Terms of Service
Rythm Health, Inc.
(For U.S. Residents Only)
Effective Date: December 28, 2025
Welcome to Rythm Health, Inc. (“Rythm Health,” “we,” “us,” or “our”). By accessing the Site or purchasing or using any Services, you agree to be bound by these Terms of Service (the “Terms”), together with our Privacy Policy, Refund Policy, and any other policies referenced herein (collectively, the “Agreement”). If you do not agree, you must not access or use the Site or Services.
1. Definitions
“User,” “you,” “your”: Any individual who accesses or uses our Site or Services.
“Services”: Any services, data, content, products, features, or functionality provided or made available by Rythm Health, including self-collection test kits, facilitation of third-party laboratory testing, digital dashboards, supplement or test recommendations, discount codes, educational materials, any subscription-based offerings, and the Site.
“Site”: rythmhealth.com, including any subdomains or related sites that link to these Terms, and any mobile applications and related technologies (“Apps”).
“Labs”: Laboratories that analyze specimen samples. Rythm Health owns and operates a laboratory; however, we may make use of third-party laboratories not owned or controlled by Rythm Health as needed.
“Personal Information”: Information that identifies or relates to you, as further described in our Privacy Policy (including health-related info, contact details, and payment data).
“Referral Program”: The program described in Section 24 under which existing Users can earn referral fees for referring new customers who purchase Rythm Health Services.
2. Acceptance & Scope
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST RYTHM HEALTH ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
DO NOT USE THE SERVICES FOR YOUR EMERGENCY MEDICAL NEEDS. IF YOU HAVE A MEDICAL EMERGENCY, DIAL 911 OR GO TO THE NEAREST EMERGENCY DEPARTMENT IMMEDIATELY. THE SERVICES ARE NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.
By clicking “I Agree,” creating an account, or otherwise acknowledging acceptance (including by using the Services), you confirm that you have read, understood, and agree to these Terms in their entirety.
These Terms apply to U.S. residents in all 50 states and Washington, D.C. If you are located outside the United States, you agree that you are solely responsible for complying with local laws applicable to you.
3. Eligibility & Age Requirements
1. Age: The Services are available to individuals who are at least 13 years of age. If you are under the age of 18 (or the age of majority in your jurisdiction) (a “Minor”), you may only use the Services if your parent or legal guardian has reviewed and agreed to these Terms on your behalf. You agree to provide true, accurate, current, and complete information as requested by us to confirm such agreement.
2. Residency: You represent and warrant that you reside within the United States (including D.C.).
3. Legal Capacity: You confirm you have the legal capacity to enter into these Terms.
4. Minors: If you are agreeing to these Terms on behalf of a Minor, you represent and warrant that: (a) you are the Minor’s parent or legal guardian with full legal authority to bind the Minor to these Terms; (b) you assume full responsibility and liability for the Minor’s use of the Services; (c) you are responsible for all charges, fees, and obligations arising from the Minor’s use of the Services; and (d) you will supervise and monitor the Minor’s use of the Services. All references to “User”, “you” and “your” in these Terms shall refer to the parent or legal guardian, who shall be solely liable for any breach of these Terms, including any breach resulting from the Minor’s use of the Services. We do not knowingly collect data from or provide test kits to Minors without agreement to these Terms by the Minor’s parent or legal guardian. If we learn that a user under 18 is accessing our Services without such agreement, we may delete their data and terminate their access to the Services in accordance with applicable law.
If you do not meet all of these requirements, you must not access or use the Site or any Services.
4. Nature of Our Services
4.1 Self-Collected Blood Testing
User Responsibility: You must carefully follow all kit instructions, including proper sample collection, use of provided materials, and timely shipping to the designated Lab.
Consent to Testing: By submitting a sample to us, you: (a) acknowledge and agree that you are authorizing the performance of the applicable test; (b) confirm your continued acceptance of these Terms; (c) represent that you have reviewed and understood all instructions, guidance, and materials included with the collection kit; and (d) permit us to share your personal information with the Lab, any healthcare providers you designate, your insurers or payors, and their respective service providers, as described in these Terms and in our Privacy Policy. If you have any questions or need clarification before proceeding, you agree to contact us or consult with a licensed healthcare professional.
Shipping: You bear responsibility for shipping your sample promptly. Delays or mishandling in shipping may affect test viability. Any late, improper, or mishandled shipment may compromise the integrity of your sample. If you fail to provide a sufficient sample, do not use the kit as instructed, submit the sample in a manner inconsistent with the provided instructions, or return the sample after the stated submission window, the Lab may be unable to perform the test or the Test Results (as defined below) may be inaccurate or unusable. If the Lab determines that a sample cannot be tested (whether due to its condition, improper submission, or non-compliance with the instructions or these Terms) we and the Lab may decline to issue results and no refund will be provided.
4.2 Third-Party Laboratories
Independent Entities: In providing the Services, we may use our Labs or we may partner with third-party accredited Labs (under CLIA and applicable state regulations). Any third-party Labs remain fully independent of Rythm Health.
No Control: We are not liable for any third-party Lab’s procedural errors, shipping problems, test accuracy issues, or other conduct. Any claims regarding third-party lab processes should be directed to that Lab.
4.3 Result Delivery & Interpretation
Notification: We will notify you when the results of testing (the “Test Results”) are ready (e.g., via email or in-app message). Turnaround times vary.
Interpretation: Only a licensed healthcare professional who knows your medical history can provide meaningful interpretation of lab results. Rythm Health does not provide medical advice or interpret Test Results.
4.4 Biomarker Panel Changes; Biomarker Availability
Our biomarker panel and the specific tests included in the Services may change from time to time, including between orders, due to factors such as laboratory requirements, regulatory considerations, method updates, and supply chain or reagent availability. Certain biomarkers may be temporarily unavailable or substituted. If a biomarker is unavailable, we may (but are not required to) offer a substitute biomarker, a credit, or other accommodation, as described in our Refund & Skip Policy or otherwise communicated to you. Temporary biomarker unavailability does not entitle you to a refund or price adjustment.
4.5 State-Specific Notes (Including New York)
Certain states restrict direct-to-consumer testing; for example, New York generally requires a licensed provider’s authorization for specific tests. If we determine your order is restricted under local law, we may cancel and refund your purchase.
You agree to comply with all local laws that govern at-home testing in your jurisdiction.
5. Psychological & Emotional Readiness
Your Test Results are personal and sensitive, and may include unexpected results. Before viewing your Test Results, please consider the potential impact of receiving this information.
Irreversible Knowledge: Lab results can be distressing. Once known, they cannot be unknown.
Emotional Support: If you feel anxious, please consult a mental health professional or licensed medical provider.
No Liability: Rythm Health disclaims liability for any emotional distress arising from your Test Results.
6. Third Party Technology Services
1. The Services may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (together with the Labs, collectively, the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy.
2. To the extent that you utilize any Third-Party Services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services. We have no control over and are not responsible for any Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not us or our affiliates, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. We enable these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Services are between you and the third party. We and our affiliates will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
7. No Medical Advice or Doctor-Patient Relationship
1. Informational Only: All data, results, supplement or dietary suggestions, discount codes, or any other content provided by Rythm Health is for general informational purposes only. Your Test Results are not provided for the purpose of diagnosing or treating any medical condition. In addition, because of the inherent limitations of the Services, neither we nor the Labs guarantee that the Test Results will be fully accurate or free from error. By using the Services, you recognize and accept that various factors may lead to inaccuracies, including the possibility of “false-positive” or “false-negative” outcomes. If you have any questions or concerns regarding your Test Results, you should seek the advice of a qualified healthcare professional.
2. No Relationship: Using our Services does not create a doctor-patient relationship. Rythm Health does not provide diagnoses, treatment plans, or medical opinions.
3. Medical Guidance: Always seek advice from a qualified healthcare professional for specific medical questions or treatment decisions. We do not guarantee any particular outcome from following suggestions related to supplements, foods, or health tools.
8. Account Registration & Responsibilities
1. Accuracy: You must provide accurate, up-to-date information (name, address, payment details) during registration and maintain its accuracy.
2. Security: You are responsible for safeguarding your password and account. Any actions under your credentials will be attributed to you.
3. Multiple Accounts: Do not create more than one account without explicit permission, and do not impersonate others.
9. User Obligations & Prohibited Activities
You agree to:
Use our Services lawfully, for your personal, non-commercial use.
Follow instructions for sample collection, packaging, and shipping.
Respect the rights and privacy of other users and third parties.
You must not:
Violate any law or regulation.
You must not introduce viruses, trojans, worms, logic bombs, or any other material that is malicious or technologically harmful into the Services.
Attempt to gain (or assist others in gaining) unauthorized access to any part of the Services, servers, or networks, including any other user accounts.
Attempt to bypass, disable, or otherwise interfere with any security-related features or authentication measures implemented by the Services.
Harvest, collect, or store personal information about other users without their explicit permission or in violation of applicable data protection regulations.
Use bots, scrapers, or other automated means to access or collect information from the Services in a way that violates these Terms or applicable laws.
You must not take any action that could unreasonably burden our network or servers, or otherwise interfere with the normal operation of the Services or user experience.
Copy, modify, distribute, sell, reverse engineer, decompile, or disassemble any part of the Services or related software, except where applicable law explicitly permits it.
Provide false or misleading information.
Infringe or misuse Rythm Health’s or any third party’s intellectual property.
Resell, reproduce, or exploit any part of the Services without prior written consent.
10. Mobile Services and Software
10.1 Mobile Services
The Services include certain services that are available via a mobile device, including (a) the ability to upload content to the Services via a mobile device, (b) the ability to browse the Services from a mobile device, and (c) the ability to access certain features and content through the Apps (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
10.2 Telephonic Communications Services
By using the Services and providing us with your telephone number(s), you are consenting to be contacted by us or our affiliates or their partners by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational, or another purpose, even if your telephone number(s) is registered on the National Do Not Call List, a state Do Not Call List, or the internal Do Not Call List of Rythm Health or our affiliates or their partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts or other telephonic communications. You do not have to consent to receive calls or text messages from Rythm Health or our affiliates or their partners for marketing or solicitation purposes to purchase Rythm Health’s products or services. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify Rythm Health or our affiliates or their partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your Rythm Health account information to ensure that your messages are not sent to a person that acquires your old telephone number.
There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.
By reply to any text, SMS, or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS, or MMS messages from us, you agree to receive a final message from us confirming your cancellation.
10.3 App License
Subject to these Terms, Rythm Health hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the App on one mobile device and (b) use the App for your own personal use solely to access and use the Services. For clarity, the foregoing is not intended to prohibit you from installing the App on another device on which you also agreed to these Terms. Each instance of these Terms that you agree to in connection with downloading an App grants you the aforementioned rights in connection with the installation and use of the App on one device.
10.4 Ownership; Restrictions
The technology and software underlying the Services or distributed in connection therewith are the property of Rythm Health, our affiliates, and their licensors (including the Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, or sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Rythm Health.
10.5 Special Notice for International Use; Export Controls
Rythm Health is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws.
10.6 Third-Party Distribution Channels
Rythm Health offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel.
10.7 Apple-Enabled Software
With respect to Apps that are made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:
Rythm Health and you acknowledge that these Terms are concluded between Rythm Health and you only, and not with Apple Inc. (“Apple”), and that as between Rythm Health and Apple, Rythm Health, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the “Usage Rules” set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Rythm Health’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Rythm Health and you acknowledge that Rythm Health, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Rythm Health and Apple, Rythm Health, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to the contact information provided in Section 27 (“Contact Us”) below.
You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.
Rythm Health and you acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.
10.8 Google-Sourced Software
The following applies to any App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms are between you and Rythm Health only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Rythm Health, and not Google, is solely responsible for Rythm Health’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to Rythm Health’s Google-Sourced Software.
10.9 Use of AI Technology
You acknowledge and agree that the Services include and integrate with advanced technologies, such as artificial intelligence, machine learning systems and similar technology and features (collectively, “AI Technology”), which may be proprietary to Rythm Health or constitute Third-Party Services. Certain features of the Services permit you to submit queries and prompts, in response to which the AI Technology may generate and return to you output (“Output”). AI Technology is new and evolving. You acknowledge and agree that, in addition to the other limitations and restrictions set forth in these Terms:
Rythm Health bears no liability to you or anyone else arising from or relating to your use of the AI Technology and/or the Output;
The AI Technology is not approved, and should not be used, for the provision of medical services, psychological services or any other services which would be otherwise provided by a qualified healthcare professional. Output is for informational purposes only and is not a substitute for advice from a qualified health care professional. You should always seek the advice of a licensed health care professional with any questions you may have regarding medical or psychological conditions or treatments and before making any major health decisions. Never disregard professional medical or psychological advice or delay in seeking such advice because of the AI Technology or its Output;
You will use discretion and independent judgment before relying on or otherwise using Output, and you acknowledge that you are responsible for evaluating the accuracy of any Output as appropriate for your use; and AI Technology may result in incorrect, unreliable or offensive Output that does not represent the views of Rythm Health.
11. Pricing, Payments & Refunds
11.1 Prices & Taxes
Currency: All prices are in U.S. dollars unless stated otherwise.
Taxes & Fees: You are responsible for any applicable sales or use taxes and shipping/handling fees.
11.2 Payment Methods
Authorization: By providing a payment method (credit/debit card, etc.), you represent you have the authority to use it and authorize Rythm Health or its payment processors described below to charge it for purchases. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Rythm Health or its payment processors to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred.
Payment Processing: Notwithstanding any amounts owed to Rythm Health hereunder, RYTHM HEALTH DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Services via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the “Stripe Agreements”). By agreeing to these Terms, users that use the payment functions of the Services also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Services. Please contact Stripe for more information. Rythm Health assumes no liability or responsibility for any payments you make through the Service.
Failed Payments: We may cancel or suspend your order if payment cannot be processed.
11.3 Refund & Return Policy
Refer to Policy: See our Refund & Skip Policy at https://support.rythmhealth.com/en/articles/10377428-refund-skip-policy for eligibility, timelines, and potential fees (e.g., restocking or shipping).
Cancellations: You may cancel your subscription by following the steps in “Section 4: Cancellation & Refund Process” of our Refund & Skip Policy.
State Variations: Some states have consumer protection laws (e.g., mandatory cooling-off periods), and we comply where applicable.
12. Privacy & Data Security
12.1 Privacy Policy
Your personal and health-related information is governed by our [Privacy Policy], which explains how we collect, use, and protect your data. By using the Services, you consent to these practices.
12.2 HIPAA & State Privacy Laws
HIPAA: Labs may be subject to HIPAA. Rythm Health itself is not a Covered Entity under HIPAA.
State Laws: We aim to comply with applicable state privacy laws (e.g., CCPA). See our Privacy Policy for how to exercise any applicable rights.
12.3 Data Security Measures
Reasonable Safeguards: We maintain industry-standard measures to help protect your data. However, no system is fully secure, and breaches can occur despite our efforts.
Your Role: Use complex passwords, secure your devices, and promptly report any suspicious account activity to Rythm Health.
13. Intellectual Property
Rythm Content: All Site content, software, logos, text, images, and designs (“Rythm Content”) is owned or licensed by Rythm Health. You acknowledge and agree that the Rythm Content may be protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Rythm Health, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Rythm Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Services in accordance with these Terms. Any use of the Services or the Rythm Content other than as specifically authorized herein is strictly prohibited.
Trademarks: Our name and logos are trademarks and service marks of Rythm Health (collectively the “Rythm Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Rythm Health. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Rythm Trademarks displayed on the Services without our prior written permission in each instance. All goodwill generated from the use of Rythm Trademarks will inure to our exclusive benefit.
Third-Party Materials: Under no circumstances will Rythm Health or our affiliates be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Rythm Health does not pre-screen content, but that Rythm Health and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Rythm Health and its designees will have the right to remove any content that violates these Terms or is deemed by Rythm Health, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Limited License: Rythm Health grants you a non-exclusive, revocable, non-transferable right to access our Site and Services for your personal use, subject to these Terms.
13.1 User Content & Feedback
User Content: If you submit reviews, comments, or other content (“User Content”), you grant Rythm Health and our affiliates a worldwide, royalty-free, irrevocable, perpetual license, sublicensable through multiple tiers, to use, reproduce, display, adapt, distribute, and otherwise use your User Content in any form (a) in connection with the operation of the Services; (b) to provide, develop and improve the Services and other offerings of Rythm Health and/or our affiliates; (c) for the promotion, advertising or marketing of the foregoing; and (d) as otherwise set forth in our Privacy Policy. You represent and warrant that you own all right, title, and interest in and to your User Content, including all copyrights and rights of publicity contained therein. You assume all risk associated with your User Content and the transmission of your User Content and you have sole responsibility for the accuracy, quality, legality, and appropriateness of your User Content. We reserve the right (but not the obligation) to remove or modify any user-posted content that violates these Terms or the law.
Waiver of Moral Rights: To the extent legally permissible, you irrevocably waive any moral rights, attribution or similar rights in your User Content.
Usage Data: You hereby authorize Rythm Health and our affiliates and our third-party service providers to collect and analyze User Content and other data and information relating to the Services and related systems and technologies and derive statistical and usage data relating thereto (collectively, “Usage Data”). Rythm Health and our affiliates may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.
Permitted Disclosures: You acknowledge and agree that Rythm Health may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable law, or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Rythm Health, its users, or the public. You understand that the technical processing and transmission of the Services, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
14. Disclaimer of Warranties
1. “AS IS” / “AS AVAILABLE”: YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. RYTHM HEALTH PROVIDES THE SERVICES “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT).
2. NO GUARANTEE: WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICES, NOR DO WE GUARANTEE THE ACCURACY OR COMPLETENESS OF LAB RESULTS OR OTHER CONTENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
3. NOT HEALTHCARE: WE DO NOT REPRESENT OR WARRANT, AND YOU ACKNOWLEDGE, THAT THE SERVICES AND ANY INSIGHTS PROVIDED BY THE SERVICES DO NOT CONSTITUTE PROFESSIONAL ADVICE, INCLUDING MEDICAL ADVICE. GENERAL ADVICE AND SUGGESTIONS (SUCH AS SUPPLEMENTS, ADDITIONAL TESTS, DISCOUNT CODES, FOODS, OR TOOLS) PRESENTED THROUGH THE SERVICES DO NOT GUARANTEE IMPROVEMENT IN ANY SPECIFIC BIOMARKER OR HEALTH OUTCOME. THEY ARE PURELY INFORMATIONAL AND MAY NOT WORK FOR YOUR PERSONAL SITUATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING THE GENERAL INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SERVICES. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION ARISES IN WHICH YOU REQUIRE MEDICAL ADVICE, YOU AGREE TO FOLLOW UP AND CONSULT WITH A QUALIFIED HEALTHCARE PROVIDER.
15. Evolution of Science & Forward-Looking Statements
Changing Science: Medical and scientific knowledge evolves. Today’s “normal” result may have different implications in the future.
No Guarantees: Any forward-looking statements (e.g., about biomarker stability or predictions) are speculative and not guaranteed.
User Acknowledgment: You assume the risk that new research or data may alter how your results are interpreted over time.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RYTHM HEALTH AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SERVICE PROVIDERS (INCLUDING LABS), LICENSORS, AND AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID RYTHM HEALTH IN THE LAST TWELVE (12) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
17. Indemnification
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Rythm Health, its affiliates and its and their respective officers, directors, employees, contractors, and agents (“Indemnitees”) from all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) (“Claims”) arising out of or related to your use of the Services, your User Content, your breach of these Terms or applicable law, or your violation of any third-party rights (including privacy, intellectual property, or publicity rights). Rythm Health will provide notice to you of any such claim. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting our defense of such matter. You may not settle or compromise any claim against any Indemnitee without our prior written consent.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES,” “LIMITATION OF LIABILITY” AND “INDEMNIFICATION” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
18. Termination
18.1 By You
You may stop using our Services at any time. To delete or deactivate your account, email [email protected].
18.2 By Us
You agree that Rythm Health, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including for lack of use or if Rythm Health believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. Rythm Health may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Rythm Health may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Rythm Health and it’s affiliates will not be liable to you or any third party for any termination of your access to the Services.
18.3 Effect & Survival
Upon termination, all licenses granted to you in these Terms end immediately. Any provisions regarding liability, indemnification, arbitration, intellectual property, or any terms that by their nature should survive will remain in effect.
19. Dispute Resolution & Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
19.1 Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles, unless your state’s laws require otherwise.
19.2 Mandatory Arbitration & Class Action Waiver
[Pre-Arbitration Dispute Resolution: Rythm Health is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Rythm Health should be sent to 2261 Market Street, Ste. 10490, San Francisco, CA 94105 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Rythm Health and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Rythm Health may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Rythm Health or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Rythm Health is entitled.]
Binding Arbitration: Except where prohibited by applicable law, you agree that any dispute arising under these Terms or concerning the Services or the relationship between us will be resolved through final and binding arbitration administered by a recognized provider (e.g., AAA, JAMS) under its consumer arbitration rules. You agree that, by entering into these Terms, you and Rythm Health are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury.
No Class/Collective Actions: YOU AND RYTHM HEALTH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, OR UNLESS BOTH YOU AND RYTHM HEALTH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
19.3 Mass Arbitration & Procedural Details
Mass Filings: If 25 or more similar arbitration demands are filed by or with the same counsel, Rythm Health may invoke batch or consolidated procedures consistent with the arbitration provider’s mass arbitration rules.
Fees: The arbitrator will have discretion to allocate arbitration fees. Rythm Health may pay certain fees for small claims, as required by consumer regulations.
19.4 Opt-Out Right
You can opt out of the arbitration agreement within 30 days of first using our Services by emailing [email protected]. Include your full legal name and the statement “I opt out of arbitration.”
19.5 Small Claims & Injunctive Relief
Notwithstanding the agreement to arbitrate set forth above, you or we may bring qualifying claims in small claims court. Any party may seek injunctive relief in a court of competent jurisdiction for issues involving intellectual property or confidentiality.
19.6 Enforcement & Severability
If any portion of this arbitration clause is deemed unenforceable, it shall be enforced to the maximum extent permissible, and the remainder shall remain in effect unless its invalidity undermines the entire arbitration provision.
20. Compliance with Laws & Export Controls
You agree to comply with all relevant U.S. laws, regulations, and export controls. You represent you are not located in or a citizen of any restricted or embargoed country.
21. Severability
If any term in these Terms is held invalid by a court of competent jurisdiction, that term shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
22. Entire Agreement & Waiver
These Terms (including the Privacy Policy, Refund Policy and any other policies referenced herein) form the entire agreement between you and Rythm Health regarding your use of the Services. No other oral or written statements modify this Agreement. Failure to enforce any provision of these Terms does not constitute a waiver of that provision unless stated in writing.
23. Periodic Review & Modifications
Rythm Health may amend these Terms from time to time to reflect changes in business practices, science, laws, or regulations. We will update the Effective Date and post revised Terms on the Site. You may read a current, effective copy of these Terms by visiting the “Terms of Service” link on the Site. We will also notify you of any material changes, either through the Services user interface, a pop-up notice, email, or through other reasonable means. Continuing to use the Services after an update indicates acceptance of the new Terms. You should periodically visit this page to review the current Terms so you are aware of any revisions. If you do not agree to abide by these or any future Terms, you will not access, browse, or use (or continue to access, browse, or use) the Services.
24. Referral Program Terms
If you participate in the Rythm Health Referral Program (the “Referral Program”), the following terms (“Referral Terms”) supplement these Terms:
24.1 Eligibility
You must have an active Rythm Health account and not be a licensed healthcare professional. If your account is suspended or terminated, referral benefits immediately cease.
24.2 Personal Referral Code
Code Distribution: You receive a unique referral code (“Referral Code”) to share directly and personally with your friends, family, or personal network.
Prohibited Conduct:
Do not publicly post your Referral Code on commercial coupon sites or spam third parties.
Comply with FTC guidelines, including disclosure of referral compensation (“I may get paid…”).
Do not pay or otherwise incentivize third parties to use your Referral Code, and do not present your code as a discount for clinical or medically necessary services.
24.3 Referral Fee
Amount: You may earn a $20 (“Referral Fee”) for each Qualifying Referral, defined as a new user who (a) has never before had a Rythm Health account, (b) uses your valid Referral Code at sign-up, (c) purchases a membership.
Payment: Referral Fees are typically issued after the 30-day mark. You are solely responsible for any taxes.
24.4 Limitations & Conditions
One Referral Fee per new user.
Rythm Health reserves the right to refuse a Referral Fee if it suspects fraudulent, deceptive, or unlawful activity or if you violate these Terms.
You will not be entitled to a Referral Fee if a Qualifying Referral cancels within 60 days or requests a refund.
24.5 Right to Modify or Terminate Referral Program
Rythm Health may modify, suspend, or end the Referral Program at any time for any reason, with or without notice.
If terminated, any valid Referral Fees accrued prior to termination may still be honored, at Rythm Health’s discretion.
25. Notice for California Users
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at [email protected]; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at the e-mail address and mailing address listed in Section 27 (“Contact Us”) below.
26. U.S. Government Restricted Rights
The Services are made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Services (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Services (including the Software).
27. Contact Us
For any questions, concerns, or feedback regarding these Terms or the Services, contact us at:
Email: [email protected]
Address: Rythm Health, Inc., 2261 Market Street, Ste. 10490, San Francisco, CA 94105
Website: www.rythmhealth.com
28. Acknowledgment
By using our Site or Services, you confirm that you have read and agree to these Terms in their entirety. All supplement, dietary, or lifestyle suggestions provided are purely informational and are not guaranteed to be effective or suitable for your individual needs. If you do not agree with any part of these Terms, please discontinue use immediately.
Thank you for using Rythm Health.