Effective date: October 17, 2023. Version 2.0.
These Terms and Conditions (“Terms”) apply to your access to and use of the Services, Content, any MYCO Site and any MYCO App (each as defined below in Section 1) for the purposes of obtaining health information or for research identified by MYCO,. These Terms form a contract between Molecular You Corporation (“MYCO”, “We”, “we”, “Us”, “us”, “Our”, or “our”) and you (“You”, “you”, “Your”, “your” or “my”). Any use by you of any of the Services or Content or of any MYCO Site or of any MYCO App shall constitute your acceptance of and agreement to be bound to these Terms (excluding with respect to any particular Services, Content, MYCO Site or MYCO App provided by MYCO under a separate agreement that expressly states that these Terms do not apply). The Terms that govern are the Terms then in effect when you access or use the Services, Content, MYCO Site or MYCO App (as the case may be). These Terms incorporate by reference the MYCO Privacy Policy, Consent and Authorization Form, any research specific Study Protocol (as applicable) and any and all other applicable documents found at https://www.molecularyou.com/legal.
If you do not agree with the Terms, you must not use or access the Services, Content, MYCO Site and/or MYCO App (as the case may be). You should address your questions about MYCO services with our Customer Coordinator at [email protected]. Questions about the collection, use or disclosure of your information as set out in these Terms may be directed to MYCO’s privacy officer at #307-788 Beatty Street, Vancouver, British Columbia, Canada V6B 2M1 (the “Privacy Officer”).
1. DEFINED TERMS
In these Terms including all of the foregoing portion paragraphs and everything to follow below, the following terms have the following meanings:
“Action Plan” means a personalized set of insights and suggestions for proactive health management based on an individual’s Health Data results;
“Biomarkers” or “Biomarker Information” means (a) the Health Data and any other information regarding your personal biomarker-related data profile (including genes, metabolites, proteins, metals, minerals, nutrients, toxins, microbes, pharmacogenetics) generated or supplied by MYCO or by its contractors, whether through processing of your saliva, blood, urine and fecal matter or any other means of analyzing your samples, as well as (b) any other test results and related information that we generate from testing or analyzing your samples in any way in the course of providing Services to you;
“Consent Document” means a consent form or consent document by which MYCO obtains your consent to the participation in the Services and authorization for the exchange of such information in accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) as amended and the implementing regulations thereto; “Content” means all data, software, text, pictures, images, photographs, diagrams, charts, graphs, graphics, audio, video, multimedia, user interfaces, templates, documents, document layouts, logos, and other information made available by or on behalf of MYCO via the Services or any MYCO Site or MYCO App;
“Customer Coordinator” means the person or persons acting for MYCO that arranged for collection of your Samples for testing; for avoidance of any doubt you must collect your Samples using the collection process we provide you for purposes of testing and related Services; our Customer Coordinator will arrange for the / coordinate receipt of the Samples;
“De-Identified Information” means de-identified versions of your Biomarker Information and Self-Reported Information with your identity removed in accordance with the standards set forth in the HIPAA Privacy Regulations, 45 CFR Section 164.514(a), including versions of any other data generated from your Samples with your identity removed and versions of any information that MYCO is provided about you (other than your Identifying Information) with your identity removed; for avoidance of any doubt, information about you is de-identified (i.e. your identity is removed) when personal identifiers about you are removed from the applicable information in accordance with the standards set forth in the HIPAA Privacy Regulations, 45 CFR Section 164.514(a), excluding genetics and other Biomarkers which will remain as part of the de-identified information;
“Health Data” means Biomarker Information collected, analyzed and generated by Molecular You and other health-related data that we generate and analyze from your samples, and compare then the results to “normal” Biomarker ranges found in peer-reviewed medical and health-related literature worldwide;
“Identifying Information” means your name and contact information, including Registration Information as well as other information related to your health status or condition by which your identity might be discovered “Molecular You” or “MYCO” means Molecular You Corporation;
“MYCO App” means any software application or app of MYCO;
“MYCO Site” means any MYCO website or portal that MYCO makes available for public access;
“MYID” means your unique identifier that links your encrypted Health Data to your Personal Information;
“Personal Information” means the personal information that is about you as an identifiable natural individual. MYCO collects and stores the following types of Personal Information: “Registration Information” is the registration information you provide when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information); Biomarker Information as defined above; and “Self-Reported Information” is all information about yourself that you enter into surveys, forms, or features while signed in to your MYCO account (including via the “About Me:” section or another section of the MYCO MY Health Intelligence Platform), including what you reported concerning your disease conditions, other health-related information, personal traits, ethnicity, family history, date of birth, and other information that you enter into surveys, forms, or features while signed in to your MYCO account, and any other information about yourself (other than Registration Information) that you supply to us in one form or another, as well as any third-party generated results or information about yourself that you supply to us, that you have a third-party provide us or that you approve MYCO requesting and obtaining from a third-party that you identify for us;
“Physician” means a third-party physician of your choice;
“Privacy Policy” means MYCO’s privacy policy;
“Samples” means human biological samples including, but not limited to, saliva, fecal, urine and blood;
“Service” or “Services” means MYCO’s products, software, services, mobile application, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not;
“Terms” means these Terms and Conditions issued by MYCO and as may be amended, revised or updated from time to time in accordance with these Terms and Conditions;
“Third-Party Practitioner” means a healthcare provider or personal health consultant that you consult with at your own choosing. This may include, but is not limited to, your family physician, nutritionist, dietician, or other healthcare provider or personal health consultant that you choose to consult with in connection with the Biomarker Information about you generated by the Services and provided to you;
“User Content” means all information, data, opinions, profiles, messages, notes, website links, software, text, pictures, images, photographs, diagrams, charts, graphs, graphics, audio, video and multimedia, excluding Biomarker Information and Self-Reported Information, generated or provided by users of the Services or any MYCO Site or MYCO App and transmitted to or via MYCO;
2. ACCEPTANCE OF TERMS
By using any of the Services, Content, MYCO Site or MYCO App or registering for an account or clicking a “Sign-In”, “I Accept” or “I Agree” button, you are submitting that you have read, understood and accepted and agreed to be bound to these Terms (excluding with respect to any particular Services, Content, MYCO Site or MYCO App provided by MYCO under a separate agreement that expressly states that these Terms do not apply) and any other applicable laws, statutes and/or regulations. If you violate any provision of these Terms, MYCO may terminate your permission to use and access to the Services, Content, Site and APP. Except as specified herein, without limiting the foregoing, these Terms apply to any use of the Services and Content, including but not limited to
(a) submitting Samples for processing and analysis,
(b) uploading a digital version of your Biomarkers and interacting with it on a MYCO site or MYCO App, and/or
(c) creating and using a MYCO account without providing your Samples or Biomarkers. In addition, when using particular Services or Content or a particular MYCO Site or MYCO App, you agree to be bound by any additional guidelines, restrictions, or rules that may be posted from time to time by MYCO in connection with same. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms.
3. PRE-REQUISITES
3.1 You must be at least 19 years of age to use this website or any Services contained herein. Your access or use of this website indicates your representation that you are at least 19 years of age. We assume no responsibility or liability for any misrepresentation of your age. Subject to Section 3.2, if you are under 19 years of age, you must have the Terms agreed to by both yourself and your parent or legal guardian, before you may make use of the Services, including those Services relating to the collection and testing of Samples. MYCO reserves the right, at our sole discretion, to refuse or discontinue the provision to you or use by you of any Services, Content, MYCO Site and/or MYCO App if we become aware or believe that you are under 19 years of age, even if the Terms have been agreed to by both you and your parent or legal guardian.
3.2 You are prohibited from using any of the Services that include submitting your own Samples or Samples on behalf of anyone else, or otherwise providing any information about you or anyone else if you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
4. DESCRIPTION OF THE SERVICES AND OUR USE OF INFORMATION
4.1 The Services include access to a MYCO Site and personal health assessment services, including the collection and analysis of your Samples. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the Terms. You acknowledge and agree that the Services are based on the biomarker-related research and technology in use by MYCO at the time of the purchase of the Services or viewing of the results (as determined by MYCO at its sole discretion). As research progresses and scientific knowledge and technology evolve, MYCO is regularly innovating in order to improve and advance the experience for its users. You acknowledge and agree that the form and nature of the Services which MYCO provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that MYCO may stop (permanently or temporarily) providing some or all Services (or any features within the Services) to you or to users generally at MYCO’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform MYCO when you stop using the Services unless you are requesting closure of your account. MYCO assumes no responsibility for the use of Services outside of these Terms or other applicable terms to the extent those other applicable terms have been separately and expressly agreed to by MYCO.
4.2 You are responsible for obtaining and maintaining, at your own cost and expense, your own Internet access (or other network access), equipment, hardware, software, network infrastructure, communications systems (including emails, phones, faxes) and any ancillary third-party communications services (collectively “Subscriber System”), needed to access or otherwise use, via the Internet or another form of network, any of the Services or Content or any MYCO Site or MYCO App. You shall be responsible for any changes to the Subscriber System that could affect access to or use of the Services or Content or any MYCO Site or MYCO App. You acknowledge and agree that the Internet (or any other third-party network) is not owned, operated, managed by MYCO or any of its affiliates or suppliers, that it is a separate network of computers independent of MYCO, and that it is used by you are your sole risk and is subject to all applicable local, state, provincial, national and international laws and regulations.
4.3 Access to MYCO Services, Content, Site and App are provided to individuals, however you may grant access to your account to additional users, such as healthcare providers, caregivers or family members. In doing so, you may choose to allow such additional users to retrieve, provide, and/or modify health and other information in your account, or otherwise share your information consistent with such individuals’ legal responsibilities with respect to the privacy and security of such information. If you allow other users to access your account, the Terms, your Consent and Authorization, all other MYCO Legal Documents, as well as the content of the Authorization between you and such individuals shall apply.
– As the account owner you are solely responsible for the activity that occurs through your account and the information shared. We urge you to keep your account password secure, to always log-off from the Services when leaving your device unattended, to only grant access to people whom you trust and to constantly monitor such use.
– MYCO will not be liable for any unauthorized use of your account, and you may be liable for the losses of MYCO or changes made by unauthorized use.
– We strongly recommend notifying us immediately of unauthorized use of your account or of any related security breach by writing to us at [email protected].
4.4 You acknowledge and agree that while MYCO may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set or changed by MYCO at any time, at MYCO’s sole discretion.
4.5 In the course of providing the Services, MYCO will contact you and arrange for you to provide to MYCO the following: your Samples, registration information about you (including your Identifying Information). On receipt of this material, MYCO will conduct molecular profiling analysis using your Samples and other information provided. MYCO will then generate a personalized Health Data report that is linked to your MYID. Your MYID links your Health Data to your Personal Information in an identifiable form for your use and for whomever else you choose to share your Health Data with. Subject to the remainder of this paragraph, MYCO will retain your Biomarker Information in identifiable form so that we can provide or offer further Services in the future. Should you decide you no longer want MYCO Services and provide us with written notification (including to our Privacy Officer) requesting to have your MYCO account closed, MYCO will close your MYCO account, delink your Health Data from your Registration Information and delete your Registration Information, thereby leaving only De-Identified Information with us, along with separately held records of our having provided you with Services as is customary when running a business but which will not be linked to your biomarker data. Notwithstanding the foregoing, MYCO may keep copies of your Health Data and Registration Information to the extent required: (i) by mandatory law or regulation by any competent judicial or government body and (ii) any standard IT storage processes whereby any such information that is neither returned nor destroyed will continue to be subject to this Agreement.
4.6 OWNERSHIP; PROPRIETARY RIGHTS. The Services, Content, Site or App are owned and operated by MYCO. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), videos, photographs, software, services, and all other elements of the Services, Content, Site or App (the “Materials”) provided by MYCO are protected by all relevant intellectual property and proprietary rights and applicable laws in the United States, Canada and in all other countries. All components of the Services, Content, Site or App are the property of MYCO or our third-party licensors. MYCO reserves all rights to the Services, Content, Site or App not granted expressly in these Terms.
4.7 PROHIBITED CONDUCT. By agreeing to these Terms you agree not to: (a) access the Services, Content, Site or App other than by the interfaces provided by MYCO; (b) use the Services, Content, Site or App for any illegal purpose, or in violation of any local, state, national, or international law; (c) interfere with or attempt to bypass any security-related features of the Services, Content, Site or App, including without limitation by disabling or circumventing features that prevent or limit use or copying of any Content; (d) copy, replicate, duplicate, decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, Content, Site or App, or modify, translate, or otherwise create derivative works of any part of the Services, Content, Site or App; (e) interfere with the operation or proper working of the Services, Content, Site or App or any user’s enjoyment of the Services, Content, Site or App, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Services, Content, Site or App; or (iii) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, Content, Site or App, or violating the regulations, policies, or procedures of such networks, equipment, or servers; (f) perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Services, Content, Site or App accounts of others without permission, or falsifying your age or date of birth; or (g) attempt to or assist or permit any persons in engaging or attempting to engage in any such prohibited conduct.
4.8 NOT MEDICAL ADVICE. MYCO AND THE MYCO SERVICES DO NOT CONTAIN, PRODUCE, OFFER, RECOMMEND, OR OTHERWISE MAKE AVAILABLE MEDICAL ADVICE OR PROVIDE MEDICAL CARE. THE CONTENT AVAILABLE THROUGH THE MYCO SERVICES, SITE OR APP ARE FOR INFORMATIONAL, EDUCATIONAL AND RESEARCH PURPOSES ONLY AND ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL OR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, OR TO SUBSTITUTE FOR YOUR OR YOUR HEALTH CARE PROVIDER’S PERSONAL OR PROFESSIONAL JUDGMENT.
NEVER DISREGARD, AVOID, OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER BECAUSE OF CONTENT YOU HAVE SEEN ON THE MYCO SITE OR APP. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL EMERGENCY SERVICES OR 911. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE MYCO SERVICES ARE NOT, AND SHOULD NOT BE USED AS, A SUBSTITUTE FOR THE ADVICE OF YOUR HEALTH CARE PROVIDER. SHOULD ANY MEDICAL ISSUE ARISE DURING YOUR USE OF THE SERVICES, CONTENT, SITE OR APP YOU AGREE TO CONTACT YOUR HEALTH CARE PROVIDER OR 911 IMMEDIATELY. YOU ASSUME FULL RISK FOR THE USE OF THE CONTENT YOU OBTAIN FROM OR THROUGH THE MYCO SERVICES, SITE OR APP. MYCO DOES NOT RECOMMEND OR ENDORSE ANY PROVIDER OF HEALTH CARE OR HEALTH CARE RELATED SERVICES.
To the extent medical advice is provided to you by your Health Care Provider using the MYCO Services, Content, Site or APP, such medical advice is based on the Health Care Provider’s professional judgment and your personal health data as provided by you to such Health Care Provider. The MYCO Services, Content, Site and App are not provided to be the sole source of information regarding your condition and shall not be used as the sole basis for or to drive diagnosis or treatment decisions.
4.9 As part of the Services, MYCO may include on the MYCO Site a list of Third-Party Practitioners from which you may, at your sole discretion, choose a Third-Party Practitioner to contact for the interpretation of your Biomarker Information. Third-Party Practitioners are independent third parties that do not work for MYCO and do not represent MYCO. Your selection of a Third-Party Practitioner is completely your own decision and your own risk. You may choose or not choose a Third-Party Practitioner independent of MYCO or of any Third-Party Practitioner listed by MYCO. You have no obligation to and are not encouraged or discouraged from selecting a Third Party Practitioner from the MYCO Site and MYCO takes no responsibility with respect to your interactions with any Third-Party Practitioner or any advice or recommendations that you receive from any Third-Party Practitioner. MYCO may charge a fee for allowing Third-Party Practitioners to be listed on MYCO’s list of Third-Party Practitioners. MYCO may also charge a fee for connecting you with a Third-Party Practitioner. If you choose a Third-Party Practitioner to review or interpret your Biomarker Information or offer advice or recommendations, then you hereby agree and consent, consistent with the MYCO Consent and Authorization, to our sharing of your Personal Information (including your Biomarker Information) with the Third-Party Practitioner that you selected. You acknowledge and agree that MYCO has no responsibility or liability for any advice, opinion, recommendation (including any action plan proposing or recommending certain actions or steps meant to modify certain aspects of your lifestyle), or any other information that you receive from Third-Party Practitioners.
4.10 We encourage you to discuss the Samples that you are required to give for purposes of testing, analysis and the generation of the Health Data with the Customer Coordinator to ensure that they do not pose a problem for you.
4.11 To the extent that MYCO process your Personal Information, we undertake to comply with our obligations under HIPAA, HITECH, implementing regulations and all applicable federal and state data protection and privacy laws. Personal Information will be kept, used and disclosed by us in accordance with our Privacy Policy. For further information about MYCO’s information management practices please see our Privacy Policy available on our MYCO Site (see https://molecularyou.com/legal.)
5. DISCLAIMERS; NO WARRANTIES. THE SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES, SITE AND APP ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. MYCO SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES, CONTENT, SITE AND APP INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. MYCO DOES NOT WARRANT THAT THE SERVICES, CONTENT, SITE AND APP OR ANY COMPONENT THEREOF, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. NO CONTENT OBTAINED BY YOU FROM THE SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE OR APP WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, CONTENT, SITE OR APP. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES CONTENT, SITE AND APP AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN CONTENT THROUGH THE SERVICES, CONTENT, SITE AND APP AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON OR PROPERTY THAT RESULTS FROM THE USE OF THE SERVICES OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
6. LIMITATION OF LIABILITY. IN NO EVENT WILL MYCO BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES, CONTENT, SITE OR APP WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MYCO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL MYCO BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES.
If your non-identifiable data are used for research purposes, then the limitation of liability and indemnity clauses contained within the End User License Agreement/Terms of Service Agreement are waived with respect to any harms suffered or liabilities incurred as a result of any research activities
7. NOTICE; PROCESS. A party who intends to seek resolution of a dispute with MYCO must first send a written notice of the dispute to the other, by certified mail or overnight delivery service (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”) to the address of record. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or MYCO may commence a legal proceeding.
8. NO CLASS ACTIONS. YOU AND MYCO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MYCO agree otherwise, the court may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
9. GOVERNING LAW. These Terms will be governed by the laws of the State of Washington and of the United States, or the Province of British Columbia, Canada, as applicable, without regard to conflict of law principles. You and MYCO agree to submit to the personal and exclusive jurisdiction of the State or Federal Courts in, of or for Clark County, State of Washington.
10. MODIFICATION OF THE TERMS. MYCO reserves the right to update or modify these Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Services, Content, Site or App, except as set forth below. Your use of the Services, Content, Site or App following any such change constitutes your agreement to be bound by the modified Terms. In the case of material changes to the Terms, MYCO will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, or other similar mechanism. Material changes to these Terms will be effective upon the earlier of: (i) your first use of the Services, Site or APP with actual notice of such change, or (ii) thirty (30) days from posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications. Without limiting the generality of the foregoing, no modification to the terms of our agreement to arbitrate disputes will be effective without your express consent, provided that if we propose a change to the terms of our agreement to arbitrate and you do not consent to the change, you must terminate your use of the Services, Content, Site, or APP.