Ada Tests Terms and Conditions
Last modified: 10 August 2022.
Welcome to Ada Health (“Ada”, “we”, “us”). These Terms and Conditions (“Terms”) govern your access and use of the Ada Test Services (as defined below) and any related websites, services, and products (together the “Services”). Please read these Terms carefully before using the Services.
The Services are exclusively available to residents of Texas, USA. You must be at least 18 years of age to use the Services.
THE SERVICES DO NOT PROVIDE MEDICAL ADVICE. PLEASE BE AWARE THAT WE PROVIDE THE SERVICES SOLELY FOR INFORMATIONAL PURPOSES. THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. YOU SHOULD NOT USE THE SERVICES FOR SELF DIAGNOSIS, NOR FOR TREATING A HEALTH PROBLEM. INSTEAD, THE SERVICES ARE TO BE USED IN CONSULTATION WITH A QUALIFIED HEALTH CARE PROVIDER. PLEASE SEEK THE ADVICE OF A QUALIFIED HEALTH CARE PROVIDER IF YOU ARE CONCERNED ABOUT YOUR HEALTH. IN CASE OF AN EMERGENCY, YOU SHOULD CONTACT EMERGENCY SERVICES IMMEDIATELY. ALWAYS CONSULT YOUR QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING ANY MEDICAL ISSUES. YOU SHOULD NEVER DISREGARD A QUALIFIED HEALTH CARE PROVIDER’S PROFESSIONAL ADVICE OR CANCEL AN APPOINTMENT WITH A QUALIFIED HEALTH CARE PROVIDER BECAUSE YOU ARE RELYING ON INFORMATION YOU HAVE RECEIVED THROUGH THE SERVICES. WE DO NOT WARRANT OR GUARANTEE THE EFFECTIVENESS OF THE SERVICES. PLEASE RELY ON ANY INFORMATION INCLUDED IN THE SERVICES AT YOUR OWN RISK.
By accessing or using the Services, you represent that you have the capacity to enter into legally binding obligations, that you are 18 years of age or older, that you are a resident of the State of Texas, that you are using the Services in your own name, and that to the best of your knowledge none of the information you have provided through the Services is untrue, inaccurate or incomplete. You further represent that you are to be bound by and comply with these Terms, and any other policies referenced herein.
Please note that we may change these Terms, or any other policies herein at any time and in our sole discretion. Any changes will be effective upon the posting of the revisions on our website. Your use of the Services will be subject to the most current version of these Terms. Your continued use of the Services constitutes your acknowledgment and acceptances of the changes.
The definition for capitalized terms contained in these Terms and Conditions can be found in Section 16 at the end of this document.
1. Providing you with the services
The Services are provided to you by Ada Health, Inc., with a registered office at 745 5th Avenue, 5th Floor, New York City, New York 10151, USA. The Services also include laboratory services provided by LetsGetChecked, Inc., with a registered office at 330 W 38th Street, 405, New York, NY 10018, USA (“Partner Laboratory”). By accepting these Terms, you acknowledge and agree that any Services you receive from the Partner Laboratory, are also subject to these Terms.
2. Protecting your privacy
3. Overview and use of the Services
3.1 Ada Web Shop and Ada Account Registration
The Services are available to you via the Ada Web Shop. To place an Order, you will need to create an Ada Account during the Ada Web Shop checkout process. If you already have an Ada Account, you may place your Order immediately via the Ada Web Shop. Please note that you will need to download the Ada App to receive your Test Results and view the Report.
3.2 Geographical Restrictions and Delivery Address
The Services are exclusively available to residents of the State of Texas. To process your Order, we will need your delivery address. Your delivery address must be accurate and in the State of Texas. We will not be liable for any loss or damage caused to you because of your failure or omission to provide us with an accurate delivery address in the State of Texas. We will not process Orders from outside the State of Texas.
3.3 Placing Order
You may place your Order via the Ada Web Shop. Please note that Products are subject to availability. We reserve the right to notify you at any time before delivery of any unavailability of a Product you Ordered. Should a Product be unavailable, we will refund you all money paid in full in accordance with our Cancellation and Refund Policy, as set forth in Section 4 of these Terms.
To process your Order, we will need your payment details and payment method. Ada accepts the following payment methods: Visa, Mastercard, American Express, Discover, Diners Club, Shop Pay, Apple Pay, Google Pay, Meta Pay. We will not hold onto your payment details and methods. By providing us with your payment details and payment method, you confirm that these are correct, that the payment method belongs to you, that there are sufficient funds available to cover your payments, and that you authorise us to deduct the full price of your Order. If the payment method you provided cannot be verified, is invalid, or is otherwise refused or not acceptable, your Order may be suspended or cancelled until you are able to resolve the issue.
Once your Order is placed, you will receive an e-mail with the Order confirmation. It is your responsibility to review the Order confirmation and notify us of any mistakes, as no refunds will be issued once your Order is shipped, other than in accordance with our Cancellation and Refund Policy, as set forth in Section 4 of these Terms.
The Product prices include the cost for standard delivery to your delivery address and laboratory testing by the Laboratory Partner. All prices listed through the Services excludes all sales tax, fees, use taxes, charges and duties levies.
3.5 Shipment and Delivery
After you place your Order, the Product(s) will be packed and shipped to you by the Partner Laboratory to the delivery address you provided. Your Order will be shipped by ordinary mail within two (2) Business Days of receipt of the Order, but actual delivery times may vary. Please note that the delivery timeframes are estimations only and we will not be liable for any loss or damage due to our failure to meet the scheduled delivery dates. Time for delivery shall not be of the essence. We do not accept any liability whatsoever for delayed delivery caused by any third party or by circumstances out of our control, including but not limited to disruption of postal services. All Orders are delivered to shipment carriers, and the risk of loss for the Orders will pass to you upon delivery to your delivery address.
3.6 Collecting and Submitting your Sample
Once you receive your Order, you will need to take a Sample and send it back to the Partner Laboratory, in accordance with the instructions provided with your Order. If you do not collect the Sample as instructed or fail to return the Sample within the instructed timeframe, we may not be able to provide you with your Test Results.
3.7 Sample Analysis and Receiving Results
The Partner Laboratory will carry out an analysis of the Sample and produce a Report explaining and presenting the Test Results to you. To receive your Test Results and view the Report, you will need to download the Ada App. If you do not download the Ada App, you will not be able to receive your Test Results and view the Report. The Services may also include receiving a phone call from the Partner Laboratory staff to provide you with relevant information about the Test Results. SHOULD YOU HAVE ANY CONCERNS ABOUT YOUR TEST RESULTS, PLEASE CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL. THE SERVICES DO NOT CONSTITUTE MEDICAL ADVICE. WE DO NOT WARRANT THE ACCURACY OF THE REPORT. PLEASE BE AWARE THAT WE PROVIDE THE ADA SERVICES SOLELY FOR INFORMATION PURPOSES. THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE.
4. Cancellation and refund policy
The Services are subject to the following cancellation and refund policy. Refunds will be made using the same original payment method for your Order. We will process refunds as soon as possible, and in any event within thirty (30) Business Days of the refund request, in accordance with the following terms:
- If you change your mind and cancel your Order before it is shipped to you, you will be eligible to receive a full refund of your Order.
- If you change your mind and cancel your Order after it is shipped to you, and within fourteen (14) Business Days of delivery to you, you will be eligible to receive a partial refund of your Order minus thirty united states dollar ($30.00).
- If a Product you ordered is or becomes unavailable before it is shipped to you, you will be eligible to receive a full refund of your Order.
- If you receive a Defective Order or Wrong Order you will be eligible to receive a replacement of your original Order, provided that in either case you notify the Partner Laboratory of the defect or mistake within five (5) Business Days of receipt of the Defective Order or Wrong Order.
5. Restriction on your use of the Services
You agree that you will not use, and will not permit any other party to use, the Services in an unlawful manner. You will not (i) attempt to reverse engineer, compile, decompile, disassemble, derives the source code of or decrypt the Services; (ii) use robots or scripts or other automatic or manual means to access the Services; (iii) disseminate viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Services; (iv) hack, gain unauthorised access, tamper or otherwise corrupt the proper function of the Services; (v) access systems, data or information that we do not intend to be made accessible to you. You will further not make available any content on the Services that (vi) is fraudulent, malicious, unlawful, unauthorized or contains defamatory or illegal information; (vii) promotes or provides instructions for illegal activities; or (viii) encourages any conduct that would constitute a criminal offense or unethical behaviour. You will also not (ix) copy the Services or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) the Services to any third party; (x) remove, obscure, or alter any proprietary notices from the Services; (xi) modify, adapt, improve, enhance or make any derivative work from our Services; or (xii) infringe or facilitate infringement of copyright, trademark or any proprietary rights.
6. Intellectual property
We are the owners or the licensees of all Intellectual Property rights in the Services, including without limitation, the text, graphics, images, photographs, artwork, video, audio, computer code, data, software, design, structure, Services’ 'look and feel', logos, slogans, trademarks, trade-names, domain names, as well as the features, functionality and the material published on the Services (together the “Content”). The Content is protected by international copyright and trademark laws. All rights not expressly granted to you in these Terms are reserved and retained by us. Your use of the Services does not grant you any rights in relation to the Content, other than as set out in this Section.
Subject to your compliance with these Terms and all applicable laws, rules, and regulations, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license to use the Services and the Content solely to access and use the Services (including the right to download your Test Results) for your personal, non-commercial use only.
You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse-engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, export, sublicense, merge, loan, rent, lease, lease, license, assign, share, outsource, host, distribute in anyway, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Content, in whole or in part, in any form or by any means whatsoever, for any public or commercial purposes, without our prior written consent.
Except as expressly provided in these Terms, nothing contained in the Services shall be construed as granting by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks, logos or any other Intellectual Property.
7. Term and termination
These Terms shall become effective from the moment you select these Terms and will continue to apply until terminated in accordance with this Section 7.
You may terminate these Terms, at any time and for any reason, by closing your Ada Account and ceasing to use the Services. In such event, we shall have no further obligation or liability to you under these Terms. We may, at any time and in our sole discretion, and without notice to you, terminate these Terms with you if: (i) you breach any provision of these Terms; (ii) we are required to do so by law; (iii) the Partner Laboratory has terminated its relationship with us; (iv) we are no longer providing the Services in the territory in which you reside; and (v) the provision of the Services is no longer commercially viable for us.
Except as otherwise provided, any obligations and duties which by their nature extend beyond the expiration or termination of these Terms shall survive the expiration or any termination of these Terms. Upon termination of these Terms, all licenses granted by us to you to use the Services will automatically terminate.
8. Limitation of liability
WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION YOUR RELIANCE ON THE ADVICE PROVIDED IN THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
OUR AGGREGATE LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE SERVICES AND IF YOU HAVE PAID NO AMOUNT, THEN TEN UNITED STATES DOLLARS ($10.00).
You agree to defend, indemnify, and hold harmless Ada and all our officers, directors, employees, contractors and agents from and against any claims, cause of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal fees, arising out of or in connection with (i) your use or misuse of the Services; (ii) your breach of these Terms; (iii) your negligence, fraud, or wilful misconduct; or (iv) your violation of any law or regulation, or any third party rights.
We reserve the right, at your expense, to assume the exclusive defence and control of any matter which you are required to indemnify against, and you agree to cooperate in our defence of such matter. This indemnification will survive any termination of these Terms.
10. Disclaimer of warranties
YOU UNDERSTAND THAT THE SERVICES ARE PROVIDED FOR YOUR OWN INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE MEDICAL ADVICE. YOU SHOULD NOT TAKE ANY ACTION BASED ON THE CONTENT PROVIDED IN THE SERVICES WITHOUT CONSULTING A QUALIFIED HEALTHCARE PROVIDER.
YOU FURTHER ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED TO YOU ON AN "AS-IS," "AS-AVAILABLE" BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY INFORMATION AVAILABLE THROUGH THE SERVICES.
11. Encrypted communications
Unless otherwise agreed, communication between you and us shall take place by e-mail via the e-mail address provided by you when setting up the Ada Account. Please note that although we do our best to protect your personal information, we cannot guarantee the security of all personal information during communication via the internet. Any such communication is at your own risk. By agreeing to these Terms, you expressly agree that the communication between you and us, may take place without restriction and without the use of additional encryption procedures via the e-mail address provided to us by you.
12. Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of New York. Any legal suit, action or proceeding arising out of, or related to the Services, shall be instituted exclusively in the courts of the State of New York. By agreeing to these Terms, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
These Terms are the only agreement between you and us regarding the Services and supersede all previous agreements, promises, representations, warranties and understandings between you and us regarding the Services. If any part of these Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms will remain in full force and effect.
Failure or delay by us to enforce any of these Terms will not constitute a waiver of our rights against you and does not affect our right to require further performance thereof.
We may assign these Terms or any part of them without restriction or condition. You may not assign or otherwise transfer these Terms or your rights under these Terms without our prior written consent, and any assignment in violation of this prohibition shall be null and void.
Nothing in these Terms shall create a partnership, agency, association, joint venture or other cooperative entity between the you and us.
Except with regard to making payments that have become due, neither you nor us shall be liable or deemed to be in default for any delay or failure in performance under these Terms for interruption of the Services (i) that was not foreseeable at the time of contracting, (ii) that is beyond the reasonable control of either you or us, and (iii) that could not reasonably be properly planned for, including but not limited to instances resulting directly or indirectly by reason of any act of nature, including any epidemic or outbreak of pandemic disease (including, without limitation, COVID-19 and any variants thereof or similar diseases), fire, flood, wind, storm, earthquake, act of government, regulatory body or state, war, act of terrorism, civil commotion, insurrection, embargo, explosion or other casualty, failures of or disruptions to telecommunications or Internet services, prevention from or hindrance in obtaining raw material, energy or other supplies, strikes, and labor disputes of whatever nature or whatever reason beyond the control of the affected party (unless such strikes and labor disputes are those of the party relying upon this section 13). Performance shall be excused for the period of time through which the affected party can reasonably be expected to resume its services following such force majeure condition no longer existing; provided, however, that if such interference still exists and has lasted for a period in excess of ninety (90) days, the unaffected party (i.e. the party not relying upon this Section 13) may, by written notice to the other party, terminate these Terms.
14. Changes to these terms
We are constantly updating and improving the Services. We reserve the right to change the Services. We may, in our sole discretion, change these Terms from time to time to reflect the changes to the Services. Any changes will be effective upon the posting of the revisions on our website. Your use of the Services will be subject to the most current version of these Terms. Your continued use of the Services after such changes are implemented constitute your acknowledgment and acceptance of the changes. If you do not agree to any changes to these Terms, please immediately discontinue your use of the Services.
15. Contact us
If you have any questions or concerns, please contact us toll free at (833) 575-0733.
In these Terms, the following terms shall have the meaning set forth below. Unless the context otherwise requires, words in the singular include the plural and vice versa and words in one gender include any other gender. Captions or headings to articles, sections or paragraphs of these Terms are inserted for convenience of reference only and shall not affect the interpretation or construction hereof.
- “Ada” means Ada Health, Inc., with a registered office at 745 5th Avenue, 5th Floor, New York City, New York 10151, USA, that provides you with the Services.
- “Ada Account” means the Ada account held by us in your name, which holds the information (including without limitation the Test Results) submitted by you to us.
- “Ada App” means the health application that is manufactured by Ada Health GmbH, with a registered office at Neue Grünstraße 17, 10179 Berlin, Germany and distributed by Ada Health, Inc.
- “Ada Web Shop” means the Ada web shop available at https://ada.com/tests/.
- “Ada Test Services” means the screening services provided by us to you, which allow you to place an Order of our Product via the Ada Web Shop, and thereafter submit a Sample for analysis to the Partner Laboratory and receive a Report of your Test Results via your Ada Account.
- “Business Days” means any day except any Saturday, any Sunday, any day which is a federal legal holiday in the United States or any day on which banking institutions in the State of New York are authorized or required by law or other governmental action to close.
- “Content” means the content of the Services made available to you including without limitation, all names, designs, graphics, images, illustrations, information, photographs, artwork, video, audio, software code, data, text, displays, the Services “look and feel”, logos, slogans, trademarks, trade-names and domain names.
- “Defective Order” means an Order that contains a visible damage, contamination or other unsatisfactory condition.
- “Intellectual Property” means trademarks, service marks, trade and business names, domain names, rights in designs, patents, copyrights, database rights, moral rights and rights in know-how and other intellectual property rights in each case whether registered or unregistered and including applications for the grant of the foregoing and all rights or forms of protection having equivalent effect to any of the foregoing, which may subsist anywhere in the world.
- “Partner Laboratory” means the partner laboratory that we select as our laboratory service provider, which as of the last date of these Terms is LetsGetChecked, Inc., with a registered office at 330 W 38th Street, 405, New York, NY 10018, USA.
- “Product” means a test kit which enables you to collect and store a Sample.
- “Order” means your offer to purchase one or more of our Products via the Ada Web Shop.
- “Report” means the medical report by the Partner Laboratory explaining your Test Results.
- “Sample” means a sample of saliva, blood, urine or stool.
- “Services” means the Ada Test Services and any related websites, services and products.
- “Terms” means these Terms and Conditions.
- “Test Results” means the results from the Partner Laboratory for the processed Sample.
- “Wrong Order” means an Order that does not correspond to the ordered Product.
- “You” means the user of the Services.