Function means Function Health, Inc.; affiliates are broadly defined
Function is Function Health, Inc., a Delaware corporation. The parties are you and Function. Affiliates include executives, employees, officers, directors, agents, attorneys, representatives, partners, joint ventures, parents, subsidiaries, successors and assigns. These definitions identify actors; they do not themselves grant each affiliate a right.
Supporting quotations
a. "Affiliates" refer to an entity's executives, employees, officers, directors, agents, attorneys, representatives, partners, joint ventures, parents, subsidiaries, successors, and assigns, collectively. An "Affiliate" refers to any one of the foregoing.
d. "Function," "Function Health," the "Company," "us," "our," and "we," all refer to Function Health, Inc., a Delaware corporation.
g. "Party" means each of you and Function. Collectively, you and Function are the "Parties."
Legal Rights & Agreement Rules · Context
Claims and losses cover more than lawsuits and damages
Claims includes disputes, controversies, matters and causes of action. Losses includes liabilities, harms, debts, damages, awards, expenses, fees, costs, penalties and fines. These are defined categories whose operative effect depends on the provision using them.
Supporting quotations
b. "Claims" refer to claims, disputes, controversies, matters, and causes of action, collectively. A "Claim" refers to any one of the foregoing.
e. "Losses" refers to liabilities, harms, losses, debts, damages, awards, expenses, fees, costs, penalties and fines, collectively. A "Loss" refers to any one of the foregoing.
Legal Rights & Agreement Rules · Context
The defined user includes people or organizations you act for
“You” and “User” cover both you individually and any entity, individual or organization on whose behalf you act in connection with the services.
Supporting quotations
o. "You", "you," "your", "yourself," and "User" refers to you, as an individual, plus any entity, individual, and/or organization on whose behalf you are acting in connection with our Services (defined below).
Legal Rights & Agreement Rules · Restriction or exception
Function and AI Chat provide information, not medical care
As a condition of use, you must acknowledge that Function offers no medical advice, diagnosis, treatment or opinion; all its content, including AI Chat, is general information. It is not a substitute for qualified care. You agree to seek your own qualified professional’s advice and not delay care or ignore medical advice because of the services. The Terms direct users concerned about an emergency to call 911. Access alone does not create a provider or lab patient relationship: actual treatment and that provider’s acceptance are required. They also state that you selected the provider or lab, without a Function referral or recommendation.
Supporting quotations
Function Does Not Provide Any Medical Services.
In order to use our Services, you must acknowledge and agree to the following:
a. FUNCTION DOES NOT OFFER YOU MEDICAL ADVICE, A DIAGNOSIS, MEDICAL TREATMENT, OR ANY FORM OF A MEDICAL OPINION, THROUGH OUR SERVICES OR OTHERWISE. All material, information, data, and content that Function provides through our Services, including without limitation through AI Chat, is strictly for general information purposes.
b. OUR SERVICES, INCLUDING WITHOUT LIMITATION AI CHAT, ARE NOT A SUBSTITUTE FOR QUALIFIED MEDICAL CARE, QUALIFIED MEDICAL ADVICE, AND/OR A DETAILED DISCUSSION WITH YOUR OWN QUALIFIED HEALTHCARE PROFESSIONAL. Function strongly recommends that you seek the advice of your own qualified healthcare professional to assist you in making decisions regarding any diagnosis, treatment, course, and/or care—including without limitation in relation to any data and/or information we provide—and you agree to follow this recommendation. You covenant that you will not delay in seeking care or otherwise ignore the advice or direction of a qualified medical professional based on your use of our Services, including without limitation AI Chat. If you are concerned that you may be experiencing a medical emergency, please dial 9-1-1 immediately. You understand and agree that accessing Function Content, Services (including without limitation AI Chat), and Products does not create a patient relationship with any medical provider or laboratory. A patient relationship with a medical provider or laboratory is only established when you have actually been treated by a medical provider or laboratory and such provider or laboratory evidences acceptance of such relationship. In addition, you acknowledge and agree that you have selected each medical provider or laboratory and elected to receive services from the medical provider or laboratory and that no third-party, including Function, has referred, suggested or recommended the medical providers or laboratories to you.
Legal Rights & Agreement Rules · Procedure
Certain services require additional agreements shown before purchase or use
Function may require separate agreements or additional conditions for certain services or products. You can review required terms before proceeding. They are incorporated and prevail over these Terms only where they conflict. Separate agreements not supplied here are not analyzed.
Supporting quotations
e. Additional Terms & Conditions. You acknowledge that, in order to purchase and/or use certain Services and/or Products, Function may require you to enter into one or more separate agreements and/or accept additional terms and conditions, which are hereby incorporated by reference, in their entirety, into these Terms. To the extent that Function requires your consent to further terms and conditions, you will have opportunity to review such terms and conditions before proceeding to purchase and/or use such Services and/or Products. Insofar as there is any conflict between such terms and conditions and these Terms, the former will take precedence, but only with respect to such conflicting terms and/or conditions.
Not stated here
Function may require separate agreements or additional conditions for certain services or products. You can review required terms before proceeding. They are incorporated and prevail over these Terms only where they conflict. Separate agreements not supplied here are not analyzed.
Legal Rights & Agreement Rules · Restriction or exception
Apple has no support duty and a limited purchase-price warranty remedy
Apple has no duty to maintain or support its version of the app. If that software fails an applicable warranty, you may notify Apple for a refund of its purchase price, if any. To the maximum extent law permits, Apple has no further warranty obligation; nondisclaimable responsibility rests with Function.
Supporting quotations
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Function’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Legal Rights & Agreement Rules · Procedure
Function handles Apple-app claims; Apple can enforce applicable Terms
As between Apple and Function, Function handles claims about the app, including product liability, legal compliance, consumer protection and third-party intellectual-property infringement. Apple and its subsidiaries are third-party beneficiaries entitled to enforce these Terms for the Apple-enabled software.
Supporting quotations
Function and you acknowledge that Function, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Function and Apple, Function, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Function and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.
Legal Rights & Agreement Rules · Restriction or exception
Apple-app users make sanctions-related eligibility representations
For Apple-enabled software, you warrant that you are not in a country subject to a US embargo or designated by the US as terrorist-supporting and are not on a US prohibited or restricted-party list.
Supporting quotations
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Legal Rights & Agreement Rules · Procedure
Apple-app questions and claims go to Function
Questions, complaints and claims about Apple-enabled software go to Function Health, Inc., Attention: Legal Dept., 600 Congress Ave Fl 14, Austin TX 78701, or the email link in the provision. The stored text masks the email address, so this card does not infer it.
Supporting quotations
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Function as follows: (1) by mail: Function Health, Inc., Attention: Legal Dept., 600 Congress Ave Fl 14 Austin TX 78701; (2) by e-mail: [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#0e626b696f624e687b606d7a676160666b6f627a66206d6163).
Legal Rights & Agreement Rules · Restriction or exception
Google Play apps remain Function’s responsibility and follow Google’s terms
For an app from Google Play, the contract is with Function, which is solely responsible for the app; Google is the store provider with no obligation or liability under these Terms. Use must comply with Google Play’s then-current terms, and Google is a third-party beneficiary for that app. Google’s separate terms are not supplied here.
Supporting quotations
(ii) Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms are between you and Function only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Function, and not Google, is solely responsible for Function’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to Function’s Google-Sourced Software.
Not stated here
For an app from Google Play, the contract is with Function, which is solely responsible for the app; Google is the store provider with no obligation or liability under these Terms. Use must comply with Google Play’s then-current terms, and Google is a third-party beneficiary for that app. Google’s separate terms are not supplied here.
Legal Rights & Agreement Rules · Restriction or exception
Accrued remedies and obligations intended to survive can continue after termination
Termination does not impair either party’s remedies for breaches. Provisions expressly or inherently intended to survive do so until their purpose is fulfilled or moot, or indefinitely, including waivers, risk allocation, liability limits, indemnity, relevant promises and Function’s data and User Content rights. User Content excludes passwords, contact and Personal Information and legally protected medical information. The survival paragraph references “Subsection 5.d” and “Subsection 5.f.ii”; this card describes its express survival rule without assuming those inconsistent labels identify additional terms.
Supporting quotations
ii. Termination of your agreement to these Terms shall not prejudice or affect any right of action or remedy which has accrued or will thereafter accrue to either Party with respect to a breach of any representations, warranties, covenants, and/or other obligations hereunder. Each term and condition within these Terms that, either expressly or by implication and/or nature, is reasonably intended to survive the termination of this Agreement shall so survive—until its purpose is fulfilled or moot, or otherwise indefinitely—regardless of which Party terminates this Agreement; this includes, without limitation terms and conditions pertaining to (a) waiver, (b) assumption of risk, (c) limitation and/or exclusion of liability, (d) indemnification, (e) applicable representations, warranties and covenants, and (f) Function's rights and licenses with respect to your data, information and User Content. The Parties acknowledge and agree that, insofar as any of the Terms contain one or more provisions which are not applicable as to this Subsection 5.d the parties acknowledge and agree that the inapplicable provision(s) shall simply be severed from interpretation, and that the rest of the provisions shall survive as described in this Subsection 5.f.ii.
n. "User Content" refers to any text, photos, graphics, images, video, audio, multimedia, and other materials you create, modify, post, provide, upload, send, and/or share in connection with our Services. User Content specifically does not include any user passwords, contact information, Personal Information, or "protected health information" or "medical information" that is protected under the Health Insurance Portability and Accountability Act of 1996 or other applicable law—those items are subject to their own rules, as explained in our Privacy Policy—in public-facing text, photo(s), graphics, image(s) and/or other materials.
Legal Rights & Agreement Rules · Restriction or exception
AI Chat is not human, can hallucinate and is not medical advice
Function warns AI Chat is neither human interaction nor a substitute for professional advice, independent confirmation or judgment. It does not guarantee useful or accurate responses and warns of hallucinations. You represent that you are not seeking medical attention, care or advice through it.
Supporting quotations
YOU ACKNOWLEDGE AND AGREE THAT AI CHAT IS NOT A HUMAN. AI CHAT IS AN AI-BASED TOOL AND IS NOT A REPLACEMENT FOR HUMAN INTERACTION AND ADVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT FUNCTION DOES NOT GUARANTEE THAT ANY RESPONSES WILL BE HELPFUL OR ACCURATE. GENERATIVE AI TECHNOLOGY IS KNOWN TO HALLUCINATE OR OTHERWISE PROVIDE INCORRECT ANSWERS. YOU UNDERSTAND THIS IS A TOOL AND RESOURCE BUT IS INTENDED ONLY AS A SUPPLEMENT TO YOUR INDEPENDENT CONFIRMATION AND JUDGMENT AND CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER.
b. You represent to us that you are not using AI Chat for the purpose of seeking medical attention, care, or advice.
Legal Rights & Agreement Rules · Restriction or exception
AI responses come without accuracy, suitability or user-content privacy guarantees
Responses depend on your inputs and are provided as is and with all faults, without warranties including accuracy, completeness, truthfulness, timeliness or suitability. Function does not guarantee User Content security or privacy. You must perform your own research and use judgment; responses do not replace healthcare-provider guidance.
Supporting quotations
c. YOU ACKNOWLEDGE THAT THE RESPONSES ARE BASED ON YOUR INQUIRIES AND OTHER USER CONTENT YOU PROVIDE AI CHAT, AND THAT FUNCTION HAS NO CONTROL OVER ANY SUCH USER CONTENT. ACCORDINGLY, ALL RESPONSES ARE PROVIDED “AS IS” AND WITH “ALL FAULTS,” AND FUNCTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO ANY USER CONTENT OR RESPONSES, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, TRUTHFULNESS, TIMELINESS, OR SUITABILITY.
FUNCTION DOES NOT GUARANTEE THE SECURITY OR PRIVACY OF ANY USER CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE LIMITATIONS ASSOCIATED WITH GENERATIVE-AI TECHNOLOGY. AI CHAT MAY MAKE MISTAKES AND PROVIDE YOU WITH INCORRECT INFORMATION. IT IS IMPORTANT THAT YOU PERFORM YOUR OWN RESEARCH AND USE YOUR OWN JUDGEMENT WHEN EVALUATING ANY RESPONSES PROVIDED BY AI CHAT.
AI CHAT AND RESPONSES PROVIDED IN CONNECTION THEREWITH ARE NOT A SUBSTITUTE FOR YOUR OWN RESEARCH AND DILIGENCE AND GUIDANCE FROM YOUR HEALTHCARE PROVIDERS. THE RESPONSES ARE DEPENDENT UPON THE INFORMATION AND CONTENT YOU PROVIDE AS QUERIES TO AI CHAT.
Legal Rights & Agreement Rules · Restriction or exception
You bear verification duties and agree to AI-related waivers and indemnity
You are responsible for verifying responses, decisions and compliance with law. The AI provision requires releasing and waiving claims against Function and indemnifying it for claims related to AI Chat use or reliance. You must assess each response for accuracy and fitness; Function gives no assurance that use complies with current or future law. This records the specific AI clause, without treating it as a legal finding on enforceability.
Supporting quotations
YOU, AND NOT FUNCTION, SHALL BE RESPONSIBLE FOR VERIFYING THE ACCURACY OF ALL INFORMATION CONTAINED WITHIN THE RESPONSES, FOR MAKING DECISIONS, AND FOR COMPLYING WITH ALL LAWS AND APPLICABLE REGULATIONS, AND WILL RELEASE AND WAIVE ANY CLAIMS AGAINST FUNCTION, AND INDEMNIFY FUNCTION FOR ANY CLAIMS, RELATED TO YOUR USE OR RELIANCE ON AI CHAT AND ANY RESPONSES.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL REVIEW EACH RESPONSE AND ANY OTHER ASPECTS OF AI CHAT TO CONFIRM ACCURACY AND TO CONFIRM THAT SUCH MATERIALS ARE SUFFICIENT AND MEET YOUR NEEDS. AI CHAT IS INTENDED AS A RESPONSE GENERATION TOOL ONLY AND DOES NOT CONSTITUTE ANY WARRANTY OR GUARANTY THAT AI CHAT WILL PROVIDE ACCURATE, TAILORED, OR INFORMATIVE RESPONSES OR RESULTS. LAWS AND REGULATIONS GOVERNING USE OF GENERATIVE ARTIFICIAL INTELLIGENCE ARE RAPIDLY EVOLVING, AND FUNCTION DOES NOT GUARANTEE THAT YOUR USE OF AI CHAT, OR RESPONSES WILL COMPLY WITH APPLICABLE LAWS AND REGULATIONS OR THAT FUTURE LAWS AND REGULATIONS WILL NOT IMPACT YOUR USE THEREOF. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF AI CHAT, AND RESPONSES COMPLY WITH ALL APPLICABLE LAWS. YOU SHOULD EVALUATE THE FITNESS OF ANY RESPONSE AS APPROPRIATE FOR YOUR SPECIFIC USE CASE.
Legal Rights & Agreement Rules · Context
Accepting these Terms also accepts the incorporated Privacy Policy
The Terms again incorporate the linked Privacy Policy in full and say accepting these Terms accepts that policy. Its separate text is not supplied here, so this card does not describe the policy’s full data practices or protections.
Supporting quotations
a. Function's Privacy Policy can be found here. Once again, we urge you to carefully review our Privacy Policy, as it directly impacts how Function handles your Personal Information, among other types of data and information. You acknowledge and agree that Function's Privacy Policy is incorporated by reference into these Terms, in its entirety; by accepting our Terms, you agree to all terms and conditions in our Privacy Policy.
Not stated here
The Terms again incorporate the linked Privacy Policy in full and say accepting these Terms accepts that policy. Its separate text is not supplied here, so this card does not describe the policy’s full data practices or protections.
Legal Rights & Agreement Rules · Restriction or exception
Separate product terms prevail only for the relevant third-party offering
Purchasing or using third-party products binds you to applicable product terms, licenses, returns or subscription conditions. Function disclaims responsibility for their content, enforcement or performance. In a conflict, those terms control solely for the relevant third-party product or service. Separate product terms are not supplied here.
Supporting quotations
Certain products made available for purchase in connection with the Services 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 Function 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.
Not stated here
Purchasing or using third-party products binds you to applicable product terms, licenses, returns or subscription conditions. Function disclaims responsibility for their content, enforcement or performance. In a conflict, those terms control solely for the relevant third-party product or service. Separate product terms are not supplied here.
Legal Rights & Agreement Rules · Restriction or exception
Facilitating a provider does not guarantee its quality or endorse it
Function and affiliates disclaim warranties about third-party offerings, including quality, accuracy, safety, legality, cost and results, and about provider credentials or advice even if they perform vetting. They deny endorsement or referral and state that you chose your provider or lab independently. The separate third-party release applies only to the fullest extent allowed by law.
Supporting quotations
a. NEITHER FUNCTION 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.
b. NOTWITHSTANDING ANY INTERVIEWS, BACKGROUND CHECKS, OR OTHER VETTING PROCEDURES WE MAY OPT TO CONDUCT, NEITHER FUNCTION NOR OUR AFFILIATES MAKES ANY WARRANTY, REPRESENTATION, GUARANTEE, RECOMMENDATION, REFERRAL, OR OPINION REGARDING ANY THIRD-PARTY PROVIDER'S QUALIFICATIONS, CREDENTIALS, LICENSING, QUALITY OF WORK, CORRECTNESS OF OPINION, OR SOUNDNESS OR APPLICABILITY OF ADVICE. NEITHER FUNCTION NOR OUR AFFILIATES MAKES ANY ENDORSEMENT, WARRANTY, REPRESENTATION, GUARANTEE, RECOMMENDATION, REFERRAL, OR OPINION AS TO ANY SPECIFIC THIRD-PARTY PROVIDER OPINION, RECOMMENDATION, COURSE, TREATMENT, PLAN, ITEM OF ADVICE, OR OTHER OFFERING. YOU ACKNOWLEDGE THAT YOU HAVE SELECTED EACH MEDICAL PROVIDER OR LABORATORY ON YOUR OWN AND THAT NO THIRD PARTY, INCLUDING FUNCTION, HAS REFERRED, ARRANGED OR RECOMMENDED ANY MEDICAL PROVIDER OR LABORATORY TO YOU.
c. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FUNCTION OR 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 FUNCTION AND HOLD FUNCTION 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 PROVIDER; (ii) THE COMMUNICATION OF LAB RESULTS BY A THIRD-PARTY LABORATORY SERVICES PROVIDER; (iii) ANY ADVICE, OPINION, GUIDANCE, PLAN, COURSE OF TREATMENT, OR CARE OFFERED BY A THIRD-PARTY MEDICAL, HEALTHCARE, AND/OR WELLNESS PROVIDER; (iv) ANY THIRD-PARTY CONTENT YOU ENCOUNTER WHILE USING OUR SERVICES: (v) ANY THIRD-PARTY ADVERTISEMENT PUBLISHED AND/OR CIRCULATED IN CONNECTION WITH OUR SERVICES; AND/OR (vi) ANY THIRD-PARTY PRODUCTS AND/OR DEVICES OBTAINED AND/OR USED BY YOU IN CONNECTION WITH OUR SERVICES. WE ENCOURAGE YOU TO RESEARCH APPLICABLE DOCTORS, SERVICE PROVIDERS, AND MEDICAL PRODUCTS/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 PROVIDER. YOU ACKNOWLEDGE THAT OUR SERVICES ARE NOT INTENDED FOR EMERGENCY PURPOSES; IN THE EVENT OF A MEDICAL EMERGENCY, YOU AGREE TO IMMEDIATELY CALL YOUR DOCTOR, VISIT YOUR NEAREST HOSPITAL, OR DIAL 9-1-1.
Legal Rights & Agreement Rules · Restriction or exception
The Terms release Function from third-party offering claims to the extent law permits
To the fullest extent allowed by law, you release Function and affiliates and hold them harmless for third-party offerings, including sample handling, results transmission, medical advice, content, advertising and products. Function encourages researching providers and seeking another provider or opinion if uncomfortable. The service is not for emergencies; the clause directs immediate medical help or 911.
Supporting quotations
c. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FUNCTION OR 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 FUNCTION AND HOLD FUNCTION 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 PROVIDER; (ii) THE COMMUNICATION OF LAB RESULTS BY A THIRD-PARTY LABORATORY SERVICES PROVIDER; (iii) ANY ADVICE, OPINION, GUIDANCE, PLAN, COURSE OF TREATMENT, OR CARE OFFERED BY A THIRD-PARTY MEDICAL, HEALTHCARE, AND/OR WELLNESS PROVIDER; (iv) ANY THIRD-PARTY CONTENT YOU ENCOUNTER WHILE USING OUR SERVICES: (v) ANY THIRD-PARTY ADVERTISEMENT PUBLISHED AND/OR CIRCULATED IN CONNECTION WITH OUR SERVICES; AND/OR (vi) ANY THIRD-PARTY PRODUCTS AND/OR DEVICES OBTAINED AND/OR USED BY YOU IN CONNECTION WITH OUR SERVICES. WE ENCOURAGE YOU TO RESEARCH APPLICABLE DOCTORS, SERVICE PROVIDERS, AND MEDICAL PRODUCTS/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 PROVIDER. YOU ACKNOWLEDGE THAT OUR SERVICES ARE NOT INTENDED FOR EMERGENCY PURPOSES; IN THE EVENT OF A MEDICAL EMERGENCY, YOU AGREE TO IMMEDIATELY CALL YOUR DOCTOR, VISIT YOUR NEAREST HOSPITAL, OR DIAL 9-1-1.
Legal Rights & Agreement Rules · Restriction or exception
Linking or bundling a third party does not make Function responsible for it
Function disclaims promises, control, endorsement and responsibility for third-party acts or omissions even when it links, features, advertises or bundles an offering. The accompanying release is limited to the fullest extent permitted by law. It separately makes no representations about third-party intellectual-property titles, interests or licenses.
Supporting quotations
d. NEITHER FUNCTION 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 PROVIDER, FINANCIAL SERVICE PROVIDER, TECHNOLOGY SERVICES PROVIDER, CONTENT PROVIDER, ADVERTISER, OR MANUFACTURER OR DISTRIBUTER -- EVEN IF THOSE THIRD-PARTIES OFFER PRODUCTS, CONTENT, OR SERVICES THAT FUNCTION LINKS TO OR OTHERWISE FEATURES, ADVERTISES, AND/OR BUNDLES IN CONNECTION WITH OUR SERVICES. YOU ACKNOWLEDGE THAT NEITHER FUNCTION 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 PROVIDER — EVEN IF ACCESSED THROUGH OUR SERVICES — 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 FUNCTION AND OUR AFFILIATES HOLD FUNCTION 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.
e. YOU AGREE THAT NEITHER FUNCTION 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 OUR PRODUCTS AND/OR SERVICES, OR THE PRODUCTS AND SERVICES OF OUR THIRD-PARTY PROVIDERS.
Legal Rights & Agreement Rules · Restriction or exception
Third-party cancellations and failed services are covered by a release
Function disclaims control over third-party scheduling, cancellations, lateness, delays and incomplete or failed delivery. You agree to release Function and affiliates and hold them harmless for those matters to the fullest extent permitted by applicable law. This clause does not itself determine eligibility for a particular refund under the separate payment provisions.
Supporting quotations
g. YOU ACKNOWLEDGE AND AGREE THAT NEITHER FUNCTION 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 FUNCTION AND OUR AFFILIATES AND HOLD FUNCTION 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.
Legal Rights & Agreement Rules · Restriction or exception
Professional authorship does not turn supplied content into medical advice
Lab Results and supplied materials are not medical advice or a substitute, even when authored, edited or recommended by a licensed professional. To the fullest extent law permits, you release Function and affiliates for results timing, substance and related information or communications.
Supporting quotations
h. YOU ACKNOWLEDGE AND AGREE THAT NEITHER YOUR LAB 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 FUNCTION OR OUR AFFILIATES RESPONSIBLE OR LIABLE FOR THE TIMING OR SUBSTANCE OF YOUR LAB RESULTS, AND/OR ANY DOCUMENTS, COMMUNICATIONS, DATA, OR INFORMATION RELATING THERETO; TO THE FULLEST PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE FUNCTION AND OUR AFFILIATES AND TO HOLD FUNCTION AND OUR AFFILIATES HARMLESS FROM ANY MATTER ARISING OUT OF AND/OR RELATING TO ANY FH CONTENT, YOUR LAB RESULTS, AND/OR ANY DOCUMENTS, COMMUNICATIONS, DATA, OR INFORMATION RELATING TO YOUR LAB RESULTS.
Legal Rights & Agreement Rules · Restriction or exception
The Terms release claims about inappropriate third-party interactions
The Terms warn of hostile, offensive, unlawful, incompetent or harassing interactions with labs, telemedicine providers, users or others in connection with results and content. To the fullest extent permitted by law, you agree not to hold Function or affiliates responsible and release related claims.
Supporting quotations
i. 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 OUR SERVICES. 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 PROVIDERS, (ii) POSTING AND ENGAGING WITH USER CONTENT, AND (iii) RECEIVING, DISCUSSING, AND/OR COMMUNICATING REGARDING LAB RESULTS. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT HOLD FUNCTION 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 OUR SERVICES; TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE FUNCTION AND OUR AFFILIATES AND HOLD FUNCTION AND OUR AFFILIATES HARMLESS FROM ANY MATTER ARISING OUT OF AND/OR RELATING TO SUCH AN INTERACTION AND/OR INDIVIDUAL.
Legal Rights & Agreement Rules · Restriction or exception
You assume suitability decisions and must follow up with your primary provider
To the fullest extent allowed by law, you take responsibility for deciding whether services and third-party offerings are suitable and safe for your circumstances, what care to seek and which advice to follow, and release Function and affiliates for those choices. If another provider is not your primary provider, you are responsible for follow-up and a primary-provider examination concerning findings or lack of findings.
Supporting quotations
In Order to Use Our Services, Function Requires You to Make These Additional Representations and Warranties, and to Assume These Additional Obligations.
a. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME ALL RISK, LIABILITY, AND RESPONSIBILITY FOR DETERMINING THE EXTENT TO WHICH OUR SERVICES AND ANY THIRD-PARTY OFFERINGS AVAILABLE THROUGH OUR SERVICES ARE APPROPRIATE, VIABLE, AND SAFE FOR YOUR USE AND SUITABLE FOR YOUR PARTICULAR NEEDS AND SUFFICIENT FOR YOUR EXPECTATIONS. CERTAIN SERVICES OR PRODUCTS MAY NOT BE APPROPRIATE, VIABLE, SUITABLE, AND/OR SAFE FOR CERTAIN INDIVIDUALS. YOU AGREE THAT, BETWEEN YOU, ON THE ONE HAND, AND FUNCTION AND OUR AFFILIATES, ON THE OTHER HAND, YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR DETERMINING: WHETHER TO MAKE USE OF ANY PRODUCT OR SERVICE; WHETHER AND TO WHAT EXTENT TO SEEK MEDICAL CARE OR OTHER HEALTHCARE SERVICES IN CONNECTION WITH YOUR LAB RESULTS—AND IF SO, FROM WHOM, AT WHAT COST, FOR WHAT PURPOSES, AND TO WHAT EXTENT; AND WHETHER AND TO WHAT EXTENT TO FOLLOW A GIVEN OPINION, RECOMMENDATION, COURSE, TREATMENT, PLAN OR ITEM OF ADVICE. YOU AGREE THAT YOU SHALL RELEASE FUNCTION AND OUR AFFILIATES AND HOLD HARMLESS FUNCTION AND OUR AFFILIATES IN CONNECTION WITH ANY DECISION BY YOU CONCERNING: THE SELECTION, PURCHASE, AND/OR USAGE OF A PRODUCT, SERVICE, OR OTHER OFFERING; WHETHER AND TO WHAT EXTENT TO PURSUE MEDICAL CARE OR HEALTHCARE SERVICES; AND WHETHER AND TO WHAT EXTENT TO FOLLOW A GIVEN OPINION, RECOMMENDATION, COURSE, TREATMENT, PLAN OR ITEM OF ADVICE. You further acknowledge that if a medical provider is not your primary care provider, it is your sole responsibility to follow through with your primary care provider on any medical conditions or treatments suggested in your treatment by any medical provider, and to obtain a medical examination by your primary care provider related to the findings, or lack of findings, in your treatment with a medical provider.
Legal Rights & Agreement Rules · Restriction or exception
The Terms seek a broad release, including unknown-claim protections
To the maximum extent law allows, you release Function Parties from service-related claims including intellectual-property, privacy, publicity, defamation, injury, property damage and negligence claims. California residents waive Civil Code Section 1542; the Terms quote its protection for unknown or unsuspected claims materially affecting settlement. Other residents waive comparable protections. This is a contractual waiver description, not an independent determination of enforceability or of the law beyond the supplied quotation.
Supporting quotations
c. To the maximum extent allowable by applicable laws, you hereby release and hold harmless the Function Parties from and against any and all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, personal injury, property damage, negligence and/or any other legal theory arising from or in connection with the Services and/or the rights and privileges granted or conveyed by you under this Agreement. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.
CERTAIN JURISDICTIONS MAY LIMIT OR FORBID CERTAIN OF THE EXCLUSIONS, LIMITATIONS, WAIVERS AND/OR DISCLAIMERS APPEARING THROUGHOUT THIS AGREEMENT, INCLUDING WITHOUT LIMITATION AS LISTED IN THIS SECTION 15. ACCORDINGLY, IT IS POSSIBLE THAT THE FOLLOWING MAY NOT APPLY TO YOU IN ITS ENTIRETY. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, YOU HEREBY AGREE TO THE ALL OF THE FOLLOWING DISCLAIMERS AND WAIVERS, IN THEIR ENTIRETY:
Legal Rights & Agreement Rules · Restriction or exception
Third-party claims can require defense and indemnity, with a Function-conduct exception
To the fullest extent allowed by law, you indemnify, defend and hold harmless Function, affiliates, officers, employees, directors, service providers, licensors and agents for third-party claims and related losses arising from service or product use or connected acts and omissions. The exception covers acts or omissions resulting from Function’s sole negligence, recklessness, knowing intent or strict liability. Listed triggers include misuse, results-based decisions, supplied information, account-security failures and rights or Terms violations.
Supporting quotations
d. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD FUNCTION AND OUR AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, SERVICE PROVIDERS, LICENSORS, AND AGENTS (COLLECTIVELY, THE “FUNCTION 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 FUNCTION'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 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 AND/OR FH CONTENT; (iii) ANY THIRD-PARTY OPINION, RECOMMENDATION, COURSE OF TREATMENT, PLAN, AND/OR ITEM OF ADVICE THAT CONCERNS, ARISES OUT, RELATES TO, INCORPORATES, EMANATES FROM, AND/OR BEARS ON OF 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 FH CONTENT; (v) ANY INFORMATION AND/OR DATA YOU PROVIDE TO US AND/OR ONE OR MORE OF OUR AFFILIATES, LICENSORS, AND THIRD-PARTY SERVICES PROVIDER, 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; (viii) 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 THIS THESE TERMS. THIS PARAGRAPH APPLIES TO ALL MANNERS OF CLAIMS, WITHOUT EXCEPTION. YOU ACKNOWLEDGE AND AGREE THAT THE FUNCTION 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. FUNCTION WILL MAKE A GOOD-FAITH EFFORT TO NOTIFY IF WE LEARN OF ANY CIRCUMSTANCES THAT GIVE RISE TO THE INDEMNIFICATION OBLIGATIONS HEREIN SPECIFIED.
Legal Rights & Agreement Rules · Procedure
Function Parties control indemnified defenses at your expense
For claims subject to indemnification, Function Parties reserve exclusive control of defense, settlement and counsel selection at your cost. Function promises a good-faith effort to notify you when it learns of circumstances creating indemnity duties. The underlying obligation retains its law limitation and exception for Function’s specified conduct.
Supporting quotations
d. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD FUNCTION AND OUR AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, SERVICE PROVIDERS, LICENSORS, AND AGENTS (COLLECTIVELY, THE “FUNCTION 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 FUNCTION'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 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 AND/OR FH CONTENT; (iii) ANY THIRD-PARTY OPINION, RECOMMENDATION, COURSE OF TREATMENT, PLAN, AND/OR ITEM OF ADVICE THAT CONCERNS, ARISES OUT, RELATES TO, INCORPORATES, EMANATES FROM, AND/OR BEARS ON OF 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 FH CONTENT; (v) ANY INFORMATION AND/OR DATA YOU PROVIDE TO US AND/OR ONE OR MORE OF OUR AFFILIATES, LICENSORS, AND THIRD-PARTY SERVICES PROVIDER, 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; (viii) 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 THIS THESE TERMS. THIS PARAGRAPH APPLIES TO ALL MANNERS OF CLAIMS, WITHOUT EXCEPTION. YOU ACKNOWLEDGE AND AGREE THAT THE FUNCTION 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. FUNCTION WILL MAKE A GOOD-FAITH EFFORT TO NOTIFY IF WE LEARN OF ANY CIRCUMSTANCES THAT GIVE RISE TO THE INDEMNIFICATION OBLIGATIONS HEREIN SPECIFIED.
Legal Rights & Agreement Rules · Restriction or exception
Some jurisdictions limit or forbid the contractual waivers
The Terms acknowledge that some exclusions, liability limits, waivers and disclaimers may not fully apply because local law limits or forbids them. Acceptance of the disclaimer section is only to the maximum extent applicable law allows.
Supporting quotations
In Order to Use Our Services, You Accept the Following Waivers and Disclaimers.
CERTAIN JURISDICTIONS MAY LIMIT OR FORBID CERTAIN OF THE EXCLUSIONS, LIMITATIONS, WAIVERS AND/OR DISCLAIMERS APPEARING THROUGHOUT THIS AGREEMENT, INCLUDING WITHOUT LIMITATION AS LISTED IN THIS SECTION 15. ACCORDINGLY, IT IS POSSIBLE THAT THE FOLLOWING MAY NOT APPLY TO YOU IN ITS ENTIRETY. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, YOU HEREBY AGREE TO THE ALL OF THE FOLLOWING DISCLAIMERS AND WAIVERS, IN THEIR ENTIRETY:
Legal Rights & Agreement Rules · Restriction or exception
Services and products are provided as is, except express Terms warranties and legal limits
Function Parties disclaim warranties not expressly stated in these Terms and provide services and products as is, with all faults and as available. Disclaimed assurances include merchantability, fitness, title, noninfringement, security, uptime, accuracy, legal compliance and meeting expectations, including for results and third-party offerings. Express Terms warranties and applicable legal restrictions remain relevant; the clause does not erase those qualifications.
Supporting quotations
a. THE FUNCTION PARTIES DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO ANY SERVICES OR PRODUCTS, OR ANY ASPECT THEREOF THAT IS NOT EXPRESSLY STATED IN THESE TERMS. ALL SERVICES AND PRODUCTS AND ASPECTS AND FEATURES THEREOF ARE PROVIDED "AS IS,'' "WITH ALL FAULTS", AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, ACCURACY, AND VALUE). FUNCTION MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) ANY CONTENT PROVIDED THROUGH THE SERVICE IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. THIS PARAGRAPH APPLIES REGARDLESS OF WHETHER THE WARRANTY IN QUESTION IS EXPRESS OR IMPLIED, OR WHETHER THE WARRANTY ARISES IN THE COURSE OF PERFORMANCE, USAGE OF TRADE, DEALING, OR OTHERWISE. THIS PARAGRAPH APPLIES, WITHOUT LIMITATION, TO OUR LAB RESULTS, FH CONTENT, PERSONALIZED OFFERINGS, THIRD-PARTY OFFERINGS, AND ALL MATERIAL, DATA, INFORMATION, AND CONTENT RELATING THERETO.
CERTAIN JURISDICTIONS MAY LIMIT OR FORBID CERTAIN OF THE EXCLUSIONS, LIMITATIONS, WAIVERS AND/OR DISCLAIMERS APPEARING THROUGHOUT THIS AGREEMENT, INCLUDING WITHOUT LIMITATION AS LISTED IN THIS SECTION 15. ACCORDINGLY, IT IS POSSIBLE THAT THE FOLLOWING MAY NOT APPLY TO YOU IN ITS ENTIRETY. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, YOU HEREBY AGREE TO THE ALL OF THE FOLLOWING DISCLAIMERS AND WAIVERS, IN THEIR ENTIRETY:
Legal Rights & Agreement Rules · Restriction or exception
Function disclaims obligations concerning forward-looking statements
The Terms disclaim duties, debts, obligations and liabilities concerning forward-looking statements, subject to the section’s applicable-law limits. This does not make aspirations or predictions guaranteed outcomes.
Supporting quotations
b. WITH RESPECT TO ANY "FORWARD-LOOKING STATEMENTS," FUNCTION DISCLAIMS ALL DUTIES, DEBTS, OBLIGATIONS, AND LIABILITIES.
CERTAIN JURISDICTIONS MAY LIMIT OR FORBID CERTAIN OF THE EXCLUSIONS, LIMITATIONS, WAIVERS AND/OR DISCLAIMERS APPEARING THROUGHOUT THIS AGREEMENT, INCLUDING WITHOUT LIMITATION AS LISTED IN THIS SECTION 15. ACCORDINGLY, IT IS POSSIBLE THAT THE FOLLOWING MAY NOT APPLY TO YOU IN ITS ENTIRETY. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, YOU HEREBY AGREE TO THE ALL OF THE FOLLOWING DISCLAIMERS AND WAIVERS, IN THEIR ENTIRETY:
Legal Rights & Agreement Rules · Context
Medical providers and laboratories remain responsible for their care
Even where healthcare professionals supply content or lab-related services, Function and affiliates disclaim providing medical advice, diagnosis, treatment or care. Function says it does not interfere with medicine or laboratory work and that the providers and labs are solely responsible for their respective treatment and services.
Supporting quotations
c. THOUGH CERTAIN ASPECTS OF THE FH CONTENT, LAB RESULTS, AND OTHER THIRD-PARTY MATERIALS AND SERVICES FACILITATED THROUGH FUNCTION MAY BE PROVIDED BY HEALTHCARE PROFESSIONALS, NEITHER FUNCTION NOR OUR AFFILIATES OFFERS YOU MEDICAL ADVICE, OPINION, GUIDANCE, DIAGNOSIS, TREATMENT, OR CARE, OR ANY OTHER MEDICAL SERVICES, IN THE COURSE OF PROVIDING SERVICES OR OTHERWISE. FUNCTION DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE BY MEDICAL PROVIDERS OR THE PROVISION OF LABORATORY SERVICES BY LABORATORIES, EACH OF WHOM IS SOLELY RESPONSIBLE FOR THE MEDICAL CARE, LABORATORY SERVICES AND TREATMENT PROVIDED TO YOU.
Legal Rights & Agreement Rules · Restriction or exception
Function disclaims result quality and availability assurances
Subject to applicable-law limits, Function disclaims assurances about service effectiveness, accuracy, safety, timing, suitability, results and content quality. It seeks to exclude losses from reliance on errors and from inability to access data, including deletion, technical failure, unauthorized access or other disruptions. Access speed and visibility can depend on location, connection, device, bandwidth and traffic. These disclaimers do not override the specific security misconduct exception.
Supporting quotations
d. NEITHER FUNCTION NOR OUR AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY, QUALITY, EFFICACY, ACCURACY, RELIABILITY, UP-TO-DATENESS, USEFULNESS, TIMELINESS, SAFETY, OR RESULTS OF ANY OF OUR SERVICES -- EITHER GENERALLY, OR WITH RESPECT TO ANY PERSON'S OR ENTITY'S SPECIFIC, INDIVIDUAL NEEDS. THIS PARAGRAPH EMBRACES, WITHOUT LIMITATION, A LACK OF WARRANTY AND REPRESENTATION REGARDING ANY LAB RESULTS AND ANY FH CONTENT. YOU AGREE THAT NEITHER FUNCTION NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY LOSSES ARISING OUT OF AND/OR RELATING TO YOUR RELIANCE ON ANY LAB RESULTS, FH CONTENT AND/OR ANY OTHER DATA AND/OR INFORMATION ARISING OUT OF AND/OR RELATING TO OUR SERVICES THAT CONTAINS AN OMISSION, MISTAKE, ERROR. YOU AGREE THAT NEITHER FUNCTION NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY LOSSES ARISING OUT OF AND/OR RELATING TO YOUR INABILITY TO ACCESS DATA OR INFORMATION OBTAINED IN CONNECTION WITH OUR SERVICES AND/OR ANY OF OUR THIRD-PARTY PROVIDERS' SERVICES -- INCLUDING WITHOUT LIMITATION AS RESULT OF DELETION, FAILURE IN TRANSMISSION, INTERRUPTION, DELAY, DEFECT, UNAUTHORIZED ACCESS, THEFT, VIRUS, OPERATIONAL FAILURE, COMMUNICATIONS FAILURE, DESTRUCTION, AND/OR AN ACT OF GOD.
e. NEITHER FUNCTION NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT THE FH CONTENT OR ANY LAB RESULTS WILL BE COMPLETE, ACCURATE, USEFUL, PRECISE, UP-TO-DATE, AVAILABLE, RELIABLE, OR OF A CERTAIN STANDARD OR QUALITY. YOU ACKNOWLEDGE THAT, WITH RESPECT TO OUR SERVICES, YOUR ACCESSIBILITY, VISIBILITY, AND SPEED OF USE MAY BE IMPACTED BY SUCH FACTORS AS LOCATION, CONNECTION, DEVICE TYPE, BANDWIDTH, AND CONCURRENT TRAFFIC. YOU AGREE THAT FUNCTION SHALL NOT BE LIABLE FOR THE UNAVAILABILITY OF OUR SERVICES OR ANY ASPECT THEREOF.
CERTAIN JURISDICTIONS MAY LIMIT OR FORBID CERTAIN OF THE EXCLUSIONS, LIMITATIONS, WAIVERS AND/OR DISCLAIMERS APPEARING THROUGHOUT THIS AGREEMENT, INCLUDING WITHOUT LIMITATION AS LISTED IN THIS SECTION 15. ACCORDINGLY, IT IS POSSIBLE THAT THE FOLLOWING MAY NOT APPLY TO YOU IN ITS ENTIRETY. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, YOU HEREBY AGREE TO THE ALL OF THE FOLLOWING DISCLAIMERS AND WAIVERS, IN THEIR ENTIRETY:
f. FUNCTION USES CERTAIN SAFEGUARDS TO REASONABLY PROTECT THE SECURITY AND INTEGRITY OF YOUR PERSONAL INFORMATION. NONETHELESS, YOU ACKNOWLEDGE AND ACCEPT THAT -- EVEN WITH THE MOST ROBUST SECURITY POLICIES AND PRACTICES -- FUNCTION CANNOT GUARANTEE OR PROMISE THAT (i) SUCH INFORMATION OR ANY OTHER INFORMATION, DATA, CONTENT, MATERIAL, OR TECHNOLOGY, WILL BE 100% SAFE FROM UNAUTHORIZED ACCESS AND/OR USE; (ii) OUR TECHNOLOGIES, CONTENT, AND MATERIALS WILL REMAIN FREE OF HARMFUL OR DESTRUCTIVE COMPONENTS LIKE MALWARE, TROJAN HORSES, WORMS, AND VIRUSES; (iii) OUR SERVICES WILL NOT BE IMPACTED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK; OR (iv) OUR COLLECTION, RECEIPT, STORAGE, AND TRANSMISSION OF SUCH INFORMATION OR ANY OTHER INFORMATION, DATA, CONTENT, MATERIAL, OR TECHNOLOGY WILL REMAIN UNINTERRUPTED OR COMPLETELY SECURE. FUNCTION AND OUR AFFIIATES ACCORDINGLY DISCLAIM ALL LIABILITY ARISING OUT OF AND/OR RELATING TO THE SECURITY, INTEGRITY, AND/OR UNAUTHORZED ACCESS OR USE OF YOUR DATA AND INFORMATION (INCLUDING WITHOUT LIMITATION YOUR PERSONAL INFORMATION), EXCEPT TO THE EXTENT IT RESULTS FROM THE RECKLESSNESS AND/OR INTENTIONAL MISCONDUCT OF FUNCTION AND/OR ONE OR MORE OF OUR AFFILIATES; THE TERMS IN THIS PARAGRAPH EMBRACE, WITHOUT LIMITATION ANY LOSSES, ARISING OUT OF AND/OR RELATING TO ANY VIRUS, MALWARE, DISTRIBUTED DENIAL OF SERVICE ATTACK OR OTHER HARMFUL CODE OR MATERIALS THAT MAY IMPACT YOUR DATA, INFORMATION, DEVICE, COMPUTER, PERSONAL INFORMATION, OR OTHER PROPERTY (INTELLECTUAL OR OTHERWISE) AND ARISE OUT OF AND/OR RELATE TO YOUR USE OF OUR SERVICES, AS WELL AS ANY UNAUTHORIZED GRANT OF ACCESS TO YOUR ACCOUNT AND/OR INFORMATION ON THE BASIS OF FALSE PRETENSES, STOLEN AND/OR MISAPPROPRIATED LOGIN/PASSWORD INFORMATION, SOCIAL ENGINEERING, OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE THAT YOUR TRANSMISSION OF DATA AND INFORMATION IN CONNECTION WITH OUR SERVICES IS AT YOUR OWN RISK.
Legal Rights & Agreement Rules · Procedure
Texas law governs unless federal law preempts or conflicts
Service, product, transaction, third-party offering and Terms disputes involving Function Parties are governed by Texas law without its conflict-of-law rules, except where preempted by or inconsistent with federal law. This is the contract’s choice-of-law clause, not a determination of every mandatory law that may apply.
Supporting quotations
Choice of Law and Jurisdiction.
a. Choice of Law. Any Claim arising out of or relating to a Function Party, our Services, our Products, a transaction in connection with one or more Products and/or Services, one or more of third-party Offerings arising out of and/or relating to our Services and/or Products, and/or the Terms will be construed and governed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles, except to the extent that Texas law is preempted by or inconsistent with federal law.
Legal Rights & Agreement Rules · Procedure
Court disputes go to Texas, except arbitration and eligible small claims
Disputes not arbitrated or brought in small claims under the dispute provision must be litigated in Texas state or federal courts. Both parties waive objections based on personal jurisdiction, venue and forum inconvenience. The arbitration and small-claims exceptions are part of this rule.
Supporting quotations
b. Venue and Jurisdiction. Except to the extent that a dispute is arbitrated or brought in small claims court pursuant to Section 17 below, the parties agree that all disputes must be litigated in the state or federal courts the State of Texas. You and Function each waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens.
Legal Rights & Agreement Rules · Procedure
Good-faith informal resolution precedes arbitration and small claims
If customer support does not resolve the dispute, both sides agree to good-faith informal efforts before arbitration or small claims. Either can request a telephone conference; a represented user must personally participate even if counsel attends. The informal process lasts 45 days and is a mandatory arbitration precondition. Conferences are individual unless all parties agree otherwise, and limitation periods and filing deadlines are paused during the process.
Supporting quotations
d. Informal Dispute Resolution. Function is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing Function’s customer support at [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#7f171a1313103f190a111c0b161011171a1e130b17511c1012). If such efforts prove unsuccessful, you and Function agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and Function agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate.
The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. During this period, either party has the option to ask the other to participate in an Information Dispute Resolution Conference as part of a good faith effort to resolve the Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference may be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.
The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.
Legal Rights & Agreement Rules · Procedure
A written dispute notice must identify you, counsel and the dispute
Start informal resolution by email to the linked legal contact or mail to Function Health, Inc., Attention: Legal Dept., 600 Congress Ave Fl 14, Austin, TX 78701. Include your name, phone, mailing and account email addresses, counsel’s corresponding contact details if any, and a dispute description. Function sends notices to addresses on file; you must keep them current. The saved email is masked.
Supporting quotations
To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”). Such Notice to Function should be sent by email to [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#167a7371777a5670637875627f79787e73777a627e3875797b) or by regular mail to Function Health, Inc., Attention: Legal Dept., 600 Congress Ave Fl 14 Austin, TX 78701 (“Notice Address”). The Notice must include: (1) your name, telephone number, mailing address, and e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of the Dispute. Function will send Notice, including a description of the Dispute, to your email address or regular address on file. It is your responsibility to ensure your email and regular address are correct and remain up to date.
Legal Rights & Agreement Rules · Procedure
Federal arbitration law and NAM rules govern the process
The Terms specify the Federal Arbitration Act for interpreting and enforcing arbitration, including batch procedures. If informal resolution fails within 45 days after receipt of notice, either party may seek arbitration administered by National Arbitration & Mediation under its then-current comprehensive rules and applicable mass-filing rules, as modified here. The linked NAM rules are not supplied here; this card cannot describe their additional procedures or fee schedule.
Supporting quotations
e. Rules and Forum. The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, you and Function agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the National Arbitration & Mediation ("NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Comprehensive Rules”) in effect at the time of arbitration , except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”; together with the NAM Comprehensive Rules, the “NAM Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at <https://www.namadr.com/resources/rules-fees-forms/>.
Not stated here
The Terms specify the Federal Arbitration Act for interpreting and enforcing arbitration, including batch procedures. If informal resolution fails within 45 days after receipt of notice, either party may seek arbitration administered by National Arbitration & Mediation under its then-current comprehensive rules and applicable mass-filing rules, as modified here. The linked NAM rules are not supplied here; this card cannot describe their additional procedures or fee schedule.
Legal Rights & Agreement Rules · Procedure
An arbitration demand needs claims, relief, amounts and required certifications
A demand must give the party’s contact and account email details, factual and legal claims, sought relief and a good-faith dollar calculation, certification of completed informal resolution and agreement to pay required filing fees. Send it to the linked legal email or the stated Austin legal-department address. Represented parties must include counsel’s contacts and signature certifying proper purpose, legally supported or nonfrivolous positions and evidentiary support or expected support after reasonable investigation.
Supporting quotations
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Demand”). The Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration, as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to Function should be sent by email to [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#80ece5e7e1ecc0e6f5eee3f4e9efeee8e5e1ecf4e8aee3efed) or regular mail to our offices located at Function Health, Inc., Attention: Legal Dept., 600 Congress Ave Fl 14 Austin TX 78701. Function will provide the Demand to your email/regular address on file.
If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”).
Legal Rights & Agreement Rules · Procedure
Counsel must certify the demand’s purpose and evidentiary basis
Counsel signing an arbitration demand must certify, after reasonable inquiry, that it is not for harassment, delay or needless cost, that legal positions are supported or nonfrivolous and that facts and damages have support or identified expected support after investigation. The Terms invoke Rule 11(b) standards; this card describes the supplied certification, not all external rule provisions.
Supporting quotations
If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”).
Legal Rights & Agreement Rules · User right or choice
You may choose your home county, except agreed or batch procedures
Unless the parties agree otherwise or batch arbitration applies, hearings occur in Austin or, at your election, your county of residence. The arbitrator may permit limited reasonable information exchange under NAM rules. If NAM is unavailable, the parties select another forum. Batch hearings instead use a location set by the arbitrator.
Supporting quotations
Unless you and Function otherwise agree, or the Batch Arbitration process discussed below is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in Austin, TX, or, at your election, the county where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”). However, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Function will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
i. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Function agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Function by or with the assistance of the same law firm, group of law firms, or organizations (“Claimants’ Counsel”), within a reasonably proximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration materials must remain confidential
Both parties must keep exchanged arbitration documents and materials confidential. They may share them only with their attorneys, accountants or business advisers who also agree to confidentiality.
Supporting quotations
You and Function agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
Legal Rights & Agreement Rules · Procedure
A retired judge or Texas lawyer serves, with NAM fallback appointment
Parties select a retired judge or Texas-licensed lawyer from NAM’s consumer roster. If they do not agree within 35 days after the demand is delivered, NAM appoints under its rules. For batches, NAM appoints without soliciting input, subject to the user’s right to object. NAM’s separate rules are not supplied here.
Supporting quotations
f. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Texas and will be selected by the parties from NAM's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment.
Not stated here
Parties select a retired judge or Texas-licensed lawyer from NAM’s consumer roster. If they do not agree within 35 days after the demand is delivered, NAM appoints under its rules. For batches, NAM appoints without soliciting input, subject to the user’s right to object. NAM’s separate rules are not supplied here.
Legal Rights & Agreement Rules · Procedure
Arbitrators decide most threshold issues; courts decide class-waiver issues
The arbitrator generally decides disputes about arbitration’s scope, validity and enforceability and may dispose of all or part of a dispute. A competent court instead decides all issues about the class/nonindividual-relief waiver. Awards must be written with essential findings, conclusions and damages calculation, are final and binding, and may be entered as court judgments.
Supporting quotations
g. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
Legal Rights & Agreement Rules · Procedure
Twenty-five similar coordinated demands trigger batch arbitration
At least 25 substantially similar demands assisted by the same firms or organizations in a reasonably proximate period, for example 90 days, trigger NAM batching. Batches contain 100 demands, or all 25–99 demands, plus a final remainder batch. Each has one arbitrator, fee set, calendar, hearing if any and award specifying individual relief; batches run concurrently where possible. Similarity requires the same event or facts, similar legal issues and similar relief. This is not general permission for class or representative arbitration.
Supporting quotations
i. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Function agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Function by or with the assistance of the same law firm, group of law firms, or organizations (“Claimants’ Counsel”), within a reasonably proximate period of time, for example, a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible.
All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the “Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Function.
This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.
Legal Rights & Agreement Rules · Procedure
Function pays the arbitrator deciding batch-applicability disputes
Disagreements about batching go to a NAM procedural or emergency arbitrator who may set prompt resolution procedures; Function pays that arbitrator’s fees. Both sides must cooperate in efficient batching, including single batch fees, possible discovery special masters and expedited calendars. NAM’s separate procedural rules are not supplied here.
Supporting quotations
All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the “Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Function.
You and Function agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
Not stated here
Disagreements about batching go to a NAM procedural or emergency arbitrator who may set prompt resolution procedures; Function pays that arbitrator’s fees. Both sides must cooperate in efficient batching, including single batch fees, possible discovery special masters and expedited calendars. NAM’s separate procedural rules are not supplied here.
Legal Rights & Agreement Rules · User right or choice
Opt out personally in writing within 30 days of first becoming subject
Send an unequivocal opt-out with your name, address and account email, if any, within 30 days after first becoming subject to this arbitration agreement. Send it yourself individually to Function Health, Inc., Attention: Legal Dept., 600 Congress Ave Fl 14, Austin TX 78701, or the linked legal email, masked in the saved text. Third-party notices do not count. Other Terms remain, and opting out does not undo a prior arbitration agreement you accepted without timely opting out or affect future agreements. Valid prior opt-outs remain honored.
Supporting quotations
j. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Function Health, Inc., Attention: Legal Dept., 600 Congress Ave Fl 14 Austin TX 78701 or [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#deb2bbb9bfb29eb8abb0bdaab7b1b0b6bbbfb2aab6f0bdb1b3), within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any opt-out notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or Function’s rights. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.
l. Future Changes to Arbitration Agreement. You and we agree that Function retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted at https://www.functionhealth.com/terms-of-service and you should check for updates regularly. We agree that if Function makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the Site and/or Service, including the acceptance of products and services offered on the Site or Mobile App, following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of these Terms with an arbitration agreement and you did not validity opt out of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. Function will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
Legal Rights & Agreement Rules · Restriction or exception
Invalid batch arbitration voids the whole arbitration agreement
Ordinarily invalid arbitration provisions are severed, subject to the special class-waiver rule. If the Batch Arbitration subsection is invalid or unenforceable, the entire arbitration agreement is void and disputes go to Austin state or federal courts. The class-waiver rule separately allows only an affected claim or relief request to be severed following a final unappealable invalidity decision.
Supporting quotations
k. Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief” above, if any part or parts of this Arbitration Agreement (other than the subsection entitled “Batch Arbitration”) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if subsection entitled “Batch Arbitration” of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Austin, TX. You further agree that any Dispute that you have with Function as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
c. Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection below entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Function agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in Austin, TX. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Function from participating in a class-wide or mass settlement of claims.
Court limitation periods also apply to arbitration
Disputes must begin within their applicable limitation periods or are time-barred. The Terms apply the same limitation periods as a competent court would, while expressly pausing limitation and filing deadlines during informal dispute resolution.
Supporting quotations
k. Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief” above, if any part or parts of this Arbitration Agreement (other than the subsection entitled “Batch Arbitration”) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if subsection entitled “Batch Arbitration” of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Austin, TX. You further agree that any Dispute that you have with Function as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.
Legal Rights & Agreement Rules · Procedure
Material arbitration changes require notice but do not reopen an old opt-out window
Function may modify arbitration terms, post changes and notify users of material changes. Continued use after posting signifies acceptance. If you previously accepted arbitration without validly opting out, changes do not create a new chance to escape that earlier agreement; Function will honor valid prior opt-outs.
Supporting quotations
l. Future Changes to Arbitration Agreement. You and we agree that Function retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted at https://www.functionhealth.com/terms-of-service and you should check for updates regularly. We agree that if Function makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the Site and/or Service, including the acceptance of products and services offered on the Site or Mobile App, following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of these Terms with an arbitration agreement and you did not validity opt out of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. Function will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
Legal Rights & Agreement Rules · Restriction or exception
Function may transfer the agreement more freely than users
Without Function’s express written permission, users cannot assign, delegate, sell or transfer rights or duties; prohibited attempts are void and permitted transfers do not relieve obligations. Function may freely transfer rights, duties and related assets, including through corporate transactions. The Terms bind and benefit the specified successors and permitted representatives.
Supporting quotations
a. Except as expressly permitted otherwise in writing by Function, you may not assign, delegate, sell, or transfer any of your rights or obligations under these Terms. Any purported assignment or delegation in violation of this Section 18.a is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. Notwithstanding anything herein contrary, Function may freely assign, delegate, sell, and/or transfer our rights and obligations under these Terms—and any assets relating to, arising out of, and/or concerning these Terms—including without limitation circumstances of sale, merger, acquisition, reincorporation, consolidation, reorganization, or other change of control. These Terms will be binding on the Parties' heirs, permitted assigns, administrators, and other legal represents, and shall inure to the benefit of the Parties and any of its successors and/or assigns.
Legal Rights & Agreement Rules · Restriction or exception
Function disclaims default and liability for events beyond reasonable control
Function is not responsible or in breach for performance failure or delay caused by events beyond its reasonable control, including weather, carrier or utility disruption, strikes, border delays, public-health crises, war, terrorism and government actions. The limitation is tied to the cause being beyond reasonable control.
Supporting quotations
b. You acknowledge and agree that Function shall not hold any liability or responsibility for any Losses—or be deemed to have defaulted or breached these Terms—for any failure or delay in fulfilling or performing any term of these Terms that results from factors beyond the scope of our reasonable control. This includes without limitation, acts of God, weather, the slowdown or shutdown of carriers, transportation, and/or utilities, strikes and protests, border delays, health crises and/or pandemic illnesses, closures and/or lockdowns, acts of warfare and/or terrorism, and actions taken by government agencies.
Legal Rights & Agreement Rules · Restriction or exception
Invalid provisions are generally narrowed and severed, with special arbitration rules
General unenforceability is construed narrowly where law permits, leaving the remainder effective and not automatically invalidating the same provision elsewhere. The specific arbitration rule is different: invalid batch arbitration voids the whole arbitration agreement, while class-waiver invalidity has its own claim-specific severance procedure.
Supporting quotations
c. If any of the Terms herein—or any portion(s) of any terms or conditions —are held unenforceable, the impact of that unenforceability (i.e. limitation or exclusion of terms) will be construed as narrowly as possible to the extent permitted by applicable law and it does not invalidate or render unenforceable such term or provision in any other jurisdiction; moreover, the remainder of these Terms—and all other portions thereof—shall nevertheless remain in full force and effect to the extent legally permissible.
k. Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief” above, if any part or parts of this Arbitration Agreement (other than the subsection entitled “Batch Arbitration”) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if subsection entitled “Batch Arbitration” of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Austin, TX. You further agree that any Dispute that you have with Function as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
Legal Rights & Agreement Rules · Restriction or exception
English controls translations; headings are convenience labels
Translations of Terms, results and FH Content are provided for convenience; discrepancies or disputes are resolved in favor of English. Section headings have no independent binding or representative effect.
Supporting quotations
d. Any translation of these Terms, your Lab Results, and/or the FH Content is merely provided as a convenience. Any discrepancy or dispute involving a translated version of these Terms, your Lab Results, and/or the FH Content and the English version thereof shall be resolved in favor of the English version. Our headings and section titles in these Terms are provided strictly for your convenience; they have no binding or representative effect on either Party.
Legal Rights & Agreement Rules · Procedure
Waivers require signed writing; modification clauses must be read together
Waivers must be written, identified as waivers and signed by the waiving party’s authorized representative. Failure to demand compliance is not a waiver. This clause says amendments require writing and both parties’ consent; elsewhere the Terms authorize posted updates and treat continued use as acceptance, with material-change notice. The text contains both mechanisms and does not require every update to bear a handwritten user signature.
Supporting quotations
e. No waiver under these Terms is effective unless it is in writing, identified as a waiver to these Terms, and signed by an authorized representative of the Party waiving its right(s). The Parties agree that any failure by either Party to require the other's strict adherence to any term or condition herein shall, in no manner, be construed as a waiver of any right(s) by that Party, nor shall such a failure be construed to remove or dilute the effect of any term, condition, or requirement stated in these Terms. These Terms may not be amended or modified unless specified in writing and bearing the consent of both Parties.
These Terms of Service (the “Terms”) contain essential terms and conditions regarding your use of our Services and Products, including any materials, data, information, and content available therethrough. PLEASE REVIEW THE TERMS VERY CAREFULLY BEFORE USING OUR SERVICES. We encourage you to contact us at [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#3f575a5353507f594a515c4b565051575a5e534b57115c5052) with any questions or concerns before proceeding any further with our Services or Products. We reserve the right to change or modify portions of these Terms at any time, with or without advance notice. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last updated. We will also notify you, either through the Services user interface, in an email notification, or through other reasonable means, if material changes were made. Unless otherwise stated in such update, any such changes will become effective immediately. You should periodically visit this page to review the current Terms, so you are aware of any changes. We may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to these or any future Terms, you agree that your sole remedy is to not, (and you agree you will not) access, browse, or use the Services (or continue to do so). Your continued use of the Services after the date any such changes to the Terms become effective constitutes your acceptance of such changes and consent to the then-applicable Terms.
Cross-references
contrast (model-proposed): Terms can change, generally with immediate effect — contrast: The general written bilateral-consent clause coexists with posted updates and acceptance by continued use; material-change notice is retained.
Legal Rights & Agreement Rules · Context
The Terms prescribe intent-based reading and no authorship presumption
Clear spelling, grammar or syntax errors are to be read for the parties’ intent. “Including” is nonexhaustive unless stated otherwise, and singular/plural service wording does not defeat applicability. The Terms direct joint-drafting treatment, without an authorship-based presumption or strict construction against either party. This clause does not itself resolve any particular ambiguous reference.
Supporting quotations
f. Insofar as these Terms include any errors or ambiguities related to spelling, grammar, or syntax—or any other clear errors or ambiguities—these errors and ambiguities shall be construed to reflect the intent of the Parties. This includes, without limitation: (a) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word "and" vs. "or" vs. "and/or"; and (b) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word "including" -- which shall mean "including without limitation," rather than as point of exclusion, unless otherwise noted; (c) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word "Service" vs. "Services" vs. "Service(s)" —which shall not render any language inapplicable by virtue of the fact that it does or does not refer to more than one (1) Service. The Parties agree that the Terms shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favoring or burdening any of the Parties by virtue of the authorship of any term or condition herein appearing; the language used herein will be deemed to be the language chosen by the Parties hereto to express their mutual intent, and no rule of strict construction will be applied against any Party.
Legal Rights & Agreement Rules · Procedure
General notices require written physical delivery, with express email routes elsewhere
The general notice clause requires writing to Function’s website-listed address by personal delivery, prepaid overnight courier or certified/registered mail with return receipt. Specific arbitration notices and opt-outs expressly allow email as well as mail; those routes should not be erased by the general delivery language. The saved email addresses are masked.
Supporting quotations
g. All notices, requests, consents, claims, demands, waivers, and other communications from you to Function in connection with these Terms (each, a "Notice") shall be in writing and addressed to Function at the address on this website. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid) or certified or registered mail (in each case, return receipt requested, postage prepaid).
To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”). Such Notice to Function should be sent by email to [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#167a7371777a5670637875627f79787e73777a627e3875797b) or by regular mail to Function Health, Inc., Attention: Legal Dept., 600 Congress Ave Fl 14 Austin, TX 78701 (“Notice Address”). The Notice must include: (1) your name, telephone number, mailing address, and e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of the Dispute. Function will send Notice, including a description of the Dispute, to your email address or regular address on file. It is your responsibility to ensure your email and regular address are correct and remain up to date.
j. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Function Health, Inc., Attention: Legal Dept., 600 Congress Ave Fl 14 Austin TX 78701 or [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#deb2bbb9bfb29eb8abb0bdaab7b1b0b6bbbfb2aab6f0bdb1b3), within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any opt-out notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or Function’s rights. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.
Legal Rights & Agreement Rules · Restriction or exception
The general no-beneficiary rule has express Apple and Google exceptions
The miscellaneous clause says only the parties and permitted assigns benefit. Specific app provisions nevertheless expressly make Apple and subsidiaries beneficiaries for Apple-enabled software and Google a beneficiary for Google-sourced software. Both provisions appear in the Terms; the general exclusion should not hide those app-specific grants.
Supporting quotations
h. These Terms benefit solely the Parties and their permitted assigns and nothing in these Terms, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
Function and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.
(ii) Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms are between you and Function only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Function, and not Google, is solely responsible for Function’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to Function’s Google-Sourced Software.
Legal Rights & Agreement Rules · Context
The whole agreement includes accepted service consents and the Privacy Policy
These Terms, the incorporated Privacy Policy and further membership agreements or service consents you accept form the entire agreement and supersede prior or contemporaneous service agreements. The general clause says Function’s terms prevail over third-party terms; a specific product provision instead gives applicable Third-Party Product Terms priority solely for that product or service. The stated product-specific scope matters. The separate Privacy Policy and product terms are not supplied here.
Supporting quotations
i. These Terms, including without limitation the Privacy Policy, along with any further membership agreement and/or any other consent for Services to which you have consented, collectively, constitute the entire agreement between you and Function with respect to our Services and supersede all prior and/or contemporaneous agreements between you and Function, whether oral or written, arising out of and/or relating to our Services. In the event of any conflict between a term and/or condition between you and Function, on the one hand, and a third-party term and/or condition, on the other hand, Function's term and/or condition shall control.
Certain products made available for purchase in connection with the Services 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 Function 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.
Not stated here
These Terms, the incorporated Privacy Policy and further membership agreements or service consents you accept form the entire agreement and supersede prior or contemporaneous service agreements. The general clause says Function’s terms prevail over third-party terms; a specific product provision instead gives applicable Third-Party Product Terms priority solely for that product or service. The stated product-specific scope matters. The separate Privacy Policy and product terms are not supplied here.
Legal Rights & Agreement Rules · User right or choice
California residents receive provider and state complaint contacts
The Terms identify Function Health, Inc., Legal Department, 600 Congress Ave, Floor 14, Austin TX 78701, telephone (512) 814-6593. California residents are also directed to the state consumer Complaint Assistance Unit at 1625 North Market Blvd., Sacramento CA 95834, or (916) 445-1254 / (800) 952-5210. This reports the supplied consumer-rights contact information, not the full cited statute.
Supporting quotations
j. Under California Civil Code Section 1789.3, users of the Services who are California residents are entitled to the following, specific consumer rights information: The provider of the Services is:
Function Health, Inc.
Attention: Legal Department
600 Congress Ave, Floor 14, Austin, TX 78701
(512) 814-6593
If you should have any further questions, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Legal Rights & Agreement Rules · Context
Referral-program terms apply in addition to the general Terms
Participants in the Function Health Referral Program are subject to its embedded program terms as well as the general Terms and incorporated Privacy Policy. The separate Privacy Policy is not supplied here; referral provisions do not replace its unknown requirements.
Supporting quotations
Referral Program Terms.
If you are participating in the Function Health Referral Program (“Referral Program”), the following terms and conditions (“Referral Program Terms”) apply to your participation in the Referral Program, in addition to all other provisions of these Terms and Function’s Privacy Policy.
Not stated here
Participants in the Function Health Referral Program are subject to its embedded program terms as well as the general Terms and incorporated Privacy Policy. The separate Privacy Policy is not supplied here; referral provisions do not replace its unknown requirements.
Legal Rights & Agreement Rules · Procedure
Paid referrals require disclosure and compliance with additional guidelines
When sharing a code, disclose that you may receive a fee, such as “this is a paid referral,” and comply with FTC endorsement guides and Function’s linked Content Guidelines. Actual or suspected guideline violations, as Function determines, can cause immediate deactivation, suspension or termination and loss of referral fees. The linked Content Guidelines and full FTC guides are not supplied here, so their additional requirements cannot be described.
Supporting quotations
(ii) You must at all times comply with the Federal Trade Commission’s (“FTC’s”) Guides Concerning the Use of Endorsements and Testimonials in Advertising, located and the FTC’s Endorsement Guides: What People Are Asking (collectively, the “FTC Guides”) in connection with your participation in the Referral Program. To comply with the FTC Guides, you must, among other requirements, disclose the fact that you may receive a referral fee from Function if the recipient uses your Code to sign up for a Function membership (e.g., “this is a paid referral”) when sharing your Code. In addition, you must comply with the Function Referral Program Content Guidelines(“Content Guidelines”) at all times. In the event we become aware of your violation of the Content Guidelines or suspect that you are in violation of the Content Guidelines (in each case, as determined by us in our sole discretion), we reserve the right to deactivate your Code immediately and otherwise suspend or terminate your participation in the Referral Program and you will not have the right to receive any Referral Fees.
Not stated here
When sharing a code, disclose that you may receive a fee, such as “this is a paid referral,” and comply with FTC endorsement guides and Function’s linked Content Guidelines. Actual or suspected guideline violations, as Function determines, can cause immediate deactivation, suspension or termination and loss of referral fees. The linked Content Guidelines and full FTC guides are not supplied here, so their additional requirements cannot be described.
Legal Rights & Agreement Rules · Restriction or exception
Participants cannot earn healthcare referral compensation or manipulate fees
You represent you are not a practicing healthcare professional; the eligibility provision also excludes licensed healthcare professionals. You may not seek or accept compensation for someone signing up or paying for third-party lab, medical or other healthcare services, commit fraud or deception, or manipulate referrals contrary to the program. You must follow applicable endorsement, anti-kickback, marketing, privacy, professional and other laws. Function may verify eligibility and suspend or terminate for determined noncompliance.
Supporting quotations
g. Warranties, Requirements, and Covenants. You represent, warrant, and covenant as follows:
(ii) You are not a practicing health care professional.
(iii) You will neither seek nor accept compensation – in the form of Referral Fee or otherwise – arising from or relating to an individual signing-up for and/or paying for third-party laboratory services, medical services, or any other healthcare items or services.
(iv) You will comply with all applicable laws, regulations, and guidance in connection with your participation in the Referral Program, including without limitation, the FTC Guides, Eliminating Kickbacks in Recovery Act, the CAN‐SPAM Act, TCPA, state kickback laws, and all state laws relating to the practice of any profession, and all applicable advertising and marketing, consumer protection, and privacy laws.
(v) You will not, directly or indirectly, solicit, encourage, aid, incite, or engage in any fraudulent, deceptive, or unlawful acts in connection with your participation in the Referral Program.
(vi) You will not attempt to engage or engage in any measures intended to and/or likely to result in a Referral Fee in violation of the Referral Program Terms.
We reserve the right to verify your eligibility to participate in the Referral Program or to receive Referral Fees hereunder, and your compliance with the Referral Program Terms. Function may terminate or suspend your participation in the Referral Program in the event Function determines that you are in breach of the above representations, warranties, and covenants, or are not otherwise in compliance with the Referral Program Terms and/or the Terms, as determined by Function in its sole discretion.
b. Eligibility. The Referral Program is available to you if you have an active Account and you are not a licensed healthcare professional. If at any time your circumstances change in a way that impacts your eligibility (e.g., you become a licensed healthcare practitioner), then you must immediately notify us by sending an email to [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#d9abbcbfbcababb8b5aa99bfacb7baadb0b6b7b1bcb8b5adb1f7bab6b4). If we believe you are in breach of the foregoing eligibility requirements, we may reject, suspend, or terminate your participation in the Referral Program. If your Account is terminated for any reason, your participation in the Referral Program will automatically terminate effective immediately. To participate in the Referral Program, you must create an account with Impact Tech, Inc. (“Impact”), Function’s vendor managing the Referral Program, and provide valid bank account information for purposes of receiving direct deposits of Referral Fees in connection with your participation in the Referral Program. Any bank account and other information provided to Impact by you will be subject to Impact’s privacy policy and your use of Impact’s platform and services, including your account with Impact, is subject to your agreement with Impact. Function is not responsible for any acts or omissions or Impact or your access to or use of Impact’s platform and services.
Legal Rights & Agreement Rules · Context
This analysis covers October 7, 2026, not the archived February version
The source states October 7, 2026 as its current update and later explicitly introduces “Prior version — February 13, 2026,” followed by that older update date. The archived provisions are not treated as current rules or used to override the assigned October version.
Supporting quotations
Prior version — February 13, 2026
Last Updated: February 13, 2026
Last Updated: October 7, 2026
Legal Rights & Agreement Rules · Procedure
Terms can change, generally with immediate effect
Function may change these Terms with or without advance notice, posting the updated date and notifying users of material changes by interface, email or other reasonable means. Changes are immediate unless stated otherwise; continued use accepts them, and Function may require specified consent. Disagreeing users must stop use. A separate clause requires written amendments with both parties’ consent; these Terms thus use posting and continued use as a consent mechanism while also stating a general written-consent rule.
Supporting quotations
These Terms of Service (the “Terms”) contain essential terms and conditions regarding your use of our Services and Products, including any materials, data, information, and content available therethrough. PLEASE REVIEW THE TERMS VERY CAREFULLY BEFORE USING OUR SERVICES. We encourage you to contact us at [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#3f575a5353507f594a515c4b565051575a5e534b57115c5052) with any questions or concerns before proceeding any further with our Services or Products. We reserve the right to change or modify portions of these Terms at any time, with or without advance notice. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last updated. We will also notify you, either through the Services user interface, in an email notification, or through other reasonable means, if material changes were made. Unless otherwise stated in such update, any such changes will become effective immediately. You should periodically visit this page to review the current Terms, so you are aware of any changes. We may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to these or any future Terms, you agree that your sole remedy is to not, (and you agree you will not) access, browse, or use the Services (or continue to do so). Your continued use of the Services after the date any such changes to the Terms become effective constitutes your acceptance of such changes and consent to the then-applicable Terms.
e. No waiver under these Terms is effective unless it is in writing, identified as a waiver to these Terms, and signed by an authorized representative of the Party waiving its right(s). The Parties agree that any failure by either Party to require the other's strict adherence to any term or condition herein shall, in no manner, be construed as a waiver of any right(s) by that Party, nor shall such a failure be construed to remove or dilute the effect of any term, condition, or requirement stated in these Terms. These Terms may not be amended or modified unless specified in writing and bearing the consent of both Parties.
Legal Rights & Agreement Rules · Context
The Privacy Policy is incorporated into these Terms
The Terms incorporate the linked Privacy Policy in its entirety. That policy is not supplied as part of this assigned analysis, so this card establishes incorporation rather than describing its separate data rules.
Supporting quotations
The Terms incorporate Function's Privacy Policy by reference in its entirety – as though herein completely stated – and all references to these Terms shall refer, without limitation, to our Privacy Policy, as above-linked. Please accordingly review our Privacy Policy very carefully.
Not stated here
The linked Privacy Policy text is not supplied; its separate data rules are not analyzed.
Legal Rights & Agreement Rules · Restriction or exception
Additional service terms control conflicts for that service
Additional Terms may be posted or presented when you access another service and are incorporated here. They control inconsistencies only for the additional service and only to the extent of the inconsistency. Separate Additional Terms not supplied here are not analyzed.
Supporting quotations
In addition, when using or receiving the Services, you may be subject to any additional terms applicable to such services (“Additional Terms”) that may be posted on the Service from time to time, or presented to you for your acceptance when you sign up for or access the additional Service. All such terms are hereby incorporated by reference into these Terms. If these Terms are inconsistent with the Additional Terms, then the Additional Terms control with respect to such additional service, but only to the extent of such inconsistency.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration and court waivers have exceptions and a 30-day opt-out
The opening notice generally requires final binding arbitration and waives class and jury proceedings, but the detailed agreement permits qualifying individual small claims, court equitable relief for intellectual-property misuse and agency complaints. A personal written opt-out must be sent within 30 days of first becoming subject; it does not undo earlier unopted-out arbitration agreements, while valid earlier opt-outs remain honored. The detailed class-waiver rule preserves batch procedures, mass settlements and claim-specific court severance if a final ruling invalidates a relief restriction.
Supporting quotations
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THIS AGREEMENT TO ARBITRATE IN SECTION 17 REQUIRES THAT ALL DISPUTES BETWEEN YOU AND US (WITH LIMITED EXCEPTIONS) WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. THE AGREEMENT TO ARBITRATE ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THE AGREEMENT TO ARBITRATE CAREFULLY. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS AS DESCRIBED IN SECTION 17: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
a. Agreement to Arbitrate. This Section 17 is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disagreements, controversies, disputes, or claims that have arisen or may arise between you and Function, whether arising out of or relating in any way to these Terms (including any alleged breach thereof), the Service, the Site, the Mobile App, any advertising or communications you receive, or any aspect of the relationship or transactions between us (each a “Dispute”), shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that (i) you and Function may assert individual claims in small claims court, if such claims qualify and remain in small claims court; and (ii) you or Function may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or that involve facts occurring before the existence of this or any prior versions of the Terms, unless those disputes were noticed prior to these Terms becoming effective, as well as claims that may arise after the termination of these Terms. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the Law allows, seek relief against us on your behalf.
j. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Function Health, Inc., Attention: Legal Dept., 600 Congress Ave Fl 14 Austin TX 78701 or [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#deb2bbb9bfb29eb8abb0bdaab7b1b0b6bbbfb2aab6f0bdb1b3), within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any opt-out notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or Function’s rights. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.
c. Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection below entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Function agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in Austin, TX. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Function from participating in a class-wide or mass settlement of claims.
Legal Rights & Agreement Rules · Context
Using the services accepts the Terms for the defined user
The Terms govern the website, mobile apps, related technologies and product or service purchases and uses. Access or use represents agreement to the entire Terms to the fullest extent permitted by law. The defined user includes the individual and any entity, individual or organization on whose behalf that person acts.
Supporting quotations
The Terms constitute a legally-binding contract between you and Function that governs your access to and use of our services and products, including but not limited to: (a) your use of the website functionhealth.com (the “Site”) and its features; (b) our mobile applications and related technologies (the “Mobile App”) and (c) any purchases and/or uses of our Products or Services. BY ACCESSING AND/OR MAKING USE OF OUR SERVICES, INCLUDING WITHOUT LIMITATION VIA ONE OR MORE OF OUR WEBSITES, ADVERTISEMENTS, AND/OR APPLICATIONS, YOU REPRESENT THAT YOU FULLY UNDERSTAND AND AGREE TO BE UNCONDITIONALLY BOUND BY THE TERMS IN THEIR ENTIRETY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
o. "You", "you," "your", "yourself," and "User" refers to you, as an individual, plus any entity, individual, and/or organization on whose behalf you are acting in connection with our Services (defined below).
Legal Rights & Agreement Rules · Restriction or exception
You agree to seek qualified care and not rely on the service as treatment
You agree to consult your qualified healthcare professional and not delay care or disregard professional advice because of Function or AI Chat. Concern about a medical emergency calls for dialing 911. Access to content does not itself establish a provider or laboratory patient relationship; actual treatment and provider acceptance are required. You also acknowledge selecting providers yourself without a Function referral.
Supporting quotations
b. OUR SERVICES, INCLUDING WITHOUT LIMITATION AI CHAT, ARE NOT A SUBSTITUTE FOR QUALIFIED MEDICAL CARE, QUALIFIED MEDICAL ADVICE, AND/OR A DETAILED DISCUSSION WITH YOUR OWN QUALIFIED HEALTHCARE PROFESSIONAL. Function strongly recommends that you seek the advice of your own qualified healthcare professional to assist you in making decisions regarding any diagnosis, treatment, course, and/or care—including without limitation in relation to any data and/or information we provide—and you agree to follow this recommendation. You covenant that you will not delay in seeking care or otherwise ignore the advice or direction of a qualified medical professional based on your use of our Services, including without limitation AI Chat. If you are concerned that you may be experiencing a medical emergency, please dial 9-1-1 immediately. You understand and agree that accessing Function Content, Services (including without limitation AI Chat), and Products does not create a patient relationship with any medical provider or laboratory. A patient relationship with a medical provider or laboratory is only established when you have actually been treated by a medical provider or laboratory and such provider or laboratory evidences acceptance of such relationship. In addition, you acknowledge and agree that you have selected each medical provider or laboratory and elected to receive services from the medical provider or laboratory and that no third-party, including Function, has referred, suggested or recommended the medical providers or laboratories to you.
a. FUNCTION DOES NOT OFFER YOU MEDICAL ADVICE, A DIAGNOSIS, MEDICAL TREATMENT, OR ANY FORM OF A MEDICAL OPINION, THROUGH OUR SERVICES OR OTHERWISE. All material, information, data, and content that Function provides through our Services, including without limitation through AI Chat, is strictly for general information purposes.
Legal Rights & Agreement Rules · Restriction or exception
The Terms place service-reliance risk on the user
To the fullest extent permitted by applicable law, you use the services and rely on results, FH Content and AI Chat responses at your own risk. Function disclaims responsibility for reliance by you or others. FH Content is service content excluding Personal Information and User Content; the disclaimer separately covers results and responses. This describes the contractual disclaimer, not a conclusion about enforceability.
Supporting quotations
d. To the fullest extent permitted by applicable law, you agree that you use our Services and rely on the materials, data, content, and information you receive in connection our Services—including without limitation the FH Content and Responses—at your own risk. To the fullest extent permitted by applicable law, Function disclaims all liability and responsibility arising out of and/or relating to any reliance placed by you and/or any other person on our Services, including without limitation AI Chat, and/or any data and/or information you receive in connection with our Services, including without limitation as relating to data and information relating to Lab Results and/or FH Content and Responses.
c. "FH Content" refers to any and all data, information, content, material, and other intellectual property available through our Services in various formats—including but not limited to as code, data, text, images, multimedia content, designs, graphics, illustrations, photographs, banners, messages, videos, visual interfaces, features, functionalities, software applications and, but specifically excluding Personal Information and User Content.
Legal Rights & Agreement Rules · Restriction or exception
Function does not warrant the accuracy or completeness of lab results
Despite its stated aim of complete and accurate results, Function says a sample may produce incomplete or inaccurate results and disclaims warranties of accuracy, completeness, usefulness, timeliness and precision. The meaning of a result may change as scientific knowledge develops.
Supporting quotations
d. While Function strives to facilitate access to complete and accurate Lab Results 100% of the time, you acknowledge and accept that: (a) your Sample may yield incomplete or even inaccurate Lab Results; and (b) Function does not warrant the accuracy, completeness, usefulness, timeliness, or precision of any Lab Results delivered or accessed through our Services. You further acknowledge and agree that your Lab Results may yield data or information that may have a limited significance presently, but may take on greater meaning as science evolves, knowledge increases, and/or future discoveries are made.
Legal Rights & Agreement Rules · Restriction or exception
You must assess AI responses; Function does not endorse their content
You must review AI responses for accuracy, suitability and legal compliance. Function does not guarantee tailored or informative results, compliance with evolving AI laws, or the accuracy, efficacy, completeness or appropriateness of information and resources. It does not endorse particular opinions or resources delivered through AI Chat.
Supporting quotations
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL REVIEW EACH RESPONSE AND ANY OTHER ASPECTS OF AI CHAT TO CONFIRM ACCURACY AND TO CONFIRM THAT SUCH MATERIALS ARE SUFFICIENT AND MEET YOUR NEEDS. AI CHAT IS INTENDED AS A RESPONSE GENERATION TOOL ONLY AND DOES NOT CONSTITUTE ANY WARRANTY OR GUARANTY THAT AI CHAT WILL PROVIDE ACCURATE, TAILORED, OR INFORMATIVE RESPONSES OR RESULTS. LAWS AND REGULATIONS GOVERNING USE OF GENERATIVE ARTIFICIAL INTELLIGENCE ARE RAPIDLY EVOLVING, AND FUNCTION DOES NOT GUARANTEE THAT YOUR USE OF AI CHAT, OR RESPONSES WILL COMPLY WITH APPLICABLE LAWS AND REGULATIONS OR THAT FUTURE LAWS AND REGULATIONS WILL NOT IMPACT YOUR USE THEREOF. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF AI CHAT, AND RESPONSES COMPLY WITH ALL APPLICABLE LAWS. YOU SHOULD EVALUATE THE FITNESS OF ANY RESPONSE AS APPROPRIATE FOR YOUR SPECIFIC USE CASE.
YOU ACKNOWLEDGE AND AGREE THAT FUNCTION DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY, EFFICACY, VERACITY, COMPLETENESS, OR APPROPRIATENESS OF ANY INFORMATION OR RESOURCES RECEIVED, PROVIDED, OR MADE AVAILABLE THROUGH AI CHAT. FUNCTION DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC OPINIONS OR OTHER INFORMATION OR RESOURCES MADE AVAILABLE THROUGH AI CHAT.
Legal Rights & Agreement Rules · Restriction or exception
US trade sanctions and listed-party restrictions limit access and sharing
You promise compliance with export and shipping restrictions. The Terms prohibit providing services in the named sanctioned territories and to specified controlled entities, nationals or residents, with the stated exception for nationals lawfully admitted as permanent residents of nonsanctioned countries. They also prohibit access for US designated or denied parties. You warrant you are not in the prohibited categories and will not share the service with them. The named territories are Cuba, Iran, North Korea, Syria and Crimea, plus other countries under US trade sanctions; this is the Terms’ list, not an independent current sanctions determination.
Supporting quotations
d. You represent that you have not violated and covenant that you shall not violate any export control laws or other restrictions on shipping to foreign countries in the course of purchasing and/or making use of Services and/or Products. The Services may not be used or otherwise provided or made available, either directly or indirectly, (a) in Cuba, Iran, North Korea, Syria, Crimea region of Ukraine, or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department’s Table of Denial Orders. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and that you will not share the Service with anyone whose status is described in items (a) or (b) above.
Legal Rights & Agreement Rules · Procedure
Broad modification language is qualified by the material-change notice promise
Function reserves discretion to revise these Terms and the incorporated Privacy Policy and treats continued use as acceptance. The opening provision promises posting the updated date and notification of material changes; updates are immediate unless stated otherwise. The miscellaneous clause separately requires written amendments and both parties’ consent. These provisions must be read together: the stated posted-update/continued-use process and material-notice commitment remain visible alongside the written-consent rule.
Supporting quotations
i. You agree that Function reserves the right to supplement, delete, or otherwise modify some of all these Terms—or any portions thereof—at any time, for any reason, with or without notice, in our sole discretion. In the event that Function revises these Terms, your continued and/or subsequent access and/or use of our Services will constitute your unconditional acceptance of the revised Terms. You acknowledge and accept that you are expected to check-back with the page on our Site containing our Terms, as any changes are binding on you. This paragraph applies, without limitation, to Function's Privacy Policy, which is incorporated by reference into these Terms in its entirety.
These Terms of Service (the “Terms”) contain essential terms and conditions regarding your use of our Services and Products, including any materials, data, information, and content available therethrough. PLEASE REVIEW THE TERMS VERY CAREFULLY BEFORE USING OUR SERVICES. We encourage you to contact us at [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#3f575a5353507f594a515c4b565051575a5e534b57115c5052) with any questions or concerns before proceeding any further with our Services or Products. We reserve the right to change or modify portions of these Terms at any time, with or without advance notice. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last updated. We will also notify you, either through the Services user interface, in an email notification, or through other reasonable means, if material changes were made. Unless otherwise stated in such update, any such changes will become effective immediately. You should periodically visit this page to review the current Terms, so you are aware of any changes. We may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to these or any future Terms, you agree that your sole remedy is to not, (and you agree you will not) access, browse, or use the Services (or continue to do so). Your continued use of the Services after the date any such changes to the Terms become effective constitutes your acceptance of such changes and consent to the then-applicable Terms.
e. No waiver under these Terms is effective unless it is in writing, identified as a waiver to these Terms, and signed by an authorized representative of the Party waiving its right(s). The Parties agree that any failure by either Party to require the other's strict adherence to any term or condition herein shall, in no manner, be construed as a waiver of any right(s) by that Party, nor shall such a failure be construed to remove or dilute the effect of any term, condition, or requirement stated in these Terms. These Terms may not be amended or modified unless specified in writing and bearing the consent of both Parties.
Legal Rights & Agreement Rules · Procedure
Reasonable electronic contact methods can serve as adequate notice
Subject to law, Function may choose reasonable methods such as email, push, SMS, telephone or site banners for service notices, including Terms changes. The Terms deem these timely and adequate. Other notices and legal communications may go to the email registered with or updated in your account. Text participation remains optional under the specific Text Service provisions.
Supporting quotations
b. You acknowledge that, to the extent permitted by applicable law, Function reserves the right to decide how it will contact you regarding any service messages and other publicly-directed communications—among other options, we specifically reserve the right to use email, push notification, text/SMS message, telephone call, and a website banner—and you agree that any reasonable means of contact selected by Function (including any of the aforementioned) shall suffice for timely and adequate notice; this provision, embraces, without limitation, communications concerning changes to one or more of the Terms (including without limitation one or more terms set forth in this Privacy Policy). You agree that all other notices, requests, consents, claims, demands, waivers, and other communications that Function sends to you may be sent to the email that you provided to Function when you registered for our Services or as updated in connection with your Function Health account.
f. By entering into these Terms, you consent to accept and receive communications from us to the contacts you provide to us in connection with your Account, via SMS and/or MMS messages sent through an automated telephone dialing system (“Text Service”), even if you have opted in to the National Do Not Call List, any state Do Not Call List, or the internal Do Not Call List of any company. You may be required to respond to an initial message as instructed to complete your registration and confirm enrollment in the Text Service. You do not have to participate in the Text Service in order to use the Services. In the event you no longer want to participate in the Text Service, you agree to notify us directly. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number.
As described in the Text Service enrollment and welcome messages, you may text “STOP” to cancel such communications as you are not required to consent to the Text Service as a condition of using the Services. You can also text “HELP” for customer support information. If you choose to cancel your Text Service, you agree to receive a final text message from the Text Service confirming your cancellation.
Legal Rights & Agreement Rules · Restriction or exception
Function generally promises no continued service or maintenance
To the fullest extent allowed by law, and except as specified in writing, Function disclaims obligations to continue, provide, maintain, update or improve services, their features, terms or content. This general disclaimer remains subject to specific written commitments, including the Family Plan protection against a change alone retroactively eliminating an already-paid term.
Supporting quotations
c. To the fullest extent permitted by law, and except as otherwise specified in writing, Function holds no obligation or responsibility to take action or refrain from acting with respect to the continuation, provision, maintenance, updating, improvement, renovation, and/or modification of: (a) our Services; (b) aspects, portions, details, features, specifications, and functions of our Services; (c) terms and /or conditions relating to our Services; and/or (d) material, data, information, and/or content arising out of or relating to our Services, including without limitation the FH Content.
q. Changes to the Family Plan. Function may prospectively modify the Family Plan, including its availability, eligibility requirements, Plan or Seat limits, pricing for future Seat activations or renewals, administrative functionality, optional Plan features, payment options, or other program features, subject to the Terms and applicable law. A change to the Family Plan will not, by itself, retroactively shorten or eliminate a Subscription term that has already been paid for. Function may suspend new enrollment or discontinue the Family Plan. If the Family Plan is discontinued, Function may allow existing Seats to continue through their paid terms, transition Plan participants to individual Subscriptions, provide another eligible Sponsorship arrangement, or take another action consistent with the Terms and applicable law. Function may introduce additional Family Plan features in the future under these or additional terms. Unless expressly made available by Function, future features do not form part of the current Family Plan. For questions about Family Plans, Invites, Seats, Sponsorship, billing, or related matters, please use the support channel available through your Account or contact Function at [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#234b464f4f4c6345564d40574a4c4d4b46424f574b0d404c4e).
Legal Rights & Agreement Rules · Restriction or exception
You assume responsibility for your acts and must follow service instructions
To the fullest extent law allows, you assume risk and responsibility for your own acts and omissions involving sample collection, results, medical care and products. You agree to read and follow instructions from Function and its partners and to bear repair costs arising from your use of these offerings.
Supporting quotations
b. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT LEGALLY ALLOWED, YOU ASSUME ALL RISK, LIABILITY, AND RESPONSIBILITY FOR YOUR OWN ACTS AND OMISSIONS IN CONNECTION WITH OUR SERVICES; THIS INCLUDES, WITHOUT LIMITATION, YOUR ACTS AND OMISSIONS IN CONNECTION WITH: (i) YOUR SCHEDULING AND RECEIPT OF SAMPLE COLLECTION SERVICES; (ii) YOUR RECEIPT OF ANY LAB RESULTS (iii) ANY THIRD-PARTY MEDICAL ADVICE AND/OR CARE; AND (iv) THE PURCHASE AND/OR USE OF ANY MEDICAL PRODUCT OR DEVICES. YOU ACCORDINGLY AGREE TO CAREFULLY READ AND FOLLOW ALL INSTRUCTIONS DIRECTED TO YOU BY FUNCTION, OUR AFFILIATES, AND OUR THIRD-PARTY PARTNERS AND PROVIDERS IN CONNECTION WITH OUR SERVICES AND PRODUCTS AND ANY SERVICES AND PRODUCTS THERETHROUGH AVAILABLE. YOU FURTHER AGREE TO ASSUME THE COST OF ALL REPAIRS ARISING OUT OF AND/OR RELATING TO YOUR USE OF OUR SERVICES, OUR PRODUCTS AND RELATED THIRD-PARTY PRODUCTS AND SERVICES.
Legal Rights & Agreement Rules · Restriction or exception
Liability is capped, with misconduct, injury and indemnity exceptions
To the fullest extent law permits, the Terms exclude consequential, indirect, incidental, reliance and special damages and cap a Function Party’s aggregate liability at the greater of $100 or your payments for the subject products/services in the preceding six months. The stated limitation does not apply to recklessness or intentional misconduct, alleged bodily injury or death directly and proximately caused by a Function Party, or indemnification obligations. The clause applies across services and damage categories regardless of theory, foreseeability or failed remedy. Function Parties include Function, affiliates, officers, employees, directors, providers, licensors and agents.
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You Agree to Indemnify Function, Limit Our Liability, and Refrain from Injunctive Measures.
a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE FUNCTION PARTIES (AS DEFINED BELOW) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, RELIANCE OR SPECIAL DAMAGES -- OR FOR ANY LOSSES ARISING THEREFROM AND/OR RELATING THERETO -- IRRESPECTIVE OF (i) THE NATURE AND THEORY OF LIABILITY, (ii) THE FORESEEABILITY OF HARM OR DAMAGES, (iii) WHETHER FUNCTION WAS ADVISED AS TO THE POSSIBILITY OF HARM OR DAMAGES, (iv) WHETHER THERE WAS AN ACQUISITION OF SUBSTITUTE GOODS AND/OR SERVICES, AND (v) WHETHER A REMEDY FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT, IF YOU ARE NOT FULLY SATISFIED WITH OUR SERVICES OR ANY PORTION THEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF A FUNCTION PARTY IN CONNECTION WITH FUNCTION'S SERVICES, PRODUCTS, AND/OR THESE TERMS SHALL BE THE GREATER OF (i) $100.00 U.S.D. OR (ii) AMOUNTS ACTUALLY PAID BY YOU FOR THE RECEIPT OF THE SUBJECT SERVICES AND/OR PRODUCTS IN THE PAST SIX (6) MONTHS. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY MATTERS ARISING OUT OF AND/OR RELATING TO THE RECKLESSNESS AND/OR INTENTIONAL MISCONDUCT OF A FUNCTION PARTY. FURTHERMORE, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO MATTERS ALLEGING A BODILY INJURY OR DEATH DIRECTLY AND PROXIMATELY CAUSED BY THE ACTIONS AND/OR OMISSIONS OF A FUNCTION PARTY. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO ANY INDEMNIFICATION OBLIGATIONS SET FORTH IN THESE TERMS. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO LOSS OF USE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS AND/OR OPPORTUNITY, LOSS OF REVENUE, PROPERTY DAMAGE, HARM TO REPUTATION, LOSS OF GOODWILL, HARM TO THE RIGHT OF PRIVACY, EMOTIONAL DISTRESS DAMAGES, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA, AND TECHNICAL MALFUNCTION. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO FUNCTION'S SERVICES RELATING TO: THE FACILITATION OF THIRD-PARTY LABORATORY SERVICES, THE RECEIPT OF LAB RESULTS, THE FACILITATION OF THIRD-PARTY TELEMEDICINE SERVICES, INFORMATION SHARING, RESEARCH, DATA COMPILATION AND ANALYSIS, AND CONTENT CREATION. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FUNCTION AND YOU.
FUNCTION AND OUR AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, SERVICE PROVIDERS, LICENSORS, AND AGENTS (COLLECTIVELY, THE “FUNCTION PARTIES”)
Legal Rights & Agreement Rules · Restriction or exception
Stopping use is stated as the sole dissatisfaction remedy, alongside express refund rights
The liability clause calls discontinuing use the sole remedy for dissatisfaction. Specific refund promises still appear elsewhere, including the conditional 48-hour initial-subscription refund and clinician-declined core-service refund. The general statement should not be read as erasing those express remedies or mandatory law.
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a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE FUNCTION PARTIES (AS DEFINED BELOW) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, RELIANCE OR SPECIAL DAMAGES -- OR FOR ANY LOSSES ARISING THEREFROM AND/OR RELATING THERETO -- IRRESPECTIVE OF (i) THE NATURE AND THEORY OF LIABILITY, (ii) THE FORESEEABILITY OF HARM OR DAMAGES, (iii) WHETHER FUNCTION WAS ADVISED AS TO THE POSSIBILITY OF HARM OR DAMAGES, (iv) WHETHER THERE WAS AN ACQUISITION OF SUBSTITUTE GOODS AND/OR SERVICES, AND (v) WHETHER A REMEDY FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT, IF YOU ARE NOT FULLY SATISFIED WITH OUR SERVICES OR ANY PORTION THEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF A FUNCTION PARTY IN CONNECTION WITH FUNCTION'S SERVICES, PRODUCTS, AND/OR THESE TERMS SHALL BE THE GREATER OF (i) $100.00 U.S.D. OR (ii) AMOUNTS ACTUALLY PAID BY YOU FOR THE RECEIPT OF THE SUBJECT SERVICES AND/OR PRODUCTS IN THE PAST SIX (6) MONTHS. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY MATTERS ARISING OUT OF AND/OR RELATING TO THE RECKLESSNESS AND/OR INTENTIONAL MISCONDUCT OF A FUNCTION PARTY. FURTHERMORE, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO MATTERS ALLEGING A BODILY INJURY OR DEATH DIRECTLY AND PROXIMATELY CAUSED BY THE ACTIONS AND/OR OMISSIONS OF A FUNCTION PARTY. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO ANY INDEMNIFICATION OBLIGATIONS SET FORTH IN THESE TERMS. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO LOSS OF USE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS AND/OR OPPORTUNITY, LOSS OF REVENUE, PROPERTY DAMAGE, HARM TO REPUTATION, LOSS OF GOODWILL, HARM TO THE RIGHT OF PRIVACY, EMOTIONAL DISTRESS DAMAGES, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA, AND TECHNICAL MALFUNCTION. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO FUNCTION'S SERVICES RELATING TO: THE FACILITATION OF THIRD-PARTY LABORATORY SERVICES, THE RECEIPT OF LAB RESULTS, THE FACILITATION OF THIRD-PARTY TELEMEDICINE SERVICES, INFORMATION SHARING, RESEARCH, DATA COMPILATION AND ANALYSIS, AND CONTENT CREATION. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FUNCTION AND YOU.
ii. Subscription Refunds. If you cancel your Subscription within forty-eight (48) hours after your initial purchase and no specimen has been collected and no laboratory testing services have otherwise been performed in connection with the Subscription, Function will provide a full refund of the applicable Subscription fee. Function will return an eligible refund to the original payment method or payment source used for the purchase, subject to the processing provisions below. After forty-eight (48) hours following your initial Subscription purchase, or after a specimen has been collected or laboratory testing services have otherwise been performed in connection with the Subscription, whichever occurs first, the Subscription purchase is nonrefundable, except as expressly provided in this Refund and Credit Policy or required by applicable law. Payments for recurring Subscription periods, including renewals, are nonrefundable except as expressly provided in this Refund and Credit Policy or required by applicable law. Your Subscription provides a comprehensive, integrated set of services, features, and benefits, which may include annual and mid-year lab testing opportunities. Failure to use all or any portion of the Subscription, including a testing opportunity or other available benefit, does not by itself entitle you to a partial or prorated refund or Credit.
iii. Clinician-Declined Testing. If, after clinical review, a clinician declines to order some or all of the lab testing included in your Subscription, Function may, in its reasonable discretion and based on the extent of the testing affected, provide substitute testing, a Credit, a partial refund, or another appropriate commercial adjustment. If the clinician’s decision prevents Function from providing the essential, core services included in the Subscription, Function will cancel the Subscription and provide a full refund to the original payment source, unless you accept another appropriate remedy offered by Function. Function will determine and communicate the applicable remedy and any required action or request period when it notifies you of the clinician’s decision. If, after clinical review, a clinician declines to order a separately purchased Add-On Lab Test, Function may offer a comparable substitute test, Credits, or another appropriate commercial adjustment. If Function cannot provide the purchased Add-On Lab Test and you do not accept an offered alternative, Function will refund the net amount actually paid for the declined Add-On Lab Test to the original payment source. Any remedy applies only to the specific Add-On Lab Test that the clinician declined.
Legal Rights & Agreement Rules · Restriction or exception
The Terms seek to restrict injunctions against Function’s services
The general liability clause seeks, to the fullest extent law permits, to bar users from enjoining services or seeking equitable relief. The specific arbitration provisions nevertheless permit either party to seek court equitable relief for intellectual-property infringement or misuse and allow individual declaratory/injunctive arbitration relief. A final ruling invalidating a class-waiver restriction for a particular relief request, including public injunctive relief, permits that request in Austin court. These express routes qualify the broad general language; enforceability is not independently determined.
Supporting quotations
b. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE: (i) YOU SHALL NOT, DIRECTLY OR INDIRECTLY, MAKE ANY EFFORT TO ENJOIN FUNCTION OR OTHERWISE RESTRAIN US FROM PROVIDING SERVICES; (ii) YOU ARE NOT ENTITLED TO ANY INJUNCTIVE OR EQUITABLE RELIEF IN CONNECTION WITH THESE SERVICES. THIS PROVISION APPLIES, WITHOUT LIMITATION, TO FUNCTION'S SERVICES RELATING TO: THE FACILITATION OF THIRD-PARTY LABORATORY SERVICES, THE RECEIPT OF LAB RESULTS, THE FACILITATION OF THIRD-PARTY TELEMEDICINE SERVICES, INFORMATION SHARING, RESEARCH, DATA COMPILATION AND ANALYSIS, AND CONTENT CREATION.
a. Agreement to Arbitrate. This Section 17 is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disagreements, controversies, disputes, or claims that have arisen or may arise between you and Function, whether arising out of or relating in any way to these Terms (including any alleged breach thereof), the Service, the Site, the Mobile App, any advertising or communications you receive, or any aspect of the relationship or transactions between us (each a “Dispute”), shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that (i) you and Function may assert individual claims in small claims court, if such claims qualify and remain in small claims court; and (ii) you or Function may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or that involve facts occurring before the existence of this or any prior versions of the Terms, unless those disputes were noticed prior to these Terms becoming effective, as well as claims that may arise after the termination of these Terms. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the Law allows, seek relief against us on your behalf.
c. Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection below entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Function agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in Austin, TX. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Function from participating in a class-wide or mass settlement of claims.
Legal Rights & Agreement Rules · Restriction or exception
Services are intended for people in the United States
Function operates from the US and intends services only for users located there. It disclaims foreign legality, availability or suitability, assigns foreign-access compliance risk to users, and seeks an agreement not to pursue claims subjecting it to non-US law or jurisdiction. Foreign users acknowledge transferring information to the US, which may have less protective data laws. This is the contract’s position, not a determination that mandatory foreign law cannot apply.
Supporting quotations
c. U.S. Jurisdiction; Foreign Access. Function and its properties are located in and operated from the United States. Our Services are intended only for use by persons located in the United States. Function does not intend to be subject to any non-U.S. law or jurisdiction, under any circumstances, and you agree that you shall not pursue any claims, disputes, or controversies against Function insofar as they are subject Function to non-U.S. law or jurisdiction. Moreover, you acknowledge and agree that Function makes no representation or warranty that our Services -- including without limitation our Site, the FH Content and any Lab Results relating to our Services -- are accessible, legally permitted, and/or appropriate for consumption in any countries or jurisdictions outside of the United States. It may not be legal for your and/or other persons to access this Site based on the country or jurisdiction in which you and/or such persons are located; you accordingly assume all risk, liability, and responsibility in connection with accessing this Site outside of the United States and complying with any laws, rules, regulations, or guidelines applicable thereto. Furthermore, insofar as you are resident of a country other than the United States and/or located in such a country when accessing our Services (e.g., in a country belonging to the European Union), you acknowledge that you are engaging in the transfer of data and information to the United States, which may have less protective data laws, privacy regulations, and disclosure regulations than your country of residency and/or location.
Legal Rights & Agreement Rules · Procedure
Arbitration is the default, with small-claims, intellectual-property and agency exceptions
Section 17 generally requires final binding arbitration across the relationship, including prior facts unless the dispute was noticed before these Terms and claims after termination. Exceptions allow qualifying individual small claims, court equitable relief for intellectual-property infringement or misuse and agency complaints. The user can personally opt out in writing within 30 days after first becoming subject, but that does not undo an earlier agreement not timely opted out of; valid prior opt-outs are honored. Arbitration requires the 45-day informal process, and special class-waiver and batch-invalidity rules preserve specified court routes.
Supporting quotations
Dispute Resolution By Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate. This Section 17 is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disagreements, controversies, disputes, or claims that have arisen or may arise between you and Function, whether arising out of or relating in any way to these Terms (including any alleged breach thereof), the Service, the Site, the Mobile App, any advertising or communications you receive, or any aspect of the relationship or transactions between us (each a “Dispute”), shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that (i) you and Function may assert individual claims in small claims court, if such claims qualify and remain in small claims court; and (ii) you or Function may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or that involve facts occurring before the existence of this or any prior versions of the Terms, unless those disputes were noticed prior to these Terms becoming effective, as well as claims that may arise after the termination of these Terms. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the Law allows, seek relief against us on your behalf.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THIS AGREEMENT TO ARBITRATE IN SECTION 17 REQUIRES THAT ALL DISPUTES BETWEEN YOU AND US (WITH LIMITED EXCEPTIONS) WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. THE AGREEMENT TO ARBITRATE ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THE AGREEMENT TO ARBITRATE CAREFULLY. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS AS DESCRIBED IN SECTION 17: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
j. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Function Health, Inc., Attention: Legal Dept., 600 Congress Ave Fl 14 Austin TX 78701 or [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#deb2bbb9bfb29eb8abb0bdaab7b1b0b6bbbfb2aab6f0bdb1b3), within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any opt-out notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or Function’s rights. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.
The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. During this period, either party has the option to ask the other to participate in an Information Dispute Resolution Conference as part of a good faith effort to resolve the Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference may be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.
Legal Rights & Agreement Rules · Restriction or exception
Both parties waive court and jury trial subject to the arbitration exceptions
Both parties generally waive court and jury trial in favor of arbitration, where there is no judge or jury and award review is limited. Small-claims and intellectual-property exceptions apply. A timely personal 30-day opt-out can avoid this arbitration agreement, but does not undo prior unopted-out agreements; valid earlier opt-outs remain honored. The specific invalidity provisions also preserve certain court routes.
Supporting quotations
b. Waiver of Jury Trial. YOU AND FUNCTION HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Function are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection above entitled “Agreement to Arbitrate”. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
a. Agreement to Arbitrate. This Section 17 is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disagreements, controversies, disputes, or claims that have arisen or may arise between you and Function, whether arising out of or relating in any way to these Terms (including any alleged breach thereof), the Service, the Site, the Mobile App, any advertising or communications you receive, or any aspect of the relationship or transactions between us (each a “Dispute”), shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that (i) you and Function may assert individual claims in small claims court, if such claims qualify and remain in small claims court; and (ii) you or Function may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or that involve facts occurring before the existence of this or any prior versions of the Terms, unless those disputes were noticed prior to these Terms becoming effective, as well as claims that may arise after the termination of these Terms. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the Law allows, seek relief against us on your behalf.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THIS AGREEMENT TO ARBITRATE IN SECTION 17 REQUIRES THAT ALL DISPUTES BETWEEN YOU AND US (WITH LIMITED EXCEPTIONS) WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. THE AGREEMENT TO ARBITRATE ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THE AGREEMENT TO ARBITRATE CAREFULLY. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS AS DESCRIBED IN SECTION 17: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
j. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Function Health, Inc., Attention: Legal Dept., 600 Congress Ave Fl 14 Austin TX 78701 or [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#deb2bbb9bfb29eb8abb0bdaab7b1b0b6bbbfb2aab6f0bdb1b3), within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any opt-out notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or Function’s rights. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.
Legal Rights & Agreement Rules · Restriction or exception
Claims generally must be individual, with limited severance and settlement exceptions
The Terms bar class, representative and collective adjudication and generally allow an arbitrator’s declaratory or injunctive relief only for the individual claimant’s needs. If a final unappealable ruling invalidates this limit for a particular claim or relief request, such as public injunctive relief, only that claim or request may proceed in Austin state or federal court; others remain in arbitration or small claims. Batch arbitration is preserved, and participation in a class-wide or mass settlement is permitted. These specific relief routes qualify the general anti-injunction wording elsewhere.
Supporting quotations
c. Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection below entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Function agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in Austin, TX. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Function from participating in a class-wide or mass settlement of claims.
b. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE: (i) YOU SHALL NOT, DIRECTLY OR INDIRECTLY, MAKE ANY EFFORT TO ENJOIN FUNCTION OR OTHERWISE RESTRAIN US FROM PROVIDING SERVICES; (ii) YOU ARE NOT ENTITLED TO ANY INJUNCTIVE OR EQUITABLE RELIEF IN CONNECTION WITH THESE SERVICES. THIS PROVISION APPLIES, WITHOUT LIMITATION, TO FUNCTION'S SERVICES RELATING TO: THE FACILITATION OF THIRD-PARTY LABORATORY SERVICES, THE RECEIPT OF LAB RESULTS, THE FACILITATION OF THIRD-PARTY TELEMEDICINE SERVICES, INFORMATION SHARING, RESEARCH, DATA COMPILATION AND ANALYSIS, AND CONTENT CREATION.
Cross-references
contrast (model-proposed): The Terms seek to restrict injunctions against Function’s services — contrast: Broad anti-injunction language coexists with specific individual arbitral relief and claim-specific court severance; these routes and legal limits remain visible.