Further Health

Terms of Service

Terms of Service.

Version 6 · Effective 2026-06-13

Terms of Service

Important — read these highlights first

  • Further Health is a general-wellness and educational tool. It is not a medical device. It does not diagnose, treat, mitigate, prevent, or cure any disease or medical condition, and it does not deliver individualized medical, prescribing, or clinical advice. See Section 4 (Medical Disclaimer) and Section 5 (Assumption of Risk).
  • Do not use the Service in a medical emergency. If you believe you may be experiencing a medical emergency, call your local emergency number (in the United States, 911) or go to the nearest emergency department.
  • These Terms include a binding individual arbitration clause, a class-action waiver, and a jury-trial waiver in Section 22. You may opt out of arbitration within thirty (30) days of first accepting these Terms by following the procedure in Section 22.6.
  • The Service is intended only for adults aged eighteen (18) or older.
  • These Terms include disclaimers of warranties (Section 16), a limitation of liability with a cap (Section 17), and an indemnification obligation (Section 18).

Effective date: June 13, 2026. This document is the binding Terms of Service. The plain-English highlights above are provided for convenience only.

Table of contents

Definitions

Throughout these Terms the following capitalized terms have the meanings given below. Other capitalized terms are defined where first used.

  • "Account" means the registered user account you create to access the Service.
  • "Beta Features" means features of the Service identified as "beta," "preview," "early access," or similar.
  • "Connected Service" means a third-party service (such as WHOOP, Oura, or Apple Health) that you authorize to exchange data with, or whose exported file you import into, the Service.
  • "Content" means any text, data, file, image, observation, summary, score, or other material made available through the Service.
  • "Documentation" means the in-product help, support articles, and developer materials that we publish for the Service.
  • "Further Health," "we," "us," or "our" means Further Health LLC, the operator of the Service.
  • "Premium AI Analysis" means the optional, paid feature in which, at your request, a pseudonymized subset of your data is sent to a cloud large-language-model sub-processor to generate wellness observations, as further described in Section 6.6 and in the Privacy Policy.
  • "Privacy Policy" means our privacy notice published at further.health/privacy and incorporated into these Terms by reference.
  • "Service" means the Site, the Further Health application (macOS, iOS, web, or otherwise), and any associated APIs, content, and services we make available.
  • "Site" means our website at further.health.
  • "Sub-processor" means a service provider that processes personal data on Further Health's behalf, as listed in our Privacy Policy.
  • "Terms" means these Terms of Service.
  • "Wellness Disclaimer" means the gating consent you accept on first use and the full companion Wellness Disclaimer published at further.health/disclaimer.
  • "Your Content" means data, files, and other materials that you upload, sync, import, or otherwise provide to the Service.
  • "You" or "your" means the natural person who has accepted these Terms.

1. Agreement and acceptance

These Terms of Service ("Terms") form a binding contract between you ("you") and Further Health ("Further Health," "we," "us," or "our") governing your access to and use of the website at further.health (the "Site"), the Further Health application, and any associated APIs, content, and services we make available (together, the "Service"). By creating an Account, clicking "I agree," accepting the Wellness Disclaimer, activating a subscription, or otherwise accessing or using the Service, you accept these Terms and the Wellness Disclaimer. If you do not agree, do not access or use the Service.

The collection and use of personal information through the Service is described in our Privacy Policy, which is incorporated into these Terms by reference. The wellness-tier nature of the Service is described in our Wellness Disclaimer, which is also incorporated by reference. In the event of a conflict between these Terms and the Wellness Disclaimer regarding the wellness-tier nature of the Service, the more protective and more conservative statement controls.

2. Eligibility (18+)

You must be at least eighteen (18) years old and have the legal capacity to enter into a contract in your jurisdiction. The Service is not directed to children, and we do not knowingly collect information from anyone under 18. If we learn that we have collected personal information from a person under 18, we will delete it. If you are accepting these Terms on behalf of an organization, you represent that you have authority to do so and that the organization will be bound by these Terms; however, the Service is offered as a consumer product for personal, individual use only (see Section 3).

3. What the Service is — and is not

The Service is a privacy-first, local-first, general-wellness and educational tool that helps you organize your own health information — wearable metrics, lab results, genetic data, medical records, menstrual-cycle notes, and calendar context — observe patterns over time, view reference information, and prepare for conversations with your licensed healthcare provider.

The Service is positioned as a "general wellness" software function under the U.S. Food and Drug Administration's 2019 General Wellness guidance and as non-medical-device software under EU MDR (Regulation (EU) 2017/745), the UK MHRA framework, the Australian TGA framework, and comparable rules. Accordingly, the Service:

  • does not diagnose, treat, mitigate, prevent, or cure any disease or medical condition;
  • does not deliver individualized medical, prescribing, or clinical advice, and does not tell you to take, stop, or change any medication, supplement, dose, or treatment;
  • does not replace a clinician, a clinical evaluation, a clinical laboratory test, a clinical genetic test, or a clinical decision;
  • presents observations, patterns, trends, reference ranges, probabilities, summaries, and educational references — not diagnoses, recommendations, prescriptions, or instructions for action;
  • does not "screen for," "monitor for," or "detect" any disease or condition; and
  • is not intended for use in emergency or life-threatening situations.

Decisions about your health are yours and your licensed clinician's. The Service provides informational context for your own decisions and conversations with your clinician — it does not diagnose, and it is not a substitute for professional medical judgment.

3.1 AI and algorithmic outputs in the Service

The Service uses statistical, algorithmic, and machine-learning techniques — including, for the optional Premium AI Analysis feature, a third-party cloud large-language model — to organize the data you provide and to describe patterns, trends, probabilities, and educational references. These outputs are clearly identified within the Service as informational and, where applicable, as AI-generated. They are not clinical conclusions, they may be incomplete or contain errors, and they are not used to make any automated decision about you that produces legal or similarly significant effects. We contractually instruct our cloud AI sub-processor not to use the inputs we send to train any general-purpose foundation model, and we describe this further in Section 6.6 and in our Privacy Policy. You should always interpret algorithmic and AI outputs together with your licensed clinician.

4. Medical disclaimer — not a medical device

This Section 4 is a material part of these Terms. Read it carefully.

  • The Service is not a medical device and is not intended to be used as one. It is not a substitute for professional medical advice, diagnosis, or treatment. It is not a clinical laboratory, not a clinical genetic test, and not a clinical decision-support system intended for a healthcare professional.
  • No diagnosis or treatment. Nothing in the Service — no observation, trend, pattern, reference range, polygenic score, carrier or trait observation, cycle observation, peptide reference, AI narration, or other output — is a diagnosis, a treatment recommendation, a prescription, or an instruction to take or refrain from any action affecting your health.
  • No professional relationship. Your use of the Service does not create a physician-patient, pharmacist-patient, genetic-counselor-patient, or any other professional-client relationship between you and Further Health. Further Health does not practice medicine, pharmacy, genetic counseling, or any other licensed profession, and does not employ professionals to provide such services to you through the Service.
  • Always consult your clinician. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, a laboratory or genetic result, a medication, or any health concern. Never disregard professional medical advice, and never delay seeking it, because of something you have read, seen, or generated on the Service.
  • Emergencies. Do not use the Service for emergencies. If you think you may have a medical emergency, call your local emergency number (in the United States, 911) or go to the nearest emergency department immediately.
  • Accuracy and limitations. Health data is complex; documents can be parsed imperfectly; reference ranges and population statistics do not apply equally to every person; algorithmic and AI outputs can be incomplete, out of date, or wrong. We do not warrant the accuracy, completeness, or fitness of any output for any purpose. See Section 16.

5. Assumption of risk and no reliance

You use the Service voluntarily and at your own risk. To the maximum extent permitted by law:

  • No reliance. You agree that you will not rely on the Service as the basis for any medical, health, dietary, supplement, medication, fitness, reproductive, or other decision, and that you will confirm any such decision with your licensed clinician. You acknowledge that the Service is informational context only and is not a recommendation.
  • Assumption of risk. You knowingly and voluntarily assume all risks arising from your use of the Service and from any decision you make after using it, including risks arising from inaccurate, incomplete, delayed, or misinterpreted information.
  • Your responsibility. You are solely responsible for your health decisions and for verifying any information before acting on it. You are responsible for the accuracy of the data you provide and for the lawfulness of providing it.
  • No guaranteed outcome. We do not promise that using the Service will produce any particular health, wellness, fitness, or other outcome, and we make no representation that any observation, trend, score, or reference is appropriate for you specifically.

Nothing in this Section 5 limits any liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence, for fraud, or for fraudulent misrepresentation.

6. Wellness-tier features and per-surface terms

All features of the Service are wellness-tier and educational only and are subject to Sections 3, 4, and 5. The per-surface terms below describe specific features and the limits that apply to each. None of these features diagnoses, treats, mitigates, prevents, or cures any disease, and none is an aid in the detection of any disease.

6.1 Blood and laboratory results

You may upload laboratory reports (for example as PDFs or photographs) or import results from a laboratory or health-record provider. The Service extracts and organizes structured values, displays reference ranges and your own historical trends, and helps you prepare questions for your clinician. The Service does not interpret your results as a diagnosis, does not tell you whether you have any condition, and does not recommend any treatment. Extraction from documents can be imperfect; always confirm values and their meaning with your clinician and the issuing laboratory.

6.2 Genomics and polygenic scores (PGS)

You may import a raw genetic data file (for example from a consumer genomics service) or a clinical VCF. The Service computes polygenic scores, carrier observations, and trait observations with ancestry calibration and explicit statements of uncertainty, presented as probabilistic, research-grade, educational wellness information.

  • Not a clinical genetic test and not a diagnosis. Polygenic scores and genetic observations produced by the Service are not a clinical genetic test, not a diagnosis, and not medical advice. They are statistical and probabilistic, are derived from research datasets, are calibrated to ancestry groups and may be less accurate for some ancestries, and do not tell you whether you have, will develop, or are protected from any condition.
  • Confirm clinically. Any genetic result that matters to you should be confirmed through clinical-grade testing ordered and interpreted by a qualified healthcare professional or genetic counselor. Raw consumer genotyping data can contain errors.
  • Genetic-information protections. We handle genetic information with heightened care and in accordance with the U.S. Genetic Information Nondiscrimination Act (GINA, Pub. L. 110-233) and applicable state and international law, as described in our Privacy Policy. We do not use, sell, or disclose your genetic data to health insurers, life insurers, employers, or anyone making credit, lending, housing, or employment decisions. You are responsible for your own decisions about exporting or sharing your genetic data outside the Service.

6.3 Menstrual-cycle tracking

If you are eligible and choose to enable it, the Service offers wellness-tier menstrual-cycle tracking: you log your own information and the Service organizes it and surfaces general patterns over time.

  • What it is not. Cycle tracking is not a contraceptive method, not a fertility or "trying to conceive" (TTC) tool, not a pregnancy test, and not diagnostic or an aid in the detection of any condition. Do not use the Service to prevent or achieve pregnancy. The Service does not infer pregnancy, fertility status, ovulation for contraceptive purposes, or any clinical condition.
  • Eligibility and consent. Cycle tracking is available only to users aged eighteen (18) or older, is strictly opt-in through a typed affirmative consent, and is not offered as a clinical tool. You can disable it at any time, after which the associated data is deleted on the schedule described in our Privacy Policy, consistent with the Washington My Health My Data Act and similar consumer-health-data laws.
  • Reproductive-data sensitivity. We treat menstrual-cycle, reproductive, and sexual-health information as sensitive consumer health data and protect it as described in our Privacy Policy.

6.4 Peptides (educational information only)

The Service may provide general educational information about research peptides, drawn from published literature. This information is not medical advice, is not a recommendation to obtain, purchase, possess, or use any substance, and is not an endorsement of any product, source, protocol, or dose. Many peptides are not approved by the FDA or other regulators for human use, may be unlawful to obtain or use in your jurisdiction, and may carry serious health and legal risks. You are solely responsible for complying with all laws and for consulting a licensed clinician before considering any substance. Further Health does not sell, supply, distribute, source, or facilitate the acquisition of any peptide or other substance.

6.5 Wearables and connected devices

You may optionally connect wearable and health-data services (for example WHOOP, Oura, or Apple Health) so the Service can read the data you authorize. Connections are made at your direction, are governed also by the third party's own terms, and can be revoked at any time. Wearable metrics are used only for the wellness purposes described here and in our Privacy Policy; revocation and deletion timelines are described in the Privacy Policy. See Section 11 for additional connected-service terms.

6.6 Premium AI Analysis

If you request the optional Premium AI Analysis, a pseudonymized subset of your data — from which direct identifiers have been removed — is transmitted to our cloud large-language-model sub-processor (currently Anthropic, PBC) to generate wellness observations and educational references.

  • What is and is not sent. Raw sensitive data (such as full lab files, raw genetic files, and medical records) is encrypted on your device and is not sent in directly identifying form. Only a pseudonymized subset passes our outbound privacy controls before transmission. Details are in our Privacy Policy.
  • Wellness-tier and fallible. The AI's role is wellness-tier and non-diagnostic. Its outputs are clearly identified, may be incomplete or wrong, must not be relied upon, and should be discussed with your clinician.
  • No training on your data. We contractually instruct the sub-processor not to use the inputs we send to train any general-purpose foundation model.

7. Accounts

To use most features of the Service you must create an Account. You agree to provide accurate information, keep your credentials confidential, and notify us promptly at support@further.health if you suspect any unauthorized use. You are responsible for activity under your Account. We may refuse, suspend, or terminate Accounts that we reasonably believe violate these Terms or applicable law (see Section 19).

8. Subscriptions, fees, auto-renewal, and refunds

Some features of the Service (including Premium AI Analysis) may require a one-time fee or a recurring subscription. Pricing, billing cycle, and currency are presented at the point of purchase and form part of these Terms when you confirm the purchase. Where the Service is paid, you authorize the applicable payment processor or platform (including the Apple App Store, where you purchase through it) to charge the payment method you provide for all fees due, including applicable taxes.

Any fees you pay to Further Health are charges for the wellness analysis, observation, summary, and educational features that Further Health itself produces. The same paid features are available whether or not you choose to connect any particular third-party service. We do not condition access to a paid Further Health feature on a paid relationship with WHOOP, Oura, Apple, any laboratory operator, any electronic-health-record vendor, any genomics provider, or any other third party, and our fees do not include any charge for access to, use of, or data from any third-party platform, API, or data source.

Unless otherwise stated at the point of purchase, required by the law that applies to you, or required by the platform through which you purchased, all fees are non-refundable once the analysis or the billing period has begun. Subscriptions automatically renew at the end of each term at the then-current price until cancelled. You can cancel at any time; cancellation prevents the next renewal but does not refund the current term except where required by law. If you purchased through the Apple App Store, your subscription, billing, cancellation, and refunds are managed by Apple through your Apple Account settings, and you must cancel there; Further Health cannot cancel or refund an Apple-billed subscription on your behalf.

If you reside in the European Union, the United Kingdom, or another jurisdiction with statutory withdrawal rights, you may have a right to withdraw from a digital purchase within fourteen (14) days. By starting your analysis or accessing the digital content during that period, you acknowledge that your right of withdrawal may be lost in respect of the delivered content, to the extent permitted by applicable law.

8.1 California Automatic-Renewal Law disclosure

For California residents, the following disclosure is provided under California Business & Professions Code §§ 17600-17606 (the "Automatic Renewal Law," as amended). When you purchase a Further Health subscription that automatically renews:

  • Automatic renewal. Your subscription will automatically renew at the end of each billing period for successive periods of the same duration, at the then-current price for that subscription, until you cancel.
  • Cancellation. You may cancel at any time from your Account settings (or, for Apple-billed subscriptions, from your Apple Account settings) or by writing to support@further.health. Cancellation prevents the next renewal but does not refund the current term unless required by applicable law. The online cancellation method is at least as easy as the method used to start the subscription.
  • Renewal pricing changes. If we change the renewal price or the terms applicable to a renewal, we will give you at least the notice required by law before the change takes effect.
  • Free trials and introductory offers. If a subscription includes a free trial or introductory offer of more than thirty-one (31) days, we will send you a renewal-reminder notice between three (3) and twenty-one (21) days before each automatic renewal.
  • Long-term and annual renewal reminders. For any subscription term of one (1) year or longer, we will send you a renewal-reminder notice between fifteen (15) and forty-five (45) days before each automatic renewal. Regardless of the subscription term, we will send you an annual renewal reminder.
  • Acknowledgment. By completing your purchase, you affirmatively acknowledge that you understand the automatic-renewal terms above. We will provide a confirmation of these terms after purchase.

Comparable disclosures are provided to residents of states with similar "negative-option" or "automatic-renewal" statutes (including New York GBL § 527-a, Illinois 815 ILCS 601, and the federal Restore Online Shoppers' Confidence Act, 15 U.S.C. §§ 8401-8405). Where you purchase through the Apple App Store, Apple's auto-renewal disclosures and controls also apply.

9. Acceptable use

You agree that you will not, and you will not allow anyone else to:

  • use the Service in violation of any applicable law or regulation, or to facilitate any unlawful activity;
  • use the Service or any data obtained through it for advertising, marketing, profiling, credit, employment, insurance underwriting, housing, or similar decisions about any person;
  • use the Service to make decisions about another person without their explicit informed consent and the legal right to do so;
  • use the Service in a manner inconsistent with its wellness-tier, non-diagnostic purpose, including by representing its outputs as a diagnosis, a clinical test result, or medical advice;
  • copy, scrape, harvest, mirror, or build a database from the Service or from any data made available through it, including data obtained from connected wearable, lab, genetic, or medical-record providers;
  • reverse-engineer, decompile, disassemble, or attempt to derive source code from the Service except to the extent that applicable law expressly permits;
  • resell, sublicense, syndicate, or otherwise commercially redistribute the Service or any data made available through it;
  • interfere with or disrupt the Service, probe its security, attempt to bypass rate limits, or attempt to access accounts or data that are not yours;
  • upload material that contains malicious code, that infringes another person's rights, or that violates the terms or privacy notices of a connected third-party service;
  • use the Service in or in connection with the development of any competing wearable, biometric, lab, or genetic-data analysis product; or
  • represent or imply that the Service is endorsed by, certified by, or affiliated with WHOOP, Oura, Apple, any laboratory operator, any electronic-health-record vendor, any genomics provider, or any regulatory body without our explicit prior written authorization.

10. Your content and license

The data you upload to, import into, or sync with the Service — lab reports, genetic files, medical records, wearable data, calendar events, cycle entries, symptoms, notes — is "Your Content." You retain ownership of Your Content. You grant Further Health a limited, worldwide, non-exclusive, royalty-free license to host, store, transmit, process, and display Your Content solely to operate the Service for you and as described in our Privacy Policy. This license terminates when Your Content is deleted from the Service or when your Account is deleted, except for the limited technical retention period described in the Privacy Policy.

You represent and warrant that Your Content does not infringe any third-party right, that you have the legal right to upload it, and that — where Your Content includes information about another person — you have the legal right and any necessary consent to provide it.

We do not claim any ownership over Your Content. We do not use Your Content to train any general-purpose machine-learning model, and the cloud AI sub-processor we rely on for Premium AI Analysis is contractually instructed not to use the inputs we send to train foundation models.

11. Connected third-party and platform services

The Service interoperates with services operated by third parties at your direction, including (without limitation) WHOOP, Oura, Apple Health, Quest Diagnostics, LabCorp, MyChart and other electronic-health-record systems, consumer genomics services (such as 23andMe, AncestryDNA, MyHeritage, and TellMeGen), and calendar providers (Google Calendar, Apple Calendar, and Microsoft Outlook). For consumer genomics services, genetic data is provided by you uploading a raw data file exported from those services, which the Service parses locally on your device — it is not a live, authorized data exchange with those providers. When you connect or import from a third-party service:

  • Your use of that third-party service remains governed by the third party's own terms and privacy policy. You are responsible for reading and complying with them.
  • You authorize Further Health to receive from, import from, and (where applicable) send to that third-party service the data classes described in our Privacy Policy.
  • We do not control the availability, accuracy, or behavior of third-party services, and we are not liable for their acts or omissions, for outages, or for changes they make to their APIs or files.
  • You can disconnect any third-party service at any time. We will stop fetching new data and will delete cached data in accordance with our Privacy Policy. No data received from Oura is cached for more than sixty (60) days under any circumstance.

You acknowledge that third-party trademarks, logos, and brand elements (including WHOOP®, Oura®, and Apple®) are the property of their respective owners. We use those marks only to indicate compatibility and integration; their use does not imply sponsorship or endorsement.

11.1 Apple App Store additional terms (Apple-licensed application end-user license agreement supplement)

This Section 11.1 applies when you obtain the Further Health application from the Apple App Store and use it on an Apple-branded device. These Terms are the "EULA" referenced by Apple's requirements. To the extent of any conflict between these Terms and Apple's Licensed Application End User License Agreement or the Usage Rules in the Apple Media Services Terms and Conditions, Apple's terms control with respect to your use of the app on Apple devices, and these Terms are deemed amended only to the extent required to comply.

  • Acknowledgment. You and Further Health acknowledge that these Terms are concluded between you and Further Health only, and not with Apple Inc. ("Apple"). Further Health, not Apple, is solely responsible for the Further Health application and its content.
  • Scope of license. The license granted to you for the Further Health application is limited to a non-transferable license to use the application on any Apple-branded products that you own or control and as permitted by the Usage Rules, except that the application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing where applicable.
  • Maintenance and support. Further Health is solely responsible for providing any maintenance and support services with respect to the Further Health application. Apple has no obligation whatsoever to furnish any maintenance and support services.
  • Warranty. Further Health is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application.
  • Product claims. Further Health, not Apple, is responsible for addressing any claims by you or any third party relating to the application or your possession and use of it, including (a) product-liability claims; (b) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer-protection, privacy, or similar legislation, including in connection with the application's use of the HealthKit framework.
  • Intellectual-property claims. In the event of any third-party claim that the application or your possession and use of it infringes that third party's intellectual-property rights, Further Health, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
  • Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist-supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Third-party beneficiary. You and Further Health acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
  • HealthKit. If the application uses the HealthKit framework, we will not use, store, or transmit HealthKit data in violation of Apple's rules or these Terms. We will not use HealthKit data for advertising, marketing, or other use-based data mining; we will not share HealthKit data with third parties for advertising; we will not disclose HealthKit data to a third party without your explicit permission; and we will not store HealthKit data in iCloud.

11.2 Other distribution platforms

If you obtain the Further Health application through another distribution platform, your acquisition is also subject to that platform's terms, and to the extent of a conflict regarding acquisition through that platform, the platform's terms control. The platform operator is not responsible for the application or its content, and we do not use any data we receive through a platform's health framework for advertising, profiling, or any purpose not described in our Privacy Policy.

12. Intellectual property

The Service, the Site, the "Further Health" name and logo, and all related software, content, designs, models, and materials are owned by Further Health or its licensors and are protected by copyright, trademark, trade-secret, and other intellectual-property laws. Subject to your compliance with these Terms, Further Health grants you a personal, limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use only. No other license, express or implied, is granted.

13. Feedback

If you submit suggestions, ideas, bug reports, or feature requests ("Feedback"), you grant Further Health a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback for any purpose, without obligation to you. Feedback is provided voluntarily and is not confidential.

14. Copyright complaints (DMCA)

We respond to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512) and equivalent laws elsewhere. To submit a notice, write to legal@further.health with the subject line "DMCA notice" and include all information required by 17 U.S.C. § 512(c)(3): identification of the copyrighted work, the allegedly infringing material and its location on the Service, your contact information, a good-faith statement, an accuracy statement, and your physical or electronic signature.

15. Beta and preview features

We may from time to time offer Beta Features. Beta Features are provided "as is" and "as available," for evaluation, may be changed or withdrawn at any time, may contain errors, and are excluded from any commitments otherwise made in these Terms. We may collect additional usage information about Beta Features in order to improve them, as described in our Privacy Policy.

16. Disclaimers of warranties

The Service is not a medical device, is not a substitute for professional medical advice, diagnosis, or treatment, and is not intended to be used in life-threatening or emergency situations.

Always seek the advice of your licensed clinician or other qualified health provider with any questions you may have about a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read, seen, or generated on the Service.

THE SERVICE AND ALL CONTENT, MATERIALS, AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, FURTHER HEALTH DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, COMPLETENESS, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY OBSERVATION, PATTERN, TREND, SCORE, OR OTHER OUTPUT IS ACCURATE, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR PURPOSE OR FOR YOU SPECIFICALLY.

Some jurisdictions do not allow the exclusion of certain warranties or implied terms; in those jurisdictions the foregoing exclusions apply to the maximum extent permitted by law, and you may have rights that these Terms cannot exclude.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FURTHER HEALTH, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR ANY OUTPUT, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF FURTHER HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHER HEALTH'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) OR (B) THE AMOUNTS YOU PAID TO FURTHER HEALTH FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limitations apply even if a remedy fails of its essential purpose.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or, in some jurisdictions, for gross negligence or willful misconduct. Some jurisdictions do not allow the limitation or exclusion of certain damages; in those jurisdictions the above limitations apply only to the extent permitted, and your statutory consumer rights are not affected.

18. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Further Health and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising out of or related to (a) your violation of these Terms; (b) your violation of any law or third-party right, including the terms of any third-party service you connect to or import from the Service; (c) Your Content; or (d) your misuse of the Service. We reserve the right to assume the exclusive defense of any matter subject to indemnification, and you agree to cooperate with our defense.

The foregoing does not apply to claims to the extent caused by Further Health's gross negligence or willful misconduct, or to liabilities that cannot be indemnified under the law that applies to you. If you are a consumer, this Section 18 applies only to the extent permitted by the consumer-protection law of your jurisdiction.

19. Suspension and termination

You can stop using the Service at any time and can delete your Account from inside the Service or by writing to support@further.health. We may suspend or terminate your access to all or part of the Service if we reasonably believe (a) you have violated these Terms; (b) your use creates a security or legal risk for us or another user; (c) we are required to do so by law or by a third-party provider whose service we depend on; or (d) we decide to discontinue the Service.

On termination, your right to use the Service ends. Sections that by their nature should survive — including Definitions, 4 (Medical disclaimer), 5 (Assumption of risk), 10 (Your content and license), 12 (Intellectual property), 13 (Feedback), 14 (Copyright complaints), 16 (Disclaimers), 17 (Limitation of liability), 18 (Indemnification), 21 (Changes to these Terms), 22 (Dispute resolution and arbitration), 23 (Governing law), 24 (International users and export), 25 (General), and 26 (Contact) — survive termination. The fate of Your Content after termination is described in our Privacy Policy.

20. Changes to the Service

We may add, change, suspend, or remove features or functionality at any time, including features that connect to third-party services where the third party has changed or discontinued the underlying API. We will give reasonable advance notice of material changes that will adversely affect paying users.

21. Changes to these Terms

We may update these Terms from time to time. The "Effective date" at the top reflects the most recent change. We will give at least thirty (30) days' advance notice of material changes through the Service or by email, and where required by law (or where a change is material to the wellness-tier nature of the Service or to your consent) we will request your renewed consent. Your continued use of the Service after a non-material change becomes effective constitutes acceptance of the updated Terms. If you do not agree to a change, your sole remedy is to stop using the Service before the change becomes effective.

22. Dispute resolution and arbitration

This Section 22 includes a binding individual arbitration clause, a class-action waiver, and a jury-trial waiver. Read it carefully. It affects how disputes are resolved.

22.1 Informal resolution

Before filing a claim, you agree to try to resolve the dispute informally by writing to legal@further.health with the subject line "Dispute" and a description of the dispute, the relief you want, and your contact information. The parties will attempt in good faith to resolve the dispute over the next sixty (60) days. This informal-resolution requirement is a condition precedent to commencing arbitration.

22.2 Binding individual arbitration

Except as set out in Sections 22.4 and 22.5, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration will be conducted in English. The seat of arbitration will be Cheyenne, Wyoming, unless you reside in a jurisdiction whose consumer-protection law gives you the right to bring proceedings in your place of residence, in which case the seat will be your place of residence. Either party may appear by telephone, video, or written submissions; in-person hearings will be held only if both parties agree. The arbitrator may award any remedy that a court could award on an individual basis, and judgment on the award may be entered in any court of competent jurisdiction.

Costs of arbitration. Further Health will pay all arbitration provider filing, administration, and arbitrator fees in excess of the consumer filing fee that you would have paid to file the same claim in a court of competent jurisdiction in your county of residence. If the arbitrator finds your claim to be frivolous within the meaning of Federal Rule of Civil Procedure 11(b), the arbitrator may apportion fees consistent with that rule, but no fee allocation will be ordered as a sanction or deterrent against the bona fide pursuit of a claim. If you cannot afford the consumer share of the filing fee, Further Health will, on written request, advance that share to the provider on your behalf.

22.3 Class-action and jury-trial waiver

YOU AND FURTHER HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one party's claims and may not preside over any form of representative or class proceeding. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND FURTHER HEALTH EACH WAIVE ANY RIGHT TO A JURY TRIAL.

This Section 22.3 does not bar (i) claims for public-injunctive relief that the law of your residence makes non-waivable in any forum (including the rule announced in McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017)); (ii) representative claims under the California Private Attorneys General Act, Cal. Lab. Code § 2698 et seq., to the extent non-waivable under controlling law; or (iii) any other representative claim that the law of your residence makes non-waivable. Any claim within (i)-(iii) will be severed and may be brought in a court of competent jurisdiction; the rest of Section 22 remains in effect for all other claims.

22.4 Small-claims and injunctive carve-out

Either party may bring an individual action in small-claims court for any dispute that qualifies for that court's jurisdiction. Either party may also seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual-property rights or confidentiality.

22.5 Mass-filing protocol

If twenty-five (25) or more similar arbitration demands are asserted by or with the assistance of the same or coordinated counsel, the parties agree the demands will be administered in staged batches if the arbitration provider's rules so allow, to promote efficiency, and any applicable limitations period will be tolled for demands awaiting a batch. This Section 22.5 does not limit any party's right to an individual adjudication of its own claim.

22.6 Opt-out of arbitration

You may opt out of Sections 22.2 and 22.3 by sending written notice to legal@further.health with the subject line "Arbitration opt-out" within thirty (30) days of first accepting these Terms. Your notice must include your full name, the email address associated with your Account, and the date you accepted the Terms. Opting out of arbitration does not opt you out of any other provision of these Terms, and will not affect any prior arbitration agreement between you and Further Health.

22.7 Severability inside this section

If the class-action waiver in Section 22.3 is found unenforceable as to a particular claim or remedy, that claim or remedy must be litigated in court and severed from the arbitration, and the rest of Section 22 remains in effect. If the entirety of Section 22 is found unenforceable, the parties agree to the exclusive jurisdiction of the state courts of Wyoming and the United States District Court for the District of Wyoming (subject to the consumer-residence carve-out in Section 22.2).

22.8 Consumer-law preservation

Nothing in this Section 22 deprives you of any consumer-law right that the law of your country or state of residence grants you on a non-waivable basis (for example, the right to pursue proceedings in your local courts under EU consumer-protection law).

23. Governing law

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of Section 22. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If you reside in the European Union, the United Kingdom, or another jurisdiction whose mandatory consumer-protection law gives you the benefit of the law of your residence, you also enjoy the benefit of those mandatory provisions, and nothing in this Section 23 deprives you of the protection of the mandatory rules of the country in which you are habitually resident.

24. International users and export

The Service is operated from the United States and is intended for users in the United States. By using the Service, you consent to the transfer and processing of personal data as described in our Privacy Policy. You agree to comply with U.S. and other applicable export-control and sanctions laws, and you represent that you are not located in, under the control of, or a national or resident of any country or a person to which the United States has prohibited the export of services. Certain features may be unavailable in certain jurisdictions.

25. General

  • Entire agreement. These Terms, together with the Privacy Policy, the Wellness Disclaimer, and any order form or subscription terms you accept at purchase, constitute the entire agreement between you and Further Health regarding the Service and supersede any prior or contemporaneous agreements on that subject.
  • Severability. If any provision of these Terms is held unenforceable, the remaining provisions continue in full force, and the unenforceable provision will be reformed only to the minimum extent necessary.
  • No waiver. A failure to enforce a provision is not a waiver of that provision or of any other right under these Terms.
  • Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.
  • Force majeure. Neither party is liable for a delay or failure caused by an event beyond its reasonable control.
  • Notices. Notices to you may be sent to the email address associated with your Account or posted in the Service. Notices to Further Health must be sent to legal@further.health.
  • Relationship. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Further Health.
  • Headings. Section headings are for convenience and do not affect interpretation.

25.1 Electronic communications consent

By creating an Account or using the Service, you consent to receive communications from Further Health electronically, including by email and through in-product notifications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing, including the requirements of the federal Electronic Signatures in Global and National Commerce Act (E-SIGN, 15 U.S.C. §§ 7001-7031), the Uniform Electronic Transactions Act, and analogous laws elsewhere. You may withdraw this consent at any time, but doing so may prevent you from using parts of the Service that depend on electronic delivery.

25.2 Compliance with laws

Each party will comply with all laws, regulations, and binding industry standards applicable to its performance of these Terms, including export-control laws, anti-corruption laws, sanctions regulations administered by the U.S. Office of Foreign Assets Control, and the data-protection laws identified in our Privacy Policy. Neither party will require the other to take any action that would cause it to violate any such law, regulation, or standard.

25.3 California complaint information

California residents may report complaints about the Service to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by telephone at (800) 952-5210 or in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834.

26. Contact

See the companion Privacy Policy and Wellness Disclaimer for our data-handling practices and the wellness-tier nature of the Service.

View this version (v6) at a permanent URL · Previous versions remain available at their dated URLs for your records.