Membership terms of service

This Terms of Service Agreement ("Terms," together with any Supplemental Terms, the "Agreement") is a binding agreement between you and Insyght Health LLC ("Insyght," "we," "us," or "our") governing your access to and use of the Insyght platform, including our website(s), mobile application(s), and any products, services, and content available through them (collectively, the "Services").

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, THAT YOU ARE AT LEAST 18 YEARS OLD AND HAVE THE LEGAL CAPACITY TO ENTER INTO IT, AND THAT YOU ARE NOT BARRED FROM USING THE SERVICES UNDER APPLICABLE LAW. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SERVICES.

IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE SERVICES ARE NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.

YOUR MEMBERSHIP RENEWS AUTOMATICALLY. YOUR PAYMENT METHOD WILL BE CHARGED AT REGULAR INTERVALS UNTIL YOU CANCEL AS DESCRIBED IN SECTION 15.

SECTION 20 CONTAINS AN AGREEMENT TO RESOLVE DISPUTES BY BINDING, INDIVIDUAL ARBITRATION AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 20.10. PLEASE READ SECTION 20 CAREFULLY.

1. Eligibility

You must be at least 18 years old, reside in a jurisdiction where the Services are legally offered, and have the legal capacity to enter into this Agreement. You may not use the Services on behalf of another person or entity without that party's permission.

2. What the membership is

2.1 The Membership. For the fee described in Section 13, Insyght provides you with (a) access to the Insyght technology platform (the "Platform"), (b) coordination of biomarker laboratory testing ordered on your behalf as described in Section 7, (c) generation of health scores that compare your results to evidence-based reference ranges, and (d) reports interpreting those results (together, the "Membership").

2.2 What the Membership Is Not. Insyght is a technology and reporting company, not a medical provider, pharmacy, or insurer. The Membership Fee does not pay for a medical consultation, a diagnosis, a prescription, or any medication. Insyght does not practice medicine and does not employ, direct, or supervise the physicians who evaluate you or order your testing.

2.3 Application License. Subject to your compliance with this Agreement, Insyght grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the Application on a single device you own or control, solely for your own personal, non-commercial use.

3. Communications

By using the Services, you agree to receive communications from us, including emails, push notifications, and text messages, which may include informational, transactional, operational, and customer service communications concerning your account, testing, appointments, or billing. You agree that text messages may be sent using automated technology, and that message and data rates may apply. Consent to receive promotional text messages is not required as a condition of purchase. To opt out of promotional emails, use the unsubscribe link in the email. To opt out of text messages, reply STOP. Opting out of text messages may impact your use of the Services (for example, appointment reminders).

4. Your account

4.1 Registration. To access certain features, you must register an account and provide true, accurate, current, and complete information, and keep it updated. You are responsible for all activity under your account, may not share your account credentials, and must notify Insyght immediately of any unauthorized use.

4.2 Conduct Restrictions. You will not, and will not permit any third party to: (a) sell, rent, lease, or commercially exploit the Services; (b) reverse engineer, decompile, or create derivative works of the Services; (c) use automated tools to scrape or extract data from the Services; (d) remove proprietary notices; (e) impersonate any person or entity; (f) interfere with the proper functioning of the Services, including by introducing malicious code; or (g) post or transmit unlawful, harassing, or fraudulent content. Any unauthorized use terminates the license granted to you under this Agreement.

5. Program and wellness partners

5.1 Independent Relationship. The Services may be made available to you through a gym, medical spa, health-coaching program, or other business that has entered into a separate agreement with Insyght to offer the Membership to its own clients or customers (a "Program Partner"). Program Partners are independent third parties and are not employees, agents, or representatives of Insyght. Insyght does not control, supervise, or direct the activities, advice, or conduct of any Program Partner.

5.2 No Endorsement; No Liability. Insyght does not recommend, endorse, or guarantee any Program Partner or its advice, services, or products, and is not responsible or liable for any acts, omissions, or misconduct of a Program Partner, or for any harm arising from your reliance on a Program Partner's advice, services, or products. Any dispute with a Program Partner is between you and that Program Partner.

5.3 Scope of Practice. Program Partners are not licensed healthcare providers (unless separately identified as such) and do not provide medical care, diagnosis, or treatment through the Services. Coaching, wellness guidance, or similar services a Program Partner provides are not a substitute for care from a licensed physician.

5.4 Sharing Your Data with a Program Partner. If you enroll in the Membership through a Program Partner, you agree that Insyght may share limited information about your enrollment and program status with that Program Partner as necessary for it to deliver its own program to you, consistent with Insyght's Privacy Policy. Insyght does not share your detailed lab results or clinical information with a Program Partner beyond what is necessary for that purpose. You are not required to authorize any broader sharing of your health information with a Program Partner, and any such broader authorization is a separate, voluntary choice.

6. Telehealth and lab testing services

6.1 No Provider Relationship with Insyght. YOU ACKNOWLEDGE THAT INSYGHT IS NOT A HEALTHCARE PROVIDER AND THAT USING THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT OR OTHER PROVIDER-PATIENT RELATIONSHIP WITH INSYGHT. Any such relationship is formed with the independent, licensed telehealth medical group described below.

6.2 The Telehealth Provider. Insyght operates the technology platform through which you may connect with independent, licensed healthcare professionals engaged by an independent telehealth medical group (the "Telehealth Provider") to receive telehealth services and, where appropriate, laboratory testing (collectively, "Healthcare Services"). Insyght does not render Healthcare Services; all Healthcare Services are provided by the Telehealth Provider and its clinicians, exercising independent professional judgment. Insyght does not control, and disclaims any warranty as to, the quality, accuracy, or appropriateness of Healthcare Services. You may report complaints about care received to the professional licensing board in the state where care was provided.

6.3 No Medical Advice from Insyght. OTHER THAN COMMUNICATIONS YOU RECEIVE DIRECTLY FROM THE TELEHEALTH PROVIDER, THE SERVICES DO NOT OFFER MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. HEALTH SCORES, REPORTS, AND OTHER CONTENT ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR A QUALIFIED HEALTHCARE PROFESSIONAL. NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE BECAUSE OF SOMETHING YOU READ THROUGH THE SERVICES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911. IF YOU ARE HAVING SUICIDAL THOUGHTS, CALL OR TEXT 988.

6.4 Geographic Limitations. Telehealth Services and any associated testing are subject to applicable state and federal law and may not be available in all jurisdictions. You represent that you are physically located in a jurisdiction where the Healthcare Services you request are legally available. Insyght may restrict or suspend access in any jurisdiction at any time to comply with law.

6.5 Not a Substitute for Primary Care. Healthcare Services are not intended to replace your relationship with your primary care provider. You are solely responsible for follow-up care with your own physician.

6.6 Telehealth Consent. Before receiving any Healthcare Service, you must accept the Telehealth Provider's telehealth informed consent. You agree that Insyght is a third-party beneficiary of that consent and may enforce it against you.

6.7 Cancellation of a Scheduled Consultation. You may cancel a scheduled telehealth consultation at any time before it is scheduled to occur for a full refund of any associated consult fee. Once a consultation has occurred, or if you fail to attend a scheduled consultation, the associated fee is non-refundable.

7. Physician-ordered testing

If, based on its own independent clinical judgment, the Telehealth Provider orders laboratory testing for you, that order is the Telehealth Provider's clinical decision, not Insyght's. You will separately review and accept a Consent to Physician-Ordered Testing before any test is drawn or run. Lab testing is not comprehensive and may not detect or rule out every condition relevant to you. Some testing involves a blood draw, which carries risks including bruising, lightheadedness, fainting, infection, or excessive bleeding; discuss any specific concerns with the collecting lab or the Telehealth Provider before your draw.

8. Not covered by insurance

The Membership, and any consultation, testing, or medication you obtain in connection with it, are not covered by health insurance, Medicare, Medicaid, or any other government health care program. Neither Insyght nor the Telehealth Provider will submit a claim to, or seek reimbursement from, any such payor on your behalf, and by using the Services you represent that you will not submit these charges for such reimbursement yourself. This does not restrict (a) paying directly with an HSA or FSA debit card where Insyght accepts one, or (b) your own submission to your HSA or FSA administrator for reimbursement of amounts that separately qualify as eligible expenses under applicable law. Insyght's acceptance of an HSA or FSA card is not a determination that any Service qualifies as an eligible expense, and you are solely responsible for that determination and any resulting tax consequences.

9. Exercise caution using the services

Your results and any personalized insights may contain distressing or life-altering information; consult a qualified healthcare professional with any questions or concerns. Results and insights are based on the information you provide and may not be complete or accurate, and neither Insyght nor the Telehealth Provider can verify the accuracy of information you submit. Use discretion in sharing your results, if you share them with a healthcare provider, they may become part of your medical record and potentially accessible to insurers or other providers as permitted by law.

10. AI-generated insights

If the Platform provides any AI-generated insight or chatbot feature, you acknowledge that: it is not a human and not a substitute for professional medical advice; you should not share sensitive health information with an AI chatbot or ask it for medical advice; generative AI can produce inaccurate or fabricated ("hallucinated") responses; any AI-generated insight is a supplement to, not a replacement for, your own judgment and a qualified clinician's evaluation; and no AI tool used in the Services is a medical device cleared or approved by the FDA for any diagnostic or therapeutic purpose. If you are experiencing a mental health crisis or suicidal thoughts, do not rely on an AI feature, call or text 988, call 911, or go to the nearest emergency room.

11. Product orders

11.1 Prescription Products. Certain products ("Products") require a valid prescription from the Telehealth Provider following an evaluation. You will not receive a Product unless the Telehealth Provider determines it is appropriate and issues a prescription. Products are shipped and fulfilled by third-party pharmacies.

11.2 Compounded and Investigational Products. Certain Products, including compounded medications and peptides, are prepared by licensed compounding pharmacies and are not FDA-approved. Their long-term safety and efficacy may not be established by large-scale clinical trials. You acknowledge and accept the risks of compounded and non-FDA-approved products and agree to discuss them with the Telehealth Provider before use.

11.3 Drug Interactions. Neither Insyght nor any tool in the Services is designed to identify all potential drug interactions, allergies, or contraindications. You are solely responsible for disclosing your complete medical history and current medications to the Telehealth Provider.

11.4 Pregnancy and Reproductive Health. Certain Products may not be appropriate if you are pregnant, breastfeeding, or trying to conceive. You must inform the Telehealth Provider if any of these apply to you before using any Product.

11.5 Orders, Returns, and Resale. A Product order is an offer to purchase, and Insyght's confirmation of receipt is not acceptance, an order is accepted only once shipped. Orders are final sale; once placed, fees are non-refundable except where an order is rejected by Insyght or denied by the Telehealth Provider. Resale of Products for profit is strictly prohibited.

12. Your health data and HIPAA

Insyght is the Telehealth Provider's "business associate" under HIPAA, under a written Business Associate Agreement between Insyght and the Telehealth Provider. This means HIPAA does apply to how the Telehealth Provider's protected health information is handled between Insyght and the Telehealth Provider, unlike arrangements where the platform operator is not a business associate. For a full description of your HIPAA rights, see the Telehealth Provider's Notice of Privacy Practices and Insyght's related notice, each provided to you separately.

Information you provide that is not protected health information (such as your name and contact details) is used as described in our Privacy Policy. De-identified information, and any information Insyght uses to develop or improve its scoring methodology consistent with the limits described in Insyght's Consumer Health Data Privacy Policy and its business associate obligations, is not treated as protected health information.

13. Fees and billing

13.1 Membership Fee. The Membership Fee is $199 per year in most states. Memberships in New York and New Jersey are billed at the regional price shown at enrollment. The fee is billed on the cadence disclosed at enrollment. Insyght may change the Membership Fee prospectively on notice as described in Section 22.5.

13.2 What the Fee Does Not Include. The Membership Fee does not include the Telehealth Provider's consult fee or the cost of any prescribed medication. Section 14 and the Financial Disclosure describe those charges and who bills them.

13.3 Payment Authorization. You must provide valid payment information. By doing so, you authorize Insyght to charge your payment method for all fees due, without further notice or consent, and to use a third-party payment processor to do so. You agree to keep your payment information current.

13.4 Auto-Renewal. Unless you cancel as described in Section 15, your Membership renews automatically at the end of each enrollment period at Insyght's then-current price, and your payment method will be charged accordingly.

13.5 Promotional Offers. Insyght may offer discounts or promotions from time to time; any additional terms presented at sign-up form part of this Agreement. Unless stated otherwise, paid discount offers are non-refundable.

14. How billing works across providers

Your Membership involves payments to more than one party. This section summarizes that; the Financial Disclosure you receive at enrollment describes it in full.

• The Membership Fee ($199 in most states) is paid to Insyght, for platform access, lab coordination, scoring, and reporting.
• If the Telehealth Provider evaluates you, its consult fee is billed separately. Insyght may collect this fee on the Telehealth Provider's behalf as a billing convenience, but the fee belongs to, and is passed through in full to, the Telehealth Provider, Insyght retains no portion of it.
• If the Telehealth Provider prescribes medication, that medication is a separate transaction billed directly by the pharmacy, at the pharmacy's own price.

15. Cancellation and refunds

You may cancel your Membership at any time through your account settings or by contacting customerservice@insyghthealth.com. Cancellation takes effect at the end of your then-current enrollment period and stops future renewal charges. Membership Fees already charged are non-refundable except as required by law or as described in these Terms. If Insyght approves a change to your membership region before your included draw for the current period is used, any regional price difference is charged or refunded. Cancelling your Membership does not cancel any independent relationship you have with the Telehealth Provider or a pharmacy.

16. Ownership

16.1 The Services. Insyght and its licensors own all right, title, and interest in the Services, including the Platform, its scoring methodology, and all content, other than information you provide about yourself.

16.2 Feedback. If you submit ideas, suggestions, or feedback about the Services, Insyght may use them without restriction or compensation to you.

17. Third-party services and app stores

The Services may link to third-party websites or contain third-party advertisements, which Insyght does not control and is not responsible for. Use of third-party services is at your own risk and governed by their own terms.

18. Disclaimers and limitation of liability

18.1 As Is. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND HEALTHCARE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." INSYGHT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INSYGHT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY HEALTH SCORE OR REPORT IS ACCURATE OR APPROPRIATE FOR YOUR CIRCUMSTANCES.

18.2 No Liability for Third Parties. Insyght is not liable for the conduct of the Telehealth Provider, any Program Partner, any pharmacy, or any other third party, and the risk of relying on any of them rests with you.

18.3 Exclusion of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, INSYGHT WILL NOT BE LIABLE FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION DOES NOT APPLY TO DEATH OR PERSONAL INJURY CAUSED BY INSYGHT'S NEGLIGENCE, OR TO INSYGHT'S FRAUD OR FRAUDULENT MISREPRESENTATION.

18.4 Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, INSYGHT'S TOTAL LIABILITY TO YOU WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO INSYGHT IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100. THIS CAP DOES NOT APPLY TO DEATH OR PERSONAL INJURY CAUSED BY INSYGHT'S NEGLIGENCE, OR TO INSYGHT'S FRAUD OR FRAUDULENT MISREPRESENTATION. SOME JURISDICTIONS DO NOT ALLOW THESE EXCLUSIONS OR LIMITATIONS, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.

19. Indemnification

You agree to indemnify, defend, and hold harmless Insyght, the Telehealth Provider, and their respective affiliates, officers, employees, and agents from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: your use or misuse of the Services; your violation of this Agreement; false or misleading information you provide; or your violation of applicable law. This does not require you to indemnify Insyght for Insyght's own unconscionable commercial practice, fraud, or misrepresentation.

20. Arbitration agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

20.1 Applicability. You and Insyght agree that any dispute arising out of or relating to this Agreement or the Services (a "Dispute") will be resolved by binding arbitration, except that either party may bring a qualifying claim in small claims court, or seek injunctive relief in court for intellectual property infringement.

20.2 Informal Resolution First. Before starting arbitration, you and Insyght agree to try to resolve the Dispute informally by sending written notice to the other party, including the claimant's contact information and a description of the Dispute. Either party may request a telephone conference to discuss resolution. This informal process lasts 45 days and is a precondition to starting arbitration; the statute of limitations is tolled during this period.

20.3 Waiver of Jury Trial. YOU AND INSYGHT WAIVE ANY RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY, except as provided in Section 20.1.

20.4 Class Action Waiver. YOU AND INSYGHT MAY BRING CLAIMS AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS, NOT AS PART OF A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. If a final, non-appealable decision holds this waiver unenforceable as to a particular claim, that claim (and only that claim) will be severed and may be litigated in court as described in Section 20.9; all other Disputes remain subject to arbitration.

20.5 Rules and Forum. Arbitration will be administered by the American Arbitration Association (AAA) under its consumer arbitration rules then in effect. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Unless otherwise agreed, arbitration will be conducted in the county where you reside.

20.6 Batch Arbitration. If 25 or more similar arbitration demands are filed against Insyght by or with the assistance of the same law firm or group within a 90-day period, the arbitration provider may administer them in batches, with one arbitrator and one set of filing and administrative fees per batch, to increase efficiency for all parties. This provision does not create or authorize a class or representative arbitration.

20.7 Arbitrator's Authority. The arbitrator has exclusive authority to resolve any Dispute, including questions about the scope or enforceability of this arbitration agreement, except that challenges to the Class Action Waiver in Section 20.4 will be decided by a court, not the arbitrator. The arbitrator's award is final and binding, and judgment may be entered on it in any court of competent jurisdiction.

20.8 Fees. Each party bears its own attorneys' fees and costs in arbitration, unless the arbitrator finds a claim was frivolous or brought for an improper purpose, in which case the arbitrator may award fees and costs to the other party.

20.9 Governing Law and Venue. This Agreement and any arbitration under it are governed by the laws of the State of Florida, consistent with the Federal Arbitration Act. Any Dispute not subject to arbitration will be litigated exclusively in the state or federal courts located in Palm Beach County, Florida.

20.10 Your Right to Opt Out. You may opt out of this arbitration agreement by sending written notice, including your name, address, and the email associated with your account, to customerservice@insyghthealth.com (Attn: Arbitration Opt-Out), or by mail to Insyght Health LLC, 3801 PGA Blvd, Palm Beach Gardens, FL 33410 within 30 days of first becoming subject to this Agreement. If you opt out, the rest of this Agreement still applies to you.

21. Term and termination

21.1 Term. This Agreement begins when you accept it and continues while you use the Services, unless terminated as described below.

21.2 Termination by Insyght. Insyght may suspend or terminate your access immediately if you materially breach this Agreement, or if required by law. Insyght may also terminate this Agreement without cause on notice to you.

21.3 If Your Enrollment Came Through a Program Partner. If the agreement between Insyght and the Program Partner through which you enrolled terminates or expires, you will have 90 days from that event to complete any testing already ordered and receive your results, and to complete any Product order already prescribed, after which active Membership services will end. You will keep read-only access to your released results, orders, and receipts, and you may still export your data or request corrections, as described in our Privacy Policy.

21.4 Termination by You. You may terminate this Agreement by closing your account, subject to Section 15.

21.5 Effect of Termination. On termination, your right to use active Services ends. When your Membership ends, you keep read-only access to your released records, orders, and receipts, and you may still export your data or request corrections. Closing your account does not by itself delete your records. Eligible data is deleted when you request deletion, or when its retention period ends, subject to Insyght's data retention obligations described in its Privacy Policy. Provisions that by their nature should survive, including ownership, disclaimers, limitations of liability, and dispute resolution, survive termination.

22. General provisions

22.1 Electronic Communications; E-Sign. You consent to receive communications, notices, and disclosures from Insyght electronically, and agree that electronic communications satisfy any legal requirement that they be in writing, consistent with the Electronic Signatures in Global and National Commerce Act.

22.2 Assignment. You may not assign this Agreement without Insyght's written consent. Insyght may assign this Agreement without your consent, including in connection with a merger, acquisition, or sale of assets.

22.3 Force Majeure. Insyght is not liable for delay or failure to perform caused by events outside its reasonable control, including natural disasters, war, terrorism, pandemics, or infrastructure failures.

22.4 California Consumer Complaints. Under California Civil Code Section 1789.3, California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.

22.5 Changes to This Agreement. Insyght may update this Agreement from time to time. If we make a material change, we will notify you (for example, by email or in-app notice) before it takes effect. Continued use after a change takes effect is acceptance of the updated Agreement. If you do not agree to a change, you must stop using the Services.

22.6 Notice. You are responsible for providing Insyght a valid, current email address. If an email Insyght sends you is undeliverable, it still constitutes effective notice.

22.7 Waiver; Severability. A failure to enforce any provision is not a waiver of it. If any part of this Agreement is held invalid, it will be construed to reflect the parties' original intent as nearly as possible, and the rest of the Agreement remains in effect.

22.8 Export Control. You may not use or export the Services in violation of U.S. export control laws, including exporting to any embargoed country or any person on a U.S. government restricted-party list.

22.9 International Users. The Services are controlled and offered from the United States. Insyght makes no representation that the Services are appropriate for use in other locations, and anyone accessing them from outside the U.S. does so at their own risk and is responsible for compliance with local law.

22.10 Entire Agreement. This Agreement is the entire agreement between you and Insyght regarding the Services and supersedes all prior discussions on that subject.

23. Contact us

For questions about this Agreement or the Services, contact: Insyght Health LLC, 3801 PGA Blvd, Palm Beach Gardens, FL 33410. Email: customerservice@insyghthealth.com. Phone: (561) 337-5208.