Terms & Conditions

Last revised October 18, 2023.
Version 1.0.
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These terms and conditions of use (“Terms of Service” or “Terms”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Muse Health, Inc. (referred to as “Muse”, “we,” “us,” and “our”), including the www.museyourhealth.com, and any future websites (collectively, the “Site”), as well as the Services (as defined below), resources, and products available to Users through the Site. The terms “you” and “your” means you and any other person accessing your Muse Account or visiting the Site. 
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Your acceptance of, and compliance with, these Terms is a condition to your use of our Site and Services and purchase of our Products. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.
IMPORTANT: Sections 35 and 36 of these Terms contain a mandatory arbitration provision and other dispute resolution agreements that require the use of arbitration on an individual basis and limits the remedies available to you and Muse in the event of certain disputes. That means that you and Muse are each giving up rights to sue each other in court or in class actions of any kind.
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Binding Arbitration. Sections 35 and 36 of these Terms of Service provide that all disputes between you and Muse that in any way relate to these Terms or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHT UNDER THESE TERMS. Your individual rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Sections below related to Dispute Resolution and Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Muse.
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Muse provides a platform and services to empower women with information and resources for personal wellness and care. Our services include access to the Muse website, personal testing services, including the collection and analysis of biological samples and individualized recommendations . Muse is not intended for medical emergencies or mental health crisis situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Site. If you are experiencing a medical emergency should dial 911 immediately and notify relevant authorities. For mental health crisis situations, dial 988Using the sample collection kits (“Kits”), our customers collect biological samples (a “Sample” or “Samples”) and submit them to Muse 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 Muse’s proprietary technology to generate your unique test results (“Test Results”) that Muse will use to send you personalized recommendations to optimize your health via the Muse website located at www.museyourhealth.com, email, and other methods.
MUSE IS NOT A HEALTH CARE PROVIDER AND DOES NOT PROVIDE MEDICAL ADVICE OR CLAIM TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR ILLNESS.  MUSE CONTRACTS WITH AN INDEPENDENT CLIA CERTIFIED CLINICAL LABORATORY, SPOTDX, TO PROVIDE LAB TESTS AND LAB REVIEW SERVICES AND ANALYSIS. BY REQUESTING CLINICAL AND LAB REVIEW SERVICES FROM SPOTDX, YOU AGREE THAT YOUR RELATIONSHIP TO SPOTDX IS INDEPENDENT OF YOUR RELATIONSHIP TO MUSE AND IS GOVERNED BY SPOTDX’S TERMS. YOU UNDERSTAND THAT WHEN YOU PAY UP-FRONT FOR A TEST PERFORMED BY SPOTDX, YOU WILL BE REQUIRED TO ACCEPT CERTAIN CONSENTS AND PROVIDE CERTAIN INFORMATION.IF YOU DO NOT ACCEPT SUCH CONSENTS OR PROVIDE THE NECESSARY INFORMATION, YOU WILL NOT BE ELIGIBLE TO RECEIVE SERVICES FROM SPOTDX. YOU ARE NOT REQUIRED TO UTILIZE THE SERVICES OF SPOTDX AND CAN CHOOSE TO UTILIZE THE SERVICES OF YOUR PRIMARY CARE PROVIDER TO PROVIDE CLINICAL SERVICES AND TO UTILIZE YOUR OWN CLINICAL LABORATORY TO PROVIDE APPLICABLE  TESTING AND ANALYSIS. IF YOU DO SO, YOU WILL BE REQUIRED TO SHARE THE RESULTS WITH MUSE AND YOU MAY SHARE MUSE’S RECOMMENDATIONS WITH YOUR PERSONAL MEDICAL PROVIDER.
THE SERVICE IS HIGHLY PERSONALIZED BUT IS NOT,  IN ANY WAY, TO BE A SUBSTITUTE FOR A MEDICAL EXAMINATION OR ANY PROFESSIONAL MEDICAL ADVICE, MEDICAL OPINION, DIAGNOSIS OR TREATMENT, SYMPTOM ASSESSMENT, OR HEALTH COUNSELING FOR ITS USERS. ALWAYS SEEK THE ADVICE OF APPROPRIATELY QUALIFIED AND REGULATED HEALTHCARE PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE WITH REGARD TO A SPECIFIC MEDICAL CONDITION FOR TREATMENT OF WHICH YOU ARE CONCERNED. IT IS IMPORTANT NOT TO DISREGARD OR DELAY SEEKING CONSULTATIVE MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ OR VIEWED WHILE USING THE SERVICE. RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICE AND ITS INFORMATION.ANY INFORMATION CONTAINED HEREIN, OR ON MUSE SERVICES IS NOT INTENDED TO REPLACE A RELATIONSHIP WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN BEFORE STARTING, STOPPING OR MODIFYING ANY PHYSICIAN-PRESCRIBED TREATMENT OR MEDICATION.
Customers will be asked to complete an initial questionnaire in full in order to start the Sample testing process and view the results and recommendations sent by Muse.WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms, please note that the warranty disclaimers and limitations on Muse's liability are explained in Sections 32 and 33.

1. Acceptance of Terms of Service
These Terms of Service govern your access to and use of our products, programs, hormone testing service, website, data analysis, Kits, collection and analysis of biological Samples (collectively, the “Service”) provided by Muse These Terms do not alter in any way the terms or conditions of any prior written agreements you may have with Muse 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 the Service. 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 Muse, 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 Muse Services may be provided under additional or separate legal agreements or consents between Muse 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 the terms in such agreements will take precedence over these Terms with respect only to those specific Service features.

3. Revisions and Updates
Muse 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 changed or 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.

4. Privacy Policy
Please review the Muse Privacy Policy, which describes in detail on how Muse collects, uses, stores, maintains, processes, discloses, and protects your information when using our Services.

5. Ownership of Service and MaterialsThe Service and all designs, text, graphics, pictures, images, content, videos, packaging, formulas, ingredients, technology, know-how, information, data, recommendations, results, and software (including Software as defined below) contained in or comprising of the Service, except for the User Content as defined below (collectively, the “Materials”), are the exclusive property of Muse or Muse’s licensors and are protected by U.S. and international copyright, trademark, trade secrets, patent, and other intellectual property laws. Any information, products, documentation, material available for download, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by are and remain the exclusive property of Muse (in that case, the license provider retains all right, title, and interest therein). You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Muse’s trademarks, service marks, and logos are strictly prohibited without the prior written permission of Muse. The immediately foregoing sentence also applies to any third-party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by Muse or the third-party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow. Subject to these Terms, Muse grants you a revocable, non transferable (except as provided below), personal, nonexclusive license to use the Site. All rights not expressly granted to you in these Terms are reserved and retained by Muse or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Muse. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Muse without express written consent. You may not use any meta tags or any other "hidden text" utilizing Muse’s name or trademarks without the express written consent of Muse. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. 
You are permitted to use the content, resources, and information on the Site (“Content”) only in connection with the Site and are prohibited from making any alterations, additions or other modifications to the Content. You are expressly prohibited from using the Content commercially or for monetary or other reward. Unauthorized use of Content may be a violation of federal and state laws and could result in civil and criminal liability. Nothing contained in these Terms will affect, impair, or limit in any way Muse's or its affiliates’ rights to exploit fully any or all of the Content. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING, OR ANY OTHER MISUSE OF ANY OF THE MATERIALS IS STRICTLY PROHIBITED.
You may provide suggestions, comments, or other feedback (collectively, “Feedback”) to Muse with respect to its products and services, including the Services. Feedback is voluntary. Muse may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant Muse an irrevocable, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with Muse's business, including the enhancement of the Services.

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 Muse. 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 Muse for use in accessing the Service. Any rights not expressly granted herein are reserved to Muse.

7. Limited License to Use
Subject to your compliance with these Terms, Muse grants you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Service and the Materials. This license shall remain in effect until and unless terminated by you or Muse. You represent and agree that you are using the Service 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, Muse 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 the Services or Materials, unless otherwise specifically agreed in a separate agreement between you and Muse.
All Muse Software used in the Service are licensed, not sold, to you, and Muse and its licensors retain ownership of all copies of the Muse 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 Muse 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 Muse will have the effect of rendering the above license invalid. Muse 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; (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 Muse the proper parental/guardian consent forms. The Services are not offered to minors under the age of 18, even with parental/guardian consent. 
If you are a User, you agree to fully, accurately, and truthfully create your Muse Account (“Account”), including, but not limited to, your name, mailing address, phone number, email address, and password, which become your login credentials. The login credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your login credentials, and for all activities that occur under such login credentials. You agree to prohibit anyone else from using your login credentials and agree to immediately notify Muse of any actual or suspected unauthorized use of your login credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Muse at any time with or without cause.
You are prohibited from violating, or attempting to violate, or interfere with the security of the Site, including, without limitation, (a) accessing data not intended for such User or logging onto a server or an account which the User is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. You also agree not to take or attempt any action that, in the sole discretion of Muse, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or Muse’s infrastructure.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or Content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Muse will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to the Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by Muse.
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. 

10. Registration
When you create an Muse Account, you are required to provide certain Registration information about yourself and about purchasing our Services (e.g. name, email, address, Test 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 your Registration information current and accurate. By establishing an Muse Account, 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 Muse 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 immediately notify Muse 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 Muse will not be liable for any mis-shipments, loss or damage arising from your failure to comply with this Section.

11. Geographic Restrictions
Muse 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 Muse, you authorize us to charge your  credit card or other payment method you have chosen (“Payment Method”) for all fees applicable to your purchase of Service including Kits and opt-in services associated with the Service if you ordered them. When you purchase a subscription Service offered by Muse, you authorize us to charge your Payment Method at the time of purchase, and on a recurring basis while you maintain your subscription. You must provide a valid Payment Method when you order Muse 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. If a credit card account is being used for a transaction, Muse will obtain pre approval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process.  You represent and warrant that if you are making online payments that: (a) any credit card, debit card, and bank account information you supply is true, correct, and complete; (b) you have sufficient authorization to use any applicable credit card, debit card, or bank account to make online payments; (c) charges incurred by you will be honored by your credit/debit card company or bank; and (d) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes.
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 Muse of any changes to your information, including your billing address or the Payment Method used for payments.
If for any reason, Muse does not receive payment from your Payment Method, (a) you agree to pay all amounts due on your Account upon demand, and/or (b) you agree that Muse 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 your Account 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. Muse 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 Muse. 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 Muse account to:cancel@museyourhealth.com.  
Muse reserves the right to request additional information for verification purposes prior to canceling your subscription.
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 Muse 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 Muse 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 MUSE FOR SERVICES IS SUBMITTED ON BEHALF OF YOURSELF, WITHOUT EXPECTATION OF ANY REIMBURSEMENT BY THIRD-PARTY PAYERS. MUSE DOES NOT UNDERTAKE TO SUBMIT ANY INFORMATION PROVIDED BY YOU FOR REIMBURSEMENT OR PAYMENT FROM PRIVATE INSURANCE CARRIERS, MEDICARE, MEDICAID, OR ANY OTHER THIRD-PARTY PAYERS.

13. Muse Research
“Muse Research” is a research program operated by Muse to make new discoveries about hormonal health. Muse Research is an opt-in program, meaning that participation is entirely voluntary. Muse Research may be sponsored by, conducted on behalf of, or in collaboration with third parties. You are not required to participate in Muse Research to make use of the Services.

14. Unlawful and Prohibited Use Policy
As a condition for using the Service, you represent and agree not to engage in any of the following activities that are unlawful or prohibited by these Terms:i) any resale, offer to sell, and commercial (non-personal) use of the Kits, Service or the Materials;
ii) the distribution (online or offline) of the Kits, or any of the Materials without a separate and validly executed agreement with Muse;
iii) misrepresent the identity or create false or deceitful identities of persons and applicable details in order to place orders of Kits or Services;
iv) any modification or derivative use of the Service or the Materials or any portion;
v) any use of automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service;
vi) the download (other than page caching) of any portion of the Service, the Materials, or any information contained therein, except as expressly permitted;
vii) any attempt to gain unauthorized access to Muse’s servers or computer systems or to engage in any activity that disrupts, damages, disables, diminishes the quality of, interferes with the performance of, or impairs the functionality of, any part of the Service;
viii) the collection or harvesting of any Personal Information including, but not limited to, company and individual names, domain names or account names, from the Service;
ix) use of communication systems provided by the Service for any unauthorized commercial solicitation purposes;
x) use of any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
xi) misrepresenting your age or the age of majority in your nation of residence in order to obtain an Account or Services;
xii) impersonate, falsification of identity, or misrepresent your affiliation with any person or entity; 
xiii) use the Services or Materials outside of the United States;
xiv) modify or disguise the origin of any content transmitted through the Service or Materials in a manner that leads to consumer confusion;
xv) use the content in Services, Materials or their promotional materials for unauthorized advertising, pyramid schemes, or offer to sell or buy any goods or services except as permitted by law;
xvi) unauthorized use of branded trademarks, trade names, and key words associated with the Services or Materials in online media that amounts to false association and cause consumer confusion;
xvii) engage in "framing," "mirroring," or otherwise simulating the appearance or function of Muse or our Services or Materials;
xviii) upload or transmit any content that you do not have a legal right to transmit (such as insider information, proprietary and confidential information, personal health information, content that infringes intellectual property rights of a third party, etc.); 
xix) violate these Terms, code of conduct or other guidelines, which may be applicable to a specific area of the Service or have been notified;
xx) any use of the Service or the Materials other than for their intended purposes;
xxi) intentional or unintentional violation of local, state, national, or international law, or any regulations having the force of law; and
xxii) engage in any conduct that violates these Terms or our Privacy Policy.

15. Breach  
You represent and agree that you are solely responsible for, and Muse 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) and other terms you have agreed to, and you are solely liable for the consequences (including any loss or damage which Muse 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 if Muse has a reasonable ground to suspect that you have violated these Terms, you understand and agree that Muse 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 any other remedies available in law and equity. In addition, You agree to defend and indemnify Muse, its affiliates, and their officers, directors, employees, agents and contractors against any claims, costs, damages, or liabilities (including but not limited to reasonable attorney’s fees and court costs Muse may incur) arising out of or resulting in your breach, violation or actions as specified above.

16. Modifications, Updates, and Delays
Muse reserves the right at any time to modify, revise, update, and discontinue the Services (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 the Service may result in unexpected delays in shipping Kits or processing, testing, and analysis of the Samples you have returned. Muse may or may not provide you with specific notices applicable to these delays. While Muse endeavors to take commercially reasonable steps to minimize such delays, Muse shall not be liable to you or to any third party for any such delays associated with the Services.
On occasion,  Muse 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 be 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, Muse will notify you of the Sample 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 an Muse 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 will cause delay in completing your Test Results and receiving your recommendations. Muse may not be held liable or responsible for any such delays.

17. New and Additional Features
You acknowledge that Muse 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 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 Muse 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.
Muse has the right to refuse accepting or publishing any User Content. You agree that Muse, 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 Muse’s or any third party’s intellectual property or other rights, violates these Terms or our other policies, or is otherwise objectionable. Muse reserves the right to disclose any User Content as necessary to satisfy any applicable law, regulation, legal process or governmental request. Muse 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 Muse, may expose Muse 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 Muse 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 such User Content for purposes specified in these Terms and for delivering the Service 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 and Notice
By using the Services, you consent to receive emails from Muse, 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 Muse 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 Muse.
20. Samples Collection and Submission
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, how to use the Kits correctly to collect and return your Samples, and when to collect your Sample. 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 Muse 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 for each Kit, and to follow good hygiene practices when collecting Samples.Your Kit must be used, and your Sample be returned to Muse for processing, within six months of the purchase date. After this time, the kit is deemed to have expired.
You acknowledge and agree that our clinical laboratory partner, and not Muse, performs the test on your sample. You further acknowledge that, depending on the Service you purchased, our clinical laboratory partner may be required by law to report information about your test results to state or federal agencies responsible for monitoring, preventing, or controlling diseases. Muse may not be held liable for any errors committed by the clinical laboratory partner.

21. Samples and Test Results
Muse will provide you with Test Results, and personalized recommendations derived from application of Muse’s proprietary technology and methodologies in the analysis of your Sample Data and other information such as self-reported information you provide. 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 Muse in an irreversible manner and they cannot be returned to you once submitted for testing and analyzed by Muse. Further, no refunds will be given for any Kits when the Samples have been sent to Muse for processing.  
Data from your Samples will be saved on Muse’s secure cloud servers with industry standard privacy and security safeguards. Muse 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. Muse may also use Test Results for improving its data analysis methods and the artificial intelligence engine.

22. Ownership; Use of Test Results and Data
By submitting Samples to Muse, you agree to, and hereby do, transfer and assign to Muse and its assigns and successors all right, title, and interest in and to the Samples, self-reported information, analysis, Test Results, Sample Data, and other data derived therefrom. If laws in certain jurisdictions limit such transfer and assignment, you agree to grant Muse an exclusive, worldwide, irrevocable, royalty-free, sublicensable, and perpetual license to use the aforesaid data. You understand and agree that Muse may use your Samples and any data related thereto or derived therefrom (including, without limitation, your answers to questionnaires submitted by Muse as part of the Service or information regarding you, your health, lifestyle or medical history submitted by you to Muse), in accordance with the terms of our Privacy Policy for improving our data analysis methods and the artificial intelligence engine, for internal use, Research, Research Studies, and for generating analytics broadly at the population level. Please read the Privacy Policy for further information on use of Samples and other data for these purposes.

23. Waiver of Rights
You understand that you will not receive and you agree to waive any compensation (by way of cash, equity, use rights, or other current or future financial benefit or reward) from Muse 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 Muse, you acquire no rights in or title to any Research, Research Studies, or commercial products that may be developed by Muse 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 Muse 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 Muse does not provide medical advice through its Services;b) You understand that the Test Results, insights, recommendations, and information you received or learned from using the Service are not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health or treatment thereof in the absence of specific medical advice and clinical diagnosis;c) You understand that the Test Results included in any Services, and associated recommendations are intended for research, guidelines, informational, and educational purposes only, and that while this information might point to a possible diagnosis or treatment, it should always be confirmed and supplemented by specific medical and clinical testing results; ande) You give permission to Muse, and its successors and assigns, subject to the following representations, to perform the testing services specified herein using the Sample and information provided to Muse, to use your Test Results for personalizing your recommendations, and to disclose the Test Results and analyses to you and to others you specifically authorize:
                                                                           
i) You represent that you are eighteen (18) years of age or older with capacity to enter into binding contracts based on the laws of the country of your residence;
ii) You are guaranteeing that any Sample you provide to Muse is yours, and if you are agreeing to these Terms on behalf of a minor as a parent or legal guardian, or a person for whom you have legal authorization, you are confirming that the Sample provided will be the Sample of that minor or the person;
iii) If you are a customer outside the U.S. providing a Sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside;
iv) You agree that any Sample you provide, and all resulting data may be transferred and/or processed outside the country of your residence;
v) You agree that except when the law requires, Muse has no responsibility or liability for the deletion of, erasure, or failure to store any information, communications, resulting data, or content stored or transmitted by the Services;
vi) You agree that Muse has no responsibility or liability for the loss of data due to malfunction or destruction of data servers or other catastrophic events;
vii) You take responsibility for all possible consequences resulting from your sharing with others access to or use of your Test Results;
viii) You understand that all your personally identifiable information will be stored in Muse cloud-based servers and will be processed in accordance with our Privacy Policy;
ix) You understand that by providing any Sample, self-reported information, and having them processed, you acquire no ownership or licensing rights in any Research, Research Studies, or commercial products that may be developed by Muse or its collaborating partners. You specifically understand that you will not receive any current or future compensation for any Research, Research Studies, or commercial products that include or result from use of your Samples, self-reported information, and Test Results;
x) You agree that you will not send us your Sample if you have a reason to believe you have an active infectious or communicable disease that may endanger Muse or its partners;
xi) You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations;
xii)  In the event that you breach any one or more of these representations, Muse has the right to suspend or terminate your Account and refuse any and all current or future Services; and
xiii) You agree to defend and indemnify Muse and its affiliates and successors against any claims, liability, costs, or damages arising out of the breach of these representations.By using the Kits and accepting these Terms, you also agree to the following:i) Receipt of notice concerning the risks associated with use of the Kits, and your use of them at your own risk;
ii) You will carefully read and follow the applicable instructions for use of Kits and obtaining Samples exactly as stated in each Kit or a component of a Kit;
iii) Receipt and review of safety precautions included in each Kit or component of a Kit;
v) Following the applicable timelines for return of Samples as specified in the Kit and Sample return policy;
vi) Acknowledgement and agreement that the form and nature of the Services which Muse provides may change from time to time without prior notice to you; and
vii) As part of continuing innovation, Muse may change or stop (permanently or temporarily) providing some Services (or any features within the Services) at Muse’s sole discretion, without prior notice to you.

25. Termination
These Terms will continue to be effective until terminated by either you or Muse as set out in this section. You may terminate your legal agreement with Muse, by notifying Muse at any time in writing, along with a request to close your Account for the Services. Your notice should be sent, in writing, by email addressed to: contact@museyourhealth.com. Upon receipt of a notice online (by email), Muse will send you an email asking for confirmation of your request, and your notice will be effective following receipt of a second email from you by Muse confirming that you are requesting closure of your Account, and Muse confirming such closure.
Muse may at any time, terminate its agreement and Accounts with you if:
(i) you have breached any of these Terms; (ii) Muse is required to do so by law (iii) Muse Service partner has terminated its relationship with Muse or ceased to offer the Services to you; (iv) Muse is no longer providing the Services to users in your location; or (v) provision of Services to you is no longer commercially viable.
You acknowledge and agree that Muse shall not be liable to you or any third party for its termination of this agreement, your Account, or access to the Services.
When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and Muse have benefited from, been subject to, or that have accrued over time while these Terms have been in force or that were expressed to continue indefinitely, shall be unaffected by this termination, and shall continue to apply to such rights, obligations, and liabilities indefinitely.

26. Possible Risks and Considerations
By utilizing the Services, you represent that you are aware of the potential risks associated with use of the Services, including use of the Kits and the collection and submission of Samples to Muse.
Some potential risks associated with using the Kits are as follows:
i) You may receive diet, supplements, and recommendations indicating foods or supplements to which you are allergic or sensitive. If you have a known or suspected allergy or sensitivity, you should not follow these recommendations;
ii) A specific health or medical condition(s) you may have may not improve or may worsen and you may develop new conditions;
iii) Some survey questions and the required responses may make you uncomfortable;
iv) Some of the results and information you receive may generate strong emotions;
v) A rare security breach or failure to follow certain protocol in spite of all the measures employed by us against such could result in unauthorized disclosure of your User content such as PII or PHI;
vi) You may learn information about yourself that prompts you to consult or follow-up with your physician. You will be fully responsible for the costs of this follow-up testing, consulting, and any resulting treatment;
vii) You may find out information about yourself that will cause you to worry or become anxious;
viii) There can be adverse health effects if you fail to follow exactly the instructions given with the Kits for collecting Samples or Supplements sent to you;
ix) Muse will not provide any payment or treatment if you have an injury while collecting Samples
x) The recommendations provided to you may or may not be beneficial to you; it may cause or exacerbate certain medical conditions or problems; and
xi) There may be other unknown or additional risks to using the Services that are not foreseeable at present.

27. Warnings & Limitations
By using our Services, you agree to receipt of the following warnings and limitations applicable to Test Kits or the Supplements, and you assume the risks associated with using any Kits or Supplements not in accordance with these warnings:i. If you have certain medical conditions or are using medications, you agree to use the Kits and Supplements only after consulting your physician
ii. If you or your child feel unwell, ill, or experience any adverse reactions following the use of Supplements, you agree to seek medical help immediately and discontinue further use of such Supplements until after your physician clears them for use again
iii. In case of accidental overdose, misuse, or allergic reactions experienced by you or your child, you agree to seek immediate medical help as necessary
iv. If you suffer from a congenital or acquired blood-clotting disorder, or take an anticoagulant medication, you agree to use the Kit only after consulting your physician
v. The preservative in the Sample tubes inside the Kits may pose certain health risks; you agree to follow the instructions that accompany each Kit on steps to follow in case of accidents or misuse.
ANY INFORMATION PROVIDED WITH THE KITS IS NOT INTENDED TO REPLACE A RELATIONSHIP WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN BEFORE STARTING, STOPPING OR MODIFYING ANY PHYSICIAN-PRESCRIBED TREATMENTS OR MEDICATIONS.

28. Returns and Refund Policy
Subject to certain exceptions as specified below, we offer a full refund for Muse Services (i.e. Kits) in the amount of the actual purchase price paid to Muse (“purchase price”) including any shipping and handling cost plus tax, if any, provided that the order is canceled within twenty four (24) hours of the purchase.
If a refund is requested after twenty four (24) hours but within fourteen (14) days of purchase of a Kit, and if the Sample is not returned to Muse, we offer a refund in the amount of the Kit purchase price minus a $25 (USD) processing fee. The shipping and handling cost plus tax (if any and where applicable) are non-refundable.
To request a refund, please send a request to Muse Customer Service using the information specified below.  
Submit online by email to contact@museyourhealth.com.
Refund requests received within fourteen (14) days of the purchase date of a Kit will be issued within forty-five (45) days of the date of request.
No refunds 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 available if Muse determines, in its sole discretion, that you have violated any of these Terms.

29. Kit Replacement Policy  
Upon a customer’s request, Muse may ship a replacement Kit due to non-usability, damage, or defect, provided that you have not submitted your Sample using the Kit subject to replacement and that the Kit being replaced is purchased within the last twelve (12) months period (“Kit Replacement Policy”). Muse will not charge any fees in connection with this replacement if it is determined that the cause for such replacement is attributable solely to Muse (such as, your Sample fails testing and a new Sample is needed or the Kit is damaged). To make a request for Kit replacement, please contact our Customer Service by using the information specified below.  Submit online by email to contact@museyourhealth.com.

30. Trademarks
All Muse trademarks, service marks, trade names, logos, domain names, and any other features of the Muse brand are the sole property of Muse or its licensors. These Terms do not grant you any rights to use any Muse trademarks or brand features whether for commercial or non-commercial use.
Muse™, all Muse associated logos, products and service names together with any other Muse trade names, service marks, logos, domain names, taglines, and other distinctive brand features are the trademarks or registered trademarks of Muse Inc. in the U.S. and in other countries. All other trademarks, service marks, and logos used in connection with our Services are the sole properties of their respective owners, and they are being used herein under licenses received by Muse from their owners.
Unless you have specifically agreed otherwise in writing with Muse, other than the limited license specified herein, nothing in these Terms or Service gives you a right to use any Muse marks or the third party marks, and you agree not to display or use Muse marks or the marks of their licensors used in connection with our Service in any manner.
You agree 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.
Unless otherwise expressly authorized in writing, you agree that in using the Services, you will not use any trademark, service mark, trade name, or logo of Muse or any of its licensors in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.

31. Copyright Policy
Muse respects the intellectual property rights of others and expects users of our Service to do the same. We disclaim any responsibility or liability for copyrighted materials posted on our Site. We will respond to notices of alleged copyright infringement that comply with applicable law and are provided to us in accordance with applicable law.In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Muse’s Designated Copyright Agent, identified below. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please send us a notice with the following information: (i) a physical or electronic signature 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 be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Include both of the following statements in the body of the Copyright Notice:We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Muse will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing in connection with the Service is:
SUBMIT VIA EMAIL:contact@museyourhealth.com
BY MAIL:Attn: Legal Department
Muse Health, Inc.
157 Bleecker Street #1
New York, NY 10012

32. Warranty Disclaimer
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MUSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS OF THE SERVICE. MUSE DOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SERVICE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. TO THE EXTENT PERMITTED BY LAW, MUSE MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, CONDITION, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SUCH SERVICES. MUSE IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED IN OR ON THE SERVICE OR ACCESSED THROUGH THE SERVICE. WHILE MUSE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, MUSE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS OF THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS WHEN ACCESSING THE SERVICE.
If the Services contain links to other sites and/or resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Muse has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Links to third party websites or services on the Muse Services does not constitute an endorsement or approval of such websites or services.

33. Limitation of Liability
IN NO EVENT SHALL MUSE OR ANY OF ITS CORPORATE AFFILIATES, SUCCESSORS,EMPLOYEES, DIRECTORS AND OFFICERS, AGENTS, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS 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 THE SERVICE OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM MUSE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, PUBLIC HEALTH CRISIS, PANDEMIC, LOCKDOWNS, EMERGENCY LAWS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MUSE’S SERVICE OR MUSE’S RECORDS. TO THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF MUSE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICE, SHALL NOT EXCEED ANY FEES YOU PAID TO MUSE. IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MUSE, SUCH AMOUNT SHALL BE ONE HUNDRED DOLLARS ($100).  CERTAIN JURISDICTIONS MAY NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY SPECIFIED ABOVE, AND THEREFORE, DEPENDING ON YOUR LOCATION, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT BE APPLICABLE TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HER MUST HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.”YOU AGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MUSE AND YOU.

34. Indemnification
In addition to any other indemnification obligations elsewhere in these Terms, you agree to defend, indemnify and hold harmless Muse, its corporate affiliates, independent contractors, employees, directors and officers, agents, service providers and consultants, and each of their respective 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 the Service, including without limitation any actual or threatened suit, demand, or claim arising out of or relating to the use of customer content, the information supplied by you to Muse or to you by Muse, the conduct of your health care provider, your conduct, your violation of these Terms, or your violation of the rights of any third party.

35. Dispute Resolution
We will try to work in good faith to resolve any issue you have with Site, including Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.You and Muse agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms or your use of the Site, including Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Muse are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and Muse.
If you desire to assert a claim against Muse, and you therefore elect to seek arbitration, you must first send to Muse, by certified mail, a written notice of your claim ("Notice"). The Notice to Muse should be addressed to: Muse Health, Inc.
157 Bleecker Street #1
New York, NY 10012
("Notice Address"). If Muse desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Muse, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Muse and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Muse may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Muse or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Muse receives notice at the Notice Address that you have commenced arbitration, Muse may reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000.
The arbitration will be governed by the laws of the state of New York, the Commercial Arbitration Rules and the Supplementary Procedures for and the Supplementary Procedures for Online Arbitration as well as those related to Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The selected arbitrator shall be experienced in agreements for health information technology services, either as an attorney or as a health information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency, or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection.The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this arbitration agreement. Unless Muse and you agree otherwise, any arbitration hearings will take place in New York, New York (if you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, videoconference, and other forms of real-time communications.If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.YOU AND MUSE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Muse agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitral award will be final and binding and may be entered and enforced in any court of competent jurisdiction. In no event shall any claim, action or proceeding related in any way to the Service be instituted more than two (2) years after the cause of action arose.
If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for New York, New York

36. Waiver of Jury Trials and Class Actions
BY ENTERING INTO THESE TERMS, YOU AND MUSE ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.  

37. CAN-SPAM Act and Telephone Consumer Protection Act Compliance
Muse is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us . Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at PUT IN ADDRESSYou shall not market, promote, or solicit Muse products or services in ways that would violate the CAN-SPAM ACT, the TCPA, or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet.

38.  Typographical Errors and Incorrect Pricing   
In the event a Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Products and/or Service(s) listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.                                                                                                           

‍39. NoticesMuse notices to you may be made via email or regular mail to the email address or home address then on file. Muse may also provide notices of changes to these Terms by displaying them on or through the Services. Any notices that you provide to us without compliance with this section on Notices shall have no legal effect. Unless otherwise specifically provided for, any official notices to Muse related to these Terms must be sent to:
SUBMIT VIA EMAIL: contact@museyourhealth.com
BY MAIL: Attn: Legal Department
Muse Health, Inc.
157 Bleecker Street #1
New York, NY 10012

40. Electronic Communications
When you use the Site or Services, or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that: (a) all agreements and consents can be signed electronically; and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Muse may contact you by telephone, mail, or email to verify your account information. 

41. No Third-Party Rights
Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Muse and its affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Muse and its affiliates, nor shall any provision give any third parties any right of subrogation or action against you, Muse and its affiliates.

42. Applicable Law
These Terms and the resolution of any dispute related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without giving effect to that state’s principles of conflicts of laws. Subject to Sections 35 and 36, the federal and state courts of the State of New York shall have exclusive jurisdiction over all claims.

43. Severability
If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be enforced only to the extent it is enforceable and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.

44. Non-assignment
You may not assign this Agreement without the written consent of Muse and any attempt to do so shall be void.

45. Relationship
You agree that no joint venture, partnership, employment, or agency relationship is created by these Terms between you and Muse.

46. Waiver
No waiver of any term, provision or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

47. Force Majeure
If the performance of any part of these Terms by Muse 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, or any other causes beyond the control of either party, Muse shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

48. Entire Agreement
These Terms constitute the complete and exclusive terms of the agreement between the parties with respect to the use of the Service and any acts or omissions of Muse, 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.