Terms of Service

Legal Rights & Agreement Rules · Context

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.

Content & IP Rights · Context

FH Content excludes Personal Information and User Content

FH Content covers information, materials and intellectual property available through the services, including software, interfaces and multimedia. It expressly excludes Personal Information and User Content. This definition alone does not state ownership of all information you supply.

Supporting quotations

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.

Account & Service Control · Context

Lab Results exclude the report presentation and accompanying FH Content

Samples are members’ blood samples provided to independent laboratories for reporting through Function. Lab Results are the analyses of those samples, excluding their formatting, graphic representation and accompanying FH Content. Products encompasses products offered for sale or use with the services.

Supporting quotations

f. "Lab Results" refer to the results of any and all Sample analyses; however, Lab Results do not include the formatting of your Lab Results, the graphic representation of your Lab Results, or any other FH Content accompanying your or otherwise furnished in connection with your Lab Results obtained from independent third-party laboratories.

k. "Product(s)" refer to any and all products offered for sale and/or use in connection with our Services.

l. "Sample(s)" refer to any and all blood samples provided by Function's members to independent third-party laboratories for reporting in connection with Function's Services.

Charges & Financial Obligations · Context

Payment information and accepted payment methods are distinct

Payment Information means financially sensitive purchase information, such as card numbers, security codes, expiry dates and PINs. A Payment Method is a valid, current means accepted by Function, typically using that information.

Supporting quotations

h. "Payment Information" refers to your financially-sensitive information that enables a purchase, such as credit/debit card numbers, CVCs, expiration dates, and PINs.

i. "Payment Method," refers to a valid, current, accepted means of remitting payment for Services, as permitted by Function—typically by submitting valid, current, accepted Payment Information.

Data Access & Collection · Context

The Personal Information definition incorporates the separate Privacy Policy

The Terms refer to the Privacy Policy’s definition and include health background, Samples and Lab Results to the extent they are not protected health or medical information under HIPAA or other applicable law. Certain Payment Information may also be included. The separate Privacy Policy is not supplied here, so its fuller definition and treatment of legally protected information are not established by this card.

Supporting quotations

j. "Personal Information" refers to the same term defined in our Privacy Policy, including information relating to an individual's health background (e.g. medical history and related data, blood type, current health conditions/symptoms), Sample, and/or Lab Results (to the extent it is not considered "protected health information" or "medical information" that is protected under the Health Insurance Portability and Accountability Act of 1996 or other applicable law, as more specifically described in our Privacy Policy). "Personal Information" may also include certain Payment Information.

Account & Service Control · Context

Services include test access, reports, AI Chat and communications

Services include facilitating sample collection by third-party labs, access to results and reports, connections with third-party professionals for ordering tests and results, and health-related informational content. They also cover the website, app, AI Chat and access to third-party AI, messages, email, social accounts and FH Content. Function and its affiliates do not provide medical advice, care or opinions through these services, and use does not establish a doctor–patient relationship with them.

Supporting quotations

m. "Services" refer to any and all services arising out of and/or relating to Function, including without limitation the Site and Mobile App. Our Services includes, without limitation: (a) facilitating convenient access to third-party laboratory services for the purposes of collecting Samples, (b) providing convenient access to Lab Results in conjunction with those Samples and furnishing a detailed yet comprehensible and consumer-friendly report relating thereto, (c) facilitating opportunities to connect with third-party medical professionals regarding ordering of tests and related Lab Results, and (d) providing informational content relating to health, wellness, fitness, diet, and lifestyle, including but not limited to in connection with a set of parameters in Lab Results. Our Services further include, without limitation, our Site and Mobile App, as well as our software applications, including the generative-AI powered informational chatbot made available to you through our applications (“AI Chat”) or facilitating access to other third-party generative AI-powered applications and services, text and SMS messages, websites, emails, social media accounts, and the creation, publication, exhibition, and distribution of FH Content. NEITHER FUNCTION NOR OUR AFFILIATES PROVIDES ANY MEDICAL ADVICE, CARE, OR OPINIONS IN CONNECTION WITH OUR SERVICES, AND YOUR USE OF OUR SERVICES DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP WITH FUNCTION OR OUR AFFILIATES.

Content & IP Rights · Context

User Content excludes personal and protected medical information

User Content includes material you create, modify, post, provide, upload, send or share through the services. It expressly excludes passwords, contact details, Personal Information and legally protected health or medical information, which the Terms say have separate Privacy Policy rules. That policy’s text is not supplied here, so those separate rules are not described.

Supporting quotations

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 · 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.

Sharing & Disclosure · Context

Sharing results with a provider can make them part of medical records

Function advises discretion about sharing results and strongly discourages posting them on social media. If you give results or other Personal Information to a healthcare provider, they may become medical records accessible to insurers or other providers, subject to law. This is a warning about your disclosures, not a statement that Function automatically sends results to insurers.

Supporting quotations

e. You acknowledge that Function recommends your careful discretion in deciding what aspects of your Lab Results to share, how to share them (e.g., we strongly advise against posting Lab Results on social media), and with whom. You further acknowledge that, to the extent you disclose your Lab Results, or any other Personal Information, with a healthcare provider, such data and information may become part of your medical records and may thereby be available to insurance companies and/or other healthcare providers, except as limited by applicable law.

Account & Service Control · Restriction or exception

You must be an adult with authority to accept the obligations

Access represents that you have capacity and authorization to agree, pay for purchases, grant the stated rights, assume obligations and submit information for yourself or others. Users must be at least 18. Acting for another person requires permission; account creation for another adult specifically requires prior express written authority, and billing authority alone does not grant access to their health information.

Supporting quotations

Only Eligible Individuals May Use Our Services.

a. Eligibility. By accessing our Services, you represent that you are of sound mind and body to agree to our Terms and are in possession of the full rights and/or authorization to: (a) consent to our Terms, (b) agree to and pay for any purchase made by you, whether for your own benefit or the benefit of a third party, (c) authorize all rights and licenses herein granted to Function and assume all responsibilities, liabilities, debts, and obligations herein required of you, and (d) submit any Personal Information and other data and information provided in connection with our Services, whether for your own benefit or the benefit of a third party. You must be eighteen (18) years of age to make use of Function's Services.

b. You are allowed to create a single account for yourself, as an individual eighteen (18) years of age or older, in order to make use of our Services (an "Account"). You are also allowed to create an Account for each adult who has given you prior express written authorization to agree to these Terms and operate an Account on their behalf. You accept that, in order to create an Account, Function may require you to provide certain Personal Information and a login/password; this includes, without limitation furnishing a first and last name, date of birth, address, email address, race/ethnicity, height/weight, blood type, and information regarding your health history, your present health condition, and any symptoms. Such registration data and certain other information about you are governed by our Privacy Policy. You represent that you have provided and warrant that you will provide truthful, accurate, complete, up-to-date information at all times in connection with our Services; you further covenant that you will update any information that you furnish if, and as soon as, you learn that it is inaccurate, incomplete, and/or outdated; this applies, without limitation, to Personal Information. Only the Account holder, a person acting with the Account holder’s prior express written authorization acceptable to Function, or a person otherwise authorized under applicable law (e.g., a court-appointed guardian or an agent under a valid power of attorney) may manage an Account or request cancellation of a Subscription, closure or material modification of an Account, changes to payment or contact information, or a refund, Credit, or other financial adjustment. Authorization to manage billing or payment matters does not, by itself, authorize access to another User’s health or medical information, which remains subject to the User’s separate authorization and applicable law. Function may require identity verification and documentation reasonably sufficient to establish the requesting person’s authority before acting on a request and may decline or delay the request until that verification is completed. Merely paying for another person’s Subscription or Services, being related to that person, being identified as an emergency contact, or possessing that person’s login credentials does not by itself authorize a person to manage the Account or make requests on the Account holder’s behalf. Except as required by applicable law, Function will not act on a request made by anyone other than the Account holder or a verified authorized representative. Actions taken through the Account using the Account holder’s login credentials will be treated as authorized by the Account holder.

Account & Service Control · Restriction or exception

Competitors and other ineligible people may not use the services

Function may terminate access and cancel purchases for violations of these Terms or another agreement with it. Use is prohibited for restricted users, past, present or imminent competitors and those closely connected with them, people acting for others without permission, people whose legal obligations preclude use, and people unwilling to comply with all Terms.

Supporting quotations

b. Non-Eligibility. We reserve the right to terminate your use of and access to, our Services — and cancel any purchase thereunder — for any violation of our Terms or any provision of any other agreement between you and Function. Furthermore, you may not use our Services if you are:

i. Currently restricted or prohibited from using our Services;

ii. A past, present, or imminent competitor of Function and/or closely connected to one or more of our past, present, or imminent competitors;

iii. Acting on behalf of another person or entity without that person or entity's permission;

iv. Under a legal obligation that restricts and/or precludes your use of our Services; and/or

v. Otherwise unwilling to fully agree to and follow all of our Terms.

Account & Service Control · Procedure

Eligibility is not guaranteed; ineligible users must stop

Function does not guarantee every user meets its criteria. If you are or become ineligible, you must close the browser, stop use, and email the linked contact with subject “End Use” and your reasons. The saved text masks the email address, so it is not reproduced as a verified address.

Supporting quotations

c. No Guarantees re: Eligibility. While we make every effort to keep a tight-knit community based on strict eligibility criteria, we make no warranty or representation that every user satisfies our eligibility criteria; there may be ineligible individuals who still gain access to and/or use our Services.

d. Immediate Termination. You agree to close your browser window and cease from all further use of our Services if you are or become ineligible to use these Services. You further agree to email [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#94fcf1f8f8fbd4f2e1faf7e0fdfbfafcf1f5f8e0fcbaf7fbf9) with the subject "End Use" with details about your reason for ceasing all further use.

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.

Content & IP Rights · Permission or license

The personal-use license is revocable and does not waive fees

Eligible users receive a limited, nonexclusive license for personal, noncommercial use under the Terms. It cannot be assigned, transferred, sublicensed or delegated. Function may suspend, limit or revoke it for any reason without warning. Paid services still require payment and may require purchase information.

Supporting quotations

If Eligible, You Are Granted a Limited License to Make Use of Our Services.

a. As long as you remain eligible, you are granted a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, non-delegable, and fully revocable license to access and make use of our Services for personal, non-commercial use in accordance with these Terms. Function reserves the right to suspend, limit, or revoke this license, for any reason, with or without warning or notice, in our sole and absolute discretion.

i. You acknowledge and agree that this license, unto itself, does not grant you permission to use Services requiring payment without first remitting payment. You accept that, in order to receive certain Products and Services, you may be required to furnish Payment Information and remit payment, as directed by Function.

h. "Payment Information" refers to your financially-sensitive information that enables a purchase, such as credit/debit card numbers, CVCs, expiration dates, and PINs.

Content & IP Rights · Permission or license

Limited personal copying and built-in sharing are allowed

You may download or print a reasonable volume of FH Content, and download a single copy of an offered app, for personal noncommercial use in compliance with the Terms and any app agreements. Social sharing is allowed only as enabled by Function’s features. Automatic browser caching and incidental temporary RAM copies are allowed. FH Content excludes Personal Information and User Content.

Supporting quotations

ii. You are permitted to download and/or print a reasonable volume of FH Content for your personal, non-commercial use in compliance with the Terms. You are also permitted to download a single copy of any applications that we make available for your download, provided such download is for your personal, non-commercial use in compliance with the Terms and any additional agreements required for you to download, access, and/or use such an application. To the extent our features enable you to share FH Content via social media, you are permitted to share FH Content strictly as enabled by those features.

iii. You are permitted to store files that are automatically cached by your web browser. You are also permitted to temporarily store copies of FH Content in RAM, insofar as such storage is incident to your access and/or use of such FH Content.

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.

Cross-references

• narrows (model-proposed): Broad copying and commercial-use restrictions coexist with express personal-use permissions — exception_to: Express personal-copying, feature-sharing and cache permissions qualify broad no-copying language without transferring ownership.

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.

Cross-references

• contrast (model-proposed): The general no-beneficiary rule has express Apple and Google exceptions — contrast: The general exclusion of third-party beneficiaries coexists with explicit app-specific Apple beneficiary rights.

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.

Security & Safeguards · Permission or license

You consent to service discussions over unsecured electronic messages

Agreeing to the Terms consents to service-related email, text and other electronic messages that may be unsecured. Function warns these may be intercepted or viewed by people with device access, employers or internet intermediaries, including attachments and personal information. This is a confidentiality-risk notice, not a promise of secure delivery.

Supporting quotations

e. By entering into these Terms, you consent to the use of unsecured email, mobile phone text message, or other electronic methods of communication ("E-messages") between you and Function for purposes of discussing information relevant to the Services you receive from Function. You hereby acknowledge that E-Messages are typically not a confidential means of communication, and that there is a reasonable chance that a third-party (e.g. people in your home or other environments who can access your phone, computer, or other devices; your employer if using your work email or network; and/or third parties on the Internet, such as server administrators and others who monitor Internet traffic) may be able to intercept and see E-Messages, including without limitation any attachments thereto and content therein. You have been informed of the risks of transmitting your Personal Information by an unsecured means, including but not limited to the risk with respect to the confidentiality of such information.

Account & Service Control · User right or choice

Automated texts are optional despite the Terms’ communications consent

The Terms consent to automated SMS/MMS to account contacts even on Do Not Call lists; confirmation may be required. Participation is not required to use the services. To stop participating, notify Function directly, and promptly update a changed or deactivated number. Function adds no Text Service fee, but carrier rates apply; delivery and device compatibility are not guaranteed.

Supporting quotations

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.

There is no additional charge for the Text Service, but your mobile carrier’s or other service provider’s standard message and data rates apply to any messages you send or receive through the Text Service, including confirmations and subsequent texts. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any SMS or MMS messages, or other communications, as delivery is subject to effective transmission by your mobile carrier or other service provider and compatibility of your mobile device. Please contact your mobile carrier or other service provider if you have any questions regarding these issues or your mobile data and messaging plan or services.

Charges & Financial Obligations · Restriction or exception

Carrier charges and delivery limits apply to text messages

Function does not charge extra for the Text Service, but carrier message and data rates apply. Features may be restricted or incompatible, and Function disclaims liability for delays and delivery failures dependent on carriers or devices.

Supporting quotations

There is no additional charge for the Text Service, but your mobile carrier’s or other service provider’s standard message and data rates apply to any messages you send or receive through the Text Service, including confirmations and subsequent texts. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any SMS or MMS messages, or other communications, as delivery is subject to effective transmission by your mobile carrier or other service provider and compatibility of your mobile device. Please contact your mobile carrier or other service provider if you have any questions regarding these issues or your mobile data and messaging plan or services.

Account & Service Control · User right or choice

Text STOP to cancel; broader opt-out requires contacting Function

Text participation is optional. You may text STOP to cancel and HELP for support information; cancellation includes a final confirmation message. Texts also carry account, purchase and imaging reminders. To opt out of all communications, contact Function at the linked email, although this may impair effective service use. The saved text masks that email address.

Supporting quotations

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.

You will also receive information, communications, updates and reminders about your account and the Products you purchase (including, as applicable, any scheduled Imaging Services) via the Text Service. If you would like to opt out of all communications from us, including information, communications, updates and reminders about your account and the Products you purchase please contact us at [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#046c6168686b4462716a67706d6b6a6c616568706c2a676b69), however, you acknowledge that this may affect your ability to effectively use the Services.

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.

Sharing & Disclosure · Restriction or exception

You must have consent for automated invitation texts

You may invite others by supplying numbers or selecting uploaded contacts. Asking Function to send an automated invitation represents that invitees consent and that you are authorized to convey their consent.

Supporting quotations

You can invite others to use the Services through the Text Service by providing the numbers of those you want to invite or by selecting the individuals you want to invite from your contacts list (if you have uploaded one). By asking us to invite others to use the Service, you represent to us that those you invite consent to receive the automated invitation messages and that you are authorized to convey that consent to us.

Account & Service Control · User right or choice

You may end use or request account deletion by email

You may deactivate or delete your account, stop use or terminate the agreement at any time by emailing the linked Function contact. The saved text masks that email address. Doing so does not automatically create a refund or credit right and may cause deletion and loss of stored or shared data at Function’s discretion. The Terms preserve permitted retention rather than guaranteeing deletion of every record.

Supporting quotations

g. You may elect to deactivate your account with Function, cease using our Services, delete your Account, and/or terminate your agreement to these Terms at any time by sending an email to [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#b1d9d4dddddef1d7c4dfd2c5d8dedfd9d4d0ddc5d99fd2dedc).

i. You acknowledge and agree that your decision to deactivate, cease or end usage, and/or terminate this Agreement does not automatically entitle you to a credit, rebate, refund, or discount and may result in the removal and/or deletion of your Account, your Personal Information, and/or your User Content, at Function's sole election and discretion. Note that doing so may result in deletion of all of your data and information stored on the Services or shared via the Services, and we will bear no responsibility for such loss of data or information; provided that we may retain any information or data as permitted under these Terms and subject to our rights under the Privacy Policy, or as may be necessary or advisable in order to comply with any applicable law, rule, statute, order or regulation.

Retention & Deletion · Company practice

Account deletion does not require deletion of all retained information

Function may retain and use Personal Information after account deletion as permitted by law. It reserves retention permitted by these Terms and the Privacy Policy, or necessary or advisable for legal compliance. The separate Privacy Policy is not supplied here, so this card does not establish a retention period or its fuller retention rules.

Supporting quotations

i. You acknowledge and agree that your decision to deactivate, cease or end usage, and/or terminate this Agreement does not automatically entitle you to a credit, rebate, refund, or discount and may result in the removal and/or deletion of your Account, your Personal Information, and/or your User Content, at Function's sole election and discretion. Note that doing so may result in deletion of all of your data and information stored on the Services or shared via the Services, and we will bear no responsibility for such loss of data or information; provided that we may retain any information or data as permitted under these Terms and subject to our rights under the Privacy Policy, or as may be necessary or advisable in order to comply with any applicable law, rule, statute, order or regulation.

iii. As permitted by applicable law, Function may still retain and use your Personal Information after you have deleted your Account. For more information, please review our Privacy Policy.

Not stated here

• Function may retain and use Personal Information after account deletion as permitted by law. It reserves retention permitted by these Terms and the Privacy Policy, or necessary or advisable for legal compliance. The separate Privacy Policy is not supplied here, so this card does not establish a retention period or its fuller retention rules.

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.

Use & Processing · Permission or license

AI Chat shares inquiries with AI tools and processes interactions

AI Chat uses generative AI, including third-party tools, to respond to prompts and questions. By using it, you authorize sharing all inquiries and other User Content made available to it with those tools to fulfill requests and as described in the Terms, and consent to monitoring, recording and processing interactions. Responses are FH Content; User Content excludes the defined personal and protected medical categories. The clause also subjects AI tools to the cited third-party terms in Section 11.

Supporting quotations

a. AI Chat is a generative AI-powered chatbot that responds to your Inquiries with automatically generated replies. Users can input prompts, questions, and inquiries (collectively, “Inquiries”) and AI Chat is designed to provide output, replies, and responses to facilitate access to general resources and information related to your Inquiries (each, a “Response” and collectively, “Responses”). Any such Responses constitute “FH Content” as defined herein. AI Chat leverages certain generative AI tools (including artificial intelligence and deep learning platforms, algorithms, tools and models made available by third parties) (collectively the “AI Tools”) to collect, analyze, and respond to Inquiries. By using AI Chat, you hereby consent, authorize and direct Function to share and otherwise disclose all Inquiries and other User Content you provide or otherwise make available to AI Chat with the AI Tools in order to complete your request, process and respond to your Inquiries and as otherwise described in these Terms. For the avoidance of doubt, AI Tools are subject to the terms and conditions under Section 11 below and you consent to the monitoring, recording and other processing of your AI Chat interactions.

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.

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

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.

Account & Service Control · Restriction or exception

AI Chat prohibits harmful content, clinical services and protected health information

You may not use AI Chat, or permit others to use it, for illegal acts, rights violations, abuse, deception, privacy invasions, adult or violent content, harm to people or animals, commercial exploitation of political hot-button issues, hate speech, unauthorized photographs or confidential material, harming or soliciting information from minors, disguised origins or deanonymizing users. The restrictions also prohibit receiving or providing clinical services and submitting HIPAA-protected health information. Function may judge content otherwise objectionable in its discretion.

Supporting quotations

b. You represent to us that you are not using AI Chat for the purpose of seeking medical attention, care, or advice. Additionally, as a condition of use, you agree not to (and shall not permit any third party to) make available any User Content or take any action using AI Chat that: (a) may constitute, contribute to, depict, or encourage a crime, illegal or terrorist activity, or a violation or infringement of any third party’s rights; (b) is unlawful, harmful, threatening, abusive, harassing, inflammatory, defamatory, libelous, discriminatory, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, vulgar, hateful, or is racially, ethnically, or otherwise objectionable (in our sole discretion); (c) posts or submits a photograph of another person without that person’s permission; (d) contains adult content, including obscene, pornographic, and/or sexual terms, descriptions and/or images, nudity, profanity, or graphic violence; (e) may create a risk of, glorify, encourage, or threaten violence, harm, physical or mental injury, emotional distress, death, disability, disfigurement, self-harm, or any other loss or damage to you or any other person or to any animal or to any property; (f) exploits political agendas or “hot button” issues for commercial use, or that contains hate speech based upon the race, sex, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of an individual or group; (g) you do not have the right to make available or to take under any law under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (h) harms minors in any way, or solicits or otherwise attempts to gain any information from a minor; (i) forges headers or otherwise manipulates identifiers in order to disguise the origin of any content or other materials transmitted to or through the Chat Offerings; (j) attempts to identify any anonymous user; (k) may constitute the receipt or provision of clinical services, including but not limited to the practice of medicine; or (l) submit protected health information (as defined in the Health Insurance Portability and Accountability Act, as amended, and its implementing regulations).

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.

Account & Service Control · Restriction or exception

Abusive content and false endorsement can lead to enforcement

The conduct rules prohibit abuse, threats, hate speech, obscene or sexual content, defamation or disparagement, offering professional advice, implying Function endorsement or affiliation, and disrupting operations. Function may investigate, remove content, suspend or terminate accounts, take legal action and report violations to law enforcement in its discretion.

Supporting quotations

x. harassment, trolling, intimidation, stalking, hate speech, bigotry, racism, prejudice, threats of violence, and/or any other abusive conduct;

xi. obscene, lewd, sexually explicit, and/or pornographic content;

xii. slander, defamation, libel or disparagement;

xiii. an effort to offer or render professional advice (e.g., medical, financial);

xiv. any implication of an affiliation with or endorsement by Function; and/or

xv. an effort to disrupt or interfere with our Services and/or business operations.

Function reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates this provision, including without limitation, removing any offending content from the Services, suspending or terminating the Account of such violators and reporting you to the law enforcement authorities.

Security & Safeguards · Restriction or exception

Malware, phishing, spam and harmful solicitation are prohibited

You may not introduce malicious code or conduct, including phishing, harvesting, spam, viruses and similar threats. Deceptive business practices, unsolicited or unauthorized advertising, chain letters, junk mail, pyramid schemes and solicitation impairing other users’ enjoyment are also prohibited.

Supporting quotations

c. You promise that, in the course of using our Services, you shall not introduce and/or circulate malicious content, code, files, or programs, or otherwise engage in malicious conduct. Among other things, you acknowledge and agree that you are not permitted to engage in phishing, harvesting, spamming, or the introduction or circulation of viruses, spyware, worms, Trojan Horses, Easter eggs, keystroke loggers, time bombs, or logic bombs. Furthermore, in connection with our Services, you shall not engage in deceptive business practices, pursue unsolicited and/or unauthorized marketing or advertising, circulate a chain letter or junk mail, or facilitate or participate in a pyramid scheme, or undertake any other form of solicitation that adversely impacts one or more other user's ability to use and/or enjoy our Services.

Security & Safeguards · Restriction or exception

Do not disrupt Function or connected third-party systems

You must not impair, overload, damage, alter or interfere with Function, affiliate, licensor or provider technologies and operations, including scheduling, messaging, records, laboratory and telemedicine services. Online and physical attacks, including denial-of-service attacks, are prohibited.

Supporting quotations

d. You shall not make efforts to impair, disrupt, overburden, damage, or interfere with the proper working order of any technologies, systems, or operations, belonging to Function, our Affiliates, our licensors, and/or any of our third-party providers. Under no circumstances shall you make efforts to modify or alter any aspect of our Services or the services of our Affiliates, licensors, and/or third-party providers. This paragraph includes but is not limited to a restriction on manipulation and/or interference with our websites, applications, scheduling systems and services, messaging systems and services, storefront technologies systems, and recordkeeping systems, as well as third-party blood draw services, third-party telemedicine service, and other third-party services arising out of and/or relating to our Services. You shall not attack our Services in any fashion, online or in person, including without limitation by a denial-of-services or distributed denial-of-services attack.

Content & IP Rights · Restriction or exception

Reverse engineering is barred except where that restriction is forbidden by law

The Terms prohibit deriving, reverse engineering, modifying, copying, mimicking or rebranding service features and showing FH Content out of context, except to the extent such a restriction is expressly forbidden by law. FH Content may not be used to develop programs or services leveraging the services.

Supporting quotations

e. Under no circumstances shall you make efforts to decompile, disassemble, reverse engineer, translate, render generically, modify, mimic, duplicate, or otherwise derive any aspect, feature, function, or detail concerning or relating to our Services, except to the extent that such a restriction is expressly forbidden by law; this clause includes, but is not limited to the modification, mimicking, duplication and/or rebranding any FH Content and/or any technology relating to our Services, as well as the display of FH Content separate from accompanying text or otherwise out of full context. You are not permitted to use the FH Content to develop any functions, programs, applications, technologies, or services that leverage the Services.

Content & IP Rights · Restriction or exception

Scraping and linking restrictions include a public-search-engine exception

The Terms restrict automated indexing and extraction, deep linking, framing, mirroring, hidden text using FH Content without written consent, removal of proprietary notices, DRM circumvention and security bypasses. Public search engines receive a limited, revocable, nonsublicensable right to crawl and link solely to build a legitimate public index of publicly facing site content. Separate express permissions allow reasonable personal copies, feature-enabled sharing and incidental caching; the broad copying language should be read with those limits.

Supporting quotations

f. You shall not make efforts to index, copy, extract, download, or otherwise copy or retrieve any of aspect of our Services, including without limitation the FH Content; this includes, without limitation, a prohibition on use of a spider, data miner, crawler, robot, or similar tool. You are not permitted to link or deep-link to our Site or any of our other Services. You may not utilize framing or mirroring techniques to enclose any item of FH Content (e.g., logo, name, text, images), and you are forbidden from using "hidden text" that references the FH Content without the prior express written consent of Function and/or our third-party licensor(s). You may not and shall not: (i) delete, alter, or remove any copyright designations or notices, trademark designations or notices, or other proprietary designations or notices; or (ii) circumvent any digital rights management systems in connection with our Services; (ii) disable, disarm, bypass, or hack around any of our security systems. Notwithstanding the foregoing, operators of public search engines are granted a limited, revocable, non-sublicensable right to use spiders and provide links in connection with the FH Content strictly to assist in the legitimate development of a public index that reflects content and information appearing in publicly-facing areas of our Site.

ii. You are permitted to download and/or print a reasonable volume of FH Content for your personal, non-commercial use in compliance with the Terms. You are also permitted to download a single copy of any applications that we make available for your download, provided such download is for your personal, non-commercial use in compliance with the Terms and any additional agreements required for you to download, access, and/or use such an application. To the extent our features enable you to share FH Content via social media, you are permitted to share FH Content strictly as enabled by those features.

iii. You are permitted to store files that are automatically cached by your web browser. You are also permitted to temporarily store copies of FH Content in RAM, insofar as such storage is incident to your access and/or use of such FH Content.

Content & IP Rights · Restriction or exception

Commercial exploitation requires prior express written consent

Services are for personal noncommercial use. Selling, renting, copying, modifying, licensing, publishing, distributing or otherwise exploiting them or FH Content requires prior express written consent from Function or the relevant licensor, subject to the Terms’ express limited personal-copying permissions.

Supporting quotations

g. During the course of using our Services, you shall not sell, resell, rent, lease, barter, recreate or reproduce, duplicate, copy, modify, create derivative works from, license, sublicense, distribute, publish, perform, transmit, transfer, display, distribute, exhibit, exploit, or otherwise make commercial use of any aspect of our Services, including without limitation any item or aspect of FH Content, without the prior express written consent of Function and/or our applicable third-party licensor. The Services are solely for your personal, non-commercial use.

ii. You are permitted to download and/or print a reasonable volume of FH Content for your personal, non-commercial use in compliance with the Terms. You are also permitted to download a single copy of any applications that we make available for your download, provided such download is for your personal, non-commercial use in compliance with the Terms and any additional agreements required for you to download, access, and/or use such an application. To the extent our features enable you to share FH Content via social media, you are permitted to share FH Content strictly as enabled by those features.

iii. You are permitted to store files that are automatically cached by your web browser. You are also permitted to temporarily store copies of FH Content in RAM, insofar as such storage is incident to your access and/or use of such FH Content.

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.

Use & Processing · Permission or license

Function’s sample-handling limit has an express-authorization exception

Unless you expressly authorize otherwise, Function and third parties acting on its behalf do not collect, store, analyze or retain samples. The adjacent clause expressly authorizes affiliated contractors and providers to receive, handle, store, transport and analyze samples for facilitated laboratory testing and medical care directly for you. This is not a blanket promise that laboratories never retain samples; their separate terms govern their handling and are not supplied here.

Supporting quotations

b. Except as you may otherwise expressly authorize, Function (or any third-party on behalf of Function) does not collect, store, analyze, or retain any Samples during the course of providing our Services. Please consult the terms and conditions of your laboratory services provider, for more information regarding the collection, storage, analysis and retention of any Sample you provide to a laboratory service provider that is facilitated through our Services.

c. In furtherance of facilitating third-party laboratory testing and medical care services directly for you, you hereby expressly permit affiliated contractors and providers to (i) receive, handle, store, transport, and analyze your Sample; (ii) transmit and disclose documents and files containing and/or reflecting Personal Information (including without limitation Lab Results) (1) within and among one other as necessary to furnish and/or facilitate the Services and (2) to persons and/or entities whom you specifically designate for receipt of your Lab Results.

Not stated here

• Unless you expressly authorize otherwise, Function and third parties acting on its behalf do not collect, store, analyze or retain samples. The adjacent clause expressly authorizes affiliated contractors and providers to receive, handle, store, transport and analyze samples for facilitated laboratory testing and medical care directly for you. This is not a blanket promise that laboratories never retain samples; their separate terms govern their handling and are not supplied here.

Sharing & Disclosure · Permission or license

Contractors and providers may share results to facilitate your services

For facilitated testing and medical care directly for you, you authorize affiliated contractors and providers to transmit documents containing Personal Information, including Lab Results, among themselves as necessary for the services and to recipients you specifically designate for your results. This does not establish unrestricted sharing with all third parties.

Supporting quotations

c. In furtherance of facilitating third-party laboratory testing and medical care services directly for you, you hereby expressly permit affiliated contractors and providers to (i) receive, handle, store, transport, and analyze your Sample; (ii) transmit and disclose documents and files containing and/or reflecting Personal Information (including without limitation Lab Results) (1) within and among one other as necessary to furnish and/or facilitate the Services and (2) to persons and/or entities whom you specifically designate for receipt of your Lab Results.

Cross-references

• qualifies (model-proposed): Function’s sample-handling limit has an express-authorization exception — qualifies: Affiliated care providers receive express sample and service-disclosure authorizations; the general no-sample-handling statement has an express-authorization exception.

Sharing & Disclosure · Permission or license

Legally required disclosures may occur without another notice or consent

Function and providers, laboratories, professionals, vendors and suppliers may have independent legal or reporting duties. You authorize disclosures of personal, health and other information required to meet them, including to public-health, regulatory, law-enforcement or government bodies, without further notice or authorization to the extent permitted or required by law and consistent with the Privacy Policy. That policy’s separate text is not supplied here.

Supporting quotations

d. You acknowledge and agree that Function and its third-party providers, laboratories, medical professionals, vendors, and suppliers may have independent legal, regulatory, public health, or reporting obligations under applicable federal, state, or local laws, rules, or regulations. You expressly authorize Function and such third parties to disclose Personal Information, health information, and other data as required to comply with such obligations, including without limitation reporting to public health authorities, regulatory agencies, law enforcement, or other governmental entities, without further notice to or authorization from you, to the extent permitted or required by law and consistent with Function’s Privacy Policy.

Not stated here

• Function and providers, laboratories, professionals, vendors and suppliers may have independent legal or reporting duties. You authorize disclosures of personal, health and other information required to meet them, including to public-health, regulatory, law-enforcement or government bodies, without further notice or authorization to the extent permitted or required by law and consistent with the Privacy Policy. That policy’s separate text is not supplied here.

Account & Service Control · User right or choice

You may choose outside providers and request information integration

Function may facilitate connections with providers including labs, telemedicine, payments, data services, AI and health-product providers, and provide access to third-party content or offerings. You remain free to choose any medical provider or lab. On request, Function will use best efforts to integrate information you supply from your chosen providers; it does not promise every integration will succeed.

Supporting quotations

Function Offers and Utilizes Third-Party Services and Products; However, We Are Not Responsible or Liable for Those Third Parties or Their Services or Products.

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

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.

Cross-references

• contrast (model-proposed): The whole agreement includes accepted service consents and the Privacy Policy — contrast: General Function-term priority coexists with express third-party product-term precedence limited to the applicable offering.

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.

Sharing & Disclosure · Restriction or exception

Third-party privacy practices and reporting duties remain separate

Function disclaims control over third-party terms and privacy practices, even for facilitated offerings, and requires a release for related claims to the fullest extent law allows. It recommends reviewing their terms before use. The clause specifically includes independent reporting duties: the supplied reporting provision authorizes required disclosures, without further notice or consent only as permitted or required by law and consistent with Function’s Privacy Policy. Third-party policies and the separate Privacy Policy are not supplied here.

Supporting quotations

f. YOU ACKNOWLEDGE AND AGREE THAT NEITHER FUNCTION NOR OUR AFFILIATES HAS ANY CONTROL, INPUT, OR AUTHORITY WITH RESPECT TO ANY THIRD PARTY'S TERMS OF SERVICE, PRIVACY POLICY, OR RELATED POLICIES AND PRACTICES — INCLUDING WITHOUT LIMITATION POLICIES AND PRACTICES RELATING TO THE COLLECTION, STORAGE, AND USE OF YOUR PERSONAL INFORMATION — EVEN IF FUNCTION INCORPORATES, LINKS TO, RELIES ON, OFFERS, FEATURES, AND/OR OTHERWISE FACILITATES ACCESS TO THE OFFERINGS OF SUCH THIRD PARTIES. THIS INCLUDES, WITHOUT LIMITATION, DISCLOSURES REQUIRED TO SATISFY INDEPENDENT LEGAL OR REGULATORY REPORTING OBLIGATIONS AS DESCRIBED IN SECTION 10(d). 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 TERMS OF SERVICES PRIVACY POLICY, AND/OR RELATED POLICIES AND PRACTICES. YOU FURTHER ACKNOWLEDGE THAT FUNCTION STRONGLY RECOMMENDS THAT, FOR ALL THIRD-PARTY OFFERINGS YOU ENCOUNTER IN CONNECTION WITH OUR PRODUCTS AND SERVICES, YOU CAREFULLY REVIEW ALL APPLICABLE TERMS OF SERVICE, PRIVACY POLICIES, AND RELATED POLICIES AND PRACTICES PRIOR TO ACCESSING, USING, AND/OR INTERACTING WITH SUCH OFFERINGS.

d. You acknowledge and agree that Function and its third-party providers, laboratories, medical professionals, vendors, and suppliers may have independent legal, regulatory, public health, or reporting obligations under applicable federal, state, or local laws, rules, or regulations. You expressly authorize Function and such third parties to disclose Personal Information, health information, and other data as required to comply with such obligations, including without limitation reporting to public health authorities, regulatory agencies, law enforcement, or other governmental entities, without further notice to or authorization from you, to the extent permitted or required by law and consistent with Function’s Privacy Policy.

Not stated here

• Function disclaims control over third-party terms and privacy practices, even for facilitated offerings, and requires a release for related claims to the fullest extent law allows. It recommends reviewing their terms before use. The clause specifically includes independent reporting duties: the supplied reporting provision authorizes required disclosures, without further notice or consent only as permitted or required by law and consistent with Function’s Privacy Policy. Third-party policies and the separate Privacy Policy are not supplied here.

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.

Charges & Financial Obligations · Restriction or exception

Function gives no insurance-coverage or reimbursement guarantee

Function and affiliates disclaim representations about insurance or healthcare policies and benefits. To the fullest extent law permits, you release claims concerning coverage, reimbursement or acceptance. Separately, the services are private-pay and are not themselves insurance.

Supporting quotations

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

c. The Services are not insurance products. The Services are not health insurance or a substitute for health insurance, and the amounts you pay (or an authorized third-party pays on your behalf) for the Services are not insurance premiums. The Services do not meet any individual health insurance mandate under federal or state law. If you desire any type of health or other insurance coverage, you will need to acquire such insurance separately.

Content & IP Rights · Company practice

Content may be removed without notice, but prior review is not guaranteed

Function does not guarantee reviewing user or third-party content before publication or responding to content problems and disclaims responsibility and an obligation to control it. It reserves the right to delete any content at any time for any reason without notice, cause or consent. These moderation terms do not change the definition excluding personal and protected medical information from User Content.

Supporting quotations

k. FUNCTION DOES NOT GUARANTEE THAT WE WILL AUDIT, ANALYZE, OR REVIEW USER CONTENT OR OTHER THIRD-PARTY CONTENT BEFORE IT GOES LIVE. NEITHER FUNCTION, NOR OUR AFFILIATES IS IN ANY WAY RESPONSIBLE FOR WHAT IS PUBLISHED AS USER CONTENT OR OTHER THIRD-PARTY CONTENT IN CONNECTION WITH OUR SERVICES, AND WE ARE UNDER NO OBLIGATION TO EDIT OR CONTROL USER CONTENT OR OTHER THIRD-PARTY CONTENT. WHILE WE LIKE TO MAKE EFFORTS TO HELP OUR USERS, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING RESPONDING TO USER CONTENT ISSUES, THIRD PARTY CONTENT ISSUES, OR OTHER ISSUES ARISING OUT OF, OR RELATING TO OUR SERVICES; IT IS POSSIBLE THAT YOUR ISSUE MAY GO UNADDRESSED. THAT SAID, WE RESERVE THE RIGHT TO DELETE ANY USER CONTENT OR ANY OTHER CONTENT AT ANY TIME FOR ANY REASON WITHOUT NOTICE, CAUSE, OR CONSENT.

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

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.

Charges & Financial Obligations · Procedure

Subscriptions recur at the chosen interval until canceled

Subscription fees are billed from commencement and at the elected regular interval until cancellation. Function may change billing timing and prices and will use commercially reasonable efforts to notify affected users of price changes; users may cancel if they disagree. Function owes no service until it confirms acceptance. Direct purchases must be canceled before the effective or renewal date through Account Settings or the linked contact; cancellation generally takes effect at cycle end.

Supporting quotations

b. Subscriptions. If you purchase access to certain features and functionality of the Services on a recurring basis (a “Subscription”), the fee for such Subscription (“Service Subscription Fee”) will be billed at the start of the Subscription (“Subscription Service Commencement Date”) and continuously at regular intervals in accordance with your elections at the time of purchase until you cancel your Subscription. Function reserves the right to change the timing of our billing. Function reserves the right to change the Subscription pricing at any time. If changes to the Subscription price occur that impact your Subscription, Function will use commercially reasonable efforts to notify you, such as by sending an email to the email address associated with your Account. If you do not agree with such changes, you may cancel your Subscription as set forth in Section 13(b)(ii). Function is not obligated to provide the Service to you until Function accepts your order by a confirmatory email, SMS/MMS message, or other appropriate means of communication.

(ii) Cancelling Subscriptions Purchased via Function. If you wish to cancel your Subscription or do not wish your Account to renew automatically, you may do so prior to the date your subscription takes effect or renews by logging into and going to the “Change/Cancel Membership” page of your “Account Settings” at my.functionhealth.com and interacting as necessary with the cancellation interface, or by contacting Function at [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#7a121f1616153a1c0f14190e131514121f1b160e1254191517). If you did not purchase your Subscription directly from Function, please refer to the party or method through which you purchased your Subscription for cancellation instructions. Your cancellation generally will take effect at the end of the billing cycle in which you cancel, and you will maintain access to your Account until then.

Charges & Financial Obligations · Permission or license

Renewal charges continue until canceled, with special Family Plan payer rules

Subscriptions renew at the then-current price and frequency chosen at signup, with authorization to charge the designated method. A failed renewal can lead to demand for payment, suspension or termination and continued collection attempts; payment starts the reactivated renewal period. For a Family Plan funded Seat, the Payer alone owes the agreed Seat charge: the Sponsored Member is not charged or pursued if the Payer fails unless they separately affirmatively elect and authorize self-payment. Separate add-ons and direct lab fees remain their responsibility.

Supporting quotations

(i) Automatic Renewal. If you elect to purchase a Subscription, your Subscription will continue and automatically renew at Function’s then-current price for such Subscription until terminated in accordance with this Agreement. The frequency at which your Subscription renews (i.e., monthly, annually, etc.) will be designated at the time you sign up for the Subscription. By subscribing, you authorize Function to charge the payment method designated in your Account now, and again at the beginning of any subsequent Subscription period. Upon renewal of your Subscription, if Function does not receive payment, (i) you shall pay all amounts due on your Account upon demand and/or (ii) you agree that Function may either terminate or suspend your Subscription and continue to attempt to charge your designated payment method until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new Subscription commitment period will begin as of the day payment was received).

Notwithstanding Sections 13(a) and 13(b)(i), the Payer, and not the Sponsored Member, is financially responsible for Seat charges that the Payer has agreed to fund. While Sponsorship remains active, the Payer’s authorization governs the recurring charges for the applicable Seat, and Function will not charge the Sponsored Member’s personal Payment Method for those charges. If the Payer’s payment fails or the Payer otherwise fails or refuses to pay a Payer-funded Seat charge, Function may take the actions permitted under this Section 21 but will not seek payment of that charge from the Sponsored Member unless the Sponsored Member separately and affirmatively elects self-payment and authorizes the applicable charge. This does not affect any Add-On Service, direct laboratory fee, or other charge for which the Sponsored Member is separately responsible under these Terms.

Charges & Financial Obligations · User right or choice

Cancel direct subscriptions before renewal through Account Settings or Function

For direct purchases, use the Change/Cancel Membership interface at my.functionhealth.com Account Settings or contact the linked Function email before the subscription takes effect or renews. For purchases elsewhere, follow that seller’s cancellation instructions. Cancellation generally becomes effective at the end of the billing cycle with access maintained until then. The stored email text is masked.

Supporting quotations

(ii) Cancelling Subscriptions Purchased via Function. If you wish to cancel your Subscription or do not wish your Account to renew automatically, you may do so prior to the date your subscription takes effect or renews by logging into and going to the “Change/Cancel Membership” page of your “Account Settings” at my.functionhealth.com and interacting as necessary with the cancellation interface, or by contacting Function at [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#7a121f1616153a1c0f14190e131514121f1b160e1254191517). If you did not purchase your Subscription directly from Function, please refer to the party or method through which you purchased your Subscription for cancellation instructions. Your cancellation generally will take effect at the end of the billing cycle in which you cancel, and you will maintain access to your Account until then.

Charges & Financial Obligations · Restriction or exception

Included testing must be completed within its subscription period

Unless Function expressly says otherwise, included annual, midyear or other tests require specimen collection before the relevant subscription period ends and compliance with scheduling, eligibility, clinical, laboratory and service requirements. Unused benefits expire without rollover or extension; renewal does not restore prior-period tests.

Supporting quotations

(iii) Subscription Period and Testing Opportunities. Unless Function expressly provides otherwise, Subscription benefits, including, without limitation, any annual, mid-year, or other included laboratory testing opportunity, must be used during the Subscription period in which the benefit is made available. To use an included testing opportunity, you must complete the applicable specimen collection before the end of that Subscription period and comply with any applicable scheduling, eligibility, clinical, laboratory, and Service requirements. Any included testing opportunity that is not used before the applicable Subscription period ends will expire and will not roll over, extend, or remain available during a renewal or subsequent Subscription period. Renewal of a Subscription makes the benefits applicable to the new Subscription period available but does not restore or extend any unused benefit from a prior period.

Charges & Financial Obligations · Restriction or exception

Sales taxes may be added, and unpaid tax liability remains yours

Fees exclude applicable sales, use and equivalent sales-proceeds taxes. Function collects where legally obligated. If you have not remitted applicable taxes to it, you owe the authority any tax, penalties or interest and must indemnify Function for associated liability or expense. It may request official receipts or other proof of payment.

Supporting quotations

c. Taxes. The fees do not include any Sales Tax (defined below) that may be due in connection with the Service provided under this Agreement. If Function determines it has a legal obligation to collect Sales Tax from you in connection with this Agreement, Function shall collect such Sales Tax in addition to the fees. If any services, or payments for any services, under this Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Function, you shall be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you shall indemnify Function for any liability or expense Function may incur in connection with such Sales Taxes. Upon Function’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.,

Charges & Financial Obligations · Procedure

Retail membership begins on code redemption, not purchase

Function may offer membership through authorized online or in-store retailers. Online purchases are charged at purchase; membership starts only when the code is redeemed on Function’s site or as directed. Codes may arrive electronically or physically, and an in-store code may need activation at checkout. Redeem before the disclosed expiration; the purchased duration remains valid despite later standard-price changes. Packaging or retailer materials may state additional conditions not supplied here.

Supporting quotations

d. Membership Purchases through Third-Party Sellers. You may be able to purchase a Function membership through authorized third-party ecommerce and in-store retailers, made available by Function in its sole discretion. As applicable for online (ecommerce) orders, you will be charged for your purchase of the membership at the time of purchase, not delivery. When you make such a purchase, you will receive a redemption code (the “Membership Code”) that you must redeem on the Function website at www.functionhealth.com or as otherwise stated on the third-party seller platform or in an associated communication. You agree and understand that your membership is not active (and the membership time period does not commence) until you redeem the Membership Code on the Function website.

For online purchases, the Membership Code may be delivered to you via email or via physical delivery (i.e., mailed to you). If you make your purchase at an in-store retailer, your Membership Code may not be usable unless it is appropriately activated at the time of purchase. Your Membership Code remains valid (until expiration) for a membership in the duration indicated regardless of whether Function’s standard price for the same membership duration changes after you make your purchase. You must use the Membership Code provided to you to redeem the membership on the Function website prior to any expiration indicated at the time of purchase. Consult the packaging or other materials provided with your Membership Code for information regarding how long it remains valid for redemption and for any additional terms or information.

Not stated here

• Function may offer membership through authorized online or in-store retailers. Online purchases are charged at purchase; membership starts only when the code is redeemed on Function’s site or as directed. Codes may arrive electronically or physically, and an in-store code may need activation at checkout. Redeem before the disclosed expiration; the purchased duration remains valid despite later standard-price changes. Packaging or retailer materials may state additional conditions not supplied here.

Charges & Financial Obligations · Restriction or exception

Membership codes are single-use and have restricted transfer and redemption

Codes may be used once for an eligible membership before expiration. They cannot be partially redeemed, resold, combined with offers or purchases, used for unauthorized promotions or exchanged for cash except where law requires. They are generally nontransferable, but gifting to a recipient is expressly allowed.

Supporting quotations

A Membership Code can only be redeemed once and only for an eligible membership made available by Function and in accordance with these Terms. Your purchased Membership Code is not transferable (except as expressly permitted herein) and is subject to expiration as indicated. A Membership Code cannot be redeemed for cash (unless required by applicable law), resold, partially redeemed, or combined with any other offers or any other purchases. Membership Codes may not be used for unauthorized advertising, marketing, sweepstakes or other promotional purposes.

You may choose to provide the Membership Code that you have purchased as a gift (such recipient of the gift, a “Recipient”). Neither you nor your Recipient (if applicable) is eligible for any refund or other credits arising out of or related to a Membership Code that is not redeemed in accordance with these Terms. Function is not responsible for and assumes no liability for any Membership Code you gift to a Recipient. Your Membership Code cannot be replaced, and Function is not responsible, if it is lost, stolen or otherwise used by someone other than yourself or the intended Recipient without permission. Function assumes no liability for any Membership Code acquired in violation of these Terms, including without limitation any Membership Code purchased from an unauthorized third-party seller or a reseller.

Charges & Financial Obligations · Restriction or exception

Unredeemed or lost membership codes carry no promised refund or replacement

The Terms deny refunds or credits for codes not redeemed according to their conditions, disclaim liability for gifted or unauthorized-seller codes and provide no replacement for lost, stolen or unauthorized-used codes. Subject to law, Function may void codes without notice for suspected fraud, illegality or Terms violations.

Supporting quotations

You may choose to provide the Membership Code that you have purchased as a gift (such recipient of the gift, a “Recipient”). Neither you nor your Recipient (if applicable) is eligible for any refund or other credits arising out of or related to a Membership Code that is not redeemed in accordance with these Terms. Function is not responsible for and assumes no liability for any Membership Code you gift to a Recipient. Your Membership Code cannot be replaced, and Function is not responsible, if it is lost, stolen or otherwise used by someone other than yourself or the intended Recipient without permission. Function assumes no liability for any Membership Code acquired in violation of these Terms, including without limitation any Membership Code purchased from an unauthorized third-party seller or a reseller.

Subject to applicable law, we reserve the right, without notice to you, to void your Membership Code and not provide your membership if we suspect that a Membership Code is obtained, used, transferred or otherwise applied fraudulently, unlawfully, or otherwise in violation of these Terms.

Charges & Financial Obligations · Restriction or exception

Credit eligibility does not make every service eligible for these refund rules

The Refund and Credit Policy governs directly purchased subscriptions and add-on lab tests, eligible test-to-credit conversions and expressly offered credits. Credits may be usable for designated services such as imaging, mobile phlebotomy and renewals, but those services retain their own refund and cancellation rules. Gifts, supplements, other products and affiliate or third-party services are outside this refund policy unless their specific terms say otherwise. Separate service terms not supplied here cannot be inferred from credit eligibility.

Supporting quotations

e. Refund and Credit Policy.

i. Applicability. This Refund and Credit Policy (the “Refund and Credit Policy”) governs refunds for Subscriptions and Add-On Lab Tests purchased directly from Function, the conversion of eligible unused Add-On Lab Tests into Credits, and any other Credit offer or conversion expressly made available by Function. It also governs Credits issued by Function and their use toward purchases that Function or its participating Affiliates identify as eligible, which may include eligible Subscription purchases and renewals, Add-On Lab Tests, Imaging Services, mobile phlebotomy services, and reactivations. The availability or use of Credits in connection with a product or service does not make that product or service subject to the refund provisions of this Policy. Refunds, cancellations, and other commercial adjustments for the underlying product or service remain governed by the terms applicable to that product or service. This Refund and Credit Policy does not govern refunds, discounts, cancellations, or other commercial adjustments for other Function products or services, including, but not limited to, supplements or other products, Gifts, or other services provided by an Affiliate or other third party, except to the extent the applicable product or service terms expressly provide otherwise. Those products and services remain subject to the applicable separate terms, cancellation policies, refund policies, and commercial conditions.

Not stated here

• The Refund and Credit Policy governs directly purchased subscriptions and add-on lab tests, eligible test-to-credit conversions and expressly offered credits. Credits may be usable for designated services such as imaging, mobile phlebotomy and renewals, but those services retain their own refund and cancellation rules. Gifts, supplements, other products and affiliate or third-party services are outside this refund policy unless their specific terms say otherwise. Separate service terms not supplied here cannot be inferred from credit eligibility.

Charges & Financial Obligations · User right or choice

Initial subscriptions have a conditional 48-hour refund window

For directly purchased subscriptions, cancel within 48 hours of initial purchase before any specimen collection or laboratory testing to receive the subscription fee back to the original source. The window ends when either 48 hours pass or collection/testing occurs, whichever comes first. Afterwards, and for recurring renewals, purchases are generally nonrefundable except express policy remedies or law. Unused subscription benefits alone do not create partial refunds or credits. Clinician refusal preventing core services triggers the separate refund remedy.

Supporting quotations

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.

Cross-references

• contrast (model-proposed): Stopping use is stated as the sole dissatisfaction remedy, alongside express refund rights — contrast: The general sole-remedy-of-stopping-use statement coexists with an express conditional initial-purchase refund promise.

Charges & Financial Obligations · Company commitment

If clinical refusal prevents core subscription services, a refund is promised

If a clinician declines included tests, Function may reasonably offer substitutes, credits, a partial refund or another adjustment based on the extent affected. If the decision prevents essential core services, Function will cancel and fully refund the original payment source unless you accept another offered remedy. Function communicates the remedy and any action or request period with the decision.

Supporting quotations

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.

Charges & Financial Obligations · Company commitment

An unprovided clinician-declined add-on is refundable if you reject alternatives

For a separately purchased test a clinician declines to order, Function may offer a comparable test, credits or another adjustment. If it cannot provide that test and you do not accept an alternative, it will refund the net amount paid to the original source. The remedy applies only to the declined test.

Supporting quotations

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.

Charges & Financial Obligations · User right or choice

Add-on tests have their own conditional 48-hour refund window

An add-on is a separately purchased lab test, panel or package. Cancellation within 48 hours qualifies for refund to the original source only before specimen collection or laboratory or other processing. After the earlier of those events or 48 hours, the purchase is generally nonrefundable except express policy remedies or law. This is distinct from cancellation of the subscription itself.

Supporting quotations

iv. Add-On Lab Test Refund & Credit Conversion Option. An “Add-On Lab Test” means one or more laboratory tests, including any individual test, panel, package, or other laboratory testing offering, purchased separately from your Subscription for an additional charge. If you cancel an Add-On Lab Test within forty-eight (48) hours after purchase and no specimen has been collected and no laboratory (or other processing) services have otherwise been performed in connection with that Add-On Lab Test, Function will refund the amount paid for the Add-On Lab Test to the original payment source. After forty-eight (48) hours, or after a specimen has been collected or laboratory (or other processing) services have otherwise been performed, whichever occurs first, the Add-On Lab Test purchase is nonrefundable except as expressly provided in this Refund and Credit Policy or required by applicable law. An “unused” (defined below) Add-On Lab Test does not automatically expire and does not automatically convert into Credits. Subject to applicable law and any applicable service limitations, the Add-On Lab Test remains an entitlement to receive the specific Add-On Lab Test purchased. If, after the applicable cash-refund period, you no longer want an unused Add-On Lab Test, you may request that Function convert the Add-On Lab Test into Credits. The conversion amount will equal the net amount paid for the Add-On Lab Test, excluding taxes, fees, or other amounts not attributable to the Add-On Lab Test itself. Amounts originally paid through another Payment Method will be converted into Credits. Amounts originally paid with Credits will instead be restored to the Credits Balance (as defined below). Restored Credits will retain any eligibility and other restrictions applicable to the original Credits, including any applicable expiration date. Once the Add-On is converted, you surrender the entitlement to receive that specific Add-On Lab Test. The value of a Credit resulting from an Add-On Lab Test conversion is fixed at the applicable conversion amount and does not automatically increase if the price of the underlying Add-On Lab Test later increases. Retaining the Add-On Lab Test may therefore preserve more value if the price of that Add-On Lab Test later increases. For purposes of conversion eligibility, an Add-On Lab Test is “unused” only if no laboratory (or other processing) services have been performed in connection with that Add-On Lab Test and the Add-On Lab Test otherwise remains eligible for conversion under the applicable terms. Continued availability of an unused Add-On Lab Test remains subject to medical eligibility, applicable law, laboratory availability, and applicable Service limitations. If Function permanently discontinues the applicable Add-On Lab Test before use, Function may provide a comparable substitute, Credits, a refund, or another appropriate commercial adjustment, subject to applicable law. Once Credits are issued in exchange for an Add-On Lab Test, the conversion is final and cannot be reversed or converted back into the original Add-On Lab Test or cash, except where required by applicable law or expressly permitted by Function.

Charges & Financial Obligations · Restriction or exception

Unused add-on tests do not automatically expire or convert to credits

Unused separately purchased tests remain entitlements to the purchased test, subject to medical eligibility, law, laboratory availability and service limits. If permanently discontinued before use, Function may provide a comparable test, credits, refund or another adjustment subject to law. This differs from included subscription testing, which generally expires at the end of its subscription period.

Supporting quotations

iv. Add-On Lab Test Refund & Credit Conversion Option. An “Add-On Lab Test” means one or more laboratory tests, including any individual test, panel, package, or other laboratory testing offering, purchased separately from your Subscription for an additional charge. If you cancel an Add-On Lab Test within forty-eight (48) hours after purchase and no specimen has been collected and no laboratory (or other processing) services have otherwise been performed in connection with that Add-On Lab Test, Function will refund the amount paid for the Add-On Lab Test to the original payment source. After forty-eight (48) hours, or after a specimen has been collected or laboratory (or other processing) services have otherwise been performed, whichever occurs first, the Add-On Lab Test purchase is nonrefundable except as expressly provided in this Refund and Credit Policy or required by applicable law. An “unused” (defined below) Add-On Lab Test does not automatically expire and does not automatically convert into Credits. Subject to applicable law and any applicable service limitations, the Add-On Lab Test remains an entitlement to receive the specific Add-On Lab Test purchased. If, after the applicable cash-refund period, you no longer want an unused Add-On Lab Test, you may request that Function convert the Add-On Lab Test into Credits. The conversion amount will equal the net amount paid for the Add-On Lab Test, excluding taxes, fees, or other amounts not attributable to the Add-On Lab Test itself. Amounts originally paid through another Payment Method will be converted into Credits. Amounts originally paid with Credits will instead be restored to the Credits Balance (as defined below). Restored Credits will retain any eligibility and other restrictions applicable to the original Credits, including any applicable expiration date. Once the Add-On is converted, you surrender the entitlement to receive that specific Add-On Lab Test. The value of a Credit resulting from an Add-On Lab Test conversion is fixed at the applicable conversion amount and does not automatically increase if the price of the underlying Add-On Lab Test later increases. Retaining the Add-On Lab Test may therefore preserve more value if the price of that Add-On Lab Test later increases. For purposes of conversion eligibility, an Add-On Lab Test is “unused” only if no laboratory (or other processing) services have been performed in connection with that Add-On Lab Test and the Add-On Lab Test otherwise remains eligible for conversion under the applicable terms. Continued availability of an unused Add-On Lab Test remains subject to medical eligibility, applicable law, laboratory availability, and applicable Service limitations. If Function permanently discontinues the applicable Add-On Lab Test before use, Function may provide a comparable substitute, Credits, a refund, or another appropriate commercial adjustment, subject to applicable law. Once Credits are issued in exchange for an Add-On Lab Test, the conversion is final and cannot be reversed or converted back into the original Add-On Lab Test or cash, except where required by applicable law or expressly permitted by Function.

(iii) Subscription Period and Testing Opportunities. Unless Function expressly provides otherwise, Subscription benefits, including, without limitation, any annual, mid-year, or other included laboratory testing opportunity, must be used during the Subscription period in which the benefit is made available. To use an included testing opportunity, you must complete the applicable specimen collection before the end of that Subscription period and comply with any applicable scheduling, eligibility, clinical, laboratory, and Service requirements. Any included testing opportunity that is not used before the applicable Subscription period ends will expire and will not roll over, extend, or remain available during a renewal or subsequent Subscription period. Renewal of a Subscription makes the benefits applicable to the new Subscription period available but does not restore or extend any unused benefit from a prior period.

Cross-references

• contrast (model-proposed): Included testing must be completed within its subscription period — contrast: Unused separately purchased add-ons do not automatically expire, while included subscription tests generally expire at term end.

Charges & Financial Obligations · User right or choice

You can request unused-test credit conversion, surrendering the test entitlement

After the cash-refund period, eligible unused add-ons can be converted on request if no lab or other processing has occurred. Conversion equals net test payment excluding unrelated taxes and fees; amounts paid with credits are restored with their original restrictions. You surrender the specific test, and credit value does not rise with later test prices. Conversion is final and cannot return to the test or cash unless law requires or Function permits. Tax-advantaged payment refunds must instead return to their original source; any associated credits may be restricted.

Supporting quotations

iv. Add-On Lab Test Refund & Credit Conversion Option. An “Add-On Lab Test” means one or more laboratory tests, including any individual test, panel, package, or other laboratory testing offering, purchased separately from your Subscription for an additional charge. If you cancel an Add-On Lab Test within forty-eight (48) hours after purchase and no specimen has been collected and no laboratory (or other processing) services have otherwise been performed in connection with that Add-On Lab Test, Function will refund the amount paid for the Add-On Lab Test to the original payment source. After forty-eight (48) hours, or after a specimen has been collected or laboratory (or other processing) services have otherwise been performed, whichever occurs first, the Add-On Lab Test purchase is nonrefundable except as expressly provided in this Refund and Credit Policy or required by applicable law. An “unused” (defined below) Add-On Lab Test does not automatically expire and does not automatically convert into Credits. Subject to applicable law and any applicable service limitations, the Add-On Lab Test remains an entitlement to receive the specific Add-On Lab Test purchased. If, after the applicable cash-refund period, you no longer want an unused Add-On Lab Test, you may request that Function convert the Add-On Lab Test into Credits. The conversion amount will equal the net amount paid for the Add-On Lab Test, excluding taxes, fees, or other amounts not attributable to the Add-On Lab Test itself. Amounts originally paid through another Payment Method will be converted into Credits. Amounts originally paid with Credits will instead be restored to the Credits Balance (as defined below). Restored Credits will retain any eligibility and other restrictions applicable to the original Credits, including any applicable expiration date. Once the Add-On is converted, you surrender the entitlement to receive that specific Add-On Lab Test. The value of a Credit resulting from an Add-On Lab Test conversion is fixed at the applicable conversion amount and does not automatically increase if the price of the underlying Add-On Lab Test later increases. Retaining the Add-On Lab Test may therefore preserve more value if the price of that Add-On Lab Test later increases. For purposes of conversion eligibility, an Add-On Lab Test is “unused” only if no laboratory (or other processing) services have been performed in connection with that Add-On Lab Test and the Add-On Lab Test otherwise remains eligible for conversion under the applicable terms. Continued availability of an unused Add-On Lab Test remains subject to medical eligibility, applicable law, laboratory availability, and applicable Service limitations. If Function permanently discontinues the applicable Add-On Lab Test before use, Function may provide a comparable substitute, Credits, a refund, or another appropriate commercial adjustment, subject to applicable law. Once Credits are issued in exchange for an Add-On Lab Test, the conversion is final and cannot be reversed or converted back into the original Add-On Lab Test or cash, except where required by applicable law or expressly permitted by Function.

If a purchase was made using an HSA, FSA, HRA, or another tax-advantaged or benefit-based payment method, any refund of an amount charged to that payment method will be returned to the original payment source. For a purchase funded through multiple payment sources, Function will return each refundable portion to the source from which it was paid. If Function otherwise issues Credits in connection with such a purchase, Function may restrict those Credits to products or services eligible under the applicable arrangement.

Charges & Financial Obligations · Restriction or exception

Discretionary credits do not expand refund rights

Function may offer refunds, replacements, credits or goodwill adjustments under applicable terms or programs. The possibility of credits does not create a refund right. Function promises legally required cash or original-source refunds and may offer credits instead where permitted, disclosing the value and material restrictions.

Supporting quotations

v. Other Refunds and Commercial Adjustments. Function may provide refunds, Credits, replacements, service-recovery adjustments, goodwill accommodations, or other commercial adjustments in circumstances described in these Terms, applicable service terms, or a specific offer or program. The fact that Function may offer or issue Credits does not itself create or expand a right to a refund. Whether a purchase is refundable is determined by the terms applicable to the underlying purchase and applicable law. Where applicable law requires Function to provide a cash or original-payment refund, Function will comply with those requirements. Where a refund is otherwise available, Function may offer Credits as an alternative when permitted. The applicable transaction or communication will disclose the amount of the Credit and any material restrictions on use.

Charges & Financial Obligations · Restriction or exception

Credits are purchase value, not cash or a financial account

Each credit dollar applies as one dollar toward eligible purchases. Credits can arise from conversions, adjustments or programs, cannot be directly purchased or loaded, do not earn interest and are not cash or a deposit or payment account. Unless law requires or Function allows otherwise, they cannot be transferred, sold or redeemed for cash. They cannot move to another account, though eligible sponsored charges billed to your account or method may use them.

Supporting quotations

vi. Function Credits and Credits Balance. “Credits” means dollar-denominated value issued by Function to your Account that may be applied toward eligible Function purchases. Each $1 in Credits may be applied as $1 toward an eligible purchase. Credits may be issued in connection with Add-On Lab Test conversions, refunds or commercial adjustments, promotions, rewards, service recovery, goodwill accommodations, or other programs offered by Function. Function will track and display the accumulated Credits associated with your Account (your “Credits Balance”). Credits will be added to your Credits Balance when issued by Function or following confirmation of an eligible transaction, adjustment, offer, or program. Your Credits Balance may be displayed in U.S. dollar-denominated amounts solely to reflect the value of the Credits when applied toward an eligible purchase. Your Credits Balance is an account record of available Credits; it is not cash or legal tender, a deposit account, bank account, payment account, or other financial account, and it does not earn interest. Except where required by applicable law or expressly permitted by Function, Credits are not transferable, assignable, resalable, or redeemable for cash. Credits may not be directly purchased or loaded by a User and may not be sold, traded, or transferred for value. Credits may not be transferred to another person’s Account, but Function may apply Credits from your Credits Balance to eligible charges billed to your Account or Payment Method, including charges for another person that you have agreed to sponsor or pay. Credits are not subject to activation, dormancy, service, inactivity, or other fees. Function may impose different eligibility requirements, eligible purchases, and other restrictions based on the type or source of Credits. Credits do not expire. Function may adopt different expiration terms for Credits issued under a future program only on a prospective basis and with any notice required by applicable law. Function may display your Credits Balance and related Credit activity through your Account. If a temporary processing delay, technical error, duplicate transaction, reversal, or other discrepancy causes your Credits Balance to be displayed incorrectly, Function may correct the displayed balance and its records to reflect the accurate Credits Balance based on its internal records and systems.

Cross-references

• qualifies (model-proposed): You can request unused-test credit conversion, surrendering the test entitlement — qualifies: Test conversion produces restricted purchasing credits rather than an unconditional cash refund.

Charges & Financial Obligations · Company commitment

Current credits have no fees or expiration, but eligibility restrictions remain

Credits have no activation, inactivity or other fees and do not expire. Function may set different expiry rules only prospectively for future programs with legally required notice. Eligibility can vary by source or type, and Function may correct balance errors using its records. Subscription inactivity alone does not erase valid credits, but reactivation or other eligibility requirements may be necessary to use them; deletion cannot forfeit purchased value where law prohibits that.

Supporting quotations

vi. Function Credits and Credits Balance. “Credits” means dollar-denominated value issued by Function to your Account that may be applied toward eligible Function purchases. Each $1 in Credits may be applied as $1 toward an eligible purchase. Credits may be issued in connection with Add-On Lab Test conversions, refunds or commercial adjustments, promotions, rewards, service recovery, goodwill accommodations, or other programs offered by Function. Function will track and display the accumulated Credits associated with your Account (your “Credits Balance”). Credits will be added to your Credits Balance when issued by Function or following confirmation of an eligible transaction, adjustment, offer, or program. Your Credits Balance may be displayed in U.S. dollar-denominated amounts solely to reflect the value of the Credits when applied toward an eligible purchase. Your Credits Balance is an account record of available Credits; it is not cash or legal tender, a deposit account, bank account, payment account, or other financial account, and it does not earn interest. Except where required by applicable law or expressly permitted by Function, Credits are not transferable, assignable, resalable, or redeemable for cash. Credits may not be directly purchased or loaded by a User and may not be sold, traded, or transferred for value. Credits may not be transferred to another person’s Account, but Function may apply Credits from your Credits Balance to eligible charges billed to your Account or Payment Method, including charges for another person that you have agreed to sponsor or pay. Credits are not subject to activation, dormancy, service, inactivity, or other fees. Function may impose different eligibility requirements, eligible purchases, and other restrictions based on the type or source of Credits. Credits do not expire. Function may adopt different expiration terms for Credits issued under a future program only on a prospective basis and with any notice required by applicable law. Function may display your Credits Balance and related Credit activity through your Account. If a temporary processing delay, technical error, duplicate transaction, reversal, or other discrepancy causes your Credits Balance to be displayed incorrectly, Function may correct the displayed balance and its records to reflect the accurate Credits Balance based on its internal records and systems.

xi. Subscription Cancellation and Account Status. Cancellation, termination, lapse, or expiration of a paid Subscription does not by itself eliminate valid Credits or unused Add-On Lab Tests associated with your Account. After your paid Subscription ends, Function may require you to reactivate your Subscription or otherwise satisfy applicable eligibility requirements before scheduling or using an unused Add-On Lab Test or applying Credits to a purchase. Credits will remain reflected in your Credits Balance while your Subscription is inactive and will become available for eligible purchases upon reactivation. If Function permits Credits to be applied toward reactivation, those Credits will be applied in accordance with this Refund and Credit Policy. Before completing deletion of your Function Account, Function may disclose the effect of deletion on your Credits Balance and unused purchases. Account deletion will not result in forfeiture of Credits or other purchased value where prohibited by applicable law.

Charges & Financial Obligations · Restriction or exception

Credits apply only to designated purchases and may cover only part of a charge

Eligible uses may include subscriptions, renewals, add-on labs and Function-purchased imaging or mobile phlebotomy, plus eligible reactivation. Acceptance varies by credit, seller, service, geography and promotion. Unless expressly allowed, credits cannot fund cash equivalents, more credits, taxes, shipping, tips, penalties, collection or chargeback costs, gifts or separately contracted enterprise and employer arrangements. They may be combined with another accepted method and, if permitted, used for sponsored purchases. Available credits normally apply automatically to the next eligible purchase, including renewal, without a user timing choice unless Function offers one.

Supporting quotations

vii. Eligible Purchases and Use of Credits. Unused Credits remain reflected in your Credits Balance and carry over through Subscription renewals until they are applied, or are otherwise adjusted under this Refund and Credit Policy. Credits may be used only for purchases that Function identifies as eligible at checkout or otherwise communicates to you. Credits may currently be applied toward eligible Function Subscriptions, Subscription renewals, Add-On Lab Tests, Imaging Services (purchased through Function), mobile phlebotomy services (purchased through Function), and eligible reactivations. Function may prospectively make additional products or services eligible, subject to any restrictions applicable to the particular Credits. The use of Credits toward a product or service does not cause that product or service to become subject to this Refund and Credit Policy; the terms applicable to the underlying product or service continue to govern. Eligibility may vary by Credit type, product, service, seller, Affiliate, geography, payment flow, or promotion. A Credit accepted for one purchase is not necessarily eligible for every purchase. Unless Function expressly permits otherwise, Credits may not be used to purchase or fund cash or cash equivalents, additional Credits or general-purpose prepaid value, taxes, duties, shipping charges, tips, penalties, chargeback amounts, collection costs, Gift purchases or Gift balances, or amounts owed under an enterprise, employer-sponsored, third-party broker or other separately contracted arrangement. Function may permit Credits to be applied to eligible charges you sponsor or pay on behalf of another person. Credits may be combined with another accepted payment method. If your available Credits are less than the amount of an eligible purchase, Function may apply the available Credits and charge the remaining amount to your other payment method. If a purchase was made using an HSA, FSA, HRA, or another tax-advantaged or benefit-based payment method, any refund of an amount charged to that payment method will be returned to the original payment source. For a purchase funded through multiple payment sources, Function will return each refundable portion to the source from which it was paid. If Function otherwise issues Credits in connection with such a purchase, Function may restrict those Credits to products or services eligible under the applicable arrangement. Function may request or retain information reasonably necessary to apply those restrictions. Function does not determine or guarantee that any purchase qualifies for reimbursement or favorable tax treatment.

viii. Automatic Application of Credits. Unless Function makes a different option available, available Credits will automatically be applied to the next eligible purchase associated with your Account, including purchases initiated by you and automatic Subscription renewals. You may not select when Credits are applied or decline their application unless Function provides that functionality. For an interactive purchase, the order summary will show the Credits applied and any remaining amount to be charged to another Payment Method. For an automatic or other non-interactive transaction, the amount of Credits applied will be reflected in the applicable receipt or Account transaction information. When Credits are first issued or become available, Function will present a disclosure describing the automatic-application mechanic, any available hold or decline feature, and other material limitations on the Credits. You may be required to affirmatively acknowledge these terms before the Credits become available for use. Otherwise, your acceptance or use of the Credits will constitute your agreement to those terms, subject to applicable law. Function may apply Credits in an order designed to comply with the applicable terms presented to you at the time a Credit is made available to you or otherwise satisfy technical and commercial requirements.

Charges & Financial Obligations · Procedure

Benefit-account and mixed-source refunds return to their original funding sources

Refunds of amounts charged to an HSA, FSA, HRA or other benefit-based or tax-advantaged method return to that source; mixed-source refundable portions go back to their respective sources. Related credits may have eligibility restrictions, and Function may request or retain information reasonably needed to enforce them. Function does not guarantee reimbursement or tax treatment. Credit-funded refunds generally restore credits with original restrictions, rather than creating cash rights.

Supporting quotations

vii. Eligible Purchases and Use of Credits. Unused Credits remain reflected in your Credits Balance and carry over through Subscription renewals until they are applied, or are otherwise adjusted under this Refund and Credit Policy. Credits may be used only for purchases that Function identifies as eligible at checkout or otherwise communicates to you. Credits may currently be applied toward eligible Function Subscriptions, Subscription renewals, Add-On Lab Tests, Imaging Services (purchased through Function), mobile phlebotomy services (purchased through Function), and eligible reactivations. Function may prospectively make additional products or services eligible, subject to any restrictions applicable to the particular Credits. The use of Credits toward a product or service does not cause that product or service to become subject to this Refund and Credit Policy; the terms applicable to the underlying product or service continue to govern. Eligibility may vary by Credit type, product, service, seller, Affiliate, geography, payment flow, or promotion. A Credit accepted for one purchase is not necessarily eligible for every purchase. Unless Function expressly permits otherwise, Credits may not be used to purchase or fund cash or cash equivalents, additional Credits or general-purpose prepaid value, taxes, duties, shipping charges, tips, penalties, chargeback amounts, collection costs, Gift purchases or Gift balances, or amounts owed under an enterprise, employer-sponsored, third-party broker or other separately contracted arrangement. Function may permit Credits to be applied to eligible charges you sponsor or pay on behalf of another person. Credits may be combined with another accepted payment method. If your available Credits are less than the amount of an eligible purchase, Function may apply the available Credits and charge the remaining amount to your other payment method. If a purchase was made using an HSA, FSA, HRA, or another tax-advantaged or benefit-based payment method, any refund of an amount charged to that payment method will be returned to the original payment source. For a purchase funded through multiple payment sources, Function will return each refundable portion to the source from which it was paid. If Function otherwise issues Credits in connection with such a purchase, Function may restrict those Credits to products or services eligible under the applicable arrangement. Function may request or retain information reasonably necessary to apply those restrictions. Function does not determine or guarantee that any purchase qualifies for reimbursement or favorable tax treatment.

ix. Refunds for Purchases Made with Credits. The use of Credits does not create, expand, or reduce any refund right otherwise applicable to the underlying purchase. If an eligible purchase was funded in whole or in part with Credits, the Credit-funded portion will generally be restored to your Credits Balance, while amounts paid through another payment method will be refunded or adjusted in accordance with the applicable refund policy. For a mixed-payment purchase, Function may allocate a refund proportionally or by another clearly disclosed method that restores each component to its original source, subject to applicable law. Restored Credits retain any applicable expiration date, eligibility limitations, and other restrictions applicable to the originally-issued Credits. If a purchase or other event generated Credits and that transaction is later refunded, canceled, reversed, disputed, or charged back, Function may reverse Credits associated with that transaction, subject to applicable law. If the underlying purchase is nonrefundable, Credits used for that purchase are not restored merely because the purchase was funded with Credits, unless the applicable product or program terms provide otherwise.

Charges & Financial Obligations · Procedure

Credits normally apply automatically, including to renewals

Unless Function offers another option, credits apply to the next eligible account purchase or automatic renewal; you cannot defer or decline them. Interactive orders show credits and remaining payment before purchase, while automated transactions report them in receipts or account records. Function discloses the mechanic and limits when credits become available and may require acknowledgment; otherwise acceptance or use signifies agreement, subject to law. It may choose an application order consistent with presented terms and technical or commercial requirements.

Supporting quotations

viii. Automatic Application of Credits. Unless Function makes a different option available, available Credits will automatically be applied to the next eligible purchase associated with your Account, including purchases initiated by you and automatic Subscription renewals. You may not select when Credits are applied or decline their application unless Function provides that functionality. For an interactive purchase, the order summary will show the Credits applied and any remaining amount to be charged to another Payment Method. For an automatic or other non-interactive transaction, the amount of Credits applied will be reflected in the applicable receipt or Account transaction information. When Credits are first issued or become available, Function will present a disclosure describing the automatic-application mechanic, any available hold or decline feature, and other material limitations on the Credits. You may be required to affirmatively acknowledge these terms before the Credits become available for use. Otherwise, your acceptance or use of the Credits will constitute your agreement to those terms, subject to applicable law. Function may apply Credits in an order designed to comply with the applicable terms presented to you at the time a Credit is made available to you or otherwise satisfy technical and commercial requirements.

Charges & Financial Obligations · Restriction or exception

Refunds generally restore each funding component to its original source

Credit use does not expand or reduce the underlying refund right. For eligible refunds, credits generally return to the credit balance with original restrictions; other payments follow the relevant policy. Mixed refunds may use proportional or another disclosed allocation returning each component to its source. Nonrefundable purchases do not restore credits merely because credits funded them. Credits generated by later-reversed transactions may be reversed.

Supporting quotations

ix. Refunds for Purchases Made with Credits. The use of Credits does not create, expand, or reduce any refund right otherwise applicable to the underlying purchase. If an eligible purchase was funded in whole or in part with Credits, the Credit-funded portion will generally be restored to your Credits Balance, while amounts paid through another payment method will be refunded or adjusted in accordance with the applicable refund policy. For a mixed-payment purchase, Function may allocate a refund proportionally or by another clearly disclosed method that restores each component to its original source, subject to applicable law. Restored Credits retain any applicable expiration date, eligibility limitations, and other restrictions applicable to the originally-issued Credits. If a purchase or other event generated Credits and that transaction is later refunded, canceled, reversed, disputed, or charged back, Function may reverse Credits associated with that transaction, subject to applicable law. If the underlying purchase is nonrefundable, Credits used for that purchase are not restored merely because the purchase was funded with Credits, unless the applicable product or program terms provide otherwise.

Charges & Financial Obligations · Procedure

Invalid credits can be reversed; users can request error review

Function may correct or withhold erroneous, duplicate, ineligible or fraudulently obtained credits and those linked to reversed or disputed transactions. If already spent, it may lawfully offset future credits, restrict use, require another payment method or adjust the account. Report suspected balance errors promptly with transaction details; Function promises review and appropriate correction based on available information.

Supporting quotations

x. Corrections, Reversals, Chargebacks, and Fraud. Function may correct, reverse, cancel, or withhold Credits where they were issued in error, more than once, based on an ineligible or failed event, or in connection with a refunded, canceled, reversed, disputed, or charged-back transaction. Function may also reverse or cancel Credits obtained through fraud, abuse, manipulation, misrepresentation, unauthorized use, or other conduct that violates these Terms or applicable program or offer terms. If Credits subject to reversal have already been used, Function may take reasonable measures permitted by applicable law to correct the account, including offsetting future Credits, restricting further Credit use, requiring another payment method, or making another appropriate adjustment. If you believe your Credits Balance or a Credit transaction contains an error, please contact Function promptly with the relevant transaction date, amount, and other supporting information. Function will review the matter and make any appropriate correction based on its records and the information reasonably available to Function.

Charges & Financial Obligations · User right or choice

Ending a paid subscription alone does not erase valid credits or unused add-ons

Valid credits and unused add-on tests survive subscription cancellation, lapse or expiration. Use may require reactivation or other eligibility conditions; credits remain recorded while inactive. Function may explain deletion consequences before deleting an account, and cannot forfeit credits or other purchased value where law prohibits. This is distinct from included subscription tests, which normally expire each term.

Supporting quotations

xi. Subscription Cancellation and Account Status. Cancellation, termination, lapse, or expiration of a paid Subscription does not by itself eliminate valid Credits or unused Add-On Lab Tests associated with your Account. After your paid Subscription ends, Function may require you to reactivate your Subscription or otherwise satisfy applicable eligibility requirements before scheduling or using an unused Add-On Lab Test or applying Credits to a purchase. Credits will remain reflected in your Credits Balance while your Subscription is inactive and will become available for eligible purchases upon reactivation. If Function permits Credits to be applied toward reactivation, those Credits will be applied in accordance with this Refund and Credit Policy. Before completing deletion of your Function Account, Function may disclose the effect of deletion on your Credits Balance and unused purchases. Account deletion will not result in forfeiture of Credits or other purchased value where prohibited by applicable law.

(iii) Subscription Period and Testing Opportunities. Unless Function expressly provides otherwise, Subscription benefits, including, without limitation, any annual, mid-year, or other included laboratory testing opportunity, must be used during the Subscription period in which the benefit is made available. To use an included testing opportunity, you must complete the applicable specimen collection before the end of that Subscription period and comply with any applicable scheduling, eligibility, clinical, laboratory, and Service requirements. Any included testing opportunity that is not used before the applicable Subscription period ends will expire and will not roll over, extend, or remain available during a renewal or subsequent Subscription period. Renewal of a Subscription makes the benefits applicable to the new Subscription period available but does not restore or extend any unused benefit from a prior period.

Charges & Financial Obligations · Restriction or exception

Gift subscriptions remain distinct from credits

Gift products follow their applicable Gift Terms even when displayed with credits in the same system. Gift subscription entitlements redeem directly for the subscription and are not converted into dollar credits unless those terms allow it. Credits can buy gifts only with express permission, and the resulting gift still follows Gift Terms. Separate Gift Terms are not supplied here.

Supporting quotations

xii. Gifts and Other Purchased or Prepaid Value. Gift Subscriptions and other purchased or prepaid Gift products are governed by the applicable Gift Terms and are legally and commercially distinct from Credits, even if both are associated with or displayed through the same Account or technical systems. Gift Subscription entitlements are redeemed directly for the applicable Subscription and are not converted into dollar-denominated Credits unless the applicable Gift Terms expressly provide otherwise. Credits may be used to purchase a Gift only if Function expressly permits that use for the relevant transaction. A Gift purchased using Credits remains subject to the applicable Gift Terms.

Not stated here

• Gift products follow their applicable Gift Terms even when displayed with credits in the same system. Gift subscription entitlements redeem directly for the subscription and are not converted into dollar credits unless those terms allow it. Credits can buy gifts only with express permission, and the resulting gift still follows Gift Terms. Separate Gift Terms are not supplied here.

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.

Security & Safeguards · Restriction or exception

Security is not guaranteed; the disclaimer excludes reckless or intentional misconduct

Function says it uses reasonable safeguards but cannot promise complete protection against unauthorized access, malware, denial-of-service attacks or insecure/interrupted transmission. It disclaims related liability except to the extent caused by Function’s or affiliates’ recklessness or intentional misconduct. It also assigns transmission risk to users, subject to legal limits. The exception matters even where access occurs through stolen credentials or social engineering.

Supporting quotations

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.

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:

Cross-references

• narrows (model-proposed): Account activity is attributed to you and breaches must be reported immediately — exception_to: The specific security disclaimer excludes reckless or intentional misconduct, qualifying broad account-risk wording.

Retention & Deletion · Restriction or exception

Function gives no general promise to preserve results or fix defects

Subject to legal limits, Function and affiliates disclaim uninterrupted or error-free operation and warranties that they will fix defects, preserve FH Content or Lab Results and other documents, review offerings, or update services. This states the general disclaimer, not a guarantee that records are deleted.

Supporting quotations

g. NEITHER FUNCTION NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT OUR SERVICES (INCLUDING BUT NOT LIMTED TO SERVICES RELATING TO THE FACILITATION OF LABORATORY SERVICES, THE RECEIPT OF LAB RESULTS, AND THE FACILITATION OF TELEMEDICINE SERVICES) HAVE FUNCTIONED OR WARRANT THAT THEY WILL FUNCTION IN A MANNER THAT IS ERROR-FREE AND UNINTERRUPTED. NEITHER FUNCTION NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT WE WILL ADDRESS ANY MALFUNCTIONS OR DEFECTS, PRESERVE ANY FH CONTENT, LAB RESULTS, OR OTHER DOCUMENTS AND/OR INFORMATION, REVIEW ANY PRODUCTS OR SERVICES, OR CONDUCT ANY UPDATES OR IMPROVEMENTS. AND PRODUCTS

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 · 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.

Charges & Financial Obligations · Company commitment

Function must cover enough fees to avoid demonstrated prohibitive arbitration costs

User fee responsibility follows applicable NAM schedules, whose separate text is not supplied here. If you demonstrate arbitration costs would be prohibitive compared with litigation, Function pays the amount the arbitrator deems necessary to prevent that result.

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.

Not stated here

• User fee responsibility follows applicable NAM schedules, whose separate text is not supplied here. If you demonstrate arbitration costs would be prohibitive compared with litigation, Function pays the amount the arbitrator deems necessary to prevent that result.

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.

Charges & Financial Obligations · Restriction or exception

Rejecting an offer and failing to improve on it can shift later costs

At least 14 days before a hearing, either party may make a written offer to allow judgment on specified terms. A recipient who rejects it and does not obtain a more favorable award loses otherwise recoverable post-offer costs and must pay the offeror’s costs from the offer date.

Supporting quotations

You and Function agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.

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.

Charges & Financial Obligations · Restriction or exception

Parties generally bear legal fees, with frivolous-case and offer exceptions

Parties normally bear their own arbitration legal fees and costs, except frivolous or improper-purpose demands. After merits presentation and an opportunity to respond, a finding that the initiating party violated the stated certification standards requires reimbursement of the respondent’s filing, administrative and arbitrator costs. The separate rejected-offer rule can also shift post-offer costs.

Supporting quotations

h. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules.

You and Function agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.

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.

Cross-references

• narrows (model-proposed): Arbitration is the default, with small-claims, intellectual-property and agency exceptions — exception_to: The timely personal opt-out limits arbitration, with prior-agreement and prior-opt-out treatment preserved.

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.

Cross-references

• narrows (model-proposed): Arbitration is the default, with small-claims, intellectual-property and agency exceptions — exception_to: An invalid batch-arbitration provision voids the entire arbitration agreement under its specific severance rule.

Legal Rights & Agreement Rules · Procedure

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.

Content & IP Rights · Procedure

Copyright complaints require specific written evidence and sworn statements

The DMCA section asks for a physical or electronic owner/agent signature, description of copyrighted work and alleged infringement, precise location, contact details, good-faith belief that use is unauthorized and an accuracy/authority statement under penalty of perjury. It directs notice to an address “listed below,” but no dedicated copyright-agent address appears in this supplied section; the nearby general legal address should not be silently represented as a verified DMCA designation.

Supporting quotations

Digital Millennium Copyright Act (17 U.S.C. §512).

a. If you believe that your copyrighted work appears in connection with our Services and/or is accessible through our Services in a way that constitutes copyright infringement, please notify Function by providing us with the following information in writing to the address listed below: (1) the physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf; (2) a description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing; (3) identification of the URL or other specific location where the material or activity you claim to be infringing is located or is occurring; (4) your name, address, telephone number and, if you have one, your e-mail address; (5) a statement by you that you have a good faith belief that use in our Services of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and (6) a statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

Content & IP Rights · Procedure

Counter-notices require a good-faith statement and consent to court jurisdiction

For an allegedly improper infringement claim, the Terms request a signature, work description, former material location, contact details and the prescribed sworn statement of good-faith mistake or misidentification. It includes consent to federal district court where you live, or Southern District of Texas for foreign residents, and acceptance of service from the original complainant or agent. The section’s referenced dedicated delivery address is not supplied here; this card does not invent one.

Supporting quotations

b. If you believe you are the subject of an improper infringement claim, please notify Function by providing us with the following information in writing to the address listed below: (1) the physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf; (2) a detailed description of the copyrighted work you claim has been subject to an improper infringement claim; (3) identification of the URL or other specific location from where the allegedly infringing material has been removed, modified, and/or deleted; (4) your name, address, telephone number and, if you have one, your e-mail address; (5) the following statement: "I hold a legitimate, good faith belief that the allegedly offending material, as herein described, has been subject to complaint, removed, or rendered inaccessible as the result of misidentification, misfeasance, malfeasance, and/or mistake. All of the factual information I have provided in connection with this document is true and correct. I consent to the jurisdiction of the District Court in the United States judicial district in which I live -- or, to the extent I reside outside the United States, in the Southern District of Texas -- and will accept service of process from the person or the agent of the person who sent the initial notice of infringement to Function Health, Inc. All attestations herein are given under penalty of perjury."

Not stated here

• For an allegedly improper infringement claim, the Terms request a signature, work description, former material location, contact details and the prescribed sworn statement of good-faith mistake or misidentification. It includes consent to federal district court where you live, or Southern District of Texas for foreign residents, and acceptance of service from the original complainant or agent. The section’s referenced dedicated delivery address is not supplied here; this card does not invent one.

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.

Charges & Financial Obligations · Company practice

Function can change or end the referral program immediately

Function may terminate, suspend or modify the program, deactivate codes, change fees or alter eligibility at any time for any reason. Material modifications are communicated by email or site and reflected in the Terms. Continued participation after effectiveness constitutes acceptance.

Supporting quotations

a. Modification or Termination of The Referral Program. The Referral Program is offered at the discretion of Function and we reserve the right to terminate, suspend, or modify the Referral Program and the Referral Program Terms, in whole or in part, at any time, for any reason. Without limiting the generality of the foregoing, we may deactivate your Code (as defined below), modify the Referral Fee (as defined below), conditions of participation in the Referral Program, or any other aspect of the Referral Program, effective immediately. Any material modifications to the Referral Program or the Referral Program Terms will be communicated by email and/or the Site, and these Terms will be updated accordingly. Your continued participation in the Referral Program following the effective date of such modifications will be deemed your agreement and binding acceptance of such modifications.

Account & Service Control · Restriction or exception

Referral participation requires an active account and excludes licensed health professionals

You must have an active Function account and not be a licensed healthcare professional. Eligibility changes must be reported immediately through the linked contact. Function may reject, suspend or terminate participation for suspected eligibility breaches, and account termination automatically ends it. Participation requires an Impact Tech account and valid bank details for fee deposits. Impact’s own terms and privacy policy govern information given to it and platform use; those texts are not supplied here, and Function disclaims responsibility for Impact.

Supporting quotations

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.

Not stated here

• You must have an active Function account and not be a licensed healthcare professional. Eligibility changes must be reported immediately through the linked contact. Function may reject, suspend or terminate participation for suspected eligibility breaches, and account termination automatically ends it. Participation requires an Impact Tech account and valid bank details for fee deposits. Impact’s own terms and privacy policy govern information given to it and platform use; those texts are not supplied here, and Function disclaims responsibility for Impact.

Charges & Financial Obligations · Restriction or exception

Referral codes are for personal sharing, not commercial distribution

You receive a personal code for direct sharing with your personal network. You cannot use commercial enrollment or discount-code operators, hire someone to promote it, post it on commercial media such as coupon sites, or use your own code to buy membership for yourself or another person.

Supporting quotations

c. Referral Code. Each User participating in the Referral Program will be provided with a personal referral code (“Code”) to share with each User’s personal network for the purposes of generating referrals, subject to the following conditions.

(i) Your Code is personal to you and intended to be shared by you directly and personally with your personal network. You must not share your Code with any individual engaged in a commercial operation in connection with membership enrollment or using discount codes, or otherwise employ another individual to promote or circulate your Code.

(iii) You cannot use your Code to purchase membership for you (e.g., renew your membership) or for another person.

(v) You must not directly or indirectly post or otherwise promote your Code on any commercial media properties, including without limitation any commercial website and social media account, such as those websites accounts which furnish (or purport to furnish) consumers with coupon codes and/or otherwise leverage referral traffic.

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.

Cross-references

• qualifies (model-proposed): Referral payment requires a genuinely new member active for 60 days — qualifies: Fee eligibility depends on program compliance, including disclosure and separate unsupplied Content Guidelines.

Account & Service Control · Restriction or exception

Mass automated referrals and influence over healthcare purchases are prohibited

Codes may not be mass-distributed using bots, scripts, autodialers, AI or other automation. Text and email distribution must comply with applicable laws, including the cited TCPA and CAN-SPAM Act. Participants must not act to influence someone’s purchase of lab testing or healthcare services. This states the supplied prohibitions, not the full requirements of those laws.

Supporting quotations

(iv) You must not, directly or indirectly: (i) utilize any scripts, bots, automatic dialers, or other artificial intelligence or automated technologies to circulate your Code and/or related communications in mass distribution fashion; (ii) share or distribute your Code by text or email in a manner that violates the Telephone Consumer Protection Act (“TCPA”), Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the “CAN-SPAM Act”), or any other applicable law; or (iii) take any actions intended to influence an individual’s purchase of laboratory testing or healthcare service.

Charges & Financial Obligations · Restriction or exception

Referral payment requires a genuinely new member active for 60 days

A qualifying referral must never previously have had an account, sign up using your code with at least Basic Membership and remain active at least 60 days. Basic Membership here covers concierge, technology and informational benefits, excluding purchased healthcare or lab services. The referrer must comply with all applicable terms. Employer, enterprise, corporate, broker, group and similar memberships do not qualify. Family Plan invitations also do not create referral eligibility unless Function expressly allows it.

Supporting quotations

(i) Referral Fee: You will receive a referral fee (the “Referral Fee”) for each Qualifying Referral (as defined below), in an amount determined by Function in its sole discretion and subject to the Referral Program Terms. The Referral Fee may, in Function’s sole discretion, be paid either in cash or in the form of a promotional or account credit, in an amount and on terms designated by Function. There is no limit to the number of Qualifying Referrals or the amount of Referral Fees that you can receive as the person making a Qualifying Referral. In addition, Function may, in its sole discretion, offer the recipient of a Qualifying Referral a one-time only promotional or account credit, discount, or other incentive in an amount and on terms designated by Function. Any such credit, discount, or incentive is offered solely by Function, is not transferable and has no cash value unless expressly stated otherwise, and is subject to any additional terms and conditions imposed by Function. “Qualifying Referral” is an individual who (i) opens a new Account (i.e., does not have and has not previously had an account for the Services) (“New Account”) with at least a “Basic Membership” using your Code; and (ii) maintains such New Account active for at least sixty (60) days from the effective date of the New Account opening. “Basic Membership” refers to the basic version of a membership Account, which includes access to concierge and technology services, and valuable content (e.g., access to content from Function’s library, webinars with media personality and/or subject matter specialist) and offerings for products and services, but does not include the purchase of any third-party laboratory testing services, medical services, or any other healthcare items or services. For clarity, a New Account will only be subject to a Referral Fee and payable to you if: (a) you have complied with all applicable terms and conditions (e.g. Referral Program Terms, these Terms) in referring the New Account to Function; and (b) the registrant of the New Account is a Qualifying Referral who used your Code at the time of sign-up. For the avoidance of doubt, memberships purchased, subsidized, or otherwise provided through an employer-sponsored, enterprise, corporate, broker, group, or similar arrangement (“Enterprise Memberships”) do not qualify as Qualifying Memberships, regardless of whether such memberships are associated with an individual Account, and are not eligible for any Referral Fee.

Unless Function expressly provides otherwise, sending or accepting a Family Plan Invite does not create eligibility for a Referral Fee or other incentive under the Referral Program (or similar program).

Charges & Financial Obligations · Company practice

Function determines referral amounts and may pay cash or credits

Function sets referral fees and may choose cash or promotional/account credits on designated terms. There is no stated limit on qualifying referrals or total fees. It may also offer the referred person a one-time incentive, normally nontransferable and without cash value unless expressly stated. The fee is only for the first membership payment, not renewals or other purchases, and only one per referred individual.

Supporting quotations

(i) Referral Fee: You will receive a referral fee (the “Referral Fee”) for each Qualifying Referral (as defined below), in an amount determined by Function in its sole discretion and subject to the Referral Program Terms. The Referral Fee may, in Function’s sole discretion, be paid either in cash or in the form of a promotional or account credit, in an amount and on terms designated by Function. There is no limit to the number of Qualifying Referrals or the amount of Referral Fees that you can receive as the person making a Qualifying Referral. In addition, Function may, in its sole discretion, offer the recipient of a Qualifying Referral a one-time only promotional or account credit, discount, or other incentive in an amount and on terms designated by Function. Any such credit, discount, or incentive is offered solely by Function, is not transferable and has no cash value unless expressly stated otherwise, and is subject to any additional terms and conditions imposed by Function. “Qualifying Referral” is an individual who (i) opens a new Account (i.e., does not have and has not previously had an account for the Services) (“New Account”) with at least a “Basic Membership” using your Code; and (ii) maintains such New Account active for at least sixty (60) days from the effective date of the New Account opening. “Basic Membership” refers to the basic version of a membership Account, which includes access to concierge and technology services, and valuable content (e.g., access to content from Function’s library, webinars with media personality and/or subject matter specialist) and offerings for products and services, but does not include the purchase of any third-party laboratory testing services, medical services, or any other healthcare items or services. For clarity, a New Account will only be subject to a Referral Fee and payable to you if: (a) you have complied with all applicable terms and conditions (e.g. Referral Program Terms, these Terms) in referring the New Account to Function; and (b) the registrant of the New Account is a Qualifying Referral who used your Code at the time of sign-up. For the avoidance of doubt, memberships purchased, subsidized, or otherwise provided through an employer-sponsored, enterprise, corporate, broker, group, or similar arrangement (“Enterprise Memberships”) do not qualify as Qualifying Memberships, regardless of whether such memberships are associated with an individual Account, and are not eligible for any Referral Fee.

The Referral Fee is payable on a Qualifying Referral’s first membership payment only, and not on any renewal and/or other purchases of Function’s Services by a Qualifying Referral. Limit one Referral Fee per Qualifying Referral, regardless of the number of Accounts opened or services purchased by such individual.

Charges & Financial Obligations · Procedure

Cash referral payouts use Impact and are due within 30 days after qualification

Function promises periodic email referral counts and payment through Impact to a valid designated bank account within 30 days after referral qualification. The remittance clause cites “Section 4 (i),” while the supplied Compensation (i) paragraph expressly describes the new-account and 60-day criteria; this card does not invent a numbered alias. The separate fee clause permits credit rather than cash awards. Keep bank details current; neither Function nor Impact accepts responsibility for returned deposits. You bear taxes, with possible Impact withholding under its separate policies, which are not supplied here.

Supporting quotations

(ii) Tracking Qualifying Referrals. We will provide you with periodic updates via email regarding the number of Qualifying Referrals generated using your Code.

(iii) Remitting Referral Fee. We will pay you, through Impact, the Referral Fees due to you via direct deposit to your designated bank account in accordance with the valid bank account information provided by you to Impact. You will receive payment for referrals within thirty (30) days after the referral qualifies for payment pursuant to criteria identified in Section 4 (i). You must have a valid bank account to receive payment of the Referral Fees and is solely responsible for keeping such bank account information up to date with Impact. All federal, state, and local taxes (including income and withholding taxes) associated with your receipt of the Referral Fees are your sole responsibility, except that Impact may withhold taxes as appropriate in accordance with Impact’s policies.

(ii) You are solely responsible for ensuring that Impact has your current designated bank account information. Neither Function nor Impact is responsible for any returned direct deposits.

(i) Referral Fee: You will receive a referral fee (the “Referral Fee”) for each Qualifying Referral (as defined below), in an amount determined by Function in its sole discretion and subject to the Referral Program Terms. The Referral Fee may, in Function’s sole discretion, be paid either in cash or in the form of a promotional or account credit, in an amount and on terms designated by Function. There is no limit to the number of Qualifying Referrals or the amount of Referral Fees that you can receive as the person making a Qualifying Referral. In addition, Function may, in its sole discretion, offer the recipient of a Qualifying Referral a one-time only promotional or account credit, discount, or other incentive in an amount and on terms designated by Function. Any such credit, discount, or incentive is offered solely by Function, is not transferable and has no cash value unless expressly stated otherwise, and is subject to any additional terms and conditions imposed by Function. “Qualifying Referral” is an individual who (i) opens a new Account (i.e., does not have and has not previously had an account for the Services) (“New Account”) with at least a “Basic Membership” using your Code; and (ii) maintains such New Account active for at least sixty (60) days from the effective date of the New Account opening. “Basic Membership” refers to the basic version of a membership Account, which includes access to concierge and technology services, and valuable content (e.g., access to content from Function’s library, webinars with media personality and/or subject matter specialist) and offerings for products and services, but does not include the purchase of any third-party laboratory testing services, medical services, or any other healthcare items or services. For clarity, a New Account will only be subject to a Referral Fee and payable to you if: (a) you have complied with all applicable terms and conditions (e.g. Referral Program Terms, these Terms) in referring the New Account to Function; and (b) the registrant of the New Account is a Qualifying Referral who used your Code at the time of sign-up. For the avoidance of doubt, memberships purchased, subsidized, or otherwise provided through an employer-sponsored, enterprise, corporate, broker, group, or similar arrangement (“Enterprise Memberships”) do not qualify as Qualifying Memberships, regardless of whether such memberships are associated with an individual Account, and are not eligible for any Referral Fee.

Not stated here

• Function promises periodic email referral counts and payment through Impact to a valid designated bank account within 30 days after referral qualification. The remittance clause cites “Section 4 (i),” while the supplied Compensation (i) paragraph expressly describes the new-account and 60-day criteria; this card does not invent a numbered alias. The separate fee clause permits credit rather than cash awards. Keep bank details current; neither Function nor Impact accepts responsibility for returned deposits. You bear taxes, with possible Impact withholding under its separate policies, which are not supplied here.

Charges & Financial Obligations · Restriction or exception

Errors, fraud, breaches and enterprise memberships can eliminate referral fees

Fees are excluded when tied to Function mistakes, fraud, participant breaches, technical malfunction, system interference, third-party conduct impairing qualification or payment, or enterprise/group memberships including those funded partly by an employer or similar arrangement. Function’s measurement is the sole source for qualification and, to the fullest extent law permits, it has final authority over awards and improper issuance.

Supporting quotations

(iv) Limitations on Referral Fee.

You will not be entitled to any Referral Fee that arises out of and/or relates to one or more of the following: (a) a mistake on our part, (b) fraudulent conduct (by you, Qualifying Referral, or otherwise), (c) your acts and/or omissions in breach of the Referral Program Terms or any other provision of these Terms, (d) a technical malfunction, (e) interference with Function’s systems and/or technologies, (f) the acts and/or omissions of any third party (intentional, negligent, or otherwise) that adversely impact the determination of a Qualifying Referral and/or result in the improper qualification of, tabulation of, and/or payment to one or more Qualifying Referrals, and/or (g) any Enterprise Membership, including without limitation any membership purchased, reimbursed, subsidized, or paid for in whole or in part by an employer, organization, or other third-party pursuant to a corporate, enterprise, broker, group, or similar arrangement (collectively, “Extenuating Circumstances”).

e. General Conditions.

(i) Our measurement of Qualifying Referrals will be the sole source of determining whether and to what extent you will receive any Referral Fees. To the fullest extent permitted by law, we retain the sole and final decisional authority regarding (a) whether to issue a Referral Fee to you; and (b) whether a Referral Fee was improperly issued to you.

Charges & Financial Obligations · Restriction or exception

Suspension blocks new fees; termination outcomes depend on the reason

No fees are owed for referrals generated during suspension. Termination for cause forfeits unpaid fees; termination because membership expires requires payment of fees accrued by the effective date. Actual or suspected Content Guidelines violations separately permit deactivation and loss of fees, so the expiry promise does not erase program compliance conditions. The linked guidelines are not supplied here.

Supporting quotations

In the event your Account is suspended for any reason, you will not be entitled to any Referral Fees generated during the period of suspension. If your Account is terminated, (a) you will forfeit any unpaid Referral Fees if such termination is for cause, or (b) we will pay you all Referral Fees accrued as of the effective date of termination if the Account is terminated due to expiration of your membership.

(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

• No fees are owed for referrals generated during suspension. Termination for cause forfeits unpaid fees; termination because membership expires requires payment of fees accrued by the effective date. Actual or suspected Content Guidelines violations separately permit deactivation and loss of fees, so the expiry promise does not erase program compliance conditions. The linked guidelines are not supplied here.

Charges & Financial Obligations · Restriction or exception

Improper referral payments must be returned within 14 days of a detailed demand

To the fullest extent law permits, Function may reasonably determine that fees were improperly paid because of the specified errors, fraud or other Extenuating Circumstances. You must repay within 14 days of its written detailed demand to the specified address or account. It may also offset amounts owed against future fees, in addition to other available remedies.

Supporting quotations

(iii) In addition to and without the limitation of all other remedies that may be available to us, and to the fullest extent allowed by law, if we determine, in our sole, final, and reasonable discretion, that any Referral Fees already paid to you should not have been issued due to one or more Extenuating Circumstances, you agree that, in addition to all other remedies available at law, within fourteen (14) days of our written, detailed demand for the return of one or more improperly paid Referral Fees, you will return any and all such Referral Fees to us at the address and/or account information provided by us.

(iv) We reserve the right to offset any Referral Fees due to you with amounts owed by you to us as a result of an improper payment of a Referral Fee, as described in this section.

(i) We reserve the right to offset any Referral Fees due to you with amounts owed by you to us as a result of an improper payment of a Referral Fee, as described in this section.

Content & IP Rights · Permission or license

Referral participants receive a narrow exception to brand-use restrictions

During program participation, Function grants a limited, revocable, nonexclusive, nontransferable and nonsublicensable license to its supplied Function Health name, logo and slogan solely for compliant code sharing, subject to brand/use guidelines. The provision expressly overrides contrary general Terms; other rights remain reserved. Separate branding guidelines are not supplied here.

Supporting quotations

f. License. Notwithstanding any provision to the contrary in these Terms, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, license during the term of your participation in the Referral Program, to use Function’s “Function Health” name, logo, and slogan provided by us, strictly for use in connection with sharing your Code for purposes of generating referrals in compliance with the Referral Program Terms, and in each instance, subject to our branding and use guidelines. All rights not specifically granted to you under the Referral Program Terms are reserved by Function.

Not stated here

• During program participation, Function grants a limited, revocable, nonexclusive, nontransferable and nonsublicensable license to its supplied Function Health name, logo and slogan solely for compliant code sharing, subject to brand/use guidelines. The provision expressly overrides contrary general Terms; other rights remain reserved. Separate branding guidelines are not supplied here.

Cross-references

• narrows (model-proposed): Function and licensors retain FH Content and brand rights — exception_to: The referral clause expressly grants limited branded-code-sharing rights notwithstanding contrary general restrictions.

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.

Charges & Financial Obligations · Restriction or exception

Referral earnings and tracking are not guaranteed

Function disclaims warranties about the referral program, earnings, code functionality, referral counting, fee calculation or payment and Impact’s conduct. General liability limits apply as well, including their stated legal and misconduct/injury exceptions. This does not establish a promised minimum income or erase express qualifying-fee payment conditions.

Supporting quotations

h. FUNCTION DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS OR WARRANTIES AND EXCLUSIONS SET FORTH ELSEWHERE IN THESE TERMS, FUNCTION MAKES NO WARRANTY OF ANY KIND REGARDING THE REFERRAL PROGRAM AND ANY AMOUNT OF REFERRAL FEES YOU MAY EARN THROUGH YOUR PARTICIPATION IN THE REFERRAL PROGRAM. FURTHER, FUNCTION IS NOT RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE REFERRAL PROGRAM, INCLUDING WITHOUT LIMITATION, THAT THE REFERRAL PROGRAM WILL BE ERROR-FREE, OR AS TO THE ACCURACY, COMPLETENESS, FUNCTIONALITY, AND/OR TIMELINESS OF YOUR CODE, TABULATION OF THE QUALIFYING REFERRALS, AND/OR CALCULATION OR PAYMENT OF THE REFERRAL FEES, OR FOR ANY ACTS OR OMISSIONS OF IMPACT. THE LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THESE TERMS ALSO APPLY TO YOUR PARTICIPATION IN THE REFERRAL PROGRAM.

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.

Account & Service Control · Restriction or exception

Family Plans connect billing, not medical authority or shared accounts

Section 21 applies to Family Plan participants in addition to the general Terms and Privacy Policy, and controls conflicts only for Family Plans. Each participant keeps their own account and subscription and separately accepts consents. The plan is not a joint medical record, agency, guardianship, proxy or authority to make another competent adult’s healthcare decisions. A payer’s authority is limited to the expressly described charges. Each funded Seat remains an independent subscription with its own term and entitlements.

Supporting quotations

Section 21. Family Plans. If you create, join, pay for, administer, or otherwise participate in a Function Family Plan (a “Family Plan” or “Plan”), this Section 21 applies to you in addition to all other provisions of these Terms and the Privacy Policy. A Family Plan is a connected-billing program for individual Subscriptions. Function may also make optional account features available to Plan participants. Each Plan participant must maintain their own Account and Subscription, and separately accept these Terms and any consents or authorizations applicable to that individual. A Family Plan is not a joint Account or Subscription, shared medical record, guardianship, agency relationship, healthcare proxy, power of attorney, personal-representative designation, or authorization for one participant to make healthcare or other decisions for another participant, except for the Payer’s limited authorization to pay the charges expressly described in this Section 21. A Payer or any other Plan participant may not accept consents or provide healthcare or other authorizations on behalf of another competent adult. If another provision of these Terms conflicts with this Section 21, this Section 21 controls solely with respect to a Family Plan.

a. Family Plan Structure and Definitions. A Family Plan allows one eligible individual User (the “Payer”) to pay for an individual Subscription for one or more other eligible individual Users (“Sponsored Members”). Each individual Subscription funded through a Family Plan and held by a Sponsored Member is a “Seat.” Each Seat is a separate Subscription (offered subject to the Terms) that retains its own activation date, renewal date, term, eligibility, and Service entitlements. For purposes of a Family Plan, the following definitions apply:

Charges & Financial Obligations · Context

Each sponsored Seat is a separate subscription with its own term

A Family Plan lets an eligible individual Payer fund other eligible individual users’ subscriptions, called Seats. Sponsorship is that funding arrangement; an Invite asks someone to join, and Funding Source identifies the responsible person and payment method. Each Seat keeps its own activation, renewal, eligibility and benefits. Unless Function allows otherwise, there is one Payer per plan, one plan per person and one funded subscription per person. The payer role concerns billing, not control of another account.

Supporting quotations

a. Family Plan Structure and Definitions. A Family Plan allows one eligible individual User (the “Payer”) to pay for an individual Subscription for one or more other eligible individual Users (“Sponsored Members”). Each individual Subscription funded through a Family Plan and held by a Sponsored Member is a “Seat.” Each Seat is a separate Subscription (offered subject to the Terms) that retains its own activation date, renewal date, term, eligibility, and Service entitlements. For purposes of a Family Plan, the following definitions apply:

i. A “Sponsorship” is the arrangement under which the Payer funds a Sponsored Member’s Seat.

ii. An “Invite” is an invitation to join a Family Plan as a Sponsored Member.

iii. A “Funding Source” means the person responsible for a charge and the Payment Method used to pay that charge.

The Payer is financially responsible for each Seat they fund. The Payer role is a billing role only and does not give the Payer control over another User’s Account, Subscription, or Services. Unless Function expressly provides otherwise, each Plan is limited to a single Payer, each person may participate in only one Family Plan at a time, and each person may have only one funded Subscription at a time.

Account & Service Control · Restriction or exception

Family Plans require adult eligible members but generally not kinship

Payers must have an active subscription, valid payment method, good standing and meet geographic, identity and other requirements. Sponsored Members must be adults with unique accounts in an eligible jurisdiction and accept applicable terms. Specially funded or employer subscriptions may be ineligible. Unless an offer says otherwise, members need not be related or cohabit; relationship labels create no legal authority or tax, insurance or reimbursement eligibility.

Supporting quotations

b. Eligibility. Family Plans are currently available only to eligible Users at least eighteen (18) years old. To create or maintain a Family Plan, the Payer must be an eligible adult User, maintain an active Subscription and a valid Payment Method, remain in good standing under the Terms, and satisfy any applicable geographic, identity, fraud-prevention, and other program requirements. A Sponsored Member must be at least eighteen (18) years old, maintain a unique Account, reside in a jurisdiction where the applicable Subscription is available, accept the Terms, and satisfy any Service-specific eligibility requirements. Employer-sponsored, enterprise, subsidized, or other specially-funded Subscriptions may be ineligible to participate in a Family Plan. Unless an applicable offer states otherwise, Plan participants do not need to be legally related or live at the same address. Relationship labels such as spouse, partner, parent, child, or friend are for personalization only and do not create legal authority or establish eligibility for reimbursement, tax, insurance, or other purposes.

Account & Service Control · User right or choice

Sponsored members keep their own health decisions, data and service rights

Sponsored Members retain individual accounts, information, results, consents, appointments and purchases, and substantially the same eligible-service and credit access as self-paying users. Paying alone gives no access to another person’s results or notes, control of their account, authority to consent, order tests, contact providers for them or make healthcare decisions. The narrow exception is authorized logistical coordination through an offered scheduling feature.

Supporting quotations

c. Individual Subscriptions and Participant Rights. Each Seat provides the Sponsored Member with the applicable standard Subscription entitlements. A Sponsored Member is an individual User and maintains their own Account, Personal Information, Lab Results, consents, appointments, purchases, and healthcare decisions. A Payer’s payment for a Sponsored Member’s Seat, by itself, does not give the Payer access to the Sponsored Member’s Lab Results, clinician notes, messages, health information, or other Services. A Sponsored Member may use their Subscription, schedule and receive eligible Services, view their own Lab Results and clinician notes, purchase Add-On Services, and use their own Credits on substantially the same basis as a self-paying User, subject to the Terms and any Service-specific requirements. The Payer may not, solely because they fund a Seat, access, edit, close, or control another User’s Account; accept healthcare or other consents on another User’s behalf; order or schedule tests or other Services for another User (except as expressly permitted through the offer of a coordinated-scheduling feature, described below); communicate with third-party medical providers on another User’s behalf; or make healthcare decisions for another User.

i. Coordinated Scheduling within a Plan. Where Function makes coordinated or group scheduling available, a Plan participant may schedule, reschedule, or cancel a mobile phlebotomy appointment for another adult Plan participant with that participant’s authorization. This authority is limited to logistical appointment coordination and does not authorize the scheduling participant to order laboratory testing, accept healthcare, privacy, or other consents, provide healthcare authorizations, make healthcare decisions, or access the other participant’s Lab Results, clinician notes, or other health information. The participant receiving the Services remains responsible for satisfying applicable eligibility requirements, completing required forms and consents, following applicable preparation instructions, and attending the appointment. By scheduling for another participant, the scheduling participant represents that they have that participant’s authorization to do so.

Account & Service Control · Permission or license

Authorized group scheduling is limited to appointment logistics

If Function offers the feature, a participant may schedule, reschedule or cancel another adult participant’s mobile-phlebotomy appointment with authorization. It gives no authority to order tests, accept consents, make healthcare decisions or access results, notes or other health information. The service recipient still must meet eligibility, complete consents and forms, follow preparation instructions and attend. The scheduler represents having permission.

Supporting quotations

i. Coordinated Scheduling within a Plan. Where Function makes coordinated or group scheduling available, a Plan participant may schedule, reschedule, or cancel a mobile phlebotomy appointment for another adult Plan participant with that participant’s authorization. This authority is limited to logistical appointment coordination and does not authorize the scheduling participant to order laboratory testing, accept healthcare, privacy, or other consents, provide healthcare authorizations, make healthcare decisions, or access the other participant’s Lab Results, clinician notes, or other health information. The participant receiving the Services remains responsible for satisfying applicable eligibility requirements, completing required forms and consents, following applicable preparation instructions, and attending the appointment. By scheduling for another participant, the scheduling participant represents that they have that participant’s authorization to do so.

Account & Service Control · Procedure

Invites require consent, payer approval and authenticated acceptance

Creating a plan does not change the payer’s existing term. Sending an invite causes no charge, but sending or approving it authorizes the disclosed Seat charges under the billing rules. Member-sent invites require payer approval before activation. Invitees separately accept their own terms, through the link or another authenticated flow; matching contact details is insufficient. The sender represents contact-sharing authority and recipient consent. Invites normally expire after 14 days and can be revoked or resent without creating another Seat.

Supporting quotations

d. Creating a Family Plan and Invites. An eligible User may create a Family Plan and become the Payer. Creating a Family Plan does not interrupt, extend, shorten, or otherwise modify the Payer’s existing Subscription term or entitlements. The Payer and, where Function permits, a Sponsored Member may send an Invite to an eligible person. Sending an Invite does not result in a charge. If the Payer sends or affirmatively approves an Invite, the Payer authorizes Function to charge the designated Payment Method for the applicable Seat in accordance with the charge timing and recurring-billing terms described below. The applicable Seat price and initial charge timing will be disclosed to the Payer before the Payer sends or approves the Invite. An Invitee must separately accept the applicable terms and authorizations for their own Account. If a Sponsored Member sends an Invite, the Payer must approve the proposed Seat and applicable charge before the Seat is activated and the Payer becomes responsible for payment. Invites are personal and intended for the person identified by the sender. Unless Function states otherwise, an Invite expires fourteen (14) days after issuance. An Invite may be revoked or resent, but resending an Invite does not create a second Seat. Acceptance must occur through the applicable Invite link or another authenticated Function flow. Merely matching an email address or telephone number does not enroll a person in a Family Plan or authorize a change in Subscription funding. If the Payer’s payment fails at activation, the Seat will not activate unless and until payment is successfully completed, subject to the applicable Invite period and Function’s applicable procedures. The Invite recipient is not personally responsible for the Payer’s failed payment. By providing an Invitee’s contact information, the sender represents that they are authorized to provide that information and that the Invitee has consented to receive the invitation through the selected communication method. Unless Function expressly provides otherwise, sending or accepting a Family Plan Invite does not create eligibility for a Referral Fee or other incentive under the Referral Program (or similar program).

Charges & Financial Obligations · Restriction or exception

New members can activate a sponsored subscription without a personal payment method

Activation requires eligibility, identity checks, acceptance of terms and successful payer payment. The subscription generally starts upon completed enrollment and successful charge, with its own renewal date. Failed payer payment prevents activation but does not make the invitee personally liable. A personal method may still be required for unfunded add-ons and other purchases. Family invitations do not earn referral incentives unless Function expressly allows it.

Supporting quotations

e. New Members Joining as Sponsored Members. A new Sponsored Member may establish an Account and activate a Seat without providing a personal Payment Method for the Subscription. Activation is subject to successful payment by the Payer, eligibility and identity requirements, and acceptance of all applicable terms. The Sponsored Member’s Subscription generally begins when enrollment is completed and the applicable Seat charge is successfully processed. The Seat has its own renewal date based on the Seat activation date unless Function communicates otherwise. Upon activation, the Sponsored Member receives the applicable Subscription entitlements associated with the Seat. A Sponsored Member may be required to provide a personal Payment Method for Add-On Services, Products, Gifts, or other purchases that are not funded through the Family Plan.

d. Creating a Family Plan and Invites. An eligible User may create a Family Plan and become the Payer. Creating a Family Plan does not interrupt, extend, shorten, or otherwise modify the Payer’s existing Subscription term or entitlements. The Payer and, where Function permits, a Sponsored Member may send an Invite to an eligible person. Sending an Invite does not result in a charge. If the Payer sends or affirmatively approves an Invite, the Payer authorizes Function to charge the designated Payment Method for the applicable Seat in accordance with the charge timing and recurring-billing terms described below. The applicable Seat price and initial charge timing will be disclosed to the Payer before the Payer sends or approves the Invite. An Invitee must separately accept the applicable terms and authorizations for their own Account. If a Sponsored Member sends an Invite, the Payer must approve the proposed Seat and applicable charge before the Seat is activated and the Payer becomes responsible for payment. Invites are personal and intended for the person identified by the sender. Unless Function states otherwise, an Invite expires fourteen (14) days after issuance. An Invite may be revoked or resent, but resending an Invite does not create a second Seat. Acceptance must occur through the applicable Invite link or another authenticated Function flow. Merely matching an email address or telephone number does not enroll a person in a Family Plan or authorize a change in Subscription funding. If the Payer’s payment fails at activation, the Seat will not activate unless and until payment is successfully completed, subject to the applicable Invite period and Function’s applicable procedures. The Invite recipient is not personally responsible for the Payer’s failed payment. By providing an Invitee’s contact information, the sender represents that they are authorized to provide that information and that the Invitee has consented to receive the invitation through the selected communication method. Unless Function expressly provides otherwise, sending or accepting a Family Plan Invite does not create eligibility for a Referral Fee or other incentive under the Referral Program (or similar program).

Charges & Financial Obligations · Restriction or exception

Existing members keep their prepaid term and switch funding at renewal

Joining a Family Plan does not create overlapping subscriptions, double billing, a shorter term or an automatic refund. Existing benefits and funding continue through the paid term. At the next renewal, an active plan and sponsorship with successful payment shift the funding source to the payer. Prior promotions or special pricing do not automatically continue or transfer, and Family Plan pricing generally cannot stack with other discounts. Personal add-ons, credits, appointments and results remain with the member.

Supporting quotations

f. Existing Members Joining a Family Plan. An existing self-paying User who accepts an Invite retains their existing Subscription, current Subscription term, renewal date, benefits, and prepaid funding arrangement through the end of the then-current Subscription term. Joining a Family Plan does not create a second active Subscription or overlapping Subscription term, result in double billing, shorten the existing prepaid term, or by itself create a refund for the existing prepaid term. At the existing User’s next renewal date, the Payer becomes the Funding Source for that Seat if the Family Plan and Sponsorship remain active and payment succeeds. A promotion, legacy price, subsidy, or special arrangement applicable to the User’s existing prepaid term remains applicable only to that term unless Function expressly provides otherwise. It does not automatically transfer to the Payer or become a continuing Family Plan discount. Unless an applicable offer expressly provides otherwise, Family Plan pricing may not be combined with other Subscription discounts, promotions, or special pricing. Existing Add-On purchases, Credits, appointments, pending Services, and in-process or pending Lab Results remain associated with the Sponsored Member and are not transferred to the Payer merely because the Subscription’s Funding Source changes. While Sponsorship remains active, the Sponsored Member’s personal Payment Method will not be charged for renewal of the sponsored Subscription. If Sponsorship ends, Function will not automatically resume or initiate charges to the Sponsored Member’s personal Payment Method. The Sponsored Member must affirmatively elect self-payment and authorize future renewal charges to continue beyond the then-current Subscription period.

Charges & Financial Obligations · User right or choice

A sponsored member must affirmatively authorize a later switch to self-payment

While sponsorship is active, the member’s personal method is not charged for sponsored renewal. If sponsorship ends, Function will not automatically resume personal charges: the member must elect self-payment and authorize future renewal charges to continue beyond the paid period. This does not relieve separate personal-purchase or direct-laboratory charges.

Supporting quotations

f. Existing Members Joining a Family Plan. An existing self-paying User who accepts an Invite retains their existing Subscription, current Subscription term, renewal date, benefits, and prepaid funding arrangement through the end of the then-current Subscription term. Joining a Family Plan does not create a second active Subscription or overlapping Subscription term, result in double billing, shorten the existing prepaid term, or by itself create a refund for the existing prepaid term. At the existing User’s next renewal date, the Payer becomes the Funding Source for that Seat if the Family Plan and Sponsorship remain active and payment succeeds. A promotion, legacy price, subsidy, or special arrangement applicable to the User’s existing prepaid term remains applicable only to that term unless Function expressly provides otherwise. It does not automatically transfer to the Payer or become a continuing Family Plan discount. Unless an applicable offer expressly provides otherwise, Family Plan pricing may not be combined with other Subscription discounts, promotions, or special pricing. Existing Add-On purchases, Credits, appointments, pending Services, and in-process or pending Lab Results remain associated with the Sponsored Member and are not transferred to the Payer merely because the Subscription’s Funding Source changes. While Sponsorship remains active, the Sponsored Member’s personal Payment Method will not be charged for renewal of the sponsored Subscription. If Sponsorship ends, Function will not automatically resume or initiate charges to the Sponsored Member’s personal Payment Method. The Sponsored Member must affirmatively elect self-payment and authorize future renewal charges to continue beyond the then-current Subscription period.

h. Payment Methods and Personal Purchases. The Payer must maintain a valid Payment Method capable of paying the Family Plan charges for which the Payer is responsible. The Payer’s Payment Method generally funds the Subscription Seats the Payer sponsors. A Sponsored Member’s own Payment Method generally funds that Sponsored Member’s Add-On purchases and other personal purchases. A Sponsored Member’s purchase of an Add-On Service, Product, Gift, or other charge does not automatically become the Payer’s responsibility merely because the Sponsored Member participates in the Family Plan. Function may permit Credits or other payment methods to be applied to eligible Family Plan charges as described in Section 13(e) or other applicable terms. Taxes and reimbursement eligibility remain subject to applicable laws and terms. Function does not guarantee that a Family Plan charge, Seat charge, or other purchase will qualify for reimbursement through an employer, insurer, HSA, FSA, or other benefit arrangement.

Charges & Financial Obligations · Procedure

Each Seat renews annually on its own date at the disclosed price

Creating a Family Plan does not change the payer’s own subscription price or charge for invites or unused Seats. Each Seat has a separately disclosed price and independent annual renewal date; adding or removing Seats does not cause proration or alter other dates unless expressly provided. New-member charges occur on completed enrollment and activation; existing-member charges begin at their next renewal. Price changes are prospective with required notice and disclosed before an affected activation or renewal.

Supporting quotations

g. Pricing, Billing, and Renewal. The Payer’s own Subscription remains subject to the price applicable to that Subscription. Creating or maintaining a Family Plan does not change the Payer’s Subscription price. Each Sponsored Member’s Seat is charged at the Family Plan Seat price disclosed before initial activation and before any renewal to which a changed price will apply. Any promotional or introductory Family Plan pricing will be subject to the applicable offer terms. The Payer is not charged merely for creating a Family Plan, sending an Invite, or maintaining an unaccepted or unoccupied Seat. Each Seat has its own renewal date and renews independently. Adding or removing a Seat does not change another Seat’s renewal date or create a proration, mid-cycle adjustment, or retroactive charge unless Function expressly provides otherwise. For a new Function member, the Payer is charged when the Invitee accepts the Invite, completes enrollment, and the Seat activates. For an existing Function member, no charge is made upon acceptance; the member’s current Subscription period continues, and the Payer is first charged on that member’s next renewal date. Each Seat automatically renews for successive annual Subscription periods on its own renewal date unless Sponsorship or renewal of that Seat is canceled before the applicable renewal date. By sending or approving an Invite through the applicable Family Plan flow, the Payer expressly authorizes Function to charge the designated Payment Method for the initial Seat charge and each recurring renewal charge. The Seat price and initial charge timing will be disclosed before approval. The Payer may stop future Seat charges by removing the Sponsored Member or canceling renewal of the Seat through the controls Function makes available, provided the action is completed before the applicable renewal date. Notwithstanding Sections 13(a) and 13(b)(i), the Payer, and not the Sponsored Member, is financially responsible for Seat charges that the Payer has agreed to fund. While Sponsorship remains active, the Payer’s authorization governs the recurring charges for the applicable Seat, and Function will not charge the Sponsored Member’s personal Payment Method for those charges. If the Payer’s payment fails or the Payer otherwise fails or refuses to pay a Payer-funded Seat charge, Function may take the actions permitted under this Section 21 but will not seek payment of that charge from the Sponsored Member unless the Sponsored Member separately and affirmatively elects self-payment and authorizes the applicable charge. This does not affect any Add-On Service, direct laboratory fee, or other charge for which the Sponsored Member is separately responsible under these Terms. Function may change applicable Subscription or Seat pricing prospectively as permitted by the Terms and applicable law and will provide any notice required before applying a changed price to a future activation or renewal.

Charges & Financial Obligations · Permission or license

Payers authorize recurring Seat charges and may stop them before renewal

Sending or approving a Family Plan invite authorizes the initial and recurring Seat charges on the designated method after price and timing disclosure. To stop future charges, remove the member or cancel Seat renewal through offered controls before its renewal date. Each Seat renews for successive annual terms unless sponsorship or renewal is canceled in time.

Supporting quotations

g. Pricing, Billing, and Renewal. The Payer’s own Subscription remains subject to the price applicable to that Subscription. Creating or maintaining a Family Plan does not change the Payer’s Subscription price. Each Sponsored Member’s Seat is charged at the Family Plan Seat price disclosed before initial activation and before any renewal to which a changed price will apply. Any promotional or introductory Family Plan pricing will be subject to the applicable offer terms. The Payer is not charged merely for creating a Family Plan, sending an Invite, or maintaining an unaccepted or unoccupied Seat. Each Seat has its own renewal date and renews independently. Adding or removing a Seat does not change another Seat’s renewal date or create a proration, mid-cycle adjustment, or retroactive charge unless Function expressly provides otherwise. For a new Function member, the Payer is charged when the Invitee accepts the Invite, completes enrollment, and the Seat activates. For an existing Function member, no charge is made upon acceptance; the member’s current Subscription period continues, and the Payer is first charged on that member’s next renewal date. Each Seat automatically renews for successive annual Subscription periods on its own renewal date unless Sponsorship or renewal of that Seat is canceled before the applicable renewal date. By sending or approving an Invite through the applicable Family Plan flow, the Payer expressly authorizes Function to charge the designated Payment Method for the initial Seat charge and each recurring renewal charge. The Seat price and initial charge timing will be disclosed before approval. The Payer may stop future Seat charges by removing the Sponsored Member or canceling renewal of the Seat through the controls Function makes available, provided the action is completed before the applicable renewal date. Notwithstanding Sections 13(a) and 13(b)(i), the Payer, and not the Sponsored Member, is financially responsible for Seat charges that the Payer has agreed to fund. While Sponsorship remains active, the Payer’s authorization governs the recurring charges for the applicable Seat, and Function will not charge the Sponsored Member’s personal Payment Method for those charges. If the Payer’s payment fails or the Payer otherwise fails or refuses to pay a Payer-funded Seat charge, Function may take the actions permitted under this Section 21 but will not seek payment of that charge from the Sponsored Member unless the Sponsored Member separately and affirmatively elects self-payment and authorizes the applicable charge. This does not affect any Add-On Service, direct laboratory fee, or other charge for which the Sponsored Member is separately responsible under these Terms. Function may change applicable Subscription or Seat pricing prospectively as permitted by the Terms and applicable law and will provide any notice required before applying a changed price to a future activation or renewal.

Charges & Financial Obligations · Restriction or exception

The payer alone owes agreed Seat charges unless the member opts into self-payment

Section 21 expressly overrides general purchase and renewal liability for payer-funded Seats. Function will not charge or seek those charges from the Sponsored Member, even if the payer fails or refuses payment, unless the member separately affirmatively elects and authorizes self-payment. Separate add-on, direct lab and other personally owed charges are unaffected.

Supporting quotations

g. Pricing, Billing, and Renewal. The Payer’s own Subscription remains subject to the price applicable to that Subscription. Creating or maintaining a Family Plan does not change the Payer’s Subscription price. Each Sponsored Member’s Seat is charged at the Family Plan Seat price disclosed before initial activation and before any renewal to which a changed price will apply. Any promotional or introductory Family Plan pricing will be subject to the applicable offer terms. The Payer is not charged merely for creating a Family Plan, sending an Invite, or maintaining an unaccepted or unoccupied Seat. Each Seat has its own renewal date and renews independently. Adding or removing a Seat does not change another Seat’s renewal date or create a proration, mid-cycle adjustment, or retroactive charge unless Function expressly provides otherwise. For a new Function member, the Payer is charged when the Invitee accepts the Invite, completes enrollment, and the Seat activates. For an existing Function member, no charge is made upon acceptance; the member’s current Subscription period continues, and the Payer is first charged on that member’s next renewal date. Each Seat automatically renews for successive annual Subscription periods on its own renewal date unless Sponsorship or renewal of that Seat is canceled before the applicable renewal date. By sending or approving an Invite through the applicable Family Plan flow, the Payer expressly authorizes Function to charge the designated Payment Method for the initial Seat charge and each recurring renewal charge. The Seat price and initial charge timing will be disclosed before approval. The Payer may stop future Seat charges by removing the Sponsored Member or canceling renewal of the Seat through the controls Function makes available, provided the action is completed before the applicable renewal date. Notwithstanding Sections 13(a) and 13(b)(i), the Payer, and not the Sponsored Member, is financially responsible for Seat charges that the Payer has agreed to fund. While Sponsorship remains active, the Payer’s authorization governs the recurring charges for the applicable Seat, and Function will not charge the Sponsored Member’s personal Payment Method for those charges. If the Payer’s payment fails or the Payer otherwise fails or refuses to pay a Payer-funded Seat charge, Function may take the actions permitted under this Section 21 but will not seek payment of that charge from the Sponsored Member unless the Sponsored Member separately and affirmatively elects self-payment and authorizes the applicable charge. This does not affect any Add-On Service, direct laboratory fee, or other charge for which the Sponsored Member is separately responsible under these Terms. Function may change applicable Subscription or Seat pricing prospectively as permitted by the Terms and applicable law and will provide any notice required before applying a changed price to a future activation or renewal.

Cross-references

• narrows (model-proposed): You remain responsible for private-pay services if a sponsor fails to pay — exception_to: The Family Plan clause expressly overrides general sponsor-nonpayment liability for agreed payer-funded Seats; separate personal charges remain.
• narrows (model-proposed): Renewal charges continue until canceled, with special Family Plan payer rules — exception_to: Specific Family Plan payer responsibility overrides general recurring-charge liability for sponsored Seats.

Charges & Financial Obligations · Restriction or exception

Personal add-ons normally stay the member’s responsibility

The payer must keep a valid method for sponsored Seats; members’ own methods normally fund personal purchases. Family participation alone does not transfer add-on, gift or product costs to the payer. Eligible credits may be accepted, but Function does not guarantee tax benefits or employer, insurer, HSA or FSA reimbursement. Earlier purchases and refunds keep their original funding source.

Supporting quotations

h. Payment Methods and Personal Purchases. The Payer must maintain a valid Payment Method capable of paying the Family Plan charges for which the Payer is responsible. The Payer’s Payment Method generally funds the Subscription Seats the Payer sponsors. A Sponsored Member’s own Payment Method generally funds that Sponsored Member’s Add-On purchases and other personal purchases. A Sponsored Member’s purchase of an Add-On Service, Product, Gift, or other charge does not automatically become the Payer’s responsibility merely because the Sponsored Member participates in the Family Plan. Function may permit Credits or other payment methods to be applied to eligible Family Plan charges as described in Section 13(e) or other applicable terms. Taxes and reimbursement eligibility remain subject to applicable laws and terms. Function does not guarantee that a Family Plan charge, Seat charge, or other purchase will qualify for reimbursement through an employer, insurer, HSA, FSA, or other benefit arrangement.

j. Add-On Services and Other Personal Purchases. A Sponsored Member is responsible for their own Add-On Services and other purchases unless the applicable terms expressly state that the Payer is responsible. Participation in a Family Plan does not cause a Sponsored Member’s personal purchases to become Family Plan charges. Refunds, cancellations, and Credits relating to an Add-On or other personal purchase remain subject to the terms applicable to that purchase, including the Refund and Credit Policy (Section 13(e)), where applicable. A purchase made by a User before joining a Family Plan remains associated with the User’s original payment source. A later change in the Funding Source for the User’s Subscription does not redirect a refund for that earlier purchase to the Payer.

Charges & Financial Obligations · Permission or license

Paying for another member’s appointment grants no health-data authority

If offered, a scheduler or payer can pay another participant’s mobile-phlebotomy charge. Function discloses the amount and method before confirmation; confirmation authorizes that charge. It conveys no health-information access or healthcare decision authority. Service-specific cancellation and refund terms apply, with cash refunds to the original payment source; those separate service terms are not supplied here.

Supporting quotations

i. Payment for Coordinated Scheduling within a Plan. Where Function permits a Plan participant to schedule a mobile phlebotomy appointment for another participant, Function may also permit the scheduling participant or Payer to pay the applicable appointment charge. Before the appointment is confirmed, Function will identify the amount to be charged and the applicable Payment Method. By confirming payment, the paying participant authorizes Function to charge that Payment Method for the disclosed amount. Payment does not confer access to the receiving participant’s health information or authority to make healthcare decisions on their behalf. The appointment remains subject to the applicable Service-specific cancellation, rescheduling, and refund terms, and any cash refund will be returned to the original payment source.

Not stated here

• If offered, a scheduler or payer can pay another participant’s mobile-phlebotomy charge. Function discloses the amount and method before confirmation; confirmation authorizes that charge. It conveys no health-information access or healthcare decision authority. Service-specific cancellation and refund terms apply, with cash refunds to the original payment source; those separate service terms are not supplied here.

Sharing & Disclosure · User right or choice

Health-information sharing is optional, off by default and revocable

Optional features may let a user grant read-only access to selected information categories. Only that user can enable, change or revoke it; Family Plan status or payment alone is insufficient. Enabled sharing may cover current and future information until revocation is processed. Revocation ends access through Function but cannot undo information already viewed or saved. Recipients cannot edit accounts, order services, answer communications or make healthcare decisions. Function may change feature availability, scope or controls.

Supporting quotations

i. Optional Account Features. Function may make optional account features available that allow a User to give another User read-only access to specified categories of information. Participation in a Family Plan, payment for a Seat, or status as the Payer does not itself authorize access to another User’s Personal Information, Lab Results, clinician notes, messages, or other health information. Any such access is optional, off by default, and may be enabled, modified, or revoked only by the User whose information is involved. If enabled, access may include current and future information within the selected category until revoked. Revocation ends access through Function when processed, but Function cannot control, rescind, or otherwise manage information the recipient previously viewed or separately saved. Access does not permit the recipient to edit or control the other User’s Account, order Services, respond to communications, or make healthcare decisions on the other User’s behalf. Function may establish or modify the availability, scope, and controls associated with these features.

Cross-references

• qualifies (model-proposed): Sponsored members keep their own health decisions, data and service rights — qualifies: Separate optional user-controlled read-only sharing can permit selected access; billing status alone cannot.

Charges & Financial Obligations · Restriction or exception

Joining a plan does not redirect refunds for personal purchases

Sponsored Members owe their personal add-ons and purchases unless applicable terms expressly assign them to the payer. Their refunds, cancellations and credits follow the purchase’s own terms, including the Refund and Credit Policy where applicable. Purchases made before joining retain their original payment source; later subscription sponsorship does not redirect their refunds to the payer.

Supporting quotations

j. Add-On Services and Other Personal Purchases. A Sponsored Member is responsible for their own Add-On Services and other purchases unless the applicable terms expressly state that the Payer is responsible. Participation in a Family Plan does not cause a Sponsored Member’s personal purchases to become Family Plan charges. Refunds, cancellations, and Credits relating to an Add-On or other personal purchase remain subject to the terms applicable to that purchase, including the Refund and Credit Policy (Section 13(e)), where applicable. A purchase made by a User before joining a Family Plan remains associated with the User’s original payment source. A later change in the Funding Source for the User’s Subscription does not redirect a refund for that earlier purchase to the Payer.

Account & Service Control · User right or choice

Leaving ends plan participation but preserves the paid subscription term

A payer can remove a member and a member can leave using available controls. Removal generally ends future sponsorship, while the already-paid subscription continues through its term and the payer is not charged later renewals. The member must arrange and authorize self-payment or another sponsorship to continue; stored personal methods are not automatically charged. A new account is unnecessary, and toggling optional sharing features alone does not end sponsorship.

Supporting quotations

k. Leaving a Plan or Ending Sponsorship. The Payer may remove a Sponsored Member from the Plan, and a Sponsored Member may leave the Family Plan, using the controls made available by Function. Unless Function states otherwise, removal of a Sponsored Member ends the Sponsorship for future renewal rather than immediately terminating the already-paid Subscription term. The Sponsored Member generally retains the applicable Subscription benefits through the end of the paid term, and the Payer is not charged for a subsequent renewal. Enabling, disabling, or changing an optional account feature does not, by itself, end a participant’s Sponsorship or Subscription. Leaving a Family Plan or being removed from Sponsorship does not terminate an already-paid Subscription period. The Sponsored Member’s membership remains active through the end of the current Subscription period. To continue after that date, the member must establish self-payment or obtain another eligible Sponsorship and, where applicable, affirmatively authorize future renewal charges. Function will not automatically charge a previously stored personal Payment Method solely because Sponsorship ended. The departing Sponsored Member does not need to create a new Account merely because they leave a Family Plan. Leaving a Family Plan or being removed from Sponsorship ends the departing Sponsored Member’s participation in the Plan and any related access provided through Family Plan-specific account features when the departure or removal is processed, even though the Sponsored Member’s paid Subscription may continue through the end of its term. The departure or removal does not transfer or eliminate the Sponsored Member’s Account, Personal Information, Lab Results, valid Credits, Add-On purchases, or other information associated with the Sponsored Member. A Sponsored Member is not entitled to a refund of a Seat charge paid by the Payer merely because the Sponsorship ends. Any refund relating to a Seat charge is governed by the Refund and Credit Policy and any applicable Service-specific terms and is returned to the applicable payment source.

Account & Service Control · Restriction or exception

Departure ends plan-feature access without transferring personal records or value

When departure is processed, plan participation and related feature access end even if paid membership continues. The member keeps their account, information, results, valid credits and add-ons. Ending sponsorship alone gives the member no refund of a payer-funded Seat charge; any eligible refund follows applicable policy and funding source.

Supporting quotations

k. Leaving a Plan or Ending Sponsorship. The Payer may remove a Sponsored Member from the Plan, and a Sponsored Member may leave the Family Plan, using the controls made available by Function. Unless Function states otherwise, removal of a Sponsored Member ends the Sponsorship for future renewal rather than immediately terminating the already-paid Subscription term. The Sponsored Member generally retains the applicable Subscription benefits through the end of the paid term, and the Payer is not charged for a subsequent renewal. Enabling, disabling, or changing an optional account feature does not, by itself, end a participant’s Sponsorship or Subscription. Leaving a Family Plan or being removed from Sponsorship does not terminate an already-paid Subscription period. The Sponsored Member’s membership remains active through the end of the current Subscription period. To continue after that date, the member must establish self-payment or obtain another eligible Sponsorship and, where applicable, affirmatively authorize future renewal charges. Function will not automatically charge a previously stored personal Payment Method solely because Sponsorship ended. The departing Sponsored Member does not need to create a new Account merely because they leave a Family Plan. Leaving a Family Plan or being removed from Sponsorship ends the departing Sponsored Member’s participation in the Plan and any related access provided through Family Plan-specific account features when the departure or removal is processed, even though the Sponsored Member’s paid Subscription may continue through the end of its term. The departure or removal does not transfer or eliminate the Sponsored Member’s Account, Personal Information, Lab Results, valid Credits, Add-On purchases, or other information associated with the Sponsored Member. A Sponsored Member is not entitled to a refund of a Seat charge paid by the Payer merely because the Sponsorship ends. Any refund relating to a Seat charge is governed by the Refund and Credit Policy and any applicable Service-specific terms and is returned to the applicable payment source.

Charges & Financial Obligations · Procedure

Payers owe Seat renewals until cancellation becomes effective

Scheduling the payer’s subscription cancellation generally leaves the plan active until that paid term ends unless separately ended sooner; Function may require ending the plan before scheduling cancellation. The payer owes Seat renewals while sponsorship remains active. After the relevant subscription, plan or sponsorship ends, no affected renewal or new activation is charged and outstanding invites are canceled or suspended. Already-paid individual terms continue, with no automatic member self-payment or refund solely from wind-down.

Supporting quotations

l. Plan Cancellation and Wind-Down. If the Payer schedules cancellation of the Payer’s Subscription for the end of its current term, the Family Plan and existing Sponsorships will remain active until the effective date of that cancellation (i.e., when the Payer’s Subscription term ends), unless the Payer separately ends the Family Plan or an applicable Sponsorship earlier. Function may require the Payer to end the Family Plan before the Payer may schedule cancellation of the Payer’s Subscription. While the Family Plan and applicable Sponsorship remain active, the Payer remains responsible for any Seat renewal occurring before the effective date of cancellation of the Payer’s Subscription. On or after the effective date on which the Payer’s Subscription, the Family Plan, or an applicable Sponsorship ends, Function will not charge the Payer for any affected Seat renewal or new Seat activation, and any outstanding Invites associated with an ended Family Plan will be canceled or suspended. The Payer’s and each Sponsored Member’s already-paid Subscriptions remain active through the end of their respective paid Subscription periods. Function may notify affected Sponsored Members that their Sponsorship is ending and may provide available options to continue through self-payment or another eligible Sponsorship. Termination of a Family Plan or Sponsorship does not automatically convert a Sponsored Member to a self-paid renewal; the Sponsored Member must affirmatively select a plan and authorize the applicable charge or obtain another eligible Sponsorship. If payment for a Seat fails, Function may retry the Payment Method, request updated payment information, suspend or terminate the applicable renewal, or otherwise administer the Seat in accordance with the applicable Subscription terms. A payment failure, refund request, dispute, or chargeback ordinarily affects only the Seat associated with the applicable charge, although Function may take broader action where necessary because of fraud, invalid payment information, or material noncompliance. Plan wind-down does not itself create a refund right for amounts already paid unless a refund, Credit, or other remedy is otherwise required by the applicable terms or applicable law.

Charges & Financial Obligations · Restriction or exception

Seat payment failures usually affect that Seat, with broader fraud exceptions

For a failed Seat payment, Function may retry, request an update or suspend or terminate renewal. Failure, refund disputes and chargebacks normally affect only the associated Seat, but fraud, invalid payment information or material noncompliance can justify broader action. The payer-only Seat liability rule remains: a Sponsored Member must separately authorize self-payment before Function seeks that Seat charge from them.

Supporting quotations

l. Plan Cancellation and Wind-Down. If the Payer schedules cancellation of the Payer’s Subscription for the end of its current term, the Family Plan and existing Sponsorships will remain active until the effective date of that cancellation (i.e., when the Payer’s Subscription term ends), unless the Payer separately ends the Family Plan or an applicable Sponsorship earlier. Function may require the Payer to end the Family Plan before the Payer may schedule cancellation of the Payer’s Subscription. While the Family Plan and applicable Sponsorship remain active, the Payer remains responsible for any Seat renewal occurring before the effective date of cancellation of the Payer’s Subscription. On or after the effective date on which the Payer’s Subscription, the Family Plan, or an applicable Sponsorship ends, Function will not charge the Payer for any affected Seat renewal or new Seat activation, and any outstanding Invites associated with an ended Family Plan will be canceled or suspended. The Payer’s and each Sponsored Member’s already-paid Subscriptions remain active through the end of their respective paid Subscription periods. Function may notify affected Sponsored Members that their Sponsorship is ending and may provide available options to continue through self-payment or another eligible Sponsorship. Termination of a Family Plan or Sponsorship does not automatically convert a Sponsored Member to a self-paid renewal; the Sponsored Member must affirmatively select a plan and authorize the applicable charge or obtain another eligible Sponsorship. If payment for a Seat fails, Function may retry the Payment Method, request updated payment information, suspend or terminate the applicable renewal, or otherwise administer the Seat in accordance with the applicable Subscription terms. A payment failure, refund request, dispute, or chargeback ordinarily affects only the Seat associated with the applicable charge, although Function may take broader action where necessary because of fraud, invalid payment information, or material noncompliance. Plan wind-down does not itself create a refund right for amounts already paid unless a refund, Credit, or other remedy is otherwise required by the applicable terms or applicable law.

g. Pricing, Billing, and Renewal. The Payer’s own Subscription remains subject to the price applicable to that Subscription. Creating or maintaining a Family Plan does not change the Payer’s Subscription price. Each Sponsored Member’s Seat is charged at the Family Plan Seat price disclosed before initial activation and before any renewal to which a changed price will apply. Any promotional or introductory Family Plan pricing will be subject to the applicable offer terms. The Payer is not charged merely for creating a Family Plan, sending an Invite, or maintaining an unaccepted or unoccupied Seat. Each Seat has its own renewal date and renews independently. Adding or removing a Seat does not change another Seat’s renewal date or create a proration, mid-cycle adjustment, or retroactive charge unless Function expressly provides otherwise. For a new Function member, the Payer is charged when the Invitee accepts the Invite, completes enrollment, and the Seat activates. For an existing Function member, no charge is made upon acceptance; the member’s current Subscription period continues, and the Payer is first charged on that member’s next renewal date. Each Seat automatically renews for successive annual Subscription periods on its own renewal date unless Sponsorship or renewal of that Seat is canceled before the applicable renewal date. By sending or approving an Invite through the applicable Family Plan flow, the Payer expressly authorizes Function to charge the designated Payment Method for the initial Seat charge and each recurring renewal charge. The Seat price and initial charge timing will be disclosed before approval. The Payer may stop future Seat charges by removing the Sponsored Member or canceling renewal of the Seat through the controls Function makes available, provided the action is completed before the applicable renewal date. Notwithstanding Sections 13(a) and 13(b)(i), the Payer, and not the Sponsored Member, is financially responsible for Seat charges that the Payer has agreed to fund. While Sponsorship remains active, the Payer’s authorization governs the recurring charges for the applicable Seat, and Function will not charge the Sponsored Member’s personal Payment Method for those charges. If the Payer’s payment fails or the Payer otherwise fails or refuses to pay a Payer-funded Seat charge, Function may take the actions permitted under this Section 21 but will not seek payment of that charge from the Sponsored Member unless the Sponsored Member separately and affirmatively elects self-payment and authorizes the applicable charge. This does not affect any Add-On Service, direct laboratory fee, or other charge for which the Sponsored Member is separately responsible under these Terms. Function may change applicable Subscription or Seat pricing prospectively as permitted by the Terms and applicable law and will provide any notice required before applying a changed price to a future activation or renewal.

Charges & Financial Obligations · Procedure

Sponsored members may still owe direct laboratory fees

For services in or subject to New York or New Jersey law, a Sponsored Member may need to pay the lab directly despite a payer funding membership. Personal add-ons and other lab charges remain the member’s responsibility unless terms say otherwise. Function promises applicable state-specific disclosures and payment instructions during enrollment, testing or the service.

Supporting quotations

m. State-Specific Payment Requirements. Certain laboratory services are subject to state-specific payment requirements. For services furnished in, or otherwise subject to the laws of, New York or New Jersey, the Sponsored Member may be required to pay the applicable laboratory directly for laboratory services even though the Payer pays for the Sponsored Member’s Subscription. The Sponsored Member remains responsible for separately purchased Add-On Services and other laboratory charges unless applicable terms expressly provide otherwise. Function will provide applicable state-specific disclosures and payment instructions in connection with enrollment, testing, or the applicable Service.

Charges & Financial Obligations · Restriction or exception

Plan changes do not retroactively change refund rights or payment sources

Joining a Family Plan alone creates no refund for an existing paid term. Sponsorship or funding changes do not retroactively alter completed transactions. Approved payer-funded Seat cash refunds normally return to the payer’s original method, subject to policy, processor and legal exceptions; earlier member purchases retain their original source. Credits do not automatically transfer or pool. Reversed or disputed Seat charges may end that sponsorship or Seat under applicable terms.

Supporting quotations

n. Refunds, Credits and Billing Disputes. Refund eligibility for a Subscription or Seat is determined under the Refund and Credit Policy, the Terms, any applicable Service-specific terms, and applicable law. An existing User does not receive a refund merely because they join a Family Plan and the Payer will fund their future renewal. The User continues to receive the benefits of the prepaid Subscription term, and the Funding Source changes at the applicable renewal. A change in Sponsorship or Funding Source does not retroactively change the payment source, refund rights, or other terms applicable to a transaction completed before that change. If an approved refund relates to a Seat funded by the Payer, the applicable cash refund will be returned to the original Payment Method used by the Payer, except where otherwise required or permitted by the Refund and Credit Policy, the applicable payment processor, or applicable law. A refund relating to a purchase made by a User before joining the Family Plan generally remains associated with the User’s original payment source. Credits are governed by the Refund and Credit Policy. Credits belonging to one User are not automatically transferred to or pooled with another User merely because the Users participate in the same Family Plan. If a Seat charge is refunded, reversed, disputed, or successfully charged back, Function may end the applicable Sponsorship or Seat and administer the affected Subscription in accordance with this Section 21 and the applicable Subscription terms.

Sharing & Disclosure · Company practice

Family Plan participants may see limited administrative information

Function may send billing and plan-status communications to payers and member-specific messages to members. It may disclose reasonably necessary administrative data to the payer, such as names, invite/Seat status, price and renewal date, and limited directory or invite details to participants, including names, emails, roles and participation dates. This is not general access to health data or individual purchases.

Supporting quotations

o. Plan Administration and Privacy. Function may send the Payer communications relating to Family Plan billing, Seat status, renewal dates, payment failures, Invites, approvals, and other Plan administration. Function may send a Sponsored Member communications relating to that Sponsored Member’s own Account, Seat, Services, and Sponsorship status. Function may disclose to the Payer limited administrative information reasonably necessary to operate the Family Plan, such as participants’ names, Invite status, Seat and Sponsorship status, applicable Seat price, and renewal date. Function may make limited Plan-directory and administrative information visible to Plan participants, such as participants’ names, email addresses, Plan roles, and Plan participation dates. Function may also make limited information about pending Invites visible to Plan participants, such as the invitee’s name or email address and Invite status. Except for limited appointment information that Function, in its discretion, makes available through an authorized coordinated-scheduling feature, this administrative access does not include access to another participant’s health information, laboratory results, clinical communications, appointments, or individual purchases. Function does not disclose one Plan participant’s health information to another solely because they participate in the same Family Plan, use the same Payment Method, live in the same household, or identify a particular relationship. These circumstances do not constitute a HIPAA authorization, healthcare proxy, power of attorney, personal-representative designation, or other legal authority to access or control another person’s health information. Function’s collection, use, and disclosure of Personal Information in connection with the Family Plan is governed by the Privacy Policy and applicable law.

Sharing & Disclosure · Restriction or exception

Household, relationship and payment links do not authorize health-data sharing

Administrative plan access excludes health information, lab results, clinical communications, appointments and individual purchases, except limited appointment information in an authorized coordinated-scheduling feature. Shared plans, payment methods, homes or relationship labels do not constitute medical consent, proxy or other authority. Optional read-only sharing requires the information subject’s separate opt-in and remains revocable. The Privacy Policy also governs; its separate text is not supplied here.

Supporting quotations

o. Plan Administration and Privacy. Function may send the Payer communications relating to Family Plan billing, Seat status, renewal dates, payment failures, Invites, approvals, and other Plan administration. Function may send a Sponsored Member communications relating to that Sponsored Member’s own Account, Seat, Services, and Sponsorship status. Function may disclose to the Payer limited administrative information reasonably necessary to operate the Family Plan, such as participants’ names, Invite status, Seat and Sponsorship status, applicable Seat price, and renewal date. Function may make limited Plan-directory and administrative information visible to Plan participants, such as participants’ names, email addresses, Plan roles, and Plan participation dates. Function may also make limited information about pending Invites visible to Plan participants, such as the invitee’s name or email address and Invite status. Except for limited appointment information that Function, in its discretion, makes available through an authorized coordinated-scheduling feature, this administrative access does not include access to another participant’s health information, laboratory results, clinical communications, appointments, or individual purchases. Function does not disclose one Plan participant’s health information to another solely because they participate in the same Family Plan, use the same Payment Method, live in the same household, or identify a particular relationship. These circumstances do not constitute a HIPAA authorization, healthcare proxy, power of attorney, personal-representative designation, or other legal authority to access or control another person’s health information. Function’s collection, use, and disclosure of Personal Information in connection with the Family Plan is governed by the Privacy Policy and applicable law.

i. Optional Account Features. Function may make optional account features available that allow a User to give another User read-only access to specified categories of information. Participation in a Family Plan, payment for a Seat, or status as the Payer does not itself authorize access to another User’s Personal Information, Lab Results, clinician notes, messages, or other health information. Any such access is optional, off by default, and may be enabled, modified, or revoked only by the User whose information is involved. If enabled, access may include current and future information within the selected category until revoked. Revocation ends access through Function when processed, but Function cannot control, rescind, or otherwise manage information the recipient previously viewed or separately saved. Access does not permit the recipient to edit or control the other User’s Account, order Services, respond to communications, or make healthcare decisions on the other User’s behalf. Function may establish or modify the availability, scope, and controls associated with these features.

Not stated here

• Administrative plan access excludes health information, lab results, clinical communications, appointments and individual purchases, except limited appointment information in an authorized coordinated-scheduling feature. Shared plans, payment methods, homes or relationship labels do not constitute medical consent, proxy or other authority. Optional read-only sharing requires the information subject’s separate opt-in and remains revocable. The Privacy Policy also governs; its separate text is not supplied here.

Account & Service Control · Restriction or exception

Family Plan misuse can lead to restrictions or termination

The Terms prohibit false or unauthorized accounts, identity or eligibility misrepresentations, nonconsensual or deceptive invitations, unauthorized payment, credit/refund manipulation, commercial transfer of Seats or access, health-data intrusion and safeguard bypasses. Where reasonably necessary and permitted by law and the Terms, Function may investigate, revoke invites, restrict Seats or features, reverse invalid credits or terminate plans/accounts. Optional communication features remain subject to applicable content, privacy and enforcement rules; participants cannot use another person’s data without authority.

Supporting quotations

p. Program Integrity. You may not use a Family Plan to create fictitious, duplicate, or unauthorized Accounts or Seats; misrepresent identity, age, payment responsibility, eligibility, or other material information; send Invites without the recipient’s consent or use Invites to harass or deceive another person or impersonate someone; use a Payment Method without authorization; manipulate payments, refunds, Credits, or promotions; sell, transfer, rent, barter, or commercially exploit a Seat, Subscription, Invite, Credit, or Family Plan access; obtain another member’s health information without authorization; or circumvent Family Plan limits, payment requirements, identity verification, or other safeguards. Where reasonably necessary and permitted by the Terms and applicable law, Function may investigate suspected misuse; revoke Invites; restrict or remove Seats; reverse invalid Credits; restrict or disable optional account features; or suspend or terminate a Plan or Account. If Function makes communication, interaction, or content-sharing features available in connection with a Family Plan, use of those features and any content or information submitted through them will be subject to the applicable content, conduct, privacy, intellectual property, moderation, and enforcement provisions of these Terms, as well as any additional feature-specific terms or notices. Function may restrict or remove content or access as permitted by these Terms, and participants may not disclose or use another person’s Personal Information or health information without authorization.

Account & Service Control · Company commitment

Family Plan changes cannot by themselves cut short an already-paid term

Function may prospectively change plan availability, eligibility, limits, future prices, features and payment options subject to the Terms and law. A change alone will not retroactively shorten or erase a paid subscription term. It may suspend enrollment or discontinue the plan, using permitted continuation, individual-plan transition, alternative sponsorship or other lawful arrangements. Ending sponsorship does not automatically authorize personal renewal charges; future features are not included until expressly offered. Support is available through the account or linked masked email.

Supporting quotations

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).

k. Leaving a Plan or Ending Sponsorship. The Payer may remove a Sponsored Member from the Plan, and a Sponsored Member may leave the Family Plan, using the controls made available by Function. Unless Function states otherwise, removal of a Sponsored Member ends the Sponsorship for future renewal rather than immediately terminating the already-paid Subscription term. The Sponsored Member generally retains the applicable Subscription benefits through the end of the paid term, and the Payer is not charged for a subsequent renewal. Enabling, disabling, or changing an optional account feature does not, by itself, end a participant’s Sponsorship or Subscription. Leaving a Family Plan or being removed from Sponsorship does not terminate an already-paid Subscription period. The Sponsored Member’s membership remains active through the end of the current Subscription period. To continue after that date, the member must establish self-payment or obtain another eligible Sponsorship and, where applicable, affirmatively authorize future renewal charges. Function will not automatically charge a previously stored personal Payment Method solely because Sponsorship ended. The departing Sponsored Member does not need to create a new Account merely because they leave a Family Plan. Leaving a Family Plan or being removed from Sponsorship ends the departing Sponsored Member’s participation in the Plan and any related access provided through Family Plan-specific account features when the departure or removal is processed, even though the Sponsored Member’s paid Subscription may continue through the end of its term. The departure or removal does not transfer or eliminate the Sponsored Member’s Account, Personal Information, Lab Results, valid Credits, Add-On purchases, or other information associated with the Sponsored Member. A Sponsored Member is not entitled to a refund of a Seat charge paid by the Payer merely because the Sponsorship ends. Any refund relating to a Seat charge is governed by the Refund and Credit Policy and any applicable Service-specific terms and is returned to the applicable payment source.

Cross-references

• narrows (model-proposed): Function reserves broad change powers, subject to specific paid-plan protections — exception_to: Family Plan changes alone cannot retroactively shorten an already-paid term despite general service-change discretion.

Account & Service Control · Procedure

Function invites questions through its linked contact

The closing text directs questions, comments, concerns and feedback to its email link. The saved text masks the address, so this card does not infer an address or replace the specific notice, cancellation or dispute procedures.

Supporting quotations

Thank you for reading. Please contact us at [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#d8b0bdb4b4b798beadb6bbacb1b7b6b0bdb9b4acb0f6bbb7b5) if you have any questions, comments, concerns, or feedback.

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

Account & Service Control · Context

Function facilitates testing and access to results

Function facilitates laboratory testing and presents results with doctor-informed insights. Its health mission is aspirational, not a lifespan promise. The Services definition expressly says Function and affiliates provide no medical advice, care or opinions, and service use does not establish a doctor–patient relationship with them.

Supporting quotations

As you may know, Function helps facilitate access to laboratory testing, including blood testing which evaluates as many as hundreds of biomarkers. Our service then provides access to those results in a convenient, meaningful, robust, and easy-to-understand format that combines them with targeted insights from top doctors. Function's mission is to empower you to live 100 healthy years, starting with understanding your health.

NEITHER FUNCTION NOR OUR AFFILIATES PROVIDES ANY MEDICAL ADVICE, CARE, OR OPINIONS IN CONNECTION WITH OUR SERVICES, AND YOUR USE OF OUR SERVICES DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP WITH FUNCTION OR OUR AFFILIATES.

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.

Charges & Financial Obligations · Company practice

Subscriptions automatically renew unless you decline renewal

Subscriptions renew for the same duration at the then-current fee unless canceled before effectiveness or renewal. Direct purchasers may cancel through Change/Cancel Membership in Account Settings or the linked contact; other purchasers follow their seller’s instructions. Cancellation generally takes effect at cycle end. Family Plan Seat charges follow the specific payer-authorization rules, and ending sponsorship does not automatically authorize personal renewal charges.

Supporting quotations

IF YOU SUBSCRIBE TO ANY FEATURE OR FUNCTIONALITY OF THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT FUNCTION’S THEN-CURRENT FEE FOR SUCH FEATURES AND FUNCTIONALITY UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 13(b) BELOW.

(ii) Cancelling Subscriptions Purchased via Function. If you wish to cancel your Subscription or do not wish your Account to renew automatically, you may do so prior to the date your subscription takes effect or renews by logging into and going to the “Change/Cancel Membership” page of your “Account Settings” at my.functionhealth.com and interacting as necessary with the cancellation interface, or by contacting Function at [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#7a121f1616153a1c0f14190e131514121f1b160e1254191517). If you did not purchase your Subscription directly from Function, please refer to the party or method through which you purchased your Subscription for cancellation instructions. Your cancellation generally will take effect at the end of the billing cycle in which you cancel, and you will maintain access to your Account until then.

f. Existing Members Joining a Family Plan. An existing self-paying User who accepts an Invite retains their existing Subscription, current Subscription term, renewal date, benefits, and prepaid funding arrangement through the end of the then-current Subscription term. Joining a Family Plan does not create a second active Subscription or overlapping Subscription term, result in double billing, shorten the existing prepaid term, or by itself create a refund for the existing prepaid term. At the existing User’s next renewal date, the Payer becomes the Funding Source for that Seat if the Family Plan and Sponsorship remain active and payment succeeds. A promotion, legacy price, subsidy, or special arrangement applicable to the User’s existing prepaid term remains applicable only to that term unless Function expressly provides otherwise. It does not automatically transfer to the Payer or become a continuing Family Plan discount. Unless an applicable offer expressly provides otherwise, Family Plan pricing may not be combined with other Subscription discounts, promotions, or special pricing. Existing Add-On purchases, Credits, appointments, pending Services, and in-process or pending Lab Results remain associated with the Sponsored Member and are not transferred to the Payer merely because the Subscription’s Funding Source changes. While Sponsorship remains active, the Sponsored Member’s personal Payment Method will not be charged for renewal of the sponsored Subscription. If Sponsorship ends, Function will not automatically resume or initiate charges to the Sponsored Member’s personal Payment Method. The Sponsored Member must affirmatively elect self-payment and authorize future renewal charges to continue beyond the then-current Subscription period.

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).

Account & Service Control · Restriction or exception

Only adults may use the services or have information submitted

Services are available only to people 18 or older. Under-18s may not access or use them. Function also prohibits creating an account for, or providing information relating to, anyone under 18.

Supporting quotations

Our Services are only available to persons eighteen (18) years of age or older. You must close your browser, and you may not access or use our Services or Products if you are under the age of eighteen (18). At this time, Function does not allow you to create an account for or provide information relating to anyone under the age of eighteen (18).

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.

Charges & Financial Obligations · Restriction or exception

Membership is not insurance and does not satisfy insurance mandates

Services are not health insurance or a substitute, payments are not premiums, and the services do not satisfy individual insurance mandates. Function accepts no commercial or governmental plans and users choose private-pay services. General sponsor nonpayment leaves users responsible, but Family Plan Section 21 expressly makes the payer alone responsible for agreed Seat charges unless the member separately elects and authorizes self-payment. Separate personal add-ons and lab fees remain the member’s responsibility. State/federal program beneficiaries agree not to submit these charges for program reimbursement.

Supporting quotations

c. The Services are not insurance products. The Services are not health insurance or a substitute for health insurance, and the amounts you pay (or an authorized third-party pays on your behalf) for the Services are not insurance premiums. The Services do not meet any individual health insurance mandate under federal or state law. If you desire any type of health or other insurance coverage, you will need to acquire such insurance separately.

a. You Authorize Function to Effectuate Your Purchase. You should plan for your payment to process immediately upon finalizing your purchase with Function. Effective immediately, you hereby authorize Function to: (i) charge your Payment Method in full for all amounts listed at the time of purchase/transaction confirmation, inclusive of any taxes, charges, surcharges, and fees; (ii) disclose your Personal Information, inclusive of your Payment Information, to our Affiliates, as well as our payment providers, and any laboratory companies, shipping providers, and other service providers, as reasonably necessary to facilitate the purchase and/or delivery of our Services and Products and related third-party Offerings; (iii) make use of any other Payment Methods you have submitted in the event that one of your Payment Methods is refused or denied. You represent and warrant that, to the extent you submit Payment Information during the course of using our Services: (i) the entity, organization, or institution connected to such a transaction will honor the charges you have incurred; (ii) you shall bear full responsibility for all amounts denied, refused, or uncollected by said entity, organization, or institution. You agree that Function may limit, suspend, or revoke your access if you fail to submit and keep up-to-date a viable Payment Method. Function does not accept commercial or governmental health insurance plans, is not in-network with any commercial health insurance plans, and are not enrolled with federal or state healthcare programs, such as Medicare and Medicaid. By choosing to use the Services and/or subscribing to the Services, you are specifically choosing to obtain products and services exclusively on a private-pay basis outside of any commercial health insurance plan or federal or state healthcare program. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a state or federal health program beneficiary, you agree that neither you nor Function will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services. If a third-party (including without limitation an employer, organization, or other sponsor) is designated, authorized, or expected to pay for any portion of the Services or Products on your behalf, whether pursuant to contract or otherwise, you acknowledge and agree that you remain fully financially responsible for all amounts due to Function in the event such third-party fails or refuses to pay for any reason. Function reserves the right to seek payment directly from you for any unpaid amounts and to suspend or terminate access to the Services until payment is received. In jurisdictions where applicable law or laboratory billing requirements require laboratory services to be billed separately (including, without limitation, New York and New Jersey), some or all laboratory testing fees are not included in the Subscription fee or other amounts paid to Function. Those fees may be billed directly to you by the applicable third-party laboratory and are separate from amounts charged by Function. You are responsible for paying any such laboratory fees in accordance with the laboratory’s applicable billing terms, even if another person or entity pays for your Subscription, unless Function or the laboratory expressly informs you otherwise. Direct laboratory fees are governed by the laboratory’s own terms, pricing, and billing and payment policies. Questions or disputes about direct laboratory fees should be directed to the laboratory. The refund and credit provisions of Section 13(e) apply only to amounts paid to Function and do not apply to direct laboratory fees.

Notwithstanding Sections 13(a) and 13(b)(i), the Payer, and not the Sponsored Member, is financially responsible for Seat charges that the Payer has agreed to fund. While Sponsorship remains active, the Payer’s authorization governs the recurring charges for the applicable Seat, and Function will not charge the Sponsored Member’s personal Payment Method for those charges. If the Payer’s payment fails or the Payer otherwise fails or refuses to pay a Payer-funded Seat charge, Function may take the actions permitted under this Section 21 but will not seek payment of that charge from the Sponsored Member unless the Sponsored Member separately and affirmatively elects self-payment and authorizes the applicable charge. This does not affect any Add-On Service, direct laboratory fee, or other charge for which the Sponsored Member is separately responsible under these Terms.

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.

Account & Service Control · Context

Results can be distressing and cannot be unlearned

Function warns that results may be unexpected, distressing or life-altering. You acknowledge that reviewing them creates irreversible awareness and that consulting a qualified professional beforehand about whether, when and how to use the service is important in light of your circumstances. Uncertainties about pending results should also be discussed with a professional as appropriate.

Supporting quotations

a. Function sincerely hopes to provide you access to the Lab Results you most wish to receive. Nonetheless, you acknowledge that your Lab Results might not be as hoped or expected, and may even contain distressing and/or life-altering information. While it is not unusual to have questions, concerns or uncertainties about pending Lab Results, you also acknowledge that you should consult a qualified healthcare professional to address any such uncertainties as you deem appropriate.

b. You acknowledge that the process of reviewing Lab Results is irreversible; once you review your Lab Results, you are committing yourself to an awareness of such Lab Results. You accordingly acknowledge that—before using our Services—it is important to seek the advice of a qualified healthcare professional regarding whether, when, and to what extent you should make use of such Services given your medical history and personal circumstances.

Account & Service Control · Context

Blood collection may require multiple vials and visits and carries risks

An adequate blood sample requires a range of vials and may require more than one lab visit. Listed risks include bruising, hematoma, lightheadedness, fainting, infection, excessive bleeding and discomfort. Function directs questions about collection and splitting visits to lab personnel and recommends physician consultation for elevated risk or fear of needles or blood.

Supporting quotations

c. Obtaining some laboratory testing involves your provision of a blood sample. You understand and agree that provision of an adequate blood sample requires collection of a range of vials and, in certain circumstances, may require more than one visit to a laboratory. The risks associated with obtaining a blood sample include, without limitation, bruising, hematoma, lightheadedness, fainting, infection, and/or excessive bleeding, and you may feel slight-to-moderate physical discomfort upon being pricked with a needle and having your blood drawn. You should consult with third-party laboratory personnel about specific risks, questions, or other concerns you may have regarding providing a blood sample, including whether it may be appropriate to collect vials in more than one visit. Please make sure you consult with a qualified physician if you are at elevated risk of harm in connection with a blood draw, or if you suffer from a fear of needles or blood.

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.

Data Access & Collection · Procedure

Account registration requires accurate personal and health information

An adult may create one account for themselves and an account for another adult with prior express written authorization. Function may require login credentials, identifying and contact details, race or ethnicity, height, weight, blood type, health history, current health and symptoms. You warrant accuracy and completeness and must promptly update inaccurate, incomplete or outdated information. Registration data is governed by the separate Privacy Policy, whose text is not supplied here.

Supporting quotations

b. You are allowed to create a single account for yourself, as an individual eighteen (18) years of age or older, in order to make use of our Services (an "Account"). You are also allowed to create an Account for each adult who has given you prior express written authorization to agree to these Terms and operate an Account on their behalf. You accept that, in order to create an Account, Function may require you to provide certain Personal Information and a login/password; this includes, without limitation furnishing a first and last name, date of birth, address, email address, race/ethnicity, height/weight, blood type, and information regarding your health history, your present health condition, and any symptoms. Such registration data and certain other information about you are governed by our Privacy Policy. You represent that you have provided and warrant that you will provide truthful, accurate, complete, up-to-date information at all times in connection with our Services; you further covenant that you will update any information that you furnish if, and as soon as, you learn that it is inaccurate, incomplete, and/or outdated; this applies, without limitation, to Personal Information. Only the Account holder, a person acting with the Account holder’s prior express written authorization acceptable to Function, or a person otherwise authorized under applicable law (e.g., a court-appointed guardian or an agent under a valid power of attorney) may manage an Account or request cancellation of a Subscription, closure or material modification of an Account, changes to payment or contact information, or a refund, Credit, or other financial adjustment. Authorization to manage billing or payment matters does not, by itself, authorize access to another User’s health or medical information, which remains subject to the User’s separate authorization and applicable law. Function may require identity verification and documentation reasonably sufficient to establish the requesting person’s authority before acting on a request and may decline or delay the request until that verification is completed. Merely paying for another person’s Subscription or Services, being related to that person, being identified as an emergency contact, or possessing that person’s login credentials does not by itself authorize a person to manage the Account or make requests on the Account holder’s behalf. Except as required by applicable law, Function will not act on a request made by anyone other than the Account holder or a verified authorized representative. Actions taken through the Account using the Account holder’s login credentials will be treated as authorized by the Account holder.

Not stated here

• An adult may create one account for themselves and an account for another adult with prior express written authorization. Function may require login credentials, identifying and contact details, race or ethnicity, height, weight, blood type, health history, current health and symptoms. You warrant accuracy and completeness and must promptly update inaccurate, incomplete or outdated information. Registration data is governed by the separate Privacy Policy, whose text is not supplied here.

Account & Service Control · Restriction or exception

Paying for someone does not authorize account control or health-data access

Only the account holder, a representative with acceptable prior express written authority, or someone authorized by law may manage the account or request cancellation, closure, material changes or financial adjustments. Function may verify identity and authority and delay or decline unverified requests. Payment, kinship, emergency-contact status or possession of credentials alone do not establish authority. Billing authority does not confer health-data access, though actions using the holder’s credentials are treated as authorized. Family Plans likewise require separate accounts and consents and give the payer no authority to consent for a competent adult.

Supporting quotations

b. You are allowed to create a single account for yourself, as an individual eighteen (18) years of age or older, in order to make use of our Services (an "Account"). You are also allowed to create an Account for each adult who has given you prior express written authorization to agree to these Terms and operate an Account on their behalf. You accept that, in order to create an Account, Function may require you to provide certain Personal Information and a login/password; this includes, without limitation furnishing a first and last name, date of birth, address, email address, race/ethnicity, height/weight, blood type, and information regarding your health history, your present health condition, and any symptoms. Such registration data and certain other information about you are governed by our Privacy Policy. You represent that you have provided and warrant that you will provide truthful, accurate, complete, up-to-date information at all times in connection with our Services; you further covenant that you will update any information that you furnish if, and as soon as, you learn that it is inaccurate, incomplete, and/or outdated; this applies, without limitation, to Personal Information. Only the Account holder, a person acting with the Account holder’s prior express written authorization acceptable to Function, or a person otherwise authorized under applicable law (e.g., a court-appointed guardian or an agent under a valid power of attorney) may manage an Account or request cancellation of a Subscription, closure or material modification of an Account, changes to payment or contact information, or a refund, Credit, or other financial adjustment. Authorization to manage billing or payment matters does not, by itself, authorize access to another User’s health or medical information, which remains subject to the User’s separate authorization and applicable law. Function may require identity verification and documentation reasonably sufficient to establish the requesting person’s authority before acting on a request and may decline or delay the request until that verification is completed. Merely paying for another person’s Subscription or Services, being related to that person, being identified as an emergency contact, or possessing that person’s login credentials does not by itself authorize a person to manage the Account or make requests on the Account holder’s behalf. Except as required by applicable law, Function will not act on a request made by anyone other than the Account holder or a verified authorized representative. Actions taken through the Account using the Account holder’s login credentials will be treated as authorized by the Account holder.

Section 21. Family Plans. If you create, join, pay for, administer, or otherwise participate in a Function Family Plan (a “Family Plan” or “Plan”), this Section 21 applies to you in addition to all other provisions of these Terms and the Privacy Policy. A Family Plan is a connected-billing program for individual Subscriptions. Function may also make optional account features available to Plan participants. Each Plan participant must maintain their own Account and Subscription, and separately accept these Terms and any consents or authorizations applicable to that individual. A Family Plan is not a joint Account or Subscription, shared medical record, guardianship, agency relationship, healthcare proxy, power of attorney, personal-representative designation, or authorization for one participant to make healthcare or other decisions for another participant, except for the Payer’s limited authorization to pay the charges expressly described in this Section 21. A Payer or any other Plan participant may not accept consents or provide healthcare or other authorizations on behalf of another competent adult. If another provision of these Terms conflicts with this Section 21, this Section 21 controls solely with respect to a Family Plan.

Security & Safeguards · Procedure

Account activity is attributed to you and breaches must be reported immediately

Function attributes actions using your account to you. To the extent law permits, you bear responsibility for protecting credentials and connected information and agree not to hold Function or affiliates liable for unauthorized access or reliance on someone using your login. The specific security disclaimer expressly excludes liability resulting from Function’s or affiliates’ recklessness or intentional misconduct. You must keep credentials confidential, report breaches immediately, take particular care on shared systems and sign out after each session. These are contractual allocations, not an enforceability determination.

Supporting quotations

c. You acknowledge and accept that Function will attribute all actions and usage of your Account to you. To the fullest extent permitted by applicable law, you are solely responsible for the security of your password, Account information, and any Personal Information thereto connected; you agree to maintain all such information as confidential at all times, and you agree to accept full responsibility for any decision to disclose and/or failure to protect such information to the fullest extent permitted by applicable law. In this connection, to the fullest extent permitted by applicable law, you agree (i) that you are solely responsible for any actions and omissions relating to your Account and/or its nexus to our Services, including as it relates to the use and/or misuse of Personal Information, and (ii) you shall not hold Function or its Affiliates liable for any compromise of or any unauthorized access to and/or use of your Personal Information, or for otherwise relying on the authority of anyone using your login credentials and/or otherwise accessing your Account. You shall immediately alert us to any breach of your Account. You acknowledge and agree that you shall remain particularly vigilant of your Account security when using a public or shared network and/or computer. If you have an Account, you promise to exit from your Account at the end of each session using our Services.

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.

Content & IP Rights · Permission or license

Each app download agreement licenses personal use on one device

The mobile-app license is limited, revocable, nonexclusive, nontransferable and nonsublicensable for personal service access. Each agreement permits installation on one mobile device. Installing on another device is allowed if you also agree to the Terms for that installation.

Supporting quotations

d. Subject to these Terms, Function hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App for another device on which you also agreed to these Terms. Each instance of the Terms that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.

Content & IP Rights · Restriction or exception

Apple-app use must follow Apple’s usage rules on a device you own or control

For Apple-enabled apps, the agreement is between you and Function, and Function rather than Apple is responsible for the app and content. The nontransferable license is limited to an iOS product you own or control and must comply with Apple Media Services usage rules and terms. Apple has no maintenance or support obligation. Apple’s separate terms are not supplied here, so their detailed rules are not analyzed.

Supporting quotations

(i) Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:

Function and you acknowledge that these Terms are concluded between Function and you only, and not with Apple Inc. (“Apple”), and that as between Function and Apple, Function, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.

Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions.

Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

Not stated here

• For Apple-enabled apps, the agreement is between you and Function, and Function rather than Apple is responsible for the app and content. The nontransferable license is limited to an iOS product you own or control and must comply with Apple Media Services usage rules and terms. Apple has no maintenance or support obligation. Apple’s separate terms are not supplied here, so their detailed rules are not analyzed.

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.

Content & IP Rights · Restriction or exception

Broad copying and commercial-use restrictions coexist with express personal-use permissions

The Terms generally require prior written consent for copying, modifying, distributing or commercially exploiting services or FH Content. Express exceptions permit reasonable personal noncommercial downloads/printing, app copies, feature-enabled sharing and incidental caching. A compliant referral participant also receives a narrow, revocable license to Function-supplied name, logo and slogan for code sharing, subject to program and branding rules. FH Content excludes Personal Information and User Content; none of these permissions transfers ownership.

Supporting quotations

a. You covenant that you shall not sell, rent, lease, barter, recreate, reproduce, copy, modify, create derivative works from, license, sublicense, distribute, publish, republish, perform, transmit, transfer, display, distribute, exhibit, exploit, and/or make commercial use of our Services, or any aspect thereof (including without limitation the FH Content), without the prior express written consent of Function and/or our applicable third party licensor and/or provider; you acknowledge that you are strictly forbidden from doing any of the foregoing and represent that you have not done any of the foregoing up to this point in time.

g. During the course of using our Services, you shall not sell, resell, rent, lease, barter, recreate or reproduce, duplicate, copy, modify, create derivative works from, license, sublicense, distribute, publish, perform, transmit, transfer, display, distribute, exhibit, exploit, or otherwise make commercial use of any aspect of our Services, including without limitation any item or aspect of FH Content, without the prior express written consent of Function and/or our applicable third-party licensor. The Services are solely for your personal, non-commercial use.

ii. You are permitted to download and/or print a reasonable volume of FH Content for your personal, non-commercial use in compliance with the Terms. You are also permitted to download a single copy of any applications that we make available for your download, provided such download is for your personal, non-commercial use in compliance with the Terms and any additional agreements required for you to download, access, and/or use such an application. To the extent our features enable you to share FH Content via social media, you are permitted to share FH Content strictly as enabled by those features.

iii. You are permitted to store files that are automatically cached by your web browser. You are also permitted to temporarily store copies of FH Content in RAM, insofar as such storage is incident to your access and/or use of such FH Content.

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.

f. License. Notwithstanding any provision to the contrary in these Terms, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, license during the term of your participation in the Referral Program, to use Function’s “Function Health” name, logo, and slogan provided by us, strictly for use in connection with sharing your Code for purposes of generating referrals in compliance with the Referral Program Terms, and in each instance, subject to our branding and use guidelines. All rights not specifically granted to you under the Referral Program Terms are reserved by Function.

Content & IP Rights · Restriction or exception

Services, products and related results may not be resold or exported

You promise not to directly or indirectly resell or export any aspect of the services or products, including access to lab and telemedicine services, Lab Results, personalized materials and FH Content, and represent that you have not already done so.

Supporting quotations

b. You covenant that you shall not directly or indirectly resell or export any aspect of our Services or any of our Products — including without limitation our facilitation of access to third-party laboratory and telemedicine services, any Lab Results, and any personalized materials, and any FH Content resulting therefrom and/or relating thereto — and you represent that you have not done any of the foregoing up to this point in time.

Account & Service Control · Restriction or exception

Employers and insurance agents may not use the service to seek specified third-party information

You represent that you are not an employer seeking employee information or someone acting for or furthering an insurer seeking information about an actual or prospective customer. This is a purpose-specific representation, not a statement that employers cannot sponsor memberships.

Supporting quotations

c. You represent and warrant that you are neither an employer seeking information regarding an employee, nor a person acting on behalf and/or in furtherance of an insurance company seeking information about a prospective or actual customer.

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.

Account & Service Control · Procedure

Users must act respectfully, provide accurate information and obey the law

The rules require respectful treatment of Function, affiliates, providers and members; complete, truthful, current information; no technology disruption or intellectual-property misappropriation; and lawful conduct.

Supporting quotations

You Must Be Reasonable and Fair in Accessing and Using Our Services.

a. Function's rules for access and use of our Services should be easy to follow. Nonetheless, here are a few key points to help you along the path:

i. Treat Function, our Affiliates, affiliated service providers, and our community members kindly and respectfully.

ii. All information you provide must be complete, truthful, and up-to-date.

iii. Do not attempt to disrupt our technology or misappropriate our intellectual property.

iv. Follow the law at all times in connection with our Services and Products.

Account & Service Control · Restriction or exception

Illegal, deceptive, abusive and privacy-infringing service use is prohibited

You represent that you have not used, and promise not to use or help others use, the services to violate legal, municipal, administrative or professional requirements; commit fraud, impersonation or identity theft; harm minors or disclose their information; deliberately submit inaccurate Personal Information; engage in deceptive business practices; violate Function, affiliate, provider or third-party rights; or use or disclose third-party Personal Information without authority. The list also bars harassment, hate speech, threats and other abuse.

Supporting quotations

b. You hereby represent that you have not used and warrant that you shall not use our Services to directly or indirectly attempt, engage in, aid, abet, support, incite, encourage, perpetrate, and/or otherwise assist any of the following:

i. a violation of a local, state, federal, and/or international law, rule, or regulation;

ii. a violation of municipal, administrative and/or professional rules, standards, guidelines, or requirements;

iii. fraud, misrepresentation, impersonation, or identity theft;

iv. the exploitation or harm of a minor, disclosure of a minor's information, or violation of a minor's privacy;

v. the deliberate submission of false, misleading, invalid, outdated, or inaccurate Personal Information;

vi. an illegal and/or deceptive business practice;

vii. a violation of our rights, the rights of our Affiliates, or the rights of any of our licensors, service providers, or any of their respective Affiliates;

viii. a violation, infringement, or misappropriation of third-party rights, including without limitation infringements of third-party intellectual property rights and violations of third-party rights to privacy;

ix. the unauthorized use or disclosure of a third-party's Personal Information;

x. harassment, trolling, intimidation, stalking, hate speech, bigotry, racism, prejudice, threats of violence, and/or any other abusive conduct;

Content & IP Rights · Permission or license

Function receives a continuing license to User Content and Usage Data

You grant a nonexclusive, worldwide, royalty-free, fully paid, transferable, multilayer-sublicensable, perpetual and irrevocable license to use User Content and Usage Data to operate services. Subject to the Privacy Policy, it also covers improvement, new offerings, development, de-identification and marketing, in any medium, except uses prohibited by applicable HIPAA or other law. User Content expressly excludes passwords, contact details, Personal Information and protected medical information. The separate Privacy Policy is not supplied here; its additional conditions are not established.

Supporting quotations

h. You represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You hereby grant Function a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, irrevocable license to copy, display, share, perform, distribute, store, modify and otherwise use your User Content, and any Usage Data (as defined below), in connection with (a) the operation and provision of the Services, and (b) subject to the Privacy Policy, (i) the improvement or enhancement of the Service, and the development and provision of new products, services and offerings, and for other development and corrective purposes in connection with the Service and other Function offerings, products or services, (ii) to create aggregated or other de-identified data, and (iii) the marketing or promotion of any of the foregoing, in each case in any form, medium or technology now known or later developed, except to the extent that any use would be prohibited by HIPAA (as applicable) or other applicable Law. You represent and warrant that any authorized use of your User Content by Function does and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, and intellectual property rights. You and you alone are responsible for your User Content. Any User Content that you provide to us is at your own risk of Losses. Function shall not be responsible or liable for any Losses arising out of and/or relating to your User Content.

You hereby authorize Function and its third-party service providers to derive statistical and usage data relating to your use of the Services (“Usage Data”). We may use Usage Data for any purpose at any time in accordance with applicable law and our Privacy Policy.

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.

Not stated here

• You grant a nonexclusive, worldwide, royalty-free, fully paid, transferable, multilayer-sublicensable, perpetual and irrevocable license to use User Content and Usage Data to operate services. Subject to the Privacy Policy, it also covers improvement, new offerings, development, de-identification and marketing, in any medium, except uses prohibited by applicable HIPAA or other law. User Content expressly excludes passwords, contact details, Personal Information and protected medical information. The separate Privacy Policy is not supplied here; its additional conditions are not established.

Content & IP Rights · Restriction or exception

You warrant rights to User Content and bear its risks

You warrant ownership of the rights in User Content, including copyright and publicity rights, and that Function’s authorized use will not violate others’ privacy, publicity or intellectual-property rights. The Terms make you responsible for that content and disclaim Function’s liability for associated losses. This applies to defined User Content, which excludes the separately defined personal and medical categories.

Supporting quotations

h. You represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You hereby grant Function a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, irrevocable license to copy, display, share, perform, distribute, store, modify and otherwise use your User Content, and any Usage Data (as defined below), in connection with (a) the operation and provision of the Services, and (b) subject to the Privacy Policy, (i) the improvement or enhancement of the Service, and the development and provision of new products, services and offerings, and for other development and corrective purposes in connection with the Service and other Function offerings, products or services, (ii) to create aggregated or other de-identified data, and (iii) the marketing or promotion of any of the foregoing, in each case in any form, medium or technology now known or later developed, except to the extent that any use would be prohibited by HIPAA (as applicable) or other applicable Law. You represent and warrant that any authorized use of your User Content by Function does and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, and intellectual property rights. You and you alone are responsible for your User Content. Any User Content that you provide to us is at your own risk of Losses. Function shall not be responsible or liable for any Losses arising out of and/or relating to your User Content.

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.

Use & Processing · Permission or license

Function and providers may derive and use service-usage statistics

You authorize Function and third-party providers to derive statistical and usage data from service use. Function may use it for any purpose at any time, subject to applicable law and the Privacy Policy. The policy’s separate text is not supplied here, so this does not establish unrestricted use regardless of privacy rules.

Supporting quotations

You hereby authorize Function and its third-party service providers to derive statistical and usage data relating to your use of the Services (“Usage Data”). We may use Usage Data for any purpose at any time in accordance with applicable law and our Privacy Policy.

Not stated here

• You authorize Function and third-party providers to derive statistical and usage data from service use. Function may use it for any purpose at any time, subject to applicable law and the Privacy Policy. The policy’s separate text is not supplied here, so this does not establish unrestricted use regardless of privacy rules.

Account & Service Control · Restriction or exception

Function reserves broad change powers, subject to specific paid-plan protections

Function reserves discretion to modify, suspend, discontinue or restore services, features, availability, timeframes and pricing, with or without notice, and disclaims liability for those changes. It generally promises no maintenance or continued provision unless specified in writing and subject to law. Specific Family Plan terms qualify this power: a plan change alone will not retroactively shorten or eliminate an already-paid subscription term.

Supporting quotations

Function Holds and Reserves Numerous Rights.

a. At any time, for any reason, with or without notice, in our sole discretion, Function reserves the right to update, improve, modify, alter, limit, suspend, discontinue, and re-introduce any of our Services—and any aspects, portions, details, features, specifications, and functions thereof—as well as adjust or modify any pricing, availability, and timeframes offered with respect to our Services. You agree that Function will not be liable to you or any third party for any modification, suspension or discontinuance of any of our Services. Without limitation, this paragraph pertains to all FH Content, all User Content, including without limitation your own, and all other technologies, applications, programs, designs, and offerings connected with and/or supporting our Services.

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 · 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.

Account & Service Control · Restriction or exception

Function may restrict access, but separate termination agreements control their services

Function may refuse, suspend, terminate or otherwise restrict access at any time, for any reason and without notice or liability for associated losses. Account creation or payment may be required, and acceptance alone does not unlock paid services. A separate agreement or consent with different termination terms controls only the specific services it covers.

Supporting quotations

ii. You acknowledge and agree that Function may refuse, suspend, terminate, ban, or otherwise restrict access to our Services to any person, including you, at any time, for any reason, with or without notice, in our sole discretion, without liability for any Losses arising therefrom and/or relating thereto. You recognize and accept that Function may restrict access to certain aspects of our Services to persons who create an Account and/or remit payment for certain Services. You agree that your acceptance of these Terms does not, in and of itself, grant you access to those areas of Function's Services requiring payment for access.

iii. To the extent you enter into a separate agreement and/or consent for Services with Function, and such an agreement or consent contains different termination terms than herein provided, the terms of such separate agreement and/or consent shall control termination as to and only as to the specific Services subject to such an agreement.

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).

Content & IP Rights · Restriction or exception

Function and licensors retain FH Content and brand rights

Function and licensors/providers retain FH Content and related intellectual-property rights, to the fullest extent law permits; no title transfers and ungranted rights are reserved. Broad no-license wording coexists with express limited personal-use, copying, app and caching permissions and the referral program’s narrow revocable brand-use license. FH Content excludes Personal Information and User Content. These limited permissions do not convey ownership.

Supporting quotations

d. To the fullest extent permitted under law, all FH Content—and all copyright, trademark rights, service mark rights, patent rights, and other intellectual property rights and proprietary rights arising out of, relating to, and/or appearing in connection with the FH Content—are owned by us and/or one of our third-party licensors or other providers and are protected by the intellectual property laws of the United States and other countries. You acknowledge and agree that all names, logos, brands trademarks, service marks, slogans, copyright, and designs, and all rights thereto, arising out of, relating to, and/or appearing in connection with the FH Content belong exclusively to Function and/or one of our third-party licensors or other providers, irrespective of the presence of any legal designation or lack thereof, and are subject to protection from misappropriation, misuse, blurring, tarnishing, dilution, impersonation, or other unauthorized exploitation under United States law and international law; this includes, without limitation, our trademarks, service marks, and/or logos for "Function," "Function Health," and "Health Portfolio." You acknowledge and agree that: (i) nothing in these Terms, express or implied, grants you any right or license to make use of any names, logos, trademarks, service marks, slogans, designs, patents, copyright, or other FH Content arising out of, relating to, and/or appearing in connection with our Services; and (ii) these Terms expressly forbid your use any names, logos, trademarks, service marks, slogans, designs, patents, copyright, or other FH Content arising out of, relating to, and/or appearing in connection with our Services without our prior express written consent and/or the prior express written consent of the third-party who owns and/or has the applicable rights to such intellectual property.

e. To the fullest extent permitted under law, Function reserves any and all rights and interests not expressly granted by these Terms. You acknowledge and agree that: (i) no right, title, or interest in and to the FH Content is transferred to you; and (ii) your provision of a Sample or any Personal Information does not afford you any right, title, or interest in and to any research by Function, our Affiliates, our licensors, and/or our third-party providers or any related Services, Products, documents, data, information, materials, or offerings; you acknowledge and accept that you shall not receive any financial benefits, such as royalties or compensation, by virtue of your provision of the same.

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.

ii. You are permitted to download and/or print a reasonable volume of FH Content for your personal, non-commercial use in compliance with the Terms. You are also permitted to download a single copy of any applications that we make available for your download, provided such download is for your personal, non-commercial use in compliance with the Terms and any additional agreements required for you to download, access, and/or use such an application. To the extent our features enable you to share FH Content via social media, you are permitted to share FH Content strictly as enabled by those features.

iii. You are permitted to store files that are automatically cached by your web browser. You are also permitted to temporarily store copies of FH Content in RAM, insofar as such storage is incident to your access and/or use of such FH Content.

f. License. Notwithstanding any provision to the contrary in these Terms, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, license during the term of your participation in the Referral Program, to use Function’s “Function Health” name, logo, and slogan provided by us, strictly for use in connection with sharing your Code for purposes of generating referrals in compliance with the Referral Program Terms, and in each instance, subject to our branding and use guidelines. All rights not specifically granted to you under the Referral Program Terms are reserved by Function.

Content & IP Rights · Restriction or exception

Providing samples or information gives no research ownership or payment right

Providing Samples or Personal Information does not grant title or an interest in research by Function, affiliates, licensors or providers, or related offerings, nor a right to royalties or compensation merely for providing it. This clause allocates rights; it does not by itself establish that any particular research is performed.

Supporting quotations

e. To the fullest extent permitted under law, Function reserves any and all rights and interests not expressly granted by these Terms. You acknowledge and agree that: (i) no right, title, or interest in and to the FH Content is transferred to you; and (ii) your provision of a Sample or any Personal Information does not afford you any right, title, or interest in and to any research by Function, our Affiliates, our licensors, and/or our third-party providers or any related Services, Products, documents, data, information, materials, or offerings; you acknowledge and accept that you shall not receive any financial benefits, such as royalties or compensation, by virtue of your provision of the same.

Content & IP Rights · Permission or license

Public User Content carries a broad perpetual commercial-use license

Subject to these Terms and the Privacy Policy, publicly disclosed, generated or submitted User Content carries a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, transferable and sublicensable license to Function. The grant includes adapting, selling, distributing, promoting and making derivative or commercial uses in current or future media. User Content excludes the defined personal and protected medical categories. The separate Privacy Policy is not supplied here, so its additional limits are not described.

Supporting quotations

f. Subject to the conditions set forth in these Terms (including but not limited to our Privacy Policy), you hereby grant Function a perpetual, irrevocable, non-exclusive, royalty-free, fully sub-licensable, fully transferrable worldwide right and license to exercise any and all rights you may have as to any User Content you disclose, generate and/or submit publicly arising out of and/or relating to your use of our Services. Likewise, subject to the conditions set forth in these Terms (including but not limited to our Privacy Policy), you agree that Function may, in our sole discretion: copy, reproduce, adapt, translate, sell, distribute, syndicate, publish, transfer, communicate, modify, exhibit, advertise, market, create derivative works from, display, make commercial use of (including currently known and future, currently unknown commercial uses), and/or otherwise use your User Content throughout the world in any media in any manner, fashion and/or context we wish. You further agree that you waive any moral rights—including, but not limited to, the rights of attribution—in connection with any content and any data and information arising out of and/or relating to your use of our Services; provided, Function reserves the right to attribute your User Content to you in our sole discretion, at any time, for any reason. Furthermore, you represent that you have full authority and right to grant these licenses and waive these rights pursuant to our Terms.

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.

Not stated here

• Subject to these Terms and the Privacy Policy, publicly disclosed, generated or submitted User Content carries a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, transferable and sublicensable license to Function. The grant includes adapting, selling, distributing, promoting and making derivative or commercial uses in current or future media. User Content excludes the defined personal and protected medical categories. The separate Privacy Policy is not supplied here, so its additional limits are not described.

Content & IP Rights · Restriction or exception

The Terms require a moral-rights waiver while allowing optional attribution

The public-content provision includes a waiver of moral rights, including attribution, in content, data and information arising from service use. Function may nevertheless attribute User Content at its discretion. You represent authority to grant the licenses and waive those rights; the provision is subject to the Terms and Privacy Policy, which is not supplied here.

Supporting quotations

f. Subject to the conditions set forth in these Terms (including but not limited to our Privacy Policy), you hereby grant Function a perpetual, irrevocable, non-exclusive, royalty-free, fully sub-licensable, fully transferrable worldwide right and license to exercise any and all rights you may have as to any User Content you disclose, generate and/or submit publicly arising out of and/or relating to your use of our Services. Likewise, subject to the conditions set forth in these Terms (including but not limited to our Privacy Policy), you agree that Function may, in our sole discretion: copy, reproduce, adapt, translate, sell, distribute, syndicate, publish, transfer, communicate, modify, exhibit, advertise, market, create derivative works from, display, make commercial use of (including currently known and future, currently unknown commercial uses), and/or otherwise use your User Content throughout the world in any media in any manner, fashion and/or context we wish. You further agree that you waive any moral rights—including, but not limited to, the rights of attribution—in connection with any content and any data and information arising out of and/or relating to your use of our Services; provided, Function reserves the right to attribute your User Content to you in our sole discretion, at any time, for any reason. Furthermore, you represent that you have full authority and right to grant these licenses and waive these rights pursuant to our Terms.

Not stated here

• The public-content provision includes a waiver of moral rights, including attribution, in content, data and information arising from service use. Function may nevertheless attribute User Content at its discretion. You represent authority to grant the licenses and waive those rights; the provision is subject to the Terms and Privacy Policy, which is not supplied here.

Content & IP Rights · Context

Suggestions and complaints are treated as User Content

Ideas, recommendations, complaints and other submissions are subject to the User Content licenses and waivers. The Terms acknowledge some submissions lack intellectual-property protection and that Function may already be developing substantially similar work. The defined User Content exclusions still apply; feedback is not a basis to reclassify protected medical information.

Supporting quotations

g. You acknowledge and agree that any suggestions, ideas, recommendations, complaints, feedback, and other submissions ("Submissions") you provide to Function shall constitute User Content for the purposes of this Agreement, and shall accordingly be subject to all licenses, waivers, and other terms applicable to User Content hereunder. You recognize that not all User Content (including without limitation Submissions) is subject to protection under the applicable intellectual property laws. You acknowledge that Function may already be in the process of creating, developing, finalizing, and/or commercializing products, services, content, or other materials that overlap with or are substantially similar to one or more Submissions at the time you submit such Submission(s).

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

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.

Account & Service Control · Restriction or exception

You warrant fitness for use and medical approval for relevant conditions

You represent that you assessed suitability and safety and will reassess additional offerings. You warrant mental and physical capability to use them. If you have or develop a condition or disability affecting use, you warrant that a licensed medical professional approved the use involved. This is a contractual representation, not a medical assessment of any user.

Supporting quotations

c. You represent that you have carefully assessed whether our Services and Products and any third-party Offerings facilitated through our Services are appropriate, viable, and safe for your use, given your particular needs and sufficient for your expectations — and you promise that you will continue to do so to the extent you make use of additional Services or Products and/or related third-party offerings. Furthermore, you represent and warrant that you are mentally and physically capable of using and healthy and sound enough to use our Services and Products — and any third-party Offerings available in conjunction with our Services, to the extent used by you. If you have or develop a condition and/or disability that could impact your use of our Services and/or related third-party offerings, you represent and warrant that a licensed medical professional has approved your use of our Services and any related third-party offerings to the extent used by you.

Charges & Financial Obligations · Permission or license

Purchases authorize immediate charges and backup payment methods

Finalizing a purchase authorizes immediate full charges, including disclosed taxes and fees. If one submitted method is refused, Function may use another submitted method. You warrant charges will be honored, remain responsible for denied or uncollected sums and may lose access if you fail to maintain a viable payment method.

Supporting quotations

Please Review These Terms Governing Your Purchase of Services and Products.

a. You Authorize Function to Effectuate Your Purchase. You should plan for your payment to process immediately upon finalizing your purchase with Function. Effective immediately, you hereby authorize Function to: (i) charge your Payment Method in full for all amounts listed at the time of purchase/transaction confirmation, inclusive of any taxes, charges, surcharges, and fees; (ii) disclose your Personal Information, inclusive of your Payment Information, to our Affiliates, as well as our payment providers, and any laboratory companies, shipping providers, and other service providers, as reasonably necessary to facilitate the purchase and/or delivery of our Services and Products and related third-party Offerings; (iii) make use of any other Payment Methods you have submitted in the event that one of your Payment Methods is refused or denied. You represent and warrant that, to the extent you submit Payment Information during the course of using our Services: (i) the entity, organization, or institution connected to such a transaction will honor the charges you have incurred; (ii) you shall bear full responsibility for all amounts denied, refused, or uncollected by said entity, organization, or institution. You agree that Function may limit, suspend, or revoke your access if you fail to submit and keep up-to-date a viable Payment Method. Function does not accept commercial or governmental health insurance plans, is not in-network with any commercial health insurance plans, and are not enrolled with federal or state healthcare programs, such as Medicare and Medicaid. By choosing to use the Services and/or subscribing to the Services, you are specifically choosing to obtain products and services exclusively on a private-pay basis outside of any commercial health insurance plan or federal or state healthcare program. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a state or federal health program beneficiary, you agree that neither you nor Function will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services. If a third-party (including without limitation an employer, organization, or other sponsor) is designated, authorized, or expected to pay for any portion of the Services or Products on your behalf, whether pursuant to contract or otherwise, you acknowledge and agree that you remain fully financially responsible for all amounts due to Function in the event such third-party fails or refuses to pay for any reason. Function reserves the right to seek payment directly from you for any unpaid amounts and to suspend or terminate access to the Services until payment is received. In jurisdictions where applicable law or laboratory billing requirements require laboratory services to be billed separately (including, without limitation, New York and New Jersey), some or all laboratory testing fees are not included in the Subscription fee or other amounts paid to Function. Those fees may be billed directly to you by the applicable third-party laboratory and are separate from amounts charged by Function. You are responsible for paying any such laboratory fees in accordance with the laboratory’s applicable billing terms, even if another person or entity pays for your Subscription, unless Function or the laboratory expressly informs you otherwise. Direct laboratory fees are governed by the laboratory’s own terms, pricing, and billing and payment policies. Questions or disputes about direct laboratory fees should be directed to the laboratory. The refund and credit provisions of Section 13(e) apply only to amounts paid to Function and do not apply to direct laboratory fees.

Sharing & Disclosure · Permission or license

Necessary purchase and delivery information may be shared with providers

Purchases authorize sharing Personal Information, including financially sensitive Payment Information, with affiliates, payment providers, labs, shipping and other providers as reasonably necessary to facilitate purchase or delivery of the services, products and related offerings. This is a purpose-limited authorization.

Supporting quotations

a. You Authorize Function to Effectuate Your Purchase. You should plan for your payment to process immediately upon finalizing your purchase with Function. Effective immediately, you hereby authorize Function to: (i) charge your Payment Method in full for all amounts listed at the time of purchase/transaction confirmation, inclusive of any taxes, charges, surcharges, and fees; (ii) disclose your Personal Information, inclusive of your Payment Information, to our Affiliates, as well as our payment providers, and any laboratory companies, shipping providers, and other service providers, as reasonably necessary to facilitate the purchase and/or delivery of our Services and Products and related third-party Offerings; (iii) make use of any other Payment Methods you have submitted in the event that one of your Payment Methods is refused or denied. You represent and warrant that, to the extent you submit Payment Information during the course of using our Services: (i) the entity, organization, or institution connected to such a transaction will honor the charges you have incurred; (ii) you shall bear full responsibility for all amounts denied, refused, or uncollected by said entity, organization, or institution. You agree that Function may limit, suspend, or revoke your access if you fail to submit and keep up-to-date a viable Payment Method. Function does not accept commercial or governmental health insurance plans, is not in-network with any commercial health insurance plans, and are not enrolled with federal or state healthcare programs, such as Medicare and Medicaid. By choosing to use the Services and/or subscribing to the Services, you are specifically choosing to obtain products and services exclusively on a private-pay basis outside of any commercial health insurance plan or federal or state healthcare program. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a state or federal health program beneficiary, you agree that neither you nor Function will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services. If a third-party (including without limitation an employer, organization, or other sponsor) is designated, authorized, or expected to pay for any portion of the Services or Products on your behalf, whether pursuant to contract or otherwise, you acknowledge and agree that you remain fully financially responsible for all amounts due to Function in the event such third-party fails or refuses to pay for any reason. Function reserves the right to seek payment directly from you for any unpaid amounts and to suspend or terminate access to the Services until payment is received. In jurisdictions where applicable law or laboratory billing requirements require laboratory services to be billed separately (including, without limitation, New York and New Jersey), some or all laboratory testing fees are not included in the Subscription fee or other amounts paid to Function. Those fees may be billed directly to you by the applicable third-party laboratory and are separate from amounts charged by Function. You are responsible for paying any such laboratory fees in accordance with the laboratory’s applicable billing terms, even if another person or entity pays for your Subscription, unless Function or the laboratory expressly informs you otherwise. Direct laboratory fees are governed by the laboratory’s own terms, pricing, and billing and payment policies. Questions or disputes about direct laboratory fees should be directed to the laboratory. The refund and credit provisions of Section 13(e) apply only to amounts paid to Function and do not apply to direct laboratory fees.

h. "Payment Information" refers to your financially-sensitive information that enables a purchase, such as credit/debit card numbers, CVCs, expiration dates, and PINs.

Charges & Financial Obligations · Restriction or exception

You remain responsible for private-pay services if a sponsor fails to pay

Function accepts no commercial or governmental health plans and is not enrolled in Medicare or Medicaid. Users choose private-pay services; state/federal program beneficiaries agree neither they nor Function will seek program reimbursement. General sponsor nonpayment leaves users liable and permits collection or access suspension, but Family Plan Section 21 expressly overrides this for payer-funded Seat charges: the member is not charged or pursued unless they separately affirmatively elect and authorize self-payment. Personal add-ons and direct lab fees remain separate obligations, and ending sponsorship alone never authorizes stored personal-method renewal charges.

Supporting quotations

a. You Authorize Function to Effectuate Your Purchase. You should plan for your payment to process immediately upon finalizing your purchase with Function. Effective immediately, you hereby authorize Function to: (i) charge your Payment Method in full for all amounts listed at the time of purchase/transaction confirmation, inclusive of any taxes, charges, surcharges, and fees; (ii) disclose your Personal Information, inclusive of your Payment Information, to our Affiliates, as well as our payment providers, and any laboratory companies, shipping providers, and other service providers, as reasonably necessary to facilitate the purchase and/or delivery of our Services and Products and related third-party Offerings; (iii) make use of any other Payment Methods you have submitted in the event that one of your Payment Methods is refused or denied. You represent and warrant that, to the extent you submit Payment Information during the course of using our Services: (i) the entity, organization, or institution connected to such a transaction will honor the charges you have incurred; (ii) you shall bear full responsibility for all amounts denied, refused, or uncollected by said entity, organization, or institution. You agree that Function may limit, suspend, or revoke your access if you fail to submit and keep up-to-date a viable Payment Method. Function does not accept commercial or governmental health insurance plans, is not in-network with any commercial health insurance plans, and are not enrolled with federal or state healthcare programs, such as Medicare and Medicaid. By choosing to use the Services and/or subscribing to the Services, you are specifically choosing to obtain products and services exclusively on a private-pay basis outside of any commercial health insurance plan or federal or state healthcare program. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a state or federal health program beneficiary, you agree that neither you nor Function will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services. If a third-party (including without limitation an employer, organization, or other sponsor) is designated, authorized, or expected to pay for any portion of the Services or Products on your behalf, whether pursuant to contract or otherwise, you acknowledge and agree that you remain fully financially responsible for all amounts due to Function in the event such third-party fails or refuses to pay for any reason. Function reserves the right to seek payment directly from you for any unpaid amounts and to suspend or terminate access to the Services until payment is received. In jurisdictions where applicable law or laboratory billing requirements require laboratory services to be billed separately (including, without limitation, New York and New Jersey), some or all laboratory testing fees are not included in the Subscription fee or other amounts paid to Function. Those fees may be billed directly to you by the applicable third-party laboratory and are separate from amounts charged by Function. You are responsible for paying any such laboratory fees in accordance with the laboratory’s applicable billing terms, even if another person or entity pays for your Subscription, unless Function or the laboratory expressly informs you otherwise. Direct laboratory fees are governed by the laboratory’s own terms, pricing, and billing and payment policies. Questions or disputes about direct laboratory fees should be directed to the laboratory. The refund and credit provisions of Section 13(e) apply only to amounts paid to Function and do not apply to direct laboratory fees.

k. Leaving a Plan or Ending Sponsorship. The Payer may remove a Sponsored Member from the Plan, and a Sponsored Member may leave the Family Plan, using the controls made available by Function. Unless Function states otherwise, removal of a Sponsored Member ends the Sponsorship for future renewal rather than immediately terminating the already-paid Subscription term. The Sponsored Member generally retains the applicable Subscription benefits through the end of the paid term, and the Payer is not charged for a subsequent renewal. Enabling, disabling, or changing an optional account feature does not, by itself, end a participant’s Sponsorship or Subscription. Leaving a Family Plan or being removed from Sponsorship does not terminate an already-paid Subscription period. The Sponsored Member’s membership remains active through the end of the current Subscription period. To continue after that date, the member must establish self-payment or obtain another eligible Sponsorship and, where applicable, affirmatively authorize future renewal charges. Function will not automatically charge a previously stored personal Payment Method solely because Sponsorship ended. The departing Sponsored Member does not need to create a new Account merely because they leave a Family Plan. Leaving a Family Plan or being removed from Sponsorship ends the departing Sponsored Member’s participation in the Plan and any related access provided through Family Plan-specific account features when the departure or removal is processed, even though the Sponsored Member’s paid Subscription may continue through the end of its term. The departure or removal does not transfer or eliminate the Sponsored Member’s Account, Personal Information, Lab Results, valid Credits, Add-On purchases, or other information associated with the Sponsored Member. A Sponsored Member is not entitled to a refund of a Seat charge paid by the Payer merely because the Sponsorship ends. Any refund relating to a Seat charge is governed by the Refund and Credit Policy and any applicable Service-specific terms and is returned to the applicable payment source.

Notwithstanding Sections 13(a) and 13(b)(i), the Payer, and not the Sponsored Member, is financially responsible for Seat charges that the Payer has agreed to fund. While Sponsorship remains active, the Payer’s authorization governs the recurring charges for the applicable Seat, and Function will not charge the Sponsored Member’s personal Payment Method for those charges. If the Payer’s payment fails or the Payer otherwise fails or refuses to pay a Payer-funded Seat charge, Function may take the actions permitted under this Section 21 but will not seek payment of that charge from the Sponsored Member unless the Sponsored Member separately and affirmatively elects self-payment and authorizes the applicable charge. This does not affect any Add-On Service, direct laboratory fee, or other charge for which the Sponsored Member is separately responsible under these Terms.

Charges & Financial Obligations · Restriction or exception

Some lab fees are billed separately and outside Function’s refund policy

Where law or laboratory rules require it, including New York and New Jersey, some or all lab testing fees may be excluded from Function charges and billed directly by the lab. You must pay under that lab’s terms even if someone funds your subscription, unless Function or the lab expressly says otherwise. Direct-lab disputes go to the lab; the cited Function refund and credit provision applies only to amounts paid to Function. Separate laboratory billing terms are not supplied here.

Supporting quotations

a. You Authorize Function to Effectuate Your Purchase. You should plan for your payment to process immediately upon finalizing your purchase with Function. Effective immediately, you hereby authorize Function to: (i) charge your Payment Method in full for all amounts listed at the time of purchase/transaction confirmation, inclusive of any taxes, charges, surcharges, and fees; (ii) disclose your Personal Information, inclusive of your Payment Information, to our Affiliates, as well as our payment providers, and any laboratory companies, shipping providers, and other service providers, as reasonably necessary to facilitate the purchase and/or delivery of our Services and Products and related third-party Offerings; (iii) make use of any other Payment Methods you have submitted in the event that one of your Payment Methods is refused or denied. You represent and warrant that, to the extent you submit Payment Information during the course of using our Services: (i) the entity, organization, or institution connected to such a transaction will honor the charges you have incurred; (ii) you shall bear full responsibility for all amounts denied, refused, or uncollected by said entity, organization, or institution. You agree that Function may limit, suspend, or revoke your access if you fail to submit and keep up-to-date a viable Payment Method. Function does not accept commercial or governmental health insurance plans, is not in-network with any commercial health insurance plans, and are not enrolled with federal or state healthcare programs, such as Medicare and Medicaid. By choosing to use the Services and/or subscribing to the Services, you are specifically choosing to obtain products and services exclusively on a private-pay basis outside of any commercial health insurance plan or federal or state healthcare program. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a state or federal health program beneficiary, you agree that neither you nor Function will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services. If a third-party (including without limitation an employer, organization, or other sponsor) is designated, authorized, or expected to pay for any portion of the Services or Products on your behalf, whether pursuant to contract or otherwise, you acknowledge and agree that you remain fully financially responsible for all amounts due to Function in the event such third-party fails or refuses to pay for any reason. Function reserves the right to seek payment directly from you for any unpaid amounts and to suspend or terminate access to the Services until payment is received. In jurisdictions where applicable law or laboratory billing requirements require laboratory services to be billed separately (including, without limitation, New York and New Jersey), some or all laboratory testing fees are not included in the Subscription fee or other amounts paid to Function. Those fees may be billed directly to you by the applicable third-party laboratory and are separate from amounts charged by Function. You are responsible for paying any such laboratory fees in accordance with the laboratory’s applicable billing terms, even if another person or entity pays for your Subscription, unless Function or the laboratory expressly informs you otherwise. Direct laboratory fees are governed by the laboratory’s own terms, pricing, and billing and payment policies. Questions or disputes about direct laboratory fees should be directed to the laboratory. The refund and credit provisions of Section 13(e) apply only to amounts paid to Function and do not apply to direct laboratory fees.

Not stated here

• Where law or laboratory rules require it, including New York and New Jersey, some or all lab testing fees may be excluded from Function charges and billed directly by the lab. You must pay under that lab’s terms even if someone funds your subscription, unless Function or the lab expressly says otherwise. Direct-lab disputes go to the lab; the cited Function refund and credit provision applies only to amounts paid to Function. Separate laboratory billing terms are not supplied here.

Charges & Financial Obligations · Company commitment

Earned valid refund and credit rights receive prospective-change protection

Function may change or end credit programs subject to law, but promises not to retroactively eliminate valid earned refund or credit rights except corrections, reversals, fraud actions or other expressly permitted treatment. Material changes follow the Terms’ change procedure, and changes to existing-credit treatment apply prospectively unless law allows otherwise.

Supporting quotations

xiii. Changes to Refund and Credit Policy. Function may change, suspend, or discontinue a Credit program, including the amount or availability of future Credits, eligible purchases, earning opportunities, or other program features, subject to applicable law. Function will not retroactively eliminate a valid refund or Credit right already earned under the terms applicable to the underlying transaction, except for corrections, reversals, fraud-related actions, or other treatment expressly permitted by these Terms or applicable law. Material changes to this Refund and Credit Policy will be handled in accordance with the provisions governing changes to the Terms. Any material change to the treatment of existing Credits will be applied prospectively unless otherwise permitted by applicable law.

Charges & Financial Obligations · Procedure

Approved refunds are initiated promptly, but receipt timing varies

Refunds generally return to the original payment source. Function promises prompt initiation once approved, while posting time depends on institutions, processors or benefit administrators. Refund and credit inquiries go to the linked Function Billing email, which is masked in the saved text.

Supporting quotations

xiv. Refund Processing and Contact Information. Refunds issued under this Refund and Credit Policy will generally be returned to the original payment method or payment source used for the applicable purchase. Function will initiate an approved refund promptly, but the time required for the refund to appear may vary depending on the applicable financial institution, payment provider, or benefit administrator. If you have questions about a refund, Add-On Lab Test conversion, Credit, or Credits Balance transaction, contact Function Billing at [[email protected]](https://www.functionhealth.com/cdn-cgi/l/email-protection#7a1813161613141d3a1c0f14190e131514121f1b160e1254191517).

Charges & Financial Obligations · Restriction or exception

Trials may convert to paid renewal unless canceled in time

Promotions have their own signup terms and must be used within the stated period. Unless specified in writing, paid discount offers are nonrefundable. A trial or promotion may require a valid payment method and acceptance of automatically renewing subscription terms; failure to cancel before it ends converts it to a paid subscription charged under those terms. Legally required refund rights remain unaffected by contractual no-refund wording.

Supporting quotations

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

v. Other Refunds and Commercial Adjustments. Function may provide refunds, Credits, replacements, service-recovery adjustments, goodwill accommodations, or other commercial adjustments in circumstances described in these Terms, applicable service terms, or a specific offer or program. The fact that Function may offer or issue Credits does not itself create or expand a right to a refund. Whether a purchase is refundable is determined by the terms applicable to the underlying purchase and applicable law. Where applicable law requires Function to provide a cash or original-payment refund, Function will comply with those requirements. Where a refund is otherwise available, Function may offer Credits as an alternative when permitted. The applicable transaction or communication will disclose the amount of the Credit and any material restrictions on use.

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.

Supporting quotations

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.

Supporting quotations

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.