Terms of Service - Health HackerIQ

Terms of Service for Health HackerIQ, LLC

Effective Date: January 1, 2025

Welcome to Health HackerIQ, LLC (“Company,” “we,” “us,” or “our”). It’s time to become the CEO of your health!

As you may know, Health HackerIQ helps facilitate access to laboratory testing, including genetic and other ancillary health-related testing and coaching services. Our HIPAA-compliant service provides access to those results in a convenient, meaningful, robust, and easy-to-understand format, combined with targeted insights from top health coaches and professionals. Health HackerIQ’s mission is to empower you to live a healthier life, starting with understanding your unique health profile.

These Terms of Service (the “Terms”) contain essential terms and conditions regarding your use of our Services and Products, including any materials, data, information, and content available therethrough. PLEASE REVIEW THE TERMS VERY CAREFULLY BEFORE USING OUR SERVICES. We encourage you to contact us at [email protected] with any questions or concerns before proceeding any further with our Services or Products.

The Terms incorporate Health HackerIQ’s Privacy Policy by reference in its entirety—as though herein completely stated—and all references to these Terms shall refer, without limitation, to our Privacy Policy, as above-linked. Please accordingly review our Privacy Policy very carefully.

AN IMPORTANT NOTE: THESE TERMS AND CONDITIONS REQUIRE THE BINDING ARBITRATION OF DISPUTES ON AN INDIVIDUALIZED BASIS. EXCEPT AS HEREIN PROVIDED, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY WAIVE YOUR RIGHTS TO: (A) SEEK RELIEF IN A COURT OF LAW; (B) HAVE DISPUTES DECIDED BY JUDGE OR JURY; AND (C) PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST HEALTH HACKERIQ.

The Terms constitute a legally-binding contract between you and Health HackerIQ that governs your access to and use of our services and products, including but not limited to: (a) your use of the website HealthHackerIQ.com (the “Site”) and its features; and (b) any purchases and/or uses of our Services. BY ACCESSING AND/OR MAKING USE OF OUR SERVICES, INCLUDING WITHOUT LIMITATION VIA ONE OR MORE OF OUR WEBSITES, ADVERTISEMENTS, AND/OR APPLICATIONS, YOU REPRESENT THAT YOU FULLY UNDERSTAND AND AGREE TO BE UNCONDITIONALLY BOUND BY THE TERMS IN THEIR ENTIRETY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Our Services are only available to persons eighteen (18) years of age or older. You must close your browser, and you may not access or use our Services or Products if you are under the age of eighteen (18). At this time, Health HackerIQ does not allow you to create an account for or provide information relating to anyone under the age of eighteen (18).

1. Definitions

“Health HackerIQ,” “Company,” “us,” “our,” and “we,” all refer to Health HackerIQ, LLC, an Idaho state corporation.
“You,” “your,” and “User” refer to you as an individual, plus any entity, individual, and/or organization on whose behalf you are acting in connection with our Services.
“Party” means each of you and Health HackerIQ. Collectively, you and Health HackerIQ are the “Parties.”
“Affiliates” refer to an entity’s executives, employees, officers, directors, agents, attorneys, representatives, partners, joint ventures, parents, subsidiaries, successors, and assigns, collectively.
“Claims” refer to claims, disputes, controversies, matters, and causes of action, collectively.
“Losses” refers to liabilities, harms, losses, debts, damages, awards, expenses, fees, costs, penalties, and fines, collectively.
“Samples” refer to any genetic or other health-related samples provided by members to independent third-party laboratories for reporting in connection with Health HackerIQ’s Services.
“Lab Results” refer to the results of any and all Sample analyses; however, Lab Results do not include the formatting of your Lab Results, the graphic representation of your Lab Results, or any other content accompanying your or otherwise furnished in connection with your Lab Results obtained from independent third-party laboratories.
“Product(s)” refer to any and all products offered for sale and/or use in connection with our Services.
“Services” refer to any and all services arising out of and/or relating to Health HackerIQ. Our Services include, without limitation:

Facilitating convenient access to third-party laboratory services for the purposes of collecting Samples;
Providing convenient access to Lab Results in conjunction with those Samples and furnishing a detailed yet comprehensible and consumer-friendly report relating thereto;
Facilitating opportunities to connect with third-party health coaches and professionals regarding ordering of tests and related Lab Results;
Providing informational content relating to health, wellness, fitness, diet, and lifestyle, including but not limited to parameters in Lab Results.

OUR SERVICES FURTHER INCLUDE, WITHOUT LIMITATION, OUR SOFTWARE APPLICATIONS, TEXT AND SMS MESSAGES, WEBSITES, EMAILS, SOCIAL MEDIA ACCOUNTS, AND THE CREATION, PUBLICATION, EXHIBITION, AND DISTRIBUTION OF CONTENT. HEALTH HACKERIQ DOES NOT PROVIDE MEDICAL ADVICE, CARE, OR OPINIONS IN CONNECTION WITH OUR SERVICES, AND YOUR USE OF OUR SERVICES DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP WITH HEALTH HACKERIQ OR OUR AFFILIATES.

“Content” refers to any and all data, information, content, material, and other intellectual property available through our Services in various formats—including but not limited to code, text, images, multimedia content, designs, graphics, illustrations, photographs, banners, videos, and software applications—but specifically excluding Personal Information and User Content.
“User Content” refers to any text, photos, graphics, images, video, audio, multimedia, and other materials you create, modify, post, provide, upload, send, and/or share in connection with our Services.
“Payment Information” refers to your financially sensitive information that enables a purchase, such as credit/debit card numbers, CVCs, expiration dates, and PINs.
“Personal Information” refers to information as defined in our Privacy Policy, including details relating to an individual’s health background (e.g., medical history, symptoms, Lab Results) and Payment Information.

2. Health HackerIQ Does Not Provide Any Medical Services

In order to use our Services, you must acknowledge and agree to the following:

HEALTH HACKERIQ DOES NOT OFFER YOU MEDICAL ADVICE, A DIAGNOSIS, MEDICAL TREATMENT, OR ANY FORM OF A MEDICAL OPINION THROUGH OUR SERVICES OR OTHERWISE. All material, information, data, and content that Health HackerIQ provides through our Services is strictly for general information purposes.
OUR SERVICES ARE NOT A SUBSTITUTE FOR QUALIFIED MEDICAL CARE, QUALIFIED MEDICAL ADVICE, AND/OR A DETAILED DISCUSSION WITH YOUR OWN QUALIFIED HEALTHCARE PROFESSIONAL. Health HackerIQ strongly recommends that you seek the advice of your own qualified healthcare professional to assist you in making decisions regarding any diagnosis, treatment, course, and/or care—including without limitation in relation to any data and/or information we provide—and you agree to follow this recommendation.
To the fullest extent permitted by applicable law, you agree that you use our Services and rely on the materials, data, content, and information you receive in connection with our Services—including without limitation the Content—at your own risk. To the fullest extent permitted by applicable law, Health HackerIQ disclaims all liability and responsibility arising out of and/or relating to any reliance placed by you and/or any other person on our Services and/or any data and/or information you receive in connection with our Services.
EMOTIONAL DAMAGES DISCLAIMER: YOU ACKNOWLEDGE AND AGREE THAT HEALTH HACKERIQ IS NOT RESPONSIBLE FOR EMOTIONAL DISTRESS OR DAMAGES ARISING FROM YOUR LAB RESULTS OR ANY UNFAVORABLE INFORMATION DISCOVERED THROUGH OUR SERVICES. OUR SERVICES ARE INTENDED TO PROVIDE YOU WITH OBJECTIVE DATA AND INSIGHTS, AND WE ENCOURAGE YOU TO CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL FOR SUPPORT IN INTERPRETING AND MANAGING THESE RESULTS.

3. Laboratory Sample Handling

Sample Collection and Processing: You agree that any genetic or health-related sample provided through our Services will be collected, handled, and processed by third-party laboratories unaffiliated with Health HackerIQ. Health HackerIQ does not directly collect, process, or store any biological samples.
Risks Associated with Sample Collection: By using our Services, you acknowledge that sample collection processes (e.g., blood draws, saliva collection) may involve risks, such as discomfort, bruising, or minor bleeding. You agree to consult with a qualified healthcare provider if you have concerns about such procedures.
Responsibility of Laboratories: All laboratory analyses and related services are conducted by independent laboratories. Health HackerIQ does not warrant or guarantee the accuracy, completeness, or reliability of the results provided by these laboratories. Any questions or disputes regarding your results should be directed to the respective laboratory.

4. User Eligibility

Age Restriction: You must be at least 18 years of age to use our Services. By accessing or using our Services, you represent that you meet this requirement.
Authorized Use: You may only use our Services for personal, non-commercial purposes. You must not access or use our Services on behalf of a minor or any third party without their explicit authorization.
Accuracy of Information: You agree to provide accurate and complete information when registering for or using our Services. Health HackerIQ is not liable for any issues arising from inaccurate or incomplete user information.

5. Intellectual Property Rights

Ownership of Content: All content, data, and materials provided through our Services (“Health HackerIQ Content”) are the intellectual property of Health HackerIQ or its licensors. You are granted a limited, revocable, non-transferable license to access and use this content solely for personal, non-commercial purposes.
Prohibited Actions: You may not reproduce, distribute, modify, or create derivative works of any Health HackerIQ Content without prior written consent.
Trademarks: All Health HackerIQ trademarks, logos, and brand elements are protected by intellectual property laws. Unauthorized use of these trademarks is strictly prohibited.

6. Refund Policies

Refund Eligibility: There are no refunds for genetic testing kits as those cannot be returned once mailed. We offer refunds for coaching services, less any credit card fees if the coaching service has not yet been provided to the client.
Non-Refundable Items: Services already rendered (e.g., completed lab analyses) and custom reports are non-refundable. Coaching services already performed.
Processing Time: Refunds may take up to 30 days to process once approved less any credit card transaction fees issued by our 3rd party credit card processor.

7. Limitations of Liability

No Guarantees: Health HackerIQ does not guarantee the accuracy, reliability, or completeness of any health insights, Lab Results, or recommendations provided through our Services.
Liability Cap: To the fullest extent permitted by law, Health HackerIQ’s total liability for any claims arising from your use of our Services is limited to the amount you paid for the specific service in question.
Exclusion of Certain Damages: Health HackerIQ is not responsible for any indirect, incidental, or consequential damages arising from your use of our Services.

8. Governing Law

Jurisdiction: These Terms are governed by the laws of the State of Idaho, without regard to conflict of laws principles.
Disputes: Any disputes arising under these Terms will be resolved in the courts of Idaho unless otherwise stipulated in Section 9.

9. Arbitration Clause

Mandatory Arbitration: Any disputes or claims arising from your use of our Services must be resolved through binding arbitration, administered by an Idaho state arbitrator, under its rules.
Class Action Waiver: You agree to resolve any disputes on an individual basis and waive any right to participate in a class-action lawsuit.
Opt-Out Option: You may opt out of arbitration within 30 days of agreeing to these Terms by sending a written request to [email protected].