Terms of Service
Version 1.1 updated 09/09/2025
These Terms of Service (“Terms”) govern your access to and use of the our website, platform, and related services (collectively, the “Services”). AltusDX (“Company,” “we,” “us” or “our”) provides the Services to individual users (“you” or “Users”) in connection with one of our authorized business clients, such as a telehealth provider, physician clinic, wellness service, or other approved partner (each, a “Wellness Provider”).
We may update or modify these Terms from time to time. Any changes will be effective upon posting the revised Terms on our website or through other appropriate means of communication. Your continued use of the Services after such changes constitutes your acceptance of the updated Terms.
Any disputes arising out of or relating to these Terms or your use of the Services will be resolved in accordance with the dispute resolution procedures set forth by us, which include mandatory arbitration, as described in the applicable section of these Terms.
1. Our Services
We provide technology, logistics, and data delivery services that support wellness testing, which may involve at-home or in-person sample collection. The Services may include sample collection kit fulfillment, appointment scheduling, registration and consent collection, laboratory routing, results processing, and secure delivery of results to you and your Wellness Provider.
We do not practice medicine, provide clinical care, or offer medical advice, diagnosis, or treatment. All laboratory testing is performed by independent CLIA-certified labs, and any medical review or oversight is solely provided by independent licensed physicians.
The information you receive through the Services is for wellness screening and informational purposes only and is not a substitute for professional medical advice. You should always consult your own physician or other qualified healthcare provider if you have questions about your health, medical conditions, or results.
As part of the Services, we may offer customer support through various channels, including user-initiated text messaging (SMS). SMS support is limited to non-clinical, operational assistance related to test kits (such as ordering, shipping, activation, or troubleshooting). Test results, medical advice, and clinical communications are not provided via SMS.
2. Service Eligibility & Registration
You may only use the Services if you meet the eligibility requirements for the applicable Service. Eligibility criteria apply to all Users of the Services and are outlined in detail in our Consent and Authorization for Services. In general, our services are intended for adults over the age of 18 who reside in states where the Services are available. Some services may not be available in the state of New York.
Registration is required for all Services. Use of the Services requires you to agree to these Terms, our Privacy Policy, and the Consent and Authorization for Services.
We may modify, reject, or cancel any order or registration if eligibility requirements are not met, or if doing so is necessary to comply with applicable law or protect the integrity of our Services.
3. User Responsibilities
When you access or use the Services, you agree to the following:
Provide Accurate Information – All information submitted during registration must be truthful, complete, and up to date. You agree not to impersonate someone else or misrepresent your identity.
Comply with Laws and Policies – You will use the Services only in accordance with these Terms, our Privacy Policy, our Consent and Authorization for Services, and all applicable federal, state, and local laws. You will not attempt to use the Services in any unlawful, fraudulent, or unauthorized manner, including but not limited to submitting false information, using someone else’s identity, or trying to access data or Services without proper authorization.
Proper Use of Services – You agree to follow all instructions provided with each Service, including specimen collection, handling, packaging, and shipping requirements. You understand that failing to follow these instructions could cause your sample to be rejected by the lab and may lead to delayed or invalid results.
Protect Your Access – When you create an account or view results online, you are responsible for keeping your login credentials confidential and for all activities conducted with your account. You agree to notify us promptly if you suspect unauthorized use of your account. ‘Unauthorized use’ includes accessing results or Services without permission, using another person’s account, or giving access to any third-party not explicitly authorized by us or by law.
Consultation with Healthcare Providers – You acknowledge that the Services are not a substitute for medical advice or treatment. You are solely responsible for seeking professional medical guidance about your results or any health concerns through your healthcare provider.
We reserve the right to suspend or terminate your access to the Services if you fail to comply with these terms and conditions.
4. Data Privacy
Your use of the Services is subject to our Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy provides detailed information on how we collect, use, share, and protect your personal information. By registering for Services, you acknowledge that you have reviewed and agreed to our Privacy Policy.
5. No Medical Advice
The Services and results provided by AltusDX are intended solely for screening and informational purposes.
We do not practice medicine, provide clinical care, or offer medical advice, diagnosis, or treatment. No physician-patient relationship is established between you and us by using the Services.
Results made available to you should not be interpreted as medical advice. You should not rely on the Services to make medical decisions.
Always consult your physician or another qualified healthcare provider with any questions about your health, medical conditions, or results. Never ignore professional medical advice or delay seeking care because of information obtained through the Services. You should consult a healthcare provider before taking any health-related action, and the Services do not replace regular medical check-ups.
6. Third Party Services
6.1 Independent Laboratories and Providers. All specimen testing related to the Services is conducted by independent CLIA-certified laboratories. Test authorization and clinical oversight are supplied by independent licensed physicians. These laboratories and providers operate under their own licenses and professional standards and are not our employees, agents, or representatives. We do not supervise or control their professional judgment, procedures, or advice, and are not responsible for the accuracy of laboratory results, the timeliness of testing, or the quality of any medical oversight services.
6.2 Third-Party Digital Health Platforms. For certain services, you may opt in to access your results on a third-party digital health platform. Third-party platforms are operated by independent companies and are not owned or controlled by us. Your use of the third-party platforms is governed by their terms of service and privacy policies, which are separate from these Terms. We are not responsible for third-party platform functionality, security, or availability, and disclaims any liability for its operator’s acts or omissions.
6.3 Fulfillment and Logistics Vendors. At-home collection kits are assembled, packaged, and shipped by independent fulfillment vendors that are FDA-registered facilities. These vendors are responsible for providing unique identifiers for each kit, managing the expiration dates of perishable components, and ensuring compliance with applicable shipping and labeling requirements. While we coordinate with these vendors, they are independent entities not controlled by us. We are not responsible for delays, losses, or damages caused by fulfillment vendors or shipping carriers once a kit has left their facilities.
6.4 Other Third-Party Services. The Services may connect to or integrate with websites, apps, or services operated by other third parties, including wellness apps, wearable device integrations, or health record platforms. We do not control these services, and do not endorse, guarantee, or assume responsibility for them. Using any third-party service is at your own risk and is subject to their separate terms and privacy policy.
6.5 Third-Party Services Disclaimer. We are not responsible for the acts, omissions, or quality of any third-party services, including but not limited to independent laboratories, digital health platforms, fulfillment vendors, or other integrated applications. We do not endorse, warrant, or guarantee the quality, accuracy, or reliability of any third-party service or its content. Any disputes, claims, or issues arising from your use of third-party services must be resolved directly with the relevant third-party. It is your responsibility to review and understand the terms of service and privacy policies of any third-party service before using or sharing your information with them.
7. Intellectual Property
7.1 Ownership of Services and Content. All rights, title, and interest in and to our website, platform, software, documentation, designs, workflows, algorithms, processes, templates, forms, databases, text, graphics, images, interfaces, and all other content and materials provided through the Services (collectively, “Our Materials”) are and will remain the exclusive property of our Company and its licensors. Our Materials are protected by United States and international intellectual property laws, including copyright, trademark, trade secret, and patent law. Unless explicitly stated in these Terms, no rights are granted to you in Our Materials.
7.2 License to Use Services; Permitted Uses. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use Our Materials solely for your own individual, non-commercial use in connection with a validly registered Service. This license is granted only for the purpose of using the Services as intended and does not permit any use outside the scope explicitly authorized by these Terms. We may update or modify the license terms from time to time and will provide advance notice to Users of any material changes. Continued use of the Services after such notice constitutes acceptance of the updated license terms.
Permitted uses under this license include: (a) accessing and using Our Materials for personal screening and informational purposes; (b) registering for Services and viewing results through the Services; and (c) sharing results with authorized third parties using features provided by the digital health platform.
Prohibited uses under this license include, but are not limited to: (i) copying, reproducing, modifying, adapting, translating, or creating derivative works of Our Materials; (ii) selling, reselling, distributing, sublicensing, leasing, or otherwise making Our Materials available to any third-party; (iii) reverse engineering, decompiling, disassembling, or attempting to extract the source code of the platform or software; (iv) using data mining, robots, or similar tools to access or scrape Our Materials; (v) removing, obscuring, or altering any proprietary rights notices; (vi) using Our Materials in any unlawful manner or in violation of these Terms; or (vii) using the Services for any commercial purpose or on behalf of any other person or entity except as expressly permitted by us in writing.
7.3 Trademarks. The names “AltusDX,” “AltusDX, LLC,” the AltusDX logos, and any related trade names, service marks, or trade dress (collectively, the “Marks”) are trademarks of AltusDX in the United States and other jurisdictions. You may not use the Marks in any way without our prior written consent. All other names, logos, and marks that appear in connection with the Services are the property of their respective owners and may not be used without their permission.
7.4 Third-Party Content. The Services may display or provide access to content, branding, or materials owned by your Wellness Provider or other third parties, including logos, trademarks, or text. All such content is the property of the respective owner. Your use of such content is limited to the personal and authorized purpose of using the Services.
7.5 User-Provided Data. You retain ownership of the personal information, registration details, and other data you submit when registering for Services (“User Data”). By submitting User Data, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, transmit, and process the User Data as necessary to provide the Services. If User Data includes PHI, such use is also governed by HIPAA and our Privacy Policy.
7.6 De-Identified and Usage Data. We may create and use de-identified data and aggregated usage data in accordance with HIPAA de-identification standards and applicable law. We own all rights, title, and interest in such de-identified and usage data and may use it for analytics, research, service improvement, and product development. We will not attempt to re-identify de-identified data.
7.7 Feedback and Submissions. If you provide us with comments, suggestions, ideas, improvements, or other feedback related to the Services (“Feedback”), you grant us an irrevocable, perpetual, worldwide, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and otherwise exploit the Feedback in any manner without restriction or compensation to you.
7.8 Reservation of Rights. All rights not expressly granted to you in these Terms are reserved by us and our licensors. Your license to use the Services automatically terminates if you fail to comply with these Terms. We may revoke or suspend your license at any time for violating these Terms or misusing the Services.
8. Disclaimers
8.1 General Disclaimer. The Services, results, and Our Materials are provided on an “as is,” “as available,” and “with all faults” basis. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to: (a) implied warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement; (b) warranties that the Services will be uninterrupted, timely, secure, or error-free; (c) warranties that any results obtained through the Services will be reliable or meet your expectations; and (d) warranties arising out of any course of dealing, usage, or trade practice. Nothing in these disclaimers limits or excludes liability for our intentional misconduct, fraud, or willful violation of law.
8.2 Wellness and Informational Use Only. The Services are intended solely for wellness screening and informational purposes. They are not intended for diagnosis, treatment, cure, mitigation, or disease prevention and should not be relied upon as medical advice. We do not provide medical care and do not create a doctor-patient relationship with you. You are solely responsible for consulting your doctor or another qualified healthcare provider about your results and any health decisions. Never ignore professional medical advice or delay seeking it because of information from the Services
8.3 Limitations of Test Results. Laboratory tests have inherent limitations, and their results can be affected by factors such as specimen collection, handling, timing, and other variables outside of our control. Some results may be indeterminate, inconclusive, invalid, or rejected. We do not guarantee that results will be error-free, conclusive, or appropriate for any specific purpose. You understand that laboratory testing carries risks of false positives, false negatives, and variable accuracy.
8.4 No Guarantee of Service Availability. We do not warrant that the Services or results will always be available, be uninterrupted, or be free from errors, viruses, or other harmful components. Access to the Services may be suspended, limited, or discontinued at any time for maintenance, upgrades, security, legal compliance, or other reasons. We will make commercially reasonable efforts to restore availability promptly, but we do not guarantee uptime or continuous access.
8.5 Third-Party Services. The Services may integrate with, rely on, or link to third-party services, including but not limited to your Wellness Provider, fulfillment vendors, laboratories, telehealth providers, shipping carriers, and digital health platforms. We do not endorse, warrant, or assume responsibility for: (a) the availability, accuracy, or reliability of third-party services; (b) the security or privacy practices of third parties; or (c) any actions, omissions, or failures of third parties. Your use of third-party services is at your own risk and is governed by their separate terms and policies.
8.6 Jurisdictional Variations. Some jurisdictions do not permit the exclusion of certain warranties. If any exclusion in this Section is prohibited by applicable law, it will not apply to you. In that case, our warranties will be limited to the minimum required by law. Statutory consumer protection rights, including those provided under applicable federal and state law, remain unaffected by these disclaimers and continue to apply in full.
9. Limitation of Liability
9.1 Exclusion of Indirect and Consequential Damages. To the maximum extent allowed by law, we and our affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers (collectively, the “AltusDX Parties”) will not be liable to you or any third-party for any indirect, incidental, special, consequential, exemplary, or punitive damages. This exclusion applies to damages for, without limitation, lost profits, loss of revenue, loss of goodwill, loss of data, business interruption, loss of anticipated savings, loss of opportunity, personal injury, emotional distress, reputational harm, or the cost of substitute goods or services, even if the AltusDX Parties were advised of the possibility of such damages.
9.2 Limit on Direct Damages. To the maximum extent allowed by law, the total cumulative liability of the AltusDX Parties for all claims arising out of or relating to the Services, results, or these Terms will not exceed the greater of: (a) the amount you paid directly for the Services that gave rise to the claim, or (b) one hundred U.S. dollars (US $100). This limit applies regardless of the legal theory of liability, whether based on contract, tort, negligence, strict liability, statute, or other grounds.
9.3 No Liability for Third Parties. We are not responsible for, and disclaim all liability arising from, the acts, omissions, errors, or failures of independent third parties involved in delivering the Services.
9.4 No Liability for Results or Reliance. We make no guarantees about the accuracy, completeness, timeliness, or reliability of laboratory results or other information provided through the Services. You understand and agree that: (a) results may be inconclusive, invalid, or rejected; (b) testing may produce false positives or false negatives; and (c) you should not rely solely on results from the Services to make medical, diagnostic, or treatment decisions. You assume all responsibility for your reliance on results and for consulting appropriate healthcare providers.
9.5 Force Majeure. The AltusDX Parties are not liable for any failure or delay in performance caused by circumstances beyond their reasonable control, including but not limited to natural disasters, public health emergencies, epidemics, acts of government, labor disputes, cyberattacks, internet or telecommunications failures, power outages, third-party service interruptions, or other force majeure events.
9.6 Exclusions from Limitations. Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. To the extent any jurisdiction prohibits limitations of certain types of damages, the liability of the AltusDX Parties will be limited to the minimum extent required by law.
9.7 Independent Allocation of Risk. You acknowledge and agree that the disclaimers, exclusions, and limitations of liability outlined in these Terms are a crucial part of the agreement between you and us. Without these limitations, we would not be able to offer the Services to you under the same terms.
10. Indemnification
10.1 Your Obligations. You agree to indemnify, defend, and hold harmless the AltusDX Parties from and against any and all claims, actions, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
your use of the Services, or results in a manner not permitted by these Terms;
your violation of these Terms, the Privacy Policy, or applicable law;
your submission of false, misleading, or incomplete information during use of the Services;
your decision to rely on results without consulting a qualified healthcare provider; or
any misuse of your account credentials or failure to safeguard access to your results.
10.2 Third-Party Claims. This indemnification extends to claims brought by third parties, including but not limited to (a) laboratories, or healthcare providers alleging harm caused by your actions; (b) other individuals claiming misuse of their personal information or test results due to your actions; and (c) regulatory authorities or government agencies investigating or enforcing violations of law related to your use of the Services.
10.3 Procedure. We will promptly notify you of any claim subject to indemnification. You will take control of the defense and settlement of such claim, provided that we may participate with our own counsel at our own expense. You may not settle any claim in a way that creates obligations for or admits fault by any AltusDX Party without prior written consent from us.
10.4 Survival. Your indemnification obligations under this Section will survive the termination or expiration of these Terms and your use of the Services.
11. Dispute Resolution & Governing Law
11.1 Good Faith Resolution. If you have a dispute or claim related to the Services, results, or these Terms, you agree to first contact us at the address provided below and attempt to resolve the matter informally. We both agree to make good faith efforts to resolve any dispute promptly.
11.2 Mandatory Arbitration. If the dispute cannot be resolved informally, it will be finally and exclusively settled through binding arbitration administered by the American Arbitration Association (“AAA”) under its current Consumer Arbitration Rules. Arbitration will take place in Boulder County, Colorado, before a single arbitrator. The arbitrator will have the authority to grant any relief that a court of competent jurisdiction could award, consistent with the limitations of these Terms. Judgment on the award may be entered in any court with proper jurisdiction.
11.3 Individual Claims Only. Disputes will be settled on an individual basis only. You and AltusDX agree that each of you can only bring claims against the other in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator cannot consolidate more than one person’s claims or oversee any form of class or representative action.
11.4 Small Claims Exception. Notwithstanding the arbitration requirement, either party may bring an individual claim in small claims court in Boulder County, Colorado, if the claim is within that court’s jurisdiction.
11.5 Costs and Fees. Each party is responsible for its own attorneys’ fees and costs. Arbitration fees will be allocated according to AAA rules, except that we may agree to pay certain consumer filing fees where legally required.
11.6 Governing Law. These Terms, the arbitration agreement, and any dispute or claim between you and us are governed by the laws of the State of Colorado, without regard to its conflict of law rules. You agree to the exclusive jurisdiction of arbitration in Boulder County, Colorado, and to the jurisdiction of Colorado small claims courts for matters expressly permitted above.
12. Modifications
We reserve the right to update, revise, or otherwise modify these Terms at any time, in our sole discretion. Modifications may be made to reflect changes in our Services, business practices, legal or regulatory requirements, or other reasons.
If material changes are made to these Terms, we will provide notice by posting the updated Terms on the website and updating the “Last Updated” date at the top of the Terms. In certain cases, we may also provide additional notice (such as by email or a notice at the time of registration).
Your continued use of the Services after the updated Terms are posted constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must discontinue use of the Services.
Any modification to the arbitration provisions in Section 11 will not apply to disputes that arose before the “Last Updated” date of the modification unless you expressly agree in writing.
13. Miscellaneous
13.1 Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding your use of the Services and supersede any prior or contemporaneous agreements, communications, or understandings.
13.2 No Waiver. Any failure by us to enforce a provision of these Terms does not waive our right to enforce that provision or any other provision at a later time.
13.3 Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
13.4 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights or obligations without restriction, including in connection with a merger, acquisition, or sale of assets.
13.5 No Third-Party Beneficiaries. These Terms are for the benefit of you and us only. No third-party has any rights to enforce these Terms.
13.6 Headings. Headings are provided for convenience only and have no legal or contractual effect.
14. Contact Information
If you have any questions, concerns, or complaints regarding these Terms, the Services, you may contact us using the information below:
AltusDX, LLC
1312 17th Street, Suite #759
Denver, CO 80202
Email: [email protected]
Our mission is to help elevate health
by empowering passionate wellness
organizations with advanced testing
and digital health solutions.
© 2026 AltusDX. All rights reserved.
AltusDX is a healthcare technology and service facilitator. We are not a clinical laboratory, medical provider, or telehealth practice. All laboratory testing is performed by independent CLIA-certified laboratories, and any clinical review, oversight, or telehealth services are provided solely by independent licensed professionals. AltusDX does not provide medical advice, diagnosis, or treatment. The information and services we provide are for operational and wellness-related informational purposes only and are not a substitute for professional medical care or advice. Any medical questions should be directed to a qualified healthcare provider.
Our mission is to help elevate health by empowering passionate wellness organizations with advanced testing and digital health solutions.
© 2026 AltusDX. All rights reserved.
AltusDX is a healthcare technology and service facilitator. We are not a clinical laboratory, medical provider, or telehealth practice. All laboratory testing is performed by independent CLIA-certified laboratories, and any clinical review, oversight, or telehealth services are provided solely by independent licensed professionals. AltusDX does not provide medical advice, diagnosis, or treatment. The information and services we provide are for operational and wellness-related informational purposes only and are not a substitute for professional medical care or advice. Any medical questions should be directed to a qualified healthcare provider.