Sesh Fitness App LLC DBA Sesh Diagnostics

TERMS OF SERVICE (CLIENT SERVICES AGREEMENT)

WEBSITE AND APPLICATION TERMS OF SERVICE

Effective June 4, 2026

In case of an emergency, please call 911.

Welcome to Sesh Diagnostics! Please take a few minutes to read these important terms and conditions (“Terms”).

If you are experiencing a medical crisis, please call 911 or contact your local emergency service immediately. 

Introduction

This Terms of Service (“Terms”) is an agreement between you and Sesh Fitness App LLC DBA Sesh Diagnostics, SeshDx (“we” or “us”). These Terms control your use of these items consist of our website (www.seshdiagnostics.com) and web application(s) (https://seshdiagnostics.practicebetter.io/, https://intake.openloophealth.com/seshapp, https://seshdiagnostics.tellescope.com/), (referred to as our “Web App”), and the information, services, and features that come with them. It also includes any documents or other materials available through, or related to the Web App or Website, as well as any other services or items provided by us or our affiliated companies (together, the Web App, Website and these additional materials are collectively called our "Services").

Make sure to read these Terms carefully before using our Services. If you tap or click "I agree," "I accept," or any similar button or box related to these Terms, if you access or use our Services, or if you navigate to our Website, you're agreeing to follow these Terms, and that when you use our Services, you will follow all of the rules, requirements and restrictions in these Terms.

We may change these Terms at any time and for any reason. When we do, the changes will apply from that point onward. We may let you know about these changes using reasonable methods, like publishing the updated Terms on our Website, but we are not necessarily required to do so, depending on the changes we are making.

Because of this, it's important to review these Terms from time-to-time. When you continue using our Services after we make a change to these Terms, it means you accept the updated Terms.

The "Last Updated" date at the top of these Terms shows the date that it was last changed.

The information and resources you access through our Services are made available by us, our suppliers and vendors, and other third parties. You may only use these materials if you agree to these Terms. If you don't agree to these Terms, you can't use our Services.

DISCLAIMERS

THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY USING OUR SERVICES, YOU AGREE THAT YOU ARE OF LEGAL AGE TO AGREE TO THESE TERMS.

THE FOOD AND DRUG ADMINISTRATION (“FDA”) HAS NOT NECESSARILY EVALUATED ANY OF THE STATEMENTS OR INFORMATION MADE IN OUR SERVICES. WHILE OUR SERVICES ARE INTENDED TO PROVIDE EDUCATIONAL CONTENT AND MATERIALS RELATED TO FITNESS AND HEALTH TOPICS, THEY ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

WHILE WE MAY CORRECT ERRORS, OMISSIONS, OR INACCURACIES IN OUR SERVICES, WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, CURRENCY, OR COMPLETENESS OF INFORMATION, CONTENT, MATERIALS, SERVICES, PRODUCTS, MERCHANDISE, OR OTHER RESOURCES AVAILABLE THROUGH OUR SERVICES. THE ACCURACY, SUBSTANCE, AND SUFFICIENCY OF SERVICE OR PRODUCT INFORMATION ON OUR SERVICES CAN'T BE GUARANTEED. THERE ARE NO GUARANTEES OR WARRANTIES ABOUT THE AVAILABILITY, COMPLETENESS, ACCURACY, RELIABILITY, VALIDITY, OR TIMELINESS OF ANY OF ANY OF THESE RESOURCES, WHETHER THOSE RESOURCES ARE PROVIDED BY US OR A THIRD PARTY. IN ALL WAYS, WE ARE PROVIDING OUR SERVICES ON AN AS-IS AND AS-AVAILABLE BASIS, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN THAT CASE SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LICENSE TO USE SERVICES

As long as you follow the rules in these Terms, we grant you a limited, non-transferable, non-exclusive license to access and use our Services for your own personal use, for as long as we allow access to them. Personal use means that you cannot resell access to our Services, and you are not allowed to use our Services for any business or commercial purpose. We can take away this license at any time and for any reason, or for no reason whatsoever.

A limited license means that we are allowing you to use our Services based on the terms in these Terms. You do not own our Services. We own all of the rights and control over our Services, including any changes or updates.

ENDING THIS AGREEMENT

You can end your agreement to these Terms by stopping your use of our Website and other Services. If you violate any terms of these Terms or if we cancel these Terms, the rights we granted to you will end, but some rights that you have granted to us will still apply.

We may, at any time and for any reason (with or without cause), immediately: (a) stop your authorization to use our Services; (b) revoke or destroy your Access Credentials; (c) delete any Submissions you or others submit to the Services; (d) limit or block access to your account; and (e) block you from future use of our Services—all without notice or responsibility to you.

If we cancel these Terms, or you choose to stop your use of our Services, the license described above also ends.

MEDICAL INFORMATION AND HEALTH CONTENT

WE ASSUME NO RESPONSIBILITY FOR HOW YOU USE THE INFORMATION THAT YOU OBTAIN FROM OUR SERVICES. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU MAY BE ACCESSING YOUR OWN HEALTH INFORMATION VIA OUR SERVICES AND MAY WISH TO COMMUNICATE WITH YOUR HEALTH CARE PROVIDERS ABOUT THAT OR RELATED INFORMATION. 

IF YOU ARE NOT FEELING WELL, PLEASE CONTACT AN APPROPRIATE HEALTH CARE PROFESSIONAL. IF YOU HAVE AN EMERGENCY, DO NOT USE ANY FUNCTIONALITY MADE AVAILABLE BY OUR SERVICES.

Always seek the advice of your licensed qualified health care provider with any questions that you may have regarding a medical condition or treatment and before undertaking any new health care or wellness regimen. Never disregard professional medical advice or delay in seeking it because of information you have viewed through our Services.

ASSUMPTION OF RISK FOR PHYSICAL ACTIVITY

YOU UNDERSTAND AND AGREE THAT PHYSICAL EXERCISE AND FITNESS ACTIVITIES INVOLVE INHERENT RISKS, INCLUDING BUT NOT LIMITED TO INJURY, ILLNESS, DISABILITY, OR DEATH. BY USING OUR SERVICES, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH ANY PHYSICAL ACTIVITY YOU UNDERTAKE IN CONNECTION WITH OR BASED ON INFORMATION, CONTENT, OR RECOMMENDATIONS PROVIDED THROUGH OUR SERVICES. YOU REPRESENT THAT YOU ARE IN GOOD PHYSICAL CONDITION AND HAVE NO DISABILITY, IMPAIRMENT, OR OTHER CONDITION THAT WOULD PREVENT YOU FROM SAFELY ENGAGING IN PHYSICAL ACTIVITY, OR THAT YOU HAVE OBTAINED CLEARANCE FROM A QUALIFIED HEALTH CARE PROVIDER BEFORE BEGINNING ANY EXERCISE PROGRAM. WE ARE NOT RESPONSIBLE FOR ANY INJURY, ILLNESS, OR OTHER HARM THAT MAY RESULT FROM YOUR USE OF OUR SERVICES OR YOUR PARTICIPATION IN ANY PHYSICAL ACTIVITY.

TELEHEALTH PRESCRIBING SERVICES

Overview of Telehealth Prescribing

Our Services may provide you with access to telehealth consultations and prescription services offered by independent, third-party licensed health care providers and pharmacies (“Telehealth Prescribing”). Through Telehealth Prescribing, you may be able to consult with licensed health care providers who may, in their independent professional judgment, prescribe medications including but not limited to GLP-1 receptor agonists or other prescription medications. A current list of health care providers and pharmacies who support Telehealth Prescribing accessed through our Services is available at https://openloophealth.com/terms-of-use 

SeshDx Is Not a Health Care Provider

SESHDX IS A FITNESS AND WELLNESS PLATFORM AND IS NOT A LICENSED HEALTH CARE PROVIDER, MEDICAL PRACTICE, PHARMACY, OR HEALTH CARE FACILITY. WE DO NOT PRACTICE MEDICINE, PROVIDE MEDICAL ADVICE, DIAGNOSE OR TREAT ANY MEDICAL CONDITION, OR PRESCRIBE ANY MEDICATION. WE DO NOT EMPLOY, SUPERVISE, DIRECT, OR CONTROL THE HEALTH CARE PROVIDERS OR PHARMACIES WHO OFFER TELEHEALTH PRESCRIBING THROUGH OUR SERVICES. ALL HEALTH CARE PROVIDERS AND PHARMACIES ACCESSIBLE THROUGH OUR SERVICES ARE INDEPENDENT THIRD-PARTY ENTITIES WHO ARE SOLELY RESPONSIBLE FOR THE CARE THEY PROVIDE AND THE PROFESSIONAL JUDGMENTS THEY MAKE. NOTHING IN THESE TERMS OR IN OUR SERVICES SHALL BE CONSTRUED AS CREATING ANY EMPLOYMENT, AGENCY, PARTNERSHIP, OR JOINT VENTURE RELATIONSHIP BETWEEN SESHDX AND ANY HEALTH CARE PROVIDER OR PHARMACY.

WE ARE NOT ENGAGED IN THE CORPORATE PRACTICE OF MEDICINE. WE DO NOT INFLUENCE, INTERFERE WITH, OR CONTROL THE INDEPENDENT CLINICAL JUDGMENT OF ANY HEALTH CARE PROVIDER. ALL CLINICAL DECISIONS, INCLUDING BUT NOT LIMITED TO DECISIONS REGARDING DIAGNOSIS, TREATMENT, AND PRESCRIBING OF MEDICATIONS, ARE MADE SOLELY BY THE LICENSED HEALTH CARE PROVIDER IN THEIR INDEPENDENT PROFESSIONAL CAPACITY. WE HAVE NO ROLE IN AND ACCEPT NO RESPONSIBILITY FOR ANY CLINICAL DECISIONS MADE BY HEALTH CARE PROVIDERS OR FOR ANY MEDICATIONS DISPENSED BY PHARMACIES.

Your Responsibilities Regarding Telehealth Prescribing

If you choose to use Telehealth Prescribing, you understand and agree that:

(a) You are solely responsible for your decision to engage with Telehealth Prescribing and for your interactions and relationship with any health care provider or pharmacy you access through our Services;

(b) You are responsible for consulting with your primary care provider or other qualified health care provider before using Telehealth Prescribing, and with any questions you have about any diagnosis, treatment, or prescription you receive through Telehealth Prescribing;

(c) You are responsible for providing accurate, complete, and current information about your health, medical history, current medications, allergies, and any other information requested by the health care provider;

(d) You understand that Telehealth Prescribing has inherent limitations, including the inability of the health care provider to conduct a physical examination, and that certain conditions or circumstances may require in-person evaluation and care;

(e) You are solely responsible for following all instructions provided by the health care provider or pharmacist, including instructions regarding dosage, administration, storage, potential side effects, and contraindications of any prescribed medication;

(f) You will seek emergency medical care immediately if you experience any serious or life-threatening symptoms, and you understand that Telehealth Prescribing is not intended for emergency situations; and

(g) Your relationship for health care services is with the health care provider or pharmacy, not with SeshDx, and any disputes regarding the care you receive or medications you are prescribed must be resolved directly with that provider or pharmacy.

Payment Processing for Telehealth Prescribing

For your convenience, we may collect professional fees, consultation fees, prescription costs, or other charges on behalf of the health care providers or pharmacies who participate in Telehealth Prescribing. Any such fees collected by us are passed through to the applicable provider or pharmacy without markup, commission, or set-off by SeshDx. We act solely as a payment facilitator and not as a party to any transaction for health care services or prescription medications. The fees charged for Telehealth Prescribing are determined by the health care providers and pharmacies, not by SeshDx. You should review the fee disclosures provided by the applicable provider or pharmacy before using Telehealth Prescribing.

Disclaimer of Liability for Telehealth Prescribing

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SESHDX DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO TELEHEALTH PRESCRIBING, INCLUDING BUT NOT LIMITED TO:

(a) Any act, omission, error, negligence, malpractice, or professional misconduct of any health care provider or pharmacy;

(b) Any diagnosis, treatment recommendation, prescription, or other clinical decision made by any health care provider;

(c) Any medication prescribed, dispensed, or administered in connection with Telehealth Prescribing, including any adverse reactions, side effects, drug interactions, or other harm resulting from any medication;

(d) The accuracy, completeness, or timeliness of any information provided by any health care provider or pharmacy;

(e) Any failure of any health care provider or pharmacy to maintain appropriate licensure, credentials, or insurance;

(f) Any dispute between you and any health care provider or pharmacy; or

(g) Any other matter arising from or related to your use of Telehealth Prescribing or your relationship with any health care provider or pharmacy.

YOU ACKNOWLEDGE AND AGREE THAT SESHDX IS PROVIDING ACCESS TO TELEHEALTH PRESCRIBING AS A CONVENIENCE TO YOU AND THAT YOUR USE OF TELEHEALTH PRESCRIBING IS ENTIRELY AT YOUR OWN RISK. YOU RELEASE SESHDX AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR RELATED TO TELEHEALTH PRESCRIBING OR YOUR RELATIONSHIP WITH ANY HEALTH CARE PROVIDER OR PHARMACY.

Informed Consent

Before receiving Telehealth Prescribing services, you may be required to provide informed consent directly to the health care provider. Such consent is between you and the health care provider, and SeshDx is not a party to any informed consent process or agreement. By using Telehealth Prescribing, you acknowledge that you have had the opportunity to ask questions about the telehealth consultation process, the limitations of telehealth, and the specific services being offered, and that you are voluntarily choosing to proceed with Telehealth Prescribing.

No Guarantee of Prescription

The availability of Telehealth Prescribing does not guarantee that you will receive a prescription for any medication. All prescribing decisions are made solely by the licensed health care provider based on their independent professional judgment, applicable laws and regulations, and the information you provide. A health care provider may determine that a prescription is not appropriate for you, or may recommend alternative treatments or further evaluation. SeshDx has no influence over any prescribing decision and is not responsible if you do not receive a prescription.

Pharmacy Partners
Prescriptions arranged through our Services are fulfilled by the following independent, licensed compounding pharmacies:

• RedRock Pharmacy — https://www.redrockhomepharmacy.com/ — 1240 E 100 S #220, St. George, UT 84790 — 801-433-9500

• Health Warehouse — https://www.healthwarehouse.com — 7107 Industrial Rd, Florence, KY 41042 — 800-748-7001

• Precision Medicine — https://precisionmeds.com — 2657 Merrick Road, Bellmore, NY 11710 — 516-833-6262

• Triad Rx — https://www.triadrx.us — 26258 Pollard Road, Daphne, AL 36526 — 251-380-7630

State Coverage
Currently offering services in all 50 states plus Washington D.C. Some services may not be available in all 50 states or Washington D.C. Subject to change.

LABORATORY TESTING SERVICES

Our Services may help arrange laboratory testing through independent, third-party laboratories. We may also provide holistic, functional, or nutritional interpretation of laboratory results for educational purposes only. You understand and agree that:

(a) Any interpretation we provide is for educational purposes only and is not a clinical finding, medical diagnosis, or medical advice;

(b) We do not guarantee the accuracy, completeness, or timeliness of any laboratory results, as laboratories are independent third parties;

(c) Your licensed health care provider may use the same laboratory reports to diagnose or treat conditions—we do not;

(d) You must consult a licensed health care professional before acting on any interpretation or information we provide regarding laboratory results; and

(e) We are not liable for any delays, errors, or omissions by any third-party laboratory.

GEOGRAPHIC RESTRICTIONS

Our Services are meant for use by U.S. residents only. Our Services might not follow the legal requirements of other countries. Different countries have their own laws, rules, and medical practices.

Parts of our Services might not work or be available outside of the United States. Don't use our Services in places where it's illegal to do so. We might limit who can use our Services, and where they can be used, whenever we decide.

USAGE RULES AND REQUIREMENTS

You agree that our Services belong to us, and our licensors and suppliers. When you use our Services you are not allowed to:

(a) send automated or recorded requests to our Services, unless we specifically approve it;

(b) access our Services using anything other than the version or versions that we release to the public;

(c) copy, modify, distribute, or sell our Services, or create something new based on our Services (these are called derivative works), unless we specifically approve it in writing;

(d) try to decompile, disassemble, reverse engineer, or otherwise attempt to derive, reconstruct, identify, or discover the source code of our Services;

(e) remove any marks that show that our Services belong to us;

(f) use our Services to compare them to products or services available from other companies;

(g) take actions that would cause any part of our Services to be made public in any way outside of how we have approved them to be made public;

(h) use our Services to transmit harmful computer code, like viruses, worms, Trojan horses, Easter eggs, time bombs, spyware or any other code file or program that is potentially harmful or invasive, or intended to damage or hijack the operation of computer hardware, software or equipment;

(i) use our Services to gather information about other users;

(j) use any mechanism to “scrape” or extract the content of our Services in a systematic way.

You agree to follow the law when you use our Services. You may not disrupt how our Services function or use them in a way that interferes with other users' use of them, for example by hacking or defacing any portion of our Services, or by engaging in spamming, flooding, or other disruptive activities. You may not use our Services to share harmful, offensive, or unlawful content. This includes content that's threatening, harassing, false, explicit, or discriminatory, or encourages illegal actions.

We are allowed to stop or pause your access to our Services without telling you, if we think your actions break the law or harm our interests or the interests of other users, partners, affiliates, sponsors, providers, licensors, or merchants. This is our decision to make.

When you share information using our Services, you need to make sure it's accurate and up-to-date. You're responsible for keeping this information correct. If you provide information that's false, inaccurate, or incomplete, or if we suspect it is, we can suspend or close your account without telling you. This might stop you from using our Services. You understand that we can delete your account and all its information, and stop your access to our Services. We won't be held responsible to you or anyone else if this happens.

ACCESSING THE SERVICES

When you create an account to access our Services, you will need to provide or create a unique credential like a username and password or a personal identification number (“PIN”) or, if available on your device, agree to allow the use of a biometric identifier like a fingerprint or facial scan. These are called "Access Credentials". Our Services may also allow you to authenticate using third-party single sign-on (“SSO”) services, such as Sign in with Apple or Sign in with Google, or passwordless authentication methods such as passkeys. Our Services may also allow the use of technologies like Apple's Touch ID or Face ID for authentication, if those technologies are available on your device. We are allowed to not issue you an Access Credential if it looks like you're pretending to be someone else, if the Access Credential is protected by trademark or other intellectual property laws, if it's offensive, or if it could cause confusion. We'll decide this based on our judgment.

YOU UNDERSTAND THAT IF YOU ALLOW OUR SERVICES TO USE FACE ID OR OTHER BIOMETRIC-BASED AUTHENTICATION TECHNOLOGY, ANYONE WHO IS ABLE TO OBTAIN OR RECREATE THE RELEVANT BIOMETRIC IDENTIFIER STORED ON YOUR DEVICE MAY HAVE ACCESS TO YOUR ACCOUNT AND MAY BE ABLE TO USE OUR SERVICES BY PRETENDING TO BE YOU. WE ARE NOT RESPONSIBLE FOR THAT TYPE OF MISUSE OF BIOMETRIC-BASED AUTHENTICATION.

IF YOU CHOOSE TO ACCESS OUR SERVICES USING THIRD-PARTY SINGLE SIGN-ON SERVICES (SUCH AS SIGN IN WITH APPLE OR SIGN IN WITH GOOGLE) OR PASSWORDLESS AUTHENTICATION METHODS (SUCH AS PASSKEYS), YOU UNDERSTAND THAT THE SECURITY OF THOSE CREDENTIALS IS GOVERNED BY THE THIRD-PARTY PROVIDER’S TERMS AND SECURITY PRACTICES, NOT OURS. WE ARE NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT RESULTING FROM A COMPROMISE OF YOUR THIRD-PARTY AUTHENTICATION CREDENTIALS, INCLUDING ANY BREACH OR VULNERABILITY IN THE THIRD-PARTY PROVIDER’S SYSTEMS OR YOUR FAILURE TO SECURE YOUR THIRD-PARTY ACCOUNT. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE SECURITY OF ANY THIRD-PARTY ACCOUNTS YOU USE TO ACCESS OUR SERVICES.

It's up to you to keep your Access Credentials safe and secret. You're responsible for all the activities connected to your Access Credentials whether you or someone else is actually using your Access Credentials. If someone uses your Access Credentials without permission or if there's a security breach, tell us right away. Don't let others use your Access Credentials to access our Services. We are not responsible for checking if the person using an Access Credential is really who they claim to be. If we think that an Access Credential might not be secure, we may cancel it without providing you with notice. This decision is up to us, based on our own judgement.

You are responsible for making sure you have access to any necessary materials to use our Services. This includes hardware like a phone or laptop, software like an operating system or internet browser, and any services like internet or telecommunications that you need.

When you access our Services using the internet, you may incur charges from your wireless carrier, internet provider, or other internet access method. These charges are your responsibility. We do not control these networks or their charges. You also understand that an internet connection might not be secure and could expose your personal information that's sent over a connection that is not secure. We do not control how you access the internet when using our Services.

USER CONTENT

Our Services may allow you to upload, submit, store, send, or receive content, including but not limited to workout data, progress photos, health metrics, personal goals, and other information (collectively, “User Content”). You retain ownership of any intellectual property rights you hold in your User Content. By submitting User Content to our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, and display your User Content in connection with operating and improving our Services. This license continues even if you stop using our Services, but only to the extent necessary for us to continue providing and improving the Services.

You are solely responsible for your User Content and the consequences of submitting it. You represent and warrant that: (a) you own or have the necessary rights to use and authorize us to use your User Content; (b) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or other rights of any person or entity; and (c) your User Content does not contain material that is unlawful, defamatory, or otherwise objectionable. We may, but are not obligated to, review, monitor, or remove User Content at our sole discretion and without notice.

CONTENT, COPYRIGHTS, AND TRADEMARKS

Our Services, their related documents, and the text, graphics, legends, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words or phrases, or page headers provided by us through our Services (collectively called "Content") are protected by copyright and other intellectual property laws. Content is owned by us and our licensors and suppliers. You may not remove or change any copyright or trademark notices displayed on any Content. Our copyrights and trademarks can't be used with products or services that aren't ours, or in a way that could cause confusion or violate our rights.

COMMUNICATIONS AND FEEDBACK

When you send us emails, text messages, or any other electronic messages, you're agreeing to get responses from us electronically, including through our Services. This means that any agreements, notices, disclosures, or other communications we send you electronically meet the legal requirement for written communications.

Any suggestions, feedback, and information you provide to us about our Services (collectively called "Feedback") and any improvements, updates or modifications that we make to our Services in response to your Feedback (collectively called “Revisions”), belong to us. Even if you give us Feedback, it doesn't give you any rights to our Services or Revisions that we create from your Feedback. You agree to give up any rights you might have in the Feedback and Revisions, including intellectual property rights like patents, copyrights, and trademarks.

UPDATES

We are not required to continue to provide any of our Services for any period of time. We can change how our Services work or stop providing them, at any time with or without telling you.

We might choose to offer updates for our Services. If you use these updates, you agree to follow the current version of these Terms at the time that you begin using that updated version.

We can't guarantee that any version of our Services will work with all hardware or software versions that you may want to use, including future updates of your devices or their operating systems. Our Services might not work with your specific hardware or software versions. We don’t promise to make our Services compatible with your specific hardware or software.

PAYMENTS, REFUNDS, AND CHARGEBACKS

Due to the nature of our Services, which provide instant access to valuable content, resources, and personalized coaching, we are unable to offer refunds for coaching services or lab bundles once purchased. When you sign up, you receive immediate benefits, making it impossible to reverse or revoke the service provided.

If you choose a payment plan, all scheduled payments are binding, and cancellation of any remaining amounts will not be permitted under any circumstances. We strongly encourage you to carefully review the details and description of each program and product prior to purchase to ensure it aligns with your needs and expectations. If you have any questions or require clarification, please contact support@seshdiagnostics.com.

You agree to pay all fees associated with your purchase at checkout or as invoiced. You agree to contact us before initiating any chargeback with your payment provider to attempt a resolution in good faith. Initiating a chargeback without first contacting us may result in suspension or termination of your account and access to our Services.

Subscription Services Refund Policy

• Your membership in the subscription program (“Subscription Service”), including your ability to access the services, begins when you have completed the intake form at which time you will be charged for the first month of the Subscription Services.  

• The Subscription Services include access to providers, medications where appropriate, and online support. 

• Please note if you are disqualified by our medical provider for any medical reason you will receive a full refund.

• There is no guarantee of results or effectiveness due to your participation in the Subscription Services. 

Cancellation Policy

• You may cancel your Subscription Service at any time for any reason. To cancel your Subscription Services, please contact customer service and request a cancellation or through the process outlined in your online account (if applicable). 

• To ensure a smooth process, we require your cancellation request to be received at least 72 hours prior to your billing date. If this notice date is not met, your subscription will be charged on the next billing date, and the cancellation will take effect on the subsequent billing date.

• After cancellation, you will continue to receive the Subscription Services through the end of your billing cycle. 

• Please see our Refund Policy below to determine if you are eligible for a refund of your canceled Subscription Service. 

Refund Policy

• If your Subscription Service is cancelled due to disqualification by our medical provider, you will be issued a refund for the remainder of your Subscription Service charges following the disqualification. 

• Other than cancellation due to medical disqualification, IN NO EVENT SHALL YOU BE ISSUED A REFUND UPON CANCELLATION OF THE SUBSCRIPTION SERVICES.

• Federal law generally prohibits the return of prescription medications to pharmacies for refund or reuse once they have been ordered to a patient in order to protect public health and safety. This policy ensures that all medications provided are handled and dispensed with utmost care and compliance. If approved, refunds will only be issued for your most recent billing cycle and will not be issued for past billing cycles. 

• Damaged or Incorrect items: Please inspect your medication immediately upon receipt.  If the medication appears to be damaged or incorrect, please contact customer service immediately.

• Damaged items: Damaged items may be replaced by the pharmacy upon receipt of evidence of damage.

• Incorrect items: Incorrect medications will be replaced by the pharmacy.

PRIVACY

Both Federal and State laws govern the confidentiality of personal information, including personal health information. We are dedicated to keeping your personal confidential and our personnel are subject to strict standards for maintaining the confidentiality of your personal information. More information about how we collect, store, process, use and share your personal information is described in our Privacy Policy, which is available at https://www.seshdiagnostics.com/legal/privacy-policy.

While using our Services, you may provide, and we may automatically collect, information about how you use them. This may include your real-time location, MAC address, and IP address. We may use this type of automated usage data individually or in aggregated form to enhance and improve our Services.

Non-HIPAA Acknowledgment

You acknowledge that SeshDx is not a “covered entity” or “business associate” as defined under the Health Insurance Portability and Accountability Act (“HIPAA”). Information you share with us, including health information and laboratory results, is generally not protected under HIPAA when in our possession and is not governed by doctor-patient privilege. While we make reasonable efforts to protect your information as described in our Privacy Policy, we cannot guarantee absolute security. Please review our Privacy Policy for more information about how we collect, use, and protect your information.

SeshDx is a wellness platform and is not itself a HIPAA covered entity. However, the licensed clinicians, pharmacies, and laboratories that provide care through our platform ARE subject to HIPAA. Protected health information collected during your telehealth visits, lab testing, and prescribing is governed by the Notice of Privacy Practices of the professional corporation providing your care, available at seshdiagnostics.com/legal/consumer-health-data-privacy-policy. Health-related information you provide to SeshDx outside of clinical care (e.g., wellness goals, fitness data, intake before you're connected to a clinician) is governed by this Site Privacy Policy.

If your device receives push notifications anyone who can access your device might see those reminders. If you share your device with others, you are responsible for setting it to hide or turn off reminders that you want to keep private.

We have the right (but are not required) to monitor the use of our Services, including electronic communications related to them. We might share content, records, or electronic communications if allowed by laws, regulations, or in response to government requests, or if it's needed to run our Services, or to protect rights or property.

ACCURACY AND INTEGRITY OF INFORMATION

Although we attempt to ensure the integrity of our Services, we make no guarantees whatsoever as to the accuracy or completeness of the information available through our Services. It is possible that our Services could include typographical errors, inaccuracies or other errors. In the event that an inaccuracy is identified, you should inform us so that it can be corrected. Information contained on our Services may be changed or updated without notice.

USE OF AI TECHNOLOGY

Our Services may leverage new and emerging technology, which may include technology powered by machine learning algorithms, large language model processing or other artificial intelligence technologies, to provide personalized and timely functionality.

YOU UNDERSTAND THAT AI-POWERED FEATURES MAY PRODUCE INACCURATE, INCOMPLETE, OR INAPPROPRIATE CONTENT OR RECOMMENDATIONS. AI TECHNOLOGY IS CONSTANTLY EVOLVING AND MAY HAVE LIMITATIONS. YOU SHOULD NOT RELY SOLELY ON AI-GENERATED CONTENT OR RECOMMENDATIONS FOR ANY HEALTH, FITNESS, OR MEDICAL DECISIONS. ALWAYS USE YOUR OWN JUDGMENT AND CONSULT WITH QUALIFIED PROFESSIONALS BEFORE MAKING DECISIONS THAT COULD AFFECT YOUR HEALTH OR SAFETY. WE DO NOT GUARANTEE THE ACCURACY, RELIABILITY, OR APPROPRIATENESS OF ANY AI-GENERATED CONTENT OR RECOMMENDATIONS.

THIRD PARTY RESOURCES

Our Services might have links to or provide access to third-party sites, services, products, information, content, materials, merchandise, or other resources ("Third-Party Resources"). Third-Party Resources are there for your convenience and reference only. We don't control Third-Party Resources, so we're not responsible for them or any content they provide. Be aware that we don't guarantee or endorse Third-Party Resources, their security, or the accuracy, relevance, timeliness, completeness, or suitability of their information. We can end these links or access them anytime. Offering these links or access doesn't mean we endorse or sponsor Third-Party Resources. You're giving up any claim against us related to these Third-Party Resources. When you use Third Party Resources, you follow their terms, conditions, and policies (like their terms of service, license agreements or privacy policies). We aren’t in charge of your privacy or security when you access Third-Party Resources, even if you accessed them through our Services. If you choose to use Third-Party Resources, it's up to them to protect your personal information and handle any unauthorized use or disclosure.

Product Information and Affiliate Disclosures

If we share information about products, supplements, therapies, or other third-party offerings, it is for educational purposes only to support informed conversations with your licensed health care provider. We do not endorse, prescribe, recommend as medical treatment, or guarantee any product. If we have a partnership, affiliate agreement, sponsorship, or similar arrangement with any product or service provider, such relationship will be publicly and clearly disclosed.

SECURITY

Our Services place considerable emphasis on the privacy of medical information and compliance with State and Federal privacy laws. Our Services are configured to be secure from unauthorized access, but we do not guarantee the absolute security of our Services, and cannot be held responsible for breaches of security, including:

1. Absolute security of all electronic communication transmissions between patient and health care providers;

2. Unauthorized disclosure resulting from a user not logging out of an active session;

3. Unauthorized disclosure resulting from a lost or stolen user ID and password;

4. Unauthorized disclosure resulting from information printed by the user from our Services;

5. Unauthorized disclosure resulting from personal computer settings or installed software products that may compromise information security; or

6. Similar events outside of our substantial control.

LIMITATIONS OF LIABILITY; INDEMNIFICATION

OUR ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH US ARISING FROM YOUR USE OF OUR SERVICES IS TO DISCONTINUE YOUR USE OF OUR SERVICES. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE (I) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH OUR SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (II) FOR ANY CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR OUR DELIVERY PERFORMANCE OF OUR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF TWENTY-FIVE DOLLARS ($25.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You agree to indemnify, defend, and hold harmless Sesh Fitness App LLC DBA Sesh Diagnostics, SeshDx, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your User Content; (c) your use of our Services; (d) your violation of any rights of another person or entity; or (e) any physical injury or property damage arising from your participation in any physical activity in connection with our Services.

ARBITRATION AND CLASS ACTION WAIVER

This section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a Class Action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.

1. Informal Process First. You agree that in the event of any dispute between you and us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

2. Arbitration Agreement. Under these Terms, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of our Services, or relating in any way to the communications between you and us will be finally resolved by confidential binding arbitration administered by Judicial Arbitration and Mediation Services (“JAMS”) in Kentucky, or another forum mutually agreed upon by you and us. The arbitration will be conducted according to the JAMS Expedited Procedures for arbitration by a single arbitrator nominated jointly by you and us. If JAMS is not hearing consumer commercial disputes at the time, we may select another arbitral body at its sole discretion. The arbitrator's award will be binding and may be entered as a judgment in a court of competent jurisdiction. This clause shall not preclude us from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, or to seek injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, or patents. This arbitration agreement does not (a) govern any claim by us for infringement of our intellectual property or access to our Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. 

Opt-Out Procedure

You may opt out of the arbitration agreement by sending written notice of your decision to opt out to: Sesh Fitness App LLC DBA SeshDx, 10302 Bluegrass Parkway Suite 200 Louisville KY 40299, or by email to support@seshdiagnostics.com, within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out of the arbitration agreement, all other provisions of these Terms will continue to apply to you. Opting out of the arbitration agreement will not affect any other aspect of your relationship with us or any dispute resolution provisions that may apply.

You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a Class Action. This arbitration provision will survive any termination of these Terms.

Class Action Waiver

Any claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties waive any ability to maintain any Class Action in any forum. If the claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

If this Class Action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and us each waive any right to a jury trial.

COPYRIGHT INFRINGEMENT CLAIMS

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on or through our Services infringe on a copyright, the copyright holder (or their agent) may send us a written notice by mail or by e-mail requesting that we remove such material or block access to it. If a copyright holder believes in good faith that someone has wrongly submitted a notice of copyright infringement to us involving content that they made available through our Services, the DMCA permits that copyright holder to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.

Notices and counter-notices must be sent in writing by mail to Sesh Fitness App LLC DBA Sesh Diagnostics, 10302 Bluegrass Parkway Suite 200 Louisville KY 40299 . Notices or counter-notices may also be sent via email to support@seshdiagnostics.com.

Please be aware that individuals who submit notices or counter-notices who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, including court costs and attorneys' fees.

EXPORT LAWS

You agree that you will not directly or indirectly export or re-export our Services and/or other information or materials provided by us under these Terms, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation our Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.

U.S. GOVERNMENT RESTRICTED RIGHTS

Our Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to these Terms.

MISCELLANEOUS

These Terms constitute the entire agreement between you and us regarding your use of our Services. If any term or provision of these Terms is found to be invalid, illegal or otherwise unenforceable, such a finding will not affect the other terms of these Terms, or these Terms as a whole, but such a term or provision will be deemed modified to the extent necessary to render it enforceable, and the rights and obligations of you and us will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms. Your obligations pursuant to these Terms will survive termination of your use of the Services. The JAMS Rules and the laws of the State of Kentucky, excluding its conflicts of law rules, govern these Terms and your use of the Services.

Under California Civil Code Section 1789.3, California users of our Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

FORCE MAJEURE

SeshDx is not liable for any delay or failure in performance resulting from causes outside its reasonable control, including but not limited to third-party laboratory delays, supplier failures, acts of God, natural disasters, pandemics, government actions, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, transportation disruptions, fuel or energy shortages, or failures of telecommunications or internet infrastructure.

ACCOUNT DELETION

You may request deletion of your account and associated personal data at any time by contacting us at support@seshdiagnostics.com or through the account settings in our Services, if available. Upon receiving your request, we will delete or anonymize your personal data within a reasonable time, except to the extent we are required to retain certain information by law, for legitimate business purposes, or to complete any pending transactions. Please note that some information may persist in backup copies for a reasonable period of time and that we may retain certain information as necessary to comply with our legal obligations, resolve disputes, or enforce our agreements. Deletion of your account will result in the loss of access to your account and any associated data.

CONTACT US

You may contact us about our Services or these Terms by mail at Sesh Fitness App LLC DBA Sesh Diagnostics, 10302 Bluegrass Parkway Louisville KY 40299, or by email at support@seshdiagnostics.com.