Terms of Service.

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 concierge@superform.health 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 not to, 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.

These Terms incorporate Superform’s Privacy Policy by reference. Please review the Privacy Policy carefully.

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.

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 Superform’s then-current fee for such features and functionality unless you decline to renew your subscription in accordance with Section 14(b)(i) below.

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 18 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 18: (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.

The Terms constitute a legally-binding contract between you and Superform that governs your access to and use of our services and products, including but not limited to: (a) your use of the website at superform.health (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.

Our Services are available only to persons sixteen (16) years of age or older. Individuals who are sixteen (16) or seventeen (17) may use the Services only with the consent of a parent or legal guardian and subject to applicable service-specific eligibility requirements. The parent or legal guardian must complete the applicable parental consent and membership authorization process. You may not access or use our Services or Products if you are under sixteen (16), and you may not create an account for or provide information relating to anyone under sixteen (16).

1. “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.
2. “Claims” refer to claims, disputes, controversies, matters, and causes of action, collectively. A “Claim” refers to any one of the foregoing.
3. “Superform 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, and software applications — but specifically excluding Personal Information and User Content.
4. “Superform,” “Superform Life,” the “Company,” “us,” “our,” and “we” refer to Superform Life, LLC.
5. “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.
6. “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 Superform Content accompanying or otherwise furnished in connection with your Lab Results obtained from independent third-party laboratories.
7. “Party” means each of you and Superform. Collectively, you and Superform are the “Parties.”
8. “Payment Information” refers to your financially-sensitive information that enables a purchase, such as credit/debit card numbers, CVCs, expiration dates, and PINs.
9. “Payment Method” refers to a valid, current, accepted means of remitting payment for Services, as permitted by Superform — typically by submitting valid, current, accepted Payment Information.
10. “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.
11. “Product(s)” refer to any and all products offered for sale and/or use in connection with our Services.
12. “Sample(s)” means blood or other biological samples provided by Superform members to independent third-party laboratories for analysis in connection with the Services.
13. “Services” means services arising out of or relating to Superform, including the Site and Mobile App. The Services may include facilitating access to independent laboratories and medical professionals; presenting Lab Results; DEXA or other body-composition imaging; cardiorespiratory, movement, strength, and performance assessments; coaching and information relating to health, wellness, fitness, nutrition, recovery, and lifestyle; communications; and software features, including generative-AI tools such as AI Chat. Neither Superform nor its Affiliates provides medical advice, care, or opinions, and use of the Services does not create a doctor-patient relationship with Superform or its Affiliates.
14. “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.
15. “You,” “you,” “your,” “yourself,” and “User” refer to you, as an individual, plus any entity, individual, and/or organization on whose behalf you are acting in connection with our Services.

In order to use our Services, you must acknowledge and agree to the following:

1. Superform 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 Superform provides through our Services, including without limitation through AI Chat, is strictly for general information purposes.
2. 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. Superform 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. Any professional relationship is solely between you and the independent medical provider or laboratory that accepts you for services. Superform may facilitate access to or arrange services with independent providers, but does not control their clinical judgment.
3. 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.
4. 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 with our Services — including without limitation the Superform Content and Responses — at your own risk. To the fullest extent permitted by applicable law, Superform 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 Superform Content and Responses.

1. Superform 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.
2. 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.
3. 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. In-person or remote performance, movement, strength, cardiorespiratory, and body-composition assessments may involve physical exertion or equipment and carry risks including soreness, dizziness, fainting, falls, strains, other injury, and cardiovascular or metabolic events. Follow all instructions, stop if you experience concerning symptoms, and obtain medical clearance before participating when appropriate for your health or circumstances.
4. While Superform 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) Superform 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.
5. You acknowledge that Superform 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.

1. Eligibility. By accessing our Services, you represent that you are legally able to agree to these Terms and have 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 Superform 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 at least sixteen (16) years of age to make use of Superform’s Services. If you are sixteen (16) or seventeen (17), your parent or legal guardian must consent to your participation and complete the applicable parental consent and membership authorization process. Your participation remains subject to applicable service-specific eligibility requirements.
2. 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 Superform. Furthermore, you may not use our Services if you are:
   1. Currently restricted or prohibited from using our Services;
   2. A past, present, or imminent competitor of Superform and/or closely connected to one or more of our past, present, or imminent competitors;
   3. Acting on behalf of another person or entity without that person or entity’s permission;
   4. Under a legal obligation that restricts and/or precludes your use of our Services; and/or
   5. Otherwise unwilling to fully agree to and follow all of our Terms.
3. 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.
4. 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 concierge@superform.health with the subject “End Use” with details about your reason for ceasing all further use.
5. Additional Terms & Conditions. You acknowledge that, in order to purchase and/or use certain Services and/or Products, Superform 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 Superform requires your consent to further terms and conditions, you will have the 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.

1. 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. Superform 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.
   1. 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 Superform.
   2. You are permitted to download and/or print a reasonable volume of Superform 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 Superform Content via social media, you are permitted to share Superform Content strictly as enabled by those features.
   3. You are permitted to store files that are automatically cached by your web browser. You are also permitted to temporarily store copies of Superform Content in RAM, insofar as such storage is incident to your access and/or use of such Superform Content.
2. You are allowed to create a single account for yourself, as an individual sixteen (16) years of age or older, subject to parental or legal guardian consent if you are under eighteen (18), 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. A parent or legal guardian may also create and supervise an Account for their sixteen (16) or seventeen (17) year old child after completing the applicable parental consent and membership authorization process. No Account may be created for a child under sixteen (16). You accept that, in order to create an Account, Superform 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.
3. You acknowledge and accept that Superform 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 Superform 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.
4. Subject to these Terms, Superform 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.

   (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:

   • Superform and you acknowledge that these Terms are concluded between Superform and you only, and not with Apple Inc. (“Apple”), and that as between Superform and Apple, Superform, 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.
   • 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 Superform’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
   • Superform and you acknowledge that Superform, 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 Superform and Apple, Superform, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
   • 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.
   • If you have any questions, complaints, or claims regarding the Apple-Enabled Software, contact Superform Life, LLC, Attention: Legal, 420 Pennsfield Place, Unit 101, Thousand Oaks, CA 91360, or concierge@superform.health.
   • Superform 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 Superform 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) Superform, and not Google, is solely responsible for Superform’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 Superform’s Google-Sourced Software.

5. 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 Superform for purposes of discussing information relevant to the Services you receive from Superform. 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.
6. 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.

   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 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.

   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 concierge@superform.health; however, you acknowledge that this may affect your ability to effectively use the Services.

7. You may elect to deactivate your account with Superform, cease using our Services, delete your Account, and/or terminate your agreement to these Terms at any time by sending an email to concierge@superform.health.
   1. 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 Superform’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.
   2. 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) Superform’s rights and licenses with respect to your data, information, and User Content.
   3. As permitted by applicable law, Superform may still retain and use your Personal Information after you have deleted your Account. For more information, please review our Privacy Policy.

1. AI Chat is a generative-AI feature that responds to prompts, questions, and inquiries (collectively, “Inquiries”) with automatically generated replies (“Responses”). Responses are Superform Content. To provide AI Chat, Superform may process Inquiries, Responses, and other User Content through third-party AI service providers acting on our behalf, subject to contractual and technical safeguards and as described in the Privacy Policy. AI outputs may be inaccurate or incomplete, and you should independently evaluate them.

   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 Superform 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.

2. You agree not to use AI Chat for emergencies or as a substitute for professional diagnosis, treatment, or medical 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:
   1. may constitute, contribute to, depict, or encourage a crime, illegal or terrorist activity, or a violation or infringement of any third party’s rights;
   2. 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);
   3. posts or submits a photograph of another person without that person’s permission;
   4. contains adult content, including obscene, pornographic, and/or sexual terms, descriptions and/or images, nudity, profanity, or graphic violence;
   5. 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;
   6. 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;
   7. 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);
   8. harms minors in any way, or solicits or otherwise attempts to gain any information from a minor;
   9. 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;
   10. attempts to identify any anonymous user;
   11. may constitute the receipt or provision of clinical services, including but not limited to the practice of medicine; or
   12. submits personal or health information about another person unless you have the right and authorization to do so.
3. You acknowledge that the Responses are based on your Inquiries and other User Content you provide AI Chat, and that Superform has no control over any such User Content. Accordingly, all Responses are provided “as is” and with “all faults,” and Superform 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.

   Superform uses safeguards designed to protect User Content, but no method of transmission or storage is completely secure. Please use AI Chat consistently with these Terms and the Privacy Policy.

   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 judgment 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.

   You, and not Superform, 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 Superform, and indemnify Superform 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 Superform 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 Superform 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. Superform does not recommend or endorse any specific opinions or other information or resources made available through AI Chat.

1. 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 Superform Content), without the prior express written consent of Superform 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.
2. 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 Superform 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.
3. 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.
4. You must comply with applicable U.S. export-control and economic-sanctions laws. You may not use, export, re-export, or otherwise make the Services or Products available where prohibited by those laws or to any person or entity subject to applicable government restrictions.

1. Superform’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:
   1. Treat Superform, our Affiliates, affiliated service providers, and our community members kindly and respectfully.
   2. All information you provide must be complete, truthful, and up-to-date.
   3. Do not attempt to disrupt our technology or misappropriate our intellectual property.
   4. Follow the law at all times in connection with our Services and Products.
2. 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:
   1. a violation of a local, state, federal, and/or international law, rule, or regulation;
   2. a violation of municipal, administrative and/or professional rules, standards, guidelines, or requirements;
   3. fraud, misrepresentation, impersonation, or identity theft;
   4. the exploitation or harm of a minor, disclosure of a minor’s information, or violation of a minor’s privacy;
   5. the deliberate submission of false, misleading, invalid, outdated, or inaccurate Personal Information;
   6. an illegal and/or deceptive business practice;
   7. 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;
   8. 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;
   9. the unauthorized use or disclosure of a third party’s Personal Information;
   10. harassment, trolling, intimidation, stalking, hate speech, bigotry, racism, prejudice, threats of violence, and/or any other abusive conduct;
   11. obscene, lewd, sexually explicit, and/or pornographic content;
   12. slander, defamation, libel, or disparagement;
   13. an effort to offer or render professional advice (e.g., medical, financial);
   14. any implication of an affiliation with or endorsement by Superform; and/or
   15. an effort to disrupt or interfere with our Services and/or business operations.

   Superform 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 law enforcement authorities.

3. 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 users’ ability to use and/or enjoy our Services.
4. 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 Superform, 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 technology systems, and recordkeeping systems, as well as third-party blood draw services, third-party telemedicine services, 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-service or distributed denial-of-service attack.
5. 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 of any Superform Content and/or any technology relating to our Services, as well as the display of Superform Content separate from accompanying text or otherwise out of full context. You are not permitted to use the Superform Content to develop any functions, programs, applications, technologies, or services that leverage the Services.
6. You shall not make efforts to index, copy, extract, download, or otherwise copy or retrieve any aspect of our Services, including without limitation the Superform 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 Superform Content (e.g., logo, name, text, images), and you are forbidden from using “hidden text” that references the Superform Content without the prior express written consent of Superform 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; (ii) circumvent any digital rights management systems in connection with our Services; or (iii) 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 Superform 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.
7. 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 Superform Content, without the prior express written consent of Superform and/or our applicable third-party licensor. The Services are solely for your personal, non-commercial use.
8. 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 Superform 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 Superform offerings, products, or services, (ii) to create aggregated or other de-identified data, and (iii) the marketing or promotion of any of the foregoing only for User Content you intentionally make public or for which you provide express consent, in each case subject to the Privacy Policy and applicable law. You represent and warrant that any authorized use of your User Content by Superform 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. Superform shall not be responsible or liable for any Losses arising out of and/or relating to your User Content.

   You hereby authorize Superform 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.

1. At any time, for any reason, with or without notice, in our sole discretion, Superform 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 Superform 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 Superform 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.
   1. You agree that Superform reserves the right to supplement, delete, or otherwise modify some or all of these Terms — or any portions thereof — at any time, for any reason, with or without notice, in our sole discretion. In the event that Superform 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 Superform’s Privacy Policy, which is incorporated by reference into these Terms in its entirety.
   2. You acknowledge and agree that Superform 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 Superform 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 Superform’s Services requiring payment for access.
   3. To the extent you enter into a separate agreement and/or consent for Services with Superform, 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.
2. You acknowledge that, to the extent permitted by applicable law, Superform 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 Superform (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 our Privacy Policy). You agree that all other notices, requests, consents, claims, demands, waivers, and other communications that Superform sends to you may be sent to the email that you provided to Superform when you registered for our Services or as updated in connection with your Superform Life account.
3. To the fullest extent permitted by law, and except as otherwise specified in writing, Superform 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 Superform Content.
4. To the fullest extent permitted under law, all Superform 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 Superform 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 Superform Content belong exclusively to Superform 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 “Superform” and “Superform Life.” 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 Superform Content arising out of, relating to, and/or appearing in connection with our Services; and (ii) these Terms expressly forbid your use of any names, logos, trademarks, service marks, slogans, designs, patents, copyright, or other Superform 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.
5. To the fullest extent permitted under law, Superform 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 Superform 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 Superform, 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.
6. Subject to the conditions set forth in these Terms (including but not limited to our Privacy Policy), you hereby grant Superform 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 Superform 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, Superform 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.
7. You acknowledge and agree that any suggestions, ideas, recommendations, complaints, feedback, and other submissions (“Submissions”) you provide to Superform 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 Superform 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).

1. Superform’s Privacy Policy can be found there. Once again, we urge you to carefully review our Privacy Policy, as it directly impacts how Superform handles your Personal Information, among other types of data and information. You acknowledge and agree that Superform’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.
2. Except as you may otherwise expressly authorize, Superform (or any third party on behalf of Superform) 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.
3. 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) with one another 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.
4. You acknowledge and agree that Superform 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 Superform 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 Superform’s Privacy Policy.

During the course of using our Services, Superform 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 Superform 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, Superform will use best efforts to integrate information you provide to us from such providers into the Superform Service ecosystem. Superform 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, Superform 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.

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 Superform 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.

1. Neither Superform 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.
2. Notwithstanding any interviews, background checks, or other vetting procedures we may opt to conduct, neither Superform 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 Superform 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. Any medical provider or laboratory is independent and is solely responsible for its services and clinical judgment. Superform may facilitate or arrange access to such providers but does not control their clinical decisions.
3. You acknowledge and agree that, to the fullest extent permitted by applicable law, neither Superform 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 Superform and hold Superform 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.
4. Neither Superform nor our Affiliates makes 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 distributor — even if those third parties offer products, content, or services that Superform links to or otherwise features, advertises, and/or bundles in connection with our Services. You acknowledge that neither Superform 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 and hold Superform 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.
5. You agree that neither Superform 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.
6. You acknowledge and agree that neither Superform 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 Superform 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 11(d) above. You agree, to the fullest extent permitted by applicable law, to release Superform and our Affiliates and hold Superform and our Affiliates harmless from any claim arising out of and/or relating to any third party’s terms of service, privacy policy, and/or related policies and practices. You further acknowledge that Superform 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.
7. You acknowledge and agree that neither Superform 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 Superform and our Affiliates and hold Superform 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.
8. 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 Superform 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 extent permitted by applicable law, you agree to release Superform and our Affiliates and to hold Superform and our Affiliates harmless from any matter arising out of and/or relating to any Superform Content, your Lab Results, and/or any documents, communications, data, or information relating to your Lab Results.
9. 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 Superform 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 Superform and our Affiliates and hold Superform and our Affiliates harmless from any matter arising out of and/or relating to such an interaction and/or individual.
10. Neither Superform 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 Superform 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 Superform and our Affiliates and hold Superform 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.
11. Superform does not guarantee that we will audit, analyze, or review User Content or other third-party content before it goes live. Neither Superform 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.

1. 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 Superform 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 Superform and our Affiliates and hold harmless Superform 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.
2. 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; (iv) your participation in any performance, movement, strength, cardiorespiratory, or body-composition assessment; and (v) the purchase or use of any medical product, device, or assessment equipment. You accordingly agree to carefully read and follow all instructions directed to you by Superform, 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.
3. 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 capable of safely using 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 you will obtain clearance from a licensed medical professional before using our Services and any related third-party offerings to the extent used by you.

1. You Authorize Superform to Effectuate Your Purchase. You should plan for your payment to process immediately upon finalizing your purchase with Superform. Effective immediately, you hereby authorize Superform 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 Superform may limit, suspend, or revoke your access if you fail to submit and keep up-to-date a viable Payment Method.

   Superform does not accept commercial or governmental health insurance plans, is not in-network with any commercial health insurance plans, and is 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 Superform 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 Superform in the event such third party fails or refuses to pay for any reason. Superform 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.

2. 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. Superform reserves the right to change the timing of our billing. Superform reserves the right to change the Subscription pricing at any time. If changes to the Subscription price occur that impact your Subscription, Superform 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 14(b)(ii). Superform is not obligated to provide the Service to you until Superform accepts your order by a confirmatory email, SMS/MMS message, or other appropriate means of communication. Superform will provide renewal, price-change, and other notices, and a cancellation method, as required by applicable law.
   1. Automatic Renewal. If you elect to purchase a Subscription, your Subscription will continue and automatically renew at Superform’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 Superform 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 Superform does not receive payment, (i) you shall pay all amounts due on your Account upon demand and/or (ii) you agree that Superform 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).
   2. Cancelling Subscriptions Purchased via Superform. You may cancel a Subscription or automatic renewal before the next renewal date through Account Settings or another cancellation method made available through the Services, or by emailing concierge@superform.health. If you purchased through a third party, follow that party’s cancellation instructions. Unless applicable law or Additional Terms provide otherwise, cancellation takes effect at the end of the current billing cycle and stops future renewal; it does not eliminate charges for a fixed commitment term.
3. 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 Superform determines it has a legal obligation to collect Sales Tax from you in connection with this Agreement, Superform 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 Superform, 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 Superform for any liability or expense Superform may incur in connection with such Sales Taxes. Upon Superform’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.
4. Membership Purchases through Third-Party Sellers. You may be able to purchase a Superform membership through authorized third-party ecommerce and in-store retailers, made available by Superform 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 Superform website at superform.health 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 Superform 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 Superform’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 Superform 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.

   A Membership Code can only be redeemed once and only for an eligible membership made available by Superform 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. Superform is not responsible for and assumes no liability for any Membership Code you gift to a Recipient. Your Membership Code cannot be replaced, and Superform is not responsible if it is lost, stolen, or otherwise used by someone other than yourself or the intended Recipient without permission. Superform 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.

5. Refund and Account Credit Policy.
   1. Subscription Payments. If you cancel your Superform Subscription within forty-eight (48) hours of your initial purchase and you have not received any lab testing services, Superform will provide you with a full refund of your Service Subscription Fee. If you qualify for this refund, it will be processed once you cancel your Subscription. After forty-eight (48) hours from your initial purchase have passed or after you receive lab testing services in connection with your Subscription, whichever comes first, you will no longer be eligible for a refund for any Service Subscription Fee. Payments for recurring membership periods following your first Subscription period are not refundable.

      No refunds are available for tests that are bundled into the cost of your Superform Subscription but that a clinician declines to order. Nevertheless, if upon reviewing a request for lab testing, a clinician declines to order one or more of the tests that you requested, you may request a credit for the amount of the lab fees for such test(s). You must request the credit within seven (7) days of when the clinician’s determination is first communicated to you or you will not be eligible for the credit.

   2. Add-On Lab Testing Payments.If you cancel an “Add-On” lab test — that is, any lab test additional to those tests bundled into the cost of your Superform Subscription — within forty-eight (48) hours of the purchase of the Add-On, and you have not received lab testing services in connection with the Add-On, you will receive a full refund of the amount you paid for the Add-On. You do not need to cancel your Superform Subscription to qualify for this refund. If you qualify for a refund of your Add-On, it will be processed once you cancel that Add-On test. After forty-eight (48) hours from your purchase of an Add-On have passed or after you receive lab testing services in connection with the Add-On, whichever comes first, your payment for that Add-On will no longer be eligible for a refund.

      No refunds are available for Add-Ons that you request but that a clinician declines to order, but you may request a credit for your purchase equal to the amount of the lab fees for such test. You must request the credit within seven (7) days of when the clinician’s determination is first communicated to you or you will not be eligible for the credit.

   3. Refund Processing Time. Any refunds issued under this policy will be refunded back to your then-current payment method listed in your Superform account. Refunds may take up to thirty (30) days to process.
   4. Refund and Account Credit Policy Changes. We reserve the right to modify or update this refund and account credit policy at any time, for any reason, with or without prior notice.
   5. Additional Credit Terms. Credits may only be applied to purchases for Add-Ons and must be used within one (1) year of the date the credit is issued to your Superform account. If you do not use your credit(s) within one (1) year of the date the credit(s) is/are issued, the credit(s) will expire. Credits have no cash value, cannot be reloaded, resold, transferred for value, traded or sold on secondary markets, redeemed for cash, or applied to any other account or membership subscription, except to the extent required by law.
   6. Contact Us. If you have any questions about our refund and account credit policy or need assistance with a refund or credit request, please contact Superform at concierge@superform.health.
6. Free Trials and Other Offers. Superform 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.

1. To the fullest extent permitted by applicable law, you agree that the Superform 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 Superform 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 Superform Party in connection with Superform’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 Superform 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 Superform 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, 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 malfunctions. This limitation of liability applies, without limitation, to Superform’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 Superform and you.
2. To the fullest extent permitted by applicable law, you hereby agree: (i) you shall not, directly or indirectly, make any effort to enjoin Superform 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 Superform’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. Nothing in this subsection limits a right to seek public injunctive relief or other relief that cannot be waived under applicable law.
3. To the maximum extent allowable by applicable law, you hereby release and hold harmless the Superform 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.
4. To the fullest extent permitted by applicable law, you hereby agree to indemnify, defend, and hold Superform and our Affiliates, officers, employees, directors, service providers, licensors, and agents (collectively, the “Superform 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 Superform’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 or 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 Superform 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 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 Superform Content; (v) any information and/or data you provide to us and/or one or more of our Affiliates, licensors, and third-party service providers, 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; (vii) 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 these Terms. This paragraph applies to all manners of claims, without exception. You acknowledge and agree that the Superform 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. Superform will make a good-faith effort to notify you if we learn of any circumstances that give rise to the indemnification obligations herein specified.

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 16. 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 all of the following disclaimers and waivers, in their entirety:

1. The Superform 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). Superform 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, Superform Content, personalized offerings, third-party offerings, and all material, data, information, and content relating thereto.
2. With respect to any “forward-looking statements,” Superform disclaims all duties, debts, obligations, and liabilities.
3. Though certain aspects of the Superform Content, Lab Results, and other third-party materials and services facilitated through Superform may be provided by healthcare professionals, neither Superform 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. Superform 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.
4. Neither Superform 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 Superform Content. You agree that neither Superform nor its Affiliates shall be liable for any Losses arising out of and/or relating to your reliance on any Lab Results, Superform Content, and/or any other data and/or information arising out of and/or relating to our Services that contains an omission, mistake, or error. You agree that neither Superform 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 a result of deletion, failure in transmission, interruption, delay, defect, unauthorized access, theft, virus, operational failure, communications failure, destruction, and/or an act of God.
5. Neither Superform nor our Affiliates warrants or represents that the Superform 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 Superform shall not be liable for the unavailability of our Services or any aspect thereof.
6. Superform 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 — Superform 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. Superform and our Affiliates accordingly disclaim all liability arising out of and/or relating to the security, integrity, and/or unauthorized 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 Superform 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.
7. Neither Superform nor our Affiliates warrants or represents that our Services (including but not limited to services relating to the facilitation of laboratory services, the receipt of Lab Results, and the facilitation of telemedicine services) have functioned or will function in a manner that is error-free and uninterrupted. Neither Superform nor our Affiliates warrants or represents that we will address any malfunctions or defects, preserve any Superform Content, Lab Results, or other documents and/or information, review any products or services, or conduct any updates or improvements.

1. Choice of Law. Any Claim arising out of or relating to a Superform Party, our Services, our Products, a transaction in connection with one or more Products and/or Services, one or more 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 California, without regard to its conflict of laws principles, except to the extent that California law is preempted by or inconsistent with federal law.
2. Venue and Jurisdiction. Except to the extent that a dispute is arbitrated or brought in small claims court pursuant to Section 18 below, the parties agree that all disputes must be litigated in the state or federal courts located in the State of California. You and Superform each waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens.
3. U.S. Jurisdiction; Foreign Access. Superform 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. Superform 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 Superform to the extent they would subject Superform to non-U.S. law or jurisdiction. Moreover, you acknowledge and agree that Superform makes no representation or warranty that our Services — including without limitation our Site, the Superform 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 you 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, if you are a 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.

Please read this section carefully as it affects your rights.

1. Agreement to Arbitrate. This Section 18 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 Superform, 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 Superform may assert individual claims in small claims court, if such claims qualify and remain in small claims court; and (ii) you or Superform 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.
2. Waiver of Jury Trial. You and Superform 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 Superform 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.
3. 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 are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Superform 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 Los Angeles, California. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Superform from participating in a class-wide or mass settlement of claims.
4. Informal Dispute Resolution. Superform 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 Superform’s customer support at concierge@superform.health. If such efforts prove unsuccessful, you and Superform 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 Superform 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.

   To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”). Such Notice to Superform should be sent by email to concierge@superform.health or by regular mail to Superform Life, LLC, Attention: Legal, 420 Pennsfield Place, Unit 101, Thousand Oaks, CA 91360 (“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. Superform 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.

   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 Informal 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.

5. 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 Superform agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by ADR Services, Inc.

   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 Superform should be sent by email to concierge@superform.health or regular mail to our offices located at Superform Life, LLC, Attention: Legal, 420 Pennsfield Place, Unit 101, Thousand Oaks, CA 91360. Superform 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”).

   Unless you and Superform otherwise agree, or the Batch Arbitration process discussed below is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in Los Angeles, California, or, at your election, the county where you reside. The arbitration will be subject to the ADR Services rules and 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, Superform will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

   You and Superform 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.

   You and Superform 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.

6. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from ADR Services’ 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 ADR Services will appoint the arbitrator in accordance with ADR Services Rules, provided that if the Batch Arbitration process is triggered, ADR Services, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment.
7. 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 that subsection is unenforceable, illegal, void, or voidable, or that such subsection 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.
8. 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.
9. Batch Arbitration.To increase the efficiency of administration and resolution of arbitrations, you and Superform agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Superform 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), ADR Services 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”). ADR Services 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 ADR Services, and ADR Services shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the ADR Services 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 Superform.

   You and Superform agree to cooperate in good faith with ADR Services 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.

   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.

10. 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: Superform Life, LLC, Attention: Legal, 420 Pennsfield Place, Unit 101, Thousand Oaks, CA 91360, or concierge@superform.health, 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 Superform’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.
11. 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 the 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 Los Angeles, California. You further agree that any Dispute that you have with Superform 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.
12. Future Changes to Arbitration Agreement. You and we agree that Superform retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted at superform.health/terms and you should check for updates regularly. We agree that if Superform 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 validly 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. Superform will continue to honor any valid opt-outs of the Arbitration Agreement that you made to a prior version of these Terms.

1. Except as expressly permitted otherwise in writing by Superform, 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 19.a is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. Notwithstanding anything herein to the contrary, Superform 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 representatives, and shall inure to the benefit of the Parties and any of its successors and/or assigns.
2. You acknowledge and agree that Superform 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.
3. 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.
4. Any translation of these Terms, your Lab Results, and/or the Superform Content is merely provided as a convenience. Any discrepancy or dispute involving a translated version of these Terms, your Lab Results, and/or the Superform 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.
5. 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.
6. 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”; (b) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word “including” — which shall mean “including without limitation,” rather than as a point of exclusion, unless otherwise noted; and (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 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.
7. All notices, requests, consents, claims, demands, waivers, and other communications from you to Superform in connection with these Terms (each, a “Notice”) shall be in writing and addressed to Superform Life, LLC, Attention: Legal, 420 Pennsfield Place, Unit 101, Thousand Oaks, CA 91360. 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).
8. 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.
9. 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 Superform with respect to our Services and supersede all prior and/or contemporaneous agreements between you and Superform, 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 Superform, on the one hand, and a third-party term and/or condition, on the other hand, Superform’s term and/or condition shall control.
10. Under California Civil Code Section 1789.3, California residents are entitled to the following consumer-rights information. The provider of the Services is:

    Superform Life, LLC
    Attention: Legal Department
    420 Pennsfield Place, Unit 101, Thousand Oaks, CA 91360

    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.

1. 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 Superform by providing us with the following information in writing to Superform’s contact listed in Section 19.j above: (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.
2. If you believe you are the subject of an improper infringement claim, please notify Superform by providing us with the following information in writing to Superform’s contact listed in Section 19.j above: (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 any judicial district in which Superform may be found — and will accept service of process from the person or the agent of the person who sent the initial notice of infringement to Superform Life, LLC. All attestations herein are given under penalty of perjury.”

Thank you for reading. Please contact us at concierge@superform.health if you have any questions, comments, concerns, or feedback.