Terms of Service

TERMS OF SERVICE Last Updated: July __, 2026 PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING, USING, REGISTERING FOR, OR PURCHASING THE TOTAL HEALTH SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AS A CONDITION OF YOUR USE YOU AGREE TO BE BOUND BY, THESE TERMS OF SERVICE (THE “TERMS”). IF YOU DO NOT AGREE, DO NOT USE THE SERVICES. TOTAL HEALTH DOES NOT PROVIDE MEDICAL SERVICES, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. SECTION 17 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 17. These Terms are a binding agreement between you (“you,” “your,” or “Customer”) and 5D Patient Journey, Inc. d/b/a Total Health, a Delaware corporation, together with its affiliates (“Total Health,” “we,” “us,” or “our”). 1. OUR SERVICES Total Health provides an informational and educational service that collects, aggregates, organizes, and analyzes health-related information you provide or authorize us to obtain, and generates reports, scores, insights, and educational content (collectively, the “Reports” and, together with our website, application, and platform, the “Services”). The Services and all Reports are provided for general informational and educational purposes only. They are not a substitute for professional medical advice, diagnosis, or treatment, and they are not intended to diagnose, cure, mitigate, treat, or prevent any disease or health condition. Reports are not reviewed, approved, or cleared by the U.S. Food and Drug Administration or any other regulatory body. Your use of the Services does not create a physician–patient, provider–patient, or any other clinical or professional treatment relationship between you and Total Health. Total Health is not a health care provider, is not licensed to practice medicine, and does not employ or contract with licensed clinicians to render care to you through the Services. No output of the Services constitutes the practice of medicine. Always seek the advice of your physician or another qualified health care professional with any questions you may have regarding a medical condition, test result, or any information contained in a Report. You agree that you will consult your own licensed health care provider before making any health-related decision or taking (or refraining from) any action based on the Services or a Report. Never disregard professional medical advice or delay seeking it because of something you have read or received from the Services. Reports are generated using algorithms, models, and general population data and may be incomplete, may not account for your full clinical picture, and may contain errors or inaccuracies. Total Health does not independently verify information you provide or that is obtained from third-party sources. 2. ELIGIBILITY The Services are intended only for individuals who are 18 years of age or older and located in the United States. By using the Services, you represent and warrant that you are at least 18 and that all information you provide is accurate and complete. The Services are not directed to or intended for minors. 3. YOUR ACCOUNT To use the Services you must create an account and provide accurate registration information. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately at support@trytotalhealth.com if you suspect unauthorized use. 4. SEPARATE CONSENTS AND AUTHORIZATIONS As a condition of using the Services, you must review our Privacy Policy and execute the Authorization for the Release of My Health Information to Total Health (the “Authorization”) and the Informational Services and Data Use Consent (the “Consent”), and, if applicable, any supplemental authorization we request. The Authorization and the Consent are separate, standalone agreements. They are not incorporated into these Terms, and these Terms are not incorporated into them. Each is executed separately and governs its own subject matter. Nothing in these Terms modifies, conditions, or supplements the Authorization or the Consent, and your rights to revoke the Authorization or withdraw the Consent are governed solely by those documents. The Privacy Policy and, where applicable, the Consumer Health Data Privacy Notice describe how we collect, use, and disclose your information. 5. ORDER OF PRECEDENCE If there is a conflict among the documents governing your relationship with Total Health, the following order of precedence applies, from highest to lowest: - the Authorization and any supplemental authorization, as to the release of your health information by third-party sources; - the Consumer Health Data Privacy Notice, as to consumer health data of residents of the states it covers; - the Consent, as to Total Health's collection, use, and analysis of your Health Data; - the Privacy Policy, as to all other matters concerning your information; and - these Terms, as to all other matters. The Business Associate Agreement referenced in Section 10 controls over all of the foregoing, but only in the limited circumstances in which it applies by its own terms. 6. FEES AND FUTURE CHARGES 6.1 The Services are currently free. Total Health currently provides the Services to you free of charge. We are not charging you a fee for the Services as of the date you accept these Terms. 6.2 We reserve the right to charge in the future. We reserve the right to introduce fees for the Services, or for any current or future feature, tier, product, or offering, at any time. This may include one-time charges, subscriptions, usage-based fees, or paid tiers, and may apply to features that are currently provided free of charge. 6.3 We will not charge you without notice and your agreement. We will give you advance notice before any fee applies to you, and we will not charge you unless and until you affirmatively agree to the applicable fees and payment terms at that time. Introducing a fee will not cause you to be charged automatically. Your continued use of the free Services will never, by itself, constitute your agreement to pay any fee or authorize any charge to any payment method. 6.4 Paid Services will have their own terms. If you elect to purchase any paid Services, we will present the applicable terms to you at the point of sale — including price, billing frequency, any automatic renewal and how to cancel it, cancellation, and refund terms — together with any disclosures and acknowledgments required by applicable law. Those terms will supplement these Terms and, if they conflict with these Terms as to the paid Services, those terms will control. 6.5 Free features may change. We may add, modify, limit, suspend, or discontinue any free feature at any time. We may also move a feature that is currently free to a paid tier, subject to Section 6.3. 6.6 Taxes. If we charge fees in the future, you will be responsible for any applicable taxes, as described in the terms presented to you at that time. 7. LICENSE AND ACCEPTABLE USE Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your own personal, non-commercial informational purposes. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services or any portion thereof. You agree not to: reverse engineer, scrape, or use automated means to access the Services; resell or commercially exploit the Services or Reports; use the Services to make clinical, diagnostic, treatment, insurance-underwriting, employment, credit, or other consequential decisions about any person; upload unlawful, infringing, or malicious content; or interfere with the operation or security of the Services. 8. YOUR DATA; LICENSE GRANT TO TOTAL HEALTH Your Content. “Your Content” means any information, text, files, images, survey responses, notes, messages, and other materials you provide, enter, or upload to the Services. “Health Data” has the meaning given in the Consent. Ownership. As between you and Total Health, Your Content and your Health Data remain yours. License grant. You grant Total Health a non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable license to host, store, reproduce, modify, adapt, translate, analyze, create derivative works from, and otherwise use Your Content and your Health Data in order to operate, provide, and improve the Services and for the purposes described in the Consent and the Privacy Policy. This license is limited to those purposes, and the scope of our permitted use of your identified Health Data is governed by the Consent, the Privacy Policy, and applicable law, including your rights to withdraw consent, which apply notwithstanding this license. De-identified and aggregated data. The license granted in Section 8.3 is perpetual and irrevocable as to de-identified and aggregated information created from Your Content or your Health Data, and as to Reports, models, algorithms, analyses, and other derivative works that do not identify you and cannot reasonably be linked to you. This portion of the license survives termination of these Terms, closure of your account, revocation of the Authorization, and withdrawal of the Consent. Our handling of de-identified and aggregated information, including our commitments not to re-identify you, is described in the Privacy Policy. Feedback. If you provide suggestions, ideas, or other feedback about the Services (“Feedback”), you grant Total Health a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, and sublicensable license to use and exploit the Feedback for any purpose, without compensation or attribution to you. Feedback is not confidential. 9. INTELLECTUAL PROPERTY The Services, including all software, models, algorithms, content, and the format and presentation of Reports, are owned by Total Health and protected by intellectual property laws. Your Report is yours, subject to Total Health's ownership of its intellectual property, including where such intellectual property is incorporated into your Report. 10. HIPAA BUSINESS ASSOCIATE AGREEMENT The Services are intended for individual consumers, and Total Health is not a HIPAA covered entity or, in the ordinary course, a business associate. However, if you are using the Services on behalf of a “Covered Entity” as defined by the Health Insurance Portability and Accountability Act (“HIPAA”) and choose to transmit Protected Health Information (as defined by HIPAA) using the Services, you agree that such information will be handled in accordance with our Business Associate Agreement, available at __________________________, which is incorporated into these Terms by reference solely in that circumstance and solely to that extent. You further represent that you have the authority to bind such entity to these Terms. If you are using the Services as an individual for your own personal purposes, the Business Associate Agreement does not apply to you. 11. THIRD-PARTY SOURCES AND SERVICES The Services rely on information from third-party sources you authorize us to access (for example, health care providers, laboratories, pharmacies, health plans, wearable devices, and other data sources). We do not control and are not responsible for the accuracy, completeness, availability, or practices of any third party. Your use of any third-party product or service is governed by that third party's own terms and privacy policy. 12. MOBILE APPLICATIONS AND APP STORES If you download any mobile application that we provide from a third-party app store (each, an “App Provider”), you acknowledge that these Terms are between you and Total Health only, and not with the App Provider; that the App Provider has no obligation to provide support or maintenance for the application; that the App Provider is not responsible for any claim relating to the application, including product liability, legal compliance, or intellectual property claims; and that the App Providers are third-party beneficiaries of this Section 12 and may enforce it against you. You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government restricted-party list. You must comply with all applicable third-party terms of service when using the application. 13. DISCLAIMER OF WARRANTIES THE SERVICES AND REPORTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, TOTAL HEALTH DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES OR REPORTS WILL BE ACCURATE, COMPLETE, RELIABLE, UNINTERRUPTED, OR ERROR-FREE, OR THAT THEY WILL DETECT, PREDICT, OR PREVENT ANY HEALTH CONDITION. 14. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, TOTAL HEALTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE ON THE SERVICES OR ANY REPORT. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU, AND NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. 15. INDEMNIFICATION You agree to indemnify and hold harmless Total Health from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Services, your violation of these Terms, or your violation of any law or third-party right. 16. ELECTRONIC COMMUNICATIONS AND SIGNATURES You consent to receive communications from us electronically, and you agree that (a) all agreements, consents, and authorizations may be signed or accepted electronically and (b) all notices, disclosures, and communications we provide electronically satisfy any legal requirement that they be in writing, consistent with the federal ESIGN Act and applicable state UETA. You may withdraw this consent by contacting privacy@trytotalhealth.com, but doing so may mean we can no longer provide the Services to you. 17. DISPUTE RESOLUTION; ARBITRATION; CLASS WAIVER PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. Informal resolution first. Before starting an arbitration, you and Total Health agree to try to resolve the dispute informally. The party raising the dispute must send a written Notice of Dispute to the other describing the dispute and the relief sought — to legal@trytotalhealth.com if you are the sender, or to your account email address if we are. The parties will attempt in good faith to resolve the dispute for sixty (60) days. This informal process is a condition precedent to commencing arbitration, and any applicable limitations period is tolled during it. Either party may seek to enjoin the filing or prosecution of an arbitration brought without completing this process. Agreement to arbitrate. Except as provided below, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, seated in New York, New York. Arbitration may be conducted by telephone, video, or written submissions, or in the county of your residence, at your election. Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive or equitable relief in court for infringement or misuse of intellectual property rights. Class and representative action waiver. YOU AND TOTAL HEALTH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this Section is found unenforceable as to any claim or request for relief, that claim or request must be severed and litigated in court, and the remaining claims must proceed in arbitration. Coordinated filings; batching. If twenty-five (25) or more claimants represented by the same or coordinated counsel file demands for arbitration raising substantially similar claims within a ninety (90) day period, the parties agree that the demands will be administered in batches of no more than fifty (50) claimants each, with each batch treated as a single consolidated arbitration with one arbitrator, one set of filing and administrative fees, and one hearing. The parties will cooperate with AAA to implement this batching process, and no filing or administrative fees are due for any demand until it is assigned to a batch. A court has exclusive authority to enforce this Section 17, and may enjoin the filing or prosecution of arbitrations that do not comply. Fees. Payment of filing, administrative, and arbitrator fees is governed by the AAA rules. [Consider whether you will pay claimant-side fees above a threshold; conform to AAA Consumer Rules and applicable law.] Your right to opt out. You may opt out of this Section 17 by sending written notice to privacy@trytotalhealth.com within thirty (30) days of first accepting these Terms, stating your name, the email address on your account, and that you opt out of arbitration. Opting out will not affect any other part of these Terms or your use of the Services. Survival; severability. This Section 17 survives termination of these Terms. Except as provided in Section 17, if any part of this Section 17 is found unenforceable, the remainder remains in effect. 18. GOVERNING LAW These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs Section 17. Nothing in this Section deprives you of the protection of the mandatory consumer protection laws of the state in which you reside. 19. TERMINATION 19.1 By you. You may stop using the Services and close your account at any time. If you have purchased paid Services, cancellation is governed by the terms presented to you at the point of sale, as described in Section 6.4. 19.2 By us. We may suspend or terminate your access to the Services at any time, for any reason or no reason, including for violation of these Terms or as required by law. If we terminate without cause and you have prepaid for any paid Services, we will refund the prorated unused portion of those prepaid fees. 19.3 Effect on your data. Termination or account closure does not, by itself, delete your data. Our retention and deletion practices, and your rights to request deletion, are described in the Privacy Policy and, where applicable, the Consumer Health Data Privacy Notice. De-identified and aggregated information is not subject to deletion and may be retained and used indefinitely, as described in the Privacy Policy and Section 8.4. Revoking the Authorization or withdrawing the Consent is governed by those documents. 19.4 Survival. Sections 8, 9, 13, 14, 15, 17, 18, 19, and 22 survive termination, along with any other section that by its nature should survive. 20. FORCE MAJEURE We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, epidemic, power or internet failures, or failures of third-party sources or service providers. 21. CHANGES TO THESE TERMS We may modify these Terms from time to time. Material changes will be posted with an updated “Last Updated” date and, where required by law, communicated to you. Your continued use after changes become effective constitutes acceptance. Changes to Section 17 will not apply to any dispute for which a Notice of Dispute was sent before the change took effect. 22. ENTIRE AGREEMENT; MISCELLANEOUS These Terms, together with the documents referenced in Section 5 (each of which governs its own subject matter in the order of precedence stated there), are the entire agreement between you and us regarding the Services and supersede all prior understandings. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms; we may assign them to an affiliate or successor. There are no third-party beneficiaries of these Terms except as stated in Section 12. 23. CONTACT General and account support: support@trytotalhealth.com Privacy requests: privacy@trytotalhealth.com Legal notices, Notices of Dispute, and arbitration opt-outs: privacy@trytotalhealth.com Please note that email communications are not always secure, so please do not include sensitive information in your emails to us.