Terms & Conditions - Second Opinion Service
Effective Date: February 05, 2026 This Privacy Notice explains how Genomate Health, Inc. (“Genomate,” “we,” “us”) collects, uses, and shares personal data in connection with the Second Opinion Service (the “Service”). This Notice applies when you submit an order request, upload records, make payment, and participate in the consultation and related communications.
These Terms and conditions (“Terms”), together with the Privacy Notice and any additional policies or notices referenced during the order flow (collectively, the “Agreement”), govern your access to and use of the Genomate second opinion service (the “Service”), including submitting an order request, uploading medical records, completing required consents, making payment, scheduling and participating in the telehealth consultation, and receiving the second opinion report.
The Service is made available by Genomate Health, Inc. (“Genomate,” “we,” “us,” or “our”). Genomate provides the administrative and technical infrastructure to support the Service, including secure intake, coordination, and delivery of reports. The medical second opinion is provided solely by a licensed consulting oncologist or their clinical practice (the “Consulting healthcare provider”), who exercises independent professional judgment and is responsible for the medical content of the consultation and report. Genomate does not practice medicine and does not provide medical advice.
Service availability. The Service is offered only in U.S. states where the Consulting healthcare provider is appropriately licensed (or otherwise legally authorized) to provide the consultation to a patient located in that state. Availability is limited to the states listed during the order process. To receive the Service, the patient must be physically located in an offered state at the time of the consultation. Genomate and the Consulting healthcare provider rely on the confirmations provided during the order process and may pause, reschedule, limit, or cancel the Service if eligibility or location requirements are not met, as further described in these Terms.
Patient location requirement and attestation. The Second Opinion Service may be provided only if the patient is physically located in a U.S. state where the Consulting healthcare provider is licensed or otherwise legally authorized to provide the consultation at the time of the consultation.
If the patient is not physically located in an offered state, the Service cannot be provided under any circumstances.
Genomate and the Consulting healthcare provider rely on the patient’s attestations and confirmations regarding physical location provided during the order process and, where applicable, at the time of the consultation. The patient may be required to confirm their physical location verbally or through other reasonable means before or during the consultation.
If the patient’s actual location is inconsistent with the attestations provided, cannot be reasonably confirmed, or would result in the consultation being delivered in violation of applicable licensing or telehealth laws, the Service may be paused, rescheduled, limited, or terminated, and the consultation or report may be withheld or cancelled in accordance with these Terms, including the payment and refund provisions.
No prescribing and no emergencies. The Service provides an independent second opinion and does not include prescribing medications. The Service is not for emergencies. If you believe you have a medical emergency, call 911 or seek immediate in-person care.
Acceptance of the Agreement. By using the Service - including by submitting a request, checking required consent boxes, providing an electronic signature where applicable, uploading records, making payment, or otherwise accessing or participating in the Service - you acknowledge that you have read and understood, and you agree to be bound by, this Agreement. If you do not agree, do not use the Service.
Changes to these Terms. We may update these Terms from time to time. The most current version will be posted with an updated “Last updated” date. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.
If you do not agree to the revised Terms, you must stop using the Service.If you have any questions regarding Services or the agreement please contact us at:
support@genomate.health
I. Role clarification - who provides the medical service
Independent medical services by the Consulting healthcare provider. The medical second opinion, including any consultation and written report, is provided solely by a licensed consulting oncologist, geneticist or their clinical practice (the “Consulting healthcare provider”). The Consulting healthcare provider exercises independent professional medical judgment and is exclusively responsible for the medical evaluation, conclusions, opinions, and recommendations included in the consultation and report. No medical services are provided by Genomate.
No practice of medicine by Genomate. Genomate is not a healthcare provider, does not practice medicine, and does not provide medical advice, diagnosis, treatment, or clinical decision-making. Genomate does not establish a physician–patient relationship. Any such relationship, where applicable, exists solely between the patient and the Consulting healthcare provider.
Technology and service enablement role of Genomate. Genomate provides the technical, administrative, and operational infrastructure that supports the Service, which may include secure intake of information, identity and authorization workflows, scheduling coordination, secure transmission of medical records, facilitation of telehealth communications, and secure delivery of the second opinion report. These activities are performed to enable the Service and do not constitute the provision of medical care.
Clinical independence and discretion. The Consulting healthcare provider retains full discretion over whether to accept a request, what information is necessary to complete the consultation, the scope of the review, and the content of the second opinion. Genomate does not direct, control, or influence the medical judgment of the Consulting healthcare provider and does not guarantee that a consultation will be completed in every case.
No replacement of treating clinicians. The Service is intended to provide an independent second opinion based on the information submitted. It does not replace the patient’s existing healthcare providers or ongoing clinical care. Patients are encouraged to discuss the second opinion with their treating clinicians before making any healthcare decisions.
Regulatory and recordkeeping responsibilities. The Consulting healthcare provider is responsible for complying with applicable professional, licensing, telehealth, and medical recordkeeping obligations and for maintaining any medical records required by law. Genomate maintains service-related records (such as intake, consent, authorization, scheduling, and delivery logs) in accordance with applicable legal and contractual requirements.
II. Eligibility, service scope, and geographic availabilityState-based availability of the Service. The Second Opinion Service is offered only in certain U.S. states, as indicated during the order process. The Service is available solely where the Consulting healthcare provider is appropriately licensed or otherwise legally authorized to provide the consultation to a patient located in that state. Availability may change from time to time based on licensure, clinical capacity, clinical appropriateness, or applicable legal and regulatory requirements.
Patient physical location at the time of consultation. To receive the Service, the patient must be physically located in one of the offered states at the time the consultation occurs, as required by applicable telehealth and professional licensing laws. The legal location of the consultation is determined by the patient’s physical location at the time of the clinical interaction, and not by the patient’s residence, billing address, or mailing address.
Clinical eligibility and service scope limitations. The Service is limited in scope and is not suitable for all patients. The Service may be provided only if all clinical eligibility criteria disclosed during the order process are met.
Specifically:
• The Service is intended exclusively for patients diagnosed with a solid tumor, meaning a cancer that forms a mass in an organ or tissue (for example, breast, lung, colorectal, prostate, ovarian, melanoma, or sarcoma).
• The Service is not available for patients with hematologic or blood-based malignancies, including but not limited to: leukemia; lymphoma; multiple myeloma; or other hematologic malignancies.
• To provide a clinically meaningful second opinion, the Service requires that the patient has already undergone comprehensive molecular testing using next-generation sequencing (NGS). The NGS test must analyze at least fifty (50) cancer-related genes and must be performed by an appropriately certified laboratory (for example, a CLIA-certified laboratory).
The Service is not suitable, and cannot proceed, where:
• the patient does not have a solid tumor diagnosis;
• required molecular or genomic testing has not been performed;
• the submitted NGS report does not meet minimum scope or quality requirements; or
• a record-based, molecularly informed second opinion is clinically inappropriate in the professional judgment of the Consulting healthcare provider.
Eligibility representations and reliance. By requesting the Service, you represent and confirm that:
• the patient meets the clinical eligibility requirements disclosed during the order process, including the solid tumor and documentation requirements;
• a qualifying NGS report meeting the disclosed requirements has been completed and uploaded or will be provided as instructed;
• the information and documentation submitted are accurate, complete, and current; and
• the patient will be physically located in an offered state at the time of the consultation.
Genomate and the Consulting healthcare provider rely on these representations for clinical appropriateness and compliance with applicable law.
Verification, limitations, and enforcement. Genomate and/or the Consulting healthcare provider may take reasonable steps to confirm eligibility, documentation completeness, and patient location, including obtaining attestations during intake or at the start of the consultation.If it is determined that:
• the patient does not meet the clinical eligibility requirements (including solid tumor or documentation requirements);
• required medical documentation, including an applicable NGS report, is missing, incomplete, or materially insufficient; or
• the patient is not physically located in an offered state at the time of the consultation,
the Service may be paused, rescheduled, limited, or cancelled, and access to the consultation or report may be restricted, in accordance with these Terms, including the payment and refund provisions set forth in Section VIII.
No obligation to provide services outside permitted scope. Neither Genomate nor the Consulting healthcare provider is obligated to provide the Service where doing so would violate applicable law, licensing requirements, professional standards, or where the Service is clinically inappropriate based on the information provided or the absence of required documentation.
III. Not for emergencies or urgent careThe Second Opinion Service is not intended for emergency, urgent, or time-sensitive medical conditions and should not be used in situations requiring immediate medical attention.
The Service does not provide real-time emergency response, crisis intervention, or immediate clinical decision-making. If you believe that you or the patient may be experiencing a medical emergency or urgent condition, call 911 immediately or go to the nearest emergency department or appropriate healthcare facility.
You should not delay or avoid seeking in-person medical care based on information provided through the Service.
IV. Informational nature of the Service and inherent limitationsThe Second Opinion Service provides an independent, consultative medical opinion prepared by a licensed consulting healthcare professional based solely on the medical information and materials submitted in connection with the Service.
Advisory and non-binding nature of a second opinion. A second medical opinion is informational and advisory in nature. It is intended to support understanding and shared decision-making but does not replace, supersede, or substitute the care, diagnosis, or treatment provided by the patient’s treating physician or healthcare team. All medical decisions, including whether and how to act on the information contained in the second opinion report, remain the sole responsibility of the patient and their treating healthcare professionals.
No physical examination and record-based review. The Service is provided remotely and is based exclusively on the review of medical records, clinical information, and documents submitted by or on behalf of the patient.
No physical examination or in-person evaluation is performed. As a result, the consulting healthcare professional may not have access to information that would ordinarily be obtained through an in-person assessment, including physical findings or real-time diagnostic testing. You acknowledge and accept that these limitations may affect the completeness, accuracy, or scope of the second opinion.
Dependence on submitted information. The accuracy, relevance, and usefulness of the second opinion depend directly on the accuracy, completeness, and timeliness of the information provided. Neither Genomate nor the consulting healthcare professional independently verifies the authenticity or completeness of submitted medical records beyond reasonable professional review and technical processing. Incomplete, inaccurate, outdated, or misleading information may materially affect the analyses, interpretations, and conclusions contained in the report.
No prescribing, treatment, or ongoing care. The Service does not include prescribing medications, initiating or modifying treatment, or providing ongoing medical care or follow-up, unless expressly agreed in writing. Any treatment options, drugs, diagnostic considerations, or therapeutic strategies discussed as part of the second opinion are provided for informational purposes only. They do not constitute a prescription, directive, or instruction to initiate, modify, or discontinue any treatment. The Service establishes a limited consulting physician–patient relationship solely for the purpose of providing the second opinion and any associated consultation. It does not create an ongoing care relationship.
Use of clinical decision support tools. In forming the second opinion, the consulting healthcare professional may use clinical decision support tools, including Genomate®, a clinical decision support software for precision oncology as described in Section 520(o) of the Federal Food, Drug, and Cosmetic Act (FDCA).Such tools are intended solely to support, and not replace, the consulting healthcare professional’s independent clinical judgment. All opinions, interpretations, and conclusions expressed as part of the Service are those of the consulting healthcare professional, based on their professional assessment and the individual clinical circumstances.
No guarantee of outcomes. The Service does not guarantee any specific outcome, including treatment response, disease progression, survival, quality of life, or the absence of adverse events. Medical knowledge, evidence, regulatory status, and clinical guidelines may evolve over time, and the second opinion reflects information available at the time of review.
Recommendation to consult treating clinicians. You are strongly encouraged to discuss the second opinion report with the patient’s treating physician or healthcare team before making any treatment or care decisions. The treating clinicians are best positioned to interpret the second opinion in the context of the patient’s full clinical picture, examination findings, and ongoing care plan.
No insurance billing or reimbursement support. The Second Opinion Service is offered on a self-pay basis only. Genomate and the Consulting healthcare provider do not submit claims to health insurance plans, Medicare, Medicaid, or other third-party payers in connection with the Service, and do not determine, verify, or guarantee insurance coverage or reimbursement for any aspect of the Service.
You are solely responsible for any insurance inquiries, reimbursement requests, or out-of-pocket costs associated with the Service. Any documentation provided in connection with the Service is furnished for informational purposes only and does not constitute a claim, pre-authorization, or representation of coverage, medical necessity, or reimbursement eligibility. Lack of insurance coverage or reimbursement does not affect the scope, content, or validity of the second opinion provided.
V. Ordering on behalf of a patient – support persons and legal representatives
Current service model. At this time, the Second Opinion Service may be initiated only through the Service workflow completed in the patient’s name. The Service does not support independent ordering by third parties for their own purposes. Each request must be submitted either by the patient personally or by an individual who is legally authorized to act on the patient’s behalf, and in all cases the request is treated as a patient request for purposes of clinical care, documentation, consent, and report delivery.
Where the patient is legally able to act on their own behalf, the patient must personally submit the request, provide the required information, complete all required consents, and receive the second opinion report and related communications.
Where a request is submitted by an authorized representative (such as a parent or legal guardian of a minor, or an individual holding valid healthcare power of attorney), the representative must act in the patient’s name and interest, and may be required to complete additional verification or documentation.
Requests submitted in any other capacity, or without appropriate legal authority or patient authorization, are not permitted and may be declined or cancelled.
Minors and patients lacking legal capacity.
The Service may be requested for a minor patient or for an adult patient who lacks legal capacity only where a lawful legal representative acts on the patient’s behalf within the Service workflow. In such cases:
> the request is submitted in the patient’s name;
> a parent, legal guardian, or other individual with valid healthcare decision-making authority may provide information, complete required consents, and participate in the consultation on the patient’s behalf; and
> Genomate and/or the Consulting healthcare provider may require confirmation of the representative’s legal authority, as permitted by applicable law.
The Service does not permit minors or incapacitated patients to independently consent where applicable law requires a legal representative.
Support person participation. The patient may choose to invite a support person, such as a family member or trusted contact, to participate in the consultation and/or receive the second opinion report and related communications. Such participation or sharing is permitted only where the patient provides explicit authorization through the Service workflow. The patient may revoke this authorization at any time before information is shared, subject to operational and legal limitations.
No independent third-party ordering. Individuals who are not the patient and do not hold valid legal authority to act on the patient’s behalf may not independently initiate, submit, or order the Service. Non-legal support persons (such as family members, caregivers, or trusted contacts without legal authority) may not place an order for the Service, submit required consents, or receive consultation materials unless and until the patient or the patient’s legal representative has expressly authorized such participation through the Service workflow.
Verification, access controls, and limitations. To protect patient privacy and comply with applicable healthcare and data protection laws, Genomate and the consulting healthcare professional may take reasonable steps to verify patient identity, authorization selections, and access controls. If authorization is unclear, incomplete, inconsistent, or cannot be reasonably verified, Genomate may restrict sharing, participation, or access to consultation materials or results, or may pause or cancel the Service in accordance with these Terms.
Responsibility for shared information. Once information or reports are lawfully shared with an authorized support person at the patient’s direction, Genomate is not responsible for how that individual uses or further discloses such information. Nothing in this section limits the patient’s rights under applicable healthcare privacy laws, including HIPAA, or the professional and confidentiality obligations of the consulting healthcare professional.
VI. Identity, eligibility, and authorization verification
No routine identity verification by Genomate. Genomate does not routinely conduct identity verification, government-issued identification checks, or real-time location verification as part of the Service. Genomate and the Consulting healthcare provider rely primarily on the information, representations, and attestations provided by the patient during the order process and, where applicable, at the start of the consultation.
Limited confirmations by the Consulting healthcare provider. In limited circumstances, and only where reasonably necessary to comply with applicable law, professional licensing requirements, or clinical obligations, the patient may be asked by the Consulting healthcare provider to confirm certain information. This may include, for example, verbally confirming basic identifying details, confirming physical location at the time of the consultation, or briefly presenting identification on camera during a telehealth encounter. Any such request is at the discretion of the Consulting healthcare provider and does not constitute a general identity verification process by Genomate.
Consequences of inability to confirm information. If identity, eligibility, authorization, or patient location cannot be reasonably confirmed, or if information provided appears inconsistent or unreliable, the Service may be paused, limited, rescheduled, or cancelled, and access to consultation materials or results may be restricted, in accordance with these Terms. Nothing in this section creates a duty for Genomate to verify identity or eligibility beyond what is expressly required by applicable law or professional standards.
No duty beyond legal requirements. Nothing in this section creates a duty for Genomate to verify identity, eligibility, or authorization beyond what is expressly required by applicable law or professional standards.
VII. Your responsibilities - accurate information, lawful submissions, and acceptable conductBy accessing or using the Service, you agree to the following responsibilities. These obligations apply whether you are the patient, a legal representative, or another authorized requester acting on the patient’s behalf.
a) Accuracy and completeness of information. You are responsible for ensuring that all information and medical documentation submitted in connection with the Service is accurate, complete, current, and relevant.
This includes, without limitation:
• patient identifiers and contact details;
• tumor type, diagnosis, and clinical history;
• pathology reports, molecular or genetic test results (including required NGS reports);
• any questions or contextual information provided to support the second opinion.
You acknowledge that the medical second opinion is based solely on the information you submit. Incomplete, inaccurate, outdated, or misleading information may materially affect the analysis, conclusions, or usefulness of the report, and neither Genomate nor the consulting healthcare provider is responsible for errors or limitations arising from such submissions.
b) Lawful authority to submit information. You must not submit any personal data or medical information unless you have a lawful right and authorization to do so.
This means that:
• if you are the patient, you are submitting your own information;
• if you are a legal representative, you have valid legal authority to act on the patient’s behalf; or
• if you are a support person or other requester, the patient has provided valid authorization permitting you to submit information and/or receive results.
You are solely responsible for ensuring that all required consents, authorizations, and permissions have been obtained prior to submission. Genomate may rely on your representations and does not independently validate legal authority beyond reasonable checks.
c) File formats and content requirements. Only the following file formats are accepted for medical document uploads:
• PDF
• JPG
• JPEG
• PNG
You must upload only relevant medical documents required for the second opinion service.
You must not upload, and the Service must not be used to submit:
• executable files, scripts, or software of any kind (including .exe, .bat, .sh, .js, or similar);
• compressed or archive files (such as .zip, .rar, .7z);
• audio or video files;
• corrupted, password-protected, or unreadable files;
• documents containing malicious code, viruses, or malware;
• content unrelated to the patient’s medical condition or the purpose of the Service; or
• content that is unlawful, fraudulent, defamatory, abusive, or otherwise inappropriate.
Genomate reserves the right to reject, remove, or restrict access to any uploaded content that does not comply with these requirements or that poses a security, legal, or operational risk.
d) Confidentiality and access control. You are responsible for maintaining the confidentiality of any access links, credentials, or report delivery links provided in connection with the Service.
You must not:
• forward consultation links or report access links to third parties unless the patient has expressly authorized such sharing;
• attempt to access information relating to another individual without authorization; or
• circumvent access controls or technical safeguards implemented by the Service.
Genomate is not responsible for unauthorized access or disclosure resulting from your failure to protect access credentials or links.
e) Prohibited conduct and misuse. You agree not to misuse the Service. Prohibited conduct includes, without limitation:
• submitting false or misleading information;
• impersonating another individual or misrepresenting identity, authority, or location;
• engaging in fraud, deception, or abuse of the Service;
• harassing, threatening, or abusing Genomate personnel, consulting healthcare providers, or other users;
• introducing malware, attempting to interfere with system integrity, or disrupting the operation of the Service; or
• using the Service for any unlawful purpose or in violation of applicable laws or professional regulations.
Genomate may suspend, restrict, or terminate access to the Service where misuse, prohibited conduct, or material violations of these Terms are suspected or identified, without prejudice to any other rights or remedies available under law.
VIII. Fees, payment, cancellations, and refunds
Fees and payment timing. The fees for the Service are disclosed during the order process before payment is collected. By proceeding with the order and completing the required consents and authorizations, you agree to pay the applicable fees for the Service. Payment is due in full at the time specified during the order flow, and generally occurs after completion of the required consents and electronic signature. Submission of payment constitutes a request for the Service to begin.
Commencement of the Service. The Service is deemed to commence once Genomate has received payment and the case has entered the intake and review workflow, which may include administrative review, documentation checks, case assignment, and preparatory work by Genomate and/or the Consulting healthcare provider.
Documentation responsibility and cure period. You are solely responsible for ensuring that all required medical information and documentation submitted in connection with the Service is accurate, complete, current, and appropriate, including required pathology and molecular or genomic testing results (such as NGS reports), as disclosed during the order process.
If required documentation is missing, incomplete, incorrect, or insufficient to proceed:
• Genomate may notify you and provide a one-time opportunity to correct or supplement the documentation;
• You will generally be given up to seven (7) calendar days from such notice to submit the required or corrected information, unless a shorter or longer period is specified based on clinical or operational considerations.
Failure to provide complete and sufficient documentation within this period may result in the Service being paused, limited, or cancelled.
Cancellation and refund policy. All fees paid for the Second Opinion Service are non-refundable, except where a refund is expressly required by applicable law or where Genomate determines that the Service cannot be delivered due solely to a qualifying failure attributable to Genomate, as described below.
No refunds will be issued where the Service cannot proceed, is paused, or is cancelled due to the patient’s or requester’s failure to meet the eligibility requirements or submission conditions that are clearly disclosed during the order process and must be affirmatively confirmed before payment.
This includes, without limitation, situations where the Service cannot proceed because of:
• failure to meet the eligibility criteria expressly described in the order form, including cancer type, required molecular or genomic testing, or other disclosed clinical requirements;
• failure to provide required medical documentation, including applicable molecular or NGS reports, as instructed during the order process;
• submission of inaccurate, incomplete, outdated, or inappropriate information;
• failure to respond within the documentation correction period described above; or
• ineligibility based on patient location, licensure requirements, or clinical appropriateness as disclosed prior to payment.
By submitting an order and completing payment, you acknowledge that you were informed of these eligibility requirements in advance and instructed not to proceed unless all criteria were met. Cancellation or inability to proceed due to failure to satisfy these disclosed requirements does not constitute a failure of the Service and does not give rise to any right to a refund.
A refund may be issued only if Genomate determines, in its sole discretion, that the Service cannot be delivered solely due to a qualifying operational or technical failure attributable to Genomate, and not due to the patient’s eligibility, documentation, or clinical appropriateness.
Qualifying failures may include, by way of example:
> Genomate’s inability, after commercially reasonable efforts, to assign an appropriately licensed Consulting healthcare provider in the offered state within a reasonable period after all eligibility criteria and documentation requirements have been satisfied;
> a material technical failure of Genomate-controlled systems that prevents intake, scheduling, consultation delivery, or report delivery and cannot be reasonably remedied
.Qualifying failures do not include:
> provider declination based on clinical appropriateness;
> delays caused by documentation issues, eligibility verification, or patient responsiveness;
> issues arising from third-party services, patient devices, or network connectivity beyond Genomate’s reasonable control.
No guaranteed cancellation window. Because the Service involves professional review and preparatory work that may begin shortly after payment, there is no guaranteed cancellation window once payment has been submitted. The existence of scheduling, assignment, or consultation status does not create a right to cancellation or refund.
Chargebacks and payment disputes. If a chargeback or payment dispute is initiated, Genomate reserves the right to pause or suspend the Service while the matter is investigated. You agree to cooperate in good faith with any such investigation and to provide reasonable supporting information upon request.
Taxes and currency. Fees are charged in the currency disclosed during the order process. You are responsible for any applicable taxes, duties, or governmental charges, unless expressly stated otherwise. Genomate does not provide tax advice.
IX. Scheduling, communications, and third-party servicesScheduling and communications. Scheduling of the consultation, where applicable, is coordinated through electronic means designated by Genomate, which may include email, secure forms, calendar invitations, or other workflow tools. Consultations may be conducted using telehealth technologies, including video conferencing platforms such as Google Meet, as determined by Genomate and/or the Consulting healthcare provider. Scheduling and consultation times may be adjusted, rescheduled, or modified for clinical, technical, or operational reasons, including provider availability, documentation completeness, or system limitations. Genomate does not guarantee the availability of any specific consultation time, clinician, or communication method.
Use of third-party services. The Service relies on third-party platforms and service providers to support intake, consent collection, payment processing, secure storage, communications, and telehealth delivery. These may include, without limitation:
• Jotform for intake forms, consents, and electronic signatures;
• payment processors for transaction handling;
• cloud hosting and secure storage providers;
• email and messaging services for service-related communications; and
• Google Meet or similar video conferencing platforms for telehealth consultations.
These third-party services operate independently of Genomate and may be subject to their own terms of use, privacy policies, and technical limitations. To the extent permitted by law, Genomate is not responsible for the performance, availability, security, or acts or omissions of such third-party services.
No guarantee of uninterrupted service. The Service is dependent on internet connectivity, telecommunications networks, and third-party systems that are outside of Genomate’s control. While reasonable safeguards are used, disruptions, delays, or technical failures may occur.By using the Service, you acknowledge and accept that electronic communications and third-party platforms are not risk-free and that absolute security, availability, or uninterrupted operation cannot be guaranteed.
Telehealth and electronic communications risk notice. The Service involves the use of electronic communications, including video conferencing and email, which are not risk-free. While Genomate selects service providers that implement reasonable administrative, technical, and organizational safeguards, no electronic communication method or third-party network can be guaranteed to be completely secure. Genomate is not responsible for the security of third-party networks, internet service providers, or devices used by you, the patient, or any support person. By participating in the Service, you acknowledge and accept the inherent risks associated with telehealth and electronic communications despite reasonable safeguards.
Telehealth session recording. Telehealth consultations conducted as part of the Service may, but will not necessarily, be audio and/or video recorded for documentation, quality assurance, and Service integrity purposes. If a recording is made, access will be limited to the Consulting healthcare provider and personnel supporting the consultation or related quality and compliance activities, and it will be handled and retained in accordance with applicable law and the relevant privacy notices and policies. Recording, where permitted, is subject to applicable federal and state consent requirements - including any “two-party” or “all-party” consent laws - and the Service will rely on the patient’s telehealth consent and any additional consent obtained at the start of the consultation where required. If required consent to recording is not provided, the consultation will not be recorded (and may proceed without recording if clinically and operationally feasible).
X. Privacy, HIPAA, and data handlingApplicable privacy notices. The collection, use, and disclosure of personal information and health information in connection with the Second Opinion Service are governed by the privacy notices applicable to the specific context in which data is processed.
Specifically:
Second Opinion Service Privacy Notice. Personal data and health information processed in connection with ordering, delivering, and supporting the Second Opinion Service are governed by the Second Opinion Service Privacy Notice, which describes how information is collected, used, shared, stored, and protected for this Service.
Website Privacy Policy. Information collected through general browsing of Genomate’s website or through marketing or informational contact forms is governed separately by the Website Privacy Policy and is not covered by this Agreement or by the Second Opinion Service Privacy Notice.
You acknowledge that these privacy notices are incorporated by reference into these Terms and form part of the Agreement.
HIPAA framework and roles. Where the Second Opinion Service is subject to the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA):
• The Consulting healthcare provider (or their clinical practice) acts as the HIPAA covered entity for the consultation and is responsible for issuing and complying with its own Notice of Privacy Practices, maintaining the medical record, and fulfilling patient rights under HIPAA.
• Genomate acts, where applicable, as a business associate to the Consulting healthcare provider with respect to protected health information it handles solely for the purpose of operating and supporting the Service, in accordance with applicable business associate agreements and HIPAA requirements.
Nothing in these Terms replaces, limits, or modifies the Consulting healthcare provider’s Notice of Privacy Practices or the rights granted to patients under HIPAA.
Patient authorizations and consents. Sharing of personal information and protected health information in connection with the Service is governed by:
• the patient’s consents and authorizations obtained during the order process;
• applicable HIPAA authorizations, where required; and
• the Second Opinion Service Privacy Notice.
This includes, where authorized by the patient, sharing information with designated support persons, representatives, treating healthcare providers, and service providers involved in delivering the Service. Genomate and the Consulting healthcare provider rely on the validity and scope of such authorizations as provided.
Data handling limitations. Genomate processes personal information and health information only as described in the applicable privacy notices and as necessary to operate and support the Service, comply with legal obligations, and maintain security and integrity. Genomate does not use protected health information for advertising or unrelated commercial purposes.For additional details regarding data categories, purposes of processing, retention, security measures, and individual rights, please refer to the Second Opinion Service Privacy Notice and, where applicable, the Consulting healthcare provider’s HIPAA Notice of Privacy Practices.
Cookies and tracking technologies. Use of cookies and similar technologies in connection with Genomate’s website is governed by the Website Cookie Policy, which is separate from this Agreement and the Second Opinion Service Privacy Notice. Cookies are used for essential site functionality, security, and basic analytics, as described in the Cookie Policy. Genomate does not use cookies or information collected through cookies in connection with the Second Opinion Service for advertising, marketing, or targeted profiling purposes, and does not permit such data to be used for advertising involving protected health information.
XI. Intellectual property and permitted use of the reportOwnership of professional content and platform materials. The written second opinion report, including any professional opinions, conclusions, and interpretations, is authored by the Consulting healthcare provider and reflects that provider’s independent professional judgment. Subject to applicable law and professional obligations, the Consulting healthcare provider retains ownership of the professional medical content of the report. Genomate Health Inc. retains all right, title, and interest in and to the Service infrastructure, including the Platform, underlying software, clinical decision support tools, workflows, interfaces, report templates, formatting, visual design, proprietary methodologies, and all related documentation and materials used to generate, deliver, or support the Second Opinion Service (collectively, the “Platform Materials”). All Platform Materials are protected by United States and international intellectual property and proprietary rights laws. All rights not expressly granted are reserved.
Patient records and submitted materials. The patient, or the patient’s lawful representative, retains ownership of the underlying medical records, documentation, and information submitted in connection with the Service, subject to applicable law. By submitting such materials, you grant Genomate and the Consulting healthcare provider a limited, non-exclusive, non-transferable right to access, use, process, store, reproduce, and transmit the materials solely for the purpose of providing, supporting, documenting, and administering the Second Opinion Service, in accordance with applicable privacy notices and laws.
Permitted use of the second opinion report. The second opinion report is provided solely for the personal use of the patient and for consultation with the patient’s treating healthcare providers. The report is intended to support clinical discussions and shared decision-making and may not be used for any other purpose without prior written permission from Genomate and, where applicable, the Consulting healthcare provider.
Except as expressly permitted by applicable law, you may not:
• sell, license, sublicense, assign, or otherwise commercially exploit the report;
• publish, post, or distribute the report publicly, including on websites, social media platforms, or forums;
• use the report for marketing, advertising, promotional, or testimonial purposes;
• modify, edit, create derivative works from, or misrepresent the content of the report; or
• use the report as part of any effort to develop, validate, or commercialize a competing product or service.
No transfer of intellectual property rights. Nothing in these Terms transfers ownership of any intellectual property rights in the report, the Platform Materials, or any proprietary content. Any limited access or use rights granted are revocable and do not constitute a sale or assignment of intellectual property.
Consequences of misuse. Unauthorized use, disclosure, copying, or distribution of the report or Platform Materials may violate intellectual property laws, professional confidentiality obligations, and these Terms, and may result in suspension or termination of access to the Service, cancellation of the consultation, and any other remedies available under applicable law.
XII. Prohibited Uses In addition to other prohibitions set forth in these Terms, you are prohibited from using the Second Opinion Service, any associated forms, reports, consultations, communications, or related content (collectively, the “Service”):
(a) for any unlawful, fraudulent, deceptive, or misleading purpose, including but not limited to submitting false eligibility information, fraudulent payment information, or misrepresenting identity, authority, location, or medical information;
(b) to solicit others to perform or participate in any unlawful or prohibited acts in connection with the Service;
(c) to violate any applicable international, federal, state, or local laws, regulations, licensing requirements, or professional standards, including telehealth, medical licensing, data protection, and privacy laws;
(d) to infringe upon or violate the intellectual property rights of Genomate, the Consulting healthcare provider, or any third party, or to remove, alter, or obscure copyright, trademark, or other proprietary notices;
(e) to harass, abuse, insult, harm, defame, slander, intimidate, threaten, or discriminate against any individual, including Genomate personnel, Consulting healthcare providers, or other participants in the Service;
(f) to submit false, misleading, incomplete, manipulated, or unauthorized medical records, documentation, or statements, or to impersonate another individual or misrepresent legal authority;
(g) to upload, transmit, or provide any viruses, malware, ransomware, Trojan horses, or other malicious code or content that may compromise the security, integrity, or operation of the Service or related systems;
(h) to collect, attempt to collect, track, or misuse personal or health information of others without proper authorization;
(i) to send or facilitate the sending of advertising, promotional materials, spam, phishing messages, fraudulent communications, or other unauthorized solicitations in connection with the Service;
(j) for any obscene, abusive, threatening, or otherwise inappropriate purpose inconsistent with the medical, professional, and consultative nature of the Service;
(k) to interfere with, circumvent, bypass, or attempt to defeat any security, access control, verification, eligibility, or usage limitations implemented in connection with the Service;
(l) to transmit or procure the sending of unsolicited commercial communications, including “junk mail,” “chain letters,” or spam;
(m) to systematically retrieve, scrape, harvest, or compile reports, content, or data from the Service to create a database, dataset, directory, or competing product without Genomate’s prior written consent;
(n) to make any unauthorized use of the Service, including attempting to access another person’s consultation, report, or communications, or creating submissions or accounts under false pretenses;
(o) to use the Service on behalf of another individual without appropriate legal authority or valid patient authorization;
(p) to advertise, market, or offer goods or services through the Service without authorization;
(q) to engage in unauthorized framing of or linking to the Service;
(r) to engage in automated or systematic use of the Service, including scripts, bots, spiders, robots, data-mining tools, scrapers, or similar technologies;
(s) to interfere with, disrupt, or place an unreasonable or disproportionate burden on the Service or its supporting infrastructure;
(t) to sell, sublicense, assign, transfer, or otherwise make available access to the Service, reports, or consultation outputs to any third party;
(u) to use the Service, the report, or any output as part of an effort to compete with Genomate or to develop, validate, or commercialize a competing product or service;
(v) to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Service or any clinical decision support tools used in connection with it;
(w) to copy, modify, adapt, reproduce, or create derivative works from the Service or Platform Materials except as expressly permitted;
(x) to upload or transmit excessive, repetitive, or disruptive content that interferes with the proper functioning or availability of the Service;
(y) to upload or transmit any material that functions as a tracking, surveillance, or data collection mechanism without authorization; or
(z) to engage in any conduct that otherwise breaches these Terms, the applicable Privacy Notice, consent forms, or applicable law.
Enforcement. Genomate reserves the right, in its sole discretion, to suspend, restrict, or terminate access to the Service, cancel a consultation, or withhold delivery of a report if any prohibited use is suspected or identified. In such cases, you may lose access to submitted information, communications, or outputs associated with the Service, subject to applicable legal and regulatory requirements.
Trademarks. All registered and unregistered trademarks, service marks, logos, report formats, and branding elements used in connection with the Service are the property of Genomate Health Inc. or its licensors and may not be copied, imitated, or used, in whole or in part, without prior written permission.
XIII. Disclaimers and limitations of the Service Independent medical opinion and limited scope. The second opinion report represents the independent professional medical opinion of the Consulting healthcare professional. The report does not replace, supersede, or substitute the care, diagnosis, or treatment provided by the patient’s treating physician or healthcare team. Rather, it is intended to support shared clinical decision-making by providing a second opinion from a qualified medical professional. The second opinion is based solely on the review of the medical information and materials submitted and does not include a physical examination or in-person evaluation of the patient. As a result, the Consulting healthcare professional may not have access to information that would otherwise be obtained through an in-person assessment, which may affect the completeness or accuracy of the opinion. This Service establishes a limited consulting physician–patient relationship solely for the purpose of providing the second opinion and any associated consultation. It does not include ongoing care, treatment, monitoring, prescribing, or follow-up obligations, unless otherwise expressly agreed in writing.
Use of clinical decision support tools. In forming the second opinion, the Consulting healthcare professional may consider outputs generated by Genomate®, a clinical decision support software for precision oncology, as described in Section 520(o) of the Federal Food, Drug, and Cosmetic Act (FDCA). Genomate® is intended solely to support, and not replace, the Consulting healthcare professional’s independent clinical judgment. Any medical opinions, interpretations, or recommendations provided as part of the Service are solely those of the Consulting healthcare professional, based on their professional assessment and the individual patient’s circumstances.The Genomate® software has not been reviewed or evaluated by the U.S. Food and Drug Administration. Genomate® is intended to fall within the clinical decision support software category described in Section 520(o) of the FDCA. The clinical utility of Genomate® has been assessed by analyzing clinical data from patients treated in the SHIVA01 targeted therapy basket trial (Petak I et al.,
NPJ Precision Oncology, 2021).
Accuracy and completeness of submitted informationThe second opinion is based on clinical, pathological, and molecular information and materials uploaded or otherwise provided by the patient and/or the patient’s representatives. The patient is solely responsible for the accuracy, completeness, and timeliness of the information submitted. Neither the Consulting healthcare professional nor Genomate independently verifies the authenticity, accuracy, or completeness of submitted materials beyond reasonable professional review and technical processing. Any inaccuracies, omissions, or outdated information may materially affect the analyses, interpretations, and conclusions contained in the report.
No guarantees or outcomes. The Service does not guarantee any specific outcome, including treatment response, disease progression, survival, or the absence of adverse events. The report does not predict individual patient outcomes and makes no claims regarding the effectiveness, appropriateness, availability, regulatory status, or reimbursement of any treatment. Any treatment options, drugs, or therapeutic strategies referenced are provided for informational purposes only to support discussion between the patient and the treating physician and do not constitute a prescription, directive, or instruction to initiate, modify, or discontinue treatment. All treatment decisions remain the responsibility of the patient’s treating healthcare team.
No medical practice by Genomate. Genomate Health Inc. does not provide medical care, medical advice, diagnosis, or treatment and does not practice medicine. Genomate provides access to clinical decision-support software and administrative and technical services that facilitate the delivery of independent medical opinions by licensed healthcare professionals. No physician–patient relationship is created between the patient and Genomate by use of the Service, the report, or any associated tools or communications.
Service availability and technical limitations. The Service is provided using electronic communications and third-party systems. Genomate does not warrant that the Service will be uninterrupted, timely, secure, error-free, or free from technical failures. Delays, disruptions, or errors may occur due to factors outside Genomate’s control, including third-party service providers, internet connectivity, or system maintenance.
Compliance with law. The second opinion is rendered in accordance with applicable U.S. federal and state laws governing telemedicine and consultative medical services. The Consulting healthcare professional provides the opinion within the scope and limits of their professional licensure applicable to the patient’s location.
THE SECOND OPINION SERVICE, INCLUDING ANY CONSULTATION, REPORT, COMMUNICATIONS, AND ANY INFORMATION MADE AVAILABLE IN CONNECTION WITH THE SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE RESULTS, OPINIONS, OR INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, OR CLINICALLY APPROPRIATE FOR ANY PARTICULAR PURPOSE.
YOU AGREE THAT FROM TIME TO TIME WE MAY SUSPEND, PAUSE, RESCHEDULE, OR CANCEL THE SERVICE, IN WHOLE OR IN PART, WITH OR WITHOUT NOTICE, INCLUDING FOR CLINICAL, OPERATIONAL, TECHNICAL, OR LEGAL REASONS.TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE OR ANY RELATED CONTENT, INCLUDING ANY SERVICES, INFORMATION, OR MATERIALS PROVIDED BY CONSULTING HEALTHCARE PROVIDERS OR ANY THIRD PARTIES, INCLUDING IN RELATION TO ANY INACCURACIES, OMISSIONS, OR INTERRUPTIONS IN THE SERVICE OR ASSOCIATED COMMUNICATIONS.
IN NO CASE SHALL GENOMATE HEALTH INC., ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, SAVINGS, USE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR DAMAGE TO DEVICES, SOFTWARE, SYSTEMS, OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF GENOMATE HEALTH INC. AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SECOND OPINION SERVICE GIVING RISE TO THE CLAIM.
THE FOREGOING LIMITATIONS DO NOT AFFECT ANY WARRANTIES, RIGHTS, OR LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
XIV. Indemnification
Limited indemnification by the user. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Genomate Health Inc., its affiliates, and their respective officers, directors, employees, contractors, and service providers from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
• your submission of information or medical records that you did not have the legal right or authorization to submit;
• any breach of these Terms by you;
• fraud, misrepresentation, or unlawful conduct in connection with the Service; or
• infringement or misappropriation of intellectual property or privacy rights resulting from materials you submitted.
Scope limitations. This indemnification obligation applies only to the extent the claim arises from your actions or omissions and does not apply to claims arising solely from Genomate’s gross negligence or willful misconduct.
Cooperation. Genomate reserves the right, at its option, to assume the defense of any matter subject to indemnification, in which case you agree to cooperate reasonably in the defense of such claim.
XV. Termination and refusal of service
Right to refuse, pause, or cancel the Service. Genomate Health Inc. and/or the Consulting healthcare provider reserve the right, at any time, to refuse, pause, suspend, limit, or cancel a request for the Second Opinion Service, in whole or in part, where providing the Service would be inappropriate, infeasible, or non-compliant with applicable law, professional standards, or these Terms.
Without limitation, this may occur where:
• identity, eligibility, authority, or patient location cannot be reasonably verified;
• required medical records, including molecular or NGS reports where applicable, are missing, incomplete, inconsistent, or not provided within the applicable timeframes;
• information submitted is inaccurate, misleading, or unlawful to share;
• the case falls outside the clinical scope of the Service, including where it is not appropriate for a record-based second opinion;
• no appropriately licensed Consulting healthcare provider is available;
• the Service would violate licensing, telehealth, professional, or other legal requirements;
• continued provision of the Service is not clinically appropriate in the professional judgment of the Consulting healthcare provider; or
• the Service is used in a manner that violates these Terms or applicable law.
Effect of termination or cancellation. If a case is refused, paused, or cancelled:
• access to the consultation, report, or communications may be restricted or discontinued;
• delivery of the report may be limited to the patient only, where appropriate; and
• fees and refunds, if any, will be handled strictly in accordance with Section VIII (Fees, payment, cancellations, and refunds).
Neither Genomate nor the Consulting healthcare provider is obligated to provide the Service where doing so would be unlawful, clinically inappropriate, or inconsistent with professional standards.
No obligation to complete a case. Submission of a request, payment of fees, or scheduling of a consultation does not obligate Genomate or any Consulting healthcare provider to complete the Service if the conditions above are not met.
Limitation of liability. To the fullest extent permitted by applicable law, Genomate Health, Inc. and its affiliates, officers, directors, employees, contractors, licensors, and service providers shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to damages for loss of reputation, loss of revenue or profits, loss of business opportunity, loss of data, loss of goodwill, work stoppage, device failure, or system malfunction, arising out of or relating to:
• your access to or use of the Service or Platform;
• the inability to access or use the Service or Platform;
• any delay, interruption, suspension, or termination of the Service;
• any reliance on information provided through the Service, including consultation reports; or
• any acts or omissions of the Consulting healthcare provider or other third parties,
whether based on contract, tort (including negligence), strict liability, warranty, or any other legal theory, even if Genomate has been advised of the possibility of such damages.
Non-waivable rights preserved. Nothing in this section is intended to exclude or limit liability that cannot be excluded or limited under applicable law, including liability arising from:
• Genomate’s gross negligence or willful misconduct, where such limitation is prohibited; or
• non-waivable statutory consumer protections that apply to you based on your state of residence.
Role clarification. For the avoidance of doubt, Genomate does not practice medicine and does not provide medical care. Any medical opinions, interpretations, or recommendations are provided solely by the Consulting healthcare provider, who is independently responsible for the clinical content of the second opinion. Genomate shall not be liable for the professional judgment, conclusions, or clinical decisions of any healthcare provider.
XVI. Miscellaneous
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be severed and enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
Assignment. You may not assign, transfer, or delegate these Terms, in whole or in part, without the prior written consent of Genomate. Genomate may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
No third-party beneficiaries. Except as expressly stated with respect to Consulting healthcare providers, these Terms are for the sole benefit of the parties and do not create any third-party beneficiary rights.
Entire agreement. These Terms, together with any documents expressly incorporated by reference (including the Service Privacy Notice and any applicable consent forms), constitute the entire agreement between you and Genomate regarding the Service and supersede all prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to the subject matter hereof.
No waiver. Genomate’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision. Any waiver must be in writing and signed by an authorized representative of Genomate.
Electronic communications and signatures. You consent to receive all communications, notices, disclosures, and agreements electronically, including via email, web-based interfaces, electronic forms, and electronic signatures. You agree that your electronic assent, checkbox acknowledgments, typed names, and electronic signatures have the same legal effect as handwritten signatures, to the extent permitted by applicable law, including the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable state electronic transactions laws.
Force majeure. Neither Genomate nor the Consulting healthcare provider shall be liable for any failure or delay in performance resulting from causes beyond reasonable control, including acts of God, natural disasters, epidemics or pandemics, public health emergencies, labor disputes, failures of utilities or telecommunications networks, acts of governmental authorities, or failures of third-party service providers.
Headings. Section headings are provided for convenience only and shall not affect the interpretation of these Terms.
XVII. Governing law and dispute resolution
Governing law. These Terms, and any dispute arising out of or relating to the Second Opinion Service, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles, except where federal law applies. Nothing in this section limits any rights that cannot be waived under applicable law.
Informal dispute resolution. Before initiating arbitration or a court proceeding, you agree to first attempt to resolve any dispute informally. To do so, you must send a written notice describing the dispute and the relief sought to: legal@genomate.healthGenomate will use reasonable efforts to respond within thirty (30) days of receipt. If the dispute is not resolved within that period, either party may proceed as set forth below.
Binding arbitration. Except for disputes that qualify for small-claims court or where injunctive relief is permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration, rather than in court.
• Arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, as modified by these Terms.
• The arbitration shall be conducted by a single neutral arbitrator.The arbitration may be conducted remotely, unless the arbitrator determines that an in-person hearing is required.
• Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Class action waiver. To the fullest extent permitted by law, you and Genomate agree that all disputes must be brought in an individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, or private attorney general proceeding.The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that individual claim.
Opt-out right. You may opt out of the arbitration and class action waiver provisions by sending written notice to legal@genomate.health within thirty (30) days of first accepting these Terms.Your opt-out notice must include your name, contact information, and a clear statement that you are opting out of arbitration. Opting out of arbitration does not affect any other provisions of these Terms.
XIX. Changes to these Terms
Updates and modifications. Genomate Health Inc. may update or modify these Terms from time to time to reflect changes in the Service, applicable laws, regulatory requirements, clinical practices, or operational needs.
Effective date. Unless otherwise stated, updates to these Terms are effective upon posting on the applicable website or order flow and apply prospectively.
Notice of material changes. If a change materially affects your rights or obligations in connection with the Service, Genomate will provide reasonable notice, which may be given through:
• the Service interface or order flow;
• email or other contact information provided during intake; or
• an updated “Last updated” date at the top of these Terms.
Your continued use of the Service after the effective date of updated Terms constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you should not proceed with or continue to use the Service.
XX. Notices and contact information
Notices. Any notices or communications required or permitted under these Terms may be provided electronically and will be deemed given when sent, unless applicable law requires otherwise.
Contacting Genomate
For service support and operational questions: support@genomate.health
For privacy, HIPAA, and data protection inquiries: privacy@genomate.health
For legal notices and dispute resolution: legal@genomate.health
.avif)
