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 empowerpeople with information and resources for personal oral health and wellness.Our services include access to the Bristle website and personal testingservices, including the collection and analysis of biological samples.
Usingthe sample collection kits (“Kits”), our customers collect biological samples(a “Sample” or “Samples”) and submit them to Bristle and its partners fortesting and analysis. These Samples are subjected to a testing process thatgenerates sample data ("Sample Data"). Sample Data together withcustomer-provided information are analyzed using Bristle proprietary technologyto generate your unique test results (“Test Results”) that Bristle will use tosend you personalized recommendations to optimize your health via the Bristlewebsite located at www.bristlehealth.com, the web application at my.bristlehealth.com,email, and other methods.
Customerswill be required to create an account on Bristle web application (“BristleAccount” or “Account”) and will be asked to complete an initial questionnairein full in order to start the Sample testing process by Bristle and view theresults and recommendations sent by Bristle.
PLEASEREAD THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICE (ASDEFINED 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 toand use of our products, programs, microbiome testing service, website, dataanalysis, 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 writtenagreements you may have with Bristle separately, if any, on other matters.
Byusing the Service, accessing any content made available through the Service, orclicking to accept or agree to these Terms, where this option is made availableto you for any Service, you agree to be bound by these Terms.
Ifyou do not agree to these Terms, please immediately discontinue use of theService. Your access to and use of the Service, and any Accounts you establishin connection with the Service, are conditioned on your compliance with these Terms.If Bristle, in its sole discretion, determines that you have failed to complywith any of these Terms, it shall have the right to terminate your access toand use of the Service or any component of it and any associated Account(s)therewith immediately and without further notice.
2. Order of Precedence
Pleasenote that some features of Bristle Services may be provided under additional orseparate legal agreements or consents between Bristle and you. If that is thecase, when you first participate in or use such features, you will be providedan opportunity to review and agree to the terms that govern such Servicefeatures. If there is a conflict between these Terms and legal terms applicableto a particular Service feature the terms in such agreements will takeprecedence over these Terms with respect only to those specific Servicefeatures.
3. Revisions and Updates
Bristlereserves the right to change, revise, update, or modify these Terms or anynotices, policies, or guidelines incorporated herein at any time and in itssole discretion. Any changes or modifications will be effective as of the datestated at the top of these Terms immediately upon posting of the revisions onthe Service. Your continued use of the Service following the posting of such changedor modified Terms will constitute your acceptance of such changes ormodifications. Therefore, you should frequently review these Terms and anyapplicable policies to understand the most current terms and conditions thatapply 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 areprotected by U.S. and international copyright, trademark, trade secrets,patent, and other intellectual property laws.
6. Software and Mobile Applications
Yourrights in use of any software including any mobile applications (“Software”)that is not accompanied by a separate license agreement are governed by andsubjected to the license granted in these Terms. Your license to such Softwareis limited to use of the object code of such Software on a single computer ordevice. 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 anyright in the Software unless otherwise specifically agreed to in writingbetween you and Bristle. You agree not to modify the Software in any manner orform, or to use modified versions of the Software, including (withoutlimitation) for the purpose of obtaining unauthorized access to the Service.You agree not to access the Service by any means other than through theinterface that is provided by Bristle for use in accessing the Service. Anyrights not expressly granted herein are reserved.
7. Limited License to Use
Subjectto 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 unlessterminated by you or Bristle. You represent and agree that you are using theService for your own personal, non-commercial purpose, and that you will notredistribute, resell, or transfer the Service or the Materials.
Youagree to abide by our Terms and not to use the Service or any part of it in anymanner not expressly permitted by these Terms. Except for the rights expresslygranted to you in these Terms, Bristle grants no right, title, or interest toyou 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 separateagreement between you and Bristle.
AllBristle Software used in the Service are licensed, not sold, to you, and Bristleand its licensors retain ownership of all copies of the Bristle Software evenafter installation on your personal computers, mobile devices, tablets, and/orother applicable devices. Third party software (for example, open sourcesoftware libraries) included in the Bristle Service are licensed to you eitherunder these Terms or under the relevant third-party software library’s licenseterms as published in the Help About or Settings section of the Software or onour website.
8. Commercial Use
Anyattempt to use the Services or the Kits for non-personal or commercial purposesin violation of these Terms (including reselling, distributing, sharing, andtransferring to third parties for consideration) without the writtenauthorization of Bristle will have the effect of rendering the above licenseinvalid. Bristle reserves the discretion to refuse Registration (describedbelow) of any Kits obtained in violation of these Terms.
9. Conditions of Use
Inorder to use the Services, you must (a) be at least 18 years old or above thelegal 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 Servicesunder 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, onlyuse the Services under the supervision of a parent or legal guardian who agreesto be bound by these Term and who has submitted to Bristle the properparental/guardian consent forms. Some Bristle features associated with theServices are not offered to minors under the age of 13 or 18, even withparental/guardian consent. In such cases, Bristle restricts Registration ofthose Services or features for anyone below the age of 18, and you agree not touse such Service or Service features or cause such Service or features to beused by anyone below the age of 18.
Dueto limitations imposed by law in certain locations, use of our Service orcertain features, add-ons, and specific components of Service may not beavailable to residents of certain States within the United States and in someinternational locations.
Whenyou create a Bristle Account, you are required to provide certain Registrationinformation about yourself and about purchasing our Services (e.g. name, email,address, Kit ID, password, birthdate, and payment information).
Youmust (a) provide accurate and complete Registration information, and (b) updatesuch 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 areauthorized to, provide the information you provide for yourself or those forwhom you have legal authority to agree, when you create an Bristle Account. You are responsible for maintaining the accuracy and confidentiality ofyour Account information and password and for restricting access to suchinformation and to your computer or device. You agree to (a) immediately notifyBristle of any unauthorized access or use of your password or Account or anyother breach of security. All activities that occur under your Account orpassword, including all shipments of Kits and Services, will be yourresponsibility. You agree that Bristle will not be liable for anymis-shipments, loss or damage arising from your failure to comply with thisSection.
Whenyou purchase a Service offered by Bristle, you authorize us to charge yourcredit card or other payment method you have chosen (“Payment Method”), for allthe Services purchased (including any Kits). When you purchase a subscriptionService offered by Bristle, you authorize us to charge your Payment Method atthe time of purchase, and on a recurring basis while you maintain yoursubscription.
Iffor 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) youagree that Bristle may deactivate or suspend your subscription and/or Accountand continue to attempt to charge your Payment Method until the payments dueare received. Upon receipt of all payments due, your subscription and yourAccount will be re-activated.
Youagree that our subscription fees are subject to change, however, we agree thatwe will notify you before any changes to subscription fees. You also agree thatsubject to payment of appropriate subscription fees, you are able to changeyour existing subscription to another subscription. Bristle reserves the rightto refuse providing subscription Services to any customer or potential customerand shall not be required to provide a basis or reason for such a decision.
Yoursubscription Service will automatically renew until you cancel it or until itis terminated by Bristle. If you want to cancel or pause your subscription, youcan do so by sending an email with your name and the email address associatedwith your Bristle account to: cancel@Bristle.com. Bristle reserves the rightto request additional information for verification purposes prior to cancellingyour subscription.
11. Geographic Restrictions
Bristledoes not warrant or guarantee that the Services or any of its content, is orwill be accessible and/or legally permissible outside of the United States.
12. Charges and Billing
Whenyou 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. Youmust provide a valid Payment Method when you order Bristle Services. Yourepresent and warrant that you are authorized to use such Payment Method, andyou agree to pay all fees and charges incurred using that Payment Method byyour Account. You agree and authorize us to provide your Payment Methodinformation and related personally identifiable information (“PII”) to ourdesignated third-party service provider(s) including payment processors for theiruse in charging you for the Services ordered by you. You agree to immediatelynotify Bristle of any changes to your information, including your billingaddress or the Payment Method used for payments.
Allfees and charges for Services are exclusive of sales tax and other applicabletaxes, 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 anysales or use tax, functional equivalent of a sales tax, or other tax measuredby sales proceeds that Bristle is permitted to pass on to its customers.
Wereserve the right to accept or reject orders for Service for any reason. Priceand availability of Services are subject to change without notice.
YOUAGREE THAT ANY PAYMENT SUBMITTED BY YOU TO BRISTLE FOR SERVICES IS SUBMITTED ONBEHALF OF YOURSELF, WITHOUT EXPECTATION OF ANY REIMBURSEMENT BY THIRD-PARTYPAYERS. 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
Researchis an important aspect of our Services, and by using the Service and acceptanceof these Terms, you grant us the consent to use your information for researchand development purposes (“Research”). By using our Services, we invite you totake part in Bristle’s Research Program inspired by the opportunities toimprove the understanding and treatment of oral health conditions. By acceptingthese Terms, you are acknowledging that you have reviewed this section andunderstand the information contained herein. If you are a paying customer, youwill receive your test results and recommendations based on our analysis ofsamples and other information you provide to us, provided that you give Bristlethe requisite materials/information. The recommendations and guidance may helpyou reach your wellness goals. Bristle reserves the right to not provideresults and recommendations to non-paying study participants. The studyrecruitment letter will provide detailed information.
Inusing your information for Research, we use de-identified data (stripped ofyour personal details such as your name, contact information, and otheridentifiers) and use techniques like aggregation with information of others sothat you cannot reasonably be identified as an individual by examining thede-identified or aggregated data.
Wewill reach out to you to obtain specific consents in the event that Research orother purposes require the use of individual-level PII. Participation inResearch Studies using your individual-level PII is voluntary. In suchcases, with your consent, Bristle may use your Individual-level PII in Bristlelead clinical studies and scientific research activities identified by Bristlestudy protocols that support a specific diagnosis of a disease, development ofa treatment, or predict certain health conditions (“Research Study” or“Research Studies”).
Wemay 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 useofPersonally Identifiable Information or ask additional questions relevant to aspecific Research Study.
Ifyou consent to the use of your PII for Research Studies, you agree that yourconsent does not entail any compensation (current or future) in any way or form(cash, equity, or other).
Whenyou participate in a Research Study, you will be asked to provide salivasamples and other information about yourself via surveys, forms, and otherfeatures where you enter information through the Bristle portal.
Whenyou participate in a Research Study, we will provide you with sample kits. Youmay collect all samples at home following good hygiene practices. Bristle willprovide you with clear instructions on how to properly collect the samples. Youwill send the samples to Bristle. You may be asked to provide additionalsamples.
Bristlewill do an oral microbiome analysis to understand possible connections betweenyour oral microbiome and health conditions. You will be asked to fill outquestionnaires and surveys related to your health history.
Bristlewill 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, youmay choose to discuss with your health provider. However, it cannot beguaranteed that these recommendations will benefit your wellness. Generally, ifyou are not a paying customer we will not give you or your doctor informationabout the results of your individual participation in specific ResearchStudies. The analysis provided by Bristle is not intended, and should not beused, for treating or curing any medical condition.
Beloware answers to a few common questions regarding Research Studies:
Howmay Bristle share your samples and health information for other studies?
Wedo not provide identifiable information to third parties. If we provideinformation to third parties, we will remove all information that identifiesyou before providing it. Bristle may use health information that no longeridentifies you to do any type of research. The samples and information wecollect 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-identifiedsamples and data in other research. It won’t be possible to link theinformation or samples back to you. Information may be shared withinvestigators at other academic institutions or at commercial entities. Youwill not be asked to provide additional consent for these uses.
Howlong will my samples and data be kept?
Whatare the possible benefits from being in this Research Study?
Bristle’smission is to make and support scientific discoveries related to oral healthconditions and publish those discoveries. Discoveries made as a result of thisresearch could be used to understand the basic causes of disease, develop drugsor other treatments and/or preventive measures, or predict a person's risk ofdisease. If Bristle makes any such discoveries or sells any products orservices 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 inthis Research Study as scientific knowledge increases. By taking surveys youmay learn about Bristle's research findings, including how your answers comparewith those of others and new discoveries made by Bristle’s research program.
Whatare the risks and discomforts from being in Research Studies?
Asecurity breach could result in release of your data and/or personalinformation. For example, there is a very small chance that someone with accessto the research data or results could expose personal information about you. Bristlehas 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 dataand/or personal information wrongly released to the public.
CanI refuse to participate or withdraw from the Research Studies?
Participationin Research Studies is voluntary. Your decision won’t change the medical careyou get with your health providers now or in the future. There will be nopenalty, and you won’t lose any benefits you receive nor or have a right toreceive.
Youmay withdraw from any Research Study at any point during the process. When youwithdraw from a Research Study, no new information will be gathered from youafter that date. However, once we analyze your samples and place theinformation in the database, you will not be able to withdraw the information. Bristlemay also not provide you with the results and/or recommendations if youwithdraw from the Research Study.
Whodo I contact if I have any questions?
Ifyou have any further questions about Research Studies, have a concern aboutsafety or experience any injury from participating in Research Studies, pleasecontact studies@Bristle.com.
ACCEPTANCEOF THESE TERMS IS REQUIRED TO PARTICIPATE IN ANY RESEARCH STUDY, AND ACCEPTANCEOF 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:
Yourepresent and agree that you are solely responsible for and Bristle has noresponsibility to you or to any third party for any breach of your obligationsunder these Terms (including the Unlawful and Prohibited Use Policy), PrivacyPolicy, and other terms you have agreed to, and you are held solely liable forthe consequences (including any loss or damage which Bristle and theirlicensors or 3rd parties may suffer) due to any such breach or violation ofthese Terms. In case of violation of any one or more of these terms,representations, conditions, and policies, or Bristle has a reasonable groundto suspect that you have violated these Terms, you understand and agree that Bristlehas the right to suspend or terminate your Account, refuse any and all currentor future access to and use of the Services, and seek injunctive relief,monetary damages, and other remedies available in law and equity. In addition, Bristleis entitled to and you agree to defend and indemnify Bristle and its affiliatesagainst any claims, costs, damages, or liabilities (including but not limitedto reasonable attorney’s fees and court costs Bristle may incur) arising out ofor resulting in your breach, violation or actions as specified above.
16. Modifications, Updates, andDelays
Bristlereserves the right at any time to modify, revise, update, and discontinue theServices (or any part thereof) with or without notice. You acknowledge andagree that modifications or updates may result in delays in computations forsome features of Services.
Certainconditions 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 notprovide you with specific notices applicable to these delays. While Bristleendeavors to take commercially reasonable steps to minimize such delays, Bristleshall not be liable to you or to any third party for any such delays associatedwith the Services.
Sometimes,Bristle may not be able to process a Sample or our testing process may resultin errors due to several reasons which may include but not limited to Samplescontaining insufficient volume or the testing results not meeting our standardsfor accuracy (“Sample Failure”). This may result in unexpected delays inprocessing your Sample. On such occasions, Bristle will notify you of theSample Failure and details applicable to processing a new Sample in place ofthe failed Sample.
Youagree that processing orders from and shipping Kits to certain internationallocations may take extra time due to additional constraints applicable topayment verifications and restricted timelines given by shipping carriers. You agree that your delay in creating a Bristle Account (on the websiteor mobile application) and providing answers to the initial questionnaire infull will cause delay in starting the Sample testing process, which in turncause delay in completing your Test Results and receiving your recommendations.
17. New and Additional Features
Youacknowledge that Bristle may, from time to time, offer optional new oradditional technologies or features to the Service that may only be availableto you with an additional fee, and that you will have to pay additional fees inorder to have these features in your Services. Such features will be optionaland purchasable at your choice; you will not be charged for these featuresunless you specifically purchase them.
18. User Content
Somefeatures of our Service may include functionality enabling you to post usercontent, whether publicly posted or privately transmitted, such as profiles,posts, emails, feedback, experiences, suggestions, notes, messages, photos, andvideos (“User Content”) that you have made available to Bristle and other usersof the Service. You are solely responsible for all User Content that you chooseto post or otherwise transmit to or through the Service.
Bristlehas the right to refuse accepting or publishing any User Content. You agreethat Bristle, at its sole discretion, has the right (but not the obligation) toscreen, reject, retain, or remove any User Content, or any portion thereof,posted using the Service that infringes Bristle’s or any third party’sintellectual property or other rights, violates these Terms or our otherpolicies, or is otherwise objectionable. Bristle reserves the right to discloseany User Content as necessary to satisfy any applicable law, regulation, legalprocess or governmental request. Bristle has the right to suspend or terminatethe Service at any time without preserving your User Content.
Inusing 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 tominors, fraudulent or otherwise objectionable; (ii) would constitute, encourageor provide instructions for a criminal offense, violate the rights of anyparty, or that would otherwise create liability or violate any local, state,national or international law; (iii) may infringe any patent, trademark, tradesecret, copyright or other intellectual or proprietary right of any party; (iv)impersonates any person or entity or otherwise misrepresents your affiliationwith a person or entity; (v) contains private or confidential information ofany third party, including, without limitation, addresses, phone numbers, emailaddresses, Social Security numbers and credit card numbers; (vi) containsviruses, spyware, malware, corrupted data or other harmful, disruptive ordestructive files; (vii) in the sole judgment of Bristle, may expose Bristle toany harm or liability of any type; or (viii) harasses, degrades, intimidates oris hateful toward an individual or group of individuals for any reason andespecially on the basis of religion, gender, sexual orientation, race,ethnicity, age or disability.
Bysending 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 touse, reproduce, modify, transmit, translate, publish, publicly perform,display, distribute, commercialize, share with third parties, transmit ordistribute 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 oryou otherwise have the right to post such User Content and to grant the rightsgranted herein; (ii) the User Content is accurate and not misleading; (iii)distribution of the User Content you supply in accordance with your directiondoes not violate these Terms; and (iv) will not violate any rights of or causeinjury to any person or entity. You hereby waive any moral rights you may havein such User Content under the laws of any jurisdiction.
19. Consent to Receive Emails andNotice
Byusing the Services, you consent to receive emails from Bristle, which mayinclude commercial emails. We may use your information to send you news orproduct updates. You may “opt out” of receiving marketing or promotional emailfrom Bristle by following “unsubscribe” instructions or using “unsubscribe”links within communications we send. As long as you maintain an account, youmay not "opt out" of receiving account-related emails from Bristle.
20. Samples Collection andSubmission
Irrespectiveof the Service you purchased, or consented to use, the Kits will includedetailed instructions on Sample returns and specific timelines applicable tosuch Sample returns, Kit Registration details, and how to use the Kitscorrectly to collect and return your Samples. The Sample return policy, Samplecollection instructions, and any shipping guidelines provided with the Kits areincorporated herein by reference as part of these Terms. You are expectedto read and adhere to the terms of these instructions, policies and guidelines.
Afteryou collect your Samples, you agree to return the Samples to Bristle or itspartners according to the shipping instructions provided with the Kits, withinthe designated timelines specified in the Sample return policy, for testing andanalysis. You may collect all Samples at home. You agree to read theinstructions 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, withinsix months of the purchase date. After this time, the kit is deemed to haveexpired.
21. Samples and Test Results
Bristlewill provide you with Test Results, and personalized recommendations derivedfrom application of Bristle proprietary technology and methodologies in theanalysis of your Sample Data and other information such as self-reportedinformation you provided. You may choose to follow these recommendations aslittle or as much as you wish, or you may choose not to follow theserecommendations at all.
BiologicalSamples are processed by Bristle in an irreversible manner and they cannot bereturned to you once submitted for testing and analyzed by Bristle. Further, norefunds will be given for any Kits when the Samples have been sent to Bristlefor processing.
Datafrom your Samples will be saved on Bristle’s secure cloud servers with industrystandard privacy and security safeguards. Bristle plans to retain your Samplesand data for at least ten (10) years, but may, in its sole discretion, retainsuch Samples and data for a longer period of time. Bristle may also use TestResults for improving its data analysis methods and the artificial intelligenceengine.
22. Ownership; Use of Test Resultsand Data
23. Waiver of Rights
Youunderstand that you will not receive and you agree to waive any compensation(by way or cash, equity, use rights, or other current or future financialbenefit or reward) from Bristle as a result of having your Sample or any datarelated thereto or derived therefrom analyzed, processed, made the subject ofResearch, Research Studies, or included in studies with our collaborators,including commercial partners as stated in these Terms. You understand that byproviding any Sample, having your Sample processed, accessing your Sample, orproviding any self-reported information to Bristle, you acquire no rights in ortitle to any Research, Research Studies, or commercial products that may bedeveloped by Bristle or its collaborating partners. You specifically understandthat you will not receive compensation for any commercial products that use,include or result from Samples or any other information you provide to Bristleas part of Research and Research Studies, and you agree to waive any and allrights or claims to them.
24. User Representations
Byaccessing and using the Services, you agree to, acknowledge, and represent asfollows:
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 http://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.