Rythm Health, Inc.
Terms of Service
(For U.S. Residents Only)
Effective Date: January 1, 2025
Welcome to Rythm Health, Inc. (“Rythm Health,” “we,” “us,” or “our”). By accessing www.rythmhealth.com (the “Site”), purchasing any products, or using any related services (collectively, the “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
“Rythm Health,” “we,” “us,” “our”: Rythm Health, Inc., including its employees, officers, directors, agents, contractors, affiliates, subsidiaries, successors, and assigns.
“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, and any subscription-based offerings.
“Site”: www.rythmhealth.com, including any subdomains, mobile applications, or related sites that link to these Terms.
“Labs”: Third-party laboratories, not owned or controlled by Rythm Health, that analyze specimen samples.
“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 23 under which existing Users can earn referral fees for referring new customers who purchase Rythm Health Services.
2. Acceptance & Scope
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
Age: You must be 18 years of age or older to use our Site or Services.
Residency: You represent and warrant that you reside within the United States (including D.C.).
Legal Capacity: You confirm you have the legal capacity to enter into these Terms.
Minors: We do not knowingly collect data from or provide test kits to minors. If we learn that a user under 18 is accessing our Services, we may delete their data and terminate Services in accordance with applicable law.
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.
Shipping: You bear responsibility for shipping your sample promptly. Delays or mishandling in shipping may affect test viability.
4.2 Third-Party Laboratories
Independent Entities: We partner with accredited laboratories (under CLIA and applicable state regulations), but these Labs remain fully independent of Rythm Health.
No Control: We are not liable for any Lab’s procedural errors, shipping problems, test accuracy issues, or other conduct. Any claims regarding lab processes should be directed to that Lab.
4.3 Result Delivery & Interpretation
Notification: We will notify you when 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 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. No Medical Advice or Doctor-Patient Relationship
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.
No Relationship: Using our Services does not create a doctor-patient relationship. Rythm Health does not provide diagnoses, treatment plans, or medical opinions.
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.
6. Account Registration & Responsibilities
Accuracy: You must provide accurate, up-to-date information (name, address, payment details) during registration and maintain its accuracy.
Security: You are responsible for safeguarding your password and account. Any actions under your credentials will be attributed to you.
Multiple Accounts: Do not create more than one account without explicit permission, and do not impersonate others.
7. 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.
Attempt to gain (or assist others in gaining) unauthorized access to any part of our Services, servers, or networks, including any other user accounts.
Attempt to bypass, disable, or otherwise interfere with any security-related features or authentication measures.
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 our 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 third parties’ intellectual property.
Resell, reproduce, or exploit any part of the Services without prior written consent.
8. Pricing, Payments & Refunds
8.1 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.
8.2 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 to charge it for purchases.
Failed Payments: We may cancel or suspend your order if payment cannot be processed.
8.3 Refund & Return Policy
Refer to Policy: See www.rythmhealth.com/refund for eligibility, timelines, and potential fees (e.g., restocking or shipping).
State Variations: Some states have consumer protection laws (e.g., mandatory cooling-off periods), and we comply where applicable.
9. Psychological & Emotional Readiness
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 learning your lab results.
10. Privacy & Data Security
10.1 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.
10.2 HIPAA & State Privacy Laws
HIPAA: Partner Labs and certain clinicians may be subject to HIPAA. Rythm Health itself may or may not be a covered entity under HIPAA.
State Laws: We aim to comply with state privacy laws (e.g., CCPA). See our Privacy Policy for how to exercise any applicable rights.
10.3 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.
11. Intellectual Property
11.1 Ownership & License
Rythm Content: All Site content, software, logos, text, images, and designs (“Rythm Content”) is owned or licensed by Rythm Health. It is protected by intellectual property laws.
Limited License: Rythm Health grants you a non-exclusive, revocable, non-transferable license to access our Site and Services for your personal use, subject to these Terms.
11.2 User Content & Feedback
User Content: If you submit reviews, comments, or other content (“User Content”), you grant Rythm Health a worldwide, royalty-free, irrevocable, perpetual license to use, reproduce, display, adapt, and distribute it in any media.
Waiver of Moral Rights: To the extent legally permissible, you waive any moral rights or similar rights in your submitted content.
12. Disclaimer of Warranties
“As Is” / “As Available”: Rythm Health provides the Site and Services “as is,” without warranties of any kind, whether express or implied (including merchantability, fitness for a particular purpose, non-infringement).
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.
Not Healthcare: We specifically disclaim providing any medical advice. Suggestions (such as supplements, additional tests, discount codes, foods, or tools) do not guarantee improvement in any specific biomarker or health outcome. They are purely informational and may not work for your personal situation.
13. 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.
14. Limitation of Liability
14.1 Indirect Damages
To the fullest extent allowed by law, Rythm Health is not liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits or emotional distress.
14.2 Liability Cap
Cap: Our maximum aggregate liability for any claim is limited to the greater of (a) the total amount you paid to Rythm Health in the 12 months preceding the event, or (b) $100.
14.3 State Law Variations
Some states disallow certain liability limitations. If those laws apply to you, our liability is limited to the fullest extent permissible in your jurisdiction.
15. Indemnification
You agree to defend, indemnify, and hold harmless Rythm Health, its officers, employees, contractors, and agents from all claims, demands, losses, liabilities, or expenses (including attorneys’ fees) arising out of or related to:
Your breach of these Terms or applicable law.
Your misuse of our Site or Services.
Your violation of any third-party rights (including privacy, intellectual property, or publicity).
16. User Content, Reviews & Third-Party Links
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.
Third-Party Links: Our Site may link to external websites that are not controlled by Rythm Health. We are not responsible for their content, policies, or actions.
17. Termination
17.1 By You
You may stop using our Services at any time. To delete or deactivate your account, email [email protected].
17.2 By Us
We may suspend or terminate your account if you violate these Terms or engage in unlawful, fraudulent, or abusive behavior. We will attempt to notify you unless legally restricted.
17.3 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.
18. Dispute Resolution & Arbitration
18.1 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.
18.2 Mandatory Arbitration & Class Action Waiver
Binding Arbitration: Except where prohibited, any dispute arising under these Terms or concerning the Services will be resolved through final and binding arbitration administered by a recognized provider (e.g., AAA, JAMS) under its consumer arbitration rules.
No Class/Collective Actions: You agree to pursue any dispute individually and waive any right to participate in a class or representative action.
18.3 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.
18.4 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.”
18.5 Small Claims & Injunctive Relief
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.
18.6 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.
19. 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.
20. 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.
21. Entire Agreement & Waiver
These Terms (plus referenced policies like the Privacy Policy and Refund Policy) form the entire agreement between you and Rythm Health regarding your use of the Site and 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.
22. 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. Continuing to use the Services after an update indicates acceptance of the new Terms.
23. Referral Program Terms
If you participate in the Rythm Health Referral Program (the “Referral Program”), the following terms (“Referral Terms”) supplement these Terms:
23.1 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.
23.2 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.
23.3 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.
23.4 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.
23.5 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.
24. 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
25. 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.