RESULTS NOR ANY OTHER DOCUMENTS, MATERIAL, INFORMATION OR CONTENT WE FURNISH IS INTENDED AS MEDICAL ADVICE OR A SUBSTITUTE THEREFOR, EVEN IF AUTHORED, DISTRIBUTED, EDITED, OR RECOMMENDED BY A LICENSED MEDICAL PROFESSIONAL. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT HOLD RESSA OR OUR AFFILIATES RESPONSIBLE OR LIABLE FOR THE TIMING OR SUBSTANCE OF YOUR LABORATORY RESULTS, AND/OR ANY DOCUMENTS, COMMUNICATIONS, DATA, OR INFORMATION RELATING THERETO; TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE RESSA AND OUR AFFILIATES AND TO HOLD RESSA AND OUR AFFILIATES HARMLESS FROM ANY MATTER ARISING OUT OF AND/OR RELATING TO ANY INSIGHTS, YOUR LABORATORY RESULTS, AND/OR ANY DOCUMENTS, COMMUNICATIONS, DATA, OR INFORMATION RELATING TO YOUR LABORATORY RESULTS.

- YOU ACKNOWLEDGE THAT YOU MAY ENCOUNTER THIRD-PARTY INDIVIDUALS AND/OR INTERACTIONS THAT YOU DEEM TO BE HOSTILE, OBSCENE, OFFENSIVE, PREJUDICED, UNLAWFUL, INCOMPETENT, HARASSING, AND/OR OTHERWISE INAPPROPRIATE DURING THE COURSE OF OR AS A RESULT OF USING THE SERVICE. THIS INCLUDES, WITHOUT LIMITATION, THIRD-PARTY INTERACTIONS AND INDIVIDUALS YOU MAY ENCOUNTER WHEN (i) INTERACTING WITH THIRD-PARTY LABORATORY SERVICES AND/OR THIRD-PARTY TELEMEDICINE SERVICES PERSONNEL, (ii) POSTING AND ENGAGING WITH YOUR CONTENT, AND (iii) RECEIVING, DISCUSSING, AND/OR COMMUNICATING REGARDING LABORATORY RESULTS. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT HOLD RESSA OR OUR AFFILIATES RESPONSIBLE OR LIABLE FOR ANY SUCH THIRD-PARTY INDIVIDUALS AND/OR INTERACTIONS YOU ENCOUNTER IN CONNECTION WITH AND/OR AS A RESULT OF THE SERVICE; TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE RESSA AND OUR AFFILIATES AND HOLD RESSA AND OUR AFFILIATES HARMLESS FROM ANY MATTER ARISING OUT OF AND/OR RELATING TO SUCH AN INTERACTION AND/OR INDIVIDUAL.

- NEITHER RESSA NOR OUR AFFILIATES MAKES A WARRANTY OR REPRESENTATION REGARDING ANY INSURANCE OR OTHER HEALTHCARE POLICY, ANY BENEFITS THEREUNDER, OR THE SCOPE, VALIDITY OR ACCEPTABILITY THEREOF. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT HOLD RESSA OR OUR AFFILIATES RESPONSIBLE OR LIABLE FOR ANY INSURANCE OR OTHER HEALTHCARE POLICY CLAIMS, COVERAGE, REIMBURSEMENT, OR ACCEPTANCE ISSUES; TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE RESSA AND OUR AFFILIATES AND HOLD RESSA AND OUR AFFILIATES HARMLESS FROM ANY MATTER ARISING OUT OF AND/OR RELATING TO ANY INSURANCE OR OTHER HEALTHCARE POLICY CLAIMS, COVERAGE, REIMBURSEMENT, OR ACCEPTANCE ISSUES.

- RESSA DOES NOT GUARANTEE THAT WE WILL AUDIT, ANALYZE, OR REVIEW YOUR CONTENT OR OTHER THIRD-PARTY CONTENT BEFORE IT GOES LIVE. NEITHER RESSA, NOR OUR AFFILIATES IS IN ANY WAY RESPONSIBLE FOR WHAT IS PUBLISHED AS YOUR CONTENT OR OTHER THIRD-PARTY CONTENT IN CONNECTION WITH THE SERVICE, AND WE ARE UNDER NO OBLIGATION TO EDIT OR CONTROL YOUR CONTENT OR OTHER THIRD-PARTY CONTENT. WHILE WE LIKE TO MAKE EFFORTS TO HELP OUR USERS, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING RESPONDING TO YOUR CONTENT ISSUES, THIRD PARTY CONTENT ISSUES, OR OTHER ISSUES ARISING OUT OF, OR RELATING TO THE SERVICE; IT IS POSSIBLE THAT YOUR ISSUE MAY GO UNADDRESSED. WE MAY REMOVE THIRD-PARTY CONTENT AT ANY TIME, AND MAY REMOVE OR RESTRICT ACCESS TO YOUR CONTENT THAT VIOLATES SECTION 11 OR APPLICABLE LAW. REMOVAL DOES NOT AFFECT YOUR RIGHTS IN YOUR CONTENT UNDER SECTION 10 OR THE RETENTION AND DELETION TERMS OF SECTION 15.

13.5 Connected Devices and Applications. If you connect a third-party device, application, or account, you authorize us to receive data from it and, where the connection is two-way and you have so elected, to send data to it. Your use of that third party remains governed by its own terms and privacy policy. We are not responsible for the accuracy of data a connected source produces, for its availability, or for its security practices. If a connected source stops working or changes its terms, the associated Service functionality may change or stop.

13.6 Payment Processing. All credit card, debit card, and other monetary transactions on or through the Service occur through an online payment processing application accessible through the Service. This online payment processing application is provided by Ressa’s third-party online payment processing vendor, Stripe (“Stripe”). Additional information about Stripe, its privacy policy, and its information security measures (collectively, the “Stripe Policies”) should be available on the Stripe website located at https://stripe.com/us/privacy or by contacting Stripe directly. Reference is made to the Stripe Policies for informational purposes only and the Stripe Policies are in no way incorporated into or made a part of this Agreement. Ressa’s relationship with Stripe is merely contractual in nature, as Stripe is nothing more than a third-party vendor to Ressa, and is in no way subject to Ressa’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers, or the like.

13.7 Affiliates. Ressa has affiliated entities under common ownership or control, and the Service may present their products, services, or educational content. Those offerings are Third-Party Content for purposes of this Section notwithstanding the affiliation. With the applicable effective personalized-marketing authorization, Ressa may use your health and genetic information to select and send messages about Ressa’s own and its partners’ offerings, including an affiliated brand’s offerings. Ressa may be paid for sponsored messages. We may use contracted delivery providers acting only on our behalf; this permission does not allow sponsors, affiliated brands or advertising platforms to receive your identifiable health or genetic information for their independent use. Marketing using information held on a practice’s behalf is also subject to the separate Practitioner Health Information Marketing Authorization and our agreement with that practice.

14. Fees and Payment

14.1 You Authorize Ressa to Effectuate Your Purchase. You should plan for your payment to process via Stripe immediately upon finalizing your purchase with Ressa. You hereby authorize Ressa and Stripe to: (i) charge your desired payment method in full for all amounts listed at the time of purchase/transaction confirmation, inclusive of any taxes, charges, surcharges, and fees; (ii) disclose your name and email address to Stripe, as reasonably necessary to facilitate the purchase and/or delivery of the Service; (iii) make use of any other payment methods you have submitted in the event that one of your payment methods is refused or denied. You agree that Ressa may limit, suspend, or revoke your access if you fail to submit and keep up-to-date a viable payment method.

14.2 Subscriptions. If you purchase access to certain features and functionality of the Service on a recurring basis (a “Subscription”), the fee for such Subscription will be billed at the start of the Subscription and continuously at regular intervals in accordance with your elections at the time of purchase until you cancel your Subscription. Ressa reserves the right to change the timing of our billing. Ressa reserves the right to change the Subscription pricing at any time. If changes to the Subscription price occur that impact your Subscription, Ressa will use commercially reasonable efforts to notify you, such as by sending an email to the email address associated with your account. If you do not agree with such changes, you may cancel your Subscription as set forth in Section 14.4.

14.3 Automatic Renewal. If you elect to purchase a Subscription, your Subscription will continue and automatically renew at Ressa’s then-current price for such Subscription until terminated in accordance with this Agreement. The frequency at which your Subscription renews (i.e., monthly, annually, etc.) will be designated at the time you sign up for the Subscription. By subscribing, you authorize Ressa to charge the payment method designated by you now, and again at the beginning of any subsequent Subscription period.

14.4 Cancelling Subscriptions. If you wish to cancel your Subscription or do not wish your account to renew automatically, you may do so prior to the date your subscription takes effect or renews through the billing settings in your account or by contacting Ressa at privacy@ressahealth.com. Your cancellation generally will take effect at the end of the billing cycle in which you cancel, and you will maintain access to your account until then.

14.5 Taxes. The fees do not include any sales tax that may be due in connection with the Service provided under this Agreement. If Ressa determines it has a legal obligation to collect Sales Tax from you in connection with this Agreement, Ressa shall collect such Sales Tax in addition to the fees.

14.6 Contact Us. If you have any questions about our refund and account credit policy or need assistance with a refund or credit request, please contact us at support@ressahealth.com.

14.7 Free Trials and Other Offers. Ressa may offer additional promotions or discounts related to Subscriptions from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the sign-up process will form part of the Agreement. Unless specified in writing, all discount offers that require a payment are non-refundable. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. YOU MAY BE REQUIRED TO HAVE A VALID PAYMENT METHOD ON FILE AND ACCEPT THE TERMS OF AN AUTOMATICALLY RENEWING PAID SUBSCRIPTION, INCLUDING THOSE DESCRIBED IN THIS SECTION, IN ORDER TO INITIATE A FREE TRIAL OR PROMOTIONAL MEMBERSHIP; IF YOU DO NOT CANCEL BEFORE YOUR FREE TRIAL OR PROMOTIONAL MEMBERSHIP PERIOD ENDS, YOUR ACCOUNT WILL BE CONVERTED TO A PAID SUBSCRIPTION AND WILL BE CHARGED IN ACCORDANCE WITH THESE SUBSCRIPTION TERMS.

14.8 No Insurance Billing. The Service is offered on a private-pay basis. Ressa does not accept commercial or governmental health insurance plans, is not in-network with any commercial health insurance plans, and is not enrolled with federal or state healthcare programs, such as Medicare and Medicaid. By choosing to use the Service and/or subscribing to the Service, you are specifically choosing to obtain products and services exclusively on a private-pay basis outside of any commercial health insurance plan or federal or state healthcare program. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a state or federal health program beneficiary, you agree that neither you nor Ressa will submit a claim for reimbursement to any federal or state healthcare program for the costs of the Service.

14.9 No Fee for Your Own Records. Regardless of any other fee, we will not charge you to obtain a copy of your own health information or to have it transmitted to a person you designate.

15. Closing Your Account; Retention and Deletion

15.1 Closing Your Account. You may close your account at any time through your account settings or by contacting support@ressahealth.com. Before you close it, we encourage you to export your information; you may export it at any time by downloading it from the Service.

15.2 Retention After Closure, and Deletion. Ressa retains identifiable account and health Information while an account is active and for 7 years after account closure. Certain information may be deleted sooner upon a valid request or retained longer when required or permitted by law, contract, legal hold, or research authorization. Properly de-identified information may be retained indefinitely except where prohibited by law. Health information in encrypted backups is removed on our ordinary backup rotation, which may take longer than thirty (30) days; we do not restore deleted information from backup except where the law requires it. A shorter retention or faster deletion period required by the law of your state controls over this Section.

15.3 What Deletion Cannot Reach. Deleting your information from Ressa does not delete information already in a Professional's records or in the records of anyone else with whom you shared it. See Section 8.6. Deletion also does not reach the following: (i) payment and transaction records held by our payment processor: closing or deleting your Ressa account does not delete the customer, subscription, or transaction records our processor maintains, and the processor may retain them to meet its own legal, regulatory, fraud-prevention, and recordkeeping obligations. To ask about information it holds, you must contact the processor directly; and (ii) de-identified and aggregated information: once information has been de-identified or aggregated so that it no longer identifies you, it is no longer your health information, we cannot trace it back to you, and deleting your account does not withdraw it from datasets, research, or model-training uses in which it has already been included.

15.4 Suspension and Termination by Us. We may suspend or terminate your access for violation of these Terms, for conduct that presents a risk to other users or to the Service, or if we discontinue the Service. Except where doing so would be unlawful or would create a security risk, we will give you notice and a reasonable opportunity to export your information before terminating your account.

16. Copyright Complaints

16.1 DMCA Designated Agent. Ressa respects the intellectual property rights of others and expects users to do the same. If you believe that content uploaded to the Service by another user infringes your copyright, you may submit a takedown notice to Ressa’s designated copyright agent:

Ressa’s designated agent is registered with the U.S. Copyright Office as required by 17 U.S.C. Section 512(c)(2).

16.2 How to Submit a Takedown Notice. To be valid under the DMCA, your written notice must include all of the following:

- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

- Identification of the copyrighted work you claim has been infringed, or, if multiple works are covered by a single notice, a representative list.

- Identification of the material you claim is infringing and information reasonably sufficient to allow Ressa to locate it on the Service (such as a URL or account identifier).

- Your name, address, telephone number, and email address.

- A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or applicable law.

- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

- Notices that do not include all required elements may not be acted upon. Submitting a materially false takedown notice may expose you to liability under 17 U.S.C. Section 512(f).

16.3 Counter-Notification. If you believe that content you uploaded was removed or disabled as a result of a mistake or misidentification, you may submit a counter-notification to Ressa’s designated agent at the address above. A valid counter-notification must include:

- Your physical or electronic signature.

- Identification of the material that was removed or disabled and the location where it appeared before removal.

- A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification.

- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if you are outside the United States, any judicial district in which Ressa may be found), and that you will accept service of process from the person who submitted the original takedown notice or their agent.

If Ressa receives a valid counter-notification, it may restore the removed material after not less than ten (10) and not more than fourteen (14) business days, unless Ressa’s designated agent first receives notice that the original complainant has filed a court action seeking to restrain the activity.

16.4 Repeat Infringers. Ressa will terminate the accounts of users who are determined to be repeat copyright infringers, in appropriate circumstances and at Ressa’s discretion, consistent with 17 U.S.C. Section 512(i).

17. Disclaimers and Assumption of Risk

17.1 No Medical Services. RESSA DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, TREATMENT, CLINICAL CONSULTATION, OR ANY FORM OF MEDICAL OPINION, THROUGH THE SERVICE OR OTHERWISE. RESSA IS NOT A LICENSED HEALTHCARE PROFESSIONAL, DOES NOT ENGAGE IN THE PRACTICE OF MEDICINE, AND HAS NO EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING ANY MEDICAL CONDITION OR IN DETERMINING THE EFFECT OF ANY TREATMENT. ACCESSING THE SERVICE DOES NOT CREATE A PHYSICIAN-PATIENT OR OTHER PROFESSIONAL RELATIONSHIP WITH RESSA OR WITH ANY Professional, LABORATORY, OR ORDERING PHYSICIAN, AND DOES NOT CREATE ANY PHYSICIAN-PATIENT PRIVILEGE.

17.2 Acknowledgments. By using the Service you acknowledge and agree that:

the Service is provided for informational and educational purposes only and is not intended, designed, or implied to diagnose, prevent, treat, or cure any condition or disease, or to substitute for professional medical care;
Ressa does not provide emergency services and has no obligation to contact you or anyone else about your health, your results, or your condition;
Ressa is not responsible for the accuracy, reliability, effectiveness, or correct use of the Service, any Insight, any laboratory result, or any Third-Party Content;
you should always consult a qualified healthcare professional with any question about a medical condition; and
you should never disregard professional medical advice, or delay seeking it, because of anything you encountered through the Service.

17.2.1 Service Availability. Ressa does not guarantee uninterrupted, timely, secure, or error-free access to the Service. We may modify, suspend, or discontinue the Service or any feature, including for maintenance, at any time.

17.2.2 Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY, OR THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. RESSA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. RESSA DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND RESSA DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING RESSA OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

17.2.3 APPLICABLE LAW IN SOME JURISDICTIONS MAY IMPLY WARRANTIES, CONDITIONS, OR GUARANTEES OR IMPOSE OBLIGATIONS WHICH PROVIDE YOU WITH CERTAIN CONSUMER RIGHTS. THESE TERMS ARE IN NO WAY INTENDED TO RESTRICT THOSE RIGHTS AND RESSA DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT RESSA IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

17.2.4 Third Parties; Assumption of Risk and Limited Release. Professionals, Ordering Physicians, laboratories, specimen collection personnel, Third-Party Vendors, and the operators of connected devices and applications are independent of Ressa; they are not Ressa's employees or agents, Ressa does not control or direct their acts or omissions, and Ressa does not practice medicine, provide laboratory services, or interpret results. You decide which of them to use, and you assume the risk of that decision, including the risk of any act, omission, error, delay, or failure to perform on their part. To the fullest extent permitted by applicable law, you release Ressa and its affiliates from, and agree not to assert against them, any claim arising out of the acts or omissions of any such third party, including any claim relating to the collection, handling, transport, or analysis of a specimen; the substance, accuracy, or timing of a result; any diagnosis, advice, treatment, or care a third party provides or fails to provide; and any product a third party manufactures, distributes, or sells. This Section does not release, waive, or limit: (a) any claim arising out of Ressa's own acts or omissions, including any breach of Section 9 or Section 10; (b) any liability for Ressa's gross negligence, willful misconduct, or fraud; (c) any liability or right that cannot be released, waived, or limited under applicable law, including under any consumer protection, health privacy, or genetic privacy statute; or (d) any right or remedy you have directly against the third party. This Section applies only to the extent permitted in your jurisdiction; some jurisdictions do not permit the release of claims that are unknown at the time of the release or the prospective release of future claims, and where that is the case this Section applies to the maximum extent permitted, is otherwise severable in accordance with Section 23, and the remainder of these Terms remains in full force and effect.

18. Limitation of Liability and Indemnification

18.1 EXCLUSION OF INDIRECT DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RESSA NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, RELIANCE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT RESSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

18.2 CAP. UNLESS PROHIBITED BY APPLICABLE LAW, RESSA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID RESSA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND RESSA.

18.3 Exceptions to the Cap. The cap in Section 18.2 does not apply to liability that cannot be limited as a matter of law, including liability arising from Ressa's gross negligence, willful misconduct, or fraud, or from a violation of a statute that expressly prohibits the limitation of liability.

18.4 Jurisdictional Limits. Some jurisdictions do not allow the exclusion or limitation of certain damages. Where that is the case, the above limitations apply only to the extent permitted.

18.5 INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD RESSA AND OUR AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, SERVICE PERSONNEL, LICENSORS, AND AGENTS (COLLECTIVELY, THE “RESSA PARTIES”) HARMLESS IN CONNECTION WITH ANY THIRD-PARTY CLAIM, AND ALL RELATED LOSSES, ARISING OUT OF AND/OR RELATING TO YOUR USE OF OUR SERVICES AND/OR PRODUCTS AND/OR YOUR ACTS AND/OR OMISSIONS IN CONNECTION THEREWITH, EXCEPT WITH RESPECT TO ACTS AND/OR OMISSIONS THAT RESULTED FROM RESSA’S SOLE NEGLIGENCE, RECKLESSNESS, KNOWING INTENT, OR STRICT LIABILITY. THIS INDEMNIFICATION PROVISION EMBRACES, WITHOUT LIMITATION: (i) YOUR USE AND/OR MISUSE OF OUR SERVICES, OUR PRODUCTS, AND/OR ANY THIRD-PARTY SERVICES OR OTHER OFFERINGS ARISING OUT OF AND/OR RELATING TO OUR SERVICES AND/OR PRODUCTS (INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY); (ii) ANY ACTS AND/OR OMISSIONS TAKEN AS A RESULT OF YOUR RECEIPT OF LAB RESULTS OR RELATED CONTENT; (iii) ANY THIRD-PARTY OPINION, RECOMMENDATION, COURSE OF TREATMENT, PLAN, AND/OR ITEM OF ADVICE THAT CONCERNS, ARISES OUT OF, RELATES TO, INCORPORATES, EMANATES FROM, AND/OR BEARS ON THE USE OF OUR SERVICES; (iv) ANY USAGE, DISCLOSURE, DECISION, ACT, AND/OR OMISSION ARISING OUT OF, RELATING TO, AND/OR RESULTING FROM LAB RESULTS AND/OR RELATED CONTENT; (v) ANY INFORMATION AND/OR DATA YOU PROVIDE TO US AND/OR ONE OR MORE OF OUR AFFILIATES, LICENSORS, AND THIRD-PARTY SERVICE VENDORS, INCLUDING WITHOUT LIMITATION ANY USER CONTENT AND SELF-REPORTED PERSONAL INFORMATION; (vi) YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY AND/OR SECURITY OF YOUR PASSWORD, ACCOUNT INFORMATION, OR PERSONAL INFORMATION; (vii) YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS (E.G., PRIVACY, CONFIDENTIALITY, INTELLECTUAL PROPERTY); AND (viii) YOUR VIOLATION OF ONE OR MORE TERMS, INCLUDING WITHOUT LIMITATION ANY BREACH OF REPRESENTATION, WARRANTY, OR COVENANT SPECIFIED IN THESE TERMS. THIS PARAGRAPH DOES NOT APPLY TO ANY CLAIM ARISING FROM RESSA’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR TO ANY LIABILITY THAT CANNOT BE INDEMNIFIED OR LIMITED UNDER APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THE RESSA PARTIES RESERVE THE EXCLUSIVE RIGHT TO CONTROL THE DEFENSE, SETTLEMENT, AND SELECTION OF COUNSEL IN CONNECTION WITH ANY CLAIM FOR WHICH YOU ARE BOUND TO PROVIDE INDEMNIFICATION BY THE TERMS AND CONDITIONS SET FORTH IN THIS PARAGRAPH OR ANY OTHER TERM OR CONDITION, AT YOUR COST AND EXPENSE. RESSA WILL MAKE A GOOD-FAITH EFFORT TO NOTIFY YOU IF WE LEARN OF ANY CIRCUMSTANCES THAT GIVE RISE TO THE INDEMNIFICATION OBLIGATIONS HEREIN SPECIFIED.

19. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH RESSA INDIVIDUALLY AND LIMITS THE WAY YOU CAN SEEK RELIEF, INCLUDING BY WAIVING YOUR RIGHT TO A JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT UNDER SECTION 19.5.

19.1 Informal Resolution First. Before starting a formal proceeding, you agree to try to resolve the dispute informally by emailing support@ressahealth.com with your name, the email address associated with your account, and a description of the dispute and the relief you seek. We will attempt to resolve it by email or telephone. If the dispute is not resolved within thirty (30) days after we receive your notice, either party may begin a formal proceeding. This requirement does not bar either party from seeking urgent injunctive relief.

19.2 Arbitration. Except as provided in this Section, you and Ressa agree that any controversy, claim, or dispute arising out of or relating to these Terms or the Service, including the determination of the scope or applicability of this agreement to arbitrate (a "Dispute"), will be resolved by binding arbitration before a single arbitrator rather than in court. JAMS will administer the arbitration under its Consumer Arbitration Minimum Standards and its Streamlined Arbitration Rules and Procedures, or its Comprehensive Arbitration Rules and Procedures where the amount in controversy exceeds $250,000. The seat of arbitration will be the federal judicial district in which you reside, or another location you and Ressa agree on, and you may elect to participate by telephone or videoconference or, for claims under $25,000, on documents only. The arbitrator may award any relief a court could award on an individual basis, must apply applicable law, and must issue a written decision stating the essential findings and conclusions. Ressa will pay all JAMS filing, administrative, and arbitrator fees in excess of the amount you would have paid to file the same claim in the state court where you reside, and will pay all such fees where the arbitrator finds your claim was not frivolous. Each party otherwise bears its own attorneys' fees, except where a statute or the arbitrator's award provides otherwise.

19.3 Exceptions. Either party may bring an individual action in small-claims court instead of arbitration if it qualifies. Either party may seek provisional or injunctive relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property or unauthorized access to data. Nothing in this Section prevents you from bringing a matter to the attention of a federal, state, or local agency, or from participating in a proceeding that agency brings.

19.4 Class Action Waiver. TO THE EXTENT PERMITTED BY LAW, YOU AND RESSA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. If this Section 19.4 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in a court of competent jurisdiction, and the remainder of this Section will continue to apply in arbitration.

19.5 Your Right to Opt Out. You may opt out of Sections 19.2 and 19.4 by sending written notice to support@ressahealth.com no later than sixty (60) days after the date you first accept these Terms. Your notice must include your first and last name, the email address associated with your account, and an unequivocal statement that you are opting out of arbitration. Opting out will not affect your access to the Service or any other part of these Terms. If you opt out, any Dispute must be brought exclusively in the state or federal courts located in Pima County, Arizona, and you and Ressa consent to the personal jurisdiction and venue of those courts.

19.6 Time to File. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW IF LONGER, AFTER WHICH IT IS PERMANENTLY BARRED. This Section does not apply to any claim for which applicable law prohibits a contractual shortening of the limitations period, including claims under state health-privacy statutes where prohibited.

19.7 Jury Trial Waiver. Except where prohibited by law, you and Ressa waive any constitutional and statutory right to a trial before a judge or jury and elect instead to have Disputes resolved by arbitration. In any litigation over whether to enforce or vacate an arbitration award, both parties waive any right to a jury.

19.8 Changes and Survival. If Ressa materially changes this Section, the change will not apply to any Dispute of which Ressa had actual notice before the change took effect, and you may reject the change by written notice within thirty (30) days. This Section survives termination of your account and of these Terms.

20. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 19 and except that nothing in this Section deprives you of the protection of any mandatory consumer or health-privacy law of the state in which you reside. For any claim not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Pima County, Arizona. The Uniform Commercial Code, the Uniform Computer Information Transactions Act, and the United Nations Convention on Contracts for the International Sale of Goods do not apply.

21. Changes to These Terms

We may update these Terms. If we make a material change, we will notify you through the Service or by email at least thirty (30) days before it takes effect, and we will post the updated Terms with a new Effective Date. A material change that expands how we use or disclose your health information will not apply to information already in your Health Vault unless you affirmatively agree to it. Your continued use of the Service after the effective date of a change constitutes acceptance of it. If you do not agree, stop using the Service and close your account before the change takes effect.

22. State-Specific Notices

22.1 California. UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA USERS ARE ENTITLED TO THE FOLLOWING NOTICE: IF YOU HAVE A QUESTION OR COMPLAINT REGARDING THE SERVICE, CONTACT US AT 2 EAST CONGRESS STREET SUITE 900, TUCSON, AZ 85701 OR SUPPORT@RESSAHEALTH.COM. CALIFORNIA RESIDENTS MAY REACH THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER SERVICES OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS BY MAIL AT 1625 NORTH MARKET BLVD., SUITE N-112, SACRAMENTO, CA 95834, OR BY TELEPHONE AT (916) 445-1254 OR (800) 952-5210.

22.2 Washington, Nevada, and Other Consumer Health Data States. If you are a resident of a state with a consumer health data statute, additional rights and disclosures apply to you and are set out in our Consumer Health Data Privacy Policy, including rights of access, deletion, and withdrawal of consent, and in Washington a private right of action.

22.3 Conflict with State Law. Where any provision of these Terms conflicts with a mandatory provision of the law of the state in which you reside, the state provision controls as to you and the remainder of these Terms continues in effect.

23. General Provisions

23.1 Entire Agreement. These Terms, the Privacy Policy, the Consumer Health Data Privacy Policy, the applicable provisions of the Research, Data and Marketing Authorization, and any separate state consent or practitioner authorization you execute constitute the agreement between you and Ressa concerning their respective subject matter and supersede prior agreements on that subject to the extent lawfully replaced. Incorporation of a document does not select an optional permission you have not affirmatively given.

23.2 Order of Precedence. If there is a conflict between these Terms and the Privacy Policy or Consumer Health Data Privacy Policy as to the handling of your health information, the document that gives you the greater protection controls.

23.3 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remaining provisions continue in full force.

23.4 No Waiver. Our failure to enforce any provision is not a waiver of the right to enforce it later.

23.5 Assignment. You may not assign or transfer your rights or obligations under these Terms. Ressa may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, provided that any assignee assumes the commitments in Section 9 with respect to your health information and that we notify you of the assignment.

23.6 No Third-Party Beneficiaries. These Terms are for the benefit of you and Ressa only and create no enforceable rights in any third party, except that a Professional's rights and obligations with respect to your information are governed by the business associate agreement between Ressa and that Professional.

23.7 Notices. Notices to us must be sent to support@ressahealth.com. We may give notice to you by email to the address associated with your account or by posting in the Service. Notice is effective when sent or posted, except that notice of a material change under Section 21 and notice of a breach under Section 9.1 must be sent by email.

23.8 Force Majeure. We are not liable for any failure or delay in performance arising from a cause beyond our reasonable control, provided that this Section does not excuse any obligation under Section 9 to safeguard your health information or to notify you of a breach.

23.9 Survival. Sections 9, 10, 12, 15, 17, 18, 19, 20, and 23 survive termination of these Terms and closure of your account.

Contact. Metabolic Terrain Omics, Inc. d/b/a Ressa Health, 2 East Congress Street, Suite 900, Tucson, AZ 85701. General support, privacy, legal and formal notices: support@ressahealth.com.

Individual Terms of Service