Terms of Service
suPAR Biomarker LLC d/b/a suPAR Bio
Terms of Service
Effective Date: March 1st, 2026
Last Updated: Version 1
Please read these Terms of Service carefully. These Terms govern your access to and use of www.suparbio.com (the “Website”), as well as any related suPAR Bio hosted portals, applications, or digital interfaces, including partner.testsupar.com and testsupar.com (collectively with the Website, the “Services”).
The Website is intended primarily for general informational purposes, while certain suPAR Bio Platforms are designed to support secure, HIPAA-compliant workflows for authorized users, including healthcare providers, partners, and direct-to-consumer testing participants. Use of certain portions of the Services may be subject to additional terms, medical disclosures, privacy notices, consents, or partner-specific agreements.
By accessing or using any portion of the Services, you agree to be bound by these Terms of Service, as updated from time to time. suPAR Bio reserves the right to modify these Terms at any time by posting updated Terms on the Website. If you do not agree to these Terms, you must not access or use the Services.
Last Updated: March 1st, 2026
Introduction
These Terms of Service (“Terms”) are issued by suPAR Biomarker LLC, a limited liability company doing business as “suPAR Bio” (“suPAR Bio,” “Company,” “we,” or “us”). These Terms govern your access to and use of www.suparbio.com (the “Website”), together with any related suPAR Bio hosted portals, applications, and digital platforms, including partner.testsupar.com and testsupar.com (collectively, the “Services”).
The Services may include general informational content, secure digital workflows, provider-facing tools, direct-to-consumer testing interfaces, and related features, functionality, and support resources offered by suPAR Bio. Certain Services, users, or transactions may be subject to additional terms, disclosures, consents, notices, or policies, including applicable privacy policies, medical disclaimers, provider-facing agreements, and MD reseller terms, each of which is incorporated herein by reference where applicable.
By accessing or using any portion of the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.
Definitions
For purposes of these Terms of Service, the following definitions apply:
“Additional Terms” means any separate or supplemental terms, conditions, consents, notices, disclosures, authorizations, policies, provider agreements, reseller terms, medical disclaimers, privacy policies, or other legal terms that may apply to specific Services, users, features, transactions, or workflows.
“Applicable Law” means all federal, state, local, and other laws, rules, regulations, guidance, and industry standards applicable to a party’s access to or use of the Services.
“Authorizing Physician Network” means the third-party physician network, telehealth provider group, or other licensed healthcare professionals engaged directly or indirectly by or on behalf of suPAR Bio to review eligibility, facilitate test authorizations or orders, and, where applicable, support result follow-up, elevated result protocols, care coordination, or related clinical workflow activities in connection with the Services.
“Authorized User” means any Consumer User, Provider User, Partner-Facing User, or other User who has been approved, credentialed, registered, invited, contracted with, or otherwise permitted by suPAR Bio to access restricted portions of the Services, subject to the permissions, limitations, and conditions applicable to that User’s role, account type, portal, and workflow.
“Consent Document” means any consent, authorization, acknowledgment, or other intake document required by suPAR Bio in connection with the purchase, ordering, collection, processing, reporting, or follow-up related to a suPAR Test, including, as applicable: (i) a Consent to Test or similar document provided through your treating physician or other licensed healthcare provider; (ii) a consent, telehealth intake, or similar authorization completed in connection with an order facilitated through suPAR Bio’s Authorizing Physician Network; or (iii) a Consent to Test, checkout acknowledgment, informed consent, or similar document completed by an individual purchasing a suPAR Test directly. For clarity, the Consent Document may include consent to specimen collection, laboratory testing, result reporting, care coordination, and related services, as applicable to the ordering pathway.
“Consumer User” means an individual who accesses or uses a direct-to-consumer, patient-facing, or personal testing-related portion of the Services for the purpose of purchasing, registering for, managing, receiving, or viewing a suPAR Test or suPAR Bio Results Report for themselves or, where legally permitted, for another individual for whom they have authority to act.
“D2C Portal” means suPAR Bio’s consumer-facing, patient-facing, or direct-to-consumer digital portal, including any account, ordering, registration, consent, payment, specimen collection coordination, results access, or related workflow made available to Consumer Users through testsupar.com or any successor or replacement URL, subdomain, application, or related digital environment operated by or on behalf of suPAR Bio.
“suPAR Bio,” “we,” “us,” or “our” means suPAR Bio and its affiliates, subsidiaries, predecessors, successors, assigns, and authorized service providers, as applicable.
“Partner-Facing User” means a reseller, distributor, channel partner, employer program, wellness program, operational purchaser, enterprise customer, business customer, or other non-provider person or entity authorized by suPAR Bio to access or use a partner-facing, business-facing, administrative, purchasing, logistics, or account-management portion of the Services. Unless expressly authorized by suPAR Bio in writing and permitted by Applicable Law, a Partner-Facing User is not authorized to access individually identifiable test results, suPAR Bio Results Reports, Protected Health Information, or other patient-specific medical or health information.
“Partner Portal” means suPAR Bio’s partner-facing, provider-facing, or other business-to-business digital portal, including any account, onboarding, purchasing, ordering, logistics, administrative, account-management, provider, partner, reseller, or related workflow made available to Provider Users, Partner-Facing Users, or other Authorized Users through partner.testsupar.com or any successor or replacement URL, subdomain, application, or related digital environment operated by or on behalf of suPAR Bio.
“Protected Health Information” or “PHI” means individually identifiable health information, to the extent governed by the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”).
“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an identified or identifiable individual. Personal Information collected, received, maintained, used, or disclosed by suPAR Bio may include, as applicable, the following categories:
“Communications Information” means information contained in your communications with suPAR Bio or its service providers, including emails, chat messages, call records, support inquiries, appointment-related communications, and other correspondence.
“Health and Intake Information” means health-related or wellness-related information you provide directly, that is collected in connection with the Services, or that is provided by a healthcare provider, Authorizing Physician Network, specimen collection provider, or other authorized party, including symptoms, medications, medical history, lifestyle factors, health goals, survey responses, follow-up information, and other information relevant to test ordering, interpretation, reporting, support, or care coordination.
“Registration Information” means information you provide when creating an account, placing an order, scheduling or requesting services, communicating with suPAR Bio, or otherwise using the Services, including your name, email address, mailing address, shipping address, billing address, telephone number, date of birth, and other contact or account-related information.
“Payment Information” means payment, billing, and transaction-related information provided by you or on your behalf in connection with the purchase of a suPAR Test or related Services, including payment card details, billing information, transaction confirmations, and limited payment authentication data, provided that full payment card data may be collected and processed by suPAR Bio’s third-party payment processors in accordance with their terms and privacy practices.
“Provider and Care Coordination Information” means information related to communications, review, follow-up, or coordination involving your physician, suPAR Bio’s Authorizing Physician Network, specimen collection providers, laboratory partners, customer support personnel, or other service providers involved in facilitating the Services.
“Sample and Biomarker Information” means information derived from or associated with your specimen and laboratory testing, including specimen identifiers, collection information, laboratory processing information, suPAR biomarker measurements and related test values, result status, and results reports. For clarity, the suPAR Test is not a genetic test, and Sample and Biomarker Information does not refer to DNA data unless expressly stated otherwise in writing.
“Technical and Device Information” means information collected automatically when you access or use the Services, including IP address, browser type, device identifiers, operating system, referring URLs, pages viewed, session activity, timestamps, clickstream data, and similar information.
“Test Order Information” means information associated with the ordering, authorization, and fulfillment of a suPAR Test, including the ordering pathway, order identifiers, provider or Authorizing Physician Network information, specimen collection method, collection status, shipment and fulfillment details, and related operational records.
“User Content” means information, data, text, images, files, messages, feedback, support requests, survey responses, or other content that you upload, submit, transmit, or otherwise make available to suPAR Bio through the Services, excluding Sample and Biomarker Information to the extent separately defined above.
“Web Behavior Information” means information regarding your interactions with suPAR Bio’s website, platform, emails, advertisements, or digital tools, including information collected through cookies, pixels, tags, SDKs, log files, analytics tools, and similar technologies.
“Platforms” means suPAR Bio’s hosted digital portals, applications, and secure interfaces, including without limitation partner.testsupar.com, testsupar.com, and any successor or replacement URLs, subdomains, or related digital environments operated by or on behalf of suPAR Bio.
“Provider User” means a physician, licensed healthcare professional, medical practice, clinic, authorized physician network participant, or other healthcare-related person or entity authorized by suPAR Bio to access or use a provider-facing portion of the Services in connection with test ordering, authorization, clinical review, result access, follow-up, care coordination, or other permitted healthcare-related functions. A Provider User may access protected or health-related information only to the extent authorized by suPAR Bio, the applicable patient consent or authorization, Applicable Law, and any applicable Additional Terms.
“Services” means the Website and the Platforms, collectively, together with all related content, functionality, features, communications, tools, workflows, ordering interfaces, support functions, and digital services made available by suPAR Bio through them.
“Services Content” means all content, materials, software, and other information made available by or on behalf of suPAR Bio through the Services, other than User Content, including text, graphics, logos, reports, educational materials, portal content, website content, and related materials. You further acknowledge that the Services and the Services Content are protected by copyright, trademark, trade secret, and other intellectual property and proprietary rights under Applicable Law and are owned by suPAR Bio or its licensors, content providers, partners, or other rights holders.
“suPAR Bio Results Report” means any report, summary, display, communication, or other output provided through the Services or otherwise delivered in connection with a suPAR Test that reflects or presents the applicable test result(s), related laboratory information, interpretive content, flags, disclaimers, notes, and other associated reporting content made available by or on behalf of suPAR Bio.
“suPAR Test” means the suPARbio™ Systemic Chronic Inflammation Test, a laboratory testing service made available by suPAR Biomarker LLC d/b/a suPAR Bio, including, as applicable, the test order, specimen collection materials, specimen collection services, laboratory analysis, resulting suPAR results report, and any associated instructions, support materials, or related services made available in connection with such test.
“User,” “you,” or “your” means any individual or entity that accesses or uses any portion of the Services.
“User Content” means any information, content, materials, communications, files, images, feedback, forms, responses, or other data that a User uploads, submits, posts, transmits, shares, stores, or otherwise makes available through the Services, excluding Services Content.
“Website” means the public-facing website located at www.suparbio.com, including its pages, content, features, and functionality.
Acceptance of Terms
Your access to and use of the Services, except to the extent governed by a separate written agreement executed by you and suPAR Bio, are subject to the terms of the legal agreement between you and suPAR Bio set forth in these Terms of Service (the “Terms”). Except as otherwise expressly stated herein, these Terms apply to any access to or use of the Services, including, without limitation: (a) purchasing, requesting, ordering, authorizing, registering for, scheduling, collecting, shipping, submitting, or otherwise participating in a suPAR Test or related services; (b) receiving, accessing, viewing, downloading, or otherwise interacting with your suPAR Bio Results Report, account information, or other information made available through the Services; and/or (c) creating, maintaining, or using an account, profile, portal login, or other access credential for the Services, including where you do not purchase a suPAR Test or submit a specimen.
In order to access or use the Services, you must first agree to these Terms. You may not access or use the Services if you do not agree to these Terms.
You may accept these Terms by: (i) clicking to accept, agree, acknowledge, consent, continue, submit, purchase, register, schedule, order, or otherwise affirm assent to these Terms or any applicable Additional Terms where such option is made available to you by suPAR Bio through the Services; or (ii) accessing or using any portion of the Services. In the latter case, you acknowledge and agree that suPAR Bio will treat your access to or use of the Services as your acceptance of these Terms from that point forward.
In addition, when using particular Services, you may be subject to Additional Terms, including without limitation applicable consents, disclosures, authorizations, provider agreements, reseller terms, privacy policies, medical disclaimers, or service-specific conditions, all of which are incorporated into these Terms by reference to the extent applicable.
suPAR Bio may also make available certain products, services, programs, offerings, or workflows that are governed by separate or supplemental terms, and in the event of a conflict, those separate or supplemental terms will control with respect to the applicable product, service, program, offering, or workflow.
Prerequisites
You may not access or use the Services, and you may not accept these Terms, if: (a) you are not of legal age to form a binding contract with suPAR Bio in the jurisdiction in which you reside or from which you access or use the Services; or (b) you are otherwise barred from accessing or using the Services under Applicable Law.
If you purchase, request, order, authorize, collect, submit, or otherwise facilitate a suPAR Test for yourself or on behalf of another individual, you represent and warrant that you are at least eighteen (18) years of age and, if acting for another individual, that you have the full legal right, authority, and capacity to do so, including to provide any required consents, authorizations, acknowledgments, notices, or other agreements on that individual’s behalf.
If your use of the Services includes creating an account, accessing a portal, viewing information, communicating with suPAR Bio, scheduling services, or otherwise using the Services without purchasing or completing a suPAR Test, you must still be at least eighteen (18) years of age to use the Services and accept these Terms.
To the extent a suPAR Test is ordered, authorized, facilitated, reviewed, or followed up through a treating provider, the Authorizing Physician Network, or another authorized healthcare professional, additional eligibility requirements, clinical criteria, geographic restrictions, consent requirements, or workflow conditions may apply.
Consent to Electronic Communications
By creating an account, providing contact information, or using the Services, you consent to receive communications from suPAR Bio electronically, including by email, portal notification, in-account message, SMS or text message where applicable, and postings through the Services. Such communications may include notices about your account, your order, your suPAR Test, specimen collection, scheduling, payment, consent completion, result availability, updates to the Services, legal notices, disclosures, and other communications relating to the Services.
You agree that all agreements, notices, disclosures, authorizations, acknowledgments, records, and other communications that suPAR Bio provides to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by Applicable Law. You are responsible for maintaining accurate and current contact information and for checking your email, text messages, and account notifications regularly.
Description of the Services
The Services include access to suPAR Bio’s public-facing website, hosted digital portals, applications, secure user interfaces, and related digital tools, including without limitation the suPAR Bio website, consumer-facing and patient-facing ordering and account environments, partner- and provider-facing portal environments, and any successor, replacement, or related digital properties, subdomains, workflows, or interfaces operated by or on behalf of suPAR Bio. The Services may include, as applicable, educational content, account creation, test ordering and registration workflows, consent and intake workflows, payment processing, specimen collection coordination, shipment and fulfillment support, laboratory testing coordination, results reporting, customer support, provider or partner access, and related administrative, operational, and informational services made available through such channels.
Unless expressly stated otherwise, any new feature, functionality, tool, content offering, portal workflow, digital integration, or enhancement that augments, improves, modifies, or is otherwise added to the Services shall be subject to these Terms.
You acknowledge and agree that the Services are provided on an “AS IS” and “AS AVAILABLE” basis and reflect the operational, technical, scientific, clinical, and commercial model made available by suPAR Bio at the time of your access to or use of the Services. suPAR Bio may, from time to time, update, improve, modify, suspend, limit, discontinue, or replace any aspect of the Services, including features, functionality, portals, workflows, supported use cases, ordering pathways, integrations, availability, or access permissions, with or without notice, in suPAR Bio’s sole discretion and subject to Applicable Law.
Customer support channels, portal messaging functions, chat features, email communications, scheduling tools, and similar features made available through the Services are for non-emergency administrative, informational, and support purposes only unless expressly stated otherwise by suPAR Bio in writing. Such channels may not be monitored at all times and must not be used for urgent or emergency medical, clinical, or safety issues. If you are experiencing a medical emergency, call 911 or seek immediate emergency medical attention.
As part of its ongoing development and innovation efforts, suPAR Bio may revise the form, content, nature, or scope of the Services from time to time in order to improve user experience, operational functionality, compliance, clinical workflows, partner enablement, or business operations. You acknowledge and agree that suPAR Bio may permanently or temporarily stop providing certain Services, features, tools, integrations, or portions of the Services to you individually, to particular categories of users, or to users generally, at suPAR Bio’s sole discretion, with or without prior notice, subject to Applicable Law.
You may stop using the Services at any time. You are not required to specifically notify suPAR Bio when you discontinue use of the Services- suPAR Bio assumes no responsibility for any access to or use of the Services outside the scope permitted by these Terms, any applicable Additional Terms, or Applicable Law.
In order to use the Services, you must obtain internet access, either directly or through devices that access web-based content, and you are solely responsible for all fees charged by your internet service provider, wireless carrier, or other third parties in connection with such access. You are also solely responsible for obtaining, maintaining, and updating all hardware, software, devices, systems, browsers, and other equipment necessary to access and use the Services.
You acknowledge and agree that suPAR Bio may establish, modify, or enforce general practices and limits concerning use of the Services, including with respect to account access, session duration, data retention, messaging volume, storage capacity, portal availability, feature access, transaction limits, upload functionality, or other technical or operational parameters, at any time and in suPAR Bio’s discretion.
Orders, Payment, Fulfillment, and Refunds
By purchasing, ordering, or otherwise requesting a suPAR Test or related Services, you agree to pay all applicable fees, charges, taxes, shipping charges, service fees, and other amounts disclosed at the time of purchase or otherwise agreed in writing. All payments must be made using a valid payment method authorized by you or on your behalf, and you authorize suPAR Bio and its third-party payment processors to charge the applicable amounts in connection with your order.
All orders are subject to acceptance, availability, legal and operational feasibility, and compliance review by suPAR Bio. suPAR Bio reserves the right, in its sole discretion and subject to Applicable Law, to refuse, reject, limit, delay, or cancel any order or transaction, including where there are issues relating to payment authorization, suspected fraud, geographic restrictions, eligibility, consent completion, provider authorization, specimen collection feasibility, inventory, operational capacity, compliance concerns, or suspected misuse of the Services.
Prices, product availability, supported use cases, and related fees may change at any time in suPAR Bio’s discretion, subject to Applicable Law. suPAR Bio does not guarantee that any suPAR Test, specimen collection method, scheduling option, or related Service will be available at any particular time or in any particular location.
Any delivery, shipment, fulfillment, scheduling, collection, processing, or reporting timeframe provided by suPAR Bio is an estimate only and is not guaranteed. Delays may occur for reasons including inventory constraints, shipping disruptions, specimen issues, laboratory issues, provider review, technology interruptions, compliance review, force majeure events, or other circumstances beyond suPAR Bio’s reasonable control.
Except as required by Applicable Law or expressly stated otherwise by suPAR Bio in writing, all purchases are final and non-refundable once an order has been placed and a specimen collection kit has been shipped. If a specimen cannot be processed or a reportable result cannot be generated, suPAR Bio may, in its discretion and subject to Applicable Law and any applicable Additional Terms, offer re-collection, replacement, account credit, refund, or another commercially reasonable remedy. suPAR Bio is not obligated to provide repeated refunds, repeated replacement kits, or repeated recollection opportunities in connection with noncompliant, insufficient, unusable, or repeatedly failed specimens.
Risks and Considerations Regarding suPAR Bio Services
By accessing or using the Services, including purchasing, ordering, collecting, submitting, or receiving a suPAR Test or suPAR Bio Results Report, you acknowledge and agree to the following risks and considerations:
Once your test result and related reporting information are generated and made available through the Services, that information cannot be unknown or withdrawn from your personal awareness. You should not assume that any information made available to you through the Services will be welcome, reassuring, conclusive, or easy to interpret. You also understand that the clinical, scientific, and practical interpretation of suPAR and related biomarkers may evolve over time, and that additional medical evaluation, repeat testing, follow-up testing, or consultation with a licensed healthcare provider may be appropriate in order to understand the significance of your result in light of your symptoms, history, risk factors, and current standards of care.
suPAR Bio encourages you to consult with a licensed healthcare provider before collecting a specimen, purchasing a test, relying on a test result, or making health-related decisions based on any information made available through the Services. A licensed healthcare provider can help you determine whether testing is appropriate for you and can help interpret your result in the context of your individual medical circumstances.
Some users may feel anxiety, distress, uncertainty, or other emotional reactions before, during, or after testing or after receiving a suPAR Bio Results Report. This is not unusual. If you feel overwhelmed, distressed, or uncertain about how to interpret or respond to your result, you should promptly speak with a licensed healthcare provider or another qualified professional.
You may learn health-related information about yourself that you did not expect. Such information may have emotional, personal, familial, financial, insurance-related, employment-related, legal, or other consequences. suPAR Bio does not guarantee that any particular result will be clinically actionable, reassuring, definitive, or favorable.
A specimen may be insufficient, delayed, damaged, degraded, mislabeled, contaminated, improperly collected, improperly handled, lost in transit, or otherwise unsuitable for testing. In addition, laboratory testing, data transmission, reporting workflows, and related operational processes may be affected by technical, clerical, pre-analytical, analytical, post-analytical, shipping, systems, integration, or human errors. suPAR Bio does not guarantee that every specimen can be successfully processed or that every attempted test will yield a reportable result.
If a specimen cannot be processed or a reportable result cannot be generated, suPAR Bio may, in its discretion and subject to Applicable Law and any applicable Additional Terms, offer re-collection, re-testing, test replacement, account credit, refund, or another commercially reasonable remedy. Unless expressly required by Applicable Law or separately stated in writing, suPAR Bio is not obligated to provide repeated replacement kits, repeated recollection opportunities, or repeated refunds in connection with failed, unusable, noncompliant, or repeatedly insufficient specimens.
Even where testing and reporting are completed successfully, no laboratory test is perfect. Results may be affected by biological variability, specimen quality, timing of collection, pre-analytical variables, analytical limitations, reference interval limitations, interfering substances, incomplete clinical context, technological limitations, reporting thresholds, or evolving scientific understanding. A result may be inaccurate, inconclusive, non-specific, of uncertain significance, or subject to reinterpretation over time. A result that appears abnormal may not reflect disease, and a result that appears within an expected range does not rule out disease, risk, or future clinical change.
You should not start, stop, or change any medication, supplement, treatment plan, diagnosis-related decision, or other health behavior solely on the basis of information made available through the Services without consulting an appropriate licensed healthcare provider. The Services are not intended to replace clinical judgment, medical evaluation, diagnosis, treatment, or ongoing care from a qualified healthcare professional.
suPAR-related science, biomarker interpretation, clinical utility frameworks, and result presentation standards continue to develop. suPAR Bio may update result reporting language, interpretive materials, operational workflows, or other aspects of the Services from time to time as scientific knowledge, validation data, clinical practice, technology, operational capabilities, or legal and regulatory requirements evolve. suPAR Bio does not guarantee that any interpretation, contextual explanation, educational content, or informational material made available through the Services will remain current, complete, universally accepted, or applicable to every user or circumstance.
Information made available through the Services, including your suPAR Bio Results Report and any related educational or interpretive content, may become part of your medical record if you share it with a physician, healthcare provider, health system, care coordinator, insurer, employer-sponsored health program, family member, or any other third party. Once shared, such information may be subject to the privacy, record retention, disclosure, and access practices of those third parties, and suPAR Bio is not responsible for their use, disclosure, retention, or onward sharing of that information.
You should use care in deciding whether to share your test results or related information with third parties. Legal protections relating to health information, biomarker information, insurance underwriting, employment matters, disability coverage, life insurance, long-term care insurance, and related issues vary by jurisdiction and circumstance. suPAR Bio does not provide legal advice, and you should consult your own legal advisor if you have questions about how your health-related information may be used or protected.
The Services may include educational materials, informational content, provider-facing tools, partner-facing tools, portal access, workflow support, customer support, operational coordination, and result reporting. Although the suPAR Test is offered as a laboratory-developed test (“LDT”) through applicable testing workflows, the Services do not constitute medical care, emergency care, or a substitute for an in-person clinical evaluation. suPAR Bio does not practice medicine and does not provide medical advice through these Terms of Service. Any information made available by or on behalf of suPAR Bio through the Website, Platforms, Partner Portal, direct-to-consumer portal, support channels, or educational materials is provided for informational and service-related purposes only unless expressly stated otherwise in writing.
Without limiting the foregoing, suPAR Bio does not endorse, warrant, or guarantee the effectiveness, appropriateness, or outcome of any specific physician, healthcare provider, specimen collection provider, laboratory, treatment, medication, supplement, procedure, protocol, next step, or course of action that may be mentioned through the Services or by any third party interacting with the Services. Any recommendations, flags, educational materials, suggested follow-up considerations, or potentially actionable information made available through the Services are intended to support, and not replace, discussion with an appropriate licensed healthcare provider.
You acknowledge that access to certain Services, including testing availability, provider review, specimen collection options, result delivery workflows, and follow-up support, may depend on geography, provider availability, licensure, logistics, laboratory capability, and other operational or legal constraints. suPAR Bio does not represent that all Services are available in all jurisdictions or for all users.
If you are experiencing a medical emergency, call 911 or seek immediate emergency medical attention. Do not rely on the Services for urgent or emergency medical needs.
No Medical Advice; No Provider-Patient Relationship with suPAR Bio
suPAR Bio does not practice medicine and does not provide medical advice, medical diagnosis, treatment, or emergency care through the Services. The Services, including the Website, the D2C Portal, the Partner Portal, any suPAR Bio Results Report, any educational content, any support communication, and any other information made available by or on behalf of suPAR Bio, are provided for informational, administrative, operational, testing-related, and service-related purposes only unless expressly stated otherwise in writing.
Your access to or use of the Services does not create a physician-patient, provider-patient, fiduciary, or other clinical care relationship between you and suPAR Bio. To the extent any physician, Authorizing Physician Network participant, specimen collection provider, or other licensed healthcare professional is involved in a particular workflow, any clinical services they provide are provided in their independent professional capacity or pursuant to the applicable service model, and not by suPAR Bio as the practice of medicine, except to the extent expressly required by Applicable Law.
You should always seek the advice of a licensed healthcare provider regarding any medical question, symptom, diagnosis, treatment decision, or interpretation of a laboratory result. Do not disregard, delay, or avoid obtaining professional medical advice because of information made available through the Services.
User Representations
By accessing or using the Services, you agree to, acknowledge, and represent as follows:
You understand that information made available through the Services, including any suPAR Bio Results Report, is not intended to independently diagnose, cure, prevent, or treat any disease or condition and is not a substitute for professional medical advice, diagnosis, treatment, or clinical judgment. You understand that suPAR is a non-specific biomarker associated with immune activation and chronic low-grade inflammation and that suPAR test results must be interpreted in the context of clinical history, symptoms, and other laboratory and diagnostic findings by a licensed physician or other qualified healthcare provider. You further understand that the suPAR Test is offered as a laboratory-developed test (“LDT”) and has not been cleared or approved by the U.S. Food and Drug Administration.
You authorize suPAR Bio and its contractors, service providers, laboratory partners, successors, and assigns, as applicable, to receive, process, test, analyze, transmit, store, use, and report information associated with any specimen submitted in connection with a suPAR Test, and you specifically request that suPAR Bio make the applicable test result(s) and related reporting available to you and, where applicable, to your treating provider, the Authorizing Physician Network, another authorized healthcare professional, and any other person or entity you expressly authorize. If you are a Provider User or otherwise acting on behalf of a patient, you represent and warrant that you have obtained all rights, permissions, authorizations, and consents necessary for the specimen, Personal Information, and related data to be provided to, processed by, and disclosed through suPAR Bio and the Services as contemplated by these Terms and the applicable Privacy Policy.
You represent that you are at least eighteen (18) years of age or older if you are purchasing, ordering, authorizing, collecting, submitting, facilitating, accessing, or receiving information relating to a suPAR Test or suPAR Bio Results Report, whether for yourself or, where legally permitted, on behalf of another person for whom you have authority to act.
You represent and warrant that any specimen submitted in connection with a suPAR Test is collected from the correct individual, is not knowingly mislabeled, substituted, tampered with, contaminated, or otherwise misrepresented, and, if you are agreeing to these Terms or using the Services on behalf of another person for whom you have legal authority to act, that the specimen submitted will be that person’s specimen.
If you are a Provider User, reseller, clinic, medical practice, authorized physician network participant, employer-sponsored program administrator acting within lawful authority, or other person or entity facilitating access to the Services for another individual, you represent and warrant that you have obtained all required notices, permissions, consents, authorizations, and legal rights, and have made all required disclosures, necessary for suPAR Bio and its service providers to collect, receive, access, use, disclose, process, store, transmit, and report the applicable specimen, Personal Information, test order information, and related data in accordance with these Terms, the Privacy Policy, Applicable Law, and any applicable Additional Terms.
If you access or use the Services from outside the United States, you represent and warrant that your access to and use of the Services, including any specimen collection, shipment, transfer, or data submission, does not violate any Applicable Law, export control, import restriction, shipment restriction, sanctions program, privacy law, data localization requirement, or other legal requirement applicable in the jurisdiction from which you act or in which you reside.
You understand and agree that, subject to Applicable Law, your Personal Information, specimen-related information, testing data, account data, communications, and other information associated with the Services may be collected, processed, hosted, stored, analyzed, transmitted, and disclosed in the United States or in other jurisdictions in which suPAR Bio or its contractors, service providers, technology vendors, laboratory partners, or affiliates operate,
You represent and warrant that you are not accessing or using the Services, or attempting to obtain test results or related information, for any unlawful, discriminatory, exploitative, unauthorized underwriting, unauthorized employment-screening, or other improper purpose, including in a manner that would violate Applicable Law, privacy rights, or the rights of the individual to whom the information relates.
You acknowledge that some information made available through the Services may be unexpected, uncertain, concerning, or emotionally difficult, and that you are responsible for deciding whether to proceed with testing, access results, or share such information with others. You further understand that reference ranges, interpretive content, and any suPAR Bio Age Index or similar contextual tool, if provided, are not definitive measures of health status, disease status, or physiological age and may not apply equally to all individuals or populations.
You accept responsibility for any consequences arising from your decision to share your suPAR Bio Results Report, test result(s), Personal Information, account access, or other information obtained through the Services with any third party, including family members, healthcare providers, insurers, employers, care coordinators, or other persons or entities. You understand that once shared, such information may become part of a medical record or otherwise be used or retained by the receiving party in accordance with its own policies and legal obligations.
You understand and agree that your Personal Information will be collected, used, stored, disclosed, and otherwise processed by suPAR Bio in accordance with these Terms, the applicable Privacy Policy, and Applicable Law.
You understand and agree that, to the extent permitted by Applicable Law, suPAR Bio may create, derive, use, disclose, commercialize, publish, license, and otherwise exploit de-identified information, aggregated information, and data sets derived from information collected through the Services for lawful business purposes, including service improvement, analytics, quality assurance, validation, product development, operational improvement, benchmarking, educational content development, research, publication, and marketing, provided that such information is maintained and used in a form that does not identify you personally as required by Applicable Law.
Waiver of Property Rights. You understand that, by providing a specimen, submitting information, accessing the Services, receiving a suPAR Bio Results Report, or otherwise using the Services, you acquire no ownership, royalty, compensation, intellectual property, or other proprietary rights in or to any product, service, algorithm, workflow, software, database, methodology, validation study, improvement, publication, invention, or other research, commercial, operational, or business output that may be developed, created, refined, or commercialized by suPAR Bio or its collaborators using or informed by the Services, de-identified information, aggregated information, or lawfully obtained insights derived therefrom.
You represent and warrant that you have the full legal right, authority, and capacity under the laws of the state, territory, country, or other jurisdiction in which you reside or act to make the foregoing representations, acknowledgments, consents, and agreements. In the event of a breach of any such representation, warranty, acknowledgment, consent, or agreement, suPAR Biomarker LLC d/b/a suPAR Bio (“suPAR Bio”) reserves the right, in its sole discretion and subject to Applicable Law, to suspend or terminate your account, restrict or revoke your access to the Services, cancel or refuse any order, and refuse any current or future access to or use of the Services, in whole or in part. You further agree to defend, indemnify, and hold harmless suPAR Bio and its affiliates, subsidiaries, successors, assigns, service providers, contractors, officers, directors, employees, and agents from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your breach of any such representation, warranty, acknowledgment, consent, or agreement.
Account Creation, Customer Account, Password, and Security Obligations
In consideration of your access to and use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information and any other information requested by suPAR Bio in connection with account creation, portal access, test ordering, test authorization, consent completion, identity verification, provider onboarding, partner onboarding, specimen collection coordination, or other use of the Services; and (b) maintain and promptly update such information so that it remains true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, misleading, or incomplete, or if suPAR Bio has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, misleading, or incomplete, suPAR Bio may, subject to Applicable Law, suspend or terminate your account, restrict portal access, delay or cancel an order, withhold access to certain features, invalidate or pause a workflow, or refuse any current or future use of the Services, in whole or in part.
The Services may include different account types, portal environments, access levels, and workflows, including without limitation a consumer-facing or direct-to-consumer portal and a partner-facing, provider-facing, or other business-to-business portal. Access to one portal does not entitle any User or Authorized User to access any other portal, feature set, data set, workflow, or environment. Different portals may be subject to different eligibility criteria, onboarding requirements, credentialing requirements, security controls, consents, disclosures, authorizations, permissions, Additional Terms, and operational limitations. You agree to comply with all requirements applicable to the specific portal, workflow, account type, and Authorized User role through which you access or use the Services.
Each Authorized User may access only the accounts, records, functions, features, and information for which such Authorized User has been expressly authorized by suPAR Bio and, where applicable, the relevant patient, provider organization, contracting entity, or other legally authorized person or entity. Without limiting the foregoing, Consumer Users may access only their own account and information except to the extent legally permitted and expressly authorized otherwise; Provider Users may access patient-related, provider-related, or workflow-related information only as permitted by suPAR Bio, applicable patient consent or authorization, Applicable Law, and any applicable Additional Terms; and Partner-Facing Users may access only those administrative, purchasing, logistics, account-management, or other non-clinical features and information expressly made available to them, and shall not access individually identifiable test results, suPAR Bio Results Reports, Protected Health Information, or other patient-specific medical or health information unless expressly authorized by suPAR Bio in writing and permitted by Applicable Law.
If you create, receive, or use login credentials for any account, portal, or restricted portion of the Services, including for purposes of viewing results, placing orders, managing users, accessing partner tools, or interacting with suPAR Bio workflows, you are responsible for maintaining the confidentiality and security of your username, password, multifactor authentication credentials, and any other account access credentials. You are fully responsible for all activities that occur under your account or through your credentials, whether or not authorized by you, except to the extent prohibited by Applicable Law or caused solely by suPAR Bio’s failure to maintain commercially reasonable security measures.
You shall not share your account credentials with any unauthorized person or permit any unauthorized third party to access the Services through your account. If you intentionally or negligently allow a third party to access the Services using your credentials, you may be held responsible for such access and use to the maximum extent permitted by Applicable Law. If you are a business, provider, clinic, partner, reseller, employer program, or other entity user, you are also responsible for ensuring that each individual using your account or organization’s access credentials is an Authorized User and uses the Services only in accordance with these Terms, any applicable Additional Terms, and your internal access controls.
You agree to: (a) immediately notify suPAR Bio of any unauthorized use of your account, password, multifactor authentication method, or other credentials, or of any other actual or suspected breach of security; (b) promptly take all reasonable steps requested by suPAR Bio to mitigate, investigate, or remediate such issue; and (c) exit or sign out from your account at the end of each session where appropriate, particularly when accessing the Services on a shared or non-private device.
suPAR Bio cannot and will not be liable for any loss, damage, liability, claim, or expense arising from your failure to comply with this Section, including your failure to safeguard credentials, maintain accurate account information, restrict account access appropriately, or timely notify suPAR Bio of unauthorized access or a security incident, except to the extent such loss is caused solely by suPAR Bio’s willful misconduct or violation of Applicable Law.
suPAR Bio may impose reasonable restrictions on account creation, credential issuance, portal enrollment, session duration, login methods, access locations, organization-level permissions, and use of the Services based on account type, Authorized User role, jurisdiction, applicable consents, operational requirements, legal requirements, or security needs.
suPAR Bio Privacy Policy and Disclosure of Information
In order to access or use certain Services, you may be required to review, acknowledge, and agree to the applicable Privacy Policy, Medical Disclaimer, and any other applicable Additional Terms. You may not access or use those Services if you do not agree to the applicable Privacy Policy, Medical Disclaimer, or other required terms. You may acknowledge and agree to the Privacy Policy and other applicable terms by: (a) clicking to accept, agree, acknowledge, or consent where such option is made available by suPAR Bio; or (b) accessing or using the applicable Services where such use is deemed acceptance under these Terms and Applicable Law.
You acknowledge and agree that suPAR Bio, its affiliates, contractors, service providers, laboratory partners, technology vendors, payment processors, logistics providers, customer support providers, and other authorized representatives may collect, receive, access, use, process, store, host, transmit, disclose, and otherwise handle Personal Information, specimen-related information, testing data, communications, account information, and other information associated with the Services as described in these Terms, the applicable Privacy Policy, any applicable Consent Document, and Applicable Law.
You further acknowledge and agree that suPAR Bio may monitor, log, review, audit, and retain records relating to access to and use of its systems, portals, platforms, websites, networks, applications, support channels, and related digital or operational environments by its personnel, contractors, service providers, Authorized Users, and other users, for purposes including security, compliance, quality assurance, training, fraud prevention, system administration, operational support, legal compliance, and enforcement of these Terms. Except as otherwise expressly provided in the applicable Privacy Policy or required by Applicable Law, the applicable Privacy Policy sets forth the expectations of privacy, if any, that apply to use of the Services.
To the extent you separately provide an express consent, authorization, or instruction for certain disclosures, communications, research participation, or other uses of information, suPAR Bio may use and disclose your information in accordance with the applicable consent, authorization, or instruction. Any research-related use or disclosure, if offered, will be governed by the applicable consent materials, privacy disclosures, and Applicable Law. For clarity, access to or use of the Services, purchase of a suPAR Test, or submission of a specimen does not by itself constitute consent to participate in research unless expressly stated and affirmatively agreed to where required by Applicable Law.
suPAR Bio may disclose Personal Information, Protected Health Information, test order information, specimen-related information, test results, suPAR Bio Results Reports, or other information associated with the Services to your treating provider, the Authorizing Physician Network, laboratory partners, specimen collection providers, service providers, contractors, logistics partners, payment processors, technology vendors, business partners, or other authorized third parties as reasonably necessary to operate, provide, support, secure, administer, improve, or fulfill the Services, in each case subject to Applicable Law, the applicable Privacy Policy, applicable consents and authorizations, and any applicable contractual or legal restrictions.
Further, you acknowledge and agree that suPAR Bio may preserve, use, and disclose Personal Information and other information associated with the Services if required to do so by Applicable Law or if suPAR Bio, in good faith, believes that such preservation, use, or disclosure is reasonably necessary to: (a) comply with legal process, court orders, subpoenas, governmental requests, regulatory requirements, law enforcement requests, or other legal obligations; (b) enforce these Terms, any Additional Terms, or any other applicable agreement; (c) respond to claims that any content, conduct, or use of the Services violates the rights of suPAR Bio or any third party; (d) detect, investigate, prevent, or address fraud, security issues, misuse of the Services, technical issues, or suspected unlawful activity; or (e) protect the rights, property, safety, and security of suPAR Bio, its affiliates, personnel, contractors, users, patients, partners, service providers, or the public. To the extent permitted by Applicable Law and not prohibited by legal process, suPAR Bio may provide notice of such disclosure using the contact information associated with your account.
You understand and agree that the technical processing, hosting, transmission, and delivery of the Services, including your Personal Information and other associated data, may involve: (i) transmissions over various networks; (ii) storage, hosting, backup, processing, and support by third-party infrastructure, software, cloud, analytics, communications, payment, logistics, or other service providers; and (iii) changes made as necessary to conform and adapt to the technical requirements of connecting networks, devices, platforms, systems, or workflows.
suPAR Bio may, in its sole discretion and subject to Applicable Law, restrict, suspend, or terminate access to the Website, the D2C Portal, the Partner Portal, or any other portion of the Services for security, operational, legal, compliance, maintenance, business, or other legitimate reasons.
Please refer to the applicable Privacy Policy for additional information regarding suPAR Bio’s data handling, privacy, and data protection practices.
Limited LicenseYou acknowledge that the accuracy, completeness, legality, reliability, and appropriateness of all User Content, whether publicly posted, privately transmitted, uploaded, submitted, or otherwise made available through the Services, is the sole responsibility of the person or entity from whom such User Content originated. This means that you, and not suPAR Bio, are solely responsible for all User Content that you upload, submit, post, transmit, share, store, or otherwise make available through the Services.
You further acknowledge that the Services, and all content, materials, software, interfaces, workflows, designs, text, graphics, logos, trademarks, service marks, data compilations, reports, educational materials, portal content, website content, partner materials, provider materials, and other information or materials made available by or on behalf of suPAR Bio through the Services, other than User Content (collectively, “Services Content”), are protected by copyright, trademark, trade secret, and other intellectual property and proprietary rights under Applicable Law and are owned by suPAR Bio or its licensors, content providers, partners, or other rights holders.
Subject to your compliance with these Terms and any applicable Additional Terms, suPAR Bio grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and the Services Content solely for your own internal, personal, informational, administrative, or otherwise expressly authorized business purposes, as applicable to your role as a Consumer User, Provider User, Partner-Facing User, or other Authorized User. This Limited License does not transfer any ownership rights to you and may be suspended, restricted, or revoked by suPAR Bio at any time in accordance with these Terms or Applicable Law.
Except as expressly permitted in these Terms, in applicable Additional Terms, or in a separate written agreement signed by suPAR Bio, you may not copy, reproduce, modify, adapt, translate, publish, display, distribute, transmit, perform, license, sublicense, assign, transfer, sell, rent, lease, lend, commercially exploit, create derivative works from, reverse engineer, scrape, data mine, frame, mirror, republish, or otherwise use any portion of the Services or Services Content, in whole or in part, for any commercial purpose or for the benefit of any third party.
Notwithstanding the foregoing, and subject to Applicable Law and any applicable portal functionality, an individual User may download, print, save, or share that User’s own suPAR Bio Results Report and related personal account materials for personal, informational, or healthcare-related purposes, including sharing with a physician, caregiver, family member, or other person chosen by the User. Such permission does not grant the right to alter, remove disclaimers from, misrepresent, commercially exploit, publish broadly, or create derivative works from such materials, nor does it grant any right to access, use, or disclose information relating to any other person.
If suPAR Bio expressly designates particular Services Content as downloadable, shareable, or redistributable, you may use that specific Services Content only in the manner, format, and scope expressly permitted by suPAR Bio, provided that you do not modify the substance of such content, remove proprietary notices, or imply sponsorship, endorsement, partnership, clinical validation, or affiliation beyond what suPAR Bio has expressly authorized.
Except for the limited rights expressly granted in these Terms, no right, title, or interest in or to the Services or any Services Content is granted to you, whether by implication, estoppel, waiver, or otherwise. All rights not expressly granted are reserved by suPAR Bio and its applicable licensors.As a condition of your access to and use of the Services, you represent, warrant, and agree that you will not use the Services for any purpose that is unlawful, unauthorized, or prohibited by these Terms, any applicable Additional Terms, or Applicable Law. You may not use the Services in any manner that could damage, disable, disrupt, overburden, impair, or compromise the Services or interfere with any other person’s or entity’s access to or use of the Services. You may not obtain or attempt to obtain any materials, data, credentials, or information through any means not intentionally made available or provided through the Services.
Without limiting the foregoing, you agree that you will not, and will not permit any other person or entity to:
access or use the Services without authorization, or access, use, collect, view, copy, download, disclose, distribute, or transmit any account, record, test result, suPAR Bio Results Report, Protected Health Information, Personal Information, credential, workflow, portal function, or other data except as expressly authorized by suPAR Bio, the applicable patient consent or authorization, Applicable Law, and any applicable Additional Terms;
use the Services outside the scope of your role, permissions, account type, portal access level, or status as an Authorized User, including attempting to access data, features, functions, or environments that have not been expressly made available to you;
use the Services for any unlawful, fraudulent, deceptive, misleading, exploitative, discriminatory, or abusive purpose, including any purpose related to unauthorized underwriting, unauthorized employment screening, unlawful profiling, identity misuse, surveillance, harassment, or violation of privacy or confidentiality obligations;
impersonate any person or entity, including suPAR Bio, any suPAR Bio affiliate, any healthcare provider, any patient, or any Authorized User, or falsely state or otherwise misrepresent your identity, credentials, authority, affiliation, relationship, licensure, or authorization;
submit, upload, transmit, enter, or otherwise provide any false, inaccurate, misleading, fraudulent, mislabeled, substituted, tampered, contaminated, or unauthorized specimen, information, content, credential, consent, authorization, order, or account data;
upload, post, transmit, or otherwise make available any content that is defamatory, obscene, hateful, threatening, abusive, harassing, discriminatory, or otherwise objectionable, including content that targets or disparages any person or group based on race, color, ethnicity, national origin, sex, sexual orientation, gender, gender identity, age, disability, religion, political belief, veteran status, or any other protected characteristic under Applicable Law;
upload, post, transmit, or otherwise make available any content that you do not have the legal right to provide, or that violates any contractual, fiduciary, professional, confidentiality, privacy, intellectual property, publicity, or other legal obligation owed to suPAR Bio or any third party;
use any information obtained through the Services to identify, re-identify, infer the identity of, contact, solicit, market to, surveil, profile, or otherwise target any other user, patient, customer, provider, partner, or individual, except as expressly authorized through the Services and permitted by Applicable Law;
upload, post, transmit, or otherwise make available any content that infringes, misappropriates, or otherwise violates any patent, copyright, trademark, trade secret, privacy right, publicity right, or other proprietary or legal right of suPAR Bio or any third party;
use the Services in connection with any minor in any unlawful or unauthorized manner, or otherwise harm, exploit, or attempt to obtain information relating to a minor without all legally required rights, notices, and authorizations;
advertise, market, promote, offer to sell, offer to buy, solicit, or distribute goods or services through the Services except as expressly authorized in writing by suPAR Bio;
upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, phishing messages, fraudulent communications, or other unauthorized solicitations;
upload, transmit, introduce, or otherwise make available any virus, malware, ransomware, Trojan horse, worm, corrupted file, malicious code, spyware, keystroke logger, or other software, code, script, or device designed to interrupt, damage, intercept, exfiltrate, destroy, limit, monitor, or otherwise interfere with the functionality, integrity, confidentiality, or availability of the Services or any related systems, devices, or data;
use any robot, scraper, crawler, spider, harvester, bot, browser plug-in, extraction tool, AI agent, automated script, or other manual or automated means to access, monitor, collect, scrape, copy, or extract data or content from the Services except as expressly authorized by suPAR Bio in writing;
frame, mirror, deep-link to, simulate, replicate, white-label, or otherwise reproduce the appearance, structure, navigation, functionality, or presentation of any portion of the Services without suPAR Bio’s prior written consent;
probe, scan, test, bypass, disable, interfere with, or attempt to defeat any authentication measure, access control, security feature, rate limit, audit control, consent gate, portal segregation, or other technical or administrative safeguard used in connection with the Services;
interfere with or disrupt the Services or any servers, systems, software, databases, APIs, networks, or infrastructure connected to the Services, or violate any procedure, policy, or requirement applicable to such systems or networks;
reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive source code, underlying ideas, algorithms, models, workflows, or trade secrets from any portion of the Services, except to the extent such restriction is prohibited by Applicable Law;
use the Services or any output from the Services to develop, train, validate, benchmark, improve, or support any competing product, service, model, database, clinical workflow, testing service, or commercial offering, except as expressly authorized in writing by suPAR Bio;
violate these Terms, any applicable Additional Terms, any code of conduct or portal-specific policy, any instruction or restriction communicated by suPAR Bio, or any Applicable Law.
You acknowledge and agree that you are solely responsible for your access to and use of the Services, for any User Content, information, specimens, instructions, authorizations, or materials that you submit or transmit through the Services, and for any breach of your obligations under these Terms. You further acknowledge and agree that suPAR Bio shall have no responsibility or liability to you or to any third party arising from your violation of these Terms, except to the extent required by Applicable Law.
If you breach these Terms, any applicable Additional Terms, or Applicable Law, or if suPAR Bio reasonably suspects that you have done so, suPAR Bio may, subject to Applicable Law and in addition to any other rights or remedies available to it, suspend or terminate your account, revoke your status as an Authorized User, restrict or disable portal access, cancel or refuse orders, remove content, preserve relevant records, report the matter to affected parties or authorities where appropriate, and refuse any current or future access to or use of the Services, in whole or in part.
You agree to defend, indemnify, and hold harmless suPAR Bio and its affiliates, subsidiaries, successors, assigns, contractors, service providers, licensors, officers, directors, employees, and agents from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your access to or use of the Services, your violation of these Terms or Applicable Law, your misuse of any account, credential, data, or specimen, or your infringement or violation of any rights of any person or entity.
Geographic Availability; U.S.-Only Services; Compliance with Applicable Law
The Services are intended only for individuals and entities located in the United States and in jurisdictions within the United States where suPAR Bio elects to make the Services available. You may not purchase, access, use, order, facilitate, market, resell, collect, submit, ship, or receive a suPAR Test or related Services from outside the United States or in any jurisdiction where such Services are unavailable or prohibited by Applicable Law.
You represent and warrant that you are accessing and using the Services from within the United States and in compliance with all Applicable Law. You further agree not to use the Services in any manner that would cause suPAR Bio, its laboratory partners, service providers, contractors, or affiliates to violate any applicable federal, state, or local law, rule, regulation, order, or professional requirement.
You may not export, re-export, transfer, ship, forward, or cause to be transported any specimen collection kit, specimen, test-related material, Services Content, software, technical information, account access credential, or other item or information made available through the Services in violation of Applicable Law or suPAR Bio’s instructions.
suPAR Bio may restrict, refuse, cancel, suspend, or terminate access to the Services, shipment of kits, specimen processing, result delivery, portal access, or related workflows based on geography, licensure, operational feasibility, legal restrictions, sanctions, fraud concerns, or compliance requirements.
Material Provided to suPAR Bio; Your Rights
User Content. suPAR Bio does not claim ownership of User Content that you provide to suPAR Bio, including feedback, suggestions, messages, uploaded materials, or other content that you post, upload, input, submit, transmit, or otherwise make available through the Services. Unless otherwise specified in these Terms or in applicable Additional Terms, you retain whatever right, title, and interest you already hold in and to your User Content. However, by submitting, posting, uploading, inputting, transmitting, or otherwise making available any User Content through the Services, you grant suPAR Bio and its affiliates, subsidiaries, successors, assigns, contractors, service providers, hosting providers, technology vendors, laboratory partners, and other authorized representatives a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, transmit, display, perform, distribute, modify, adapt, format, translate, create derivative works from, and otherwise use such User Content solely as reasonably necessary to operate, provide, maintain, support, improve, secure, administer, and make available the Services, to comply with Applicable Law, and to enforce these Terms and any applicable Additional Terms. You understand and agree that, in performing the technical and operational steps necessary to provide the Services, suPAR Bio and its service providers may: (a) transmit, transfer, host, store, cache, reproduce, reformat, or distribute User Content across various networks, systems, devices, media, and service providers; and (b) make such technical, formatting, administrative, or operational changes to User Content as may be necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, systems, services, portals, workflows, or media. You acknowledge and agree that the foregoing license permits suPAR Bio to take these actions. You represent and warrant that you have all rights, permissions, power, and authority necessary to grant the foregoing license.
Personal Information; Test Information; and Related Data. Personal Information, Test Order Information, Sample and Biomarker Information, Health and Intake Information, Provider and Care Coordination Information, Communications Information, and other information associated with your use of the Services will be collected, used, stored, disclosed, and otherwise processed in accordance with these Terms, the applicable Privacy Policy, any applicable Consent Document, and Applicable Law. To the extent research-related use or disclosure is offered, such use or disclosure will occur only as described in the applicable consent materials, privacy disclosures, and Applicable Law. suPAR Bio cannot control any further use, disclosure, retention, or onward sharing of information that you choose to share yourself with third parties, including healthcare providers, family members, employers, insurers, or others.
Specimens. Any specimen submitted in connection with a suPAR Test may be processed, tested, handled, stored, retained, disposed of, destroyed, or otherwise managed by or on behalf of suPAR Bio in accordance with these Terms, the applicable Consent Document, the applicable Privacy Policy, laboratory procedures, operational requirements, and Applicable Law. Once submitted for testing or processing, a specimen may be altered, consumed, destroyed, de-identified, exhausted, or otherwise rendered unavailable for return, and suPAR Bio is under no obligation to return any specimen to you unless expressly required by Applicable Law or separately agreed in writing.
No Financial Interest. You understand and agree that you should not expect any financial benefit, royalty, payment, or other compensation from suPAR Bio as a result of: (a) your submission of any User Content, specimen, or information; (b) the testing, processing, analysis, reporting, storage, retention, or lawful use of any specimen or information; or (c) the creation, use, disclosure, commercialization, or exploitation of any de-identified information, aggregated information, analytics, insights, workflows, reports, products, services, research outputs, business outputs, or other materials derived from or informed by the Services, in each case to the extent permitted by Applicable Law and these Terms.
Waiver of Property Rights. You understand that, by providing a specimen, submitting information, accessing the Services, receiving a suPAR Bio Results Report, or otherwise using the Services, you acquire no ownership, royalty, compensation, intellectual property, or other proprietary rights in or to any product, service, algorithm, workflow, software, database, methodology, validation study, improvement, publication, invention, research output, commercial output, or other business or operational output that may be developed, created, refined, or commercialized by suPAR Bio or its collaborators using or informed by the Services, de-identified information, aggregated information, or other lawfully obtained insights derived therefrom.
Indemnity
You agree to defend, indemnify, and hold harmless suPAR Bio and its affiliates, subsidiaries, parents, successors, assigns, licensors, service providers, contractors, laboratory partners, specimen collection providers, technology vendors, officers, directors, employees, agents, and representatives from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and legal costs, arising out of or relating to: (a) any User Content, specimen, information, data, consent, authorization, order, or other materials that you submit, upload, transmit, share, post, or otherwise provide through or in connection with the Services; (b) your access to or use of the Services; (c) your violation of these Terms, any applicable Additional Terms, or Applicable Law; (d) your violation, misappropriation, or infringement of any privacy, publicity, confidentiality, intellectual property, proprietary, or other right of any third party; (e) your misuse of any account, credential, portal, test result, suPAR Bio Results Report, Personal Information, Protected Health Information, or other information obtained through the Services; or (f) any false, inaccurate, misleading, unauthorized, unlawful, or improper specimen, submission, representation, warranty, consent, authorization, or disclosure made by you or on your behalf.
If you submit a specimen, facilitate specimen collection, place or facilitate an order, access or share a suPAR Bio Results Report, or otherwise use the Services in connection with yourself or another individual, you further agree to defend, indemnify, and hold harmless suPAR Bio and its affiliates, subsidiaries, parents, successors, assigns, licensors, service providers, contractors, laboratory partners, specimen collection providers, technology vendors, officers, directors, employees, agents, and representatives from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and legal costs, arising out of or relating to: (i) the collection, shipment, handling, processing, testing, reporting, storage, retention, disposal, disclosure, or other lawful use of any specimen or related information in accordance with these Terms, the applicable Consent Document, the applicable Privacy Policy, and Applicable Law; (ii) any disclosure or use of any test result, suPAR Bio Results Report, Personal Information, Protected Health Information, or other information that you authorize, cause, request, direct, facilitate, or permit, whether intentionally, negligently, or inadvertently; and (iii) any use by you or any third party of information obtained through the Services after such information has been lawfully disclosed or made available in accordance with your instructions, consents, authorizations, these Terms, or Applicable Law.
If you are a Provider User, Partner-Facing User, reseller, clinic, medical practice, employer program, or other person or entity acting on behalf of another individual or in connection with another individual’s access to the Services, you additionally agree to defend, indemnify, and hold harmless suPAR Bio and the foregoing indemnified parties from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and legal costs, arising out of or relating to your failure to obtain any required notice, consent, authorization, disclosure, permission, right, or legal basis necessary for suPAR Bio and its service providers to collect, receive, process, use, disclose, store, transmit, or report any specimen, test order information, test result, Personal Information, or other information in connection with the Services.
No Unauthorized Resale or Commercial Exploitation of the Services
Except as expressly permitted under these Terms, any applicable Additional Terms, or a separate written agreement executed by suPAR Biomarker LLC d/b/a suPAR Bio (“suPAR Bio”), you may not display, distribute, license, sublicense, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, market, broker, transfer, assign, lease, lend, exploit, or otherwise use for any commercial purpose all or any portion of the Services, the Services Content, any access to the Services, or any rights granted under these Terms.
For clarity, unless expressly authorized by suPAR Bio in a separate written agreement, you may not: (a) resell or offer for resale any suPAR Test, specimen collection kit, test-related service, portal access, account access, ordering capability, result access, or related workflow; (b) use the Services to support any third-party commercial offering, white-label arrangement, administrative platform, clinical workflow, or business process; or (c) grant any third party access to, or rights in, the Services or Services Content.
Notwithstanding the foregoing, if you are a reseller, physician, provider organization, clinic, partner, or other person or entity that has entered into a separate written agreement with suPAR Bio expressly authorizing the purchase, offering, resale, promotion, or distribution of a suPAR Test or related product or service, your rights and obligations with respect to such authorized activity shall be governed by that separate agreement, together with these Terms to the extent not inconsistent therewith.
Except as expressly authorized in writing by suPAR Bio, nothing in these Terms grants any right to use the Services as a reseller platform, distribution channel, fulfillment engine, ordering intermediary, or commercial pass-through vehicle for any third party.
General Practices Regarding Use and Storage
You acknowledge and agree that suPAR Biomarker LLC d/b/a suPAR Bio (“suPAR Bio”) may establish, implement, and modify general practices, rules, and limits concerning access to and use of the Services, including without limitation with respect to account access, portal availability, session duration, storage capacity, messaging functionality, upload functionality, record retention, data retention, archival practices, reporting availability, download availability, feature access, account inactivity, and the maximum frequency, duration, or volume of access to the Services or any portion thereof.
You further acknowledge and agree that suPAR Bio may retain, archive, delete, purge, de-identify, aggregate, suppress, restrict, or otherwise manage Personal Information, User Content, Communications Information, account records, portal data, test-related records, reports, and other information associated with the Services in accordance with its operational practices, the applicable Privacy Policy, laboratory procedures, contractual obligations, legal and regulatory requirements, and Applicable Law.
While suPAR Bio uses administrative, technical, and physical safeguards designed to support the availability and integrity of the Services and associated information, suPAR Bio does not guarantee that any particular message, communication, report, account record, result, file, upload, or other content will always remain available, accessible, retrievable, or stored without interruption, error, corruption, or loss. To the maximum extent permitted by Applicable Law, suPAR Bio shall not be responsible or liable for any deletion of, failure to store, failure to transmit, delay in transmission of, corruption of, unavailability of, or loss of any messages, communications, data, results, reports, User Content, or other content or information maintained, transmitted, or made available through the Services, including where such issue arises from system maintenance, technical malfunction, third-party service interruption, cyber event, force majeure event, disaster, infrastructure failure, or other event beyond suPAR Bio’s reasonable control.
suPAR Bio reserves the right to change such general practices, rules, and limits at any time in its discretion, subject to Applicable Law and any express obligations set forth in a separate written agreement.
Modifications to the Services
suPAR Bio (“suPAR Bio”) reserves the right, at any time and from time to time, to modify, update, enhance, replace, suspend, limit, or discontinue, temporarily or permanently, the Services or any portion thereof, with or without notice, subject to Applicable Law. You acknowledge and agree that such changes may affect the availability, timing, functionality, layout, workflows, integrations, access conditions, ordering pathways, reporting features, portal features, or other aspects of the Services, including the Website, the D2C Portal, the Partner Portal, or any related tool, function, or feature. suPAR Bio shall not be liable to you or to any third party for any such modification, update, enhancement, replacement, suspension, limitation, or discontinuance, except to the extent required by Applicable Law or expressly set forth in a separate written agreement.
The software, applications, interfaces, scripts, code, and other technology you use in connection with the Services may from time to time automatically or manually download, receive, install, activate, or implement updates, upgrades, patches, bug fixes, configuration changes, security updates, enhanced functions, new modules, revised workflows, or new versions made available by or on behalf of suPAR Bio. You agree to receive and permit such updates, upgrades, patches, fixes, and changes as part of your access to and use of the Services, and you acknowledge that failure to accept or implement such changes may impair or prevent your ability to access or use all or part of the Services.
You further acknowledge that suPAR Bio may, now or in the future, offer different, modified, or additional features, technologies, workflows, products, reports, specimen collection methods, result presentation formats, integrations, portal functions, support offerings, or other services. Your purchase or use of any current Service does not entitle you to any future, modified, upgraded, additional, or replacement product, service, feature, technology, workflow, report, interpretation, portal function, or offering without additional charge unless expressly stated otherwise by suPAR Bio in writing. suPAR Bio may charge additional fees, impose additional terms, or require additional consents, authorizations, onboarding steps, or eligibility criteria in connection with any such future, modified, or additional offering.
Termination
These Terms will continue to apply until terminated by either you or suPAR Bio, as set forth in this Section.
If you wish to stop using the Services, you may do so at any time by ceasing use of the Services. If you have an account, you may also request account closure or deletion in accordance with the applicable account settings, portal functionality, Privacy Policy, or instructions made available by suPAR Bio. Account closure, account deletion, or a request to delete certain data may not result in immediate or complete deletion of all information, and certain information may be retained by suPAR Bio or its service providers as required or permitted by Applicable Law, the applicable Privacy Policy, laboratory record retention requirements, contractual obligations, dispute resolution needs, fraud prevention, security, backup processes, audit requirements, or other legitimate business and legal purposes. Following termination or closure of your account, you may no longer be able to access the Services, your account, the D2C Portal, the Partner Portal, or certain related information or features.
suPAR Bio may, at any time and with or without notice, suspend, restrict, or terminate its legal agreement with you, your status as an Authorized User, your account, your credentials, your access to all or any portion of the Services, or any pending or future order, if: (a) you breach any provision of these Terms, any applicable Additional Terms, or any applicable Consent Document, or act in a manner that indicates you do not intend to, or are unable to, comply with them; (b) suPAR Bio reasonably suspects fraud, abuse, unauthorized access, misuse of the Services, security risk, unlawful conduct, or any other conduct that may expose suPAR Bio or any third party to harm, liability, or risk; (c) suPAR Bio is required to do so by Applicable Law, court order, regulatory requirement, professional obligation, or law enforcement request; (d) any laboratory partner, technology provider, Authorizing Physician Network participant, specimen collection provider, logistics provider, reseller, contracting entity, or other third-party relationship or dependency necessary to provide the applicable Services has ended, changed, or become unavailable; (e) suPAR Bio elects to discontinue, limit, or modify the availability of the Services, the D2C Portal, the Partner Portal, or any feature, workflow, or offering in the jurisdiction, state, territory, or market in which you reside, operate, or access the Services; or (f) continued provision of the Services to you is no longer operationally feasible, commercially reasonable, or legally permissible in suPAR Bio’s judgment.
Any suspected fraudulent, abusive, unauthorized, or illegal activity may be investigated by suPAR Bio and may be referred to law enforcement, regulators, affected contracting entities, healthcare providers, payors, or other appropriate third parties where permitted or required by Applicable Law.
You acknowledge and agree that, to the maximum extent permitted by Applicable Law, suPAR Bio shall not be liable to you or to any third party for any suspension, restriction, denial, cancellation, or termination of access to the Services, an account, a portal, an order, or any related feature, workflow, or information in accordance with these Terms.
Termination or suspension will not affect any rights or obligations that by their nature should survive termination, including without limitation provisions relating to ownership, intellectual property, payment obligations, disclaimers, limitations of liability, indemnification, dispute resolution, data retention, de-identified or aggregated information, and any other provision that expressly or implicitly survives termination.
Survival of Terms
Termination, suspension, expiration, or other cessation of these Terms or your access to or use of the Services will not affect any rights, obligations, or liabilities of you or suPAR Bio that accrued prior to such termination, suspension, expiration, or cessation, or that by their nature are intended to survive. Without limiting the foregoing, any provisions relating to payment obligations, ownership, intellectual property, licenses, user submissions, confidentiality, privacy, data use, data retention, de-identified or aggregated information, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, notices, enforcement, and any other provisions that by their nature should survive shall remain in full force and effect following any termination, suspension, expiration, or other cessation of these Terms or your access to or use of the Services.
Dealings with Third Parties and Listed Resources
The Services may be enabled, hosted, supported, or delivered in whole or in part through third-party platforms, vendors, contractors, service providers, laboratories, specimen collection providers, technology providers, payment processors, logistics providers, physician network participants, and other third parties engaged by or on behalf of suPAR Bio. Your use of Services delivered through such third-party service providers as part of suPAR Bio’s authorized service model remains subject to these Terms, the applicable Privacy Policy, any applicable Consent Document, and any applicable Additional Terms.
However, your separate correspondence, interactions, transactions, or business dealings with any independent third party, including any physician, healthcare provider, listed resource, vendor, sponsor, advertiser, or other person or entity not acting on behalf of suPAR Bio within the scope of the Services, are solely between you and such third party, unless expressly stated otherwise by suPAR Bio in writing.
Without limiting the foregoing, if you are contacted by, referred to, or choose to interact with a physician, healthcare provider, or other third party in their independent professional capacity, including outside the scope of suPAR Bio’s contracted service model, any advice, care, treatment, follow-up, diagnosis, recommendation, prescription, or other professional service provided by such third party is solely the responsibility of that third party and not suPAR Bio.
You acknowledge and agree that suPAR Bio is not responsible for, and shall not be liable for, any loss, damage, claim, liability, delay, deficiency, dispute, error, omission, injury, or other issue arising out of or relating to any such independent third-party dealings, relationships, goods, services, content, promotions, resources, or offerings, except to the extent required by Applicable Law or expressly assumed by suPAR Bio in a separate written agreement.
Hyperlinks and Third-Party SitesThe Services may provide, or third parties may provide, links to third-party websites, applications, portals, platforms, services, or other resources. Because suPAR Bio does not control such third-party sites or resources, you acknowledge and agree that suPAR Bio is not responsible for the availability, accuracy, content, privacy practices, security, terms, policies, advertising, products, services, or other materials on or available from such third-party sites or resources, and the inclusion of any such link does not imply endorsement, sponsorship, affiliation, verification, or approval by suPAR Bio unless expressly stated otherwise in writing.
You further acknowledge and agree that suPAR Bio shall not be responsible or liable, directly or indirectly, for any damage, loss, claim, liability, or other issue caused by or alleged to be caused by or in connection with your use of, reliance on, or access to any such third-party site, application, portal, platform, service, content, goods, or resource.
suPAR Bio Proprietary Rights
You acknowledge and agree that suPAR Bio or its licensors, as applicable, own all right, title, and interest in and to the Services, the Services Content, and all related software, technology, workflows, interfaces, portal designs, features, functionality, content, compilations, reports, methodologies, tools, branding, and other materials made available by or on behalf of suPAR Bio, including all intellectual property and proprietary rights therein, whether registered or unregistered and wherever such rights may exist.
You further acknowledge and agree that, as between you and suPAR Bio, suPAR Bio owns any de-identified information, aggregated information, analytics, benchmarks, operational outputs, reporting formats, workflows, and other data sets, materials, or outputs created, derived, generated, compiled, or developed by or on behalf of suPAR Bio from information collected through or in connection with the Services, in each case to the extent permitted by Applicable Law.
You acknowledge and agree that the Services may contain confidential, proprietary, or trade secret information of suPAR Bio or its licensors, partners, vendors, or service providers, and you shall not disclose, copy, use, or permit the use of such information except as expressly authorized by these Terms, any applicable Additional Terms, or suPAR Bio in writing.
You further acknowledge and agree that the Services and any software, code, scripts, APIs, modules, interfaces, or other technology used in connection with the Services (collectively, “Software”) contain proprietary and confidential information protected by intellectual property, trade secret, and other laws. Except as expressly authorized by suPAR Bio in writing or to the extent required by Applicable Law, you agree not to, and not to permit any third party to, copy, modify, adapt, translate, distribute, publish, display, create derivative works from, reverse engineer, decompile, disassemble, decode, scrape, extract, mirror, frame, sublicense, assign, lease, sell, transfer, or otherwise attempt to access or exploit any source code, object code, underlying structure, sequence, organization, algorithms, models, trade secrets, or other proprietary elements of the Services, Software, or any portion thereof.
Any Software made available by suPAR Bio through the Services is licensed, not sold. If any Software is accompanied by an end user license agreement, click-through agreement, portal terms, API terms, mobile application terms, or other supplemental license terms, your use of such Software will also be subject to those terms. You may not install, access, or use any such Software unless you agree to any applicable supplemental license or use terms.
Unless otherwise expressly provided in a separate written agreement, and subject to your compliance with these Terms and any applicable Additional Terms, suPAR Bio grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services and any Software solely in object code form and solely as necessary for your permitted use of the Services in the manner authorized by these Terms. This limited right does not grant you any ownership interest in the Services, Software, or any related intellectual property or proprietary rights.
suPAR Bio, suPARbio™, suPAR Bio Results Report, testsupar.com, partner.testsupar.com, and any other suPAR Bio names, logos, trademarks, service marks, trade names, product names, domain names, slogans, and other distinctive brand features, whether registered or unregistered, are the trademarks, service marks, trade names, or branding of suPAR Bio or its licensors (“suPAR Bio Branding”). Except as expressly authorized by suPAR Bio in writing, nothing in these Terms grants you any right to use any suPAR Bio Branding, and you agree not to use, display, reproduce, refer to, or otherwise exploit any suPAR Bio Branding in any manner that is likely to cause confusion, imply endorsement, misrepresent affiliation, or otherwise violate suPAR Bio’s rights.
You agree not to remove, obscure, alter, or interfere with any copyright, trademark, trade secret, confidentiality, attribution, disclaimer, or other proprietary rights notice appearing in or on the Services, the Services Content, Software, reports, portal materials, downloadable materials, or any other content or materials made available through the Services.
You further agree that, unless expressly authorized in writing by the applicable rights holder, you will not use any trademark, service mark, trade name, logo, domain name, or other distinctive brand feature of any person or entity in a manner that is likely or intended to cause confusion regarding the owner, sponsor, source, affiliation, or authorized user of such mark or branding.
Except for the limited rights expressly granted in these Terms, no right, title, or interest in or to the Services, Services Content, Software, or suPAR Bio Branding is granted to you, whether by implication, estoppel, waiver, or otherwise. All rights not expressly granted are reserved by suPAR Bio and its licensors.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, INCLUDING WITHOUT LIMITATION THE WEBSITE, THE D2C PORTAL, THE PARTNER PORTAL, ANY SUPAR TEST, ANY SUPAR BIO RESULTS REPORT, ANY SERVICES CONTENT, ANY SOFTWARE, ANY WORKFLOW, ANY COMMUNICATION, AND ANY RELATED PRODUCTS, FEATURES, OR FUNCTIONALITY, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUPAR BIOMARKER LLC D/B/A SUPAR BIO (“SUPAR BIO”) EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, QUIET POSSESSION, OR THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, SUPAR BIO DOES NOT WARRANT THAT: (a) THE SERVICES WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, OR INTENDED PURPOSE; (b) THE SERVICES WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM DELAY, LOSS, CORRUPTION, ATTACK, VIRUSES, OR OTHER HARMFUL COMPONENTS; (c) THE SERVICES, ANY PORTAL, ANY SOFTWARE, ANY COMMUNICATION, ANY RESULT DELIVERY WORKFLOW, OR ANY DATA TRANSMISSION WILL BE COMPATIBLE WITH YOUR DEVICE, SYSTEM, BROWSER, NETWORK, OR THIRD-PARTY PLATFORM; (d) ANY TEST RESULT, SUPAR BIO RESULTS REPORT, REFERENCE RANGE, FLAG, INTERPRETIVE CONTENT, EDUCATIONAL CONTENT, SUPAR BIO AGE INDEX, OR OTHER OUTPUT OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, CLINICALLY ACTIONABLE, OR APPLICABLE TO YOUR INDIVIDUAL CIRCUMSTANCES; (e) ANY DEFECT, ERROR, OMISSION, INTERRUPTION, SECURITY ISSUE, OR SOFTWARE BUG WILL BE CORRECTED; (f) ANY SPECIMEN WILL BE SUCCESSFULLY COLLECTED, RECEIVED, PROCESSED, SHIPPED, TESTED, OR REPORTED; OR (g) ANY PRODUCT, SERVICE, PHYSICIAN, PROVIDER, LABORATORY, SPECIMEN COLLECTION PROVIDER, OR THIRD PARTY IDENTIFIED THROUGH OR IN CONNECTION WITH THE SERVICES WILL MEET YOUR EXPECTATIONS OR PRODUCE ANY PARTICULAR OUTCOME.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT: (i) SUPAR IS A NON-SPECIFIC BIOMARKER ASSOCIATED WITH IMMUNE ACTIVATION AND CHRONIC LOW-GRADE INFLAMMATION; (ii) ANY RESULT OR REPORT MADE AVAILABLE THROUGH THE SERVICES MUST BE INTERPRETED IN THE CONTEXT OF CLINICAL HISTORY, SYMPTOMS, AND OTHER LABORATORY OR DIAGNOSTIC FINDINGS BY A LICENSED HEALTHCARE PROVIDER; (iii) THE SUPAR TEST IS OFFERED AS A LABORATORY-DEVELOPED TEST (“LDT”) AND HAS NOT BEEN CLEARED OR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION; (iv) THE SERVICES DO NOT CONSTITUTE MEDICAL ADVICE, MEDICAL CARE, EMERGENCY CARE, DIAGNOSIS, OR TREATMENT; AND (v) NO ORAL OR WRITTEN INFORMATION, STATEMENT, OR ADVICE PROVIDED BY SUPAR BIO OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS.
ANY MATERIAL DOWNLOADED, ACCESSED, OR OTHERWISE OBTAINED THROUGH THE SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, SYSTEM, SOFTWARE, OR DATA, OR FOR ANY OTHER LOSS OR CONSEQUENCE RESULTING FROM SUCH DOWNLOAD, ACCESS, OR USE.
YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER TO SHARE ANY TEST RESULT, SUPAR BIO RESULTS REPORT, PERSONAL INFORMATION, OR OTHER INFORMATION WITH ANY THIRD PARTY. SUPAR BIO DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR ANY ACTIONS, DECISIONS, USES, DISCLOSURES, OR CONSEQUENCES RESULTING FROM YOUR SHARING OF SUCH INFORMATION OR FROM ANY THIRD PARTY’S INDEPENDENT USE OF THE SAME.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUPAR BIO OR ITS AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS, ASSIGNS, LICENSORS, CONTRACTORS, SERVICE PROVIDERS, LABORATORY PARTNERS, SPECIMEN COLLECTION PROVIDERS, TECHNOLOGY VENDORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, USE, DATA, CONTRACTS, ANTICIPATED SAVINGS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUPAR BIO SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, CLAIM, COST, OR LIABILITY ARISING OUT OF OR RELATING TO: (a) YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON THE SERVICES; (b) ANY HEALTH, MEDICAL, WELLNESS, PERSONAL, BUSINESS, FINANCIAL, EMPLOYMENT, INSURANCE, OR OTHER DECISION OR ACTION YOU TAKE OR FAIL TO TAKE BASED ON ANY INFORMATION MADE AVAILABLE IN, THROUGH, OR FROM THE SERVICES; (c) ANY SPECIMEN COLLECTION ISSUE, SHIPPING ISSUE, HANDLING ISSUE, PROCESSING FAILURE, REPORTING DELAY, RESULT UNAVAILABILITY, OR TEST LIMITATION; (d) ANY INTERRUPTION, DELAY, ERROR, OMISSION, LOSS, CORRUPTION, DELETION, SECURITY INCIDENT, UNAUTHORIZED ACCESS, OR ALTERATION OF ANY DATA, TRANSMISSION, ACCOUNT, OR CONTENT; (e) YOUR FAILURE TO KEEP ACCOUNT CREDENTIALS, PASSWORDS, MULTIFACTOR AUTHENTICATION METHODS, OR OTHER ACCESS DETAILS SECURE AND CONFIDENTIAL; (f) THE ACTS, OMISSIONS, STATEMENTS, ADVICE, CONTENT, GOODS, OR SERVICES OF ANY THIRD PARTY, INCLUDING ANY PHYSICIAN, HEALTHCARE PROVIDER, AUTHORIZING PHYSICIAN NETWORK PARTICIPANT, LABORATORY, SPECIMEN COLLECTION PROVIDER, PAYMENT PROCESSOR, LOGISTICS PROVIDER, TECHNOLOGY VENDOR, PARTNER, OR LISTED RESOURCE; (g) ANY UNAUTHORIZED, IMPROPER, FRAUDULENT, OR MISTAKEN ORDER, CONSENT, AUTHORIZATION, ACCOUNT ACCESS, OR DISCLOSURE MADE BY YOU OR BY SOMEONE CLAIMING TO ACT ON YOUR BEHALF; OR (h) ANY MODIFICATION, SUSPENSION, RESTRICTION, OR DISCONTINUANCE OF THE SERVICES OR ANY PORTION THEREOF.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF SUPAR BIO ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (1) THE AMOUNT YOU PAID TO SUPAR BIO FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (2) THREE HUNDRED NINETY FIVE U.S. DOLLARS (US $395.00).
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE RELEVANT DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS, LIMITATIONS, OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Notice
Notices to you may be provided by suPAR Bio by email, postal mail, courier, postings on or through the Services, in-account notifications, or by any other reasonable means using the contact information associated with your account or otherwise provided by you.
Official notices relating to these Terms must be sent to:
suPAR Biomarker LLCATTN: suPAR Bio Compliance
1507 Avenida Ponce de León
La CASA – Suite 209
San Juan, Puerto Rico 00909
Unless otherwise expressly required by Applicable Law, a notice from you will be effective only if it is in writing and sent to the foregoing address in accordance with this section. suPAR Bio may update its notice information from time to time by posting updated contact information through the Services or otherwise providing notice to you. Notices that do not comply with this section may not be effective for legal notice purposes.
Changes to the Terms of Service
suPAR Bio may revise, update, modify, or supplement these Terms from time to time. When we do, we will make the updated Terms available through the Services, including by posting the revised Terms on the Website or otherwise making them available through the applicable portal, platform, or other affected portion of the Services, and we may also make any related Additional Terms available through the applicable Services.
Except as otherwise required by Applicable Law, the revised Terms will become effective as of the “Last Updated” date or other effective date stated in the revised Terms. If suPAR Bio makes a material change to these Terms, suPAR Bio may provide additional notice, such as by posting a notice through the Services, through the D2C Portal or Partner Portal, or by sending notice to the email address associated with your account, prior to or at the time the updated Terms become effective.
If you do not agree to the revised Terms, you must stop using the Services. Subject to Applicable Law, your continued access to or use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.
If permitted by the applicable portal functionality and subject to the applicable Privacy Policy and Applicable Law, you may request account closure or discontinue use of the Services at any time.
Violation or Suspected Violation of Terms
If you violate these Terms, any applicable Additional Terms, any applicable Consent Document, or Applicable Law, or if suPAR Biomarker LLC d/b/a suPAR Bio (“suPAR Bio”) reasonably suspects that you have done so, suPAR Bio may, subject to Applicable Law and in addition to any other rights or remedies available to it, suspend or terminate your account, revoke your status as an Authorized User, restrict or disable access to the Services, the D2C Portal, the Partner Portal, or any related feature or workflow, cancel or refuse orders, remove content, preserve relevant records, and refuse any current or future access to or use of the Services, in whole or in part.
Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, SUBJECT TO APPLICABLE LAW, YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE CERTAIN CLAIMS DECIDED BY A JUDGE OR JURY.
Informal Dispute Resolution
If you have a concern, dispute, claim, or disagreement arising out of or relating to these Terms or the Services, you agree to first contact suPAR Bio and attempt in good faith to resolve the matter informally before initiating arbitration or litigation, unless immediate injunctive or equitable relief is reasonably necessary. Notices of disputes should be sent in accordance with the Notices section of these Terms, or by such other contact method as suPAR Bio may designate for dispute notices from time to time.
Agreement to Binding Arbitration
Except for disputes or claims expressly excluded below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, any suPAR Test, any suPAR Bio Results Report, any account, any portal, any order, any Consent Document, the Privacy Policy, the relationship between you and suPAR Bio, or the breach, termination, enforcement, interpretation, validity, or formation of any of the foregoing, including any determination of the scope or applicability of this arbitration provision, shall be resolved exclusively by final and binding arbitration on an individual basis.
The arbitration shall be conducted in Puerto Rico before a single neutral arbitrator and shall be administered in accordance with the applicable arbitration rules in effect at the time the claim is filed, except to the extent such rules are modified by these Terms. The arbitrator shall have exclusive authority to resolve all issues relating to the interpretation, applicability, enforceability, and formation of this arbitration provision, including any claim that all or any part of this arbitration provision or these Terms is void or voidable, except that a court of competent jurisdiction may determine issues relating to the enforceability of the class action waiver set forth below to the extent required by Applicable Law.
The arbitrator may award any relief available under Applicable Law on an individual basis, including injunctive or declaratory relief where permitted, and shall issue a written decision stating the essential findings and conclusions on which the award is based. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Unless otherwise required by the applicable arbitration rules, Applicable Law, or the arbitration provider, each party shall bear its own attorneys’ fees and costs, and arbitration fees shall be allocated in accordance with the applicable arbitration rules and Applicable Law. Nothing in this section is intended to limit any non-waivable rights you may have under Applicable Law.
Class Action and Class Arbitration Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SUPAR BIO AGREE THAT ANY DISPUTE SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF, CLAIMANT, CLASS REPRESENTATIVE, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR PARTICIPANT IN ANY REPRESENTATIVE, CONSOLIDATED, COLLECTIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW.
If the class action waiver above is found to be invalid or unenforceable as to any particular claim or request for relief, then that claim or request for relief shall proceed in a court of competent jurisdiction and not in arbitration, and the remainder of this arbitration provision shall continue to apply to the maximum extent permitted by Applicable Law.
Exceptions
Notwithstanding the foregoing, either party may: (a) bring an individual action in a court of competent jurisdiction for claims that qualify for small claims court treatment, to the extent such claim remains in small claims court and proceeds only on an individual basis; (b) seek temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction as necessary to protect intellectual property rights, confidential information, trade secrets, or other proprietary rights; or (c) seek relief in a court of competent jurisdiction where arbitration is prohibited or unenforceable under Applicable Law.
Optional Opt-Out Right
If you are an individual consumer, you may opt out of the binding arbitration and class action waiver provisions of this section by sending written notice of your decision to opt out within thirty (30) days after your first acceptance of these Terms or any version of these Terms containing an arbitration provision, whichever is later. Your opt-out notice must clearly state your name, the email address associated with your account, and your intent to opt out of arbitration, and must be sent in accordance with the Notices section of these Terms. If you validly opt out, neither you nor suPAR Bio will be bound by the arbitration provisions of this section, but all other provisions of these Terms will remain in effect.
Time Limit to Bring Claims
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES; OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED. THIS LIMITATION DOES NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Governing Law and Venue for Litigation
These Terms, and any dispute arising out of or relating to these Terms or the Services, shall be governed by the laws of Puerto Rico, without regard to conflict of law principles, except to the extent preempted or superseded by applicable federal law.
To the extent any dispute is not subject to arbitration, or where arbitration is unenforceable or does not apply, the parties agree that such dispute shall be brought exclusively in the state or federal courts located in San Juan, Puerto Rico, and each party irrevocably submits to the personal jurisdiction and venue of such courts, except where Applicable Law requires otherwise. To the maximum extent permitted by Applicable Law, each party waives any objection based on an inconvenient forum or any similar doctrine.
Miscellaneous
No Waiver. No failure or delay by suPAR Bio in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver thereof, and no single or partial exercise of any right, remedy, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Electronic Records. You agree that a printed version of these Terms and of any notice, consent, authorization, record, or other communication given or maintained in electronic form shall be admissible in any judicial, administrative, arbitration, or other proceeding to the same extent and subject to the same conditions as other business records originally generated and maintained in documentary form.
Headings. Headings and captions in these Terms are for convenience only and shall not affect the meaning, interpretation, or enforceability of these Terms.
Severability. If any provision of these Terms is held to be invalid, illegal, unenforceable, or incapable of being enforced to any extent, such provision shall be modified or, if necessary, severed only to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect.
Assignment. You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of suPAR Bio. Any attempted assignment, transfer, delegation, or sublicense in violation of the foregoing shall be null and void. suPAR Bio may assign, transfer, delegate, subcontract, or otherwise convey any of its rights or obligations under these Terms, in whole or in part, without notice to you, including in connection with any affiliate transaction, financing, reorganization, corporate restructuring, merger, acquisition, asset sale, service-provider arrangement, or other business transaction.
Relationship of the Parties. Nothing in these Terms shall be construed to create any joint venture, partnership, employment, fiduciary, agency, or franchise relationship between you and suPAR Bio, except as expressly stated in a separate written agreement.
Force Majeure. suPAR Bio shall not be liable for any delay, failure, interruption, or impairment in performance resulting from any cause beyond its reasonable control, including acts of God, natural disasters, public health events, epidemics, pandemics, labor disputes, shortages, supply chain disruptions, power outages, telecommunications failures, internet disruptions, cyber incidents, acts of government, war, terrorism, civil unrest, transportation failures, or the failure of third-party service providers, laboratories, logistics providers, or infrastructure.
No Third-Party Beneficiaries. Except as otherwise expressly provided in these Terms, these Terms are for the benefit of you and suPAR Bio only and do not create any third-party beneficiary rights in any other person or entity.
Entire Agreement
These Terms, together with any applicable Additional Terms, Consent Documents, the applicable Privacy Policy, and any other documents expressly incorporated by reference, constitute the entire agreement between you and suPAR Biomarker LLC d/b/a suPAR Bio (“suPAR Bio”) with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, representations, communications, negotiations, and agreements, whether written or oral, relating to the same subject matter.
No amendment or modification of these Terms shall be binding unless made by suPAR Bio in writing or posted through the applicable Services in accordance with the Terms update provision. You acknowledge that no employee, contractor, agent, or representative of suPAR Bio is authorized to modify these Terms except through a formal written amendment or an authorized update issued by suPAR Bio.
Electronic Acceptance
You acknowledge and agree that acceptance of these Terms through affirmative electronic acknowledgment, including checking a box, clicking “I agree,” “accept,” or similar language, creating an account, logging in, accessing the Services, purchasing or ordering a suPAR Test, submitting information or a specimen, accessing a suPAR Bio Results Report, or otherwise using any portion of the Services where acceptance is indicated by conduct, constitutes a legally binding agreement equivalent to a signed written contract.
Acknowledgment and Acceptance of Terms
By creating an account, accessing the Website, the D2C Portal, the Partner Portal, or any other portion of the Services, purchasing, ordering, offering, facilitating, reselling where separately authorized, receiving, or otherwise using the suPAR Bio Test or any related Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, including without limitation the provisions relating to dispute resolution, arbitration where applicable, indemnification, limitation of liability, intellectual property, confidentiality, privacy, and governing law.
You further represent and warrant that you have the legal right, authority, and capacity to enter into these Terms on your own behalf and, if you are accepting these Terms on behalf of a medical practice, clinic, company, organization, or other entity, that you have full authority to bind that entity to these Terms and that such acceptance constitutes a binding and enforceable agreement under Applicable Law.
If you do not agree to these Terms, you must not create an account, access the Services, use the Website, the D2C Portal, or the Partner Portal, purchase or order a suPAR Test, submit a specimen, access a suPAR Bio Results Report, or otherwise access or use any portion of the Services.
Subject to Applicable Law, your continued access to or use of the Services following any update to these Terms constitutes your acceptance of the revised Terms.