Segterra (InsideTracker) Terms of Service
Last updated: May 6, 2020
Terms and Conditions
Segterra, Inc. (referred to as "Segterra", "InsideTracker", "GoalGetter", "we", "us" or "our") provides and makes available this platform (the "platform") and any related services (each a "service", and collectively the "services") according to this Terms of Service Agreement (the "Terms"). By accessing, browsing or otherwise using the platform or any services, you acknowledge that you have read, understood, and agree to be bound by these Terms. Please read them carefully. If you do not agree to and accept these Terms, you shall not access, browse or use the platform.
Description of Services
Segterra's platform, InsideTracker, is a web-based, mobile-based and mobile software application, blood and genetic (DNA) analysis service. By analyzing your Blood, Genetic and Personal Information, InsideTracker gives you personalized insights related to healthy aging, diet and performance. These Terms apply to any use (i.e., web-based, mobile-based or mobile application) of the Platform. InsideTracker includes the following things:
- Only adults age 18 and older may use the service.
- You must create an InsideTracker account and answer a small number of questions about yourself.
- If you buy a blood analysis product, you may choose to have your blood drawn by one of our partner labs that you choose during the purchase and scheduling process. Please review the terms of service found on our partner's website for the rights, obligations and conditions of having a blood test completed by such lab.
- All our partner labs are CLIA-certified.
- For the Blood Results Upload product, you will provide your own blood test results from your doctor, insurance company, or other source.
- If you buy the InsideTracker DNA kit, you specifically agree that your DNA will be genotyped by our partner company, AKESOgen. The InsideTracker DNA results will include only a portion of the DNA in your genome.
- The InsideTracker DNA kit does not provide any data on your ancestry.
- All DNA samples are de-identified before being sent to AKESOgen to help protect your privacy. For specific privacy policies of AKESOgen, please visit the AKESOgen website.
- After analysis, you agree that AKESOgen will send InsideTracker your DNA data for a set of genes related to healthy aging, and diet and fitness.
- InsideTracker analyzes your Genetic and Personal Information to produce your InsideTracker DNA report.
- If you have InsideTracker blood data, you will receive an InsideTracker combined DNA+blood report.
- If you buy the genetics product, GoalGetter, you must have your DNA sequenced by Helix. For specific privacy policies of Helix OpCo, LLC, please visit the Helix website.
- After sequencing, Helix will send InsideTracker your DNA data for a set of genes related to healthy aging, diet and fitness. This data is a very small part of your complete DNA data.
- InsideTracker analyzes your Genetic and Personal Information to produce your GoalGetter results.
- The GoalGetter service does not provide any data on your ancestry. InsideTracker alerts you when your results are ready and you can view them online.
- The InsideTracker service does not provide specific medical advice. It is not a diagnosis of disease and it does not identify any medical conditions.
No Medical Advice
The contents of our platform, including any risk estimates or other reports generated by the services (collectively, "Your Report") and any other information, data, analyses, editorial content, images, audio and video clips, hyperlinks and references (collectively, "Content"), are for informational purposes only. They are not intended to provide professional medical advice, diagnosis, or treatment. They are not intended to be interpreted as a recommendation for a particular treatment plan. THE PLATFORM DOES NOT OFFER MEDICAL ADVICE. NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. THE CONTENT IS NOT INTENDED TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT, SERVICE OR TO ENDORSE OR GUARANTEE THE QUALIFICATIONS, CREDENTIALS OR APPROPRIATENESS OF ANY HEALTH CARE PROVIDED, LINKED TO, ADVERTISED ON THIS SITE. NEITHER THE PLATFORM NOR THE SERVICES ARE A MEDICAL PROGRAM AND ARE NOT INTENDED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. IF YOU SUSPECT THAT YOU MAY HAVE A MEDICAL CONDITION, CONSULT YOUR PHYSICIAN. To satisfy the laws of certain states, we may engage the services of a licensed physician or other person authorized by law to order the blood test services or to receive your blood test results, prior to making these results available to you. However, these interactions are not intended to create, nor do they create, any doctor-patient relationship. You should seek the advice of a doctor or other qualified health provider if you are experiencing any symptoms of or believe you may have any medical or psychiatric condition, regardless of any information contained within Your Report. You should not ignore professional medical advice or delay in seeking it because of any information provided to you in Your Report or any other Content. Furthermore, you should not interpret Your Report or your blood test results or your genetic analysis or any other Content as recommending any specific treatment plan, product or course of action. You should always consult your doctor or other qualified health provider before starting any new treatment or stopping any treatment that has been prescribed for you by your doctor or other qualified health provider.
InsideTracker does not provide allergy testing and none of our content should be interpreted as allergy testing.
PLEASE CALL YOUR DOCTOR OR 911 IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY.
You must create a user account with InsideTracker ("Your Account") in order to access certain parts of our platform, buy the services, and get InsideTracker information. You represent and warrant that the information you provide is accurate and complete and that you will promptly update Your Account if any of the information changes. We reserve the right to end your use of our platform or the services if any information you provide is inaccurate or incomplete. We will ask you to create a username and password for Your Account. You are solely responsible for keeping your password confidential and for all uses of our platform and the services with Your Account. You must immediately notify InsideTracker of any unauthorized use of Your Account. We may refuse to grant you a username or password that is already in use, impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.
This website is for use by adults who are eighteen (18) years of age or older. Users under the age of eighteen (18) may not use the website. By using the website, you also submit that you are eighteen (18) years of age or older. You also agree that you will not use our website or the Services for any purpose that is unlawful, unethical or in violation of these Terms.
Charges and Billing
You must provide a valid credit card number or a web-based payment account when you order an InsideTracker product or service. You represent and warrant that you are authorized to use such credit card or web-based payment account, and you agree to pay all charges incurred using Your Account. You agree that we may pass your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the services ordered by you. All charges are exclusive of sales and other taxes and you are responsible for payment of any applicable taxes (other than taxes on InsideTracker income). We reserve the right to accept or reject orders for any reason. Price and availability of any service are subject to change without notice (unless you have purchased an ongoing subscription to an InsideTracker product or service, in which case the subscription price paid by you for such service shall apply during the term of such subscription).
Limitations on Your Use of the Platform
You agree not to do the following things.
- You will not take any action that imposes an unreasonable load on the platform's infrastructure.
- You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the platform or any activity being conducted on the platform.
- You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the platform.
- You will not delete or alter any material posted on the platform by InsideTracker or any other person or entity.
- You will not frame or link to any of the materials or information available on the platform.
Limitations on the Scope of Our Services
InsideTracker currently provides services in English only. However, an InsideTracker support staff or your healthcare provider may be able to help find other professional resources in your area.
Segterra ("Segterra", "InsideTracker", "GoalGetter", "us", "our" or "we") is fully compliant with the HIPAA Standards for Privacy, Electronic Transactions and Security (including the HITECH Act and the Omnibus Rule of 2013). We have implemented policies, processes, and procedures designed to ensure compliance with Federal security laws, regulations, and rules, and we monitor ongoing compliance efforts and maintain various reporting mechanisms that are required by law or requested by our customers. We recognize that it is a key responsibility for our business and will continue to provide all of our various programs and services in accordance with the relevant requirements of all federal laws and regulations, including, as applicable, HIPAA.
Questions regarding our HIPAA policies or compliance may be directed to: firstname.lastname@example.org
We reserve the right to update our privacy and security policies and practices from time to time at our sole discretion.
Ownership and Use of Content
The platform is owned and operated by InsideTracker. The Content and the services and any intellectual property and other rights relating to the platform are and will remain with InsideTracker, its licensors and suppliers, as applicable. The Content and the services are protected by U.S. and international copyright, trademark and other laws. InsideTracker grants you a non-exclusive, non-transferable, revocable, limited license to receive the InsideTracker services you purchase from InsideTracker. You may view and print one or more copies of the InsideTracker report and any other content obtained by you from our platform, for your noncommercial personal use only, as long as you do not remove or hide any copyright notice, trademark notice, or other proprietary rights notice displayed on or in conjunction with the Content. You may give copies of the InsideTracker report to your doctor and anyone else you choose. You may not use any Content obtained from our platform in any other manner or for any other purpose without the prior written permission of InsideTracker. Our licensors and suppliers may impose additional restrictions on the Content they provide to InsideTracker. In the event of any conflict between such third party restrictions and these Terms, such third party restrictions shall govern. All rights not expressly granted herein are expressly reserved to InsideTracker, its licensors and suppliers. By using our platform or any services, you agree not to remove any copyright, trademark or other proprietary rights notice contained in or on the Content, platform or any services, or "frame" or "mirror" any part of our platform without prior written consent from InsideTracker.
All trademarks, service marks and logos used on our platform, whether registered or unregistered, are owned by InsideTracker, its licensors, suppliers and others. You may not use or display any trademarks, service marks, logos or designs used on our platform without prior written consent from the rightful owner(s).
Accuracy and Integrity of Information
While we strive to keep the Content accurate, complete and up-to-date, InsideTracker cannot and does not guarantee the accuracy, completeness, or timeliness of your InsideTracker report or any other content, whether provided by our licensors, our suppliers or us. It is possible that the content may include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Content by third parties. If you find something that is inaccurate, please inform us so that it can be corrected. Information contained within your InsideTracker report or other content may be changed or updated by InsideTracker without notice. Any opinions, advice, statements or other information expressed or made available by third parties via our platform are those of the respective third party and not necessarily those of InsideTracker. THE CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER INSIDETRACKER NOR ITS LICENSORS OR SUPPLIERS ARE ENGAGED IN RENDERING MEDICAL, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE CONTENT IS INTENDED SOLELY FOR YOUR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS MEDICAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS.
Modification or Suspension of Our Platform and Services
InsideTracker may at any time modify, discontinue, or suspend its operation of, or restrict access to, our platform or the services, or any part thereof, temporarily or permanently, without notice to you.
Third Party Websites
The platform may contain information about, links to or advertisements for web sites operated by other parties (the "Third Party websites"). In addition, emails sent to users of this platform may contain information about, links to or advertisements for Third Party websites. The information provided about, links to and advertisements concerning Third Party websites are provided for your convenience only. We do not control such Third Party websites and we are not responsible for the content and performance of these Third Party websites or for any transactions you may choose to conduct with the operators of any Third Party websites. InsideTracker is not responsible for the content of linked Third Party websites, sites framed within the platform or third party advertisements on the platform or in emails sent from this platform. InsideTracker does not make any representations regarding their content or accuracy. Your use of Third Party websites is at your own risk and subject to the terms and conditions of use of such sites. You agree that InsideTracker has no liability for any damage or loss arising from your access to, use of or reliance on any third party site, software, data, or other information.
Our platform is maintained by InsideTracker from its offices within the United States. InsideTracker makes no representation that materials in our platform are appropriate or available for use in other locations. Those who choose to access this platform or any services from other locations do so on their own initiative and are responsible for compliance with local or national laws, as applicable. The software, technology and other information from this platform are further subject to United States export controls and, potentially, the import laws of your jurisdiction. No software, technology or other information from this platform may be downloaded or otherwise exported or re-exported to any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or otherwise prohibited by United States export control laws. By downloading or otherwise using any software, technology or other information from this platform in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country.
OUR PLATFORM, THE SERVICES, YOUR INSIDETRACKER REPORT AND OTHER CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR OWN RISK. INSIDETRACKER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. INSIDETRACKER DOES NOT MAKE ANY WARRANTY THAT OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. INSIDETRACKER MAKES NO WARRANTIES AS TO THE ACCURACY, QUALITY OR RELIABILITY OF OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED FROM THEIR USE. You may also have other rights under applicable law, which vary from state to state. In the event that applicable law imposes implied warranties notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or first access date (whichever comes first); shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law.
Limitation of Liability
INSIDETRACKER ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON OUR PLATFORM, THE INSIDETRACKER SERVICES, YOUR INSIDETRACKER REPORT OR OTHER CONTENT. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THEIR USE, INCLUDING ANY RELIANCE ON THEIR ACCURACY, COMPLETENESS OR USEFULNESS. IN NO EVENT WILL INSIDETRACKER , ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, OUR PLATFORM, THE SERVICES, YOUR REPORT OR OTHER CONTENT; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INSIDETRACKER DATA, YOUR INSIDETRACKER REPORT, OTHER CONTENT OR ANY COMMUNICATIONS BETWEEN YOU AND INSIDETRACKER OR OUR PLATFORM; LOSS OF OR DAMAGE TO YOUR BIOLOGICAL SAMPLE; THE STATEMENTS OR CONDUCT OF YOU OR ANY OTHER USER ON OUR PLATFORM; OR ANY OTHER MATTER RELATING TO OUR PLATFORM OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT INSIDETRACKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some states may not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.
You agree to indemnify, defend and hold harmless InsideTracker, its licensors, suppliers, and their respective directors, officers, employees, agents, affiliates, successors and assigns, from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise from your use of our platform, the services, Your InsideTracker services or other content, from your breach of these Terms, or from any data or communications you submit, post or transmit to or through our platform. You agree to cooperate as reasonably required in the defense of any such claim. InsideTracker reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of InsideTracker.
Procedure for Making Claims of Copyright Infringement
InsideTracker's agent for copyright issues relating to platform is as follows:
Segterra, Inc. (InsideTracker) email@example.com
If you believe any content infringes your copyright, you may request that such Content be removed from our platform by contacting InsideTracker's copyright agent and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work
- Identification of the material that you believe to be infringing and its location. Please describe the material and provide its URL or any other pertinent information that will allow InsideTracker to locate the material
- Your name, address, telephone number and email address
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the information that you have supplied is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf
- A signature or the electronic equivalent from the copyright holder or authorized representative
This agreement and the resolution of any dispute related to these Terms, our platform, the services, your InsideTracker report or any other content shall be governed by and construed in accordance with the laws of Massachusetts, without regard to its conflicts of law principles. Any legal action or proceeding between InsideTracker and you related to this agreement shall be brought exclusively in a court of competent jurisdiction sitting in Middlesex County, Massachusetts, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.
How to Contact Insidetracker
If you have any questions or complaints, you may contact us at firstname.lastname@example.org at any time.