Smarter oncology second opinion — AI-powered, expert-reviewed, using your existing NGS report.
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Effective Date: 21.04.2026
If you reside in the United States of America, these Terms and Conditions do not apply to you. They apply only to European Union residents. Please consult the Terms and Conditions applicable to U.S. residents.
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 Review Session, 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 “Independent Oncologist”), who exercises independent professional judgment and is responsible for the medical content of the Review Session 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 Independent Oncologist is appropriately licensed (or otherwise legally authorized) to provide the Review Session 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 Review Session. Genomate and the Independent Oncologist 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 Independent Oncologist is licensed or otherwise legally authorized to provide the Review Session at the time of the Review Session. If the patient is not physically located in an offered state, the Service cannot be provided under any circumstances.
Genomate and the Independent Oncologist rely on the patient’s attestations and confirmations regarding physical location provided during the order process and, where applicable, at the time of the Review Session. The patient may be required to confirm their physical location verbally or through other reasonable means before or during the Review Session.
If the patient’s actual location is inconsistent with the attestations provided, cannot be reasonably confirmed, or would result in the Review Session being delivered in violation of applicable licensing or telehealth laws, the Service may be paused, rescheduled, limited, or terminated, and the Review Session 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
For the purposes of this Agreement, the following terms have the meanings set out below:
“Service” means the Genomate informational second opinion service made available to individuals located in the European Union, European Economic Area, or the United Kingdom, including the submission of an order request, upload of records, payment, scheduling, participation in any review session, and receipt of the written opinion and related communications.
“Independent Oncologist” means a physician licensed in the United States with expertise in oncology who independently reviews the information submitted in connection with the Service and prepares an educational and informational opinion based on that information. The Independent Oncologist acts independently and is solely responsible for the content of the opinion provided.
“Second opinion” means an independent, educational, and informational review of medical information submitted through the Service, prepared by an Independent Oncologist for the purpose of supporting understanding of a medical condition and possible topics for discussion with the patient’s treating healthcare professionals. A second opinion under this Service is based solely on the information provided, does not constitute medical care in the European Union, and is not a diagnosis, prescription, or treatment recommendation.
“Review” means the process of assessing the medical information and supporting materials submitted in connection with the Service, including any related communications or review session arranged as part of that process.
“Review Session” means any remote discussion or meeting arranged as part of the Service in connection with the review process. A review session is informational in nature and does not constitute a medical consultation or the provision of healthcare.
“Second Opinion Report”, “Report” means the written document delivered as part of the Service, prepared by the Independent Oncologist based on the information submitted. The Report contains an independent, educational and informational review of the medical information provided and is intended solely to support understanding of a medical condition and to facilitate discussion with treating healthcare professionals. The Report does not constitute medical care, diagnosis, or treatment under European Union law.
“Written opinion” means the document or Report prepared by the Independent Oncologist as part of the Service, reflecting their independent educational and informational assessment based on the submitted information.
“Patient” means the individual whose medical information is submitted for review through the Service.
“Support person” means a family member, caregiver, trusted contact, or other person authorized by the patient to participate in the Service and/or receive related communications or the written opinion, to the extent permitted by the patient and applicable law.
“Legal representative” means a person who is legally authorized to act on behalf of the patient under applicable law, such as a parent of a minor or another person with valid legal authority.
“Personal data” means any information relating to an identified or identifiable natural person, as defined by the GDPR.
“Health data” means personal data relating to the physical or mental health of a natural person, including medical records, diagnostic information, laboratory results, pathology findings, imaging Reports, molecular or genetic test results, and other information submitted in connection with the Service.
“GDPR” means Regulation (EU) 2016/679, the General Data Protection Regulation, and, where applicable, the UK GDPR.
Distinct EU service model. This version of the Service is designed specifically for individuals located in the European Union, European Economic Area, and the United Kingdom. It differs from the version of the Service offered in the United States.
In particular, the EU Service:
Geographic availability. The Service is available to individuals located in the European Union, European Economic Area, and the United Kingdom at the time of submitting a request. Genomate may limit or decline access to the Service where required for legal, operational, or compliance reasons.
Service scope and suitability limitations. The Service is limited in scope and is not suitable for all cases. It is designed to provide an educational, record-based review of specific types of medical information. The Service may be provided only where the submitted information is sufficient to enable a meaningful review and where the request falls within the defined scope of the Service.
Clinical scope criteria. At present, the Service is intended for cases involving solid tumors, meaning cancers that form a mass in an organ or tissue (for example, breast, lung, colorectal, prostate, ovarian, melanoma, or sarcoma).
The Service is not intended for:
To support a meaningful educational review, the Service generally requires that the patient has undergone comprehensive molecular testing using next-generation sequencing (NGS), analyzing a sufficient number of cancer-related genes and performed by an appropriately qualified laboratory.
Service limitations. The Service may not proceed where:
User representations and responsibility By requesting the Service, you represent and confirm that:
Genomate and the Independent Oncologist rely on these representations when determining whether the Service can proceed.
Verification and enforcement. Genomate may take reasonable steps to verify eligibility, documentation completeness, and appropriate use of the Service, including reviewing submitted information and requesting additional clarification where necessary.
If it is determined that:
the Service may be paused, limited, or cancelled, and access to the Report may be restricted in accordance with these Terms, including applicable payment and refund provisions.
No obligation to provide the Service. Neither Genomate nor the Independent Oncologist is obligated to provide the Service where:
The Service is not intended for emergency, urgent, or time-sensitive medical situations and should not be used where immediate medical attention is required.
The Service does not provide emergency response, crisis intervention, or real-time medical assessment. If you believe that you or the patient may be experiencing a medical emergency or urgent condition, you should contact local emergency services or seek immediate in-person medical care from a qualified healthcare provider.
You should not delay, avoid, or disregard seeking appropriate medical care based on any information provided through the Service.
Educational and informational nature of the Service.The Service provides an independent, educational and informational review of medical information prepared by an Independent Oncologist, based solely on the materials submitted in connection with the Service.
The Service does not constitute the provision of medical care within the European Union and does not involve diagnosis, treatment, prescribing, or clinical decision-making.
Advisory and non-binding nature of the Report. The Report is informational and advisory in nature. It is intended to support understanding of a medical condition and to inform discussions with treating healthcare professionals. The Report does not replace, supersede, or substitute the care, diagnosis, or treatment provided by the patient’s treating physicians or healthcare team. All medical decisions, including whether and how to act on the information contained in the Report, remain the sole responsibility of the patient and their treating healthcare professionals.
Record-based review and absence of in-person assessment. The Service is provided on a remote, record-based basis and relies exclusively on the medical records, documentation, and information submitted. No physical examination or in-person evaluation is performed. As a result, the Independent Oncologist may not have access to information that would normally be available in a clinical setting, including physical findings or real-time diagnostic data. These limitations may affect the completeness, accuracy, or scope of the Report.
Dependence on submitted information. The accuracy, relevance, and usefulness of the Report depend on the accuracy, completeness, and timeliness of the information provided. Neither Genomate nor the Independent Oncologist independently verifies the authenticity or completeness of submitted materials beyond reasonable review and technical processing. Incomplete, inaccurate, outdated, or misleading information may materially affect the content and conclusions of the Report.
No treatment, prescribing, or ongoing care. The Service does not include prescribing medications, initiating or modifying treatment, or providing ongoing medical care or follow-up. Any references in the Report to potential treatment approaches, therapies, diagnostic considerations, or clinical strategies are provided solely for informational purposes. They do not constitute a prescription, recommendation, or instruction to initiate, modify, or discontinue any treatment. Use of the Service does not establish a physician–patient relationship under European Union law.
Use of decision-support tools. In preparing the Report, the Independent Oncologist may use clinical decision-support tools, including Genomate®, to support their analysis. Such tools are used solely to assist the Independent Oncologist and do not replace their independent professional judgment. All opinions and conclusions expressed in the Report are those of the Independent Oncologist.
No guarantee of outcomes. The Service does not guarantee any specific outcome, including treatment response, disease progression, survival, or quality of life. Medical knowledge, scientific evidence, and clinical practices evolve over time. The Report reflects information available at the time of the review and may not reflect subsequent developments.
Recommendation to consult treating healthcare professionals. You are strongly encouraged to discuss the Report with the patient’s treating healthcare professionals before making any healthcare-related decisions. Treating clinicians are best positioned to interpret the information in the context of the patient’s full medical history, clinical condition, and ongoing care.
No insurance billing or reimbursement support. The Service is provided on a self-pay basis.
Genomate does not submit claims to insurance providers or public healthcare systems and does not determine, verify, or guarantee eligibility for reimbursement. You are solely responsible for any insurance-related inquiries or reimbursement requests. Any documentation provided in connection with the Service is for informational purposes only and does not constitute a claim, pre-authorization, or representation of coverage or medical necessity.
Ordering on behalf of a patient. The Service may be requested either by the patient directly or by another individual acting on the patient’s behalf. Where a request is submitted by someone other than the patient, that individual must ensure that they have appropriate authorization from the patient to submit personal data and medical information in connection with the Service. Regardless of who submits the request, the Service remains centered on the patient, and all required consents and authorizations must be obtained directly from the patient, unless a legal representative is acting in accordance with applicable law.
Patient consent and control
The patient is required to:
The Report and primary Service-related communications are delivered to the patient, unless the patient has explicitly authorized sharing with another individual.
Legal representatives. Where the patient is a minor or lacks legal capacity, the Service may be requested and managed by a legal representative (such as a parent, legal guardian, or other authorized person acting under applicable law).
In such cases:
Support persons. The patient may choose to authorize a support person (such as a family member, caregiver, or trusted contact) to:
Such authorization must be provided explicitly by the patient through the Service workflow. The patient may modify or revoke this authorization at any time prior to sharing, subject to operational and legal limitations.
Limitations on third-party involvement. Individuals who are not the patient and do not have appropriate authorization or legal authority may not:
Requests that do not meet these requirements may be declined, paused, or cancelled.
Verification and access controls. To protect personal data and ensure appropriate access, Genomate may take reasonable steps to verify:
If authorization is unclear, incomplete, or cannot be reasonably verified, Genomate may restrict access, limit participation, or pause or cancel the Service.
Responsibility for shared information. Where the patient authorizes sharing of information or the Report with a support person or other third party, Genomate is not responsible for how that individual uses or further discloses such information once it has been shared in accordance with the patient’s instructions.
Proportionate verification approach. To protect personal data, ensure that the Service is used appropriately, and prevent misuse, Genomate may carry out proportionate checks to verify identity, eligibility, and authorization in connection with the Service.
Genomate does not conduct systematic or intrusive identity verification (such as routine government-issued ID checks), but relies primarily on the information, representations, and confirmations provided during the Service workflow.
Verification measures. Where reasonably necessary, Genomate may verify:
These measures are limited to what is necessary and proportionate for the purposes of:
Additional confirmations. In limited cases, Genomate may request additional confirmations where necessary to:
Such requests may include confirming information directly with the patient or requesting supporting documentation, where appropriate.
Consequences of insufficient verification. If identity, eligibility, or authorization cannot be reasonably verified, or if the information provided is incomplete, inconsistent, or appears unreliable, Genomate may:
No obligation beyond legal and operational requirements. Genomate applies verification measures only to the extent necessary for the operation of the Service and compliance with applicable law. Nothing in this section creates an obligation to perform comprehensive identity verification beyond what is reasonable and proportionate in the context of the Service.
By 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:
You acknowledge that the Review 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 Independent Oncologist 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:
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:
You must upload only relevant medical documents required for the Service.
You must not upload, and the Service must not be used to submit:
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:
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:
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.
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 Independent Oncologist.
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:
Failure to provide complete and sufficient documentation within this period may result in the Service being paused, limited, or cancelled.
Cancellation and refund policy. Fees for the Service are payable as specified during the order process. Subject to applicable law, payments are non-refundable except as expressly set out in this section.
Right of withdrawal (EU consumers). If you are a consumer within the European Union, European Economic Area, or the United Kingdom, you have the right to withdraw from this contract within fourteen (14) days from the date of its conclusion, without giving any reason.
By submitting your order and completing the required consent steps, you:
For the purposes of this Service, full performance occurs upon delivery of the Report. If you exercise your right of withdrawal after the Service has begun but before it has been fully performed, you shall be required to pay an amount proportionate to the Service provided up to the time you inform us of your decision to withdraw, in accordance with applicable law.
The provision of the Service depends on the accuracy, completeness, and adequacy of the information and documentation submitted.
By submitting an order and completing payment, you confirm that:
Where the Service cannot be provided due to failure to meet these requirements, including incomplete or insufficient documentation, this shall not be considered a failure of the Service. User-related inability to provide the Service.
To the extent permitted by applicable law, no refund shall be due where the Service cannot be provided, is suspended, or is terminated due to circumstances attributable to the patient or requester, including:
You acknowledge that the Service is dependent on the accuracy, completeness, and sufficiency of the information you provide.
Inability to provide the Service. If Genomate is unable to provide the Service due to a material failure within its control, and not due to user-related circumstances, you will be entitled to an appropriate remedy in accordance with applicable law, which may include a partial or full refund.
Such circumstances may include:
Exclusions. To the extent permitted by law, no refund shall be due for:
Cancellation prior to commencement. If you cancel the Service before any performance has begun, you may be entitled to a refund in accordance with your statutory rights.
Chargebacks and disputes. If a chargeback or payment dispute is initiated, Genomate reserves the right to suspend the Service pending resolution. You agree to cooperate in good faith in the investigation of any such dispute.
Taxes and currency. All fees are charged in the currency specified during the order process. You are responsible for any applicable taxes or governmental charges, unless stated otherwise.
Scheduling and communications. Scheduling of the Review Session, where applicable, is coordinated through electronic means designated by Genomate, which may include email, secure forms, calendar invitations, or other workflow tools. Review Sessions may be conducted using telehealth technologies, including video conferencing platforms such as Google Meet, as determined by Genomate and/or the Independent Oncologist. Scheduling and Review Session 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 Review Session 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:
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.
Review Session recording.Review Sessions conducted as part of the Service may, where appropriate, be audio and/or video recorded for purposes such as documentation, quality assurance, and service integrity. Any recording will take place only where you have been clearly informed in advance and have provided your explicit consent. Recording is not mandatory for the use of the Service, and you may refuse or withdraw your consent at any time before or during the Review Session without affecting your access to the Service.
Where a recording is made:
Recordings may include personal data and, where applicable, health-related information. Such data will be processed solely for the purposes stated above and will not be used for unrelated purposes. If you do not provide consent to recording, the Review Session will proceed without being recorded, where operationally feasible.
Applicable 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:
You acknowledge that these privacy notices are incorporated by reference into these Terms and form part of the Agreement.
Data protection roles under the GDPR. For the purposes of the GDPR:
Genomate and the Independent Oncologist determine their respective purposes and means of processing independently and are not joint controllers.
Legal basis and processing framework. Personal data is processed only as described in the applicable privacy notices and on the basis of valid legal grounds under the GDPR.
This includes:
Sharing and disclosures. Personal data may be shared only where necessary for the provision and operation of the Service, including:
Where personal data is shared with third parties, appropriate technical and organizational measures and contractual safeguards are applied in accordance with the GDPR.
Patient instructions and authorizations. Where you instruct or authorize the sharing of personal data with third parties (such as support persons or other professionals), such sharing will take place in accordance with your instructions and the applicable legal framework.
You are responsible for ensuring that any personal data you provide or share has been lawfully obtained and that any required permissions or authorizations have been secured.
Data handling limitations. Genomate processes personal data only to the extent necessary to provide and support the Service, comply with legal obligations, and ensure security and integrity.
Personal data, including health data, is not used for advertising, marketing, profiling, or unrelated commercial purposes.
For detailed information on data categories, purposes, retention periods, security measures, and your rights, please refer to the Second Opinion Service Privacy Notice.
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.
Ownership of professional content and platform materials. The written Report, including any professional opinions, conclusions, and interpretations, is authored by the Independent Oncologist and reflects that provider’s independent professional judgment. Subject to applicable law and professional obligations, the Independent Oncologist retains ownership of the professional 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 Independent Oncologist 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, if the patient chooses, for consulting 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 Independent Oncologist. The Report is intended for informational and educational purposes only.
Except as expressly permitted by applicable law, you may not:
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 Review Session, and any other remedies available under applicable law.
Clarification of permitted sharing
Nothing in this section restricts your right to:
In addition to other prohibitions set forth in these Terms, you are prohibited from using the Service, any associated forms, Reports, Review Sessions, 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 Independent Oncologist, 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, Independent Oncologists, 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 Review Session, 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 commercially exploit the Service, the Report, or any outputs of the Review Session, or to make them available to third parties for commercial purposes;
(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 Review Session, 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.
Independent medical opinion and limited scope. The Second Opinion Report represents the independent professional medical opinion of the Independent Oncologist based on the information provided. The Report does not replace, supersede, or substitute the care, diagnosis, or treatment provided by the patient’s treating physician or healthcare team. Tt is intended for informational and educational purposes to support understanding and discussion with qualified healthcare professionals. The Second Opinion Report 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 Independent Oncologist 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. The Service does not establish an ongoing physician–patient relationship and 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 Report, the Independent Oncologist 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 Independent Oncologist’s independent judgment. Any opinions, interpretations, or recommendations provided as part of the Service are solely those of the Independent Oncologist, 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 information. The Second Opinion Report 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 Independent Oncologist 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 Independent Oncologist provides the opinion within the scope and limits of their professional licensure applicable to the patient’s location.
Data loss and technical failures. While Genomate implements appropriate technical and organizational measures to protect the integrity and availability of the Service, you acknowledge that the Service relies on electronic systems, third-party infrastructure, and internet connectivity, which are not entirely free from risk. To the extent permitted by applicable law, Genomate shall not be liable for loss, corruption, delay, or unavailability of data or information arising from technical failures, system interruptions, or events outside its reasonable control, including failures of third-party service providers, network disruptions, or user devices. Nothing in this section excludes or limits liability where such loss results from Genomate’s intent, gross negligence, or failure to implement reasonable and appropriate security measures as required under applicable law.
THE SECOND OPINION SERVICE, INCLUDING ANY REVIEW SESSION, 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 Independent OncologistS 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.
Limited indemnification by the User. To the extent permitted by applicable law, you agree to indemnify and hold Genomate Health Inc., its affiliates, and their respective officers, directors, employees, contractors, and service providers harmless from any third-party claims, damages, or losses arising directly from:
This obligation applies only to the extent that such claims result from your fault, actions, or omissions.
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. Where reasonably necessary, you agree to cooperate in good faith in the handling of any claim covered by this section. Genomate may, where appropriate, assume control of the defense of such claims, taking into account your interests.
Right to refuse, pause, or cancel the Service. Genomate Health Inc. and/or the Independent Oncologist reserve the right, at any time, to refuse, pause, suspend, limit, or cancel a request for the 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:
Effect of termination or cancellation. If a case is refused, paused, or cancelled:
Neither Genomate nor the Independent Oncologist is obligated to provide the Service where doing so would be unlawful, inappropriate, or inconsistent with professional standards.
No obligation to complete a case. Submission of a request, payment of fees, or scheduling of a Review Session does not obligate Genomate or any Independent Oncologist 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:
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:
Role clarification. For the avoidance of doubt, Genomate does not provide medical care, medical advice, diagnosis, or treatment and does not practice medicine. The Report and any related outputs are prepared solely by the Independent Oncologist, who exercises independent professional judgment and is exclusively responsible for the content of the opinion provided. Genomate’s role is limited to providing the technical and administrative infrastructure that enables the Service. To the extent permitted by applicable law, Genomate is not responsible for the professional judgment, conclusions, or opinions expressed by the Independent Oncologist. Nothing in this section limits liability where such limitation is not permitted under applicable law.
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 Independent Oncologists, 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 Independent Oncologist 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.
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. However, if you are a consumer residing in the European Union, European Economic Area, or the United Kingdom, this choice of law shall not deprive you of the protection afforded to you by mandatory provisions of the law of your country of residence.
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.health
Genomate 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.
Alternative dispute resolution (ADR). Where applicable, you may have the right to use alternative dispute resolution mechanisms to resolve disputes without going to court. The European Commission provides an online dispute resolution (ODR) platform, which is available at:
https://ec.europa.eu/consumers/odr Genomate does not commit to participate in alternative dispute resolution procedures before a consumer arbitration body unless required by applicable law.
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.
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:
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.
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, and data protection inquiries: privacy@genomate.health
For legal notices and dispute resolution: legal@genomate.health
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