Terms of Service

These Terms of Service (“Terms”) are a binding legal agreement between you and Health Nexus, a dba of FollowThatPatient.com (“Health Nexus,” the “Company,” “we,” “us,” or “our”). They govern your access to and use of health-nexus.com, our member portal at portal.health-nexus.com, the Health Nexus mobile app for iOS and Android, laboratory testing, memberships, and all associated software, algorithms, dashboards, reports, content, and services (collectively, the “Services”).

By typing your name, signing (including electronically), paying for a membership or any other part of the Services, or accessing or using the Services in any way — including creating an account or accepting these Terms in the Services — you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy at health-nexus.com/privacy. Each time you continue to use or pay for the Services, you reaffirm your agreement to these Terms as then in effect. If you do not agree with these Terms, you must not access or use the Services.

1. About the Services

1.1 What the Services are

The Services provide digital tools designed to organize health information, analyze information you provide or authorize us to collect, and generate informational insights related to wellness, lifestyle, and health metrics. The Services also include laboratory testing, memberships, and access to your clinic’s care team.

1.2 Features

Depending on your membership and your clinic, the Services may include:

• Digital Health Vault — store, view, and download your lab reports, imaging reports, clinician notes, and other records;
• Lab results and biomarkers — results from your reports, shown with reference ranges and status;
• Health scores and biological age — category scores, an overall vitality score, and a biological age estimate;
• Digital twin and body scans — a visual model of your health categories and, optionally, a camera-based body scan;
• Apple Health and connected devices — activity, heart, sleep, and body data from Apple Health and supported wearable devices;
• Questionnaires — health history and intake questionnaires;
• AI health assistant — answers to your questions in chat;
• Protocol — AI-generated recommendations and action items based on your results and your clinic’s care protocols;
• Notifications — alerts when new results or your protocol are ready.

1.3 Automated processing

The Services use artificial intelligence, machine learning models, algorithms, and automated data processing systems to generate insights or summaries based on the information you provide and other inputs. Section 9 explains how.

1.4 Informational purpose

The Services are intended solely as an informational and educational tool.

2. No Medical Advice

THE SERVICES DO NOT PROVIDE MEDICAL ADVICE.

The content, insights, analytics, recommendations, protocols, reports, summaries, and other outputs generated by the Services are provided for informational and educational purposes only and are not intended to diagnose, treat, cure, or prevent any disease.

The Services are not a substitute for professional medical advice, diagnosis, or treatment from a licensed healthcare provider. Always seek the advice of a qualified physician or other licensed healthcare professional regarding any medical condition or treatment decision, and before changing your diet, exercise, supplements, or medications.

Never disregard professional medical advice or delay seeking medical care because of information obtained through the Services.

3. No Doctor–Patient Relationship

Use of the Services does not create a physician–patient relationship between you and the Company or any of its employees, contractors, affiliates, or representatives. The Company does not provide medical care or clinical services through the Services.

Except where you are expressly and separately engaged in a clinical encounter with a licensed clinician, no physician–patient relationship is created through the Services. Any relationship you have with your own clinic or physician exists independently of these Terms and is governed by your arrangements with them (see Section 5).

4. Not for Emergencies

The Services are not designed for use in medical emergencies and are not monitored in real time.

If you believe you are experiencing a medical emergency, immediately call emergency services (such as 911) or your local emergency number, or seek care from the nearest emergency medical facility.

5. Your Clinic, Care Team, and Healthcare Providers

5.1 Your clinic and care team

If you use the Services through a clinic or healthcare practice (“your clinic”), your clinic’s care team can see the information in your account — including your results, records, questionnaire answers, device data, and AI-generated outputs — and may review or adjust the recommendations you receive. Your clinic is responsible for the care it provides to you.

5.2 No direct clinical services

The Services do not provide telehealth, telemedicine, or direct clinical services. Any features that facilitate connection between you and healthcare providers are provided solely as a convenience and do not constitute the practice of medicine by the Company.

5.3 Independent healthcare providers

To the extent the Services integrate with or provide referrals to healthcare providers, laboratories, or clinical services, such providers are independent professionals or entities and are not employees, agents, or representatives of the Company. The Company does not supervise, direct, or control the clinical judgment, diagnoses, treatments, or recommendations of any healthcare provider.

5.4 Licensure and scope of practice

You are responsible for verifying that any healthcare provider with whom you interact through or in connection with the Services is appropriately licensed in your jurisdiction and practicing within their scope of licensure. The Company does not warrant or represent that any provider is licensed in any particular jurisdiction.

5.5 Liability for clinical services

The Company shall not be liable for any act, omission, malpractice, negligence, or misconduct of any independent healthcare provider, laboratory, or clinical service to which you may be referred or connected through the Services.

6. Eligibility

The Services are intended for use by individuals who are at least 18 years of age. You must be legally capable of entering into a binding agreement and located in a jurisdiction where the Services are offered. Certain laboratory tests are unavailable in some states or jurisdictions due to local law.

By using the Services, you represent and warrant that you meet these requirements; that all information you provide is accurate, current, and complete; and that you are registering for yourself and not on behalf of another person unless you have legal authority to do so. Section 26 describes our rules for minors.

7. Accounts and Security

You may be required to create an account to access certain features of the Services. You agree to:

• provide accurate registration information and keep it up to date;
• maintain the confidentiality of your login credentials;
• promptly notify us at Support@health-nexus.com of any unauthorized use of your account.

You are responsible for all activities occurring under your account. We may suspend or terminate accounts we reasonably believe are fraudulent, abusive, or in violation of these Terms.

8. Electronic Signatures, Records, and Communications

8.1 Electronic signature

When you accept these Terms or another consent in the Services — by typing your name, signing, completing payment for a membership or other purchase, checking a box, tapping a button such as “I Agree,” or using the Services — you adopt that action as your electronic signature and agree that it has the same legal effect as a handwritten signature. You consent to receive these Terms, our Privacy Policy, notices, and other records electronically.

8.2 Record of acceptance

When you accept these Terms, we record the date and time, your account name and email, your IP address, and your device or browser information. The version you accepted is the version in effect at that time, identified by its “Last updated” date. Section 22.3 explains how long we keep these records.

8.3 Communications

We send service communications — for example, when your lab results or your protocol are ready — by email, push notification, and within the Services. Service communications are part of the Services. You can turn off push notifications at any time in your device settings. We send marketing emails only with your consent, and you can unsubscribe at any time using the link in the email.

8.4 Your contact details

Please keep your email address current. Notices we send to the email address on your account are deemed received when sent.

9. Artificial Intelligence

9.1 How the Services use AI

The Services use artificial intelligence and machine learning technologies to process the information you provide and to generate informational outputs, including: reading documents you upload and extracting your results; health summaries, trend analyses, risk estimations, biomarker interpretations, and wellness insights; your protocol of recommendations and action items; and answers to your questions in the AI health assistant. You acknowledge that certain outputs of the Services are produced in whole or in part by automated artificial intelligence systems.

9.2 Our AI provider

The Services’ AI features are powered by Claude, an AI model developed by Anthropic, PBC, which we access through Amazon Bedrock within our own Amazon Web Services (“AWS”) account in the United States. AWS processes this information on our behalf under a HIPAA Business Associate Agreement (“BAA”). Your information is not made available to Anthropic, and it is not used to train AI models by AWS or Anthropic. No other AI service receives your Health Data.

9.3 General health information from the web

To answer general health questions, the AI health assistant may look up public medical information through a web search provider (Tavily), preferring the trusted sources listed in Section 10. Only the search terms are sent — never your name, contact details, or account information.

9.4 Consent to AI processing

AI analysis is how the Services work: every feature that reads or interprets your health information relies on it. Before your information is processed, we ask for your affirmative consent (Section 22). If you do not consent, you cannot use the Services. You may withdraw your consent at any time as described in Section 22.2; because the Services depend on AI analysis, withdrawing consent ends your use of the Services.

9.5 Limitations of AI

You acknowledge and agree that:

• AI-generated outputs may be incomplete, inaccurate, or outdated;
• algorithmic analysis may not account for all relevant health factors;
• the Services may misinterpret or incorrectly analyze the information you provide, including values extracted from documents you upload;
• AI and machine learning models are inherently probabilistic. The Company does not warrant, represent, or guarantee that any AI-generated output is accurate, complete, current, reliable, or suitable for any particular purpose, and outputs may contain errors, omissions, or misinterpretations of the information you provide.

AI-generated insights should not be relied upon as the sole basis for making medical, health, or lifestyle decisions. Check important values against your original documents and confirm significant findings with a qualified clinician.

9.6 Human oversight

Certain AI-generated outputs may be reviewed by your care team or other qualified personnel; however, the Company does not guarantee that all outputs undergo human review. You should not assume that any specific output has been reviewed, validated, or endorsed by a licensed healthcare professional unless the Services explicitly say so. Authorized Health Nexus staff may review AI chat conversations for quality and support.

9.7 Algorithmic updates

The Company reserves the right to modify, retrain, update, or replace the AI models and algorithms used by the Services at any time without prior notice. Such changes may result in different outputs being generated from the same or similar input data. The Company shall not be liable for any differences, inconsistencies, or changes in outputs resulting from algorithmic updates.

9.8 Model training data

The AI model is developed and trained by its provider on large datasets that may include publicly available information, including medical literature and research. The Company’s analytical frameworks, such as health scores and biomarker interpretations, draw on published medical research, de-identified population-level health data, and the Company’s proprietary methods. Training data and research may contain inherent biases, gaps, or limitations that could affect the quality or applicability of outputs. Information you provide through the Services is not used by AWS or Anthropic to train AI models, and we do not use your identifiable Health Data to train AI models.

9.9 Third-party AI models

The Services incorporate and rely upon an AI model developed and maintained by a third party. You acknowledge and agree that:

• the Company does not develop, control, train, or maintain the underlying AI model and cannot guarantee its performance, accuracy, availability, or behavior;
• third-party AI models may produce outputs that are inaccurate, incomplete, inconsistent, biased, or inappropriate, and the Company shall not be liable for errors or omissions attributable to them;
• providers may modify, update, retrain, deprecate, or discontinue their AI models at any time without notice, which may affect the functionality or output quality of the Services;
• your information is processed on our behalf under our agreements with AWS, including the BAA described in Section 9.2;
• the Company makes reasonable efforts to select reputable AI providers and to implement appropriate contractual safeguards; however, the Company does not warrant that third-party AI models will comply with all applicable laws, regulations, or standards at all times.

Our Privacy Policy and the “AI & Your Data” page in the mobile app describe our AI provider and data practices in more detail.

9.10 Right to explanation

To the extent required by applicable law, you may request a general explanation of how AI-generated outputs were produced. Such explanations will be provided in plain language and at a level of generality appropriate to protect the Company’s proprietary algorithms and trade secrets. Requests may be submitted using the contact information in Section 40.

9.11 Right to contest AI outputs

If you believe that an AI-generated output is materially inaccurate or misleading, you may submit a dispute using the contact information in Section 40. The Company will make reasonable efforts to investigate and respond within thirty (30) business days, though the Company does not guarantee that any particular output will be modified or corrected.

9.12 Compliance with AI regulations

The Company intends to comply with applicable federal, state, and international laws governing the use of artificial intelligence, including but not limited to the European Union Artificial Intelligence Act, the Colorado Artificial Intelligence Act, and any successor legislation or regulatory guidance. In the event of any conflict between these Terms and mandatory provisions of applicable AI regulation, the mandatory provisions shall control.

10. Health Information Sources

To help you understand where the health information in the Services comes from:

• Your results come from your own lab reports — reports you upload and reports your clinic’s laboratories send to your account.
• Reference ranges shown with your results were provided by Vibrant America laboratory. The optimal, fair, and poor bands shown next to your results are the ranges your clinic uses for its patients.
• Device ranges for wearable metrics are set by your care team.
• Biological age is estimated with the PhenoAge method: Levine ME, Lu AT, Quach A, et al. An epigenetic biomarker of aging for lifespan and healthspan. Aging (Albany NY). 2018;10(4):573–591. https://doi.org/10.18632/aging.101414.
• Your protocol, summaries, and insights are generated by AI from your results, questionnaire answers, and device data, following your clinic’s care protocols.
• AI chat answers draw on your own records, your clinic’s reference material, and trusted public medical sources, including the National Institutes of Health (nih.gov), MedlinePlus (medlineplus.gov), PubMed (pubmed.ncbi.nlm.nih.gov), the Centers for Disease Control and Prevention (cdc.gov), the U.S. Food and Drug Administration (fda.gov), the World Health Organization (who.int), Mayo Clinic (mayoclinic.org), Cleveland Clinic (my.clevelandclinic.org), Johns Hopkins Medicine (hopkinsmedicine.org), the American Heart Association (heart.org), the American Diabetes Association (diabetes.org), and the National Cancer Institute (cancer.gov).

The mobile app lists these sources on its Health Information Sources page (Profile → About & Legal) and links to it next to medical information. These sources are provided for context only; they do not make any output of the Services medical advice.

11. Laboratory Testing and Specimens

Laboratory testing is performed by independent CLIA-certified laboratories and, where required, ordered through independent licensed physicians. Results depend on proper collection, handling, and shipment of specimens. You agree to follow all preparation and collection instructions. We are not responsible for inaccurate or unusable results arising from improper collection, delayed shipment, or carrier loss or damage. Results may be delayed, inconclusive, or require retesting.

12. Memberships, Billing, and Automatic Renewal

Where purchases are made. Memberships and other purchases are made through our website or member portal. The Health Nexus mobile app does not sell memberships or offer in-app purchases.

Memberships are sold on a recurring annual subscription basis at the price displayed at checkout. By purchasing, you authorize us and our payment processor (Stripe, Inc.) to charge your payment method the then-current membership fee plus applicable taxes.

• Auto-renewal. Your membership renews automatically each year until cancelled. You will be charged on the renewal date using the payment method on file.
• Cancellation. You may cancel at any time through your member portal or by emailing Support@health-nexus.com. Cancellation takes effect at the end of the current billing period; access continues until then.
• Refunds. Fees are non-refundable except where required by law or where expressly stated. Once a lab kit has shipped or a draw has been completed, the corresponding fees are non-refundable.
• Price changes. We may change pricing on renewal with at least 30 days’ notice to the email address on file.
• Failed payments. We may suspend Services if a charge fails and is not cured.

HSA/FSA eligibility depends on your plan administrator; we make no guarantee that your purchase will be reimbursed.

13. Your Content and Health Records

13.1 Ownership and license

You may upload records, documents, images, and other materials (“Your Content”). You retain ownership of Your Content. You grant Health Nexus a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, and analyze Your Content solely to provide, secure, support, and improve the Services and as permitted by our Privacy Policy and applicable law. You represent that you have all rights necessary to upload Your Content.

13.2 Your responsibility for data

You are solely responsible for the accuracy, completeness, and reliability of any information you provide to the Services. This includes, but is not limited to:

• health history;
• biometric data;
• laboratory results;
• wearable device data;
• lifestyle information;
• medications or supplements;
• manually entered data.

The Company shall not be responsible for any consequences resulting from inaccurate or incomplete information you provide.

13.3 Uploaded documents

When you upload a document, it is read by AI to extract your results into your records (Section 9). Extraction can be wrong; review extracted values against your original document, which remains available in your Digital Health Vault.

13.4 Other people’s information

Do not upload another person’s health information unless you have lawful authority to do so.

14. Apple Health, Wearables, and Third-Party Data

14.1 Connecting devices

You may connect Apple Health and supported wearable devices, such as watches, rings, scales, and glucose monitors. Device data is synced through Junction, our health-data integration partner. Apple Health access is read-only: the app reads only the data types you permit and never writes to Apple Health. You can disconnect a device at any time from the Data tab in the app, and manage Apple Health permissions in the Health app or your iPhone settings.

14.2 How device data is used

Device data is used only to provide the Services, including your health insights and the AI analysis described in Section 9. It is never sold or used for advertising.

14.3 Reliability of third-party data

The Services may allow integration with third-party devices, software applications, laboratories, or data sources, including but not limited to wearable fitness trackers, smart watches, health applications, and diagnostic services. The Company does not manufacture, control, validate, or guarantee the accuracy, reliability, or completeness of data obtained from such third-party devices or services.

You acknowledge and agree that:

• wearable sensors may produce inaccurate or incomplete measurements;
• data transmission errors may occur;
• device algorithms may change without notice;
• third-party systems may experience outages or delays.

The Company shall not be responsible for errors, omissions, or inaccuracies originating from third-party devices or data providers. Insights generated by the Services that rely on such third-party data may therefore be incomplete or inaccurate. You are responsible for verifying important health information with appropriate healthcare professionals or validated medical testing.

15. Body Scans

15.1 How body scans work

Body scans are optional. If you choose to scan, the mobile app uses your phone’s camera to record a guided scan and its motion sensors to keep the phone level and steady. The recording is processed by Prism Labs to produce body measurements, body-composition estimates, and a 3D body model shown in your digital twin.

15.2 Scanning terms

Before your first scan, you will be asked to accept the scanning terms and to provide the basic body details the scan requires. Prism Labs’ own terms and privacy policy apply to its processing. Our Privacy Policy describes what is shared.

15.3 Accuracy

Body-scan results are estimates. They are not medical measurements or diagnostic tests, and their accuracy depends on following the on-screen instructions, including lighting, clothing, and positioning. Scan only yourself.

16. Predictive Health Model and Risk Estimation Disclaimer

The Services may generate predictive insights, statistical estimates, trend analyses, or risk assessments based on aggregated datasets, population-level research, information you provide, and machine learning models. These predictive outputs are based on probabilistic modeling techniques and are not deterministic predictions of future health outcomes.

You acknowledge and agree that:

• predictive models may not account for all individual biological variables;
• statistical estimates may differ from real-world outcomes;
• future health outcomes cannot be guaranteed or precisely predicted;
• predictive insights may evolve as algorithms are refined or new data becomes available.

Any projections, health scores, biological age and longevity estimates, biomarker predictions, or disease risk analyses provided by the Services are intended solely as informational tools designed to support general health awareness. Such projections should not be interpreted as medical diagnoses, prognoses, or clinical risk assessments. You agree that you will not rely on predictive outputs as the sole basis for making medical, therapeutic, or lifestyle decisions.

17. Clinical Validation Disclaimer

THE ALGORITHMS, MODELS, SCORING SYSTEMS, PREDICTIVE TOOLS, AND ANALYTICAL FRAMEWORKS USED BY THE SERVICES HAVE NOT BEEN CLINICALLY VALIDATED THROUGH RANDOMIZED CONTROLLED TRIALS, PEER-REVIEWED CLINICAL STUDIES, OR OTHER FORMS OF FORMAL CLINICAL EVALUATION UNLESS EXPLICITLY STATED OTHERWISE IN WRITING BY THE COMPANY.

You acknowledge and agree that:

• the outputs of the Services are generated using computational models and statistical techniques that have not been tested against clinical control populations or validated in accordance with standards recognized by the FDA, NIH, or other clinical regulatory authorities;
• no representation is made that the outputs of the Services are equivalent to or a substitute for clinically validated diagnostic tests, laboratory analyses, or medical examinations;
• health scores, risk assessments, biomarker interpretations, trend analyses, biological age and longevity estimates, and any other quantitative or qualitative outputs generated by the Services are informational tools and do not constitute clinical findings;
• the absence of clinical validation means that outputs of the Services may differ materially from results obtained through validated clinical methods.

You should consult qualified healthcare professionals for clinically validated assessments of your health status.

18. Regulatory Status (FDA) Disclaimer

The Services are intended to function as a consumer health information and wellness support tool. The Services and their underlying software are not intended to constitute a medical device as defined under the Federal Food, Drug, and Cosmetic Act and have not been evaluated, cleared, or approved by the United States Food and Drug Administration (FDA) or any other regulatory authority.

The Services do not provide medical diagnosis, clinical decision support, or treatment recommendations and are not intended to replace the clinical judgment of licensed healthcare professionals. Any analytics, scoring systems, predictive outputs, or insights generated by the Services are informational in nature and should not be interpreted as medical determinations regarding disease presence, disease risk, or appropriate medical treatment.

You acknowledge that the Services are provided as a digital health information tool and are not intended for use in clinical decision-making, medical diagnosis, or treatment planning. Nothing within the Services should be interpreted as a medical device function, diagnostic test, or clinical evaluation.

19. User Assumption of Risk

You acknowledge that decisions related to health, wellness, nutrition, exercise, supplementation, and lifestyle inherently involve risk. By using the Services, you agree that you assume full responsibility for any decisions you make based on information or insights obtained through the Services.

20. Data Collection and Privacy

Use of the Services involves the collection, storage, and analysis of personal information, including health- related information. By using the Services, you consent to:

• the processing of your data to operate and improve the Services;
• the analysis of your data by automated systems and algorithms, including the AI processing described in Section 9;
• the storage of your data on secure cloud-based systems.

Where permitted by law, the Company may use de-identified or aggregated data for purposes including product development, research, system improvement, and analytics.

Our Privacy Policy, available at health-nexus.com/privacy, describes our data practices in detail and forms part of these Terms.

21. Health Data Privacy

21.1 Nature of data collected

The Services collect, process, store, and analyze personal information that may include health-related information, biometric and body-scan data, laboratory results, genetic or genomic data, wearable device data, medication and supplement histories, lifestyle information, and other data provided by you or obtained through authorized integrations (collectively, “Health Data”).

21.2 HIPAA

Some of the information we handle is protected health information created or received in connection with clinical services. Where we act as a business associate of a covered entity, such as your clinic, or where a covered entity relationship exists, that information is handled in accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), its implementing regulations, and applicable business associate agreements. We maintain business associate agreements with the service providers that process protected health information on our behalf, including Amazon Web Services.

Information you upload voluntarily that is not created through a covered clinical encounter is protected under these Terms, our Privacy Policy, and applicable state health-privacy laws. Regardless of whether HIPAA formally applies to a given data transaction, the Company implements administrative, technical, and physical safeguards consistent with industry standards for the protection of sensitive health information.

21.3 State consumer health data laws

The Company acknowledges that certain jurisdictions have enacted consumer health data privacy statutes that may apply to Health Data collected through the Services, including but not limited to:

• the Washington My Health My Data Act (WMHMDA);
• the California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA) and its provisions regarding sensitive personal information;
• the California Confidentiality of Medical Information Act (CMIA);
• the Connecticut Data Privacy Act and its health data provisions;
• Nevada Senate Bill 370 and related consumer privacy legislation;
• any additional state or local consumer health data laws enacted after the date of these Terms.

To the extent any such laws apply to the Company’s collection or processing of your Health Data, the Company shall comply with the requirements of such laws, including but not limited to obtaining consent where required, honoring opt-out requests, and providing required disclosures.

21.4 Data minimization

The Company shall collect and retain only such Health Data as is reasonably necessary to operate the Services and provide the services described herein. The Company shall not collect Health Data for purposes unrelated to the functionality of the Services without obtaining separate, affirmative consent from you.

21.5 Where data is processed

We operate in the United States and store and process Health Data in the United States. If you access the Services from outside the United States, your information will be transferred to and processed in the United States. Where such transfers occur, the Company shall implement appropriate safeguards as required by applicable law, including but not limited to Standard Contractual Clauses, adequacy determinations, or other legally recognized transfer mechanisms.

21.6 De-identification and aggregation

Where the Company uses de-identified or aggregated data for research, product development, or analytical purposes as described in Section 20, the Company shall apply de-identification standards consistent with applicable law, including, where appropriate, the Safe Harbor or Expert Determination methodologies described in 45 C.F.R. § 164.514(b). De-identified data shall not be re-identified without your consent except as required by law.

21.7 Third-party data processors

The Company may engage third-party service providers to assist in the storage, processing, or analysis of Health Data. All such providers shall be contractually obligated to maintain the confidentiality and security of Health Data and to process such data only in accordance with the Company’s instructions and applicable law. Our Privacy Policy lists our principal service providers.

22. Consent to Health Data Processing

22.1 Separate, affirmative consent

You will be required to provide separate, affirmative consent to the collection, processing, and storage of Health Data as described in Sections 9, 20, and 21. This consent shall be obtained before any Health Data is collected and shall clearly describe the categories of data collected, the purposes of processing, the categories of third parties with whom data may be shared (including our AI provider), and your rights with respect to such data. The mobile app also shows a one-time notice before your first lab-report upload and before you first connect Apple Health or another device.

22.2 Withdrawal of consent

You may withdraw your consent to Health Data processing at any time by contacting the Company using the information in Section 40. Withdrawal of consent shall not affect the lawfulness of processing conducted before withdrawal. Because the Services depend on processing your Health Data, including AI analysis, withdrawal of consent will result in the inability to use the Services.

22.3 Record of consent

The Company shall maintain records of your consents and acknowledgments, including the date and time, your account name and email, your IP address and device information, and the version of these Terms to which consent was given, for the duration of your account and for a period of not less than three (3) years following account termination.

23. Your Data Rights

Subject to applicable law, you may have certain rights regarding your personal information and Health Data. The Company shall honor such rights to the extent required by the laws of your jurisdiction.

23.1 Right of access

You may request a copy of the personal information and Health Data that the Company has collected about you. The Company shall respond to verified access requests within the timeframe required by applicable law, and in no event later than forty-five (45) calendar days from the date of a verified request.

23.2 Right of correction

You may request correction of inaccurate personal information held by the Company. The Company shall make reasonable efforts to correct verified inaccuracies within thirty (30) business days of receiving a validated correction request.

23.3 Right of deletion

You may request deletion of your account, personal information, and Health Data, subject to applicable legal exceptions, including but not limited to data retained for legal or clinical recordkeeping compliance, fraud prevention, the exercise or defense of legal claims, or completion of a transaction you requested. The Company shall process verified deletion requests within the timeframe required by applicable law. Section 25 describes what happens when you close your account.

23.4 Right of data portability

You may request that your personal information and Health Data be provided in a structured, commonly used, and machine-readable format. The Company shall make reasonable efforts to accommodate data portability requests, subject to technical feasibility and the protection of proprietary algorithms and trade secrets.

23.5 Right to opt out of AI processing

To the extent required by applicable law, you may request that your Health Data not be processed by automated decision-making systems. You acknowledge that because AI analysis is essential to the Services, opting out of AI processing may substantially limit or end your ability to use the Services. Opt-out requests may be submitted using the contact information in Section 40.

23.6 Right to opt out of data sales or sharing

We do not sell your personal information or share it for cross-context behavioral advertising. To the extent required by applicable law, including the CCPA/CPRA, you may opt out of the sale or sharing of your personal information, and the Company shall provide a mechanism for you to exercise this right, including a “Do Not Sell or Share My Personal Information” link where required by law.

23.7 Non-discrimination

The Company shall not discriminate against you for exercising your data rights. You shall not be denied access to the Services, charged different rates, or provided with a different level of service for exercising such rights, except to the extent that the exercise of such rights materially impairs the Company’s ability to provide specific services.

23.8 Authorized agents

You may designate an authorized agent to submit data requests on your behalf, subject to verification requirements established by the Company and consistent with applicable law.

23.9 How to make a request

Email Support@health-nexus.com from the email address on your account. We will verify your identity before acting on a request. If we deny your request, you may appeal by replying to our decision.

24. Data Security and Breach Notification

24.1 Security measures

The Company implements and maintains administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of your data, including Health Data. These safeguards include but are not limited to encryption of data at rest and in transit, access controls, intrusion detection systems, and regular security assessments.

24.2 Breach notification

In the event of a security incident involving unauthorized access to, acquisition of, or disclosure of unencrypted personal information or Health Data (“Data Breach”), the Company shall:

• investigate the nature and scope of the Data Breach promptly upon discovery;
• notify affected users in accordance with the timeframes and methods required by applicable federal and state breach notification statutes, including but not limited to the breach notification requirements of all fifty (50) United States, the CCPA/CPRA, HIPAA (where applicable), and the EU General Data Protection Regulation (where applicable);
• provide affected users with a description of the categories of information involved, a general description of the incident, the Company’s contact information for inquiries, and recommended steps users may take to protect themselves;
• notify applicable regulatory authorities as required by law.

24.3 Limitations

While the Company takes security seriously and implements industry-standard safeguards, no system is completely secure. The Company does not warrant or guarantee that unauthorized access, data breaches, or security incidents will not occur. You acknowledge that you use the Services with an understanding that residual security risk exists.

25. Data Retention and Account Closure

25.1 Active accounts

The Company shall retain your data, including Health Data, for the duration of your active account and for as long as reasonably necessary to provide the Services.

25.2 Closing your account

You may close your account at any time by emailing Support@health-nexus.com from the email address on your account. Upon voluntary account closure, the Company shall:

• cease active processing of your Health Data within thirty (30) calendar days of account closure;
• delete or de-identify your personal information and Health Data within ninety (90) calendar days of account closure, except records we must keep to meet legal, clinical recordkeeping, tax, and accounting obligations — typically at least seven years for records associated with laboratory testing — and records needed to exercise or defend legal claims, which we delete or de-identify when those obligations end;
• provide you, upon request, with an opportunity to export your data in a portable format before account closure.

25.3 Account termination by the Company

If the Company terminates your account under Section 36, the Company shall provide you with thirty (30) calendar days’ notice (except in cases of fraud, abuse, or imminent harm) and an opportunity to export your data before deletion.

25.4 Retention for legal compliance

Notwithstanding the foregoing, the Company may retain certain data beyond the periods specified above to the extent required by applicable law, including but not limited to tax recordkeeping requirements, clinical recordkeeping requirements, litigation hold obligations, regulatory audit requirements, and fraud prevention.

25.5 Discontinuation of the Services

In the event the Company permanently discontinues the Services, the Company shall provide you with at least sixty (60) calendar days’ advance notice and a reasonable opportunity to export your data before the Services cease operation.

26. Minors and Parental Consent

26.1 Age requirement

The Services are not intended for use by individuals under the age of eighteen (18). By accessing or using the Services, each user represents and warrants that they are at least eighteen (18) years of age.

26.2 COPPA compliance

The Services are not directed at children under the age of thirteen (13) as defined by the Children’s Online Privacy Protection Act (“COPPA”). The Company does not knowingly collect personal information from children under thirteen (13). If the Company discovers that it has collected personal information from a child under thirteen (13), the Company shall delete such information promptly.

26.3 Minors between 13 and 17

The Services are not intended for use by individuals between the ages of thirteen (13) and seventeen (17). If the Company becomes aware that a minor between the ages of thirteen (13) and seventeen (17) has accessed the Services without verifiable parental or guardian consent, the Company reserves the right to suspend or terminate the account and delete associated data.

26.4 Parental and guardian responsibility

Parents and legal guardians are responsible for monitoring and supervising their minor children’s internet usage. The Company disclaims all liability arising from a minor’s unauthorized use of the Services.

26.5 Health data of minors

Health data of minors is afforded heightened protection under numerous federal and state laws. In the event that the Company inadvertently collects Health Data of a minor, the Company shall treat such data with additional safeguards and delete it in accordance with applicable law and Sections 26.2 and 26.3.

27. Acceptable Use

You agree not to:

• use the Services for any unlawful, fraudulent, or harmful purpose;
• upload another person’s health information without lawful authority;
• access or attempt to access another person’s account or information;
• reverse engineer, scrape, data-mine, or attempt to derive source code from the Services;
• interfere with, overload, or circumvent security or rate limits;
• resell, sublicense, or commercially exploit the Services without our written consent;
• misrepresent your identity or your authority to act for another person.

28. Intellectual Property

28.1 Ownership

All content, software, algorithms, models, reports, designs, text, graphics, protocols, and trademarks associated with the Services are the intellectual property of the Company or its licensors and are protected by intellectual property laws. This does not include Your Content (Section 13.1).

28.2 License to you

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for your personal, non-commercial use. All rights not expressly granted are reserved.

28.3 Restrictions

You may not reproduce, distribute, reverse engineer, modify, commercially exploit, resell, or sublicense any portion of the Services without prior written permission from the Company.

28.4 Feedback

If you send us suggestions or feedback about the Services, we may use them without restriction or obligation to you.

29. Third-Party Services

The Services integrate third parties, including laboratories, payment processing (Stripe, Inc.), shipping carriers, identity providers, hosting and analytics vendors, Amazon Web Services (including Amazon Bedrock), Junction (device data), Prism Labs (body scans), and Apple Health. Your use of a third-party service may be governed by that party’s own terms and privacy policy. We are not responsible for third-party acts or omissions. Our Privacy Policy lists the principal service providers that process your information.

30. Mobile App Terms (Apple and Google)

30.1 Mobile license

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Health Nexus mobile app on devices you own or control, solely for your personal, non- commercial use and as permitted by the usage rules of the app store from which you obtained it.

30.2 Apple App Store

If you obtained the app from the Apple App Store, you and the Company acknowledge and agree that:

• these Terms are concluded between you and the Company only, and not with Apple Inc. (“Apple”); the Company, not Apple, is solely responsible for the app and its content;
• your license to use the app is limited to use on Apple-branded products 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 furnish any maintenance or support services with respect to the app;
• in the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the app; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the Company’s responsibility to the extent not disclaimed in these Terms;
• the Company, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the app’s use of the HealthKit framework;
• in the event of any third-party claim that the app or your possession and use of it infringes that third party’s intellectual property rights, the Company, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim;
• you represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties;
• questions, complaints, or claims about the app should be directed to the Company using the contact information in Section 40;
• you must comply with applicable third-party terms of agreement when using the app, such as your wireless data service agreement;
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

30.3 Google Play

If you obtained the app from Google Play, the Google Play Terms of Service also apply to your use of the app. Google is not responsible for the app or its content.

31. Insurance Disclaimer

The Services are not an insurance product and do not provide health insurance, medical insurance, life insurance, disability insurance, or any other form of insurance coverage.

Use of the Services does not create an insurance relationship between you and the Company. The Services do not interact with, process claims for, or serve as a substitute for health insurance coverage. You are solely responsible for maintaining appropriate health insurance coverage and should not rely on the Services as a replacement for insurance benefits.

No output, recommendation, or insight generated by the Services should be interpreted as an insurance benefit determination, coverage decision, or claims adjudication.

32. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT ANY AI-GENERATED OUTPUT WILL BE ACCURATE, OR THAT ANY RESULT, RECOMMENDATION, OR PROTOCOL WILL ACHIEVE ANY PARTICULAR HEALTH OUTCOME.

33. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This includes, but is not limited to, damages arising from:

• health decisions made based on outputs of the Services;
• inaccurate or incomplete AI-generated insights;
• data entry errors or data loss;
• interruptions in service;
• unauthorized access or data privacy issues.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID THE COMPANY FOR ACCESS TO THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND U.S. DOLLARS ($1,000).

Some jurisdictions do not allow certain limitations, so parts of this Section may not apply to you.

34. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, employees, contractors, and partners from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• your use or misuse of the Services;
• Your Content;
• your violation of these Terms;
• your violation of any law or third-party right;
• your reliance on outputs of the Services for medical decisions.

35. Changes to the Services and These Terms

35.1 Changes to the Services

The Company reserves the right to modify, suspend, or discontinue any portion of the Services at any time without prior notice. The Company may also update algorithms, features, or capabilities as part of ongoing product development.

35.2 Changes to these Terms

The Company may update these Terms periodically. Updated Terms will be posted within the Services with a new “Last updated” date. Material changes will be communicated by email or within the Services where required, and we may ask you to review and accept the updated Terms before you continue using the Services. Except where we ask for your acceptance, continued use of the Services after updated Terms take effect constitutes acceptance of the revised Terms.

36. Suspension and Termination

You may stop using the Services at any time and may close your account as described in Section 25.2. The Company may suspend or terminate your access to the Services at its discretion if you violate these Terms, engage in conduct that may harm the Services or other users, fail to pay amounts due, or where required by law. Section 25.3 describes notice and data export when the Company terminates an account.

Sections that by their nature should survive termination — including Sections 2–5, 9.5–9.12, 13, 16–19, 21– 26, 28, and 31–40 — survive any termination of these Terms or your account.

37. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of California, without regard to conflict-of-law principles. Subject to Section 38, any dispute that is not subject to arbitration shall be brought in the state or federal courts located in the State of California, and you and the Company consent to the personal jurisdiction of those courts.

38. Dispute Resolution and Binding Arbitration

Please read this Section carefully — it affects your legal rights.

38.1 Informal resolution

Before starting an arbitration or court proceeding, you agree to contact us at Support@health-nexus.com with a description of your dispute, and we will try in good faith to resolve it informally within thirty (30) days.

38.2 Agreement to arbitrate

Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the Company’s services shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. Judgment on the award may be entered in any court of competent jurisdiction.

38.3 Arbitration fees

The Company shall pay all arbitration filing fees, administrative fees, and arbitrator fees in excess of the amount that would be required to file a complaint in the state or federal court of competent jurisdiction in your state of residence. Each party shall bear its own attorneys’ fees and costs unless the arbitrator determines that a claim was frivolous, in which case the arbitrator may award reasonable attorneys’ fees to the prevailing party.

38.4 Small claims court exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court. If the dispute is removed or transferred from small claims court, the arbitration provisions of this Section shall apply.

38.5 Class action and collective action waiver

YOU AND THE COMPANY AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, REPRESENTATIVE ACTIONS, OR CONSOLIDATED PROCEEDINGS OF ANY KIND, AND TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY. ALL CLAIMS SHALL BE RESOLVED ON AN INDIVIDUAL BASIS.

If a court or arbitrator determines that this class action waiver is unenforceable as to a particular claim, that claim shall be severed and resolved in a court of competent jurisdiction, while all remaining claims shall proceed in individual arbitration.

38.6 Arbitration location

Arbitration shall take place in the county of your residence or, at your election, by telephone, videoconference, or written submissions.

38.7 Opt-out right

You may opt out of these arbitration provisions by sending written notice to the Company within thirty (30) calendar days of first accepting these Terms, either by email to Support@health-nexus.com or by mail to the address in Section 40. Your notice must include your name, the email address on your account, and a clear statement of your intent to opt out of arbitration. If you opt out of arbitration, you remain bound by all other provisions of these Terms.

38.8 Survival

This arbitration provision shall survive termination of your account and of these Terms.

39. General Provisions

39.1 Entire agreement

These Terms, together with our Privacy Policy, our Cookie Policy, and any consents or additional terms you accept within the Services (such as the body-scan terms), constitute the entire agreement between you and the Company regarding the Services and supersede any prior agreements or understandings, including earlier versions of these Terms.

39.2 Severability

If any provision of these Terms is held unenforceable, the remainder of these Terms stays in effect.

39.3 No waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

39.4 Assignment

You may not assign or transfer these Terms. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.

39.5 Force majeure

The Company is not liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, pandemics, acts of government, labor disputes, internet or utility failures, or failures of third-party service providers.

39.6 Export controls

You may not use or export the Services in violation of U.S. export control or sanctions laws.

39.7 Notices

We may give you notices by email to the address on your account or within the Services. You may give us notices using the contact information in Section 40.

39.8 Interpretation

Section headings are for convenience only and do not affect interpretation. The words “including” and “include” mean “including without limitation.”

39.9 Notice to California residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

40. Contact Information

For questions about these Terms, data requests, arbitration opt-out notices, or disputes about AI-generated outputs, contact us at:

Health Nexus, a dba of FollowThatPatient.com
P.O. Box 4199, Malibu, CA 90264
Support@health-nexus.com