Terms of service

TERMS OF SERVICE

Spark Diagnostics LLC d/b/a SparkDX

Effective Date: {DATE}

Welcome to SparkDX, a brand operated by Spark Diagnostics LLC, a Texas limited liability company ("SparkDX," "Company," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and SparkDX governing your access to and use of the SparkDX website located at www.sparkdx.com, our mobile application (the "SparkDX App"), our (collectively, the "Services").

By creating an account, purchasing a product, downloading or using the mobile application, or otherwise accessing any part of the Services, you represent that you: (i) are at least 18 years of age; (ii) have the legal capacity to enter into a binding agreement; (iii) are accessing the Services from the United States; and (iv) agree to comply with and be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using the Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms, and the term 'you' shall refer to that entity.

IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY SPARKDX SERVICE. The Terms are subject to change at any time, effective upon notice to you.

BY CLICKING THE "I AGREE" BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO www.sparkdx.com. SPARKDX RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THE TERMS AT SPARKDX’s SOLE AND EXCLUSIVE DISCRETION. YOUR CONTINUED USE OF ANY PART OF THIS WEBSITE OR ANY SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO

These terms of use apply to your use of www.sparkdx.com and the SparkDX App, and our Services as defined herein.

The following are the products and services offered by SparkDX through its website and mobile application (“Services”)

3.1          Wellness Testing Products

SparkDX offers the following at-home wellness testing products for United States consumers:

•       Cortisol Test (Saliva): Measures morning and evening salivary cortisol levels in nanograms per milliliter (ng/mL) to provide insights into stress hormone patterns and diurnal cortisol rhythm.

•       Nitric Oxide Plus Test (Saliva): Measures nitric oxide activity, salivary pH, and uric acid levels to provide insights into cardiovascular wellness, metabolic balance, and antioxidant status.

•       Ketone Plus Test (Urine): Measures ketone levels, urine pH, and hydration (specific gravity) to provide insights into metabolic fat-burning state and fluid balance.

•       General Wellness Panel (Urine): A comprehensive 12-biomarker panel measuring ketones, pH, hydration (specific gravity), sodium, oxidative stress (MDA), protein, magnesium, calcium, leukocytes, microalbumin, vitamin C, and creatinine to provide a broad snapshot of metabolic wellness.

3.2          Mobile Application

The SparkDX mobile application is designed to integrate with our at-home wellness testing products for direct-to-consumer use. The app enables you to capture test results, receive automated wellness insights reports, track trends over time, and access general wellness recommendations. The app is available for download on compatible iOS and Android devices.

3.3          AI-Generated Insights Reports

Our Services include AI-generated health and wellness insights reports delivered through the mobile application and via email. These reports are automatically generated based on your inputs and test results and are intended to provide general wellness education and lifestyle guidance only. These reports are not clinical interpretations and are not a substitute for evaluation by a licensed healthcare provider. AI-generated content may not always be accurate, complete, or applicable to your individual circumstances.

3.4          Subscription Services

SparkDX may offer subscription-based access to products, testing supplies, and premium app features. Subscription terms, including pricing, frequency, and cancellation procedures, are disclosed at the time of purchase.

4.1          Not a Medical Device; Not FDA-Approved for Diagnostic Use

SparkDX products are general wellness monitoring tools intended for informational and educational purposes only.

You acknowledge and agree that SparkDX products and Services:

•       Are not represented by SparkDX as Food and Drug Administration (FDA)-approved, FDA-cleared, or FDA-authorized medical devices for diagnosing, treating, curing, mitigating, preventing, or monitoring disease;

•       Are not intended to replace laboratory testing ordered or interpreted by a licensed healthcare provider;

•       Are not intended for clinical decision-making, medication management, or treatment planning; and

•       Have not been validated as equivalent to clinical laboratory testing subject to Clinical Laboratory Improvement Amendments (CLIA) certification requirements.

4.2          General Wellness Purposes Only

All results, scores, insights, recommendations, and AI-generated reports produced by our Services are provided solely for general wellness education and motivational purposes. Test results and wellness scores do not constitute medical diagnoses, medical opinions, or clinical interpretations of your health status. Results may be influenced by numerous variables including but not limited to food intake, hydration status, physical activity, medications, supplements, time of sample collection, sample quality, and environmental factors.

4.3          No Doctor-Patient Relationship

Your use of the Services does not create a physician-patient, therapist-patient, counselor-client, or any other healthcare provider relationship between you and SparkDX, its officers, employees, contractors, or any AI system used to generate insights. SparkDX is not a licensed healthcare provider, medical practice, clinical laboratory, or health plan.

4.4          Seek Professional Medical Advice

ALWAYS consult a qualified, licensed healthcare provider (including a physician, nurse practitioner, or other appropriate clinician) before making any changes to your diet, exercise routine, medication regimen, or supplement use based on information derived from our Services. Do not delay seeking professional medical attention or disregard professional medical advice because of anything you read, see, or receive through our Services.

4.5          Emergency Situations

IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY OR GO TO THE NEAREST EMERGENCY ROOM. DO NOT USE SPARKDX PRODUCTS OR SERVICES TO ADDRESS EMERGENCY HEALTH CONDITIONS.

4.6          Specific Product Disclaimers

Leukocyte and Nitrite Testing (General Wellness Panel): The presence of leukocytes or nitrites in urine is a wellness screening signal only and does not constitute a diagnosis of urinary tract infection (UTI) or any other medical condition. A positive result requires evaluation by a licensed healthcare provider.

Cortisol Testing: Salivary cortisol measurements obtained through at-home testing are not equivalent to clinical serum or 24-hour urine cortisol testing. Results should not be used to diagnose adrenal disorders, Cushing syndrome, Addison's disease, or any other endocrine condition.

Nitric Oxide Testing: Results are qualitative estimates and may be influenced by recent dietary intake, oral health status, and timing of the test. Results do not diagnose cardiovascular disease or endothelial dysfunction.

Ketone Testing: Individuals with diabetes (Type 1 or Type 2), or other metabolic conditions should not use ketone test results to make clinical decisions without consulting their healthcare provider. Elevated ketones in the context of diabetes may indicate diabetic ketoacidosis (DKA), a potentially life-threatening emergency requiring immediate medical evaluation.

4.7          No Prohibited Representations; No Commercialization of Investigational Use

You agree not to use the Services in any manner that would cause SparkDX to make, publish, or disseminate prohibited representations regarding the regulatory status, safety, or effectiveness of any product or feature.

Without limiting the foregoing, to the extent any product, feature, or functionality is offered for evaluation, beta testing, or other investigational purposes, you agree that you will not represent (and you will not encourage others to represent) that such investigational item is safe or effective for the purposes for which it is being evaluated, and you will comply with any labeling and use restrictions communicated by SparkDX.

5.1          Eligibility

The Services are intended for use by individuals who are: (i) 18 years of age or older; (ii) residing in the United States; and (iii) not prohibited from using the Services under applicable federal, state, or local law. We do not knowingly provide Services to minors under the age of 18.

5.2          Account Registration

To access certain features of the Services, you must create a user account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to keep it accurate. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

5.3          Account Security

You agree to notify us immediately at legal@sparkdx.com of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with this section.

6.1          License Grant

Subject to your compliance with these Terms, SparkDX grants you a limited, non-exclusive, non-transferable, revocable license to download and use the SparkDX mobile application on a device you own or control, solely for your personal, non-commercial use in connection with the Services.

6.2          App Updates

We may from time to time issue updates to the mobile application. Such updates may be required to continue using the app and accessing your results. You agree to install updates promptly. Continued use of the app after an update constitutes acceptance of the updated version.

6.3          Third-Party Platforms

The app is distributed through third-party app stores (e.g., Apple App Store, Google Play Store). Your use of those platforms is governed by their respective terms of service, which are independent of these Terms. We are not responsible for the practices of third-party app store operators.

6.4          Permissions

The app may request access to your device's camera (for test capture), storage, notifications, and other device features. You may grant or deny these permissions through your device settings; however, denying certain permissions may limit app functionality.

7.1          Nature of AI-Generated Content

Our Services use artificial intelligence and machine learning technologies to generate personalized wellness insights, action plans, and reports based on your test results. You acknowledge and agree that:

•       AI-generated insights are probabilistic in nature and may contain errors, omissions, or inaccuracies.

•       AI systems do not possess medical judgment, clinical training, or the ability to account for your full medical history, concurrent medications, or individual health circumstances.

•       AI-generated recommendations are generalized and should be treated as educational wellness information only, not personalized medical advice.

•       The accuracy and completeness of AI-generated content depends in part on the quality and accuracy of data you provide.

7.2          Email Delivery of Reports

By using our Services, you consent to receive AI-generated wellness reports via email. You are responsible for maintaining the security and confidentiality of your email and devices used to access your email. We are not responsible for unauthorized access to reports delivered to your email address.

You acknowledge that email may present privacy and security risks (including unauthorized access by persons with access to your email account or device), and you agree that you are solely responsible for configuring your email and device settings to protect the confidentiality of reports delivered to your email address

7.3          Limitations

SparkDX does not warrant that AI-generated insights will be accurate, complete, timely, or suitable for any particular purpose. We reserve the right to modify, suspend, or discontinue AI-generated features at any time without notice.

8.1          Order Acceptance

All orders placed through the SparkDX website or app are subject to acceptance by SparkDX. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, including but not limited to suspected fraud, product availability, or errors in pricing or product descriptions. You will be notified if your order is refused or cancelled.

8.2          Pricing

All prices are displayed in U.S. dollars. Prices are subject to change without notice. Applicable taxes will be added at checkout based on your shipping address. Shipping costs are displayed prior to order completion.

8.3          Payment

We accept major credit cards and other payment methods as displayed at checkout. Payment processing is handled by third-party payment processors. By providing payment information, you represent that you are authorized to use the selected payment method. We do not store full payment card numbers on our servers.

8.4          Subscriptions and Recurring Billing

If you enroll in a subscription plan, you authorize us to charge the applicable subscription fees on a recurring basis (monthly, quarterly, or annually, as selected) using the payment method on file, until you cancel. Subscription fees are charged in advance of each billing period. Renewal charges will occur automatically unless you cancel at least 24 hours before the end of the current billing period.

We reserve the right to change subscription pricing with reasonable advance notice. Continued use of your subscription after a price change takes effect constitutes acceptance of the new price.

Subscription fees that have been charged for an upcoming billing period are generally non-refundable, except as expressly stated in our Refund & Returns Policy or as required by applicable law.

8.5          Refunds and Returns

Our Refund & Returns Policy, available on our website, governs all returns, exchanges, and refund requests and is incorporated into these Terms by reference. Opened or used test kits may not be eligible for return due to health and safety considerations. Digital content and AI-generated reports are non-refundable once delivered.

You agree that you will NOT use the Services to:

•       Engage in any activity that violates any applicable federal, state, local, or international law or regulation.

•       Use, reproduce, distribute, modify, or create derivative works from any SparkDX content, including AI-generated reports, without prior written permission.

•       Use the Services for any commercial purpose, including resale of test results or reports, without prior written authorization.

•       Attempt to reverse engineer, decompile, disassemble, or extract source code from the mobile application or any component of the Services.

•       Introduce viruses, malware, or other harmful code into the Services or attempt to gain unauthorized access to any system, server, or network connected to the Services.

•       Impersonate any person or entity or misrepresent your affiliation with any person or entity.

•       Collect or harvest any personally identifiable information from the Services without authorization.

•       Use automated bots, scrapers, or other tools to access or interact with the Services in a non-human manner.

•       Share your account credentials with third parties or allow others to use your account.

•       Use the Services to make medical or clinical decisions without consultation with a licensed healthcare provider.

•       Use the Services to make representations that any SparkDX product, report, score, or output is FDA-approved, FDA-cleared, or FDA-authorized for diagnostic use, or otherwise make medical claims about SparkDX products.

•       Submit, upload, transmit, or otherwise provide any individually identifiable health information of another person without valid authorization or other lawful permission.

10.1       SparkDX Intellectual Property

All content, features, and functionality of the Services, including but not limited to: text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, mobile applications, AI algorithms and models, wellness scoring methodologies, test interpretation frameworks, report templates, and AI-generated insights (collectively, "SparkDX IP") are the exclusive property of Spark Diagnostics LLC or its licensors and are protected by United States and international intellectual property laws, including copyright, trademark, patent, and trade secret laws.

10.2       Trademarks

"SparkDX," "Spark Diagnostics," and associated logos and product names are trademarks or service marks of Spark Diagnostics LLC. You may not use these marks without prior written consent.

10.3       Limited License to You

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Services and to view and download SparkDX content solely for your personal, non-commercial wellness use. This license does not include the right to: modify or create derivative works; commercially exploit any content; remove any proprietary notices; or redistribute any content to third parties.

10.4       Your Content

By submitting content to us (including test photos, account information, or feedback), you grant us a worldwide, royalty-free, non-exclusive license to use, process, store, and display such content solely to provide and improve the Services. You retain ownership of any content you submit.

10.5       AI Output

AI-generated insights and reports produced by our Services based on your test data are provided to you for your personal wellness use. You acknowledge that similar or identical outputs may be generated for other users and that our AI systems and outputs remain our intellectual property.

11.1       Privacy Policy Incorporated

Your privacy is important to us. Our Privacy Policy (incorporated by reference) describes how we collect, use, disclose, and protect personal information and wellness-related data in connection with the Services.

11.2       HIPAA Scope; No Assumption of Covered Entity Status.

Certain federal privacy requirements may apply to "covered entities," including certain health care providers that transmit health information in electronic form in connection with covered transactions, as well as health plans and health care clearinghouses.

SparkDX does not, by these Terms, represent or warrant that it is (or is not) a covered entity or business associate for any particular purpose; however, SparkDX will implement and maintain privacy and security practices designed to protect the confidentiality of user data consistent with applicable law.

11.3       Safeguards.

To the extent SparkDX is subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy requirements for any data or activity, SparkDX will maintain appropriate administrative, technical, and physical safeguards to protect the privacy of protected health information.

11.4       Authorizations and Permitted Disclosures.

To the extent HIPAA applies, disclosures of protected health information generally require authorization unless an exception applies. To the extent permitted by applicable law, SparkDX may use or disclose information as necessary for payment-related purposes and other permitted operational purposes described in the Privacy Policy.

11.5       Federal Preemption; More Stringent State Privacy Laws.

Where HIPAA applies, HIPAA and its implementing standards generally supersede contrary state law, except where state law relates to the privacy of individually identifiable health information and is more stringent than HIPAA's requirements.

SparkDX will comply with applicable federal law and, where applicable, any non-preempted, more stringent state privacy requirements.

11.6       Enforcement; No Private Right Created.

You acknowledge that HIPAA provides for civil and criminal penalties for improper handling or disclosure of individually identifiable health information, and that enforcement actions are pursued by the Secretary of the U.S. Department of Health and Human Services rather than private individuals.

Nothing in these Terms is intended to create, and these Terms do not create, any private right of action under HIPAA.

11.7       User Responsibilities Regarding Data You Submit.

You represent and warrant that any information you submit through the Services is submitted voluntarily and that you have the legal right to submit it.

You agree not to submit another person's individually identifiable health information through the Services unless you have obtained all authorizations and consents required by applicable law.

The Services may contain links to third-party websites, applications, or services. These links are provided for your convenience only. We do not endorse, control, or assume responsibility for the content, privacy practices, or terms of any third-party services. Your interactions with third-party services are governed by their respective terms and privacy policies.

Our Services may integrate with third-party platforms for payment processing, analytics, email delivery, cloud storage, and app distribution. These third parties have their own independent privacy policies. We are not responsible for the privacy or security practices of third-party service providers beyond the requirements set forth in our contractual agreements with them.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPARKDX EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

•       IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

•       WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

•       WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY TEST RESULTS, AI-GENERATED INSIGHTS, WELLNESS SCORES, OR RECOMMENDATIONS.

•       WARRANTIES THAT AI-GENERATED CONTENT IS MEDICALLY ACCURATE OR APPROPRIATE FOR YOUR INDIVIDUAL HEALTH CIRCUMSTANCES.

•       WARRANTIES THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.

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

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPARKDX, SPARK DIAGNOSTICS LLC, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, LICENSEES, WEB HOSTING SERVICES AND ASSIGNS BE LIABLE FOR ANY:

•       DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES.

•       LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES.

•       PERSONAL INJURY, PROPERTY DAMAGE, OR HEALTH-RELATED HARM ARISING FROM RELIANCE ON WELLNESS TEST RESULTS, AI-GENERATED INSIGHTS, OR RECOMMENDATIONS.

•       DAMAGES ARISING FROM YOUR FAILURE TO SEEK OR FOLLOW QUALIFIED PROFESSIONAL MEDICAL ADVICE.

•       DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR WELLNESS DATA.

•       DAMAGES RESULTING FROM ERRORS OR INACCURACIES IN AI-GENERATED REPORTS.

IN ALL CASES, SPARKDX'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT YOU PAID TO SPARKDX IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (II) ONE HUNDRED DOLLARS ($100.00). THE LIMITATIONS IN THIS SECTION APPLY EVEN IF SPARKDX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT FULLY APPLY TO YOU.

You agree to defend, indemnify, and hold harmless Spark Diagnostics LLC, SparkDX, and their respective officers, directors, members, employees, contractors, agents, affiliates, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way related to:

•       Your use of or inability to use the Services.

•       Your violation of these Terms.

•       Your violation of any third-party rights, including intellectual property rights or privacy rights.

•       Any medical decision you make (or fail to make) based on SparkDX test results or AI-generated insights without appropriate professional medical consultation.

•       Any content you submit, transmit, or make available through the Services.

•       Your violation of any applicable law or regulation.

We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us.

16.1       Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact us at legal@sparkdx.com and provide a written description of the dispute, the amount at issue, and the relief requested. We will attempt to resolve the dispute through good-faith informal negotiation for at least 30 days.

16.2       Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES INDIVIDUAL ARBITRATION OF DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or SparkDX products — including questions of arbitrability — shall be finally resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in Dallas County, Texas, or, if you prefer, by telephone or video conference. The arbitrator's award shall be final and binding, subject only to judicial review as permitted by applicable law.

16.3       Class Action Waiver

YOU AND SPARKDX EACH AGREE THAT ALL CLAIMS AND DISPUTES WILL BE BROUGHT AND RESOLVED SOLELY ON AN INDIVIDUAL BASIS, AND NOT IN ANY PURPORTED CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND SPARKDX WAIVE ANY RIGHT TO A JURY TRIAL.

16.4       Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, including claims for intellectual property infringement. You may also bring qualifying claims in small claims court.

16.5       Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law principles, except to the extent federal law applies.

16.6       Venue

To the extent any court proceeding is permitted under these Terms, you consent to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas.

16.7       Time Limitation

Any claim or cause of action arising out of or relating to these Terms or the Services must be brought within one (1) year after the claim or cause of action arises, or it will be permanently barred.

17.1       Termination by You

You may terminate your account at any time by contacting us at legal@sparkdx.com or through the account settings in the mobile application. Termination does not entitle you to a refund of any prepaid subscription fees, except as expressly required by applicable law.

17.2       Termination by SparkDX

We reserve the right to suspend or terminate your access to the Services at any time, with or without cause or notice, including for: violation of these Terms; suspected fraudulent, abusive, or illegal activity; extended periods of inactivity; or discontinuation of the Services.

17.3       Effect of Termination

Upon termination, your license to use the Services immediately terminates, and you must cease all use. Sections 3, 9, 10, 12, 13, 14, 15, 16.3, and 20 shall survive termination of these Terms.

We reserve the right to modify, update, or discontinue any aspect of the Services at any time without liability. We also reserve the right to amend these Terms at any time. When we make material changes, we will notify you by: (i) posting the revised Terms on our website with a new effective date; (ii) sending an email notification to the address associated with your account; and/or (iii) displaying a notice in the mobile application.

Your continued use of the Services following the posting of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must discontinue use of the Services and may request account deletion.

SparkDX is committed to providing an accessible experience for all users. If you experience barriers in accessing any aspect of our Services, please contact us at legal@sparkdx.com and we will make reasonable efforts to assist you.

By creating an account and using the Services, you consent to receive electronic communications from us, including: transactional emails related to your account, orders, and test results; AI-generated wellness reports by email; operational notices regarding the Services; and, where you have opted in, marketing and promotional communications. You may opt out of marketing communications at any time by clicking the unsubscribe link in any promotional email or by contacting us at privacy@sparkdx.com. Opting out of marketing communications does not affect delivery of transactional or operational messages.

21.1       Entire Agreement

These Terms, together with the Privacy Policy and Cookie Policy (each incorporated by reference), constitute the entire agreement between you and SparkDX with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

21.2       Severability

If any provision of these Terms is found to be unenforceable, invalid, or illegal, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable, consistent with the parties' original intent.

21.3       Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of SparkDX.

21.4       Assignment

You may not assign these Terms or any rights or obligations hereunder without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of our assets.

21.5       Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, government actions, labor disputes, internet service outages, or cyberattacks.

21.6       No Third-Party Beneficiaries

These Terms do not confer any rights or remedies upon any third party.

21.7       Language

These Terms are drafted in English. Any translation is provided for convenience only. In the event of any inconsistency between the English version and any translated version, the English version shall control.

21.8       California Consumer Rights

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and other California statutes. Please refer to our Privacy Policy for details on how to exercise those rights.

21.9       Construction to Comply with Applicable Federal Law

These Terms shall be interpreted and enforced to the maximum extent permissible in a manner consistent with applicable federal law governing privacy and the handling of individually identifiable health information, including HIPAA where applicable

If you have questions, concerns, or complaints regarding these Terms or the Services, please contact us:

 

Spark Diagnostics LLC d/b/a SparkDX

1820 N Glenville Drive, Suite 108, Richardson, TX 75081

Legal Inquiries: legal@sparkdx.com

Privacy Inquiries: privacy@sparkdx.com

Website: www.sparkdx.com