Terms of Service

1. Acceptance of Terms

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and AmberCheck, Inc. ("AmberCheck," "we," "us," or "our").

If you are accessing or using the Services on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Services.

2. Eligibility

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

The Services are not intended for individuals under the age of 18. If we learn that we have collected personal information from an individual under the age of 18, we will take steps to delete that information as quickly as possible.

You also represent that you are not prohibited from receiving the Services under the laws of the United States or any other applicable jurisdiction.

3. Account Registration and Security

To access certain features of the Services, you may need to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form ("Registration Data") and to maintain and promptly update the Registration Data to keep it accurate, current, and complete.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Create a strong, unique password for your account
• Immediately notify us of any unauthorized use of your account or any other breach of security
• Ensure that you exit from your account at the end of each session when accessing the Services on a shared computer
• Not share your account credentials with any third party

We will not be liable for any loss or damage arising from your failure to comply with these requirements.

One Account Per User

You may not create more than one account for yourself. We reserve the right to terminate duplicate accounts.

4. Services Description

AmberCheck provides a health monitoring platform that helps users track and understand their biomarkers through lab test analysis, personalized insights, and health recommendations. Our Services may include:

• Analysis and visualization of lab test results
• Personalized health insights based on biomarker data
• Health trends and tracking over time
• Educational resources about biomarkers and health
• Integration with partner laboratories and health providers
• Mobile applications for iOS and Android devices

Not Medical Advice

The information provided through the Services is for informational and educational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment.

Service Modifications

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

5. Payment Terms

AmberCheck offers both free and paid subscription plans for our Services. By selecting a paid subscription plan, you agree to pay the subscription fees as described at the time of purchase.

Subscription Fees

Subscription fees are charged in advance and may be billed monthly, quarterly, or annually, depending on the plan you select. All fees are non-refundable, except as otherwise provided in these Terms or as required by applicable law.

We may change the fees for our Services at any time with notice to you. If we increase the fees for your subscription plan, we will notify you at least 30 days before the change takes effect. If you do not agree to the fee increase, you may cancel your subscription before the change takes effect.

Automatic Renewal

Your subscription will automatically renew at the end of each subscription period unless you cancel your subscription before the renewal date. By subscribing to a paid plan, you authorize us to charge the payment method you provide to us for the subscription fees on a recurring basis.

Cancellation

You can cancel your subscription at any time through your account settings or by contacting our customer support. If you cancel your subscription, you will continue to have access to the paid features until the end of your current billing period. We do not provide refunds or credits for partial subscription periods.

Free Trials

We may offer free trials of our paid subscription plans. If you sign up for a free trial, we will begin charging your payment method for the subscription fees at the end of the free trial period unless you cancel your subscription before the end of the trial period.

6. User Content

"User Content" means any data, information, or material that you submit, upload, or otherwise make available through the Services, including lab results, health metrics, notes, and comments.

License to User Content

By submitting User Content to the Services, you grant AmberCheck a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, modify, process, analyze, display, and store your User Content solely for the purposes of:

• Providing, maintaining, and improving the Services
• Generating personalized insights and recommendations
• Conducting research and analysis to enhance our algorithms and services
• Complying with applicable legal obligations

This license is limited to the purposes described above and does not grant us the right to sell your User Content to third parties or use it for advertising purposes.

Your Responsibility for User Content

You are solely responsible for your User Content and the consequences of submitting it to the Services. By submitting User Content, you represent and warrant that:

• You own or have obtained all necessary rights and permissions to submit the User Content
• The User Content is accurate and not misleading
• The User Content does not violate these Terms, applicable law, or the rights of any third party
• The User Content does not contain any viruses, malware, or other harmful code

Anonymized Data

We may use aggregated and de-identified data derived from User Content for research, analytics, service improvement, and other business purposes. This anonymized data will not identify you personally and may be shared with third parties.

7. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Violating any applicable laws, regulations, or third-party rights
• Using the Services for any illegal purpose or to promote illegal activities
• Attempting to gain unauthorized access to other user accounts or AmberCheck's systems
• Interfering with or disrupting the Services or servers connected to the Services
• Circumventing, disabling, or otherwise interfering with security-related features of the Services
• Using the Services to transmit any malware, spyware, or other malicious code
• Scraping, data mining, or otherwise collecting information from the Services without our prior written consent
• Using the Services to send unsolicited communications or advertisements
• Impersonating another person or entity, or falsely stating or misrepresenting your affiliation with a person or entity
• Using the Services in a manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this provision, including removing prohibited content, suspending or terminating accounts, and reporting violators to law enforcement authorities.

8. Intellectual Property Rights

The Services and all content, features, and functionality thereof (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by AmberCheck, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.

Limited License to Use the Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use. This license does not include any right to:

• Use the Services for any commercial purpose
• Copy, modify, or create derivative works based on the Services
• Reverse engineer, decompile, or disassemble any portion of the Services
• Remove any copyright, trademark, or other proprietary notices from the Services
• Redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Services

Trademarks

The AmberCheck name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AmberCheck or its affiliates or licensors. You may not use such marks without our prior written permission.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AMBERCHECK EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AMBERCHECK DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT, OR THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

AMBERCHECK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OR COMMUNICATIONS AVAILABLE ON OR THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL MEET YOUR EXPECTATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMBERCHECK, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

UNDER NO CIRCUMSTANCES WILL AMBERCHECK BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMBERCHECK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

• ERRORS, MISTAKES, OR INACCURACIES IN CONTENT
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES
• UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES
• BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY

IN NO EVENT SHALL AMBERCHECK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID AMBERCHECK FOR USE OF THE SERVICES IN THE PAST SIX (6) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless AmberCheck, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your User Content
• Your use of the Services
• Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or proprietary right
• Your violation of any applicable laws, rules, or regulations

This defense and indemnification obligation will survive the termination of these Terms and your use of the Services.

12. Termination

We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Without limiting the foregoing, we may terminate your access to the Services if:

• You breach any provision of these Terms
• We are unable to verify or authenticate any information you provide to us
• We believe that your actions may cause legal liability for you, our users, or AmberCheck
• We decide to cease operations or otherwise discontinue any service or option

You may terminate these Terms at any time by canceling your account and discontinuing use of the Services.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Changes to Terms

We reserve the right to update or modify these Terms at any time without prior notice. When we make changes, we will revise the "Last Updated" date at the top of these Terms. We encourage you to review these Terms periodically to stay informed about any updates.

Your continued use of the Services after the changes have been made will constitute your acceptance of the changes. If you do not agree to the changes, you must stop using the Services.

For material changes to these Terms, we will make reasonable efforts to notify you through the Services or via the email associated with your account.

14. Governing Law

These Terms and your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to its conflict of law rules.

15. Dispute Resolution

PLEASE READ THE FOLLOWING CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate

You and AmberCheck agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be settled by binding arbitration, except that either party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

The arbitration will be conducted by a single, neutral arbitrator and shall take place in San Francisco, California, or another mutually agreeable location, in English.

Class Action Waiver

YOU AND AMBERCHECK 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 PROCEEDING. Further, unless both you and AmberCheck agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Opt-Out Procedure

You have the right to opt-out of the provisions of this arbitration agreement by sending written notice to AmberCheck at [email protected] within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you want to opt-out of the arbitration agreement.

16. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and AmberCheck regarding your use of the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and AmberCheck regarding your use of the Services.

Severability

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of these Terms will remain in effect.

No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AmberCheck.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without AmberCheck's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. AmberCheck may freely assign or transfer these Terms without restriction.

17. Contact Us

If you have any questions, concerns, or comments about these Terms, please contact us at:

Email: [email protected]

Postal Address:
AmberCheck, Inc.
123 Market Street, Suite 1500
San Francisco, CA 94105
United States