Bristle Terms of Service
EFFECTIVE DATE: Aug 21, 2021
Bristle,Inc. 2299 Sacramento St. San Francisco, CA 94115
Bristle,Inc. d/b/a Bristle (“Bristle”) provides a platform and services to empower people with information and resources for personal oral health and wellness.Our services include access to the Bristle website and personal testing services, including the collection and analysis of biological samples.
Using the sample collection kits (“Kits”), our customers collect biological samples(a “Sample” or “Samples”) and submit them to Bristle and its partners for testing and analysis. These Samples are subjected to a testing process that generates sample data ("Sample Data"). Sample Data together with customer-provided information are analyzed using Bristle proprietary technology to generate your unique test results (“Test Results”) that Bristle will use to send you personalized recommendations to optimize your health via the Bristle website located at www.bristlehealth.com, the web application at my.bristlehealth.com, email, and other methods.
Customers will be required to create an account on Bristle web application (“BristleAccount” or “Account”) and will be asked to complete an initial questionnaire in full in order to start the Sample testing process by Bristle and view the results and recommendations sent by Bristle.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS,CONDITIONS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IFYOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, DO NOT USE THE SERVICE.
1. Acceptance of Terms of Service
TheseTerms of Service (“Terms”) govern your (“you” “customer” or “user”) access to and use of our products, programs, microbiome testing service, website, data analysis, Kits, collection and analysis of biological Samples (collectively, the “Service”) provided by Bristle, Inc. d/b/a Bristle (“Bristle,” “we”, or“us”).
TheseTerms do not alter in any way the terms or conditions of any prior written agreements you may have with Bristle separately, if any, on other matters.
By using the Service, accessing any content made available through the Service, or clicking to accept or agree to these Terms, where this option is made available to you for any Service, you agree to be bound by these Terms.
If you do not agree to these Terms, please immediately discontinue use of theService. Your access to and use of the Service, and any Accounts you establish in connection with the Service, are conditioned on your compliance with these Terms. If Bristle, in its sole discretion, determines that you have failed to comply with any of these Terms, it shall have the right to terminate your access to and use of the Service or any component of it and any associated Account(s)therewith immediately and without further notice.
2. Order of Precedence
Please note that some features of Bristle Services may be provided under additional or separate legal agreements or consents between Bristle and you. If that is the case, when you first participate in or use such features, you will be provided an opportunity to review and agree to the terms that govern such Service features. If there is a conflict between these Terms and legal terms applicable to a particular Service feature the terms in such agreements will take. precedence over these Terms with respect only to those specific Service features.
3. Revisions and Updates
Bristle reserves the right to change, revise, update, or modify these Terms or any notices, policies, or guidelines incorporated herein at any time and in its sole discretion. Any changes or modifications will be effective as of the date stated at the top of these Terms immediately upon posting of the revisions on the Service. Your continued use of the Service following the posting of such change dor modified Terms will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and any applicable policies to understand the most current terms and conditions that apply to your use of the Service.
5. Ownership of Service andMaterials
TheService and all designs, text, graphics, pictures, images, content, videos, packaging, formulas, ingredients, technology, know-how, information, data, recommendations, results, and software contained in or comprising of theService, except for the User Content as defined below (collectively, the“Materials”), is the property of Bristle or Bristle’s licensors and are protected by U.S. and international copyright, trademark, trade secrets, patent, and other intellectual property laws.
6. Software and Mobile Applications
Your rights in use of any software including any mobile applications (“Software”)that is not accompanied by a separate license agreement are governed by and subjected to the license granted in these Terms. Your license to such Software is limited to use of the object code of such Software on a single computer or device. You may not copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless otherwise specifically agreed to in writing between you and Bristle. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.You agree not to access the Service by any means other than through the interface that is provided by Bristle for use in accessing the Service. Any rights not expressly granted herein are reserved.
7. Limited License to Use
Subject to your compliance with these Terms, Bristle grants you a limited, non-exclusive, revocable license to make personal, non-commercial use of theService and the Materials. This license shall remain in effect until and unless terminated by you or Bristle. You represent and agree that you are using theService for your own personal, non-commercial purpose, and that you will not redistribute, resell, or transfer the Service or the Materials.
You agree to abide by our Terms and not to use the Service or any part of it in any manner not expressly permitted by these Terms. Except for the rights expressly granted to you in these Terms, Bristle grants no right, title, or interest to you or any third party in the Service or the Materials. You shall not modify, lease, sell, distribute, or create derivative works of the content of theServices or Materials, unless otherwise specifically agreed in a separate agreement between you and Bristle.
AllBristle Software used in the Service are licensed, not sold, to you, and Bristle and its licensors retain ownership of all copies of the Bristle Software even after installation on your personal computers, mobile devices, tablets, and/or other applicable devices. Third party software (for example, open source software libraries) included in the Bristle Service are licensed to you either under these Terms or under the relevant third-party software library’s license terms as published in the Help About or Settings section of the Software or on our website.
8. Commercial Use
Any attempt to use the Services or the Kits for non-personal or commercial purposes in violation of these Terms (including reselling, distributing, sharing, and transferring to third parties for consideration) without the written authorization of Bristle will have the effect of rendering the above license invalid. Bristle reserves the discretion to refuse Registration (described below) of any Kits obtained in violation of these Terms.
9. Conditions of Use
In order to use the Services, you must (a) be at least 18 years old or above the legal age of majority to form a binding contract in your country of residence, whichever is greater; (b) be a person not barred from receiving the Services under the laws of the country of residence from which you use the Services; or(c) if you are below the legal age majority in your country of residence, only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Term and who has submitted to Bristle the proper parental/guardian consent forms. Some Bristle features associated with theServices are not offered to minors under the age of 13 or 18, even with parental/guardian consent. In such cases, Bristle restricts Registration of those Services or features for anyone below the age of 18, and you agree not to use such Service or Service features or cause such Service or features to be used by anyone below the age of 18.
Due to limitations imposed by law in certain locations, use of our Service or certain features, add-ons, and specific components of Service may not be available to residents of certain States within the United States and in some international locations.
When you create a Bristle Account, you are required to provide certain Registration information about yourself and about purchasing our Services (e.g. name, email, address, Kit ID, password, birthdate, and payment information).
You must (a) provide accurate and complete Registration information, and (b) update such information from time to time using your Account as necessary to keep yourRegistration information current and accurate. By establishing an BristleAccount, you represent and warrant that you have the right to, and are authorized to, provide the information you provide for yourself or those for whom you have legal authority to agree, when you create an Bristle Account. You are responsible for maintaining the accuracy and confidentiality of your Account information and password and for restricting access to such information and to your computer or device. You agree to (a) immediately notifyBristle of any unauthorized access or use of your password or Account or any other breach of security. All activities that occur under your Account or password, including all shipments of Kits and Services, will be your responsibility. You agree that Bristle will not be liable for any mis-shipments, loss or damage arising from your failure to comply with thisSection.
When you purchase a Service offered by Bristle, you authorize us to charge your credit card or other payment method you have chosen (“Payment Method”), for all the Services purchased (including any Kits). When you purchase a subscription Service offered by Bristle, you authorize us to charge your Payment Method at the time of purchase, and on a recurring basis while you maintain your subscription.
If for any reason, Bristle does not receive payment from your Payment Method, (i)you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Bristle may deactivate or suspend your subscription and/or Account and continue to attempt to charge your Payment Method until the payments due are received. Upon receipt of all payments due, your subscription and yourAccount will be re-activated.
You agree that our subscription fees are subject to change, however, we agree that we will notify you before any changes to subscription fees. You also agree that subject to payment of appropriate subscription fees, you are able to change your existing subscription to another subscription. Bristle reserves the right to refuse providing subscription Services to any customer or potential customer and shall not be required to provide a basis or reason for such a decision.
Your subscription Service will automatically renew until you cancel it or until it is terminated by Bristle. If you want to cancel or pause your subscription, you can do so by sending an email with your name and the email address associated with your Bristle account to: firstname.lastname@example.org. Bristle reserves the right to request additional information for verification purposes prior to cancelling your subscription.
11. Geographic Restrictions
Bristle does not warrant or guarantee that the Services or any of its content, is or will be accessible and/or legally permissible outside of the United States.
12. Charges and Billing
When you purchase any Service offered by Bristle, you authorize us to charge yourPayment Method for all fees applicable to your purchase of Service includingKits and opt-in services associated with the Service if you ordered them. You must provide a valid Payment Method when you order Bristle Services. You represent and warrant that you are authorized to use such Payment Method, and you agree to pay all fees and charges incurred using that Payment Method by your Account. You agree and authorize us to provide your Payment Method information and related personally identifiable information (“PII”) to our designated third-party service provider(s) including payment processors for their use in charging you for the Services ordered by you. You agree to immediately notify Bristle of any changes to your information, including your billing address or the Payment Method used for payments.
All fees and charges for Services are exclusive of sales tax and other applicable taxes, and you are responsible for payment of any and all applicable taxes(other than taxes on Bristle income). Sales Tax as used herein shall mean any sales or use tax, functional equivalent of a sales tax, or other tax measured by sales proceeds that Bristle is permitted to pass on to its customers.
We reserve the right to accept or reject orders for Service for any reason. Price and availability of Services are subject to change without notice.
YOU AGREE THAT ANY PAYMENT SUBMITTED BY YOU TO BRISTLE FOR SERVICES IS SUBMITTED ON BEHALF OF YOURSELF, WITHOUT EXPECTATION OF ANY REIMBURSEMENT BY THIRD-PARTY PAYERS. BRISTLE DOES NOT UNDERTAKE TO SUBMIT ANY INFORMATION PROVIDED BY YOUFOR REIMBURSEMENT OR PAYMENT FROM PRIVATE INSURANCE CARRIERS, MEDICARE,MEDICAID, OR ANY OTHER THIRD-PARTY PAYERS.
13. Research and Research Studies
Research is an important aspect of our Services, and by using the Service and acceptance of these Terms, you grant us the consent to use your information for research and development purposes (“Research”). By using our Services, we invite you to take part in Bristle’s Research Program inspired by the opportunities to improve the understanding and treatment of oral health conditions. By accepting these Terms, you are acknowledging that you have reviewed this section and understand the information contained herein. If you are a paying customer, you will receive your test results and recommendations based on our analysis of samples and other information you provide to us, provided that you give Bristle the requisite materials/information. The recommendations and guidance may help you reach your wellness goals. Bristle reserves the right to not provide results and recommendations to non-paying study participants. The study recruitment letter will provide detailed information.
In using your information for Research, we use de-identified data (stripped of your personal details such as your name, contact information, and other identifiers) and use techniques like aggregation with information of others so that you cannot reasonably be identified as an individual by examining the de-identified or aggregated data.
We will reach out to you to obtain specific consents in the event that Research or other purposes require the use of individual-level PII. Participation inResearch Studies using your individual-level PII is voluntary. In such cases, with your consent, Bristle may use your Individual-level PII in Bristle lead clinical studies and scientific research activities identified by Bristle study protocols that support a specific diagnosis of a disease, development ofa treatment, or predict certain health conditions (“Research Study” or“Research Studies”).
We may reach out to you, from time to time, notifying you of the upcoming ResearchStudy opportunities, and we may also reach out to obtain consent for the use of Personally Identifiable Information or ask additional questions relevant to a specific Research Study.
If you consent to the use of your PII for Research Studies, you agree that your consent does not entail any compensation (current or future) in any way or form(cash, equity, or other).
When you participate in a Research Study, you will be asked to provide saliva samples and other information about yourself via surveys, forms, and other features where you enter information through the Bristle portal.
When you participate in a Research Study, we will provide you with sample kits. You may collect all samples at home following good hygiene practices. Bristle will provide you with clear instructions on how to properly collect the samples. You will send the samples to Bristle. You may be asked to provide additional samples.
Bristle will do an oral microbiome analysis to understand possible connections between your oral microbiome and health conditions. You will be asked to fill out questionnaires and surveys related to your health history.
Bristle will analyze your data and will send you a report if you are a paying customer.If the report has information that may be important to your medical health, you may choose to discuss with your health provider. However, it cannot be guaranteed that these recommendations will benefit your wellness. Generally, ifyou are not a paying customer we will not give you or your doctor information about the results of your individual participation in specific ResearchStudies. The analysis provided by Bristle is not intended, and should not be used, for treating or curing any medical condition.
Below are answers to a few common questions regarding Research Studies:
How may Bristle share your samples and health information for other studies?
We do not provide identifiable information to third parties. If we provide information to third parties, we will remove all information that identifies you before providing it. Bristle may use health information that no longer identifies you to do any type of research. The samples and information we collect in a Research Study may help advance other research. If you join aResearch Study, we may remove all information that identifies you (for example, your name, medical record number, date of birth) and use these de-identified samples and data in other research. It won’t be possible to link the information or samples back to you. Information may be shared with investigators at other academic institutions or at commercial entities. You will not be asked to provide additional consent for these uses.
How long will my samples and data be kept?
What are the possible benefits from being in this Research Study?
Bristle’s mission is to make and support scientific discoveries related to oral health conditions and publish those discoveries. Discoveries made as a result of this research could be used to understand the basic causes of disease, develop drugs or other treatments and/or preventive measures, or predict a person's risk of disease. If Bristle makes any such discoveries or sells any products or services as a result of a Research Study, you will not receive any payment.However, you and many others may benefit in the future from what we learn in this Research Study as scientific knowledge increases. By taking surveys you may learn about Bristle's research findings, including how your answers compare with those of others and new discoveries made by Bristle’s research program.
What are the risks and discomforts from being in Research Studies?
A security breach could result in release of your data and/or personal information. For example, there is a very small chance that someone with access to the research data or results could expose personal information about you. Bristle has policies and practices in place to minimize the chances of such an event.You will be notified of any known security breach that results in your data and/or personal information wrongly released to the public.
CanI refuse to participate or withdraw from the Research Studies?
Participation in Research Studies is voluntary. Your decision won’t change the medical care you get with your health providers now or in the future. There will be no penalty, and you won’t lose any benefits you receive nor or have a right to receive.
You may withdraw from any Research Study at any point during the process. When you withdraw from a Research Study, no new information will be gathered from you after that date. However, once we analyze your samples and place the information in the database, you will not be able to withdraw the information. Bristle may also not provide you with the results and/or recommendations if you withdraw from the Research Study.
Who do I contact if I have any questions?
If you have any further questions about Research Studies, have a concern about safety or experience any injury from participating in Research Studies, please contact email@example.com.
ACCEPTANCE OF THESE TERMS IS REQUIRED TO PARTICIPATE IN ANY RESEARCH STUDY, AND ACCEPTANCE OF THESE TERMS SHALL BE DEEMED CONSENT TO PARTICIPATE.
14. Unlawful and Prohibited UsePolicy
Asa condition for using the Service, you represent and agree not to engage in anyof the following activities that are unlawful or prohibited by these Terms:
You represent and agree that you are solely responsible for and Bristle has no responsibility to you or to any third party for any breach of your obligations under these Terms (including the Unlawful and Prohibited Use Policy), PrivacyPolicy, and other terms you have agreed to, and you are held solely liable for the consequences (including any loss or damage which Bristle and their licensors or 3rd parties may suffer) due to any such breach or violation of these Terms. In case of violation of any one or more of these terms, representations, conditions, and policies, or Bristle has a reasonable ground to suspect that you have violated these Terms, you understand and agree that Bristle has the right to suspend or terminate your Account, refuse any and all current or future access to and use of the Services, and seek injunctive relief, monetary damages, and other remedies available in law and equity. In addition, Bristle is entitled to and you agree to defend and indemnify Bristle and its affiliates against any claims, costs, damages, or liabilities (including but not limited to reasonable attorney’s fees and court costs Bristle may incur) arising out of or resulting in your breach, violation or actions as specified above.
16. Modifications, Updates, andDelays
Bristle reserves the right at any time to modify, revise, update, and discontinue theServices (or any part thereof) with or without notice. You acknowledge and agree that modifications or updates may result in delays in computations for some features of Services.
Certain conditions and circumstances associated with the business operations of theService may result in unexpected delays in shipping Kits or processing, testing, and analysis of the Samples you have returned. Bristle may or may not provide you with specific notices applicable to these delays. While Bristle endeavors to take commercially reasonable steps to minimize such delays, Bristle shall not be liable to you or to any third party for any such delays associated with the Services.
Sometimes,Bristle may not be able to process a Sample or our testing process may result in errors due to several reasons which may include but not limited to Samples containing insufficient volume or the testing results not meeting our standards for accuracy (“Sample Failure”). This may result in unexpected delays in processing your Sample. On such occasions, Bristle will notify you of theSample Failure and details applicable to processing a new Sample in place of the failed Sample.
You agree that processing orders from and shipping Kits to certain international locations may take extra time due to additional constraints applicable to payment verifications and restricted timelines given by shipping carriers. You agree that your delay in creating a Bristle Account (on the website or mobile application) and providing answers to the initial questionnaire in full will cause delay in starting the Sample testing process, which in turn cause delay in completing your Test Results and receiving your recommendations.
17. New and Additional Features
You acknowledge that Bristle may, from time to time, offer optional new or additional technologies or features to the Service that may only be available to you with an additional fee, and that you will have to pay additional fees in order to have these features in your Services. Such features will be optional and purchasable at your choice; you will not be charged for these features unless you specifically purchase them.
18. User Content
Some features of our Service may include functionality enabling you to post user content, whether publicly posted or privately transmitted, such as profiles, posts, emails, feedback, experiences, suggestions, notes, messages, photos, and videos (“User Content”) that you have made available to Bristle and other users of the Service. You are solely responsible for all User Content that you choose to post or otherwise transmit to or through the Service.
Bristle has the right to refuse accepting or publishing any User Content. You agree that Bristle, at its sole discretion, has the right (but not the obligation) to screen, reject, retain, or remove any User Content, or any portion thereof, posted using the Service that infringes Bristle’s or any third party’s intellectual property or other rights, violates these Terms or our other policies, or is otherwise objectionable. Bristle reserves the right to disclose any User Content as necessary to satisfy any applicable law, regulation, legal process or governmental request. Bristle has the right to suspend or terminate the Service at any time without preserving your User Content.
In using the Service, you agree not to post any User Content that (i) is false, deceptive, deceitful, misleading, unauthorized, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, harmful to minors, fraudulent or otherwise objectionable; (ii) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; (iii) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (iv)impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (v) contains private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (vi) contains viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files; (vii) in the sole judgment of Bristle, may expose Bristle to any harm or liability of any type; or (viii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals for any reason and especially on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
By sending User Content, you grant Bristle and its affiliates a perpetual, irrevocable, worldwide, royalty-free, freely transferable and sub-licensable(through unlimited levels of sublicense) non-exclusive license and right to use, reproduce, modify, transmit, translate, publish, publicly perform, display, distribute, commercialize, share with third parties, transmit or distribute over public network and media, and create derivative works of suchUser Content for purposes specified in these Terms and for delivering theService to you and other users of the Service. You represent and warrant that:(i) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content and to grant the rights granted herein; (ii) the User Content is accurate and not misleading; (iii)distribution of the User Content you supply in accordance with your direction does not violate these Terms; and (iv) will not violate any rights of or cause injury to any person or entity. You hereby waive any moral rights you may have in such User Content under the laws of any jurisdiction.
19. Consent to Receive Emails andNotice
By using the Services, you consent to receive emails from Bristle, which may include commercial emails. We may use your information to send you news or product updates. You may “opt out” of receiving marketing or promotional email from Bristle by following “unsubscribe” instructions or using “unsubscribe”links within communications we send. As long as you maintain an account, you may not "opt out" of receiving account-related emails from Bristle.
20. Samples Collection andSubmission
Irrespective of the Service you purchased, or consented to use, the Kits will include detailed instructions on Sample returns and specific timelines applicable to such Sample returns, Kit Registration details, and how to use the Kits correctly to collect and return your Samples. The Sample return policy, Sample collection instructions, and any shipping guidelines provided with the Kits are incorporated herein by reference as part of these Terms. You are expected to read and adhere to the terms of these instructions, policies and guidelines.
After you collect your Samples, you agree to return the Samples to Bristle or its partners according to the shipping instructions provided with the Kits, within the designated timelines specified in the Sample return policy, for testing and analysis. You may collect all Samples at home. You agree to read the instructions carefully, use Kits according to the accompanying instructions foreach Kit, and to follow good hygiene practices when collecting Samples.
YourKit must be used, and your Sample be returned to Bristle for processing, within six months of the purchase date. After this time, the kit is deemed to have expired.
21. Samples and Test Results
Bristle will provide you with Test Results, and personalized recommendations derived from application of Bristle proprietary technology and methodologies in the analysis of your Sample Data and other information such as self-reported information you provided. You may choose to follow these recommendations as little or as much as you wish, or you may choose not to follow these recommendations at all.
Biological Samples are processed by Bristle in an irreversible manner and they cannot be returned to you once submitted for testing and analyzed by Bristle. Further, no refunds will be given for any Kits when the Samples have been sent to Bristlefor processing.
Data from your Samples will be saved on Bristle’s secure cloud servers with industry standard privacy and security safeguards. Bristle plans to retain your Samples and data for at least ten (10) years, but may, in its sole discretion, retain such Samples and data for a longer period of time. Bristle may also use TestResults for improving its data analysis methods and the artificial intelligence engine.
22. Ownership; Use of Test Results and Data
23. Waiver of Rights
You understand that you will not receive and you agree to waive any compensation(by way or cash, equity, use rights, or other current or future financial benefit or reward) from Bristle as a result of having your Sample or any data related thereto or derived therefrom analyzed, processed, made the subject of Research, Research Studies, or included in studies with our collaborators, including commercial partners as stated in these Terms. You understand that by providing any Sample, having your Sample processed, accessing your Sample, or providing any self-reported information to Bristle, you acquire no rights in or title to any Research, Research Studies, or commercial products that may be developed by Bristle or its collaborating partners. You specifically understand that you will not receive compensation for any commercial products that use, include or result from Samples or any other information you provide to Bristle as part of Research and Research Studies, and you agree to waive any and all rights or claims to them.
24. User Representations
By accessing and using the Services, you agree to, acknowledge, and represent as follows:
a)You understand that Bristle does not provide medical or dental advice throughits Services;
b)You understand that the Test Results, insights, recommendations, andinformation you received or learned from using the Service are not designed toindependently diagnose, prevent, or treat any condition or disease or to ascertainthe state of your health or treatment thereof in the absence of specificmedical or dental advice and clinical diagnosis;
c)You understand that the Test Results included in any Services, and associatedrecommendations are intended for research, guidelines, informational, andeducational purposes only, and that while this information might point to apossible diagnosis or treatment, it should always be confirmed and supplementedby specific medical, dental, and clinical testing results; and
Byusing the Kits and accepting these Terms, you also agree to the following:
i)Receiving the notice on the risks associated with use of the Kits, and you usethem at your own risk; ii) You are required to carefully read and follow theapplicable instructions for use of Kits and obtaining Samples exactly as statedin each Kit or a component of a Kit; iii) Receipt of safety precautionsincluded in each Kit or component of a Kit; v) Follow the applicable timelinesfor return of Samples as specified in the Kit and Sample return policy; vi)Acknowledge and agree that the form and nature of the Services which Bristleprovides may change from time to time without prior notice to you; and vii) Aspart of continuing innovation, Bristle may change or stop (permanently ortemporarily) providing some Services (or any features within the Services) at Bristle’ssole discretion, without prior notice to you.
TheseTerms will continue to be effective until terminated by either you or Bristleas set out in this section. You may terminate your legal agreement with Bristle,by notifying Bristle at any time in writing, along with a request to close yourAccount for the Services. Your notice should be sent, in writing, by emailaddressed to: [support@Bristle.com]. Upon receipt of a notice online (byemail), Bristle will send you an email asking for confirmation of your request,and your notice will be effective following receipt of a second email from youby Bristle confirming that you are requesting closure of your Account, and Bristleconfirming such closure.
Bristlemay at any time, terminate its agreement and Accounts with you if: (i) you havebreached any of these Terms; (ii) Bristle is required to do so by law (iii) BristleService partner has terminated its relationship with Bristle or ceased to offerthe Services to you; (iv) Bristle is no longer providing the Services to usersin your location; or (v) provision of Services to you is no longer commerciallyviable.
Youacknowledge and agree that Bristle shall not be liable to you or any thirdparty for its termination of this agreement, your Account, or access to theServices.
Whenthese Terms come to an end, all of the legal rights, obligations, andliabilities that you and Bristle have benefited from, been subject to, or thathave accrued over time while these Terms have been in force or that wereexpressed to continue indefinitely, shall be unaffected by this termination,and shall continue to apply to such rights, obligations, and liabilitiesindefinitely.
26. Possible Risks andConsiderations
Byutilizing the Services, you represent that you are aware of the potential risksassociated with use of the Services, including use of the Kits and thecollection and submission of Samples to Bristle.
Somepotential risks associated with using the Kits are as follows:
i)You may feel discomfort or embarrassment when collecting Samples; ii) You mayreceive diet, supplements, and recommendations indicating foods or supplementsto which you are allergic or sensitive. If you have a known or suspectedallergy or sensitivity, you should not follow these recommendations; iii) Aspecific health or medical condition(s) you may have may not get better or mayget worse and you may develop new conditions; iv) Some survey questions maymake you or your family members uncomfortable; v) Some of the results andinformation you receive may generate strong emotions; vi) A rare securitybreach or failure to follow certain protocol in spite of all the measuresemployed by us against such could result in unauthorized disclosure of yourdata such as PII; vii) You may learn information about yourself that promptsyou to consult or follow-up with your physician. You will be fully responsiblefor the costs of this follow-up testing, consulting, and any resultingtreatment; viii) You may find out information about yourself that will causeyou to worry or become anxious; ix) There can be adverse health effects if youfail to follow exactly the instructions given with the Kits for collectingSamples or Supplements sent to you; x) Bristle will not provide any payment ortreatment if you have an injury while collecting Samples x) The recommendationsprovided to you may or may not be beneficial to you; it may cause or exacerbatecertain medical conditions or problems; and xi) There may be other unknown oradditional risks to using the Services that are not foreseeable at present.
27. Warnings & Limitations
Byusing our Services, you agree to receipt of the following warnings andlimitations applicable to Test Kits or the Supplements, and you assume therisks associated with using any Kits or Supplements not in accordance withthese warnings:
i.If you have certain medical conditions or are using medications, you agree touse the Kits and Supplements only after consulting your physician ii. If you oryour child feel unwell, ill, or experience any adverse reactions following theuse of Supplements, you agree to seek medical help immediately and discontinuefurther use of such Supplements until after your physician clears them for useagain iii. In case of accidental overdose, misuse, or allergic reactionsexperienced by you or your child, you agree to seek immediate medical help asnecessary iv. If you suffer from a congenital or acquired blood-clottingdisorder, or take an anticoagulant medication, you agree to use the Kit onlyafter consulting your physician. The preservative in the Sample tubes insidethe Kits may pose certain health risks; you agree to follow the instructionsthat accompany each Kit on steps to follow in case of accidents or misuse.
ANYINFORMATION PROVIDED WITH THE KITS IS NOT INTENDED TO REPLACE A RELATIONSHIPWITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. YOU SHOULD ALWAYS SEEK THEADVICE OF YOUR PHYSICIAN BEFORE STARTING, STOPPING OR MODIFYING ANYPHYSICIAN-PRESCRIBED TREATMENTS OR MEDICATIONS.
28. Returns and Refund Policy
Subjectto certain exceptions as specified below, we offer a full refund for BristleServices (i.e. Kits) in the amount of the actual purchase price paid to Bristle(“purchase price”) including any shipping and handling cost plus tax, if any,provided that the order is canceled within twenty four (24) hours of thepurchase.
Ifa refund is requested after twenty four (24) hours but within fourteen (14)days of purchase of a Kit, if the Sample is not returned to Bristle, we offer arefund in the amount of the Kit purchase price minus a $25 (USD) processingfee. The shipping and handling cost plus tax (if any and where applicable) arenon-refundable.
Torequest a refund, please send a request to Bristle Customer Service using theinformation specified below.
Submitonline by email to support@Bristle.com.
Refundrequests received within fourteen (14) days of the purchase date of a Kit willbe issued within forty-five (45) days of the date of request.
Norefunds will be available on requests received after the expiration of fourteen(14) days of the date of purchase of a Kit. Also, no refund will be availableif Bristle determines, in its sole discretion, that you have violated any ofthese Terms.
29. Kit Replacement Policy
Upona customer’s request, Bristle may ship a replacement Kit due to non-usability,damage, or defect, provided that you have not submitted your Sample using theKit subject to replacement and that the Kit being replaced is purchased withinthe last twelve (12) months period (“Kit Replacement Policy”). Bristle will notcharge any fees in connection with this replacement if it is determined thatthe cause for such replacement is attributable solely to Bristle (such as, yourSample fails testing and a new Sample is needed or the Kit is damaged). To makea request for Kit replacement, please contact our Customer Service by using theinformation specified below.
Submitonline by email to support@Bristle.com.
AllBristle trademarks, service marks, trade names, logos, domain names, and anyother features of the Bristle brand are the sole property of Bristle or itslicensors. These Terms do not grant you any rights to use any Bristle trademarksor brand features whether for commercial or non-commercial use.
Bristle™,all Bristle associated logos, products and service names together with anyother Bristle trade names, service marks, logos, domain names, taglines, andother distinctive brand features are the trademarks or registered trademarks ofBristle Inc. in the U.S. and in other countries. All other trademarks, servicemarks, and logos used in connection with our Services are the sole propertiesof their respective owners, and they are being used herein under licensesreceived by Bristle from their owners.
Unlessyou have specifically agreed otherwise in writing with Bristle, other than thelimited license specified herein, nothing in these Terms or Service gives you aright to use any Bristle marks or the third party marks, and you agree not todisplay or use Bristle marks or the marks of their licensors used in connectionwith our Service in any manner.
Youagree that you shall not remove, obscure, or alter any proprietary rights, marks,attributions, or notices that may be affixed to or contained in the Services.
Unlessotherwise expressly authorized in writing, you agree that in using theServices, you will not use any trademark, service mark, trade name, or logo of Bristleor any of its licensors in a way that is likely or intended to cause confusionabout the owner or authorized user of such marks, names, or logos.
31. Copyright Policy
Bristlerespects the intellectual property rights of others and expects users of ourService to do the same. We will respond to notices of alleged copyrightinfringement that comply with applicable law and are provided to us inaccordance with applicable law. If you believe that your copyrighted materialshave been copied in a way that constitutes copyright infringement, please sendus a notice with the following information: (i) a physical or electronicsignature of the copyright owner or a person authorized to act on their behalf;(ii) identification of the copyrighted work claimed to have been infringed;(iii) identification of the material that is claimed to be infringing or to bethe subject of infringing activity and that is to be removed or access to whichis to be disabled, and information reasonably sufficient to permit us to locatethe material; (iv) your contact information, including your address, telephonenumber, and an email address; (v) a statement by you that you have a good faithbelief that use of the material in the manner complained of is not authorizedby the copyright owner, its agent, or the law; and (vi) a statement that theinformation in the notification is accurate, and, under penalty of perjury,that you are authorized to act on behalf of the copyright owner.
Wereserve the right to remove content alleged to be infringing without priornotice and at our sole discretion. In appropriate circumstances, Bristle willalso terminate a user’s account if the user is determined to be a repeatinfringer. Our designated copyright agent for notice of alleged copyrightinfringement appearing in connection with the Service is:
SUBMIT VIA EMAIL:
Attn:Legal Department (Copyrights)Bristle Inc.2299 Sacramento St. San Francisco, CA94115
32. Warranty Disclaimer
THESERVICE IS NOT A SUBSTITUTE FOR, AND DOES NOT PROVIDE, MEDICAL ADVICE OR CLAIMTO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR ILLNESS. THE SERVICE ANDTHE INFORMATION ON BRISTLE WEBSITE IS PROVIDED FOR EDUCATIONAL, INFORMATIONAL,AND ENJOYMENT PURPOSES ONLY WITH THE UNDERSTANDING THAT BRISTLE IS NOT ENGAGEDIN RENDERING MEDICAL OR DENTAL ADVICE OR RECOMMENDATION AND IS NOT TO BE USEDFOR THE DIRECTION OF OR CARE OF INDIVIDUAL PATIENTS UNLESS OTHERWISE EXPLICITLYSPECIFIED OR AGREED.
THESERVICE IS GENERAL IN NATURE AND IS NOT INTENDED FOR ANY PARTICULAR PURPOSE,INCLUDING, IN ANY WAY, TO BE A SUBSTITUTE FOR A MEDICAL OR DENTAL EXAMINATIONOR ANY PROFESSIONAL MEDICAL OR DENTAL ADVICE, MEDICAL OR DENTAL OPINION,DIAGNOSIS OR TREATMENT, SYMPTOM ASSESSMENT, OR HEALTH COUNSELING FOR ITS USERS.ALWAYS SEEK THE ADVICE OF APPROPRIATELY QUALIFIED AND REGULATED HEALTHCAREPROVIDERS WITH ANY QUESTIONS YOU MAY HAVE WITH REGARD TO A SPECIFIC MEDICAL ORDENTAL CONDITION FOR TREATMENT OF WHICH YOU ARE CONCERNED. IT IS IMPORTANT NOTTO DISREGARD OR DELAY SEEKING CONSULTATIVE MEDICAL OR DENTAL ADVICE BECAUSE OFSOMETHING YOU HAVE READ OR VIEWED WHILE USING THE SERVICE. RELIANCE ON ANYINFORMATION PROVIDED BY THE SERVICE IS SOLELY AT YOUR OWN RISK AND YOU ASSUMEFULL RESPONSIBILITY FOR THE USE OF THE SERVICE AND ITS INFORMATION.
THESERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIESOF ANY KIND, EITHER EXPRESS OR IMPLIED. BRISTLE DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE ANDNON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS OF THE SERVICE. BRISTLEDOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATIONAVAILABLE IN OR ON THE SERVICE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT ORERROR-FREE. TO THE EXTENT PERMITTED BY LAW, BRISTLE MAKES NO WARRANTY ORREPRESENTATION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THEQUALITY, CONDITION, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SUCHSERVICES. BRISTLE IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATIONOR MATERIALS CONTAINED IN OR ON THE SERVICE OR ACCESSED THROUGH THE SERVICE.WHILE BRISTLE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, BRISTLECANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S), ORANY CONTENT OR MATERIALS OF THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFULCOMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECTAND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISEUNDESIRABLE COMPONENTS WHEN ACCESSING THE SERVICE.
ANYINFORMATION CONTAINED HEREIN, OR ON BRISTLE SERVICES IS NOT INTENDED TO REPLACEA RELATIONSHIP WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. ALWAYS SEEKTHE ADVICE OF YOUR PHYSICIAN BEFORE STARTING, STOPPING OR MODIFYING ANYPHYSICIAN-PRESCRIBED TREATMENT OR MEDICATION.
33. Limitation of Liability
INNO EVENT SHALL BRISTLE OR ANY OF ITS CORPORATE AFFILIATES, SUCCESSORS,INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIRRESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECTOR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OFPROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, WARRANTY, TORT(INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE,ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THESERVICE OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE,INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTINGFROM RELIANCE ON ANY INFORMATION OBTAINED FROM BRISTLE, OR THAT RESULT FROMMISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS,DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OFPERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE,PUBLIC HEALTH CRISIS, PANDEMIC, LOCKDOWNS, EMERGENCY LAWS, THEFT, DESTRUCTIONOR UNAUTHORIZED ACCESS TO BRISTLE’S SERVICE OR BRISTLE’S RECORDS. TO THE EXTENTPERMITTED BY LAW, THE AGGREGATE LIABILITY OF BRISTLE, WHETHER IN CONTRACT,WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED),PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATINGIN ANY MANNER TO THE USE OF THE SERVICE, SHALL NOT EXCEED ANY FEES YOU PAID TO BRISTLE.IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BRISTLE, SUCH AMOUNT SHALL BE ONEHUNDRED DOLLARS ($100). CERTAIN JURISDICTIONS MAY NOT ALLOW SOME OF THEEXCLUSIONS OR LIMITATIONS OF LIABILITY SPECIFIED ABOVE, AND THEREFORE,DEPENDING ON YOUR LOCATION, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOTBE APPLICABLE TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIACIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TOCLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HI FAVOR AT THETIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLYAFFECTED HI SETTLEMENT WITH THE DEBTOR.”
YOUAGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTHABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BRISTLE ANDYOU.
Youagree to defend, indemnify and hold harmless Bristle, its corporate affiliates,independent contractors, service providers and consultants, and each of theirrespective directors, employees, and agents, from and against any claims,damages, costs, liabilities, and expenses (including, but not limited to,reasonable attorneys’ fees) arising out of or related to your use of theService, including without limitation any actual or threatened suit, demand, orclaim arising out of or relating to the use of customer content, theinformation supplied by you to Bristle or to you by Bristle, the conduct ofyour health care provider, your conduct, your violation of these Terms, or yourviolation of the rights of any third party.
35. Dispute Resolution
Anycontroversy or claim between the parties or arising out of these Terms or anyuse of the Service shall be determined by one disinterested arbitrator inbinding arbitration pursuant to the Commercial Arbitration Rules and theSupplementary Procedures for Online Arbitration of the American ArbitrationAssociation (the “AAA”). The selected arbitrator shall be experienced inagreements for information technology services, either as an attorney or as aninformation technology professional. If the parties fail to appoint anarbitrator within forty-five (45) days of the institution of the arbitration,the AAA shall select the arbitrator promptly thereafter. Any requests foraccelerated, emergency, or preliminary relief shall be submitted pursuant tothe AAA’s Optional Rules for Emergency Measures of Protection. If any suchrequests are made before an arbitration panel is empaneled, the AAA shallappoint one disinterested arbitrator as an arbitration panel to immediatelyhear and decide such requests. The arbitration panel shall have the right togrant interim awards. Testimony shall be permitted by telephone,videoconference, and other forms of real-time communications. If the arbitratorrequires in-person hearings, the hearings shall be held in San Francisco, California.The arbitral award will be final and binding and may be entered and enforced inany court of competent jurisdiction. In no event shall any claim, action orproceeding related in any way to the Service be instituted more than two (2)years after the cause of action arose.
36. Waiver of Jury Trials and ClassActions
BYENTERING INTO THESE TERMS, YOU AND BRISTLE ACKNOWLEDGE AND AGREE TO WAIVECERTAIN RIGHTS TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS ACLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN AREPRESENTATIVE CAPACITY.
Bristlenotices to you may be made via email or regular mail to the email address orhome address then on file. Bristle may also provide notices of changes to theseTerms by displaying them on or through the Services. Any notices that youprovide to us without compliance with this section on Notices shall have nolegal effect. Unless otherwise specifically provided for, any official noticesto Bristle related to these Terms must be sent to:
SUBMIT VIA EMAIL:
Attn:Legal Department (Notices) Bristle Inc. 2299 Sacramento St. San Francisco, CA94115
38. Applicable Law
TheseTerms and the resolution of any dispute related to these Terms or the Serviceshall be governed by and construed in accordance with the laws of the State of California,United States of America, without giving effect to that state’s principles ofconflicts of laws. The federal and state courts of the State of Californiashall have exclusive jurisdiction over all claims.
Ifany of these Terms should be determined to be invalid, illegal or unenforceablefor any reason by any court of competent jurisdiction then such term shall beenforced only to the extent it is enforceable and the remaining terms shallsurvive and remain in full force and effect and continue to be binding andenforceable.
Neitherparty may assign this Agreement without the written consent of the other andany attempt to do so shall be void; provided however that Bristle may assignthis Agreement as part of a merger or acquisition of substantially all of itsassets or stock.
Youagree that no joint venture, partnership, employment, or agency relationship iscreated by these Terms between you and Bristle.
Nowaiver of any term, provision or condition of these Terms, whether by conductor otherwise, in any one or more instances, shall be deemed to be, or shallconstitute, a waiver of any other term, provision or condition hereof, whetheror not similar, nor shall such waiver constitute a continuing waiver of anysuch term, provision or condition hereof. No waiver shall be binding unlessexecuted in writing by the party making the waiver.
43. Force Majeure
Ifthe performance of any part of these Terms by either party is prevented,hindered, delayed or otherwise made impracticable by reason of any flood, riot,fire, pandemic, public health crisis, judicial or governmental action,emergency, labor disputes, act of God or any other causes beyond the control ofeither party, that party shall be excused from such to the extent that it isprevented, hindered or delayed by such causes.
44. Entire Agreement
TheseTerms constitute the complete and exclusive terms of the agreement between theparties with respect to the use of the Service and any acts or omissions of Bristle,and supersedes any and all prior or contemporaneous communications,representations, statements and understandings, whether oral or written,between the parties with respect to the subject matter thereof.
The information provided by Bristle, Inc. (“we,” “us” or “our”) on https://www.bristlehealth.com (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.