These terms contain essential terms and conditions regarding your use of our services and products.
Welcome to Peak Brain. It's time to own your health.
As you may know, Peak Brain helps facilitate access to laboratory testing, including blood testing which evaluates as many as hundreds of biomarkers. Our service then provides access to those results in a convenient, meaningful, robust, and easy-to-understand format that combines them with targeted insights from top doctors. Peak Brain's mission is to empower you to live 100 healthy years, starting with understanding your health.
These Terms of Service (the “Terms”) contain essential terms and conditions regarding your use of our Services and Products, including any materials, data, information, and content available therethrough. PLEASE REVIEW THE TERMS VERY CAREFULLY BEFORE USING OUR SERVICES. We encourage you to contact us at grievances@peakbrain.health with any questions or concerns before proceeding any further with our Services or Products. We reserve the right to change or modify portions of these Terms at any time, with or without advance notice. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last updated. We will also notify you, either through the Services user interface, in an email notification, or through other reasonable means, if material changes were made. Unless otherwise stated in such update, any such changes will become effective immediately. You should periodically visit this page to review the current Terms, so you are aware of any changes. We may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to these or any future Terms, you agree that your sole remedy is to not, (and you agree you will not) access, browse, or use the Services (or continue to do so). Your continued use of the Services after the date any such changes to the Terms become effective constitutes your acceptance of such changes and consent to the then-applicable Terms.
IF YOU SUBSCRIBE TO ANY FEATURE OR FUNCTIONALITY OF THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT PEAK BRAIN’S THEN-CURRENT FEE FOR SUCH FEATURES AND FUNCTIONALITY UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PAYMENT SECTION BELOW.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THIS AGREEMENT TO ARBITRATE REQUIRES THAT ALL DISPUTES BETWEEN YOU AND US (WITH LIMITED EXCEPTIONS) WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. THE AGREEMENT TO ARBITRATE ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THE AGREEMENT TO ARBITRATE CAREFULLY. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
The Terms constitute a legally-binding contract between you and Peak Brain that governs your access to and use of our services and products, including but not limited to: (a) your use of the website peakbrain.health (the “Site”) and its features; (b) our mobile applications and related technologies (the “Mobile App”) and (c) any purchases and/or uses of our Products or Services. BY ACCESSING AND/OR MAKING USE OF OUR SERVICES, YOU REPRESENT THAT YOU FULLY UNDERSTAND AND AGREE TO BE UNCONDITIONALLY BOUND BY THE TERMS IN THEIR ENTIRETY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Our Services are only available to persons eighteen (18) years of age or older. You must close your browser, and you may not access or use our Services or Products if you are under the age of eighteen (18). At this time, Peak Brain does not allow you to create an account for or provide information relating to anyone under the age of eighteen (18).
a. "Affiliates" refer to an entity's executives, employees, officers, directors, agents, attorneys, representatives, partners, joint ventures, parents, subsidiaries, successors, and assigns, collectively.
b. "Claims" refer to claims, disputes, controversies, matters, and causes of action, collectively.
c. "Peak Brain Content" refers to any and all data, information, content, material, and other intellectual property available through our Services in various formats—including but not limited to as code, data, text, images, multimedia content, designs, graphics, illustrations, photographs, banners, messages, videos, visual interfaces, features, functionalities, software applications and, but specifically excluding Personal Information and User Content.
d. "Peak Brain," the "Company," "us," "our," and "we," all refer to Peak Brain.
e. "Losses" refers to liabilities, harms, losses, debts, damages, awards, expenses, fees, costs, penalties and fines, collectively.
f. "Lab Results" refer to the results of any and all Sample analyses; however, Lab Results do not include the formatting of your Lab Results, the graphic representation of your Lab Results, or any other Peak Brain Content accompanying your or otherwise furnished in connection with your Lab Results obtained from independent third-party laboratories.
g. "Party" means each of you and Peak Brain. Collectively, you and Peak Brain are the "Parties."
h. "Payment Information" refers to your financially-sensitive information that enables a purchase, such as credit/debit card numbers, CVCs, expiration dates, and PINs.
i. "Payment Method," refers to a valid, current, accepted means of remitting payment for Services.
j. "Personal Information" refers to the same term defined in our Privacy Policy, including information relating to an individual's health background, Sample, and/or Lab Results.
k. "Product(s)" refer to any and all products offered for sale and/or use in connection with our Services.
l. "Sample(s)" refer to any and all blood samples provided by Peak Brain's members to independent third-party laboratories for reporting in connection with Peak Brain's Services.
m. "Services" refer to any and all services arising out of and/or relating to Peak Brain, including without limitation the Site and Mobile App. Our Services includes, without limitation: (a) facilitating convenient access to third-party laboratory services for the purposes of collecting Samples, (b) providing convenient access to Lab Results in conjunction with those Samples and furnishing a detailed yet comprehensible and consumer-friendly report relating thereto, (c) facilitating opportunities to connect with third-party medical professionals regarding ordering of tests and related Lab Results, and (d) providing informational content relating to health, wellness, fitness, diet, and lifestyle, including but not limited to in connection with a set of parameters in Lab Results. Our Services further include, without limitation, our Site and Mobile App, as well as our software applications, including the generative-AI powered informational chatbot made available to you through our applications (“AI Chat”) or facilitating access to other third-party generative AI-powered applications and services, text and SMS messages, websites, emails, social media accounts, and the creation, publication, exhibition, and distribution of Peak Brain Content. NEITHER PEAK BRAIN NOR OUR AFFILIATES PROVIDES ANY MEDICAL ADVICE, CARE, OR OPINIONS IN CONNECTION WITH OUR SERVICES, AND YOUR USE OF OUR SERVICES DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP WITH PEAK BRAIN OR OUR AFFILIATES.
n. "User Content" refers to any text, photos, graphics, images, video, audio, multimedia, and other materials you create, modify, post, provide, upload, send, and/or share in connection with our Services.
o. "You", "you," "your", "yourself," and "User" refers to you, as an individual, plus any entity, individual, and/or organization on whose behalf you are acting in connection with our Services (defined below).
The Terms incorporate Peak Brain's Privacy Policy by reference in its entirety – as though herein completely stated – and all references to these Terms shall refer, without limitation, to our Privacy Policy. Please accordingly review our Privacy Policy very carefully.
It Is Important for You to Understand How Peak Brain Uses Your Information:
a. Peak Brain's Privacy Policy directly impacts how Peak Brain handles your Personal Information, among other types of data and information. You acknowledge and agree that Peak Brain's Privacy Policy is incorporated by reference into these Terms, in its entirety; by accepting our Terms, you agree to all terms and conditions in our Privacy Policy.
b. Except as you may otherwise expressly authorize, Peak Brain (or any third-party on behalf of Peak Brain) does not collect, store, analyze, or retain any Samples during the course of providing our Services. Please consult the terms and conditions of your laboratory services provider, for more information regarding the collection, storage, analysis and retention of any Sample you provide to a laboratory service provider that is facilitated through our Services.
c. In furtherance of facilitating third-party laboratory testing and medical care services directly for you, you hereby expressly permit affiliated contractors and providers to (i) receive, handle, store, transport, and analyze your Sample; (ii) transmit and disclose documents and files containing and/or reflecting Personal Information (including without limitation Lab Results) (1) within and among one other as necessary to furnish and/or facilitate the Services and (2) to persons and/or entities whom you specifically designate for receipt of your Lab Results.
d. You acknowledge and agree that Peak Brain and its third-party providers, laboratories, medical professionals, vendors, and suppliers may have independent legal, regulatory, public health, or reporting obligations under applicable federal, state, or local laws, rules, or regulations. You expressly authorize Peak Brain and such third parties to disclose Personal Information, health information, and other data as required to comply with such obligations, including without limitation reporting to public health authorities, regulatory agencies, law enforcement, or other governmental entities, without further notice to or authorization from you, to the extent permitted or required by law and consistent with Peak Brain’s Privacy Policy.
In addition, when using or receiving the Services, you may be subject to any additional terms applicable to such services (“Additional Terms”) that may be posted on the Service from time to time, or presented to you for your acceptance when you sign up for or access the additional Service. All such terms are hereby incorporated by reference into these Terms. If these Terms are inconsistent with the Additional Terms, then the Additional Terms control with respect to such additional service, but only to the extent of such inconsistency.
In order to use our Services, you must acknowledge and agree to the following:
a. PEAK BRAIN DOES NOT OFFER YOU MEDICAL ADVICE, A DIAGNOSIS, MEDICAL TREATMENT, OR ANY FORM OF A MEDICAL OPINION, THROUGH OUR SERVICES OR OTHERWISE. All material, information, data, and content that Peak Brain provides through our Services, including without limitation through AI Chat, is strictly for general information purposes.
b. OUR SERVICES, INCLUDING WITHOUT LIMITATION AI CHAT, ARE NOT A SUBSTITUTE FOR QUALIFIED MEDICAL CARE, QUALIFIED MEDICAL ADVICE, AND/OR A DETAILED DISCUSSION WITH YOUR OWN QUALIFIED HEALTHCARE PROFESSIONAL. Peak Brain strongly recommends that you seek the advice of your own qualified healthcare professional to assist you in making decisions regarding any diagnosis, treatment, course, and/or care—including without limitation in relation to any data and/or information we provide—and you agree to follow this recommendation. You covenant that you will not delay in seeking care or otherwise ignore the advice or direction of a qualified medical professional based on your use of our Services, including without limitation AI Chat. If you are concerned that you may be experiencing a medical emergency, please dial 9-1-1 immediately. You understand and agree that accessing Peak Brain Content, Services (including without limitation AI Chat), and Products does not create a patient relationship with any medical provider or laboratory. A patient relationship with a medical provider or laboratory is only established when you have actually been treated by a medical provider or laboratory and such provider or laboratory evidences acceptance of such relationship. In addition, you acknowledge and agree that you have selected each medical provider or laboratory and elected to receive services from the medical provider or laboratory and that no third-party, including Peak Brain, has referred, suggested or recommended the medical providers or laboratories to you.
c. The Services are not insurance products. The Services are not health insurance or a substitute for health insurance, and the amounts you pay (or an authorized third-party pays on your behalf) for the Services are not insurance premiums. The Services do not meet any individual health insurance mandate under federal or state law. If you desire any type of health or other insurance coverage, you will need to acquire such insurance separately.
d. To the fullest extent permitted by applicable law, you agree that you use our Services and rely on the materials, data, content, and information you receive in connection our Services—including without limitation the Peak Brain Content and Responses—at your own risk. To the fullest extent permitted by applicable law, Peak Brain disclaims all liability and responsibility arising out of and/or relating to any reliance placed by you and/or any other person on our Services, including without limitation AI Chat, and/or any data and/or information you receive in connection with our Services, including without limitation as relating to data and information relating to Lab Results and/or Peak Brain Content and Responses.
Please Exercise Caution Regarding Our Services & Your Lab Results:
a. Peak Brain sincerely hopes to provide you access to the Lab Results you most wish to receive. Nonetheless, you acknowledge that your Lab Results might not be as hoped or expected, and may even contain distressing and/or life-altering information. While it is not unusual to have questions, concerns or uncertainties about pending Lab Results, you also acknowledge that you should consult a qualified healthcare professional to address any such uncertainties as you deem appropriate.
b. You acknowledge that the process of reviewing Lab Results is irreversible; once you review your Lab Results, you are committing yourself to an awareness of such Lab Results. You accordingly acknowledge that—before using our Services—it is important to seek the advice of a qualified healthcare professional regarding whether, when, and to what extent you should make use of such Services given your medical history and personal circumstances.
c. Obtaining some laboratory testing involves your provision of a blood sample. You understand and agree that provision of an adequate blood sample requires collection of a range of vials and, in certain circumstances, may require more than one visit to a laboratory. The risks associated with obtaining a blood sample include, without limitation, bruising, hematoma, lightheadedness, fainting, infection, and/or excessive bleeding, and you may feel slight-to-moderate physical discomfort upon being pricked with a needle and having your blood drawn. You should consult with third-party laboratory personnel about specific risks, questions, or other concerns you may have regarding providing a blood sample, including whether it may be appropriate to collect vials in more than one visit. Please make sure you consult with a qualified physician if you are at elevated risk of harm in connection with a blood draw, or if you suffer from a fear of needles or blood.
d. While Peak Brain strives to facilitate access to complete and accurate Lab Results 100% of the time, you acknowledge and accept that: (a) your Sample may yield incomplete or even inaccurate Lab Results; and (b) Peak Brain does not warrant the accuracy, completeness, usefulness, timeliness, or precision of any Lab Results delivered or accessed through our Services. You further acknowledge and agree that your Lab Results may yield data or information that may have a limited significance presently, but may take on greater meaning as science evolves, knowledge increases, and/or future discoveries are made.
e. You acknowledge that Peak Brain recommends your careful discretion in deciding what aspects of your Lab Results to share, how to share them (e.g., we strongly advise against posting Lab Results on social media), and with whom. You further acknowledge that, to the extent you disclose your Lab Results, or any other Personal Information, with a healthcare provider, such data and information may become part of your medical records and may thereby be available to insurance companies and/or other healthcare providers, except as limited by applicable law.
By entering into these Terms, you consent to the use of unsecured email, mobile phone text message, or other electronic methods of communication ("E-messages") between you and Peak Brain for purposes of discussing information relevant to the Services you receive from Peak Brain. You hereby acknowledge that E-Messages are typically not a confidential means of communication, and that there is a reasonable chance that a third-party (e.g. people in your home or other environments who can access your phone, computer, or other devices; your employer if using your work email or network; and/or third parties on the Internet, such as server administrators and others who monitor Internet traffic) may be able to intercept and see E-Messages, including without limitation any attachments thereto and content therein. You have been informed of the risks of transmitting your Personal Information by an unsecured means, including but not limited to the risk with respect to the confidentiality of such information.
By entering into these Terms, you consent to accept and receive communications from us to the contacts you provide to us in connection with your Account, via SMS and/or MMS messages sent through an automated telephone dialing system (“Text Service”), even if you have opted in to the National Do Not Call List, any state Do Not Call List, or the internal Do Not Call List of any company. You may be required to respond to an initial message as instructed to complete your registration and confirm enrollment in the Text Service. You do not have to participate in the Text Service in order to use the Services. In the event you no longer want to participate in the Text Service, you agree to notify us directly. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number.
There is no additional charge for the Text Service, but your mobile carrier’s or other service provider’s standard message and data rates apply to any messages you send or receive through the Text Service, including confirmations and subsequent texts. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any SMS or MMS messages, or other communications, as delivery is subject to effective transmission by your mobile carrier or other service provider and compatibility of your mobile device. Please contact your mobile carrier or other service provider if you have any questions regarding these issues or your mobile data and messaging plan or services.
As described in the Text Service enrollment and welcome messages, you may text “STOP” to cancel such communications as you are not required to consent to the Text Service as a condition of using the Services. You can also text “HELP” for customer support information. If you choose to cancel your Text Service, you agree to receive a final text message from the Text Service confirming your cancellation.
You can invite others to use the Services through the Text Service by providing the numbers of those you want to invite or by selecting the individuals you want to invite from your contacts list (if you have uploaded one). By asking us to invite others to use the Service, you represent to us that those you invite consent to receive the automated invitation messages and that you are authorized to convey that consent to us.
You will also receive information, communications, updates and reminders about your account and the Products you purchase (including, as applicable, any scheduled Imaging Services) via the Text Service. If you would like to opt out of all communications from us, including information, communications, updates and reminders about your account and the Products you purchase please contact us at grievances@peakbrain.health, however, you acknowledge that this may affect your ability to effectively use the Services.
As long as you remain eligible, you are granted a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, non-delegable, and fully revocable license to access and make use of our Services for personal, non-commercial use in accordance with these Terms. Peak Brain reserves the right to suspend, limit, or revoke this license, for any reason, with or without warning or notice, in our sole and absolute discretion.
You acknowledge and agree that this license, unto itself, does not grant you permission to use Services requiring payment without first remitting payment. You accept that, in order to receive certain Products and Services, you may be required furnish Payment Information and remit payment, as directed by Peak Brain.
You are permitted to download and/or print a reasonable volume of Peak Brain Content for your personal, non-commercial use in compliance with the Terms. You are also permitted to download a single copy of any applications that we make available for your download, provided such download is for your personal, non-commercial use in compliance with the Terms and any additional agreements required for you to download, access, and/or use such an application. To the extent our features enable you to share Peak Brain Content via social media, you are permitted to share Peak Brain Content strictly as enabled by those features.
You are permitted to store files that are automatically cached by your web browser. You are also permitted to temporarily store copies of Peak Brain Content in RAM, insofar as such storage is incident to your access and/or use of such Peak Brain Content.
You are allowed to create a single account for yourself, as an individual eighteen (18) years of age or older, in order to make use of our Services (an "Account"). You are also allowed to create an Account for each adult who has given you prior express written authorization to agree to these Terms and operate an Account on their behalf. You accept that, in order to create an Account, Peak Brain may require you to provide certain Personal Information and a login/password; this includes, without limitation furnishing a first and last name, date of birth, address, email address, race/ethnicity, height/weight, blood type, and information regarding your health history, your present health condition, and any symptoms. Such registration data and certain other information about you are governed by our Privacy Policy. You represent that you have provided and warrant that you will provide truthful, accurate, complete, up-to-date information at all times in connection with our Services; you further covenant that you will update any information that you furnish if, and as soon as, you learn that it is inaccurate, incomplete, and/or outdated; this applies, without limitation, to Personal Information.
You acknowledge and accept that Peak Brain will attribute all actions and usage of your Account to you. To the fullest extent permitted by applicable law, you are solely responsible for the security of your password, Account information, and any Personal Information thereto connected; you agree to maintain all such information as confidential at all times, and you agree to accept full responsibility for any decision to disclose and/or failure to protect your such information to the fullest extent permitted by applicable law. In this connection, to the fullest extent permitted by applicable law, you agree (i) that you are solely responsible for any actions and omissions relating to your Account and/or its nexus to our Services, including as it relates to the use and/or misuse of Personal Information, and (ii) you shall not hold Peak Brain or its Affiliates liable for any compromise of or any unauthorized access to and/or use of your Personal Information, or for otherwise relying on the authority of anyone using your login credentials and/or otherwise accessing your Account. You shall immediately alert us to any breach of your Account. You acknowledge and agree that you shall remain particularly vigilant of your Account security when using a public or shared network and/or computer. If you have an Account, you promise to exit from your Account at the end of each session using our Services.
a. AI Chat is a generative AI-powered chatbot that responds to your Inquiries with automatically generated replies. Users can input prompts, questions, and inquiries (collectively, “Inquiries”) and AI Chat is designed to provide output, replies, and responses to facilitate access to general resources and information related to your Inquiries (each, a “Response” and collectively, “Responses”). Any such Responses constitute “Peak Brain Content” as defined herein. AI Chat leverages certain generative AI tools (including artificial intelligence and deep learning platforms, algorithms, tools and models made available by third parties) (collectively the “AI Tools”) to collect, analyze, and respond to Inquiries. By using AI Chat, you hereby consent, authorize and direct Peak Brain to share and otherwise disclose all Inquiries and other User Content you provide or otherwise make available to AI Chat with the AI Tools in order to complete your request, process and respond to your Inquiries and as otherwise described in these Terms.
YOU ACKNOWLEDGE AND AGREE THAT AI CHAT IS NOT A HUMAN. AI CHAT IS AN AI-BASED TOOL AND IS NOT A REPLACEMENT FOR HUMAN INTERACTION AND ADVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT PEAK BRAIN DOES NOT GUARANTEE THAT ANY RESPONSES WILL BE HELPFUL OR ACCURATE. GENERATIVE AI TECHNOLOGY IS KNOWN TO HALLUCINATE OR OTHERWISE PROVIDE INCORRECT ANSWERS. YOU UNDERSTAND THIS IS A TOOL AND RESOURCE BUT IS INTENDED ONLY AS A SUPPLEMENT TO YOUR INDEPENDENT CONFIRMATION AND JUDGMENT AND CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER.
b. You represent to us that you are not using AI Chat for the purpose of seeking medical attention, care, or advice. Additionally, as a condition of use, you agree not to (and shall not permit any third party to) make available any User Content or take any action using AI Chat that violates applicable laws or constitutes abuse, harassment, or other inappropriate actions as set forth in the Conditions of Access and Use section.
c. YOU ACKNOWLEDGE THAT THE RESPONSES ARE BASED ON YOUR INQUIRIES AND OTHER USER CONTENT YOU PROVIDE AI CHAT, AND THAT PEAK BRAIN HAS NO CONTROL OVER ANY SUCH USER CONTENT. ACCORDINGLY, ALL RESPONSES ARE PROVIDED “AS IS” AND WITH “ALL FAULTS,” AND PEAK BRAIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO ANY USER CONTENT OR RESPONSES, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, TRUTHFULNESS, TIMELINESS, OR SUITABILITY.
PEAK BRAIN DOES NOT GUARANTEE THE SECURITY OR PRIVACY OF ANY USER CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE LIMITATIONS ASSOCIATED WITH GENERATIVE-AI TECHNOLOGY. AI CHAT MAY MAKE MISTAKES AND PROVIDE YOU WITH INCORRECT INFORMATION. IT IS IMPORTANT THAT YOU PERFORM YOUR OWN RESEARCH AND USE YOUR OWN JUDGEMENT WHEN EVALUATING ANY RESPONSES PROVIDED BY AI CHAT.
AI CHAT AND RESPONSES PROVIDED IN CONNECTION THEREWITH ARE NOT A SUBSTITUTE FOR YOUR OWN RESEARCH AND DILIGENCE AND GUIDANCE FROM YOUR HEALTHCARE PROVIDERS. THE RESPONSES ARE DEPENDENT UPON THE INFORMATION AND CONTENT YOU PROVIDE AS QUERIES TO AI CHAT.
YOU, AND NOT PEAK BRAIN, SHALL BE RESPONSIBLE FOR VERIFYING THE ACCURACY OF ALL INFORMATION CONTAINED WITHIN THE RESPONSES, FOR MAKING DECISIONS, AND FOR COMPLYING WITH ALL LAWS AND APPLICABLE REGULATIONS, AND WILL RELEASE AND WAIVE ANY CLAIMS AGAINST PEAK BRAIN, AND INDEMNIFY PEAK BRAIN FOR ANY CLAIMS, RELATED TO YOUR USE OR RELIANCE ON AI CHAT AND ANY RESPONSES.
a. You Authorize Peak Brain to Effectuate Your Purchase. You should plan for your payment to process immediately upon finalizing your purchase with Peak Brain. Effective immediately, you hereby authorize Peak Brain to: (i) charge your Payment Method in full for all amounts listed at the time of purchase/transaction confirmation, inclusive of any taxes, charges, surcharges, and fees; (ii) disclose your Personal Information, inclusive of your Payment Information, to our Affiliates, as well as our payment providers, and any laboratory companies, shipping providers, and other service providers, as reasonably necessary to facilitate the purchase and/or delivery of our Services and Products and related third-party Offerings; (iii) make use of any other Payment Methods you have submitted in the event that one of your Payment Methods is refused or denied. You represent and warrant that, to the extent you submit Payment Information during the course of using our Services: (i) the entity, organization, or institution connected to such a transaction will honor the charges you have incurred; (ii) you shall be bear full responsibility for all amounts denied, refused, or uncollected by said entity, organization, or institution. You agree that Peak Brain may limit, suspend, or revoke your access if you fail to submit and keep up-to-date a viable Payment Method. Peak Brain does not accept commercial or governmental health insurance plans, are not in-network with any commercial health insurance plans, and are not enrolled with federal or state healthcare programs, such as Medicare and Medicaid. By choosing to use the Services and/or subscribing to the Services, you are specifically choosing to obtain products and services exclusively on a private-pay basis outside of any commercial health insurance plan or federal or state healthcare program. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a state or federal health program beneficiary, you agree that neither you nor Peak Brain will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services. If a third-party (including without limitation an employer, organization, or other sponsor) is designated, authorized, or expected to pay for any portion of the Services or Products on your behalf, whether pursuant to contract or otherwise, you acknowledge and agree that you remain fully financially responsible for all amounts due to Peak Brain in the event such third-party fails or refuses to pay for any reason. Peak Brain reserves the right to seek payment directly from you for any unpaid amounts and to suspend or terminate access to the Services until payment is received.
b. Subscriptions. If you purchase access to certain features and functionality of the Services on a recurring basis (a “Subscription”), the fee for such Subscription (“Service Subscription Fee”) will be billed at the start of the Subscription (“Subscription Service Commencement Date”) and continuously at regular intervals in accordance with your elections at the time of purchase until you cancel your Subscription. Peak Brain reserves the right to change the timing of our billing. Peak Brain reserves the right to change the Subscription pricing at any time. If changes to the Subscription price occur that impact your Subscription, Peak Brain will use commercially reasonable efforts to notify you, such as by sending an email to the email address associated with your Account. If you do not agree with such changes, you may cancel your Subscription as set forth in this section. Peak Brain is not obligated to provide the Service to you until Peak Brain accepts your order by a confirmatory email, SMS/MMS message, or other appropriate means of communication.
(i) Automatic Renewal. If you elect to purchase a Subscription, your Subscription will continue and automatically renew at Peak Brain’s then-current price for such Subscription until terminated in accordance with this Agreement. The frequency at which your Subscription renews (i.e., monthly, annually, etc.) will be designated at the time at you sign up for the Subscription. By subscribing, you authorize Peak Brain to charge the payment method designated in your Account now, and again at the beginning of any subsequent Subscription period. Upon renewal of your Subscription, if Peak Brain does not receive payment, (i) you shall pay all amounts due on your Account upon demand and/or (ii) you agree that Peak Brain may either terminate or suspend your Subscription and continue to attempt to charge your designated payment method until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new Subscription commitment period will begin as of the day payment was received).
(ii) Cancelling Subscriptions Purchased via Peak Brain. If you wish to cancel your Subscription or do not wish your Account to renew automatically, you may do so prior to the date your subscription takes effect or renews by logging into and going to the “Change/Cancel Membership” page of your “Account Settings” at my.peakbrain.health and interacting as necessary with the cancellation interface, or by contacting Peak Brain at grievances@peakbrain.health. If you did not purchase your Subscription directly from Peak Brain, please refer to the party or method through which you purchased your Subscription for cancellation instructions. Your cancellation generally will take effect at the end of the billing cycle in which you cancel, and you will maintain access to your Account until then.
c. Taxes. The fees do not include any applicable Goods and Services Tax (GST) or other taxes that may be due in connection with the Service provided under this Agreement. If Peak Brain determines it has a legal obligation to collect GST from you in connection with this Agreement, Peak Brain shall collect such GST in addition to the fees. If any services, or payments for any services, under this Agreement are subject to any GST in any jurisdiction and you have not remitted the applicable GST to Peak Brain, you shall be responsible for the payment of such GST and any related penalties or interest to the relevant tax authority, and you shall indemnify Peak Brain for any liability or expense Peak Brain may incur in connection with such GST. Upon Peak Brain’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.
d. Membership Purchases through Third-Party Sellers. You may be able to purchase a Peak Brain membership through authorized third-party ecommerce and in-store retailers, made available by Peak Brain in its sole discretion. As applicable for online (ecommerce) orders, you will be charged for your purchase of the membership at the time of purchase, not delivery. When you make such a purchase, you will receive a redemption code (the “Membership Code”) that you must redeem on the Peak Brain website at www.peakbrain.health or as otherwise stated on the third-party seller platform or in an associated communication. You agree and understand that your membership is not active (and the membership time period does not commence) until you redeem the Membership Code on the Peak Brain website.
e. Refund and Account Credit Policy.
i. Subscription Payments. If you cancel your Peak Brain Subscription within forty-eight (48) hours of your initial purchase and you have not received any lab testing services, Peak Brain will provide you with a full refund of your Service Subscription Fee. If you qualify for this refund, it will be processed once you cancel your Subscription. After forty-eight (48) hours from your initial purchase have passed or after you receive lab testing services in connection with your Subscription, whichever comes first, you will no longer be eligible for a refund for any Service Subscription Fee. Payments for recurring membership periods following your first Subscription period are not refundable. No refunds are available for tests that are bundled into the cost of your Peak Brain Subscription but that a clinician declines to order.
ii. Add-On Lab Testing Payments. If you cancel an “Add-On ” lab test, that is any lab test additional to those tests bundled into the cost of your Peak Brain Subscription, within forty-eight (48) hours of the purchase of the Add-On, and you have not received lab testing services in connection with the Add-On, you will receive a full refund of the amount you paid for the Add-On. You do not need to cancel your Peak Brain Subscription to qualify for this refund. If you qualify for a refund of your Add-On, it will be processed once you cancel that Add-On test. After forty-eight (48) hours from your purchase of an Add-On have passed or after you receive lab testing services in connection with the Add-On, whichever comes first, your payment for that Add-On will no longer be eligible for a refund. No refunds are available for Add-Ons that you request but that a clinician declines to order.
iii. Refund Processing Time. Any refunds issued under this policy will be refunded back to your then-current payment method listed in your Peak Brain account. Refunds may take up to thirty (30) days to process.
iv. Refund and Account Credit Policy Changes. We reserve the right to modify or update this refund and account credit policy at any time, for any reason, with or without prior notice.
v. Additional Credit Terms. Credits may only be applied to purchases for Add-Ons and must be used within one (1) year of the date the credit is issued to your Peak Brain account. If you do not use your credit(s) within one (1) year of the date the credit(s) is/are issued, the credit(s) will expire. Credits have no cash value, cannot be reloaded, resold, transferred for value, traded or sold on secondary markets, redeemed for cash, or applied to any other account or membership subscription, except to the extent required by law.
vi. Contact Us. If you have any questions about our refund and account credit policy or need assistance with a refund or credit request, please contact Peak Brain Billing at grievances@peakbrain.health.
f. Free Trials and Other Offers. Peak Brain may offer additional promotions or discounts related to Subscriptions from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the sign-up process will form part of the Agreement. Unless specified in writing, all discount offers that require a payment are non-refundable. Any free trial or promotion must be used within the specified time frame. YOU MAY BE REQUIRED TO HAVE A VALID PAYMENT METHOD ON FILE AND ACCEPT THE TERMS OF AN AUTOMATICALLY RENEWING PAID SUBSCRIPTION, INCLUDING THOSE DESCRIBED IN THIS SECTION, IN ORDER TO INITIATE A FREE TRIAL OR PROMOTIONAL MEMBERSHIP; IF YOU DO NOT CANCEL BEFORE YOUR FREE TRIAL OR PROMOTIONAL MEMBERSHIP PERIOD ENDS, YOUR ACCOUNT WILL BE CONVERTED TO A PAID SUBSCRIPTION AND WILL BE CHARGED IN ACCORDANCE WITH THESE SUBSCRIPTION TERMS.
Eligibility. By accessing our Services, you represent that you are of sound mind and body to agree to our Terms and are in possession of the full rights and/or authorization to: (a) consent to our Terms, (b) agree to and pay for any purchase made by you, whether for your own benefit or the benefit of a third party, (c) authorize all rights and licenses herein granted to Peak Brain and assume all responsibilities, liabilities, debts, and obligations herein required of you, and (d) submit any Personal Information and other data and information provided in connection with our Services, whether for your own benefit or the benefit of a third party. You must be eighteen (18) years of age to make use of Peak Brain's Services.
You Must Be Reasonable and Fair in Accessing and Using Our Services.
a. Peak Brain's rules for access and use of our Services should be easy to follow. Nonetheless, here are a few key points to help you along the path:
i. Treat Peak Brain, our Affiliates, affiliated service providers, and our community members kindly and respectfully.
ii. All information you provide must be complete, truthful, and up-to-date.
iii. Do not attempt to disrupt our technology or misappropriate our intellectual property.
iv. Follow the law at all times in connection with our Services and Products.
b. You hereby represent that you have not used and warrant that you shall not use our Services to directly or indirectly attempt, engage in, aid, abet, support, incite, encourage, perpetrate, and/or otherwise assist any of the following:
i. a violation of a local, state, federal, and/or international law, rule, or regulation;
ii. a violation of municipal, administrative and/or professional rules, standards, guidelines, or requirements;
iii. fraud, misrepresentation, impersonation, or identity theft;
iv. the exploitation or harm of a minor, disclosure of a minor's information, or violation of a minor's privacy;
v. the deliberate submission of false, misleading, invalid, outdated, or inaccurate Personal Information;
vi. an illegal and/or deceptive business practice;
vii. a violation of our rights, the rights of our Affiliates, or the rights of any of our licensors, service providers, or any of their respective Affiliates;
viii. a violation, infringement, or misappropriation of third-party rights, including without limitation infringements of third-party intellectual property rights and violations of third-party rights to privacy;
ix. the unauthorized use or disclosure of a third-party's Personal Information;
x. harassment, trolling, intimidation, stalking, hate speech, bigotry, racism, prejudice, threats of violence, and/or any other abusive conduct;
xi. obscene, lewd, sexually explicit, and/or pornographic content;
xii. slander, defamation, libel or disparagement;
xiii. an effort to offer or render professional advice (e.g., medical, financial);
xiv. any implication of an affiliation with or endorsement by Peak Brain; and/or
xv. an effort to disrupt or interfere with our Services and/or business operations.
Peak Brain reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates this provision, including without limitation, removing any offending content from the Services, suspending or terminating the Account of such violators and reporting you to the law enforcement authorities.
c. You promise that, in the course of using our Services, you shall not introduce and/or circulate malicious content, code, files, or programs, or otherwise engage in malicious conduct. Among other things, you acknowledge and agree that you are not permitted to engage in phishing, harvesting, spamming, or the introduction or circulation of viruses, spyware, worms, Trojan Horses, Easter eggs, keystroke loggers, time bombs, or logic bombs. Furthermore, in connection with our Services, you shall not engage in deceptive business practices, pursue unsolicited and/or unauthorized marketing or advertising, circulate a chain letter or junk mail, or facilitate or participate in a pyramid scheme, or undertake any other form of solicitation that adversely impacts one or more other user's ability to use and/or enjoy our Services.
d. You shall not make efforts to impair, disrupt, overburden, damage, or interfere with the proper working order of any technologies, systems, or operations, belonging to Peak Brain, our Affiliates, our licensors, and/or any of our third-party providers. Under no circumstances shall you make efforts to modify or alter any aspect of our Services or the services of our Affiliates, licensors, and/or third-party providers. This paragraph includes but is not limited to a restriction on manipulation and/or interference with our websites, applications, scheduling systems and services, messaging systems and services, storefront technologies systems, and recordkeeping systems, as well as third-party blood draw services, third-party telemedicine service, and other third-party services arising out of and/or relating to our Services. You shall not attack our Services in any fashion, online or in person, including without limitation by a denial-of-services or distributed denial-of-services attack.
e. Under no circumstances shall you make efforts to decompile, disassemble, reverse engineer, translate, render generically, modify, mimic, duplicate, or otherwise derive any aspect, feature, function, or detail concerning or relating to our Services, except to the extent that such a restriction is expressly forbidden by law; this clause includes, but is not limited to the modification, mimicking, duplication and/or rebranding any Peak Brain Content and/or any technology relating to our Services, as well as the display of Peak Brain Content separate from accompanying text or otherwise out of full context. You are not permitted to use the Peak Brain Content to develop any functions, programs, applications, technologies, or services that leverage the Services.
f. You shall not make efforts to index, copy, extract, download, or otherwise copy or retrieve any of aspect of our Services, including without limitation the Peak Brain Content; this includes, without limitation, a prohibition on use of a spider, data miner, crawler, robot, or similar tool. You are not permitted to link or deep-link to our Site or any of our other Services. You may not utilize framing or mirroring techniques to enclose any item of Peak Brain Content (e.g., logo, name, text, images), and you are forbidden from using "hidden text" that references the Peak Brain Content without the prior express written consent of Peak Brain and/or our third-party licensor(s). You may not and shall not: (i) delete, alter, or remove any copyright designations or notices, trademark designations or notices, or other proprietary designations or notices; or (ii) circumvent any digital rights management systems in connection with our Services; (ii) disable, disarm, bypass, or hack around any of our security systems. Notwithstanding the foregoing, operators of public search engines are granted a limited, revocable, non-sublicensable right to use spiders and provide links in connection with the Peak Brain Content strictly to assist in the legitimate development of a public index that reflects content and information appearing in publicly-facing areas of our Site.
g. During the course of using our Services, you shall not sell, resell, rent, lease, barter, recreate or reproduce, duplicate, copy, modify, create derivative works from, license, sublicense, distribute, publish, perform, transmit, transfer, display, distribute, exhibit, exploit, or otherwise make commercial use of any aspect of our Services, including without limitation any item or aspect of Peak Brain Content, without the prior express written consent of Peak Brain and/or our applicable third-party licensor. The Services are solely for your personal, non-commercial use.
h. You represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You hereby grant Peak Brain a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, irrevocable license to copy, display, share, perform, distribute, store, modify and otherwise use your User Content, and any Usage Data (as defined below), in connection with (a) the operation and provision of the Services, and (b) subject to the Privacy Policy, (i) the improvement or enhancement of the Service, and the development and provision of new products, services and offerings, and for other development and corrective purposes in connection with the Service and other Peak Brain offerings, products or services, (ii) to create aggregated or other de-identified data, and (iii) the marketing or promotion of any of the foregoing, in each case in any form, medium or technology now known or later developed, except to the extent that any use would be prohibited by applicable law. You represent and warrant that any authorized use of your User Content by Peak Brain does and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, and intellectual property rights. You and you alone are responsible for your User Content. Any User Content that you provide to us is at your own risk of Losses. Peak Brain shall not be responsible or liable for any Losses arising out of and/or relating to your User Content.
You hereby authorize Peak Brain and its third-party service providers to derive statistical and usage data relating to your use of the Services (“Usage Data”). We may use Usage Data for any purpose at any time in accordance with applicable law and our Privacy Policy.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME ALL RISK, LIABILITY, AND RESPONSIBILITY FOR DETERMINING THE EXTENT TO WHICH OUR SERVICES AND ANY THIRD-PARTY OFFERINGS AVAILABLE THROUGH OUR SERVICES ARE APPROPRIATE, VIABLE, AND SAFE FOR YOUR USE AND SUITABLE FOR YOUR PARTICULAR NEEDS AND SUFFICIENT FOR YOUR EXPECTATIONS. CERTAIN SERVICES OR PRODUCTS MAY NOT BE APPROPRIATE, VIABLE, SUITABLE, AND/OR SAFE FOR CERTAIN INDIVIDUALS. YOU AGREE THAT, BETWEEN YOU ON THE ONE HAND AND PEAK BRAIN AND OUR AFFILIATES ON THE OTHER HAND, YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR DETERMINING: WHETHER TO MAKE USE OF ANY PRODUCT OR SERVICE; WHETHER AND TO WHAT EXTENT TO SEEK MEDICAL CARE OR OTHER HEALTHCARE SERVICES IN CONNECTION WITH YOUR LAB RESULTS—AND IF SO, FROM WHOM, AT WHAT COST, FOR WHAT PURPOSES, AND TO WHAT EXTENT; AND WHETHER AND TO WHAT EXTENT TO FOLLOW A GIVEN OPINION, RECOMMENDATION, COURSE, TREATMENT, PLAN OR ITEM OF ADVICE. YOU AGREE THAT YOU SHALL RELEASE PEAK BRAIN AND OUR AFFILIATES AND HOLD HARMLESS PEAK BRAIN AND OUR AFFILIATES IN CONNECTION WITH ANY DECISION BY YOU CONCERNING: THE SELECTION, PURCHASE, AND/OR USAGE OF A PRODUCT, SERVICE, OR OTHER OFFERING; WHETHER AND TO WHAT EXTENT TO PURSUE MEDICAL CARE OR HEALTHCARE SERVICES; AND WHETHER AND TO WHAT EXTENT TO FOLLOW A GIVEN OPINION, RECOMMENDATION, COURSE, TREATMENT, PLAN OR ITEM OF ADVICE. You further acknowledge that if a medical provider is not your primary care provider, it is your sole responsibility to follow through with your primary care provider on any medical conditions or treatments suggested in your treatment by any medical provider, and to obtain a medical examination by your primary care provider related to the findings, or lack of findings, in your treatment with a medical provider.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT LEGALLY ALLOWED, YOU ASSUME ALL RISK, LIABILITY, AND RESPONSIBILITY FOR YOUR OWN ACTS AND OMISSIONS IN CONNECTION WITH OUR SERVICES; THIS INCLUDES, WITHOUT LIMITATION, YOUR ACTS AND OMISSIONS IN CONNECTION WITH: (i) YOUR SCHEDULING AND RECEIPT OF SAMPLE COLLECTION SERVICES; (ii) YOUR RECEIPT OF ANY LAB RESULTS (iii) ANY THIRD-PARTY MEDICAL ADVICE AND/OR CARE; AND (iv) THE PURCHASE AND/OR USE OF ANY MEDICAL PRODUCT OR DEVICES. YOU ACCORDINGLY AGREE TO CAREFULLY READ AND FOLLOW ALL INSTRUCTIONS DIRECTED TO YOU BY PEAK BRAIN, OUR AFFILIATES, AND OUR THIRD-PARTY PARTNERS AND PROVIDERS IN CONNECTION WITH OUR SERVICES AND PRODUCTS AND ANY SERVICES AND PRODUCTS THERETHROUGH AVAILABLE. YOU FURTHER AGREE TO ASSUME THE COST OF ALL REPAIRS ARISING OUT OF AND/OR RELATING TO YOUR USE OF OUR SERVICES, OUR PRODUCTS AND RELATED THIRD-PARTY PRODUCTS AND SERVICES.
Subject to these Terms, Peak Brain hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App for another device on which you also agreed to these Terms. Each instance of the Terms that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.
(i) Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:
Peak Brain and you acknowledge that these Terms are concluded between Peak Brain and you only, and not with Apple Inc. (“Apple”), and that as between Peak Brain and Apple, Peak Brain, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Peak Brain’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Peak Brain and you acknowledge that Peak Brain, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Peak Brain and Apple, Peak Brain, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Peak Brain as follows: by e-mail: grievances@peakbrain.health.
Peak Brain and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.
(ii) Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms are between you and Peak Brain only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Peak Brain, and not Google, is solely responsible for Peak Brain’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to Peak Brain’s Google-Sourced Software.
Peak Brain Holds and Reserves Numerous Rights.
a. At any time, for any reason, with or without notice, in our sole discretion, Peak Brain reserves the right to update, improve, modify, alter, limit, suspend, discontinue, and re-introduce any of our Services—and any aspects, portions, details, features, specifications, and functions thereof—as well as adjust or modify any pricing, availability, and timeframes offered with respect to our Services. You agree that Peak Brain will not be liable to you or any third party for any modification, suspension or discontinuance of any of our Services. Without limitation, this paragraph pertains to all Peak Brain Content, all User Content, including without limitation your own, and all other technologies, applications, programs, designs, and offerings connected with and/or supporting our Services.
i. You agree that Peak Brain reserves the right to supplement, delete, or otherwise modify some of all these Terms—or any portions thereof—at any time, for any reason, with or without notice, in our sole discretion. In the event that Peak Brain revises these Terms, your continued and/or subsequent access and/or use of our Services will constitute your unconditional acceptance of the revised Terms. You acknowledge and accept that you are expected to check-back with the page on our Site containing our Terms, as any changes are binding on you. This paragraph applies, without limitation, to Peak Brain's Privacy Policy, which is incorporated by reference into these Terms in its entirety.
ii. You acknowledge and agree that Peak Brain may refuse, suspend, terminate, ban, or otherwise restrict access to our Services to any person, including you, at any time, for any reason, with or without notice, in our sole discretion, without liability for any Losses arising therefrom and/or relating thereto. You recognize and accept that Peak Brain may restrict access to certain aspects of our Services to persons who create an Account and/or remit payment for certain Services. You agree that your acceptance of these Terms does not, in and of itself, grant you access to those areas of Peak Brain's Services requiring payment for access.
iii. To the extent you enter into a separate agreement and/or consent for Services with Peak Brain, and such an agreement or consent contains different termination terms than herein provided, the terms of such separate agreement and/or consent shall control termination as to and only as to the specific Services subject to such an agreement.
b. You acknowledge that, to the extent permitted by applicable law, Peak Brain reserves the right to decide how it will contact you regarding any service messages and other publicly-directed communications—among other options, we specifically reserve the right to use email, push notification, text/SMS message, telephone call, and a website banner—and you agree that any reasonable means of contact selected by Peak Brain (including any of the aforementioned) shall suffice for timely and adequate notice; this provision, embraces, without limitation, communications concerning changes to one or more of the Terms (including without limitation one or more terms set forth in this Privacy Policy). You agree that all other notices, requests, consents, claims, demands, waivers, and other communications that Peak Brain sends to you may be sent to the email that you provided to Peak Brain when you registered for our Services or as updated in connection with your Peak Brain account.
c. To the fullest extent permitted by law, and except as otherwise specified in writing, Peak Brain holds no obligation or responsibility to take action or refrain from acting with respect to the continuation, provision, maintenance, updating, improvement, renovation, and/or modification of: (a) our Services; (b) aspects, portions, details, features, specifications, and functions of our Services; (c) terms and /or conditions relating to our Services; and/or (d) material, data, information, and/or content arising out of or relating to our Services, including without limitation the Peak Brain Content.
d. To the fullest extent permitted under law, all Peak Brain Content—and all copyright, trademark rights, service mark rights, patent rights, and other intellectual property rights and proprietary rights arising out of, relating to, and/or appearing in connection with the Peak Brain Content—are owned by us and/or one of our third-party licensors or other providers and are protected by the intellectual property laws of the United States, India, and other countries. You acknowledge and agree that all names, logos, brands trademarks, service marks, slogans, copyright, and designs, and all rights thereto, arising out of, relating to, and/or appearing in connection with the Peak Brain Content belong exclusively to Peak Brain and/or one of our third-party licensors or other providers, irrespective of the presence of any legal designation or lack thereof, and are subject to protection from misappropriation, misuse, blurring, tarnishing, dilution, impersonation, or other unauthorized exploitation under applicable law; this includes, without limitation, our trademarks, service marks, and/or logos for "Peak Brain," and "Health Portfolio." You acknowledge and agree that: (i) nothing in these Terms, express or implied, grants you any right or license to make use of any names, logos, trademarks, service marks, slogans, designs, patents, copyright, or other Peak Brain Content arising out of, relating to, and/or appearing in connection with our Services; and (ii) these Terms expressly forbid your use any names, logos, trademarks, service marks, slogans, designs, patents, copyright, or other Peak Brain Content arising out of, relating to, and/or appearing in connection with our Services without our prior express written consent and/or the prior express written consent of the third-party who owns and/or has the applicable rights to such intellectual property.
e. To the fullest extent permitted under law, Peak Brain reserves any and all rights and interests not expressly granted by these Terms. You acknowledge and agree that: (i) no right, title, or interest in and to the Peak Brain Content is transferred to you; and (ii) your provision of a Sample or any Personal Information does not afford you any right, title, or interest in and to any research by Peak Brain, our Affiliates, our licensors, and/or our third-party providers or any related Services, Products, documents, data, information, materials, or offerings; you acknowledge and accept that you shall not receive any financial benefits, such as royalties or compensation, by virtue of your provision of the same.
f. Subject to the conditions set forth in these Terms (including but not limited to our Privacy Policy), you hereby grant Peak Brain a perpetual, irrevocable, non-exclusive, royalty-free, fully sub-licensable, fully transferrable worldwide right and license to exercise any and all rights you may have as to any User Content you disclose, generate and/or submit publicly arising out of and/or relating to your use of our Services. Likewise, subject to the conditions set forth in these Terms (including but not limited to our Privacy Policy), you agree that Peak Brain may, in our sole discretion: copy, reproduce, adapt, translate, sell, distribute, syndicate, publish, transfer, communicate, modify, exhibit, advertise, market, create derivative works from, display, make commercial use of (including currently known and future, currently unknown commercial uses), and/or otherwise use your User Content throughout the world in any media in any manner, fashion and/or context we wish. You further agree that you waive any moral rights—including, but not limited to, the rights of attribution—in connection with any content and any data and information arising out of and/or relating to your use of our Services; provided, Peak Brain reserves the right to attribute your User Content to you in our sole discretion, at any time, for any reason. Furthermore, you represent that you have full authority and right to grant these licenses and waive these rights pursuant to our Terms.
g. You acknowledge and agree that any suggestions, ideas, recommendations, complaints, feedback, and other submissions ("Submissions") you provide to Peak Brain shall constitute User Content for the purposes of this Agreement, and shall accordingly be subject to all licenses, waivers, and other terms applicable to User Content hereunder. You recognize that not all User Content (including without limitation Submissions) is subject to protection under the applicable intellectual property laws. You acknowledge that Peak Brain may already be in the process of creating, developing, finalizing, and/or commercializing products, services, content, or other materials that overlap with or are substantially similar one or more Submissions at the time you submit such Submission(s).
Digital Millennium Copyright Act (17 U.S.C. §512)
a. If you believe that your copyrighted work appears in connection with our Services and/or is accessible through our Services in a way that constitutes copyright infringement, please notify Peak Brain by providing us with the following information in writing to the address listed below: (1) the physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf; (2) a description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing; (3) identification of the URL or other specific location where the material or activity you claim to be infringing is located or is occurring; (4) your name, address, telephone number and, if you have one, your e-mail address; (5) a statement by you that you have a good faith belief that use in our Services of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and (6) a statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
b. If you believe you are the subject of an improper infringement claim, please notify Peak Brain by providing us with the following information in writing to the address listed below: (1) the physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf; (2) a detailed description of the copyrighted work you claim has been subject to an improper infringement claim; (3) identification of the URL or other specific location from where the allegedly infringing material has been removed, modified, and/or deleted; (4) your name, address, telephone number and, if you have one, your e-mail address; (5) the following statement: "I hold a legitimate, good faith belief that the allegedly offending material, as herein described, has been subject to complaint, removed, or rendered inaccessible as the result of misidentification, misfeasance, malfeasance, and/or mistake. All of the factual information I have provided in connection with this document is true and correct. I consent to the jurisdiction of the applicable courts and will accept service of process from the person or the agent of the person who sent the initial notice of infringement to Peak Brain. All attestations herein are given under penalty of perjury."
Peak Brain Offers and Utilizes Third-Party Services and Products; However, We Are Not Responsible or Liable for Those Third Parties or Their Services or Products.
During the course of using our Services, Peak Brain may offer you the opportunity to connect with third-party providers; such providers may include, without limitation, payment processing providers, laboratory services providers, data processing and visualization providers, customer service specialists, AI Tool providers, providers of health-related products or services (e.g., supplements, wellness products, wearables or other devices), and telemedicine providers. Notwithstanding the fact that Peak Brain may help facilitate such opportunities with certain third-party medical providers and laboratories, you are free to use any medical provider or laboratory of your choosing. Upon your request, Peak Brain will use best efforts to integrate information you provide to us from such providers into the Peak Brain Service ecosystem. Peak Brain may also offer you the opportunity to receive, view, and interact with content created and/or developed by a third-party. Furthermore, in conjunction with our Services, Peak Brain may offer you the opportunity to purchase and/or receive third-party services, products, content, advertisements, devices, and offerings ("Offerings"). PLEASE CAREFULLY REVIEW THESE DISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY WITH RESPECT TO THIRD-PARTY SERVICES AND PRODUCTS.
Certain products made available for purchase in connection with the Services are manufactured, distributed, or provided by third-parties and may be subject to separate terms and conditions, end-user license agreements, return policies, subscription terms, or other contractual requirements imposed by such third-parties (“Third-Party Product Terms”). By purchasing or using any such product, you acknowledge and agree that you are bound by any applicable Third-Party Product Terms, and that Peak Brain is not responsible for the content, enforcement, or performance of such terms. In the event of a conflict between these Terms and any applicable Third-Party Product Terms, the Third-Party Product Terms shall govern solely with respect to the applicable third-party product or service.
a. NEITHER PEAK BRAIN NOR OUR AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY, QUALITY, EFFICACY, ACCURACY, RELIABILITY, UP-TO-DATENESS, USEFULNESS, TIMELINESS, SAFETY, COST, LEGALITY, OR RESULTS OF ANY THIRD PARTY'S OFFERINGS—OR ANY INFORMATION, RECOMMENDATIONS, OPINION, GUIDANCE, COURSE, TREATMENT, ADVICE, OR CARE PROVIDED IN CONNECTION THEREWITH.
b. NOTWITHSTANDING ANY INTERVIEWS, BACKGROUND CHECKS, OR OTHER VETTING PROCEDURES WE MAY OPT TO CONDUCT, NEITHER PEAK BRAIN NOR OUR AFFILIATES MAKES ANY WARRANTY, REPRESENTATION, GUARANTEE, RECOMMENDATION, REFERRAL, OR OPINION REGARDING ANY THIRD-PARTY PROVIDER'S QUALIFICATIONS, CREDENTIALS, LICENSING, QUALITY OF WORK, CORRECTNESS OF OPINION, OR SOUNDNESS OR APPLICABILITY OF ADVICE. NEITHER PEAK BRAIN NOR OUR AFFILIATES MAKES ANY ENDORSEMENT, WARRANTY, REPRESENTATION, GUARANTEE, RECOMMENDATION, REFERRAL, OR OPINION AS TO ANY SPECIFIC THIRD-PARTY PROVIDER OPINION, RECOMMENDATION, COURSE, TREATMENT, PLAN, ITEM OF ADVICE, OR OTHER OFFERING. YOU ACKNOWLEDGE THAT YOU HAVE SELECTED EACH MEDICAL PROVIDER OR LABORATORY ON YOUR OWN AND THAT NO THIRD PARTY, INCLUDING PEAK BRAIN, HAS REFERRED, ARRANGED OR RECOMMENDED ANY MEDICAL PROVIDER OR LABORATORY TO YOU.
c. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PEAK BRAIN OR NOR OUR AFFILIATES SHALL HOLD ANY LIABILITY OR RESPONSIBILITY WITH RESPECT TO ANY THIRD PARTY ADVICE, INFORMATION, OPINION, GUIDANCE, PLAN, COURSE OF TREATMENT, CARE, TEST RESULT, OR OTHER OFFERING: YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE PEAK BRAIN AND HOLD PEAK BRAIN AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY OFFERING. THE TERMS IN THIS PARAGRAPH EMBRACE, WITHOUT LIMITATION ANY LOSSES ARISING OUT OF AND/OR RELATING TO (i) THE COLLECTION, PROCESSING AND/OR ANALYSIS OF A SAMPLE BY A THIRD-PARTY LABORATORY SERVICES PROVIDER; (ii) THE COMMUNICATION OF LAB RESULTS BY A THIRD-PARTY LABORATORY SERVICES PROVIDER; (iii) ANY ADVICE, OPINION, GUIDANCE, PLAN, COURSE OF TREATMENT, OR CARE OFFERED BY A THIRD-PARTY MEDICAL, HEALTHCARE, AND/OR WELLNESS PROVIDER; (iv) ANY THIRD-PARTY CONTENT YOU ENCOUNTER WHILE USING OUR SERVICES: (v) ANY THIRD-PARTY ADVERTISEMENT PUBLISHED AND/OR CIRCULATED IN CONNECTION WITH OUR SERVICES; AND/OR (vi) ANY THIRD-PARTY PRODUCTS AND/OR DEVICES OBTAINED AND/OR USED BY YOU IN CONNECTION WITH OUR SERVICES. WE ENCOURAGE YOU TO RESEARCH APPLICABLE DOCTORS, SERVICE PROVIDERS, AND MEDICAL PRODUCTS/DEVICES—AND TO SEEK HELP ELSEWHERE OR RECEIVE A SECOND OPINION IF YOU ARE NOT 100% COMFORTABLE WITH ANY THIRD-PARTY ADVICE, GUIDANCE, OPINION, COURSE OF TREATMENT, PLAN, OR PROVIDER. YOU ACKNOWLEDGE THAT OUR SERVICES ARE NOT INTENDED FOR EMERGENCY PURPOSES; IN THE EVENT OF A MEDICAL EMERGENCY, YOU AGREE TO IMMEDIATELY CALL YOUR DOCTOR, VISIT YOUR NEAREST HOSPITAL, OR DIAL 9-1-1.
d. NEITHER PEAK BRAIN NOR OUR AFFILIATES MAKE ANY REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER PROMISES REGARDING THE ACTS OR OMISSIONS OF ANY THIRD-PARTY—INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY MEDICAL SERVICES PROVIDER, FINANCIAL SERVICE PROVIDER, TECHNOLOGY SERVICES PROVIDER, CONTENT PROVIDER, ADVERTISER, OR MANUFACTURER OR DISTRIBUTER -- EVEN IF THOSE THIRD-PARTIES OFFER PRODUCTS, CONTENT, OR SERVICES THAT PEAK BRAIN LINKS TO OR OTHERWISE FEATURES, ADVERTISES, AND/OR BUNDLES IN CONNECTION WITH OUR SERVICES. YOU ACKNOWLEDGE THAT NEITHER PEAK BRAIN NOR OUR AFFILIATES ENDORSES, CONTROLS, ASSUMES LIABILITY FOR, OR OTHERWISE TAKES RESPONSIBILITY FOR ANY ISSUES ARISING OUT OF OR RELATING TO THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDER — EVEN IF ACCESSED THROUGH OUR SERVICES — AND WE MAKE NO REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER PROMISES IN CONNECTION THEREWITH. YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE PEAK BRAIN AND OUR AFFILIATES HOLD PEAK BRAIN AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ALL THIRD-PARTY PRODUCTS, SERVICES, CONTENT, MATERIALS, INFORMATION, AND OTHER OFFERINGS.
e. YOU AGREE THAT NEITHER PEAK BRAIN NOR OUR AFFILIATES PUTS FORTH ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, TITLES, OR INTERESTS — OR ANY RELATED RIGHTS, TITLES, INTERESTS, OR LICENSES — AS THEY ARISE IN CONNECTION WITH OUR PRODUCTS AND/OR SERVICES, OR THE PRODUCTS AND SERVICES OF OUR THIRD-PARTY PROVIDERS.
f. YOU ACKNOWLEDGE AND AGREE THAT NEITHER PEAK BRAIN NOR OUR AFFILIATES HAS ANY CONTROL, INPUT, OR AUTHORITY WITH RESPECT TO ANY THIRD PARTY'S TERMS OF SERVICE, PRIVACY POLICY, OR RELATED POLICIES AND PRACTICES — INCLUDING WITHOUT LIMITATION POLICIES AND PRACTICES RELATING TO THE COLLECTION, STORAGE, AND USE OF YOUR PERSONAL INFORMATION — EVEN IF PEAK BRAIN INCORPORATES, LINKS TO, RELIES ON, OFFERS, FEATURES, AND/OR OTHERWISE FACILITATES ACCESS TO THE OFFERINGS OF SUCH THIRD PARTIES. THIS INCLUDES, WITHOUT LIMITATION, DISCLOSURES REQUIRED TO SATISFY INDEPENDENT LEGAL OR REGULATORY REPORTING OBLIGATIONS AS DESCRIBED IN SECTION 10(d). YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE PEAK BRAIN AND OUR AFFILIATES AND HOLD PEAK BRAIN AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY'S TERMS OF SERVICES PRIVACY POLICY, AND/OR RELATED POLICIES AND PRACTICES. YOU FURTHER ACKNOWLEDGE THAT PEAK BRAIN STRONGLY RECOMMENDS THAT, FOR ALL THIRD-PARTY OFFERINGS YOU ENCOUNTER IN CONNECTION WITH OUR PRODUCTS AND SERVICES, YOU CAREFULLY REVIEW ALL APPLICABLE TERMS OF SERVICE, PRIVACY POLICIES, AND RELATED POLICIES AND PRACTICES PRIOR TO ACCESSING, USING, AND/OR INTERACTING WITH SUCH OFFERINGS.
g. YOU ACKNOWLEDGE AND AGREE THAT NEITHER PEAK BRAIN NOR OUR AFFILIATES HAS ANY CONTROL, INPUT, OR AUTHORITY WITH RESPECT TO ANY THIRD PARTY'S SCHEDULING DECISION, APPOINTMENT CANCELLATION, LATENESS, DELAY, OR FAILURE TO FULLY AND SUCCESSFULLY PROVIDE SERVICES, PRODUCTS, OR OTHER OFFERINGS. YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE PEAK BRAIN AND OUR AFFILIATES AND HOLD PEAK BRAIN AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY'S SCHEDULING DECISION, APPOINTMENT CANCELLATION, LATENESS, DELAY, OR FAILURE TO FULLY AND SUCCESSFULLY PROVIDE A SERVICE, PRODUCT, AND/OR OTHER OFFERING.
h. YOU ACKNOWLEDGE AND AGREE THAT NEITHER YOUR LAB RESULTS NOR ANY OTHER DOCUMENTS, MATERIAL, INFORMATION OR CONTENT WE FURNISH IS INTENDED AS MEDICAL ADVICE OR A SUBSTITUTE THEREFOR, EVEN IF AUTHORED, DISTRIBUTED, EDITED, OR RECOMMENDED BY A LICENSED MEDICAL PROFESSIONAL. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT HOLD PEAK BRAIN OR OUR AFFILIATES RESPONSIBLE OR LIABLE FOR THE TIMING OR SUBSTANCE OF YOUR LAB RESULTS, AND/OR ANY DOCUMENTS, COMMUNICATIONS, DATA, OR INFORMATION RELATING THERETO; TO THE FULLEST PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE PEAK BRAIN AND OUR AFFILIATES AND TO HOLD PEAK BRAIN AND OUR AFFILIATES HARMLESS FROM ANY MATTER ARISING OUT OF AND/OR RELATING TO ANY PEAK BRAIN CONTENT, YOUR LAB RESULTS, AND/OR ANY DOCUMENTS, COMMUNICATIONS, DATA, OR INFORMATION RELATING TO YOUR LAB RESULTS.
i. YOU ACKNOWLEDGE THAT YOU MAY ENCOUNTER THIRD-PARTY INDIVIDUALS AND/OR INTERACTIONS THAT YOU DEEM TO BE HOSTILE, OBSCENE, OFFENSIVE, PREJUDICED, UNLAWFUL, INCOMPETENT, HARASSING, AND/OR OTHERWISE INAPPROPRIATE DURING THE COURSE OF OR AS A RESULT OF USING OUR SERVICES. THIS INCLUDES, WITHOUT LIMITATION, THIRD-PARTY INTERACTIONS AND INDIVIDUALS YOU MAY ENCOUNTER WHEN (i) INTERACTING WITH THIRD-PARTY LABORATORY SERVICES AND/OR THIRD-PARTY TELEMEDICINE SERVICES PROVIDERS, (ii) POSTING AND ENGAGING WITH USER CONTENT, AND (iii) RECEIVING, DISCUSSING, AND/OR COMMUNICATING REGARDING LAB RESULTS. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT HOLD PEAK BRAIN OR OUR AFFILIATES RESPONSIBLE OR LIABLE FOR ANY SUCH THIRD-PARTY INDIVIDUALS AND/OR INTERACTIONS YOU ENCOUNTER IN CONNECTION WITH AND/OR AS A RESULT OF OUR SERVICES; TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE PEAK BRAIN AND OUR AFFILIATES AND HOLD PEAK BRAIN AND OUR AFFILIATES HARMLESS FROM ANY MATTER ARISING OUT OF AND/OR RELATING TO SUCH AN INTERACTION AND/OR INDIVIDUAL.
j. NEITHER PEAK BRAIN NOR OUR AFFILIATES MAKES A WARRANTY OR REPRESENTATION REGARDING ANY INSURANCE OR OTHER HEALTHCARE POLICY, ANY BENEFITS THEREUNDER, OR THE SCOPE, VALIDITY OR ACCEPTABILITY THEREOF. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT HOLD PEAK BRAIN OR OUR AFFILIATES RESPONSIBLE OR LIABLE FOR ANY INSURANCE OR OTHER HEALTHCARE POLICY CLAIMS, COVERAGE, REIMBURSEMENT, OR ACCEPTANCE ISSUES; TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE PEAK BRAIN AND OUR AFFILIATES AND HOLD PEAK BRAIN AND OUR AFFILIATES HARMLESS FROM ANY MATTER ARISING OUT OF AND/OR RELATING TO ANY INSURANCE OR OTHER HEALTHCARE POLICY CLAIMS, COVERAGE, REIMBURSEMENT, OR ACCEPTANCE ISSUES.
k. PEAK BRAIN DOES NOT GUARANTEE THAT WE WILL AUDIT, ANALYZE, OR REVIEW USER CONTENT OR OTHER THIRD-PARTY CONTENT BEFORE IT GOES LIVE. NEITHER PEAK BRAIN, NOR OUR AFFILIATES IS IN ANY WAY RESPONSIBLE FOR WHAT IS PUBLISHED AS USER CONTENT OR OTHER THIRD-PARTY CONTENT IN CONNECTION WITH OUR SERVICES, AND WE ARE UNDER NO OBLIGATION TO EDIT OR CONTROL USER CONTENT OR OTHER THIRD-PARTY CONTENT. WHILE WE LIKE TO MAKE EFFORTS TO HELP OUR USERS, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING RESPONDING TO USER CONTENT ISSUES, THIRD PARTY CONTENT ISSUES, OR OTHER ISSUES ARISING OUT OF, OR RELATING TO OUR SERVICES; IT IS POSSIBLE THAT YOUR ISSUE MAY GO UNADDRESSED. THAT SAID, WE RESERVE THE RIGHT TO DELETE ANY USER CONTENT OR ANY OTHER CONTENT AT ANY TIME FOR ANY REASON WITHOUT NOTICE, CAUSE, OR CONSENT.
To the maximum extent allowable by applicable laws, you hereby release and hold harmless the Peak Brain Parties from and against any and all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, personal injury, property damage, negligence and/or any other legal theory arising from or in connection with the Services and/or the rights and privileges granted or conveyed by you under this Agreement. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD PEAK BRAIN AND OUR AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, SERVICE PROVIDERS, LICENSORS, AND AGENTS (COLLECTIVELY, THE “PEAK BRAIN PARTIES”) HARMLESS IN CONNECTION WITH ANY THIRD-PARTY CLAIM -- AND ALL RELATED LOSSES -- ARISING OUT OF AND/OR RELATING TO YOUR USE OF OUR SERVICES AND/OR PRODUCTS AND/OR YOUR ACTS AND/OR OMISSIONS IN CONNECTION THEREWITH, EXCEPT WITH RESPECT TO ACTS AND/OR OMISSIONS THAT RESULTED FROM PEAK BRAIN'S SOLE NEGLIGENCE, RECKLESSNESS, KNOWING INTENT, OR STRICT LIABILITY. THIS INDEMNIFICATION PROVISION EMBRACES, WITHOUT LIMITATION: (i) YOUR USE AND/OR MISUSE OF OUR SERVICES, OUR PRODUCTS, AND/OR ANY THIRD-PARTY SERVICES OTHER OFFERINGS ARISING OUT OF AND/OR RELATING TO OUR SERVICES AND/OR PRODUCTS (INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY); (ii) ANY ACTS AND/OR OMISSIONS TAKEN AS A RESULT OF YOUR RECEIPT OF LAB RESULTS AND/OR PEAK BRAIN CONTENT; (iii) ANY THIRD-PARTY OPINION, RECOMMENDATION, COURSE OF TREATMENT, PLAN, AND/OR ITEM OF ADVICE THAT CONCERNS, ARISES OUT, RELATES TO, INCORPORATES, EMANATES FROM, AND/OR BEARS ON OF THE USE OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ACTIONS, OMISSIONS, OR SERVICES PROVIDED BY THIRD-PARTY DOCTORS, HEALTHCARE PROVIDERS, TEST VENDORS, AND LABORATORIES; (iv) ANY USAGE, DISCLOSURE, DECISION, ACT, AND/OR OMISSION ARISING OUT OF, RELATING TO, AND/OR RESULTING FROM LAB RESULTS AND/OR PEAK BRAIN CONTENT; (v) ANY INFORMATION AND/OR DATA YOU PROVIDE TO US AND/OR ONE OR MORE OF OUR AFFILIATES, LICENSORS, AND THIRD-PARTY SERVICES PROVIDER, INCLUDING WITHOUT LIMITATION ANY USER CONTENT AND SELF-REPORTED PERSONAL INFORMATION; (vi) YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY AND/OR SECURITY OF YOUR PASSWORD, ACCOUNT INFORMATION, OR PERSONAL INFORMATION; (vii) YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS (E.G. PRIVACY, CONFIDENTIALITY, INTELLECTUAL PROPERTY); AND (viii) YOUR VIOLATION OF ONE OR MORE TERMS, INCLUDING WITHOUT LIMITATION ANY BREACH OF REPRESENTATION, WARRANTY, OR COVENANT SPECIFIED IN THIS THESE TERMS. YOU SPECIFICALLY AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY CLAIMS, ACTIONS, OR DEMANDS ARISING OUT OF OR RELATING TO THE ACTIONS, OMISSIONS, OR SERVICES PROVIDED BY THIRD-PARTY DOCTORS, HEALTHCARE PROVIDERS, TEST VENDORS, AND LABORATORIES. THIS PARAGRAPH APPLIES TO ALL MANNERS OF CLAIMS, WITHOUT EXCEPTION. YOU ACKNOWLEDGE AND AGREE THAT THE PEAK BRAIN PARTIES RESERVE THE EXCLUSIVE RIGHT TO CONTROL THE DEFENSE, SETTLEMENT, AND SELECTION OF COUNSEL IN CONNECTION WITH ANY CLAIM FOR WHICH YOU ARE BOUND TO PROVIDE INDEMNIFICATION BY THE TERMS AND CONDITIONS SET FORTH IN THIS PARAGRAPH OR ANY OTHER TERM OR CONDITION, AT YOUR COST AND EXPENSE. PEAK BRAIN WILL MAKE A GOOD-FAITH EFFORT TO NOTIFY IF WE LEARN OF ANY CIRCUMSTANCES THAT GIVE RISE TO THE INDEMNIFICATION OBLIGATIONS HEREIN SPECIFIED.
CERTAIN JURISDICTIONS MAY LIMIT OR FORBID CERTAIN OF THE EXCLUSIONS, LIMITATIONS, WAIVERS AND/OR DISCLAIMERS APPEARING THROUGHOUT THIS AGREEMENT. ACCORDINGLY, IT IS POSSIBLE THAT THE FOLLOWING MAY NOT APPLY TO YOU IN ITS ENTIRETY. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, YOU HEREBY AGREE TO THE ALL OF THE FOLLOWING DISCLAIMERS AND WAIVERS, IN THEIR ENTIRETY:
a. THE PEAK BRAIN PARTIES DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO ANY SERVICES OR PRODUCTS, OR ANY ASPECT THEREOF THAT IS NOT EXPRESSLY STATED IN THESE TERMS. ALL SERVICES AND PRODUCTS AND ASPECTS AND FEATURES THEREOF ARE PROVIDED "AS IS,'' "WITH ALL FAULTS", AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, ACCURACY, AND VALUE). PEAK BRAIN MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) ANY CONTENT PROVIDED THROUGH THE SERVICE IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. THIS PARAGRAPH APPLIES REGARDLESS OF WHETHER THE WARRANTY IN QUESTION IS EXPRESS OR IMPLIED, OR WHETHER THE WARRANTY ARISES IN THE COURSE OF PERFORMANCE, USAGE OF TRADE, DEALING, OR OTHERWISE. THIS PARAGRAPH APPLIES, WITHOUT LIMITATION, TO OUR LAB RESULTS, PEAK BRAIN CONTENT, PERSONALIZED OFFERINGS, THIRD-PARTY OFFERINGS, AND ALL MATERIAL, DATA, INFORMATION, AND CONTENT RELATING THERETO.
b. WITH RESPECT TO ANY "FORWARD-LOOKING STATEMENTS," PEAK BRAIN DISCLAIMS ALL DUTIES, DEBTS, OBLIGATIONS, AND LIABILITIES.
c. THOUGH CERTAIN ASPECTS OF THE PEAK BRAIN CONTENT, LAB RESULTS, AND OTHER THIRD-PARTY MATERIALS AND SERVICES FACILITATED THROUGH PEAK BRAIN MAY BE PROVIDED BY HEALTHCARE PROFESSIONALS, NEITHER PEAK BRAIN NOR OUR AFFILIATES OFFERS YOU MEDICAL ADVICE, OPINION, GUIDANCE, DIAGNOSIS, TREATMENT, OR CARE, OR ANY OTHER MEDICAL SERVICES, IN THE COURSE OF PROVIDING SERVICES OR OTHERWISE. PEAK BRAIN DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE BY MEDICAL PROVIDERS OR THE PROVISION OF LABORATORY SERVICES BY LABORATORIES, EACH OF WHOM IS SOLELY RESPONSIBLE FOR THE MEDICAL CARE, LABORATORY SERVICES AND TREATMENT PROVIDED TO YOU.
d. NEITHER PEAK BRAIN NOR OUR AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY, QUALITY, EFFICACY, ACCURACY, RELIABILITY, UP-TO-DATENESS, USEFULNESS, TIMELINESS, SAFETY, OR RESULTS OF ANY OF OUR SERVICES -- EITHER GENERALLY, OR WITH RESPECT TO ANY PERSON'S OR ENTITY'S SPECIFIC, INDIVIDUAL NEEDS. THIS PARAGRAPH EMBRACES, WITHOUT LIMITATION, A LACK OF WARRANTY AND REPRESENTATION REGARDING ANY LAB RESULTS AND ANY PEAK BRAIN CONTENT. YOU AGREE THAT NEITHER PEAK BRAIN NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY LOSSES ARISING OUT OF AND/OR RELATING TO YOUR RELIANCE ON ANY LAB RESULTS, PEAK BRAIN CONTENT AND/OR ANY OTHER DATA AND/OR INFORMATION ARISING OUT OF AND/OR RELATING TO OUR SERVICES THAT CONTAINS AN OMISSION, MISTAKE, ERROR. YOU AGREE THAT NEITHER PEAK BRAIN NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY LOSSES ARISING OUT OF AND/OR RELATING TO YOUR INABILITY TO ACCESS DATA OR INFORMATION OBTAINED IN CONNECTION WITH OUR SERVICES AND/OR ANY OF OUR THIRD-PARTY PROVIDERS' SERVICES -- INCLUDING WITHOUT LIMITATION AS RESULT OF DELETION, FAILURE IN TRANSMISSION, INTERRUPTION, DELAY, DEFECT, UNAUTHORIZED ACCESS, THEFT, VIRUS, OPERATIONAL FAILURE, COMMUNICATIONS FAILURE, DESTRUCTION, AND/OR AN ACT OF GOD.
e. NEITHER PEAK BRAIN NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT THE PEAK BRAIN CONTENT OR ANY LAB RESULTS WILL BE COMPLETE, ACCURATE, USEFUL, PRECISE, UP-TO-DATE, AVAILABLE, RELIABLE, OR OF A CERTAIN STANDARD OR QUALITY. YOU ACKNOWLEDGE THAT, WITH RESPECT TO OUR SERVICES, YOUR ACCESSIBILITY, VISIBILITY, AND SPEED OF USE MAY BE IMPACTED BY SUCH FACTORS AS LOCATION, CONNECTION, DEVICE TYPE, BANDWIDTH, AND CONCURRENT TRAFFIC. YOU AGREE THAT PEAK BRAIN SHALL NOT BE LIABLE FOR THE UNAVAILABILITY OF OUR SERVICES OR ANY ASPECT THEREOF.
f. PEAK BRAIN USES CERTAIN SAFEGUARDS TO REASONABLY PROTECT THE SECURITY AND INTEGRITY OF YOUR PERSONAL INFORMATION. NONETHELESS, YOU ACKNOWLEDGE AND ACCEPT THAT -- EVEN WITH THE MOST ROBUST SECURITY POLICIES AND PRACTICES -- PEAK BRAIN CANNOT GUARANTEE OR PROMISE THAT (i) SUCH INFORMATION OR ANY OTHER INFORMATION, DATA, CONTENT, MATERIAL, OR TECHNOLOGY, WILL BE 100% SAFE FROM UNAUTHORIZED ACCESS AND/OR USE; (ii) OUR TECHNOLOGIES, CONTENT, AND MATERIALS WILL REMAIN FREE OF HARMFUL OR DESTRUCTIVE COMPONENTS LIKE MALWARE, TROJAN HORSES, WORMS, AND VIRUSES; (iii) OUR SERVICES WILL NOT BE IMPACTED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK; OR (iv) OUR COLLECTION, RECEIPT, STORAGE, AND TRANSMISSION OF SUCH INFORMATION OR ANY OTHER INFORMATION, DATA, CONTENT, MATERIAL, OR TECHNOLOGY WILL REMAIN UNINTERRUPTED OR COMPLETELY SECURE. PEAK BRAIN AND OUR AFFIIATES ACCORDINGLY DISCLAIM ALL LIABILITY ARISING OUT OF AND/OR RELATING TO THE SECURITY, INTEGRITY, AND/OR UNAUTHORZED ACCESS OR USE OF YOUR DATA AND INFORMATION (INCLUDING WITHOUT LIMITATION YOUR PERSONAL INFORMATION), EXCEPT TO THE EXTENT IT RESULTS FROM THE RECKLESSNESS AND/OR INTENTIONAL MISCONDUCT OF PEAK BRAIN AND/OR ONE OR MORE OF OUR AFFILIATES; THE TERMS IN THIS PARAGRAPH EMBRACE, WITHOUT LIMITATION ANY LOSSES, ARISING OUT OF AND/OR RELATING TO ANY VIRUS, MALWARE, DISTRIBUTED DENIAL OF SERVICE ATTACK OR OTHER HARMFUL CODE OR MATERIALS THAT MAY IMPACT YOUR DATA, INFORMATION, DEVICE, COMPUTER, PERSONAL INFORMATION, OR OTHER PROPERTY (INTELLECTUAL OR OTHERWISE) AND ARISE OUT OF AND/OR RELATE TO YOUR USE OF OUR SERVICES, AS WELL AS ANY UNAUTHORIZED GRANT OF ACCESS TO YOUR ACCOUNT AND/OR INFORMATION ON THE BASIS OF FALSE PRETENSES, STOLEN AND/OR MISAPPROPRIATED LOGIN/PASSWORD INFORMATION, SOCIAL ENGINEERING, OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE THAT YOUR TRANSMISSION OF DATA AND INFORMATION IN CONNECTION WITH OUR SERVICES IS AT YOUR OWN RISK.
g. NEITHER PEAK BRAIN NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT OUR SERVICES (INCLUDING BUT NOT LIMTED TO SERVICES RELATING TO THE FACILITATION OF LABORATORY SERVICES, THE RECEIPT OF LAB RESULTS, AND THE FACILITATION OF TELEMEDICINE SERVICES) HAVE FUNCTIONED OR WARRANT THAT THEY WILL FUNCTION IN A MANNER THAT IS ERROR-FREE AND UNINTERRUPTED. NEITHER PEAK BRAIN NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT WE WILL ADDRESS ANY MALFUNCTIONS OR DEFECTS, PRESERVE ANY PEAK BRAIN CONTENT, LAB RESULTS, OR OTHER DOCUMENTS AND/OR INFORMATION, REVIEW ANY PRODUCTS OR SERVICES, OR CONDUCT ANY UPDATES OR IMPROVEMENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE PEAK BRAIN PARTIES (AS DEFINED BELOW) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, RELIANCE OR SPECIAL DAMAGES -- OR FOR ANY LOSSES ARISING THEREFROM AND/OR RELATING THERETO -- IRRESPECTIVE OF (i) THE NATURE AND THEORY OF LIABILITY, (ii) THE FORESEEABILITY OF HARM OR DAMAGES, (iii) WHETHER PEAK BRAIN WAS ADVISED AS TO THE POSSIBILITY OF HARM OR DAMAGES, (iv) WHETHER THERE WAS AN ACQUISITION OF SUBSTITUTE GOODS AND/OR SERVICES, AND (v) WHETHER A REMEDY FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT, IF YOU ARE NOT FULLY SATISFIED WITH OUR SERVICES OR ANY PORTION THEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF A PEAK BRAIN PARTY IN CONNECTION WITH PEAK BRAIN'S SERVICES, PRODUCTS, AND/OR THESE TERMS SHALL BE THE GREATER OF (i) $100.00 U.S.D. OR (ii) AMOUNTS ACTUALLY PAID BY YOU FOR THE RECEIPT OF THE SUBJECT SERVICES AND/OR PRODUCTS IN THE PAST SIX (6) MONTHS. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY MATTERS ARISING OUT OF AND/OR RELATING TO THE RECKLESSNESS AND/OR INTENTIONAL MISCONDUCT OF A PEAK BRAIN PARTY. FURTHERMORE, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO MATTERS ALLEGING A BODILY INJURY OR DEATH DIRECTLY AND PROXIMATELY CAUSED BY THE ACTIONS AND/OR OMISSIONS OF A PEAK BRAIN PARTY. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO ANY INDEMNIFICATION OBLIGATIONS SET FORTH IN THESE TERMS. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO LOSS OF USE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS AND/OR OPPORTUNITY, LOSS OF REVENUE, PROPERTY DAMAGE, HARM TO REPUTATION, LOSS OF GOODWILL, HARM TO THE RIGHT OF PRIVACY, EMOTIONAL DISTRESS DAMAGES, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA, AND TECHNICAL MALFUNCTION. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO PEAK BRAIN'S SERVICES RELATING TO: THE FACILITATION OF THIRD-PARTY LABORATORY SERVICES, THE RECEIPT OF LAB RESULTS, THE FACILITATION OF THIRD-PARTY TELEMEDICINE SERVICES, INFORMATION SHARING, RESEARCH, DATA COMPILATION AND ANALYSIS, AND CONTENT CREATION. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PEAK BRAIN AND YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE: (i) YOU SHALL NOT, DIRECTLY OR INDIRECTLY, MAKE ANY EFFORT TO ENJOIN PEAK BRAIN OR OTHERWISE RESTRAIN US FROM PROVIDING SERVICES; (ii) YOU ARE NOT ENTITLED TO ANY INJUNCTIVE OR EQUITABLE RELIEF IN CONNECTION WITH THESE SERVICES. THIS PROVISION APPLIES, WITHOUT LIMITATION, TO PEAK BRAIN'S SERVICES RELATING TO: THE FACILITATION OF THIRD-PARTY LABORATORY SERVICES, THE RECEIPT OF LAB RESULTS, THE FACILITATION OF THIRD-PARTY TELEMEDICINE SERVICES, INFORMATION SHARING, RESEARCH, DATA COMPILATION AND ANALYSIS, AND CONTENT CREATION.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate. This Section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disagreements, controversies, disputes, or claims that have arisen or may arise between you and Peak Brain, whether arising out of or relating in any way to these Terms (including any alleged breach thereof), the Service, the Site, the Mobile App, or any aspect of the relationship or transactions between us (each a “Dispute”), shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that (i) you and Peak Brain may assert individual claims in small claims court, if such claims qualify and remain in small claims court; and (ii) you or Peak Brain may seek equitable relief in court for infringement or other misuse of intellectual property rights. This Arbitration Agreement does not preclude you from bringing issues to the attention of a government regulator, which can, if the law allows, seek relief against us on your behalf.
b. Waiver of Jury Trial. There is no judge or jury in arbitration. You and Peak Brain agree that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above.
c. Individual Claims Only. Each of us may bring claims against the other only on an individual basis, not as part of a class, collective, or representative action, and the arbitrator may award relief only in favor of the individual party seeking it. If a final, non-appealable decision holds this subsection unenforceable as to a particular claim, that claim — and only that claim — may be litigated in the courts of Bangalore, India, instead of arbitrated.
d. Informal Resolution First. Before starting an arbitration, write to us at grievances@peakbrain.health describing the Dispute and give us 30 days to try to resolve it informally. Either side may ask to speak by phone as part of that effort.
e. Rules and Forum. This Arbitration Agreement is governed by the Arbitration and Conciliation Act, 1996 of India (as amended). If informal resolution does not work within 30 days, either party may commence binding arbitration, seated in Bangalore, India, before a mutually agreed arbitrator, or one appointed under the Act if the parties cannot agree within 35 days. A party starting arbitration sends a written Demand to grievances@peakbrain.health describing the claim and the relief sought.
f. Confidentiality. Materials and documents exchanged during arbitration are kept confidential, except as needed to share with each side's own attorneys, accountants, or advisors, who must agree to the same confidentiality.
g. Authority of Arbitrator. The arbitrator has exclusive authority to resolve any Dispute, including questions about the enforceability of this Arbitration Agreement, except that any challenge to the "Individual Claims Only" subsection above is decided by a court, not the arbitrator. The arbitrator's award is final, written, and binding, and judgment on it may be entered in any court of competent jurisdiction.
h. Costs. Each side bears its own attorneys' fees and costs, unless the arbitrator finds a claim was brought in bad faith or for an improper purpose, in which case the arbitrator may order that party to reimburse the other's filing and arbitrator costs.
i. 30-Day Right to Opt Out. You can opt out of this Arbitration Agreement by writing to grievances@peakbrain.health within 30 days of first becoming subject to it, with your name, address, account email, and a clear statement that you are opting out. The rest of these Terms still apply to you if you opt out.
j. Severability. If any part of this Arbitration Agreement is found unenforceable, that part is severed and the rest continues in force, except that if the "Individual Claims Only" subsection is found unenforceable, this entire Arbitration Agreement is void and all Disputes will instead be heard in the courts of Bangalore, India.
k. Future Changes. We may update this Arbitration Agreement. We will notify you of any future material change. Your continued use of the Site and/or Service following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. You keep the right to opt out described above for any version of this Arbitration Agreement you have not already opted out of.
You may elect to deactivate your account with Peak Brain, cease using our Services, delete your Account, and/or terminate your agreement to these Terms at any time by sending an email to grievances@peakbrain.health.
i. You acknowledge and agree that your decision to deactivate, cease or end usage, and/or terminate this Agreement does not automatically entitle you to a credit, rebate, refund, or discount and may result in the removal and/or deletion of your Account, your Personal Information, and/or your User Content, at Peak Brain's sole election and discretion. Note that doing so may result in deletion of all of your data and information stored on the Services or shared via the Services, and we will bear no responsibility for such loss of data or information; provided that we may retain any information or data as permitted under these Terms and subject to our rights under the Privacy Policy, or as may be necessary or advisable in order to comply with any applicable law, rule, statute, order or regulation.
ii. Termination of your agreement to these Terms shall not prejudice or affect any right of action or remedy which has accrued or will thereafter accrue to either Party with respect to a breach of any representations, warranties, covenants, and/or other obligations hereunder. Each term and condition within these Terms that, either expressly or by implication and/or nature, is reasonably intended to survive the termination of this Agreement shall so survive—until its purpose is fulfilled or moot, or otherwise indefinitely—regardless of which Party terminates this Agreement; this includes, without limitation terms and conditions pertaining to (a) waiver, (b) assumption of risk, (c) limitation and/or exclusion of liability, (d) indemnification, (e) applicable representations, warranties and covenants, and (f) Peak Brain's rights and licenses with respect to your data, information and User Content. The Parties acknowledge and agree that, insofar as any of the Terms contain one or more provisions which are not applicable as to this Subsection the parties acknowledge and agree that the inapplicable provision(s) shall simply be severed from interpretation, and that the rest of the provisions shall survive as described in this Subsection.
iii. As permitted by applicable law, Peak Brain may still retain and use your Personal Information after you have deleted your Account. For more information, please review our Privacy Policy.
a. Choice of Law. Any Claim arising out of or relating to a Peak Brain Party, our Services, our Products, a transaction in connection with one or more Products and/or Services, one or more of third-party Offerings arising out of and/or relating to our Services and/or Products, and/or the Terms will be construed and governed in accordance with the laws of India, without regard to its conflict of laws principles.
b. Venue and Jurisdiction. Except to the extent that a dispute is arbitrated or brought in small claims court pursuant to Section 17 below, the parties agree that all disputes must be litigated in the courts of competent jurisdiction in Bangalore, India. You and Peak Brain each waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens.
c. Indian Jurisdiction; Foreign Access. Peak Brain and its properties are located in and operated from India. Our Services are intended primarily for use by persons located in India. Peak Brain does not intend to be subject to any law or jurisdiction outside of India, under any circumstances, and you agree that you shall not pursue any claims, disputes, or controversies against Peak Brain insofar as they are subject Peak Brain to non-Indian law or jurisdiction. Moreover, you acknowledge and agree that Peak Brain makes no representation or warranty that our Services -- including without limitation our Site, the Peak Brain Content and any Lab Results relating to our Services -- are accessible, legally permitted, and/or appropriate for consumption in any countries or jurisdictions outside of India. It may not be legal for your and/or other persons to access this Site based on the country or jurisdiction in which you and/or such persons are located; you accordingly assume all risk, liability, and responsibility in connection with accessing this Site outside of India and complying with any laws, rules, regulations, or guidelines applicable thereto. Furthermore, insofar as you are resident of a country other than India and/or located in such a country when accessing our Services, you acknowledge that you are engaging in the transfer of data and information to India, which may have less protective data laws, privacy regulations, and disclosure regulations than your country of residency and/or location.
d. Except as expressly permitted otherwise in writing by Peak Brain, you may not assign, delegate, sell, or transfer any of your rights or obligations under these Terms. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. Notwithstanding anything herein contrary, Peak Brain may freely assign, delegate, sell, and/or transfer our rights and obligations under these Terms—and any assets relating to, arising out of, and/or concerning these Terms—including without limitation circumstances of sale, merger, acquisition, reincorporation, consolidation, reorganization, or other change of control. These Terms will be binding on the Parties' heirs, permitted assigns, administrators, and other legal represents, and shall inure to the benefit of the Parties and any of its successors and/or assigns.
e. You acknowledge and agree that Peak Brain shall not hold any liability or responsibility for any Losses—or be deemed to have defaulted or breached these Terms—for any failure or delay in fulfilling or performing any term of these Terms that results from factors beyond the scope of our reasonable control. This includes without limitation, acts of God, weather, the slowdown or shutdown of carriers, transportation, and/or utilities, strikes and protests, border delays, health crises and/or pandemic illnesses, closures and/or lockdowns, acts of warfare and/or terrorism, and actions taken by government agencies.
f. If any of the Terms herein—or any portion(s) of any terms or conditions —are held unenforceable, the impact of that unenforceability (i.e. limitation or exclusion of terms) will be construed as narrowly as possible to the extent permitted by applicable law and it does not invalidate or render unenforceable such term or provision in any other jurisdiction; moreover, the remainder of these Terms—and all other portions thereof—shall nevertheless remain in full force and effect to the extent legally permissible.
g. Any translation of these Terms, your Lab Results, and/or the Peak Brain Content is merely provided as a convenience. Any discrepancy or dispute involving a translated version of these Terms, your Lab Results, and/or the Peak Brain Content and the English version thereof shall be resolved in favor of the English version. Our headings and section titles in these Terms are provided strictly for your convenience; they have no binding or representative effect on either Party.
h. No waiver under these Terms is effective unless it is in writing, identified as a waiver to these Terms, and signed by an authorized representative of the Party waiving its right(s). The Parties agree that any failure by either Party to require the other's strict adherence to any term or condition herein shall, in no manner, be construed as a waiver of any right(s) by that Party, nor shall such a failure be construed to remove or dilute the effect of any term, condition, or requirement stated in these Terms. These Terms may not be amended or modified unless specified in writing and bearing the consent of both Parties.
i. Insofar as these Terms include any errors or ambiguities related to spelling, grammar, or syntax—or any other clear errors or ambiguities—these errors and ambiguities shall be construed to reflect the intent of the Parties. This includes, without limitation: (a) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word "and" vs. "or" vs. "and/or"; and (b) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word "including" -- which shall mean "including without limitation," rather than as point of exclusion, unless otherwise noted; (c) any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word "Service" vs. "Services" vs. "Service(s)" —which shall not render any language inapplicable by virtue of the fact that it does or does not refer to more than one (1) Service. The Parties agree that the Terms shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favoring or burdening any of the Parties by virtue of the authorship of any term or condition herein appearing; the language used herein will be deemed to be the language chosen by the Parties hereto to express their mutual intent, and no rule of strict construction will be applied against any Party.
j. All notices, requests, consents, claims, demands, waivers, and other communications from you to Peak Brain in connection with these Terms (each, a "Notice") shall be in writing and addressed to Peak Brain at the address on this website. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid) or certified or registered mail (in each case, return receipt requested, postage prepaid).
k. These Terms benefit solely the Parties and their permitted assigns and nothing in these Terms, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
l. These Terms, including without limitation the Privacy Policy, along with any further membership agreement and/or any other consent for Services to which you have consented, collectively, constitute the entire agreement between you and Peak Brain with respect to our Services and supersede all prior and/or contemporaneous agreements between you and Peak Brain, whether oral or written, arising out of and/or relating to our Services. In the event of any conflict between a term and/or condition between you and Peak Brain, on the one hand, and a third-party term and/or condition, on the other hand, Peak Brain's term and/or condition shall control.
m. Referral Program Terms.
If you are participating in the Peak Brain Referral Program (“Referral Program”), the following terms and conditions (“Referral Program Terms”) apply to your participation, in addition to all other provisions of these Terms and Peak Brain’s Privacy Policy. Referral partners can be individuals — including healthcare professionals and content creators or influencers — as well as organizations such as hospitals or clinics.
(i) Modification or Termination of The Referral Program. The Referral Program is offered at the discretion of Peak Brain and we reserve the right to terminate, suspend, or modify the Referral Program and the Referral Program Terms, in whole or in part, at any time, for any reason. Without limiting the generality of the foregoing, we may deactivate your Code (as defined below), modify the Referral Fee (as defined below), conditions of participation in the Referral Program, or any other aspect of the Referral Program, effective immediately. Any material modifications to the Referral Program or the Referral Program Terms will be communicated by email and/or the Site, and these Terms will be updated accordingly. Your continued participation in the Referral Program following the effective date of such modifications will be deemed your agreement and binding acceptance of such modifications.
(ii) Eligibility. The Referral Program is available to you if you have an active Account. If at any time your circumstances change in a way that impacts your eligibility, notify us by sending an email to grievances@peakbrain.health. If we believe you are in breach of the eligibility requirements in these Referral Program Terms, we may reject, suspend, or terminate your participation. If your Account is terminated for any reason, your participation in the Referral Program will automatically terminate effective immediately. To participate, you must provide the payment details we request for the purpose of receiving Referral Fees. That payment information is handled under our Privacy Policy and used solely to pay Referral Fees.
(iii) Referral Code. Each participant in the Referral Program will be provided with a personal referral code (“Code”) to share with their network for the purposes of generating referrals, subject to the following conditions.
1. Your Code is personal to you and intended to be shared by you directly and personally with your own network. You must not share your Code with any individual engaged in a commercial operation in connection with membership enrollment or using discount codes, or otherwise employ another individual to promote or circulate your Code.
2. Where you promote your Code as an influencer or content creator, you must at all times comply with the Advertising Standards Council of India’s (“ASCI’s”) Guidelines for Influencer Advertising on Digital Media, including clear disclosure that your content is a paid partnership or material connection. In the event we become aware of your violation of these guidelines or the Content Guidelines, or suspect a violation (in each case, as determined by us in our sole discretion), we reserve the right to deactivate your Code immediately and otherwise suspend or terminate your participation in the Referral Program and you will not have the right to receive any Referral Fees.
3. You cannot use your Code to purchase membership for you (e.g., renew your membership) or for another person.
4. You must not, directly or indirectly: (i) utilize any scripts, bots, automatic dialers, or other artificial intelligence or automated technologies to circulate your Code and/or related communications in mass distribution fashion; (ii) share or distribute your Code by text, WhatsApp, call, or email in a manner that violates TRAI’s Telecom Commercial Communications Customer Preference Regulations or any other applicable law; or (iii) take any actions intended to influence an individual’s purchase of laboratory testing or healthcare service.
5. You must not directly or indirectly post or otherwise promote your Code on any commercial media properties, including without limitation any commercial website and social media account, such as those websites accounts which furnish (or purport to furnish) consumers with coupon codes and/or otherwise leverage referral traffic.
(iv) Compensation.
Referral Fee: You will receive a referral fee (the “Referral Fee”) for each Qualifying Referral, in an amount determined by Peak Brain in its sole discretion and subject to the Referral Program Terms.
Tracking Qualifying Referrals. We will provide you with periodic updates via email regarding the number of Qualifying Referrals generated using your Code.
Remitting Referral Fee. We will pay you the Referral Fees due to you using the payment details you provided us. You will receive payment for referrals within thirty (30) days after the referral qualifies for payment.
(v) Limitations on Referral Fee.
The Referral Fee is payable on a Qualifying Referral’s first membership payment only, and not on any renewal and/or other purchases of Peak Brain’s Services by a Qualifying Referral. Limit one Referral Fee per Qualifying Referral.
(vi) General Conditions.
Our measurement of Qualifying Referrals will be the sole source of determining whether and to what extent you will receive any Referral Fees. To the fullest extent permitted by law, we retain the sole and final decisional authority regarding (a) whether to issue a Referral Fee to you; and (b) whether a Referral Fee was improperly issued to you.
You are solely responsible for ensuring we have your current payment details. Peak Brain is not responsible for any returned or failed payments caused by out-of-date or incorrect details.
(vii) License. Notwithstanding any provision to the contrary in these Terms, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, license during the term of your participation in the Referral Program, to use Peak Brain’s “Peak Brain” name, logo, and slogan provided by us, strictly for use in connection with sharing your Code for purposes of generating referrals in compliance with the Referral Program Terms, and in each instance, subject to our branding and use guidelines. All rights not specifically granted to you under the Referral Program Terms are reserved by Peak Brain.
(viii) Warranties, Requirements, and Covenants. You represent, warrant, and covenant as follows:
We reserve the right to offset any Referral Fees due to you with amounts owed by you to us as a result of an improper payment of a Referral Fee, as described in this section.
Where you are a licensed healthcare professional, you will comply with any professional-conduct rules applicable to you (including rules on referral fees and patient solicitation) in addition to these Referral Program Terms, and you are solely responsible for confirming your participation is permitted under those rules.
You will comply with all applicable laws, regulations, and guidance in connection with your participation in the Referral Program.
You will not, directly or indirectly, solicit, encourage, aid, incite, or engage in any fraudulent, deceptive, or unlawful acts in connection with your participation in the Referral Program.
You will not attempt to engage or engage in any measures intended to and/or likely to result in a Referral Fee in violation of the Referral Program Terms.
We reserve the right to verify your eligibility to participate in the Referral Program or to receive Referral Fees hereunder, and your compliance with the Referral Program Terms. Peak Brain may terminate or suspend your participation in the Referral Program in the event Peak Brain determines that you are in breach of the above representations, warranties, and covenants, or are not otherwise in compliance with the Referral Program Terms and/or the Terms, as determined by Peak Brain in its sole discretion.
(ix) PEAK BRAIN DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS OR WARRANTIES AND EXCLUSIONS SET FORTH ELSEWHERE IN THESE TERMS, PEAK BRAIN MAKES NO WARRANTY OF ANY KIND REGARDING THE REFERRAL PROGRAM AND ANY AMOUNT OF REFERRAL FEES YOU MAY EARN THROUGH YOUR PARTICIPATION IN THE REFERRAL PROGRAM. FURTHER, PEAK BRAIN IS NOT RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE REFERRAL PROGRAM, INCLUDING WITHOUT LIMITATION, THAT THE REFERRAL PROGRAM WILL BE ERROR-FREE, OR AS TO THE ACCURACY, COMPLETENESS, FUNCTIONALITY, AND/OR TIMELINESS OF YOUR CODE, TABULATION OF THE QUALIFYING REFERRALS, AND/OR CALCULATION OR PAYMENT OF THE REFERRAL FEES. THE LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THESE TERMS ALSO APPLIES TO YOUR PARTICIPATION IN THE REFERRAL PROGRAM.
Under California Civil Code Section 1789.3, users of the Services who are California residents are entitled to the following, specific consumer rights information: The provider of the Services is:
Peak Brain
Attention: Legal Department
If you should have any further questions, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Thank you for reading. Please contact us at grievances@peakbrain.health if you have any questions, comments, concerns, or feedback.
Last updated: February 13, 2026