Terms of Service

Last updated: December 15, 2022

MyOme, Inc. maintains Internet-accessible web sites, interactive user interfaces, mobile applications, and application programming interfaces, healthcare delivery and technology platform services, and sample assay and analysis services, all referred to collectively as our "Services". Our Services have been designed to provide general information about MyOme and our products to individuals, families and medical and research providers. Read these Terms and Conditions of Use (these "Terms") carefully before using our Services. By using and or visiting our Services, you signify your assent to both these Terms and the terms and conditions of the MyOme Privacy Notice, which is published and incorporated herein by reference. If you do not agree to these terms, do not use our Services.

BY ACCESSING, BROWSING OR USING OUR SERVICES OR ANY OF OUR CONTENT, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE THAT:

• You have read and understand all of these terms and conditions;
• You agree to be bound by all of these terms and conditions;
• These terms and conditions are the legal equivalent of a signed, written contract between you and MyOme; and
• If accessing, browsing or using our services or any of the content available on our services on behalf of an entity, you have full authority to bind your entity to all of these terms and conditions.
• If you are not willing to be or cannot be bound by all of these terms and conditions, then do not do not access, browse or use our services or any of the content available on our services. Moreover, MyOme does not and will not grant you any right or license to access, browse or use our services or the content available on our services without your willingness and ability to be bound by all of the terms and conditions of this agreement.

Agreement to Terms. By creating an account and using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Services.

Not Medical Advice. MyOme does not practice medicine or provide medical advice. MyOme is not your doctor, does not practice medicine, and does not provide any form of medical care or medical advice. The Services are not appropriate for all medical conditions or concerns. We recommend that you speak with your physician or other qualified healthcare provider regarding any questions you may have about MyOme's Services before you consent to treatment or testing. You should not make medical decisions or changes to medications or dosages without consulting a healthcare provider.

Changes to these Terms or the Services. MyOme may revise or modify these Terms from time to time. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means, including, without limitation, posting on our Services. If you disagree with these Terms, your sole remedy is to discontinue your use of our Services. Any use of our Services by you after such notice shall be deemed to constitute acceptance of the changes.

Additional Terms for Additional Services and for Commercial Customers. We may provide certain services that are subject to additional terms (which you will be notified of), and by using such services you agree to the applicable additional terms. Commercial customers are subject to additional terms.

Healthcare Providers Acting on Behalf of Their Patients. If you are a healthcare provider submitting an order for Services on behalf of your patient, you represent and warrant that: (i) you hold a valid and in force professional license and are authorized in your jurisdiction to order the Service on behalf of your patient; (ii) you have advised your patient of the benefits, risks, capabilities, and limitations of the Service(s); (iii) you have obtained consent from your patient to share patient health information with MyOme, as required under HIPAA, and any other applicable data privacy requirements; (iv) you have confirmed that your patient has signed or will sign the applicable informed consent; and (v) you will notify MyOme of any changes in patient information and consent status (e.g., changes in consent regarding sample storage or participation in optional research).

MyOme will use reasonable efforts to include accurate and up-to-date information on our Services; however, any information presented on our Services as of a particular date may only be accurate as of such date, and MyOme disclaims any responsibility to update such information. Information about companies other than MyOme contained in news, press releases or otherwise that are posted on our Services should not be relied upon as being provided or endorsed by MyOme.

Privacy Notice. The MyOme Privacy Notice, as it may change from time to time, is a part of these terms and conditions for using our Services and is incorporated herein by this reference. MyOme reserves the right, and you authorize MyOme, to the use and assignment of all information regarding your use of our Services and all information provided by you in any manner consistent with the MyOme Privacy Notice.

Feedback. We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services ("Feedback"). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

Sample Processing. Failure to collect and timely return your specimen in strict compliance with the collection and shipping instructions and deadlines may result in delays or in the inability to return a test result. MyOme is not liable for any non-compliance with these instructions, or for delays or specimen loss due to shipping, transportation, weather or other uncontrollable events. For replacement testing, a new specimen may be required.

Submitted data and content. By submitting any communication or material to MyOme, you agree that:

• if you are a healthcare professional you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorizations to disclose;
• you are solely responsible for the truthfulness and accuracy of all information you provide for yourself or other individual(s), and MyOme disclaims any liability or injury resulting from any untruthful or inaccurate information you provide.
• you will only submit content that complies with applicable law and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive or otherwise inappropriate or that contains any viruses or other software that may adversely affect the operation of another's computer;
• such content will be deemed non-confidential; and
• you grant to MyOme a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, publish, perform, transmit, distribute, prepare derivative works of and display such content via any media in accordance with the MyOme Privacy Policy, and waive any moral rights you may have in such content. Subject to the MyOme Privacy Policy, MyOme shall be free to use such content, including any ideas, concepts, know-how or techniques contained in such content, for any reason.

General Prohibitions. You are not permitted to do any of the following:

• send or otherwise transmit to or through our Services or to us through email any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to our Services or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
• misrepresent your identity or affiliation in any way;
• use our Services to disclose or obtain another's personal information, or collect information about users of our Services;
• transmit or otherwise make available on our Services any personal information of any individual or any material protected by copyright, trademark, publicity, privacy or other proprietary rights without the express permission of such individual or the owner of such rights, respectively;
• gain unauthorized access to our Services, or assist others to gain unauthorized access, or to disclose users' names or personally identifiable information, or to gain or provide unauthorized access to other computers or Services connected or linked to our Services;
• launch or use any automated system, including without limitation, "robots", "spiders", or "offline readers", that access our Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
• send or otherwise transmit to or through our Services or to us through email chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, messages marketing or advertising goods and services;
• transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
• violate any applicable laws or regulations or these Terms; or assist or permit any persons in engaging in any of the activities described above.

Registration, User IDs, and Passwords. Access to certain areas of our Services is limited by a user identifier ("User ID") and password, which are selected and/or supplied as part of the registering for a service account with MyOme.

By registering or logging into our Services, you represent, warrant and covenant that:

• you are at least 18 years of age;
• you are using your actual identity;
• you have provided only true, accurate, current and complete information about yourself during the registration process;
• you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete;
• you will not disclose or share Your User ID and password with any third party;
• you will be solely responsible for the maintenance and security of your User ID and password;
• you will be solely responsible for any activities conducted on or through our Services;
• and you will have obtained registration and will use our Services only for the activities permitted by such registration.

Service Text Messages and Calls. If you provide your cellular phone number to MyOme (either online or via text message) you hereby authorize MyOme, and its service providers, to communicate with you via phone call, and/or SMS/text message at the number provided, including through auto-dialed, auto-generated and/or pre-recorded messages. You understand that such messages may include, without limitation, authentication codes for purposes of verifying your ownership of your mobile device and/or reminders about upcoming appointments. You may opt out of receiving phone calls, and/or texts by responding STOP or emailing support@myome.com. However, such opt-out may impact your access to the MyOme Services. You further acknowledge and agree that communications sent via unencrypted email or via text messages over an open network are inherently not secure, and there is no assurance of confidentiality of information communicated in this manner.

Termination. MyOme reserves the right to deny or revoke access to our Services, or any part thereof, at any time in our sole discretion, with or without cause. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify MyOme immediately.

No endorsement. Our Services may contain information regarding, and links to, research studies, clinical trials, and clinical treatments. This is informational only and does not constitute an endorsement of any kind by MyOme of the study, trial, or treatment. MyOme assumes no responsibility for informing users regarding any such studies, trials, and treatments and makes no guarantee as to the completeness or accuracy of such information. MyOme also assumes no responsibility for connecting any user with the provider of a research study, clinical trial or clinical treatment. Furthermore, MyOme assumes no responsibility for ensuring the qualification of a user or participation of any user in any such study, trial or treatment. It is the responsibility of each user to contact the relevant investigators and pursue participation in a study, trial or treatment. Links to third-party Services or pages are provided for convenience only. We do not express any opinion on the content of any third-party pages and expressly disclaim liability for all third-party information and the use of it.

MYOME SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON THE INFORMATION PRESENTED ON OUR SERVICES. MYOME EXPRESSLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OUR SERVICES, EVEN IF MYOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF OUR SERVICES, THE INABILITY TO USE OUR SERVICES OR ANY ERRORS OF OMISSIONS IN THE CONTENT OF OUR SERVICES.

You agree to indemnify, defend and hold MyOme and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with our Services.

General Terms.

(a) Reservation of Rights. MyOme and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by patent, copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between MyOme and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between MyOme and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without MyOme's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. MyOme may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(c) Notices. Any notices or other communications provided by MyOme under these Terms will be given: (i) via email or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

(d) Waiver of Rights. MyOme's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MyOme. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Warranty Disclaimers.

ALL CONTENT ON OUR SERVICES IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MYOME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.

MyOme makes no warranty as to the accuracy, completeness, currency or reliability of any content available through our Services. You are responsible for verifying any information before relying on it. Use of our Services and the content available on our Services is at your sole risk. MyOme makes no representations or warranties that use of our Services will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you obtain from our Services is free of viruses.

Governing Law and Forum Choice. By choosing to visit our Services or otherwise provide information to MyOme, you agree that any dispute over your use of our Services or these Terms will be governed by the laws of the State of California and the United States of America. You also consent to the adjudication of any disputes arising in connection with our Services in the federal and state courts of San Francisco County in the State of California. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein. You agree that any cause of action you may have with respect to use of our Services must be commenced within one (1) year after the claim or cause of action arises. If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Indemnity. You will indemnify and hold MyOme and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.

Forward-looking information. Our Services may contain forward-looking information. Such information is subject to a variety of significant uncertainties, including scientific, business, economic and financial factors, and therefore actual results may differ significantly from those presented.

DMCA/Copyright Policy. MyOme respects copyright law and expects its users to do the same. It is MyOme's policy to terminate, in appropriate circumstances, account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

If you have any questions about these Terms, please email support@myome.com.