Last Updated: August 7, 2025
These Terms of Use (“Terms of Use”) are a binding agreement between you, the website user and Metabolic Psychiatry Labs Inc. (“Company”) that govern your use of the website located at https://www.metabolicpsychiatrylabs.com/, its subdomains and components, as well as the content, features, Applications, and materials appearing on the website (together with any successor site, the “Site”). The Company may also offer its respective Platforms, Software, or other services (collectively “Services”) through the Site. These Terms of Use also govern your use of the Services unless you enter into a Services specific agreement with the Company. In consideration of your agreement to these Terms of Use and for other valuable consideration, you are granted a nonexclusive, non-transferable, limited, revocable license to access and use the Site under the laws of the United States. We reserve all rights not expressly granted in these Terms of Use.
Company is also referred to throughout these Terms of Use as “us”, “ours”, or “we”. For purposes of these Terms of Use, “you” and “your” means you as the individual using the Site.
Restrictions. This Site is protected by United States copyright law, international treaty provisions, and trade secret, trade dress and other intellectual property laws. Unauthorized copying of or access to the Site is expressly forbidden. You may not copy, disclose, loan, rent, sell, lease, give away, give your password to or otherwise allow access to the Site by any other person, except that you may allow your spouse or immediate family to use the Site for the purpose of processing your data. You agree to only use the Site to process your own data. You agree not to misuse, abuse, or overuse beyond reasonable amounts, the Site. You agree not to attempt to view, disclose, copy, reverse engineer, disassemble, decompile or otherwise examine the source program code behind the Site. You may be held legally responsible for any copyright infringement or other unlawful act that is caused or incurred by your failure to abide by these Terms of Use.
By using the Site and or Services, you accept all the Terms of Use and represent to us that you are at least 18 years of age and legally competent to enter into and agree to these Terms of Use. The Site is not designed or intended to appeal to minors, and we do not knowingly collect information from children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at admin@metabolicpsychiatrylabs.com so we can promptly delete that information.
These Terms and Conditions also apply to your use of our mobile application (“Application”). By using the Application, you consent to these Terms and Conditions. It is your responsibility to check the Site periodically to see if any terms have been changed or modified. Your continued use of the Application constitutes your acceptance of any updates to these Terms and Conditions.
To use the Application, you must have an account with us that you can create using the Site. The Application connects with the Site. The Application receives, processes and stores data that you enter into the Application, or that we obtain with your consent. Some of the data entered into, processed, and disclosed by the Application and the Site is protected health information (“PHI”) as defined in the Health Insurance Portability and Accountability Act and/or Personally Identifiable Information (“PII”). By entering PHI and/or PII into the Site or Application, you consent to us receiving, using, processing, disclosing the PHI and PII as necessary to provide you with the Services. Company may receive, collect, store, transmit and disclose certain data and information, including but not limited to information and/or data regarding usage of your device and software, and geographical location as detailed more fully in the Privacy Policy.
Company services may be made available to you through the SITE. Your rights to access and use the services, including any Software THAT WE EMPLOY IN THE DELIVERY OF THE services will be subject to your agreement to the applicable software terms and/or license agreement governing your use of the respective service (THE “AGREEMENT”). You may not use THE APPLICATION, SITE, OR services unless you agree to be bound by all APPLICABLE terms and conditions.
The Site is intended to be accessed only by individuals who reside in the United States. If you reside outside the United State, use of the Site is subject to US law.
All users of the Site must accept and comply with the terms and conditions set forth in these Terms of Use and our Privacy Policy. If you have any questions regarding these Terms of Use, please contact us via email at admin@metabolicpsychiatrylabs.com.
These Terms of Use include (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; (3) waiver of jury trial AND (4) a release by you of all claims for damage against us that may arise out of your use of the Site and/or the Service. By using THE SITE, you agree to THESE PROVISIONS.
We reserve the right to modify the Terms of Use at any time in our sole discretion by including such alteration and/or modification in these Terms of Use, along with a notice of the effective date of such modified Terms of Use. Your continued use of the Site after we post modified Terms of Use shall be your consent to the modified Terms of Use. Accordingly, if at any time you do not agree to be subject to any modified Terms of Use, you may no longer use the Site.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a written notice by mail or by e-mail requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly submitted a notice of copyright infringement to us involving content that you made available through the Site, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
WE RESERVE THE RIGHT TO REMOVE ANY CONTENT, MATERIAL, OR SUBMISSION FOR ANY REASON, INCLUDING IF WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SITE.
As you use the Site, we will gather and use information about you for a variety of lawful purposes, including to provide, support and improve Site, to integrate it with third-party service providers, and to create anonymized data that may be used for lawful business purposes. Our collection and use of data through the Site is governed by and described in more detail in our Privacy Policy. By using the Site, you agree that data about you may be used in accordance with our Privacy Policy.
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a Class Action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a Class Action. This arbitration provision will survive any termination of these Terms of Use.
Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a participant or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this Class Action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and us each waive any right to a jury trial.
Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210, hearing-impaired persons: 711, or 1-800-735-2929 (TTY), California Relay Service: 1-800-735-2922 (Voice).
State-Specific Rights. Depending on your state of residence, you may have additional rights under applicable state laws. These Terms of Use are intended to supplement, and not limit, any such rights. To the extent any provision of these Terms conflicts with your rights under the laws of your state, those state-specific rights will govern. If you are a resident of a state with specific consumer protection laws or other regulations applicable to website use, you may have additional protections not explicitly stated in these Terms.
If you have questions about your rights or how they apply to your use of this website, please contact us using the contact information below.
Effective Date: August 7, 2025
This website privacy policy (“Privacy Policy”) applies to our collection, use, and disclosure of data received or created by your access to and use of certain items provided by us, “Metabolic Psychiatry Labs Inc.,” (referred to here as “Company,” “we,” “us,” or “our”). These items consist of our website at https://www.metabolicpsychiatrylabs.com/ (the “Site”). This Privacy Policy also governs your use of our patient facing application (“Application”).
Your Consent
By accessing or using the Site, you are consenting to our processing of the information described in this Privacy Policy. “Processing,” means using cookies on a computer or mobile device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining, and disclosing information. Information processed by the Site will be transferred, processed, and stored in accordance with United States state and federal law.
What information is collected by the Site and how is it used?
The Site may collect certain information automatically, such as the type of device you use, your device’s unique device ID, the IP address of your device, your operating system, location data if enabled, the type of internet browsers you use, and information about your use of the Site (“Usage Data”). Usage Data will be used by us either individually or in aggregated form to enhance and improve the Site and for other lawful purposes.
The Site may also collect information that you enter into the Site, this may include Personally Identifiable Information (“PII”) such as name, email address, mailing address, telephone number, login credentials, if you create an account, device identifiers, and any other information that can reasonably identify you. If you use the Site for health related services, we may need to collect Protected Health Information (“PHI”) as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), including but not limited to medical history, treatment or diagnostic information, health insurance information, physician or provider names and any identifiable health data you submit to the Site.
Do third parties see and/or have access to information obtained by the Site?
Usage Data may be shared with the third-party service providers who host and support the application on our behalf. These service providers do not have any right to independently use any personal information that we share with them.
PHI may be shared with Business Associates, as defined by HIPAA, as required to provide services to you in accordance with a required Business Associate Agreement. PHI may also be shared with health care providers and health insurance companies for Treatment, Payment or Operations purposes. PHI and PII will only be shared in accordance with applicable law.
We do not sell your PHI or PII. We may disclose it to service providers, to comply with legal obligations to protect rights and safety or with your consent.
What are my opt-out rights?
We only collect the Usage Data that is necessary to provide you with the Site. Because of this, the only way to opt out of us collecting Usage Data is to stop using the Site. You can terminate your user account at any time.
Data retention policy
We retain personal information about you for as long as you use the Site and for a reasonable period after you stop visiting the Site. We use and retain Usage Data, in both individualized and in aggregate form, indefinitely.
If you delete your user account, we are obligated to retain records in accordance with applicable state and federal law. We will only retain your PII and PHI as required by law.
Security
We are concerned about protecting the confidentiality of all information that we interact with in providing the Site. We and our service providers make use of physical, electronic, and procedural safeguards to protect the information that we process and maintain. Although we endeavor to provide security for the information that we process and maintain based on the sensitivity of that information, no security system can prevent all potential security breaches.
In addition to the security safeguards we provide, we urge you to take precautionary measures in maintaining the integrity of your data.
YOUR STATE PRIVACY RIGHTS: TERMS APPLICABLE TO CALIFORNIA, COLORADO, CONNECTICUT, IOWA, MINNESOTA, MONTANA, NEBRASKA, NEW HAMPSHIRE, NEW JERSEY, OREGON, TEXAS, UTAH AND VIRGINIA, RESIDENTS, INCLUDING YOUR CALIFORNIA PRIVACY RIGHTS (“collectively “State Consumer Privacy Laws”). If you believe you have additional rights under your State Consumer Privacy Law, please contact us.
State-Specific Disclosures (Supplemental to HIPAA Privacy Rights). We are committed to protecting the privacy of PII and PHI. To the extent we handle PHI our practices are governed by HIPAA and its implementing regulations. In addition to your rights under HIPAA, residents of certain U.S. states may have additional privacy rights under State Consumer Privacy Laws. Relationship Between State Consumer Privacy Laws and HIPAA. Where information is protected under HIPAA, State Consumer Privacy Laws may not apply. However, if we collect or process PII outside of HIPAA-covered contexts (e.g., via marketing websites, mobile apps, or consumer-facing tools), State Consumer Privacy Laws may apply.
How to Submit a Privacy Request
To exercise your state-specific privacy rights (where applicable), please contact us using the contact information below:
Email: admin@metabolicpsychiatrylabs.com
Mailing Address: Metabolic Psychiatry Labs Inc., 325 Sharon Park Drive, Suite 209, Menlo Park, CA 94025
Right to Know or Access Your personal information
California residents have a right to access any of the following which occurred in the prior 12-month period:
The specific pieces of personal information that we have collected from you;
The categories of personal information we collected from you;
The categories of sources from which the personal information was collected;
The categories of third parties to whom we have disclosed your personal information;
The categories of personal information that we sold or shared for a Business Purpose (as defined under the California Privacy Rights Act) and the categories of third parties to whom it was disclosed for a Business Purpose; and
The business or commercial purpose for collecting, sharing, or selling your personal information.
Colorado, Connecticut, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah, and Virginia residents have the right to confirm whether we are processing your personal data and to access such personal data. Oregon residents may also request a list of third parties to which we disclose personal data.
Right to Deletion
Depending on the state in which you live, you may have a right to request that we delete personal information or personal data we collected from you or the right to request that we delete all personal information or personal data we have collected about you. We will comply with such requests, and direct our service providers to do the same, subject to certain exceptions permitted by applicable law.
Right to Correct Your Information
Depending on the state in which you live, you may have a right to request that we correct your inaccurate personal information or personal data. If you request that we correct inaccurate personal information or personal data about you, we will use commercially reasonable efforts to correct it. If necessary, we may ask that you provide documentation showing that the information we retained is inaccurate.
Right to Data Portability
Depending on the state in which you live, you may request a copy of your personal information or personal data we collected from you or request a copy of all the personal information or personal data we have collected about you in a portable and, to the extent technically feasible, readily usable format.
Who May Exercise Your Rights. You may only make a request to exercise your rights on behalf of yourself. A parent or legal guardian may make a request on behalf of their child. If you are a California, Colorado, Connecticut, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, or Texas resident, a person that you authorize to act on your behalf may make a request related to your personal information. See “Authorized Agents” below for more information.
Verifiable Consumer Request. To verify your request, you must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or personal data, and you must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. To verify your identity, we may ask you to log into your account (if you have an account with us) or provide additional information. Any information you provide will only be used to verify your request. When seeking additional information from you, we may contact you through your account or the contact phone number or email address you provided in your request. If we cannot verify your identity, we may deny your request.
Authorized Agents. Colorado, Connecticut, Montana, Nebraska, New Hampshire, New Jersey, Oregon, and Texas residents may submit a request to opt out through an authorized agent. California residents also have a right to submit requests to exercise any privacy right through an authorized agent. If you choose to use an authorized agent, you must (a) provide signed permission to that authorized agent to submit requests on your behalf, and (b) verify your identity.
We may deny a request from an authorized agent if we do not have proof that they are authorized by you to act on your behalf.
When We Will Respond. We will try to respond to your request within 45 days. If we require additional time, we will inform you of the reason and extension period. Any disclosures we provide to California residents will only cover the 12-month period preceding our receipt of your request. For data portability requests, we will select a format to provide your personal information to you. We may charge a fee to process or respond to your request if it is excessive , repetitive, or manifestly unfounded.
Changes
We may change or update this Privacy Policy from time to time for any reason. We will inform you of any changes to the Privacy Policy before those changes go into effect.
End User License Agreement updated August 18, 2025.
Welcome to Metabolic Psychiatry! Please take a few minutes to read these important terms and conditions (“Terms”) that govern your use of our Application.
If you are experiencing a medical crisis, call 911 or contact your local emergency service immediately.
INTRODUCTION
This End User License Agreement ("EULA") is an agreement between you and Metabolic Psychiatry ("we" or "us"). This EULA controls your use of our [[NAME OF APP]] (referred to as the "Software") and anything that comes with it, like information, services, and features. It also includes any documents or other materials available through, or related to the Software, as well as any other services or items provided by us or our affiliated companies (together, the "Services").
This EULA doesn't cover how you use https://www.metabolicpsychiatrylabs.com/ which has its own rules in a separate set of Terms and Conditions and Privacy Policy . It also doesn't apply to any other websites or apps besides the Software.
Make sure to read this EULA carefully before using our Software or Services. If you tap or click "I agree," "I accept," or any similar button or box related to this EULA, or if you install or use our Software or use our Services, you're agreeing to follow this EULA, and that when you use the Software and Services, you will follow all of the rules, requirements and restrictions in this EULA.
We can change this EULA at any time and for any reason. When we do, the changes will apply from that point onward. We will let you know about these changes using reasonable methods, like putting the updated EULA in the Software or Services.
Because of this, it's important to review this EULA from time-to-time. When you download and use a new version of the Software or Services, or you keep using the Software or Services after we make a change to the EULA, it means you accept the updated EULA.
The “updated” date at the top of this EULA shows the date that it was last changed.
The information and resources you access through the Software and the Services are made available by us, our suppliers and vendors, and other third parties. You may only use these materials if you agree to this EULA. If you don't agree to this EULA, you can't use the Software or Services.
DISCLAIMERS
THIS EULA CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY USING THE SOFTWARE OR THE SERVICES, YOU AGREE THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS EULA.
THE FOOD AND DRUG ADMINISTRATION (“FDA”) HAS NOT EVALUATED ANY OF THE STATEMENTS OR INFORMATION MADE IN THE SOFTWARE OR SERVICES. NEITHER THE SOFTWARE NOR THE SERVICES ARE INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
WHILE WE MAY CORRECT ERRORS, OMISSIONS, OR INACCURACIES IN THE SOFTWARE OR SERVICES, WE ARE NOT RESPONSIBILE FOR THE ACCURACY, RELIABILITY, CURRENCY, OR COMPLETENESS OF INFORMATION, CONTENT, MATERIALS, SERVICES, PRODUCTS, MERCHANDISE, OR OTHER RESOURCES AVAILABLE THROUGH THE SOFTWARE OR SERVICES. WE DO NOT WARRANT THE ACCURACY, SUBSTANCE, AND SUFFICIENCY OF SERVICE OR THE SOFTWARE. THERE ARE NO GUARANTEES OR WARRANTIES ABOUT THE AVAILABILITY, COMPLETENESS, ACCURACY, RELIABILITY, VALIDITY, OR TIMELINESS OF ANY OF ANY OF THE SOFTWARE OR SERVICES, WHETHER PROVIDED BY US OR A THIRD PARTY. WE ARE PROVIDING THE SOFTWARE AND SERVICES ON AN AS-IS AND AS-AVAILABLE BASIS , WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN THAT CASE SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
SOFTWARE LICENSE
As long as you follow the rules in this EULA, for as long as we allow access to the Software and Services, we grant you a limited, non-transferable, non-exclusive license to install and use the Software on your device for your own personal use. This means that you cannot resell access to the Software or Services, and you are not allowed to use it for any business or commercial purpose. This license can be taken away by us at any time and for any reason, or for no reason whatsoever, at our sole discretion, subject to applicable law.
You're using the Software and Services based on this limited license. You do not own the Software or Services. We own all of the rights and control over the Software and the Services, including any changes or updates.
ENDING THIS AGREEMENT
You can end this EULA by getting rid of all copies of the Software and related documents and stopping your use of the Services. If you break any terms of this EULA or if we cancel the EULA, the rights we granted to you will stop, but some rights that you have granted to us will still apply.
We may, at any time and for any reason (with or without cause), immediately: (a) stop your authorization to use the Software or Services; (b) remove or destroy Access Credentials; (c) delete and destroy any Submissions you or others put on the Services; (d) limit access to your account; and (e) block you from future use of the Software or Services—all without notice or responsibility to you.
If this EULA ends, the license described above also ends, and you may not continue to use the Software or Services. You will need to delete the Software and stop using the Services.
MEDICAL INFORMATION AND HEALTH CONTENT
WE ASSUME NO RESPONSIBILITY FOR HOW YOU USE THE INFORMATION THAT YOU OBTAIN FROM THE SOFTWARE OR SERVICES. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU MAY BE ACCESSING YOUR OWN HEALTH INFORMATION VIA THE SOFTWARE OR SERVICES AND MAY WISH TO COMMUNICATE WITH YOUR HEALTH CARE PROVIDERS ABOUT THAT OR RELATED INFORMATION. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE OR SERVICES.
IF YOU ARE NOT FEELING WELL, PLEASE CONTACT AN APPROPRIATE HEALTH CARE PROFESSIONAL. IF YOU HAVE AN EMERGENCY, DO NOT USE ANY MESSAGING OR COMMUNICATION FUNCTIONALITY MADE AVAILABLE BY THE SOFTWARE OR SERVICES TO CONTACT YOUR PROVIDER CALL 911 IMMEDIATELY.
The reminders sent through the Software or Services to take a certain action are automated alerts. They might not match the current directions from your healthcare professional. Always follow your healthcare provider's instructions. Reminders should not be seen as medical advice and might not show changes in treatment directions. They could also fail if your device or the Software isn't working properly. It's a good idea to have a non-electronic reminder as a backup in case your device stops working. Make sure you're following your healthcare provider’s instructions, even if the reminders don't work. We do not take any action in response to reminders sent through the Software or Services, or your response to those reminders.
LOCATION-BASED SERVICES
When you download the Software and turn on Bluetooth™ and/or location services on your device, you're giving us, and our suppliers or vendors, permission to gather precise location details from your device, including to help us and them personalize your service. We will use this information according to our Privacy and Security Policy, which may include other legitimate business purposes such as analytics, security, or product improvement.
GEOGRAPHIC RESTRICTIONS
The Software and Services are meant for use by U.S. residents only. The Software and Services might not follow the legal requirements of other countries. Different countries have their own laws, rules, and medical practices.
Parts of the Software, Services, or our other products/services might not work or be available outside of the United States. Don't use the Software or Services in places where it's illegal to do so. We might limit who can use the Software or Services, and where they can be used, whenever we decide.
USAGE RULES AND REQUIREMENTS
You agree that the Software and Services belong to us, and our licensors and suppliers. When you use the Software or Services you are not allowed to:
(a) send automated or recorded requests to the Software or Services, unless we specifically approve it;
(b) access the Software or Services using anything other than the released version of the Software;
(c) copy, modify, distribute, sell, or create things based on the Software or Services, unless we specifically approve it in writing;
(d) try to decompile, disassemble, reverse engineer, or otherwise attempt to derive, reconstruct, identify, or discover the source code of the Software or Services;
(e) remove any marks that show the Software or Services belong to us;
(f) use the Software or Services to compare them to products/services from other companies;
(g) take actions that would cause any part of the Software or Services, including their source code, to be made public;
(h) use the Software or Services to transmit harmful computer code, like viruses, worms, Trojan horses, Easter eggs, time bombs, spywares or any other code file or program that is potentially harmful or invasive, or intended to damage or hijack the operation of computer hardware, software or equipment;
(i) use the Software or Services to gather information about other users;
(j) use the Software or Services to “scrape” or download the content of the Software or Services in a systematic way.
You agree to use the Software and Services legally. You may not disrupt their functioning or use them in a way that interferes with other users' use of them, for example by hacking or defacing any portion of the Software or the Services, or by engaging in spamming, flooding, or other disruptive activities. You may not use the Software or Services to share harmful, offensive, or unlawful content. This includes content that's threatening, harassing, false, explicit, or discriminatory, or encourages illegal actions.
We can stop or pause your access to the Software or Services without telling you, if we think your actions break the law or harm our interests or the interests of other users, partners, affiliates, sponsors, providers, licensors, or merchants. This is solely our decision to make.
When you share information, you need to make sure it's accurate and up-to-date. You're responsible for keeping this information correct. If you provide info that's false, inaccurate, or incomplete, or if we suspect it is, we can suspend or close your account without telling you. This might stop you from using the Software or Services. You understand that we can delete your account and all its information, and stop your access to the Software or Services. We won't be held responsible to you or anyone else if this happens.
ACCESSING THE SOFTWARE AND SERVICES
When you create an account to access the Software and Services, you will need to provide a username and password, and may also need to provide a personal identification number (“PIN”) or, if available on your device, a biometric identifier like a fingerprint or facial scan. These are called "Access Credentials". The Software may also allow the use technologies like Apple's Touch ID or Face ID for authentication when you use the Software or Services, if those technologies are available on your device. We might not give you an Access Credential if it looks like you're pretending to be someone else, if the Access Credential is protected by trademark or other rights laws, if it's offensive, or if it could cause confusion. We'll decide this based on our judgment.
YOU UNDERSTAND THAT IF YOU ALLOW THE SOFTWARE TO USE TOUCH ID OR OTHER BIOMETRIC-BASED AUTHENTICATION TECHNOLOGY, ANYONE WITH A RELEVANT BIOMETRIC IDENTIFIER (SUCH AS A FINGERPRINT, IN THE CASE OF TOUCH ID) STORED ON YOUR DEVICE MAY HAVE ACCESS TO YOUR ACCOUNT AND BE MAY BE ABLE TO USE THE SOFTWARE AND/OR ANY OR ALL OF THE SERVICES. WE ARE NOT RESPONSIBLE FOR THAT TYPE OF MISUSE OF BIOMETRIC-BASED AUTHENTICATION.
It's up to you to keep your Access Credentials safe and secret. You're responsible for all the activities connected to your Access Credentials. If someone uses your Access Credentials without permission or if there's a security breach, tell us right away. Don't let others use your Access Credentials to access the Software or Services. We are not responsible for checking if the person using an Access Credential is really who they claim to be. If we think that an Access Credential might not be secure, we may cancel it without providing you with notice. This decision is up to us, based on our own judgement.
You are responsible for making sure you have access to any necessary materials to use the Software and Services. This includes hardware, software, and any services like internet or telecommunications that you need.
Using the internet for the Software or Services might lead to charges from your wireless carrier, internet provider, or other internet access method. These charges are your responsibility. We do not control these networks or their charges. Using them might not be secure and could expose your personal information that's sent over them.
CONTENT, COPYRIGHTS, AND TRADEMARKS
The Software, its related documents, and the text, graphics, legends, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words or phrases, or page headers provided by us through the Software or Services (collectively called "Content") are protected by copyright and other intellectual property laws. Content is owned by us and our licensors and suppliers. You may not remove or change any copyright or trademark notices. Our copyrights and trademarks can't be used with products or services that aren't ours, or in a way that could cause confusion or violate our rights.
COMMUNICATIONS AND FEEDBACK
When you send us emails, text messages, or any other electronic messages, you're agreeing to get responses from us electronically, including through the Software or Services. This means that any agreements, notices, disclosures, or other communications we send you electronically meet the legal requirement for written communications.
Any suggestions, feedback, and information you provide to us about the Software or Services (collectively called "Feedback") and any improvements, updates or modifications that we make to the Software or Services in response to your Feedback (collectively called “Revisions”), belong to us. Even if you give us Feedback, it doesn't give you any rights to the Software, Services or Revisions that we create. You agree to give up any rights you might have in the Feedback and Revisions, including intellectual property rights like patents, copyrights, and trademarks.
UPDATES
We are not obligated to continue to provide the Software or Services. We can change how the Software or Services work or stop providing them, at any time with or without telling you.
We might choose to offer updates for the Software. If you download or use these updates, you agree to follow the current version of this EULA at the time that you begin using that updated version.
We can't guarantee that any version of the Software or Services will work with all hardware or software versions, including future updates of your devices or their operating systems. The Software or Services might not work with your specific hardware or software versions. We don’t promise to make the Software or Services compatible with your specific hardware or software.
PRIVACY
Both Federal and State laws govern the confidentiality of patient health care records. We are dedicated to keeping your medical information confidential and our personnel are subject to strict standards for maintaining the confidentiality of your medical information. The rules governing our use of your health care records and other medical information are established by the Health Insurance Portability and Accountability Act (“HIPAA”) and its implementing regulations. If you have more questions about how we, or other service providers your health care provider works with use your medical information, please reach out to them.
While using the Software or Services, you may provide, and we may automatically collect, information about you and your use of the Software or Services. This may include your real-time location, MAC address, and IP address. We may use this type of automated Usage Data individually or in aggregated form to enhance and improve the Software and Services.
If your device receives push notifications anyone who can access your device might see those reminders. If you share your device with others, you are responsible for setting it to hide or turn off reminders that you want to keep private.
We have the right (but are not required) to monitor your use of the Software and Services, including electronic communications related to them, at our sole discretion. We might share content, records, or electronic communications if allowed by laws, regulations, or in response to government requests, or if it's needed to run the Software or Services, or to protect rights or property. We disclaim any duty to monitor your use of the Software and Services.
ACCURACY AND INTEGRITY OF INFORMATION
Although we attempt to ensure the integrity of the Software and Services, we make no guarantees whatsoever as to the accuracy or completeness of the information available through the Software or Services. It is possible that the Software or Services could include typographical errors, inaccuracies or other errors. In the event that an inaccuracy is identified, you should inform us so that it can be corrected. Information contained on the Software or Services may be changed or updated without notice.
USE OF AI TECHNOLOGY
Our application teams work with your healthcare provider to leverage new and emerging technology, which may include artificial intelligence, to assist in providing personalized and timely care to patients. These technologies may also be applied to information available within the Software or Services. However, the Licensor retains sole discretion over the use and application of such technologies and does not guarantee any particular outcome or standard of care, and the technology is intended to assist, not replace, professional judgment.
THIRD PARTY RESOURCES
The Software or Services might have links to or provide access to third-party sites, services, products, information, content, materials, merchandise, or other resources ("Third Party Resources"). These links and access are there for your convenience and reference only. We don't control Third Party Resources, so we're not responsible for them or any content they provide. Be aware that we don't guarantee or endorse Third Party Resources, their security, or the accuracy, relevance, timeliness, completeness, or suitability of their information. We can end these links or access anytime. Offering these links or access doesn't mean we endorse or sponsor Third Party Resources. You're giving up any claim against us related to these Third Party Resources. When you use Third Party Resources, you follow their terms, conditions, and policies (like their Terms of Service or Privacy Policies). We aren’t in charge of your privacy or security with these Third Parties. If you choose to use their services, it's up to them to protect your personal information and handle any unauthorized use or disclosure.
SECURITY
The Software and Services place considerable emphasis on the privacy of medical information and compliance with State and Federal privacy laws. The Software and Services are configured to be secure from unauthorized access, but we cannot be held responsible for:
(a) Absolute security of all electronic communication transmissions between patient and health care providers;
(b) Unauthorized disclosure resulting from a user not logging out of an active session;
(c) Unauthorized disclosure resulting from a lost or stolen user ID and password;
(d) Unauthorized disclosure resulting from information printed by the user from the Software or Services;
(e) Unauthorized disclosure resulting from personal computer settings or installed software products that may compromise information security; or
(f) Similar events outside of our control.
LIMITATIONS OF LIABILITY; INDEMNIFICATION
OUR ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH US ARISING FROM YOUR USE OF THE SOFTWARE OR SERVICES IS TO DISCONTINUE YOUR USE OF THE SOFTWARE OR SERVICES. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE (I) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OF SERVICE OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SOFTWARE OR SERVICE OR THESE TERMS OF SERVICE AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (II) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF TWENTY-FIVE DOLLARS ($25.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ARBITRATION AND CLASS ACTION WAIVER
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a Class Action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
Class Action WaiverAny Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this Class Action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and us each waive any right to a jury trial.
COPYRIGHT INFRINGEMENT CLAIMS
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Software or Services infringe your copyright, you (or your agent) may send us a written notice by mail or by e-mail requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly submitted a notice of copyright infringement to us involving content that you made available through the Software or Services, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
Notices and counter-notices must be sent in writing by mail to Metabolic Psychiatry Labs, Inc., at 325 Sharon Park Drive, Suite 209, Menlo Park, CA 94025 Attn: DMCA. Notices or counter-notices may also be sent via email to admin@metabolicpsychiatrylabs.com.
Please be aware that claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, including court costs and attorneys' fees.
EXPORT LAWS
You agree that you will not export or re-export, directly or indirectly the Software or Services and/or other information or materials provided by us under this EULA, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Software or Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to this EULA.
MISCELLANEOUS
This EULA constitutes the entire agreement between you and us regarding your use of the Software and Services. If any term or provision of this EULA is found to be invalid, illegal or otherwise unenforceable, such a finding will not affect the other terms of this EULA, or this EULA as a whole, but such a term or provision will be deemed modified to the extent necessary to render it enforceable, and the rights and obligations of you and us will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in this EULA. Your obligations pursuant to this EULA will survive termination of your use of the Software or Services. The JAMS Rules and the laws of the State of California, excluding its conflicts of law rules, govern this EULA and your use of the Software and Services.
Under California Civil Code Section 1789.3, California users of the Software and Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
CONTACT US
You may contact us about the Software, Services or this EULA by mail at Metabolic Psychiatry Labs, Inc., 325 Sharon Park Drive, Suite 209, Menlo Park, CA 94025 or by email at admin@metabolicpsychiatrylabs.com.
