Terms of Service
EFFECTIVE DATE: December 19, 2022
169 Madison Ave #2064
New York, NY 10016
Allora Health Inc. d/b/a Evvy (“Evvy”) provides a platform and services to empower women and people with vaginas with information and resources for personal wellness and care. Our services include access to the Evvy website and personal testing services, including the collection and analysis of biological samples.
Using the sample collection kits (“Kits”), our customers collect biological samples (a “Sample” or “Samples”) and submit them to Evvy and its partners for testing and analysis. These Samples are subjected to a testing process that generates sample data ("Sample Data"). Sample Data together with customer-provided information are analyzed using Evvy’s proprietary technology to generate your unique test results (“Test Results”) that Evvy will use to send you personalized recommendations to optimize your health via the Evvy website located at www.evvy.com, the web application at my.evvy.com, email, and other methods.
EVVY CONTRACTS WITH AN INDEPENDENT CLINICAL LABORATORY TO PERFORM TESTING SERVICES AND AN INDEPENDENT HEALTH CARE PROVIDER GROUP TO PROVIDE CLINICAL SERVICES. EVVY IS NOT A HEALTH CARE PROVIDER AND DOES NOT PROVIDE MEDICAL ADVICE OR CLAIM TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR ILLNESS.
THE SERVICE IS GENERAL IN NATURE AND IS NOT INTENDED FOR ANY PARTICULAR PURPOSE, INCLUDING, IN ANY WAY, TO BE A SUBSTITUTE FOR A MEDICAL EXAMINATION OR ANY PROFESSIONAL MEDICAL ADVICE, MEDICAL OPINION, DIAGNOSIS OR TREATMENT, SYMPTOM ASSESSMENT, OR HEALTH COUNSELING FOR ITS USERS. ALWAYS SEEK THE ADVICE OF APPROPRIATELY QUALIFIED AND REGULATED HEALTHCARE PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE WITH REGARD TO A SPECIFIC MEDICAL CONDITION FOR TREATMENT OF WHICH YOU ARE CONCERNED. IT IS IMPORTANT NOT TO DISREGARD OR DELAY SEEKING CONSULTATIVE MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ OR VIEWED WHILE USING THE SERVICE. RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICE AND ITS INFORMATION.
ANY INFORMATION CONTAINED HEREIN, OR ON EVVY SERVICES IS NOT INTENDED TO REPLACE A RELATIONSHIP WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN BEFORE STARTING, STOPPING OR MODIFYING ANY PHYSICIAN-PRESCRIBED TREATMENT OR MEDICATION.
Customers will be required to create an account on Evvy web application (“Evvy Account” or “Account”) and will be asked to complete an initial questionnaire in full in order to start the Sample testing process by Evvy and view the results and recommendations sent by Evvy.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS, CONDITIONS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, DO NOT USE THE SERVICE.
IMPORTANT: Sections 35 and 36 of these Terms contain a mandatory arbitration provision and other dispute resolution agreements that require the use of arbitration on an individual basis and limits the remedies available to you and Evvy in the event of certain disputes. That means that you and Evvy are each giving up rights to sue each other in court or in class actions of any kind.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms, please note that the warranty disclaimers and limitations on Florence’s liability are explained in Sections 32 and 33.
1. Acceptance of Terms of Service
These Terms of Service (“Terms”) govern your (“you” “customer” or “user”) access to and use of our products, programs, microbiome testing service, website, data analysis, Kits, collection and analysis of biological Samples (collectively, the “Service”) provided by Allora Health, Inc. d/b/a Evvy (“Evvy,” “we”, or “us”).
These Terms do not alter in any way the terms or conditions of any prior written agreements you may have with Evvy separately, if any, on other matters.
By using the Service, accessing any content made available through the Service, or clicking to accept or agree to these Terms, where this option is made available to you for any Service, you agree to be bound by these Terms.
If you do not agree to these Terms, please immediately discontinue use of the Service. Your access to and use of the Service, and any Accounts you establish in connection with the Service, are conditioned on your compliance with these Terms. If Evvy, in its sole discretion, determines that you have failed to comply with any of these Terms, it shall have the right to terminate your access to and use of the Service or any component of it and any associated Account(s) therewith immediately and without further notice.
2. Order of Precedence
Please note that some features of Evvy Services may be provided under additional or separate legal agreements or consents between Evvy and you. If that is the case, when you first participate in or use such features, you will be provided an opportunity to review and agree to the terms that govern such Service features. If there is a conflict between these Terms and legal terms applicable to a particular Service feature the terms in such agreements will take precedence over these Terms with respect only to those specific Service features.
3. Revisions and Updates
Evvy reserves the right to change, revise, update, or modify these Terms or any notices, policies, or guidelines incorporated herein at any time and in its sole discretion. Any changes or modifications will be effective as of the date stated at the top of these Terms immediately upon posting of the revisions on the Service. Your continued use of the Service following the posting of such changed or modified Terms will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and any applicable policies to understand the most current terms and conditions that apply to your use of the Service.
5. Ownership of Service and Materials
The Service and all designs, text, graphics, pictures, images, content, videos, packaging, formulas, ingredients, technology, know-how, information, data, recommendations, results, and software (including Software as defined below) contained in or comprising of the Service, except for the User Content as defined below (collectively, the “Materials”), are the exclusive property of Evvy or Evvy’s licensors and are protected by U.S. and international copyright, trademark, trade secrets, patent, and other intellectual property laws.
6. Software and Mobile Applications
Your rights in use of any software including any mobile applications (“Software”) that is not accompanied by a separate license agreement are governed by and subjected to the license granted in these Terms. Your license to such Software is limited to use of the object code of such Software on a single computer or device. You may not copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless otherwise specifically agreed to in writing between you and Evvy. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Evvy for use in accessing the Service. Any rights not expressly granted herein are reserved.
7. Limited License to Use
Subject to your compliance with these Terms, Evvy grants you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Service and the Materials. This license shall remain in effect until and unless terminated by you or Evvy. You represent and agree that you are using the Service for your own personal, non-commercial purpose, and that you will not redistribute, resell, or transfer the Service or the Materials.
You agree to abide by our Terms and not to use the Service or any part of it in any manner not expressly permitted by these Terms. Except for the rights expressly granted to you in these Terms, Evvy grants no right, title, or interest to you or any third party in the Service or the Materials. You shall not modify, lease, sell, distribute, or create derivative works of the content of the Services or Materials, unless otherwise specifically agreed in a separate agreement between you and Evvy.
All Evvy Software used in the Service are licensed, not sold, to you, and Evvy and its licensors retain ownership of all copies of the Evvy Software even after installation on your personal computers, mobile devices, tablets, and/or other applicable devices. Third party software (for example, open source software libraries) included in the Evvy Service are licensed to you either under these Terms or under the relevant third-party software library’s license terms as published in the Help About or Settings section of the Software or on our website.
8. Commercial Use
Any attempt to use the Services or the Kits for non-personal or commercial purposes in violation of these Terms (including reselling, distributing, sharing, and transferring to third parties for consideration) without the written authorization of Evvy will have the effect of rendering the above license invalid. Evvy reserves the discretion to refuse Registration (described below) of any Kits obtained in violation of these Terms.
9. Conditions of Use
In order to use the Services, you must (a) be at least 18 years old; (b) be a person not barred from receiving the Services under the laws of the country of residence from which you use the Services; or (c) if you are below the legal age majority in your country of residence, only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Term and who has submitted to Evvy the proper parental/guardian consent forms. The Services are not offered to minors under the age of 18, even with parental/guardian consent.
Due to limitations imposed by law in certain locations, use of our Service or certain features, add-ons, and specific components of Service may not be available to residents of certain States within the United States and in some international locations.
When you create an Evvy Account, you are required to provide certain Registration information about yourself and about purchasing our Services (e.g. name, email, address, Test ID, password, birthdate, and payment information).
You must (a) provide accurate and complete Registration information, and (b) update such information from time to time using your Account as necessary to keep your Registration information current and accurate. By establishing an Evvy Account, you represent and warrant that you have the right to, and are authorized to, provide the information you provide for yourself or those for whom you have legal authority to agree, when you create an Evvy Account. You are responsible for maintaining the accuracy and confidentiality of your Account information and password and for restricting access to such information and to your computer or device. You agree to (a) immediately notify Evvy of any unauthorized access or use of your password or Account or any other breach of security. All activities that occur under your Account or password, including all shipments of Kits and Services, will be your responsibility. You agree that Evvy will not be liable for any mis-shipments, loss or damage arising from your failure to comply with this Section.
11. Geographic Restrictions
Evvy does not warrant or guarantee that the Services or any of its content, is or will be accessible and/or legally permissible outside of the United States.
12. Charges and Billing
When you purchase any Service offered by Evvy, you authorize us to charge your credit card or other payment method you have chosen (“Payment Method”) for all fees applicable to your purchase of Service including Kits and opt-in services associated with the Service if you ordered them. When you purchase a subscription Service offered by Evvy, you authorize us to charge your Payment Method at the time of purchase, and on a recurring basis while you maintain your subscription. You must provide a valid Payment Method when you order Evvy Services. You represent and warrant that you are authorized to use such Payment Method, and you agree to pay all fees and charges incurred using that Payment Method by your Account. You agree and authorize us to provide your Payment Method information and related personally identifiable information (“PII”) to our designated third-party service provider(s) including payment processors for their use in charging you for the Services ordered by you. You agree to immediately notify Evvy of any changes to your information, including your billing address or the Payment Method used for payments.
If for any reason, Evvy does not receive payment from your Payment Method, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Evvy may deactivate or suspend your subscription and/or Account and continue to attempt to charge your Payment Method until the payments due are received. Upon receipt of all payments due, your subscription and your Account will be re-activated.
You agree that our subscription fees are subject to change, however, we agree that we will notify you before any changes to subscription fees. You also agree that subject to payment of appropriate subscription fees, you are able to change your existing subscription to another subscription. Evvy reserves the right to refuse providing subscription Services to any customer or potential customer and shall not be required to provide a basis or reason for such a decision.
Your subscription Service will automatically renew until you cancel it or until it is terminated by Evvy. If you want to cancel or pause your subscription, you can do so by sending an email with your name and the email address associated with your Evvy account to: email@example.com. Evvy reserves the right to request additional information for verification purposes prior to canceling your subscription.
All fees and charges for Services are exclusive of sales tax and other applicable taxes, and you are responsible for payment of any and all applicable taxes (other than taxes on Evvy income). Sales Tax as used herein shall mean any sales or use tax, functional equivalent of a sales tax, or other tax measured by sales proceeds that Evvy is permitted to pass on to its customers.
We reserve the right to accept or reject orders for Service for any reason. Price and availability of Services are subject to change without notice.
YOU AGREE THAT ANY PAYMENT SUBMITTED BY YOU TO EVVY FOR SERVICES IS SUBMITTED ON BEHALF OF YOURSELF, WITHOUT EXPECTATION OF ANY REIMBURSEMENT BY THIRD-PARTY PAYERS. EVVY DOES NOT UNDERTAKE TO SUBMIT ANY INFORMATION PROVIDED BY YOU FOR REIMBURSEMENT OR PAYMENT FROM PRIVATE INSURANCE CARRIERS, MEDICARE, MEDICAID, OR ANY OTHER THIRD-PARTY PAYERS.
13. Evvy Research
“Evvy Research” is a research program overseen by an independent ethics review board and operated by Evvy to make new discoveries about the microbiome. Evvy Research is an opt-in program, meaning that participation is entirely voluntary. Evvy Research may be sponsored by, conducted on behalf of, or in collaboration with third parties.
You are not required to participate in Evvy Research to make use of the Services. Click here to learn more about Evvy Research
14. Unlawful and Prohibited Use Policy
As a condition for using the Service, you represent and agree not to engage in any of the following activities that are unlawful or prohibited by these Terms:
i) any resale, offer to sell, and commercial (non-personal) use of the Kits, Service or the Materials;
ii) the distribution (online or offline) of the Kits, or any of the Materials without a separate and validly executed agreement with Evvy;
iii) misrepresent the identity or create false or deceitful identities of persons and applicable details in order to place orders of Kits or Services;
iv) any modification or derivative use of the Service or the Materials or any portion;
v) any use of automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service;
vi) the download (other than page caching) of any portion of the Service, the Materials, or any information contained therein, except as expressly permitted;
vii) any attempt to gain unauthorized access to Evvy’s servers or computer systems or to engage in any activity that disrupts, damages, disables, diminishes the quality of, interferes with the performance of, or impairs the functionality of, any part of the Service;
viii) the collection or harvesting of any Personal Information including, but not limited to, company and individual names, domain names or account names, from the Service;
ix) use of communication systems provided by the Service for any unauthorized commercial solicitation purposes;
x) use of any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
xi) misrepresenting your age or the age of majority in your nation of residence in order to obtain an Account or Services;
xii) impersonate, falsification of identity, or misrepresent your affiliation with any person or entity;
xiii) use the Services or Materials outside of the countries where such use is permitted;
xiv) modify or disguise the origin of any content transmitted through the Service or Materials in a manner that leads to consumer confusion;
xv) use the content in Services, Materials or their promotional materials for unauthorized advertising, pyramid schemes, or offer to sell or buy any goods or services except as permitted by law;
xvi) unauthorized use of branded trademarks, trade names, and key words associated with the Services or Materials in online media that amounts to false association and cause consumer confusion;
xvii) engage in "framing," "mirroring," or otherwise simulating the appearance or function of Evvy or our Services or Materials;
xviii) upload or transmit any content that you do not have a legal right to transmit (such as insider information, proprietary and confidential information, personal health information, content that infringes intellectual property rights of a third party, etc.);
xix) violate these Terms, code of conduct or other guidelines, which may be applicable to a specific area of the Service or have been notified;
xx) any use of the Service or the Materials other than for their intended purposes;
xxi) intentional or unintentional violation of local, state, national, or international law, or any regulations having the force of law; and
You represent and agree that you are solely responsible for, and Evvy has no responsibility to you or to any third party for, any breach of your obligations under these Terms (including the Unlawful and Prohibited Use Policy) and other terms you have agreed to, and you are solely liable for the consequences (including any loss or damage which Evvy and their licensors or 3rd parties may suffer) due to any such breach or violation of these Terms. In case of violation of any one or more of these terms, representations, conditions, and policies, or if Evvy has a reasonable ground to suspect that you have violated these Terms, you understand and agree that Evvy has the right to suspend or terminate your Account, refuse any and all current or future access to and use of the Services, and seek injunctive relief, monetary damages, and any other remedies available in law and equity. In addition, You agree to defend and indemnify Evvy, its affiliates, and their officers, directors, employees, agents and contractors against any claims, costs, damages, or liabilities (including but not limited to reasonable attorney’s fees and court costs Evvy may incur) arising out of or resulting in your breach, violation or actions as specified above.
16. Modifications, Updates, and Delays
Evvy reserves the right at any time to modify, revise, update, and discontinue the Services (or any part thereof) with or without notice. You acknowledge and agree that modifications or updates may result in delays in computations for some features of Services.
Certain conditions and circumstances associated with the business operations of the Service may result in unexpected delays in shipping Kits or processing, testing, and analysis of the Samples you have returned. Evvy may or may not provide you with specific notices applicable to these delays. While Evvy endeavors to take commercially reasonable steps to minimize such delays, Evvy shall not be liable to you or to any third party for any such delays associated with the Services.
Sometimes, Evvy may not be able to process a Sample or our testing process may result in errors due to several reasons which may include but not be limited to Samples containing insufficient volume or the testing results not meeting our standards for accuracy (“Sample Failure”). This may result in unexpected delays in processing your Sample. On such occasions, Evvy will notify you of the Sample Failure and details applicable to processing a new Sample in place of the failed Sample.
You agree that processing orders from and shipping Kits to certain international locations may take extra time due to additional constraints applicable to payment verifications and restricted timelines given by shipping carriers. You agree that your delay in creating an Evvy Account (on the website or mobile application) and providing answers to the initial questionnaire in full will cause delay in starting the Sample testing process, which in turn cause delay in completing your Test Results and receiving your recommendations.
17. New and Additional Features
You acknowledge that Evvy may, from time to time, offer optional new or additional technologies or features to the Service that may only be available to you with an additional fee, and that you will have to pay additional fees in order to have these features in your Services. Such features will be optional and purchasable at your choice; you will not be charged for these features unless you specifically purchase them.
18. User Content
Some features of our Service may include functionality enabling you to post user content, whether publicly posted or privately transmitted, such as profiles, posts, emails, feedback, experiences, suggestions, notes, messages, photos, and videos (“User Content”) that you have made available to Evvy and other users of the Service. You are solely responsible for all User Content that you choose to post or otherwise transmit to or through the Service.
Evvy has the right to refuse accepting or publishing any User Content. You agree that Evvy, at its sole discretion, has the right (but not the obligation) to screen, reject, retain, or remove any User Content, or any portion thereof, posted using the Service that infringes Evvy’s or any third party’s intellectual property or other rights, violates these Terms or our other policies, or is otherwise objectionable. Evvy reserves the right to disclose any User Content as necessary to satisfy any applicable law, regulation, legal process or governmental request. Evvy has the right to suspend or terminate the Service at any time without preserving your User Content.
In using the Service, you agree not to post any User Content that (i) is false, deceptive, deceitful, misleading, unauthorized, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, harmful to minors, fraudulent or otherwise objectionable; (ii) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; (iii) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (iv) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (v) contains private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (vi) contains viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files; (vii) in the sole judgment of Evvy, may expose Evvy to any harm or liability of any type; or (viii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals for any reason and especially on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
By sending User Content, you grant Evvy and its affiliates a perpetual, irrevocable, worldwide, royalty-free, freely transferable and sub-licensable (through unlimited levels of sublicense) non-exclusive license and right to use, reproduce, modify, transmit, translate, publish, publicly perform, display, distribute, commercialize, share with third parties, transmit or distribute over public network and media, and create derivative works of such User Content for purposes specified in these Terms and for delivering the Service to you and other users of the Service. You represent and warrant that: (i) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content and to grant the rights granted herein; (ii) the User Content is accurate and not misleading; (iii) distribution of the User Content you supply in accordance with your direction does not violate these Terms; and (iv) will not violate any rights of or cause injury to any person or entity. You hereby waive any moral rights you may have in such User Content under the laws of any jurisdiction.
19. Consent to Receive Emails and Notice
By using the Services, you consent to receive emails from Evvy, which may include commercial emails. We may use your information to send you news or product updates. You may “opt out” of receiving marketing or promotional email from Evvy by following “unsubscribe” instructions or using “unsubscribe” links within communications we send. As long as you maintain an account, you may not "opt out" of receiving account-related emails from Evvy.
20. Samples Collection and Submission
Irrespective of the Service you purchased, or consented to use, the Kits will include detailed instructions on Sample returns and specific timelines applicable to such Sample returns, Kit Registration details, and how to use the Kits correctly to collect and return your Samples. The Sample return policy, Sample collection instructions, and any shipping guidelines provided with the Kits are incorporated herein by reference as part of these Terms. You are expected to read and adhere to the terms of these instructions, policies and guidelines.
After you collect your Samples, you agree to return the Samples to Evvy or its partners according to the shipping instructions provided with the Kits, within the designated timelines specified in the Sample return policy, for testing and analysis. You may collect all Samples at home. You agree to read the instructions carefully, use Kits according to the accompanying instructions for each Kit, and to follow good hygiene practices when collecting Samples.
Your Kit must be used, and your Sample be returned to Evvy for processing, within six months of the purchase date. After this time, the kit is deemed to have expired.
21. Samples and Test Results
Evvy will provide you with Test Results, and personalized recommendations derived from application of Evvy proprietary technology and methodologies in the analysis of your Sample Data and other information such as self-reported information you provided. You may choose to follow these recommendations as little or as much as you wish, or you may choose not to follow these recommendations at all.
Biological Samples are processed by Evvy in an irreversible manner and they cannot be returned to you once submitted for testing and analyzed by Evvy. Further, no refunds will be given for any Kits when the Samples have been sent to Evvy for processing.
Data from your Samples will be saved on Evvy’s secure cloud servers with industry standard privacy and security safeguards. Evvy plans to retain your Samples and data for at least ten (10) years, but may, in its sole discretion, retain such Samples and data for a longer period of time. Evvy may also use Test Results for improving its data analysis methods and the artificial intelligence engine.
22. Ownership; Use of Test Results and Data
23. Waiver of Rights
You understand that you will not receive and you agree to waive any compensation (by way or cash, equity, use rights, or other current or future financial benefit or reward) from Evvy as a result of having your Sample or any data related thereto or derived therefrom analyzed, processed, made the subject of Research, Research Studies, or included in studies with our collaborators, including commercial partners as stated in these Terms. You understand that by providing any Sample, having your Sample processed, accessing your Sample, or providing any self-reported information to Evvy, you acquire no rights in or title to any Research, Research Studies, or commercial products that may be developed by Evvy or its collaborating partners. You specifically understand that you will not receive compensation for any commercial products that use, include or result from Samples or any other information you provide to Evvy as part of Research and Research Studies, and you agree to waive any and all rights or claims to them.
24. User Representations
By accessing and using the Services, you agree to, acknowledge, and represent as follows:
a) You understand that Evvy does not provide medical advice through its Services;
b) You understand that the Test Results, insights, recommendations, and information you received or learned from using the Service are not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health or treatment thereof in the absence of specific medical advice and clinical diagnosis;
c) You understand that the Test Results included in any Services, and associated recommendations are intended for research, guidelines, informational, and educational purposes only, and that while this information might point to a possible diagnosis or treatment, it should always be confirmed and supplemented by specific medical and clinical testing results; and
e) You give permission to Evvy, and its successors and assignees, subject to the following representations, to perform the testing services specified herein using the Sample and information provided to Evvy, to use your Test Results for personalizing your recommendations , and to disclose the Test Results and analyses to you and to others you specifically authorize:
i) You represent that you are eighteen (18) years of age or older with capacity to enter into binding contracts based on the laws of the country of your residence;
ii) You are guaranteeing that any Sample you provide to Evvy is yours, and if you are agreeing to these Terms on behalf of a minor as a parent or legal guardian, or a person for whom you have legal authorization, you are confirming that the Sample provided will be the Sample of that minor or the person;
iii) If you are a customer outside the U.S. providing a Sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside;
iv) You agree that any Sample you provide, and all resulting data may be transferred and/or processed outside the country of your residence;
v) You agree that except when the law requires, Evvy has no responsibility or liability for the deletion of, erasure, or failure to store any information, communications, resulting data, or content stored or transmitted by the Services;
vi) You agree that Evvy has no responsibility or liability for the loss of data due to malfunction or destruction of data servers or other catastrophic events;
vii) You take responsibility for all possible consequences resulting from your sharing with others access to or use of your Test Results;
ix) You understand that by providing any Sample, self-reported information, and having them processed, you acquire no ownership or licensing rights in any Research, Research Studies, or commercial products that may be developed by Evvy or its collaborating partners. You specifically understand that you will not receive any current or future compensation for any Research, Research Studies, or commercial products that include or result from use of your Samples, self-reported information, and Test Results;
x) You agree that you will not send us your Sample if you have a reason to believe you have an active infectious or communicable disease that may endanger Evvy or its partners;
xi) You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations;
xii) In case if you breach any one or more of these representations, Evvy has the right to suspend or terminate your Account and refuse any and all current or future Services; and
xiii) You agree to defend and indemnify Evvy and its affiliates and successors against any claims, liability, costs, or damages arising out of the breach of these representations.
By using the Kits and accepting these Terms, you also agree to the following:
i) Receiving the notice on the risks associated with use of the Kits, and you use them at your own risk;
ii) You are required to carefully read and follow the applicable instructions for use of Kits and obtaining Samples exactly as stated in each Kit or a component of a Kit;
iii) Receipt of safety precautions included in each Kit or component of a Kit;
v) Follow the applicable timelines for return of Samples as specified in the Kit and Sample return policy;
vi) Acknowledge and agree that the form and nature of the Services which Evvy provides may change from time to time without prior notice to you; and
vii) As part of continuing innovation, Evvy may change or stop (permanently or temporarily) providing some Services (or any features within the Services) at Evvy’s sole discretion, without prior notice to you.
These Terms will continue to be effective until terminated by either you or Evvy as set out in this section. You may terminate your legal agreement with Evvy, by notifying Evvy at any time in writing, along with a request to close your Account for the Services. Your notice should be sent, in writing, by email addressed to: [firstname.lastname@example.org]. Upon receipt of a notice online (by email), Evvy will send you an email asking for confirmation of your request, and your notice will be effective following receipt of a second email from you by Evvy confirming that you are requesting closure of your Account, and Evvy confirming such closure.
Evvy may at any time, terminate its agreement and Accounts with you if:
(i) you have breached any of these Terms; (ii) Evvy is required to do so by law (iii) Evvy Service partner has terminated its relationship with Evvy or ceased to offer the Services to you; (iv) Evvy is no longer providing the Services to users in your location; or (v) provision of Services to you is no longer commercially viable.
You acknowledge and agree that Evvy shall not be liable to you or any third party for its termination of this agreement, your Account, or access to the Services.
When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and Evvy have benefited from, been subject to, or that have accrued over time while these Terms have been in force or that were expressed to continue indefinitely, shall be unaffected by this termination, and shall continue to apply to such rights, obligations, and liabilities indefinitely.
26. Possible Risks and Considerations
By utilizing the Services, you represent that you are aware of the potential risks associated with use of the Services, including use of the Kits and the collection and submission of Samples to Evvy.
Some potential risks associated with using the Kits are as follows:
i) You may feel discomfort or embarrassment when collecting Samples;
ii) You may receive diet, supplements, and recommendations indicating foods or supplements to which you are allergic or sensitive. If you have a known or suspected allergy or sensitivity, you should not follow these recommendations;
iii) A specific health or medical condition(s) you may have may not get better or may get worse and you may develop new conditions;
iv) Some survey questions may make you or your family members uncomfortable;
v) Some of the results and information you receive may generate strong emotions;
vi) A rare security breach or failure to follow certain protocol in spite of all the measures employed by us against such could result in unauthorized disclosure of your data such as PII;
vii) You may learn information about yourself that prompts you to consult or follow-up with your physician. You will be fully responsible for the costs of this follow-up testing, consulting, and any resulting treatment;
viii) You may find out information about yourself that will cause you to worry or become anxious;
ix) There can be adverse health effects if you fail to follow exactly the instructions given with the Kits for collecting Samples or Supplements sent to you;
x) Evvy will not provide any payment or treatment if you have an injury while collecting Samples
x) The recommendations provided to you may or may not be beneficial to you; it may cause or exacerbate certain medical conditions or problems; and
xi) There may be other unknown or additional risks to using the Services that are not foreseeable at present.
27. Warnings & Limitations
By using our Services, you agree to receipt of the following warnings and limitations applicable to Test Kits or the Supplements, and you assume the risks associated with using any Kits or Supplements not in accordance with these warnings:
i. If you have certain medical conditions or are using medications, you agree to use the Kits and Supplements only after consulting your physician
ii. If you or your child feel unwell, ill, or experience any adverse reactions following the use of Supplements, you agree to seek medical help immediately and discontinue further use of such Supplements until after your physician clears them for use again
iii. In case of accidental overdose, misuse, or allergic reactions experienced by you or your child, you agree to seek immediate medical help as necessary
iv. If you suffer from a congenital or acquired blood-clotting disorder, or take an anticoagulant medication, you agree to use the Kit only after consulting your physician
v. The preservative in the Sample tubes inside the Kits may pose certain health risks; you agree to follow the instructions that accompany each Kit on steps to follow in case of accidents or misuse.
ANY INFORMATION PROVIDED WITH THE KITS IS NOT INTENDED TO REPLACE A RELATIONSHIP WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN BEFORE STARTING, STOPPING OR MODIFYING ANY PHYSICIAN-PRESCRIBED TREATMENTS OR MEDICATIONS.
28. Returns and Refund Policy
Subject to certain exceptions as specified below, we offer a full refund for Evvy Services (i.e. Kits) in the amount of the actual purchase price paid to Evvy (“purchase price”) including any shipping and handling cost plus tax, if any, provided that the order is canceled within twenty four (24) hours of the purchase.
If a refund is requested after twenty four (24) hours but within fourteen (14) days of purchase of a Kit, if the Sample is not returned to Evvy, we offer a refund in the amount of the Kit purchase price minus a $25 (USD) processing fee. The shipping and handling cost plus tax (if any and where applicable) are non-refundable.
To request a refund, please send a request to Evvy Customer Service using the information specified below.
Submit online by email to email@example.com.
Refund requests received within fourteen (14) days of the purchase date of a Kit will be issued within forty-five (45) days of the date of request.
No refunds will be available on requests received after the expiration of fourteen (14) days of the date of purchase of a Kit. Also, no refund will be available if Evvy determines, in its sole discretion, that you have violated any of these Terms.
29. Kit Replacement Policy
Upon a customer’s request, Evvy may ship a replacement Kit due to non-usability, damage, or defect, provided that you have not submitted your Sample using the Kit subject to replacement and that the Kit being replaced is purchased within the last twelve (12) months period (“Kit Replacement Policy”). Evvy will not charge any fees in connection with this replacement if it is determined that the cause for such replacement is attributable solely to Evvy (such as, your Sample fails testing and a new Sample is needed or the Kit is damaged). To make a request for Kit replacement, please contact our Customer Service by using the information specified below.
Submit online by email to firstname.lastname@example.org.
All Evvy trademarks, service marks, trade names, logos, domain names, and any other features of the Evvy brand are the sole property of Evvy or its licensors. These Terms do not grant you any rights to use any Evvy trademarks or brand features whether for commercial or non-commercial use.
Evvy™, all Evvy associated logos, products and service names together with any other Evvy trade names, service marks, logos, domain names, taglines, and other distinctive brand features are the trademarks or registered trademarks of Allora Health Inc. in the U.S. and in other countries. All other trademarks, service marks, and logos used in connection with our Services are the sole properties of their respective owners, and they are being used herein under licenses received by Evvy from their owners.
Unless you have specifically agreed otherwise in writing with Evvy, other than the limited license specified herein, nothing in these Terms or Service gives you a right to use any Evvy marks or the third party marks, and you agree not to display or use Evvy marks or the marks of their licensors used in connection with our Service in any manner.
You agree that you shall not remove, obscure, or alter any proprietary rights, marks, attributions, or notices that may be affixed to or contained in the Services.
Unless otherwise expressly authorized in writing, you agree that in using the Services, you will not use any trademark, service mark, trade name, or logo of Evvy or any of its licensors in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
31. Copyright Policy
Evvy respects the intellectual property rights of others and expects users of our Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are provided to us in accordance with applicable law. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please send us a notice with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Evvy will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing in connection with the Service is:
SUBMIT VIA EMAIL:
Attn: Legal Department (Copyrights)
Allora Health Inc.
169 Madison Ave
New York, NY 10016
32. Warranty Disclaimer
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EVVY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS OF THE SERVICE. EVVY DOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SERVICE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. TO THE EXTENT PERMITTED BY LAW, EVVY MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, CONDITION, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SUCH SERVICES. EVVY IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED IN OR ON THE SERVICE OR ACCESSED THROUGH THE SERVICE. WHILE EVVY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, EVVY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS OF THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS WHEN ACCESSING THE SERVICE.
If the Services contain links to other sites and/or resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Evvy has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Links to third party websites or services on the Evvy Services does not constitute an endorsement or approval of such websites or services.
33. Limitation of Liability
IN NO EVENT SHALL EVVY OR ANY OF ITS CORPORATE AFFILIATES, SUCCESSORS, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SERVICE OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM EVVY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, PUBLIC HEALTH CRISIS, PANDEMIC, LOCKDOWNS, EMERGENCY LAWS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO EVVY’S SERVICE OR EVVY’S RECORDS. TO THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF EVVY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICE, SHALL NOT EXCEED ANY FEES YOU PAID TO EVVY. IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO EVVY, SUCH AMOUNT SHALL BE ONE HUNDRED DOLLARS ($100). CERTAIN JURISDICTIONS MAY NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY SPECIFIED ABOVE, AND THEREFORE, DEPENDING ON YOUR LOCATION, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT BE APPLICABLE TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HI FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HI SETTLEMENT WITH THE DEBTOR.”
YOU AGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EVVY AND YOU.
In addition to any other indemnification obligations elsewhere in these Terms, you agree to defend, indemnify and hold harmless Evvy, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Service, including without limitation any actual or threatened suit, demand, or claim arising out of or relating to the use of customer content, the information supplied by you to Evvy or to you by Evvy, the conduct of your health care provider, your conduct, your violation of these Terms, or your violation of the rights of any third party.
35. Dispute Resolution
Any controversy or claim between the parties or arising out of these Terms or any use of the Service shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The selected arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency, or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empaneled, the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such requests. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, videoconference, and other forms of real-time communications. If the arbitrator requires in-person hearings, the hearings shall be held in New York City, New York. The arbitral award will be final and binding and may be entered and enforced in any court of competent jurisdiction. In no event shall any claim, action or proceeding related in any way to the Service be instituted more than two (2) years after the cause of action arose.
36. Waiver of Jury Trials and Class Actions
BY ENTERING INTO THESE TERMS, YOU AND EVVY ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
Evvy notices to you may be made via email or regular mail to the email address or home address then on file. Evvy may also provide notices of changes to these Terms by displaying them on or through the Services. Any notices that you provide to us without compliance with this section on Notices shall have no legal effect. Unless otherwise specifically provided for, any official notices to Evvy related to these Terms must be sent to:
SUBMIT VIA EMAIL:
Attn: Legal Department (Notices)
Allora Health Inc.
169 Madison Ave
New York, NY 10016
38. Applicable Law
These Terms and the resolution of any dispute related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without giving effect to that state’s principles of conflicts of laws. Subject to Sections 35 and 36, the federal and state courts of the State of New York shall have exclusive jurisdiction over all claims.
If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be enforced only to the extent it is enforceable and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.
You may not assign this Agreement without the written consent of Evvy and any attempt to do so shall be void.
You agree that no joint venture, partnership, employment, or agency relationship is created by these Terms between you and Evvy.
No waiver of any term, provision or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
43. Force Majeure
If the performance of any part of these Terms by Evvy is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, pandemic, public health crisis, judicial or governmental action, emergency, labor disputes, act of God or any other causes beyond the control of either party, Evvy shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
44. Entire Agreement
These Terms constitute the complete and exclusive terms of the agreement between the parties with respect to the use of the Service and any acts or omissions of Evvy, and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties with respect to the subject matter thereof.