Terms of Use

• joinlilac.com, domain sub pages, and Lilac Health mobile applications (our “App(s)”);
• Any supplements, tests, accessories, or other products available to purchase through our Apps (our “Products”);
• The services made available through our Apps (our ”Services”);
• All other related content and features offered by the Company (our “Features”).

READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR ACCESS TO AND USE OF OUR PLATFORM. BY USING THE PLATFORM IN ANY MANNER, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.

WE MAY MODIFY THIS AGREEMENT FROM TIME TO TIME. WHEN WE DO, WE WILL NOTIFY YOU VIA EMAIL OR THROUGH THE PLATFORM. YOUR CONTINUED USE OF THE PLATFORM AFTER THE EFFECTIVE DATE OF ANY UPDATED VERSION OF THE AGREEMENT WILL INDICATE YOUR ACCEPTANCE OF THE AGREEMENT AS MODIFIED.

THE COMPANY IS NOT A LICENSED HEALTHCARE OR MEDICAL PROVIDER, AND THE PLATFORM IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE MEANT TO DIAGNOSE, TREAT, OR MANAGE ANY ILLNESS, SYMPTOM, OR MEDICAL CONDITION. PLEASE CONSULT WITH A LICENSED PRACTITIONER, PHYSICIAN, OR QUALIFIED HEALTHCARE PROVIDER BEFORE TAKING ANY ACTION OR MAKING ANY DECISION THAT MAY AFFECT YOUR HEALTH.

OUR PLATFORM IS NOT INTENDED TO BE USED FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, PLEASE SEEK IMMEDIATE EMERGENCY MEDICAL CARE. YOU SHOULD NOT DISREGARD OR DELAY SEEKING MEDICAL ADVICE BASED ON ANY INFORMATION THAT APPEARS OR DOES NOT APPEAR ON OUR PLATFORM. IF YOU HAVE ANY QUESTION OR CONCERN ABOUT YOUR HEALTH OR IF YOU HAPPEN TO EXPERIENCE ANY CHANGES IN YOUR OVERALL HEALTH, CONSULT WITH A HEALTHCARE PROFESSIONAL.

In order to access the Platform, you represent and warrant that you are 18 years old or older. If you are under the age of 18, please do not attempt to register with us on the Platform or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we have full authority to delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us.

To use the Platform, you may be required to create or update a digital account and will be asked to provide certain personal information, which may include a given name and e-mail address (your “Account”). This information will be held and used in accordance with our privacy policy, which can be found at joinlilac.com/privacy-policy (our “Privacy Policy”).

You agree that you will supply accurate and complete information to the Company, and that you will update that information promptly if it changes. You are responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree to not provide others with access to your account or your password, as this would compromise the security of your Account.

Special circumstances, such as your location, IP address, or type of email address, may prevent you from accessing the Platform or creating an Account. By using the Platform, you agree that these measures are necessary for our business and understand that they may prevent you from creating an Account temporarily or indefinitely, as described further in this Agreement.

The Platform allows you to provide personal information, survey responses, test results, images, videos, text requests and logs information regarding your device and Platform usage (“User Information”). You retain all the rights to such User Content.

By providing any User Information or using the Platform, and subject to our Privacy Policy, you agree to:

(a) grant the Company a non-exclusive, royalty-free, sub-licensable, transferable, worldwide license to use, modify, copy, display publicly or privately, and create derivative works from your User Information in connection with providing and operating the Platform and/or for promotional purposes; and

(b) allow the Company to de-identify your User Information such that it is no longer considered your User Information. We may continue to use such de-indentified data internally or disclose, aggregate, or otherwise send to third parties for analytics, research, or other purposes.

The Company reserves the right to review, delay, reject, or delete all User Information prior to or after submission to the Platform for any reason, at any time, without prior notice, at the Company’s sole discretion.

Our Platform contains sensitive, confidential, and proprietary information, data, database schemas, algorithms, software architecture, aggregation and compilation of User Information, methodologies, processes, know-how, text, images, video, audio, trademarks, logos, features, and functionality; the use of these, their design, arrangement, and selection are solely owned by the Company, its licensors, and providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws (collectively, the “Content”). All rights, title, and interest in and to the Platform not expressly granted in this Agreement are reserved by the Company.

This Agreement permits you to use the Platform for your personal, non-commercial use only. By using the Platform, you agree that you shall not do any of the following without express written consent of the Company:

(a) modify or store copies of any Content, except for any device local storage necessary for the common use of the Platform and single copies used for personal reference;

(b) separate components of any Content and use them individually;

(c) remove or modify any trademark, copyright, or other proprietary rights notices;

(d) frame or utilize framing techniques to enclose, or deep-link to, any Content;

(e) access or use any part of the Platform or Content for outsourcing for others or as part of a business for the benefit of a third party who pays directly for its benefit or for other similar commercial purposes;

(f) reverse engineer, decompile, disassemble, or use the Platform for the purpose of deciphering software or operational logic for any part of the Platform;

(g) use or access the Platform to compile data in a manner that is used or usable by a competitive product or service;

(h) use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;

(i) use your Account to engage in any illegal activity;

(j) upload or transmit any communications that infringe or violate the rights of any party;

(k) upload media of any kind that may be deemed hateful, abusive, offensive, obscene, pornographic, sexually explicit, or that contains any material that could be in violation of any applicable laws or regulations; and

(l) upload any material that contains any computer code that could be malicious, harmful, disruptive, destructive, or limiting for the Platform.

Any use of the Platform that does not satisfy the restrictions detailed in this section may lead to the immediate cancellation or permanent banning of your Account without notice and at the Company’s sole discretion.

The Platform's operations are governed by both state and federal regulations within the United States, and its availability may not extend to your state of residence or foreign country. By utilizing the Platform, you warrant that you are not prohibited by the laws of the United States or any other applicable jurisdictions from accessing the Platform. Moreover, access and usage of the Platform is exclusively limited to users located in states within the United States. Accessing the Platform from jurisdictions where its content is deemed illegal, or where the Platform is not offered, is strictly prohibited.

Our goal is to ensure that our Platform is available to you at all times. However, there may be instances where the Platform, or parts of it, are not accessible due to technical issues, maintenance, or other unforeseen circumstances. As such, we cannot guarantee that our services and products will be available continuously, and we do not make any warranty or representation to that effect. We are not liable for any damages that may arise from the unavailability of our services, including but not limited to lost profits, lost data, or any other direct, indirect, or consequential damages. We will not be responsible for any losses incurred due to reliance on our services.

Our App requires internet data and any SMS text communications require a carrier to use. Your internet provider or carrier’s normal rates and fees, such as text messaging and data charges, will still apply if you use the App.

You are prohibited from any activity that may be deemed as violating or attempting to violate the security of the Platform. By using the Platform, you agree that you shall not do any of the following without express written consent of the Company:

(a) access data not intended for you by logging onto another user’s server or Account;

(b) permit other individuals to use the Platform on your behalf;

(c) access or use the Platform or any portion thereof without authorization and proper authentication (when applicable);

(d) use any device, software, protocol, or process that may disrupt or attempt to disrupt the Platform or any activity related to the Platform;

(e) attempt to test, monitor, or probe any Platform system or network vulnerability or to breach any security or authentication measures;

(f) bypass any software protocol, such as exclusion headers, that we use to prevent or restrict unauthorized access to the Platform; and

(g) send or take any action that assists in sending a virus, trojan, or any other harmful software component to our Platform.

You are also responsible for ensuring that only you have access to your Account password and other information. By using the Platform, you agree that you shall:

(a) keep secure your login key and password;

(b) authorize, monitor, and control access to and use of your Platform Account and password;

(c) notify us immediately if you believe your Account or password has been compromised; and

(d) notify us if you wish to suspend or cancel your account for whatever reason.

Any violation of system or network security may result in civil or criminal liability. We reserve the right to investigate violations, notify and cooperate with any law enforcement or regulatory agency, and prosecute or assist in the prosecution of users who are involved in such violations.

We strive to provide you with health and wellness information that is helpful and approachable. However, the Platform cannot guarantee any health-related improvements or result. Your use of the Platform, including any information, predictions, risk-profiles, or suggestions provided therein, is solely at your own risk. We do not represent or warrant the accuracy of any data, information, estimates, or predictions provided through the Platform or any Content therein. Please understand that the Platform is not intended to replace or serve the same purpose as a medical professional, medical device, or healthcare provider.

There is a possibility of typographical errors, inaccuracies, or other errors on the Platform, and unauthorized changes by third parties may occur. Colors displayed in the Platform may also vary depending on the medium by which it is being viewed, and we do not make any guarantee that the colors will be accurate. If you come across an inaccuracy, please contact us so that we can correct it. We reserve the right to unilaterally correct any inaccuracies without prior notice. Information on the Platform may also be changed or updated without notice.

The Platform may give you access to links to third-party websites, digital applications, or other products or services (“Third Party Services”). We have no control over Third Party Services in any manner and, accordingly, we are not responsible for the privacy practices or security measures of such Third Party Services. The Company does not assume any liability associated with such Third Party Services. Your use of our link to reach any of these Third Party Services is done at your own risk. Our inclusion of links to Third Party Services does not imply any endorsement of any kind by the Company of the material, services, or products located on or linked to by such Third Party Services and should not be deemed as such. You are solely expected to take any appropriate steps to determine whether accessing a Third Party Service is appropriate, including protecting your personal information and privacy and complying with relevant agreements.

Our Platform may allow you to buy Products or pay for Services or Features (a “Purchase”). To simplify the experience for services that are rendered by a third party, we may sometimes serve as a payment processing agent on your behalf for Purchases.

When making a Purchase, we will reserve the right to refuse, cancel, delay, reimburse, or partially reimburse the payment for any reason at our sole discretion. For any Purchase that is deemed by the Company as fraudulent or at risk of being fraudulent, your account may also be suspended, or frozen, at our sole discretion.

You will not be charged for a Purchase until after the method of payment is authorized, the order information verified, and the items in an order are shipped. There are situations that may lead to your Purchase being canceled, including limitations on available inventory, inaccuracies or errors in product information, or problems identified by our security and compliance teams. We may, at our sole discretion, request additional information from you before completing a Purchase.

In the event that a Purchase is cancelled or we require additional information, we will contact you. If your Purchase is canceled after your method of payment has been charged, we will issue a credit to your in the same amount as the total charge. We use shipment providers for purchases of Products, and these include an inherent risk of loss and title for any Product included in the Purchase. We make no guarantee that any Purchase Products will be successfully delivered, within a specific time period, or in any type of condition. In the event that a Purchase is not delivered successfully, send us a message so that we can attempt to resolve the situation.

When you use the Platform, or send e-mails, messages, and other communications from your personal device, you are communicating with us electronically and agree to receive communications from us electronically in return, either via email, phone call, in-app chat, website chat, or text message. By using our Platform, you also agree to use electronic signatures for any agreements or contracts and provide your consent to do so. You also warrant that you understand that any and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

OUR PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER THE COMPANY, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS OR CONTENT PROVIDERS WARRANTS, AND EACH OF THEM HEREBY EXPRESSLY DISCLAIMS, THAT: A) OUR PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT IT WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; B) ANY INFORMATION OR CONTENT OBTAINED THROUGH THE USE OF OUR PLATFORM WILL BE ACCURATE, RELIABLE, OR COMPLETE; C) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF OUR PLATFORM. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM THE USE OR INABILITY TO USE OUR PLATFORM, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE RESERVE THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE OUR PLATFORM AT ANY TIME WITHOUT PRIOR NOTICE. WE SHALL NOT BE LIABLE FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION OF OUR PLATFORM.

THE COMPANY, ITS REPRESENTATIVES, AND ANY THIRD PARTIES MENTIONED ON THIS PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, SERVICES, PRODUCTS, CONTENT, OR USER INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM AND SERVICES IS $500 (FIVE HUNDRED DOLLARS).

We will not be deemed to be in breach of these terms or liable or deemed to have defaulted for any breach of these Terms of Use or our Privacy Policy for any failure or delay in fulfilling or performing any term of these Terms of Use, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): acts of God, war, terrorism, civil unrest, strikes, labor disputes, natural disasters, pandemics, government actions, power outages, internet or network outages, or other unforeseeable events beyond the Company’s control. We will do our best to communicate with you and to provide notice within thirty (30) days of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. We shall resume the performance of our obligations as soon as reasonably practicable.

We are not obligated to monitor access or use of the Platform. However, we reserve the right to do so for purposes of operating and maintaining the Platform, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove any Content or disable Accounts at any time, in each case without notice and at our sole discretion if we determine that your Content or use of the Platform is objectionable or in violation this Agreement.

Except as expressly provided in these Terms of Use, nothing in these Terms of Use shall create or confer any rights or other benefits in favor of any person or entity other than the parties to these Terms of Use. No third party shall have any right to enforce any provision of these Terms of Use, whether by virtue of the Contracts (Rights of Third Parties) Act or otherwise. This provision shall not limit or exclude any liability that cannot be limited or excluded under applicable law.

You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, affiliates, representatives, licensors, suppliers, partners, advertisers and content providers, harmless from and against any claims, actions, demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or resulting from, or alleged to result from:

(a) your use or misuse of the Platform, any Content, or any User Information;

(b) your failure to fully or partially comply with the terms described in this Agreement or the Privacy Policy; and

(c) any external party not affiliated with the Company failing to comply with the terms described in this Agreement or the Privacy Policy.

Any dispute arising out of or relating to these Terms of Use, including but not limited to their validity, interpretation, performance, or breach, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted in the English language and held in the United States and in the state of Delaware. The arbitration shall be conducted by a single arbitrator appointed in accordance with the AAA rules.

The arbitrator's decision shall be final and binding on the parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties shall bear their own costs and expenses of arbitration, unless the arbitrator determines otherwise. This clause shall not prevent either party from seeking interim or provisional relief from a court of competent jurisdiction, including but not limited to injunctive relief or specific performance, to protect its rights or property pending the outcome of the arbitration.

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND THE COMPANY AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

If you believe any materials accessible on or from the Platform infringe on your copyright, you may request removal of those materials (or access thereto) from this Platform by contacting the Company and providing detailed information on the infringement.

Copyright ©2023 Lilac Health, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.