Terms and Conditions
Last updated: July 21, 2023
TABLE OF CONTENTS
1. ACCEPTANCE OF THE TERMS
2. WHO WE ARE AND WHAT WE PROVIDE YOU
3. ACCEPTABLE USE
4. INTELLECTUAL PROPERTY
5. WE MAY LIMIT OR TERMINATE YOUR SERVICES
6. FEEDBACK AND USER CONTRIBUTIONS
7. PRIVACY AND DATA PROCESSING
8. DISCLAIMERS AND NO WARRANTIES
9. LIMITATION OF LIABILITY
11. DISPUTE RESOLUTION
12. EXPORT CONTROL
13. NOTICES AND ELECTRONIC COMMUNICATIONS
14. COMPLAINTS AND NOTICE FOR CALIFORNIA USERS
1. Acceptance of the Terms
These Terms and Conditions (what we call the “Terms”) make up the agreement between you and Simple HealthKit, Inc. (“Simple HealthKit,” “we,” “our”).
These Terms govern your access and use of our “Services” that include simplehealthkit.com website and its subdomains including our portal located at app.simplehealthkit.com, applications, and any other digital interfaces owned or controlled by Simple HealthKit (the “Websites”), and your access to our test kits, use of our test kits and related services, and any other services owned or operated by Simple HealthKit that link to these Terms.
- CONSENT TO OUR PROCESSING OF SUBMITTED TEST KITS, USE OF THAT INFORMATION, AND AUTHORIZATION FOR REQUIRED REPORTING. Link to Your Consent
- CONSENT TO MANDATORY ARBITRATION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. Link to Binding Arbitration and Class Action Waiver.
The date listed at the top of the Terms will show the last time these Terms were updated. Simple HealthKit may change the Terms at any time. It is important that you review these Terms each time you use our Services to understand what Terms apply to you.
These Terms shall remain in full force and effect while you use the Services. If the Terms end, regardless of who terminates them, you and Simple HealthKit will continue to be bound by all applicable terms.
In addition to these Terms, you may need to agree to additional terms and conditions to access or purchase certain services or products available through the Website. Such additional terms will be incorporated into these Terms as part of the same agreement. In case of any conflict between these Terms and the additional terms and conditions, the additional terms and conditions will take precedence. For legal reasons, such additional terms may not be able to be incorporated into these Terms. In that case, Simple HealthKit may still enforce those terms and conditions as a service provider for the relevant supplier. Simple HealthKit is also a third-party beneficiary of the additional terms and conditions and has the right to enforce them against you.
Connect with us at Contact with any questions about these Terms.
2. Who We Are and What We Provide You
Simple HealthKit is a Delaware corporation with a registered office and headquarters at 46421 Landing Pkwy, Fremont, California 94538.
We offer a platform service to bring down barriers and provide an affordable solution to empower everyone to obtain better health. We offer access to our test kits, results delivery through our processing of your test kit, and a connection to receive care.
We do not practice medicine, and do not control or interfere with the practice of medicine by the providers. We are not a substitute for medical care from your doctor.
FAQs about our Services can be found on our Help section on our Website.
Simple HealthKit can change or stop providing the Services, with or without notice. At our sole discretion, we may give you a grace period before termination. We won’t be responsible to you or anyone else, or provide any compensation or refunds, for interruptions, suspensions, or terminations of Services.
Our Test Kits
We design, manufacture, sell, and process our own ‘at-home’ test kits and ‘in-clinic’ test kits.
Our test kits are only available through our partners, authorized retailers, and through our Store on our Website. Our partners and authorized retailers are responsible for following all applicable regulations and laws.
Unauthorized sale or resale of our products is not permitted. Unauthorized retailers do not have licenses for any Simple HealthKit copyrights or trademarks. We cannot guarantee the quality of our products when they are sold by unauthorized sellers or through unauthorized channels.
All test kits will be sold only in original packaging. No modification of the label, package insert, or other literature accompanying the test kit is permitted. All test kits must be stored in secure, climate-controlled facilities. Additionally, all handling and storage must follow the provided Material Safety Data Sheets and other requirements. All Simple HealthKit’s protocols must be followed, including for recalls or safety information dissemination. All test kit information must be displayed accurately with current images. Further, all Simple HealthKit trademarks, logos, and other brand elements are licensed only to authorized retailers and partners, and no other resellers.
You may have access to our test kits through our community partners, directly to us or through a community partner sponsored website. Our community partners could include your local health plan, government or public health services, or other provider. Find out more about our community programs on our Industries section on our Website.
You may have access to our test kits through our authorized retailers, either online or through an in-person clinic or pharmacy. Find out more about our authorized retailers on our Where to buy section on our Website.
You may access our test kits directly through our Store on our Website. The prices listed include standard shipping of the kit to you and return shipping of the sample. The prices do not include taxes or other charges imposed by the government, which will be calculated at checkout. We do not refund test kit purchases or partially used Services. We have a secure checkout through Square. Square’s service terms apply.
Processing Your Test Kit
BY SENDING US YOUR SAMPLE, YOU GIVE YOUR CONSENT TO:
- UNDERGO THE PROCESSING OF THE RELATED TEST KIT AND USE OF YOUR INFORMATION; and
- AUTHORIZE THE REPORTING OF THE TEST RESULT IF REQUIRED.
Sometimes infections or conditions take time to show in a test. Repeat testing might be necessary. The test results are not a definite diagnosis. False-positive and false-negative results can occur with screening tests. Verifying positive results through a confirmatory test by a licensed healthcare professional is important.
It is important to make informed decisions about your health based on a comprehensive evaluation by a licensed healthcare provider. If you have doubts or have symptoms, it’s best to consult a licensed healthcare professional.
Some of our test kits test illnesses and conditions that must be reported. We must report those test results to county and state public health departments or to any government entity that requires reporting by either law or the ordering provider. You understand and consent that a positive test result will be reported as required.
This consent will continue for so long as you have a Simple Healthkit account. You may email firstname.lastname@example.org to revoke your consent or ask any questions you have about this consent or our privacy practices.
In-Clinic Test Kits
If you have a test kit provided through an in-person care setting, the processing of your test kit will go through the following steps:
- Visit a local clinic or pharmacy for sample collection.
- The healthcare provider or pharmacist sends the sample directly to our laboratories.
- Test results will be delivered directly to your healthcare provider or pharmacist, typically within 24-48 hours of receiving the sample.
- If an abnormality is detected, your healthcare provider may recommend treatment and a pharmacist can provide methods for care. If an organization doesn’t have treatment capabilities, an authorized physician through our virtual care services can provide recommendations for a path to treatment.
At-Home Test Kits
If you obtained and had a test kit delivered to your home, the processing of your test kit will go through the following steps:
- Obtain a test through a partner, authorized retailer, or through our shop.
- Register the test at Register A Kit.
- Follow instructions to properly collect the sample.
- Send the sample to our labs with an included label.
- Test results are shared directly by your provider or from our portal within 24-48 hours of receiving the sample.
- If an abnormality is detected, we’ll may connect the individual to follow-up care with no additional cost to get the right treatment.
Our HIPAA-compliant portal is a subdomain of our Website and access requires authentication. You may register your test, receive test results, and access links to third-party websites and resources through our portal. Additionally, when available, virtual care services also may be available through our portal.
Portal Account Access and Termination
New portal users must create an account. By using the portal you represent and warrant that:
- You agree to keep your password confidential and will be responsible for the use of your account and password including any consequences arising from your failure to keep your information confidential. We are not liable for any loss or damage caused by your failure to provide accurate contact details or any other information used in connection with the Services. You will immediately notify us if you ever suspect any unauthorized access to your account or a breach of its security.
Test results available in your account may be downloaded or you may submit a transmission link to your healthcare provider by completing the requested task on the portal.
You may edit your contact information in your account settings. You have the right to close your account whenever you want, for any reason. If you do so, we won’t have any further obligations or liabilities towards you. You are responsible for exporting any data from your account before termination.
Email email@example.com for any questions about your account or to delete your account.
Telehealth and Virtual Care Services
Connections to treatments can occur through your personal healthcare providers, local lab, local clinic, or telehealth.
Telehealth allows healthcare providers to deliver medical advice using technology and electronic communication, even when you and the healthcare provider are not in the same place. This may include secure messaging, telehealth consultations, or other means of remote interaction. With telehealth, you may experience technical difficulties and other potential limitations to the web-based service, security and privacy risks, and feeling of distance from the health practitioner. Telehealth has its benefits but comes with potential risks.
The virtual care services available through our portal are operated and managed by licensed medical professionals separate from Simple HealthKit. Such licensed medical professionals are solely responsible for any medical care and treatment provided to you as part of those Services in a telehealth format.
The virtual care services facilitate communication between you and licensed healthcare professionals. The licensed healthcare professional can provide medical advice based on your test results. It is important to note that any information shared during these interactions should be accurate, truthful, and relevant to your health condition.
If you are receiving care in California, it’s important to know that medical doctors are licensed and regulated by the Medical Board of California. You can contact them at 800-633-2322 or visit their website at www.mbc.ca.gov.
Third-Party Linked Websites and Resources
We may provide links to websites and other resources on our Websites including through the portal. You will need to review the third-party terms and conditions, including privacy policies, to understand their rules and policies.
These links to websites and other resources are for your convenience only. Your use of these links are at your own risk. The linked content does not necessarily reflect our opinions and we do not endorse or take responsibility for any content, advertisements, products, or materials on these external sites or resources. We are not obligated to maintain any links and may remove them at any time.
You may link your account with third-party accounts with other online services. This can be done by providing your login information or allowing us to access your third-party account per the terms and conditions of that other account. By doing so, you confirm that you have the right to share your login information and grant us access without violating any terms or incurring fees or limitations from the third-party service provider.
When you link your account, we may access and store the content you have provided on your third-party account, such as friend lists. We may exchange additional information with your third-party account depending on the account and its privacy settings. It’s important to understand that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreements with them. We do not review the content from these accounts and are not responsible for it, including its accuracy or legality. Please note that the availability of your third-party account content in the Services may depend on the status of the third-party account or any termination of our access by the service provider. You can disconnect your third-party account from the Services at any time.
3. Acceptable Use
While using the Website, you agree that you will not use the Website, test kits, portal, or other Services for any use other than the business purpose for which they’re intended.
You will not, and will not permit any third party to, take any of the following actions with respect to to our Services or the server hosting the Website nor will you use our Services to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use the Services in any manner that: (i) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the Website or server hosting the Website; (ii) uses any bot, spider, scraper or other automatic or manual means to access the Website or copies any content or information on the Website; (iii) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of us or our affiliates, partners, suppliers or our licensors; (iv) modifies, adapts, improves, enhances or makes any derivative work from the Materials; (v) infringes the copyright, trademark or any proprietary rights; (vi) compiles, uses, downloads or otherwise copies the Website or any user information not your own or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) the Website or such information to any third party; (vii) is fraudulent, malicious or unlawful, unauthorized or contains defamatory or illegal information, images, materials or descriptions; (viii) promotes or provides instructions for illegal activities or that give rise to civil liabity; (ix) encourages any conduct that would constitute fraud, harassment, intimidation, disparagement, or any potential harm to Simple HealthKit our employees, agents, or another person; (x) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (xi) attempts to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (xii) accesses systems, data or information that we do not intend to be made accessible to you; or (xiii) use meta tags or any other hidden text using our name without our written consent, link or attempt to link the Website with other sites or services, or use meta tags or other devices containing any reference to us in order to direct a person to any other site of Services.
4. Intellectual Property
License to Use
Simple HealthKit owns or has the licenses for the intellectual property rights in our Services. This includes things like text, graphics, logos, and software. These rights are protected by copyright and other laws. You can use our Services and content, but only in certain ways.
You have a limited, revocable, and non-exclusive right to use our Services and the content for your personal, non-commercial use. This means you can access and use our Services but can’t republish, distribute, sell, or make derivative works from our content.
Here are some specific guidelines:
- You can print or download webpages, your test results, or other information from our Services for your personal use only.
- You may also share your test results downloaded or directly through our portal.
- If we offer applications for download, you can download them to your device for personal use as long as you agree to our end-user license agreement as applicable.
- You must always acknowledge us as the authors of the content on our Services.
Copyright Infringement – DMCA Notice
The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this Site infringes a valid copyright owned by you, you (or your agent) may send Simple HealthKit a notice requesting that the material be removed, or access to it blocked in the form described on Copyright.gov/512. This request should be sent to help@simplehealthkit or to Simple HealthKit, Inc., 46421 Landing Pkwy, Fremont, California 94538.
Simple HealthKit names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Simple HealthKit. All rights are reserved. You are not authorized to use any Simple HealthKit name or mark in any advertisement, publicity, or in any other commercial manner without the prior written consent of Simple HealthKit. All other trademarks appearing on the Website are the property of their respective owners.
5. We May Limit or Terminate Your Services
We have the right, but not the obligation, to monitor the Services for any violations of these Terms. If we believe someone is breaking the law or these Terms, we can take appropriate legal action, including reporting the user to the authorities. We can also restrict access to or disable any content at our discretion. Additionally, if any files or content on the Site are too large or causing issues with our systems, we can remove or disable them. We aim to protect our rights, keep the Services running smoothly, and ensure their proper functioning.
Simple HealthKit can limit access to the Services, suspend access, or close your account for any reason which may include the following reasons:
- You show that you don’t intend to or can’t follow the Terms or other policies.
- Simple HealthKit is legally required to terminate the agreement, such as if providing the Services to you becomes unlawful.
- The partner that worked with Simple HealthKit to offer the Services ends their relationship or stops providing them to you.
- Simple HealthKit decides to stop providing the Services in the country or state where you live or use the Services.
- Simple HealthKit believes that it’s no longer commercially viable to provide the Services to you.
- If there is any suspicious or illegal activity related to your use of the Services, Simple HealthKit may report it to the appropriate authorities.
If Simple HealthKit takes legal action against you for violating these Terms, you will have to pay for our lawyers and other costs.
Simple HealthKit may keep or share your information if it believes it’s necessary. This could happen if there’s an investigation or complaint about your use of the Services. Simple HealthKit may also disclose information to protect its rights or the rights of others or to comply with the law.
6. Feedback and User Contributions
If you have feedback or suggestions, please reach out to us through our Contact webpage.
You understand and agree that any information or content you provide, such as questions, comments, suggestions, ideas, feedback, reviews or other submissions, will become our property and can be used by us without any obligation to keep it confidential. We have the right to use and share these submissions for any lawful purpose, including commercial purposes, without giving you any acknowledgment or compensation. You also give up any moral rights you may have regarding these submissions, and you confirm that they are original or that you have the right to submit them. You agree not to hold us responsible for any claims of infringement or misappropriation of your submissions.
The Service may not offer an area for users to submit or post content or reviews. Occasionally, we may provide you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or through the Services, which could include text, videos, photos, and more (collectively, “Contributions”). By submitting Contributions, you grant us the right and license to reproduce, modify, translate, transmit, display, perform, and distribute the content worldwide.
Do not expect compensation for your Contributions. Contributions we post do not represent our opinions or the views of our affiliates or partners. We are not liable for any claims, liabilities, or losses from reviews. We reserve the right but not the obligation to accept, reject, or remove Contributions as we see fit.
Your Contributions may be visible to others through the Services and other websites. The public may see your Contributions. You take full responsibility for your Contributions and agree not to hold us liable or take legal action against them. By submitting Contributions, you agree that:
- You will share your own firsthand experience only, you own the rights to the content, and it doesn’t infringe on anyone else’s rights.
- You have permission from any identifiable individuals in your Contributions to use their names or likeness.
- Your Contributions are truthful, not false or misleading, and don’t mention illegal activities, violate these Terms, or any other laws or rules.
- Your Contributions are not spam, advertising, or offensive content.
- Your Contributions do not harass, threaten, or promote violence against others.
- Your Contributions respect privacy and don’t violate any child protection laws.
- Your Contributions do not contain offensive or discriminatory references including any discriminatory comments on race, nationality, gender, or physical abilities.
7. Privacy and Data Processing
We take the security of our Services and your account seriously, so we may take actions to protect them. This can include changing your password, terminating your account, or requesting additional information to verify transactions.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. We cannot guarantee that unauthorized third parties will never be able to defeat our technical and organization measures or use your personal information for improper purposes. While we regularly back up data, you are responsible for all the data you send or connect with our Services. We are not responsible for any loss or damage to your data, and you agree not to take any legal action against us for any such loss or damage. You acknowledge that you provide your personal information at your own risk.
We cannot and do not guarantee or warrant that email or files available for downloading from our Website will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data backup or other means to reconstruct any lost data. We do not assume any responsibility or risk for damage to your computer or its files related to your use of the Services.
Please note that the Website is hosted in the United States. Our Website is not intended to be accessed from a different region with different laws on personal data collection, use, or disclosure. If that happens, you agree to transfer your data to the United States and have it processed there.
8. Disclaimers and No Warranties
- YOUR USE OF THE SERVICES IS ENTIRELY YOUR DECISION AND AT YOUR OWN RISK. SIMPLE HEALTHKIT EXPRESSLY DENIES ANY WARRANTIES, WHETHER EXPLICIT OR IMPLIED, INCLUDING THOSE RELATED TO THE QUALITY, FITNESS, AND NON-INFRINGEMENT OF THE SERVICES.
- THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SIMPLE HEALTHKIT DOES NOT MAKE ANY GUARANTEES OR PROMISES ABOUT THE SERVICES.
- SIMPLE HEALTHKIT IS NOT A MEDICAL PROVIDER AND DOES NOT CONTROL OR INTERFERE WITH THE PRACTICE OF MEDICINE BY LICENSED PROFESSIONALS. THE MEDICAL PROFESSIONAL SERVICES PROVIDED THROUGH THE VIRTUAL CARE SERVICES ARE PROVIDED BY THIRD PARTIES UNRELATED TO SIMPLE HEALTHKIT.
- SIMPLE HEALTHKIT DISCLAIMS ALL LIABILITY FOR ANY ACTIONS, OMISSIONS, NEGLIGENCE, OR RESPONSIBILITY IN CONNECTION WITH ANY HEALTHCARE SERVICES, MEDICAL ADVICE, PRESCRIPTIONS, OR MEDICATION RECOMMENDATIONS DELIVERED BY A MEDICAL PROVIDER THROUGH OUR SERVICES.
- THE SERVICES ARE NOT GUARANTEED TO MEET ALL YOUR REQUIREMENTS OR WORK PERFECTLY ALL THE TIME. SIMPLE HEALTHKIT CANNOT GUARANTEE THAT ANY PRODUCTS, SERVICES, INFORMATION, OR MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND BE UNINTERRUPTED, SECURE, ERROR-FREE, OR CORRECTED.
- SIMPLE HEALTHKIT IS NOT RESPONSIBLE FOR ANY LIABILITIES ARISING FROM YOUR PARTICIPATION IN THE SERVICES.
- SIMPLE HEALTHKIT DOES NOT CONTROL OR ENDORSE ANY ACTIONS THAT RESULT FROM YOUR USE OF THE SERVICES.
- ANY MATERIAL YOU DOWNLOAD OR OBTAIN THROUGH THE SERVICES IS YOUR RESPONSIBILITY.
- SIMPLE HEALTHKIT IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA LOSS THAT MAY OCCUR FROM DOWNLOADING ANY MATERIALS FROM OUR SERVICES.
9. Limitation of Liability
BY ACCESSING AND USING OUR SERVICES, YOU ACKNOWLEDGE AND ACCEPT THIS LIMITATION OF LIABILITY.
WITHIN THE LIMITS OF APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE:
SIMPLE HEALTHKIT WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY EXPERIENCE IN ACCESSING OR USING OUR SERVICES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS INCLUDES LOSSES SUCH AS PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES.
EVEN IF SIMPLE HEALTHKIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, WITHIN THE BOUNDARIES SET BY THE LAW, THEY WILL NOT BE HELD LIABLE FOR:
- YOUR USE OF THE SERVICES OR ANY DIFFICULTIES YOU FACE IN USING THEM.
- ANY ACTIONS YOU TAKE BASED ON THE INFORMATION YOU RECEIVE FROM THE SERVICES.
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE.
- YOUR COSTS ASSOCIATED WITH OBTAINING ALTERNATIVE GOODS OR SERVICES RESULTING FROM ANY PURCHASES MADE OR MESSAGES RECEIVED THROUGH THE SERVICES.
- UNAUTHORIZED ACCESS TO OR CHANGES MADE TO YOUR TRANSMISSIONS OR DATA.
- THE SERVICES ARE USED BY SOMEONE WHO CLAIMS TO HAVE AUTHORIZATION BUT DOESN’T.
- STATEMENTS OR BEHAVIOR OF ANY THIRD PARTY ON THE SERVICES.
- LAW ENFORCEMENT INVESTIGATIONS.
- COPYRIGHT INFRINGEMENT CLAIMS.
- DAMAGE TO YOUR DEVICE.
- RELIANCE ON INFORMATION OBTAINED THROUGH OUR SERVICES OR OTHER FACTORS.
- MISTAKES OR DELAYS IN INFORMATION TRANSMISSION, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS, OR VIRUSES.
Using our Services may waive certain rights regarding unknown or unsuspected claims. You expressly waive the benefits of Section 1542 of the Civil Code of California and similar laws, which state that a general release does not apply to claims the releasing party does not know or suspect at the time of the release.
TO THE EXTENT PERMITTED, OUR TOTAL LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR USING OUR SERVICES, OR TEN UNITED STATES DOLLARS ($10.00) IF YOU HAVEN’T PAID ANYTHING.
Please note that some jurisdictions may not allow the exclusion or limitation of certain types of damages, so these limitations may not apply to you to the extent prohibited by applicable law.
You agree to protect, indemnify, and hold Simple HealthKit harmless if someone makes a claim against them because of something you did. This includes, by example, any use of our test kits, any content you share, how you use the Service, your connection to the Service, breaking the rules, or violating someone else’s rights. If this happens, you will pay Simple Healthcare’s reasonable attorneys’ fees and other costs.
11. Dispute Resolution
Both parties reserve the right to take legal action and seek remedies in case of any violations of the rules and regulations outlined in connection with our Services, including the Terms. This may include blocking access from specific Internet addresses to our Services. We may also cooperate with legal authorities and third parties to investigate suspected or alleged crimes or civil wrongs.
If you have any concerns about using the Service, contact us at firstname.lastname@example.org. Most issues can be resolved through this informal process. We both agree to make a good-faith effort to settle any disputes or disagreements through consultation and negotiation before resorting to a lawsuit or arbitration.
Both parties agree that any issues or claims related to the Terms or our Services must be initiated within one year from when the issue or claim first arises. After one year, neither party can pursue legal action regarding that specific matter.
Use of our Terms requires agreement to arbitration and class action waiver. However, even though we agree to resolve disputes through arbitration, there are exceptions. Small claims court is available for disputes within its jurisdiction, and intellectual property disputes are not subject to arbitration.
It’s possible arbitration may not apply, or you may have opted out. In that instance, any litigation must be filed exclusively in state or federal courts in Alameda County, California (except for small claims court actions). Both parties consent to the jurisdiction of these courts and waive a jury trial except when not allowed by law.
You acknowledge that any violation or threatened violation of the Terms by you would cause us significant harm, and monetary damages may not be sufficient. Therefore, you consent to us obtaining any necessary injunctive or equitable relief. These remedies are in addition to any other ones available under the law.
These Terms will be governed by and interpreted according to the laws of the State of California without considering conflicts of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.
Binding Arbitration and Class Action Waiver
You can opt out of the arbitration and class action waiver provisions. To do so, you must send a written notice of your decision to opt out within 30 days of your first use of the Service or the effective date of the first Terms containing the arbitration and class action waiver section. If you opt out, you will not be bound by the arbitration and class action waiver provisions.
PLEASE READ THIS SECTION CAREFULLY. THE TERMS DESCRIBED IN THIS SECTION AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR ABILITY TO FILE A LAWSUIT IN COURT.
Either of us may start binding arbitration if we cannot solve a dispute within 30 days of attempting informal dispute resolution. In this instance, claims arising from or related to these Terms, our relationship, or your use of the Services will be resolved through arbitration. This arbitration provision replaces your right to sue in court, including the right to a jury trial.
JAMS will administer the arbitration confidentially, per their Streamlined Arbitration Rules and Procedures, without class actions, and subject to the Federal Arbitration Act. For more information on the arbitration process, you can visit https://www.jamsadr.com/adr-rules-procedures.
Each party can have legal representation at their own expense. The arbitrator will have the authority to resolve disputes and provide appropriate relief. The arbitration award will be binding and may be entered as a judgment in any applicable court.
If you initiate arbitration and the filing fee exceeds $250, we will cover the additional cost if your claim is found to be valid. We will also be responsible for paying other arbitration costs, except for your legal counsel fees and expenses. If you do not prevail in arbitration, you will not be required to pay our fees and costs.
Both parties agree that any arbitration will be conducted individually, and neither party can file a class action or seek relief on a class basis. The arbitrator may provide the same damages or relief available in court for an individual claim. However, a “public injunction” can only be awarded by a federal or state court, not the arbitrator. If a court or arbitrator finds the class action waiver unenforceable, the class action waiver will be void, and the parties will not be bound by it.
12. Export Control
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the test kits to countries or persons prohibited under the export control laws. By registering a test kit, you agree that you are not located in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the test kits.
13. Notices and Electronic Communications
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. When you visit our website or send us emails, you are communicating with us electronically. This means that you agree to receive electronic communications from us. We will contact you via email using the address you have provided (if any), through the mobile application we offer, or by posting notices on our website. By agreeing to this, you understand that any agreements, notices, disclosures, or other communications we provide to you electronically fulfill the legal requirement for written communication. You also acknowledge that any electronic notices we send are considered as officially given and received on the date we transmit them, as explained in these Terms. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Additionally, you agree that by providing your phone number to use, you grant permission for Simple HealthKit to send you SMS text messages about your portal account, your test kit status, or other Services related to your account. You can cancel the SMS service at any time. You can change your SMS services preferences in your profile settings on the platform.
We are able to deliver messages to major phone carriers by using Twillio’s services, a third party service provider. Please note that carriers are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. Send an email to email@example.com for any questions about our Services.
All official notices to us must be in writing. This means sending them by certified mail with a return receipt, using a reputable courier service with proper oversight, or delivering them by hand or electronically. Any notice sent using the methods mentioned above will be considered properly given for all purposes stated in these Terms. In the case of certified mail, it will be deemed delivered on the second business day after it’s deposited in the U.S. mail. In the case of overnight courier or hand delivery, it will be considered delivered upon actual delivery. Simple HealthKit accepts service of process at this address. Any notices you provide without compliance with this section on Notices shall have no legal effect.
Simple HealthKit, Inc.
46421 Landing Pkwy
Fremont, California 94538
14. Complaints and Notice for California Users
Please contact firstname.lastname@example.org if you have a question about our Services, to receive further information regarding the Services, or to submit or resolve any complaints about our Services.
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by telephone at (800) 952-5210 or TDD (800) 326-2297, or in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
The Terms contain the complete agreement between you and Simple HealthKit and replace any previous agreements. Additional terms and conditions may apply when using affiliate Services, third-party content, or third-party software.
Non-enforcement of a specific provision does not mean Simple HealthKit is giving up on that provision. We may still enforce it in the future.
If any part of these Terms is found invalid, unlawful, or otherwise unenforceable, the rest will still apply and remain valid. You and Simple HealthKit agree to negotiate and replace any invalid or unenforceable provision with a new provision that closely reflects the original intent of these Terms.
You cannot transfer or assign any rights or responsibilities under this agreement to someone else. Simple HealthKit can freely transfer or assign their rights and responsibilities under this agreement without notifying you.
We may transfer to another entity or its affiliates or service providers some or all of the Services during negotiations of any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. We cannot promise that an acquiring party or the merged entity will have the same practices as described in these Terms. They may also substitute another party for Simple HealthKit, and this change will take effect once you receive notice.