Terms of Service
Updated May 21, 2026
MyBody Health
PLEASE CAREFULLY READ THE LINKED TERMS OF SERVICE BEFORE PROCEEDING. The MyBody Health Platform, including all relevant content, products, services, and functionality associated with the Platform and any other affiliated software, website, or application owned by MyBody Health, LLC. (“MyBody Health,” “we,” or “us”) is collectively referred to as the “Services.”
BY ACCESSING OR USING THE SERVICES, YOU CONSENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
Any information that we collect through your use of the Services is subject to the MyBody Health Privacy Policy, which is part of the Terms of Service.
By continuing to use the Services, you agree as follows:
You are at least 18 years old or have been legally emancipated; You understand and agree that these Terms of Service constitute a legally binding agreement equivalent to a signed, written contract; You will use the Services in a manner consistent with applicable laws and regulations and these Terms of Service, as they may be amended by MyBody Health from time to time; and You understand, accept, and have received these Terms of Service and the MyBody Health Privacy Policy, and acknowledge that you can access these Terms of Service and the MyBody Health Privacy Policy at any time.
If you do not agree to these Terms, you must discontinue all use of the Services. Do not access the Services and immediately delete any files related to the Services from your device(s).
ARBITRATION NOTICE: EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MYBODY HEALTH WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY CONTACTING COMPLIANCE@FORMYBODYHEALTH.COM WITHIN 30 DAYS OF ACCEPTING THESE TERMS OF SERVICE.
MyBody Health Terms of Service
MyBody Health,LLC. (“MyBody Health,” “we,” or “us”) owns and operates the website (the “Website”) located at formybodyhealth.com and mybody-health.com and other related websites and platforms and may own and/or operate a “MyBody Health Hub” mobile application (collectively, the “Platform”). Your access to and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by MyBody Health, and any affiliated website, software, or application owned or operated by MyBody Health (collectively, including the Platform and the Content, the “Services”) are governed by these Terms of Service (“Terms of Service” or “Agreement”). Although accessible by others, the Services are intended for access and use only by customers within the United States.
Please read this Agreement carefully before accessing or using the Services, as it sets forth important terms you should understand. In this Agreement, the terms “you” and “your” refer to the individual using the Services.
THE SERVICES ARE NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911. THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.
If we update the terms of this Agreement, we will post the revised Terms of Service on the Platform and update
the “Last Updated and Effective” date to reflect the changes. Any updates become effective upon posting. By continuing to access or use the Services after changes are posted, you agree to be bound by the updated terms. If you do not accept the changes, you must stop using the Services and delete all related files from your device(s).
Your Relationship with MyBody Health and the Services
MyBody Health is a technology company that provides individuals who register as users of the Services (“Users”) with access to products and services offered by MyBody Health and its third-party affiliates, including clinicians, phlebotomists, laboratories, pharmacies, and other health and wellness providers. MyBody Health also provides informational content related to wellness, diet, and lifestyle to help support your healthcare journey through the Platform.
Care Team. As part of the Services, MyBody Health may provide access to a non-clinical care team to support your experience. This care team may include customer support representatives, registered dietitian nutritionists (RDNs), health coaches, and wellness advisors. The care team offers operational support and general educational guidance only and does not provide medical advice, diagnosis, or treatment, nor does it establish a provider-patient relationship.
Acceptance of Terms of Service
Your access to and use of the Services is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with, or using the Services or any content, products, and services provided through the Services, except as necessary to review this Agreement. The Services are continually under development, and we reserve the right to revise or remove any part of the Services at our sole discretion, at any time and without prior notice. Unless otherwise indicated, any new content, products, or services added to the Services will also be subject to this Agreement upon posting to the Platform. If you disagree with this Agreement or any of its terms, your sole remedy is to discontinue use of the Services.
IMPORTANT INFORMATION REGARDING HEALTHCARE SERVICES. PLEASE READ.
MYBODY HEALTH IS NOT A HEALTHCARE PROVIDER. MYBODY HEALTH IS A TECHNOLOGY COMPANY THAT FACILITATES ACCESS TO PROFESSIONAL SERVICES DELIVERED BY THIRD-PARTY PROVIDERS, PHARMACIES, IMAGING CENTERS, AND LABORATORIES (“PROVIDERS”) AT THE REQUEST OF ITS CUSTOMERS. MYBODY HEALTH DOES NOT PROVIDE MEDICAL ADVICE, CLINICAL CONSULTATIONS, DIAGNOSIS, OR TREATMENT. MYBODY HEALTH HAS NO OWNERSHIP INTEREST IN PROVIDERS, DOES NOT CONTROL THEIR CLINICAL DECISION-MAKING, AND IS NOT RESPONSIBLE FOR THE QUALITY OF CARE PROVIDED BY PROVIDERS.
YOU AGREE TO SEEK ADVICE FROM A QUALIFIED HEALTHCARE PROFESSIONAL PRIOR TO USING THE PLATFORM OR ACCESSING SERVICES. YOU SHOULD NOT INTERPRET ANY INFORMATION PROVIDED THROUGH THE PLATFORM OR BY PROVIDERS AS A SUBSTITUTE FOR PRIMARY CARE OR OTHER MEDICAL SPECIALISTS. AFFILIATED PROVIDERS DO NOT OFFER PRIMARY CARE SERVICES, AND HEALTHCARE SERVICES AVAILABLE THROUGH THE PLATFORM ARE LIMITED IN SCOPE. YOU SHOULD NOT DELAY SEEKING TREATMENT OR DISREGARD MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL BASED ON INFORMATION PROVIDED BY MYBODY HEALTH. MYBODY HEALTH DISCLAIMS ANY LIABILITY FOR HEALTHCARE SERVICES PROVIDED BY ANY PROVIDER.
By accepting this Agreement, you acknowledge and agree that MyBody Health does not provide clinical or medical services, nor laboratory, imaging, or pharmacy services. Its role is limited to supporting and facilitating your access to Providers through the Services.
YOU AGREE AND ACKNOWLEDGE THAT MYBODY HEALTH DOES NOT PROVIDE DIAGNOSIS OR TREATMENT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE INFORMATION, PROCESSES, PRODUCTS, AND OTHER MATERIALS REFERENCED AS PART OF THE SERVICES ARE NOT INTENDED AS A RECOMMENDATION OR ENDORSEMENT OF ANY COURSE OF ACTION, INFORMATION, OR PRODUCT. WE EXPRESSLY DISCLAIM THE CREATION OF ANY PROVIDER-PATIENT RELATIONSHIP WITH YOU.
THE PLATFORM IS NOT A MEDICAL DEVICE. THE SERVICES ARE NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE THE RELATIONSHIP BETWEEN HEALTHCARE PROVIDERS AND PATIENTS OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND MUST NOT BE USED IN SUCH CIRCUMSTANCES.
If at any time you have concerns about your care or treatment, or if you believe, suspect, or are advised that you may have a serious or life-threatening condition, call 9-1-1 where available or go to the nearest emergency room immediately.
Any clinical advice provided by a Provider using information from the Services is based on the Healthcare Information (as defined in the MyBody Health Privacy Policy) that you provide. If you do not provide complete and accurate Healthcare Information, any clinical advice you receive from Providers may be inaccurate or inappropriate.
The Services and any data derived from the Services are not intended to replace the independent clinical judgment of a qualified healthcare professional.
General information available through the Services regarding medical conditions, symptoms, medications, treatment options, and other educational materials is provided for general informational purposes only. Never disregard, avoid, or delay seeking medical advice from a qualified healthcare professional because of something contained in the Services.
Services Ownership and Use
You must register on the Platform to create an account (“User Account”) and access any Services other than the Website. MyBody Health and its suppliers own all rights, title, and interest in the Services, including all content and functionality you access through the Services (including, but not limited to, any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). The MyBody Health Services, including all Content, are protected by copyright laws worldwide. Subject to your compliance with these Terms of Service, MyBody Health grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services. All rights in the Services are reserved by MyBody Health.
THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY, AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE SERVICES. You may not use the Services for any purpose other than what is permitted under this Agreement without the express written permission of MyBody Health.
You may not remove, alter, obscure, or use the MyBody Health name, trademarks, service marks, or logos—or those of third parties included in or associated with the Services—in any advertising or publicity, or otherwise indicate sponsorship or affiliation, without prior written permission from MyBody Health or the applicable third party. The MyBody Health name, logos, service marks, and trade names used in connection with the Services are the trademarks of MyBody Health and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks, and trade names appearing in the Services are the property of their respective owners.
NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ANY DATA CHARGES INCURRED FROM YOUR WIRELESS CARRIER, INTERNET SERVICE PROVIDER, OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES.
By visiting, accessing, registering with, or using the Services, you represent and warrant as follows:
You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law;
The information you provide to us (e.g., demographic information, health and lifestyle details, and location information, collectively “Customer Information”) is true, accurate, current, and complete;
You will update your Customer Information as necessary to maintain its accuracy;
You are authorized to create a User Account (either for yourself or on behalf of another individual);
You acknowledge and agree to the terms of the MyBody Health Privacy Policy;
You are legally authorized to provide and share Personal Information (as defined in the MyBody
Health Privacy Policy); and You are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties.
Limited Use and Availability
Certain portions of the Services are available only to individuals located in specific states where MyBody Health operates.
Available Services, tests, and included biomarkers may vary by state. For example, in New York and New Jersey, certain tests may include additional fees and access to testing for 100+ biomarkers, though specific biomarkers may vary due to state regulations. Certain products offered through the Services may be subject to age restrictions, and not all products or services available on the Platform are accessible to all users.
Personal Information
You own your Personal Information and any other information you submit on or through the Services. If you provide another individual’s information through the Services, you represent and warrant that you have the authority and permission to do so. As a condition of using the Services, you grant to MyBody Health a fully paid, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable, and fully sublicensable license to use your Personal Information for the purpose of providing the Services, subject to applicable law and the limitations set forth in the MyBody Health Privacy Policy. You further agree to allow MyBody Health to de-identify and anonymize your Personal Information, including, without limitation, your Healthcare Information, in accordance with applicable law and the Privacy Policy, and to use or disclose such de-identified information for any lawful purpose.
License to Information Submitted via the Services
Subject to any limitations described in the Privacy Policy, any information you transmit to MyBody Health through the Services—whether by direct entry, submission, email, or otherwise—including data, questions, comments, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted by applicable law, be treated as non-confidential and non-proprietary. Subject to any applicable account settings you select, you grant MyBody Health a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, and fully sublicensable right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and publicly display such Submissions (in whole or in part) for the purposes of operating and providing the Services to you and other users.
You represent and warrant that the holder of any intellectual property rights, including moral rights, in any Submissions has fully and effectively waived such rights and has validly and irrevocably granted you the authority to grant the license described above. You agree that you, and not MyBody Health, are solely responsible for all Submissions you provide through the Services. In addition, MyBody Health reserves the right, in its sole discretion, to edit, reproduce, or otherwise modify any Submission for any purpose it deems necessary or appropriate. You further agree that you have no right of approval and no claim to compensation in connection with any use of your Submissions.
AI Chat
MyBody Health uses generative artificial intelligence to provide automated chat support for user questions (“AI Chat”) as part of its Services. You may submit information to AI Chat, including questions, messages, and any details you provide during chat interactions (“Submissions”). AI Chat generates replies (“Responses”) intended to help you access general resources and information related to your inquiries. These Responses are generated using AI models trained on publicly available data and MyBody Health’s proprietary datasets and constitute Content owned by MyBody Health.
AI Chat utilizes third-party generative AI tools and algorithms (“AI Tools”) to collect, analyze, and respond to your inquiries. By using AI Chat, you consent to MyBody Health sharing your Submissions, which may include Personal Information, with these AI Tools for the purpose of processing and responding to your requests, as described in these Terms. Your Submissions may also be used to improve and train AI systems, analyze usage patterns, enhance Services, and for other purposes described in the MyBody Health Privacy Policy. You may opt out of having your Personal Information used for AI training by following the procedures outlined in the Privacy Policy. Your chat history and interactions will be stored and processed in accordance with applicable data retention policies, and you consent to the monitoring, recording, and processing of your AI Chat interactions, subject to the MyBody Health Privacy Policy.
You acknowledge that AI Chat is an AI-based tool that generates content using artificial intelligence, and such content may be inaccurate, incomplete, misleading, or harmful. Responses may rely on outdated medical information, may not account for your specific medical conditions, medications, or circumstances, and could suggest inappropriate or unsafe actions. AI Chat is not a substitute for independent clinical judgment or professional medical advice.
ALWAYS CONSULT YOUR PHYSICIAN BEFORE MAKING ANY HEALTH OR LIFESTYLE DECISIONS BASED ON AI CHAT RESPONSES.
All Responses are provided “AS IS” and “WITH ALL FAULTS.” MyBody Health makes no representations or warranties of any kind regarding the accuracy, completeness, reliability, timeliness, or suitability of any Responses and assumes no responsibility for them. AI Chat is intended solely as an educational tool to supplement, not replace, the judgment of your physician or other qualified healthcare provider.
You represent that you will not use AI Chat for the purpose of seeking medical attention or making medical decisions. You acknowledge that using AI Chat in emergency situations, mental health crises, or for serious medical conditions could result in significant harm or death. You agree to seek immediate professional medical care when necessary and not to delay or substitute such care based on AI Chat Responses. You further agree not to use AI Chat in any manner that constitutes a “Prohibited Use” under these Terms, including but not limited to using it as a primary source for medical diagnosis, treatment decisions, or medication guidance.
MyBody Health may provide access to its Platform through a mobile application. If you download our app (“MyBody Health Hub App”) from the Apple App Store or Google Play (each, an “App Provider”), by agreeing to these Terms of Service, you acknowledge and agree to the following:
The Terms of Service are between you and MyBody Health only, and not between you and the App Provider. MyBody Health Hub (and not the App Provider) is solely responsible for the MyBody Health Hub App; The App Provider has no obligation to provide maintenance or support services for the MyBody Health Hub App; In the event the MyBody Health Hub App fails to conform to any applicable warranty: (i) you may notify the App Provider, and the App Provider may refund the purchase price (if any) paid for the MyBody Health Hub App; (ii) to the maximum extent permitted by applicable law, the App Provider will have no further warranty obligations; and (iii) any other claims, losses, liabilities, damages, costs, or expenses arising from such failure will be the responsibility of MyBody Health Hub;
The App Provider is not responsible for addressing any claims you or any third party may have relating to the MyBody Health Hub App or your possession and use of it, including but not limited to: (i) product liability claims; (ii) claims that the MyBody Health Hub App fails to comply with legal or regulatory requirements; and (iii) claims arising under consumer protection or similar laws;
In the event of any third-party claim that the MyBody Health Hub App or your use of it infringes that third party’s intellectual property rights, the App Provider is not responsible for the investigation, defense, settlement, or resolution of such claims; and The App Provider and its subsidiaries are third-party beneficiaries of this Agreement as it relates to your license of the Platform. This means that upon your acceptance of these Terms, the App Provider has the right to enforce these Terms of Service against you as they relate to your use of the MyBody Health Hub App.
Apple Users Only: If you downloaded the MyBody Health Hub App from the App Store, the license granted to you under these Terms of Service is non-transferable and is limited to use on Apple-branded products that you own or control.
Payment and Billing
By providing a credit card or other accepted payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize MyBody Health or its third-party payment processor to charge your payment method for the total amount of your purchase, including applicable taxes and other charges (each, a “Transaction”). Only valid payment methods accepted by MyBody Health may be used to complete a purchase through the Services. HSA/FSA payment methods may be used only for eligible non-prescription purchases offered through the Services (if applicable). HSA/FSA payment methods cannot be used to purchase prescription medications through the MyBody Health platform. If a payment method cannot be verified, is invalid, or is otherwise not acceptable, your Transaction may be suspended or canceled. You are responsible for resolving any payment issues before your Transaction can proceed. If you need to update or change your payment method information, you may do so by contacting MyBody Health support or through the Platform where available.
You acknowledge that the total amount billed may vary due to promotional offers, selections you make, or changes in applicable taxes or other charges, and you authorize MyBody Health (or its third-party payment processor) to charge your payment method for the adjusted amount.
Terms of Sale
All products offered for sale by MyBody Health are subject to availability, and we reserve the right to impose quantity limits on any order or to reject all or part of an order at any time without prior notice. In the event of a pricing or listing error, we reserve the right to correct the error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. Product prices are subject to change at any time; however, changes will not affect orders already placed. You are responsible for any applicable sales, use, duty, customs, or other governmental taxes, levies, or fees (“Taxes”) associated with your purchase. We will collect applicable Taxes where required by law and will present an estimate at checkout, unless otherwise stated that prices include Taxes. Actual Taxes charged may differ from the estimate due to factors such as tax rate changes or processing variations. We are not required to collect Taxes in all jurisdictions, and you may be responsible for reporting and paying any applicable Taxes where they are not collected by us.
If items in your order are unavailable, you will only be charged for the products that are shipped, along with any applicable Taxes and charges. You agree to pay any shipping and handling fees displayed at the time of purchase. We reserve the right to modify shipping and handling charges at any time, but you will be notified of any applicable changes before completing your purchase. Estimated delivery dates are not guaranteed unless expressly stated otherwise. Risk of loss or damage transfers to you upon delivery of the product to the designated carrier, unless otherwise required by law or stated in writing through the Services.
In connection with any purchase, you may be required to provide information relevant to the transaction, including payment details, billing and shipping addresses, phone number, and email address. By submitting such information, you grant MyBody Health a worldwide, royalty-free, irrevocable right to share this information with third parties (such as payment processors and fulfillment partners) solely for the purpose of completing and facilitating the transaction.
All payment transactions conducted through the Services are processed by third-party payment processors. These processors operate independently and are not controlled by MyBody Health; accordingly, no fiduciary, partnership, employment, agency, or similar relationship is created between MyBody Health and such processors.
How we protect your privacy
MyBody Health values your privacy and is committed to maintaining the confidentiality of your Personal Information. Please see the MyBody Health Privacy Policy for an explanation of our privacy practices, the information we collect, how we use that information, and your rights regarding your Personal Information. By accessing or using the Services, or by downloading, viewing, or uploading any content through the Services, you acknowledge and agree to the provisions of the Privacy Policy, which is incorporated into and forms part of these Terms.
By using the Services and accepting these Terms, you further acknowledge that MyBody Health may share your Personal Information with third parties, including Providers, in accordance with the Privacy Policy. Where required by law, we will obtain your consent before sharing you Personal Information with third parties.
Unless expressly stated in the MyBody Health Privacy Policy, we do not control how third parties with whom you choose to share information collected, generated, or stored through the Services may further use or disclose such information. You expressly acknowledge and agree that MyBody Health is not responsible or liable for the handling of your Personal Information by any such third party, including any collection, use, disclosure, storage, loss, theft, or misuse of your Personal Information, whether or not such handling complies with applicable law.
Registration; User Accounts, Passwords, and Security
The Services require users to create a username and password to access and use certain features. Your username and password are collectively referred to as your “User Credentials.” You are solely responsible for (i) maintaining the strict confidentiality of your User Credentials, (ii) ensuring that no other person uses your User Credentials to access the Services, and (iii) all activity, damages, or losses that occur under your User Credentials, whether or not you authorized or were aware of such activity. You agree to immediately notify MyBody Health in writing (including by email) of any unauthorized use of your User Credentials or any other breach of security relating to your User Account.
WE ARE NOT LIABLE FOR ANY LOSS YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, WITH OR WITHOUT YOUR KNOWLEDGE. WE ARE NOT RESPONSIBLE FOR ANY HARM ARISING FROM THE THEFT, DISCLOSURE, OR
UNAUTHORIZED USE OF YOUR USER CREDENTIALS OR ANY RESULTING ACCESS TO YOUR PERSONAL INFORMATION.
You may be held responsible for any losses incurred by MyBody Health and/or its affiliates, officers, directors, or representatives due to unauthorized use of your User Account or User Credentials, regardless of whether you were aware of such use.
Duty to Provide Information, Access, and Connectivity
You are responsible for providing and maintaining, at your own risk, option, and expense, the software, hardware, and connectivity necessary to access and use the Services (including any technical, quality, or other requirements described within the Services). This includes, but is not limited to, a compatible computer or mobile device with a camera and internet access. You are solely responsible for any fees incurred in connection with your internet or mobile data usage when accessing the Services. MyBody Health reserves the right to update or modify access requirements, including software or hardware specifications, at any time without prior notice. You are responsible for maintaining the security of your own systems and for all transmission and receipt of data through those systems. MyBody Health is not responsible for errors, interruptions, or issues arising from internet failures or your systems.
Prohibited Use
Any use or attempted use of the Services that is unlawful, unauthorized, fraudulent, or malicious is strictly prohibited. You agree not to use the Services in any manner that: (i) could damage, disable, overburden, or impair any servers or networks connected to the Services; (ii) interferes with another party’s use of the Services; (iii) attempts to gain unauthorized access to accounts, systems, or networks through hacking, password mining, or any other means; (iv) accesses data or information not intended for you; (v) obtains materials or information through means not intentionally made available through the Services; (vi) reverse engineers, disassembles, or
decompiles any part of the Services; or (vii) uses the Services for any purpose other than their intended business or personal use.
In addition, you agree that you will not: (a) upload or transmit content that is unlawful, harmful, abusive, harassing, defamatory, obscene, discriminatory, or otherwise objectionable, or that violates another person’s rights of privacy or publicity; (b) create false identities, duplicate accounts, or impersonate any person or entity, including any MyBody Health representative, or misrepresent your affiliation with any person or entity; (c) upload or transmit content you do not have the legal right to share; (d) upload or distribute malicious software, including viruses, worms, spyware, or corrupted files; (e) remove or alter proprietary notices or attributions; (f)
disrupt communication features or degrade system performance (including spamming, flooding, or excessive posting); (g) send unsolicited promotions, spam, chain letters, or other unauthorized solicitations; (h) violate any applicable law or regulation; (i) infringe any intellectual property or proprietary rights; (j) modify or delete content posted by others; (k) frame, mirror, or otherwise alter the appearance of the Services; (l) probe, scan, or test system vulnerabilities; (m) register others for services without authorization; (n) collect user information without consent; (o) use automated tools (including bots, scrapers, or crawlers) to access or copy
content; (p) interfere with or disrupt the Services or other users’ experience; or (q) assist or encourage any third party in engaging in any of the foregoing.
MyBody Health reserves the right to take any lawful action it deems appropriate in response to actual or suspected violations of these terms, including suspension or termination of your access or account without refund. MyBody Health may also cooperate with law enforcement or third parties in investigating suspected unlawful activity or violations of these Terms.
Right to Monitor
MyBody Health reserves the right to monitor general use of the Services at any time, as it deems appropriate, and to remove any materials that, in MyBody Health’s sole discretion, may be illegal, may subject MyBody Health to liability, may violate this Agreement, or are otherwise inconsistent with the intended purpose of the Services.
Third-Party Services, Goods, and Websites
To the extent that any features, aspects, products, or services offered through the Services are provided, in whole or in part, by third parties (“Third-Party Services” provided by “Third-Party Service Providers”), you may be subject to additional terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY SUCH ADDITIONAL TERMS, YOU SHOULD NOT USE THE RELEVANT THIRD-PARTY SERVICES. Your use of any Third-Party Goods or Services, and any interactions with Third-Party Service Providers—including payment, delivery, warranties, and any related terms—are solely between you and the applicable Third-Party Service Provider. In the event of any inconsistency between this Agreement and any third-party terms related to Third-Party Services, the third-party terms will govern solely with respect to those Third-Party Services.
In using the Services, you may be directed to third-party websites that are not owned or controlled by MyBody Health (collectively, “Third-Party Sites”). If you choose to access Third-Party Sites, you acknowledge that you are leaving the MyBody Health Services and entering an environment controlled by an external third party.
You acknowledge and agree that Third-Party Sites and Third-Party Service Providers may have their own privacy policies, terms of service, user guidelines, and business practices (collectively, “Third-Party Rules”), and your use of such sites or services is governed exclusively by those Third-Party Rules. MyBody Health provides access to Third-Party Sites and Services for convenience only and does not endorse, verify, or assume responsibility for their content, accuracy, availability, or practices.
In the event of any dispute between you and any Third-Party Site or Third-Party Service Provider, or between you and any other user or third party, you agree that MyBody Health hasno obligation to become involved. You hereby release and indemnify MyBody Health, its affiliates, and their respective officers, directors, employees, contractors, agents, and representatives (collectively, the “MyBody Health Parties”) from any and all claims, demands, liabilities, or damages of any kind arising out of or related to such disputes or your use of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release and that, if known, would have materially affected their settlement with the debtor or released party.”
Certain employees, contractors, officers, directors, or affiliates of MyBody Health (collectively, “MyBody Health Personnel”) may have a financial interest in Third-Party Service Providers or Third-Party Sites and may benefit from your use of such services or products.
YOU AGREE THAT MYBODY HEALTH IS NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY THIRD-PARTY GOODS, SERVICES, CONTENT, BUSINESS PRACTICES, OR OTHER MATERIALS (“THIRD-PARTY MATTERS”) MADE AVAILABLE THROUGH THIRD-PARTY SITES OR SERVICE PROVIDERS, NOR FOR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY MATTERS.
Any reference within the Services to a third-party product, service, organization, or individual does not constitute or imply endorsement or recommendation by MyBody Health.
Termination
If you breach any term of this Agreement, MyBody Health may suspend or disable your account or terminate your access to the Services without prior notice. MyBody Health may also terminate or restrict your access to the Services at any time, with or without cause, and without prior notice, unless otherwise prohibited by law. There may also be circumstances where termination is necessary for reasons unrelated to your conduct.
If you wish to terminate your account, you may contact MyBody Health at the designated support email (as listed on the Platform), immediately discontinue use of the Services, and delete all related files from your devices.
The provisions of this Agreement relating to Services security, prohibited use, intellectual property, user submissions, disclaimers, limitation of liability, dispute resolution, indemnification, and jurisdiction shall survive any termination of this Agreement or your use of the Services.
Youagree that if your access is terminated, you will not attempt to access or use the Services under any name, real or assumed, and that any violation of this restriction will require you to indemnify and hold harmless the MyBody Health Parties from any resulting liability.
Except as otherwise provided in the Privacy Policy or required by applicable law, MyBody Health has no obligation, before or after termination of your use of the Services, to return or provide to you or any third party any Content, user-submitted information, Provider-related information, or any other data associated with your account.
Disclaimers
THE SERVICES AND ANY INFORMATION PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR ACCESS TO AND USE OF THE SERVICES IS VOLUNTARY AND ENTIRELY AT YOUR OWN RISK. MYBODY HEALTH DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
MYBODY HEALTH DOES NOT GUARANTEE THAT THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, OR ERROR-FREE. MYBODY HEALTH DOES NOT WARRANT THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION, DELAYS, DEFECTS, CORRUPTION, CYBER ATTACKS, VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MYBODY HEALTH OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS AND COMMUNICATIONS WITH THE SERVICES AND WITH ANY THIRD PARTIES, INCLUDING ANY PROVIDERS OR AFFILIATED PROFESSIONALS YOU MAY ACCESS THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT MYBODY HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALIFICATIONS, LICENSING, OR CONDUCT OF ANY PROVIDERS
MyBody Health Liability & Risk Acknowledgment
MyBody Health cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data, loss of data, personalization settings, or service interruptions. MyBody Health is not responsible for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications, or personalization settings. You are solely responsible for maintaining backups of any information you submit to the Services.
You agree that your use of the Services is at your sole risk. You will not hold MyBody Health or its Providers responsible for any loss or damage resulting from your access to or use of the Services, including any damage to your computer systems, mobile devices, or data.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services remains with you. Neither MyBody Health nor any person or entity involved in creating, producing, or delivering the Services shall be liable for any incidental, special, exemplary, or consequential damages, including but not limited to lost profits, loss of data, loss of goodwill, service interruption, device or system failure, or the cost of substitute services or applications, or for any personal injury, bodily injury, or emotional distress arising out of or in connection with your use of (or inability to use) the Services, any communications or interactions with other users or third parties, or reliance on information provided through the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, even if MyBody Health has been advised of the possibility of such damages.
If you are dissatisfied with the Services or these Terms, your sole remedy is to discontinue use of the Services. If a court of competent jurisdiction finds any limitation of liability unenforceable, MyBody Health’s total liability for all claims arising out of or relating to the Services shall not exceed the greater of $100 or the total amount you paid to MyBody Health for the Services in the six (6) months preceding the event giving rise to the claim.
MyBody Health is not liable for any harm caused by the negligence, misconduct, or actions of any Provider or third party, whether or not such harm arises from information collected, generated, or stored through the Services. If you are dissatisfied with services provided by a Provider, you may contact MyBody Health at the designated support email listed on the Platform.
You acknowledge that if you use the Services during or in connection with an emergency, serious, or life-threatening condition, you do so at your own risk. MyBody Health is not responsible for any decisions or actions taken in reliance on information provided through the
Services. Any claim arising out of or related to your use of the Services must be brought within two (2)
years of the date the event giving rise to the claim occurred.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MYBODY HEALTH AND ITS REPRESENTATIVES FROM ANY THIRD-PARTY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING OUT OF OR IN ANY WAY RELATED TO: (a) YOUR ACCESS TO OR USE OF THE SERVICES; (b) YOUR VIOLATION OF THESE TERMS OF SERVICE; (c) YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, INCLUDING INTELLECTUAL PROPERTY RIGHTS; (d) ANY CONTENT YOU POST, UPLOAD, USE, DISTRIBUTE, STORE, OR OTHERWISE TRANSMIT THROUGH THE SERVICES; OR (e) ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES THROUGH YOUR ACCOUNT, REGARDLESS OF WHETHER YOU AUTHORIZED OR WERE AWARE OF SUCH USE.
YOU AGREE TO INDEMNIFY MYBODY HEALTH AGAINST ANY CLAIMS ASSERTING THAT YOUR USE OF THE SERVICES INFRINGES OR MISAPPROPRIATES ANY THIRD PARTY’S RIGHTS. MYBODY HEALTH WILL PROVIDE YOU WITH NOTICE OF ANY SUCH CLAIM, SUIT, OR ACTION AND MAY PARTICIPATE IN ITS DEFENSE. YOU AGREE NOT TO SETTLE ANY SUCH MATTER WITHOUT MYBODY HEALTH’S PRIOR WRITTEN CONSENT, AND YOU AGREE THAT MYBODY HEALTH MAY PARTICIPATE IN THE DEFENSE AT YOUR EXPENSE.
PROVIDING FEEDBACK TO US
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by contacting us at the support email listed on the Platform. You acknowledge and agree that any Feedback you submit is provided voluntarily and that you grant MyBody Health a worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, create derivative works from, and otherwise exploit such Feedback for any purpose without restriction or compensation to you.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides a process for copyright owners who believe material available through the Services infringes their rights under U.S. copyright law. If you believe in good faith that your copyrighted work has been infringed, you may submit a notice requesting removal or disabling of access to the allegedly infringing material. If you believe a notice was improperly filed against you, you may submit a counter-notice. All notices and counter-notices must comply with the requirements of the DMCA. More information is available at the U.S. Copyright Office website: http://www.loc.gov/copyright. Written notices of claimed infringement should comply with 17 U.S.C. § 512(c)(3)(A) and be submitted to the designated contact email listed on the Platform.
NOTICES
MyBody Health may provide notices to you regarding the Services or this Agreement via email, postings on the Platform, or other reasonable means, at its sole discretion.
ENTIRE AGREEMENT
This Agreement, together with any additional terms posted by MyBody Health through the Services, constitutes the entire agreement between you and MyBody Health regarding your use of the Services and supersedes all prior or contemporaneous agreements or understandings relating to the Services.
BINDING ARBITRATION / CLASS ACTION WAIVER
YOU EXPRESSLY AGREE THAT ANY CLAIM, DISPUTE, OR CONTROVERSY BETWEEN YOU AND MYBODY HEALTH ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THE PLATFORM, CONTENT, OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SERVICES (INCLUDING THE VALIDITY OR ENFORCEABILITY OF THIS ARBITRATION PROVISION) SHALL BE RESOLVED THROUGH CONFIDENTIAL, BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN COURT, EXCEPT AS OTHERWISE PROVIDED HEREIN. THE ARBITRATION SHALL BE GOVERNED BY THE AAA COMMERCIAL ARBITRATION RULES AND, WHERE APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES.
YOU ACKNOWLEDGE THAT YOU ARE KNOWINGLY AND VOLUNTARILY WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW.
Arbitration is More Informal Than Court Proceedings
Arbitration is more informal than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, and judicial review of an arbitration award is very limited. However, an arbitrator may award the same damages and relief on an individual basis as a court could award to an individual claimant.
Payment of arbitration costs will be governed by the AAA fee schedule, unless you can demonstrate that your portion of the costs would be prohibitive compared to litigation costs, in which case MyBody Health will pay as much of your arbitration costs as the arbitrator determines is necessary to prevent the arbitration from being cost-prohibitive compared to litigation. MyBody Health also reserves the right, in its sole discretion, to assume responsibility for all arbitration costs imposed by the AAA. Each party is responsible for its own attorneys’ fees and expenses unless a governing statute requires otherwise or the arbitrator awards fees to the prevailing party.
The arbitration will be conducted in Dallas, Texas, except that if Dallas is more than 100 miles from your residence, the arbitration may be conducted virtually. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, to the extent a dispute arises from (a) a violation of either party’s intellectual property rights; (b) claims involving theft, piracy, unauthorized use, or violations of the Computer Fraud and Abuse Act; or (c) requests for equitable relief, either party may seek injunctive or similar emergency relief in a state or federal court located in Dallas, Texas, and both parties consent to the jurisdiction of such courts for these purposes. Either party may also bring an individual claim in small claims court if the claim qualifies, in lieu of arbitration, provided it remains on an individual, non-class basis.
ALL DISPUTES SUBJECT TO ARBITRATION MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. CLASS ACTIONS, CLASS ARBITRATIONS, PRIVATE ATTORNEY GENERAL ACTIONS, OR REPRESENTATIVE PROCEEDINGS OF ANY KIND ARE NOT PERMITTED. CLAIMS MAY NOT BE CONSOLIDATED OR JOINED WITH THOSE OF ANY OTHER PARTY. THE ARBITRATOR MAY ONLY AWARD RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT INDIVIDUAL CLAIM.
If a court determines that any limitation in this section is unenforceable with respect to a particular claim or remedy, that claim or remedy shall be severed and may proceed in court, while all remaining claims shall be resolved through arbitration. You may opt out of the arbitration provisions within 30 days of first accepting this Agreement by sending your name, address, and email, along with a clear statement of your intent to opt out, to the designated contact email listed on the Platform.
Before initiating arbitration, you must send a written Notice of Dispute including your name, address, email, and a detailed description of the dispute and requested relief. MyBody Health will likewise provide notice before initiating arbitration against you. If the dispute is not resolved within 30 days after notice is received, either party may commence arbitration.
Governing Law; Venue; Severability
The Services are controlled and operated by MyBody Health from within the United States. Access from other jurisdictions is at your own risk, and you are responsible for compliance with local laws. Where access to the Services is unlawful, it is prohibited.
This Agreement is governed by the Federal Arbitration Act and the laws of the State of Texas, without regard to conflict of law principles.
If any provision of this Agreement is found unenforceable, it will be modified to reflect the parties’ intent as closely as possible, and the remaining provisions will remain in full force and effect. Section headings are for convenience only and have no legal effect.
Assignment
You may not assign or transfer your rights or obligations under this Agreement without prior written consent from MyBody Health. Any unauthorized assignment is void. MyBody Health may assign or transfer this Agreement at its discretion without restriction. This Agreement is binding upon and benefits the parties and their permitted successors and assigns.
Contacting Us
If you have questions about this Agreement, you may contact MyBody Health using the support contact information provided on the Platform. We will make reasonable efforts to respond in a timely manner.