Classic

Mobile Privacy Policy

Updated: April 13, 2020

We at LifeOmic Health (LifeOmic Health, LLC and our subsidiaries and affiliates) are committed to protecting your privacy. This privacy policy applies to our software-as-a-Service applications, platforms, software, websites, APIs, products, and services, (each a “Site”, “Service”, or “Software” or collectively, the “Services”), owned and controlled by LifeOmic Health.

This Privacy Policy governs our data collection, processing and usage practices. It also describes your choices regarding use, access and correction of your personal information. If you do not agree with the data practices described in this Privacy Policy, you should not use our Services.

Specifically, this Privacy Policy covers:

Information we collect about you

We may collect Personal Information, Usage and Device Information (collectively, “information”, defined in detail below) about you in connection with your (or your organization’s) use of our Services that link to this Privacy Policy.

How we use your information

We use the information we collect only in compliance with this Privacy Policy. We may use your information to provide services (either directly to you or to those third parties who have engaged us as service providers to process your information on their behalf); respond to inquiries and provide customer support and technical assistance; communicate with you; process transactions; improve, develop, provide content for, operate, deliver and market our Services; implement social networking features; comply with our company policies and procedures and with applicable law; ensure proper and authorized use of the Services; perform Services tracking and analysis; and, as otherwise permitted by applicable law.

How we share your information

We may share your information with our business units, affiliates, subsidiaries, business partners, service providers and/or your representatives, in order to provide or improve our Services to you. We do not share information with third parties so that they can independently market their own products or services to you unless we have explicitly given you the option to opt-in to such disclosures. We will never sell your Personal Information to any third party.

Your Rights Regarding Your Personal Information

We provide you with the opportunity to be informed of whether we are processing your information and to access, correct, update, oppose, delete, block, limit or object, upon request and free of charge, to our use of your Personal Information to the extent required by applicable law.

Retention of your information

We keep your account information, like your name, email address, and password, for as long as your account is in existence because we need it to operate your account. In some cases, when you give us information for a feature of the Services, we delete the data after it is no longer needed for the feature. We keep your account data until you use your account settings or tools to delete the data or your account because we use this data to provide you Services. We also keep information about you and your use of the Services for as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm, including as described in the How We Use Your Information and How We Share Your Information sections.

Security of your information

We work hard to keep your data safe. We use a combination of technical, administrative, and physical controls to protect the confidentiality, integrity and availability of your data. This includes using Transport Layer Security (“TLS”) to encrypt data transmission and Advanced Encryption Standard (“AES”) to encrypt data storage. No method of transmitting or storing data is completely secure, however.

If you have a security-related concern, please contact Customer Support or our Security team.

Click here to learn more about our security practices.

International Data Transfers

LifeOmic Health is a U.S.-based company that offers our Services to U.S. and international customers. As a result, information that we collect, including personal information, may be transferred to our data centers or service providers in the U.S. By providing your personal information to us, you are consenting to the transfer of your personal information to the U.S. and to our (and our services providers’) use and disclosure of your personal information in accordance with this Privacy Policy.

We rely on multiple legal bases to lawfully transfer personal data around the world. These include your consent, the EU-US and Swiss-US Privacy Shield. LifeOmic (and its subsidiaries, including LifeOmic Health, LLC and LifeOmic Security LLC) complies with the EU-U.S. and the Swiss-U.S.Privacy Shield Frameworks (Privacy Shield) as set forth by the U.S. Department of Commerce regarding the collection, use, sharing, and retention of personal information transferred from the European Union, the United Kingdom and/or Switzerland to the United States in reliance on Privacy Shield. We follow internal procedures for verifying that our commitments under this Privacy Policy have been implemented. Our compliance with this obligation can be investigated and enforced by the U.S. Federal Trade Commission. Learn more about Privacy Shield here.

If you have a complaint about our Privacy Shield compliance, please contact us. You can also refer a complaint to our chosen independent dispute resolution body JAMS, and in certain circumstances, invoke the Privacy Shield arbitration process or lodge a complaint with the supervisory authority in your country of residence in the EU. You may also contact our EU representative at https://www.verasafe.com/privacy-services/contact-article-27-representative.

Cookies and similar Technologies

We may use “cookies” and similar technologies to help deliver our Services. This technology may involve placing small files/code on your device or browser that serve a number of purposes, such as remembering your preferences and to offer you a more personalized user experience.

Read our Cookie Policy to learn more.

Marketing Analytics and Communications

We work with partners who provide us with marketing analytics and communications services. This includes helping us understand how users interact with our Services, communicating with you about our Services and features, and measuring the performance of those communications. These companies may use cookies and similar technologies to collect information about your interactions with the Services and other websites and applications.

To learn more and about your privacy choices, please see more details in the How We Use Your Information and How We Share Your Information sections and read our Cookie Policy.

Links to Other Websites

Our Sites may contain links to other websites or services that are not owned or controlled by LifeOmic Health, including links to websites of our sponsors and partners. This Privacy Policy only applies to information collected by our Services. We have no control over these third-party websites, and your use of third party websites and features are subject to privacy policies posted on those websites. We are not responsible or liable for the privacy or business practices of any third-party websites linked to our Services. Your use of third parties’ websites linked to our Services is at your own risk, so we encourage you to read the privacy policies of any linked third-party websites when you leave one of our Services.

Our Policies for Children

Our Sites are directed toward adults. If you are under the age of 16, you must obtain the authorization of a responsible adult (parent or legal custodian) before using or accessing our Sites. We will not knowingly collect or use any personal information from any children under the age of 16 on our Sites. If we become aware that we have collected any personal information from children under 16, we will promptly remove such information from our systems.

Situations where this Privacy Policy does not apply

This Privacy Policy does not apply to job applicants or employees, which are subject to relevant privacy notices.

This Privacy Policy does not apply to the extent that:

Our products and services set forth an additional or alternative Privacy Policy; or
Applicable law imposes different processing or privacy requirements on your information.

Changes to this Privacy Policy

We periodically update this Privacy Policy. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice by sending you notification by email or notification alert within our Services or Sites.

While we will notify you of any material changes to this Privacy Policy, we encourage you to review this Privacy Policy periodically. We will also keep prior versions of this Privacy Policy in an archive for your review.

How to contact us

You can contact us using the Contact Us page on our Sites or by mail at 351 West 10th Street, Indianapolis, IN 46202.

If you have questions, suggestions, or concerns about this policy, or about our use of your information, including filing a complaint, please contact our Data Protection Officer or Privacy Officer at privacy@lifeomic.com.

INFORMATION WE COLLECT ABOUT YOU

When you use our Services, we collect the following types of information.

INFORMATION YOU PROVIDE US (“PERSONAL INFORMATION”)

ACCOUNT INFORMATION

Some information is required to create an account on Services, such as your

name,
email address,
password,
company, and
phone number.

ADDITIONAL INFORMATION

To help improve your experience or enable certain features of the Services, you may choose to provide us with additional information, such as

profile photos,
profile information (such as a biography),
country information,
date of birth,
demographic information (such as date of birth gender, height, weight and geographical residence location),
test results (such as biometric and genomic data),
additional health information and logs (such as diet, exercise, sleep),
contact information (such as your mailing address and your mobile telephone number),
community or social media username, and
messages and media on discussion boards or to your social contacts on the Services.

You may also connect with friends on the Services or invite friends who have not yet joined by providing their email addresses, accessing social networking accounts or using the contact list on your mobile device. We do not store your contact list and delete it after it is used for adding contacts as friends.

If you contact us or participate in a survey, contest, or promotion, we collect the information you submit such as your name, email address, contact information, and message.

INFORMATION FROM THIRD-PARTY SERVICES

If you choose to connect your account on our Services to your account on another service, we may receive information from the other service. For example, if you connect to Facebook or Google, we may receive information like your name, profile picture, age range, language, email address and friend list. You may also choose to grant us access to your personal information such as activity data or health data from other services. You can stop sharing the information from the other services with us by removing our access to each other service. However, we will store historical data that has already been collected (such as steps, activity, sleep).

INFORMATION PROVIDED BY OTHER INDIVIDUALS

While using our Services, individuals may provide information about another individual, or an authorized user (such as an account administrator) creating an account on your behalf may provide information about You. When one individual provides us with information (including personal information) about another individual, we assume that the individual has permission and authority to do so and to consent on behalf of that individual to the collection and use of personal information as described in this Privacy Policy. Please contact us immediately if you become aware of an individual providing us with personal information about another individual without being authorized to do so, and we will act consistently with this Privacy Policy.

PAYMENT AND CARD INFORMATION

Some LifeOmic Health Services support payments and transactions with third parties. If you activate this feature, you must provide certain information for identification and verification, such as your name, billing address, credit, debit or other card number, card expiration date and CVV code. This information is used solely to check your financial qualifications and collect payment from you. We do not store your payment information. We use a third-party service provider to manage payment card processing. Note that third-party payment processors may retain this information in accordance with their own privacy policies and terms. This service provider is not permitted to store, retain or use information you provide except for the sole purpose of credit card processing on our behalf.

INFORMATION WE RECEIVE FROM YOUR USE OF OUR SERVICES

USAGE AND DEVICE INFORMATION

When you use our Services, we receive certain usage data (“Usage and Device Information”). This includes information about your interaction with the Services, for example, when you view or search content, install or open applications or software, create or log into your account, import data into your account, or integrate a third-party service to your account.

We may also collect data about the devices and computers you use to access our Services, including IP addresses, browser type, language, operating system, or mobile device information (including device and application identifiers), the referring web page, pages visited, location (depending on the permissions you have granted us), and cookie information.

HEALTH AND OTHER SPECIAL CATEGORIES OF PERSONAL DATA

To the extent that information we collect directly from you is health data or another special category of sensitive personal data subject to the European Union’s General Data Protection Regulation (“GDPR”), we ask for your explicit consent to process such sensitive personal data. We obtain this consent separately when you take actions leading to our obtaining the data. You can use your account settings or contact us to withdraw your consent at any time, including by stopping use of a feature, removing our access to a third-party service, requesting deletion your data or closing your account.

However, if we are acting as a service provider (a “Data Processor”) processing your personal information on behalf of a third party that has collected such data from you, and such third party is the party that has the right to determine the purposes for which it will process your personal information and the means it will use to process your personal information (the “Data Controller”), then such Data Controller has the legal obligation to ask for your explicit consent to process your sensitive personal data (including health data), and we are not responsible for obtaining such consent from you. In such a scenario, the Data Controller may have their own, separate policies regarding the use and disclosure of your personal information, including any sensitive personal data you provide to such Data Controller. In such a scenario, this Privacy Policy does not apply to, we cannot control the activities of, and we are not responsible for the activities of the applicable Data Controller generally; this Privacy Policy only applies to our processing of your personal information that we, as a Data Processor, have been asked to process on behalf of the Data applicable Data Controller. We encourage you to review such Data Controller’s privacy policy and/or contact the applicable Data Controller for more information about the policies that apply to their use and disclosure of your personal information, including any sensitive personal data.

HOW WE USE YOUR INFORMATION

We use the information we collect for the following purposes.

PROVIDE AND MAINTAIN THE SERVICES

We use the information we collect to deliver the Services to you and honor our Terms of Service for each Service or business contract with you. For example,

to administer, operate, maintain and secure our Services;
to monitor and analyze trends, usage and activities in connection with our Services;
for accounting, recordkeeping, backup and administrative purposes;
to customize and improve the content of our communications, websites and social media accounts;
to provide customer service and support;
to communicate with you, including responding to your comments, questions and requests regarding our Services; and
to process and complete transactions, and send you related information, including alerts and notifications about your service, purchase confirmations and invoices; and
to educate and train our workforce in data protection and customer support.

For the Services’ social features, we may use your information to help you find and connect with other users and to allow other users to find and connect with you. For example, your account contact information allows other users to add you as a friend. When another user has your email or mobile phone number in their contact list or in their friend network on a connected service, we may show that user that you are a user of the Services.

IMPROVE, PERSONALIZE, AND DEVELOP THE SERVICES

We use the information we collect to improve and personalize the Services and to develop new ones. For example, we use the information to troubleshoot and protect against errors; perform data analysis and testing; conduct research and surveys and develop new features and Services.

COMMUNICATE WITH YOU

We use your information when needed to send you Service notifications and respond to you when you contact us. We also use your information to promote new features or products that we think you would be interested in. You can control marketing communications and most Service notifications by using your notification preferences in account settings or via the “Unsubscribe” link in an email.

PROMOTE SAFETY AND SECURITY

We use the information we collect to promote the safety and security of the Services, our users and other parties. For example, we may use the information

to authenticate users;
to facilitate secure payments;
to respond to a legal request or claim, conduct audits, and enforce our terms and policies;
to investigate and protect against fraud, malicious or unauthorized access, and other illegal activities; and
to demonstrate and verify compliance with our internal policies and procedures, and applicable privacy and data security laws and regulations, such as HIPAA and GDPR.

USE AND DISCLOSURE OF DE-IDENTIFIED INFORMATION

“De-identified” means that we have removed, or rendered unreadable through complex computational algorithms, your personally-identifiable information, such as your name, address, or birthdate. We may use de-identified information that we have obtained from our Services for various purposes, including for example:

In accordance with regulatory requirements, we may de-identify, store and use your information for internal quality control, validation and research and development. This is important for LifeOmic Health to maintain high quality Services. We may use de-identified information as permitted by law. 
We may contribute de-identified genetic variants that we have observed in the course of providing our Services to publicly available databases such as ClinVar. We do this to increase understanding and raise awareness of the significance of genetic variants within the medical and scientific communities.
We may use or disclose de-identified information for general research and communications purposes. This may include analysis of this information to communicate observations and learnings, for example in the case of aggregated data. This may also include research collaborations with third parties, such as universities, hospitals or other laboratories, in which we utilize de-identified clinical cases, at the individual level or in the aggregate, in accordance with our study protocols, and we may present or publish such information. This may also include commercial collaborations with private companies for purposes such as to determine the prevalence of particular disorders or variants among the patients we have tested, or to determine whether any of the patients we have tested might be suitable for potential recruitment for research, clinical trials, or clinical care; however, we will not directly contact these patients about these opportunities without their prior written consent.

We use cookies and similar technologies for the purposes described above. For more information, please read our Cookie Policy.

For personal data subject to the GDPR, we rely on several legal bases to process the data. These include when you have given your consent, which you may withdraw at any time using your account settings and/or other tools; when the processing is necessary to perform a contract with you, like the Terms of Service; and our legitimate business interests, such as in improving, personalizing, and developing the Services, marketing new features or products that may be of interest, and promoting safety and security as described above.

HOW WE SHARE YOUR INFORMATION

We do not share your personal information except in the limited circumstances described below.

WHEN YOU AGREE OR DIRECT US TO SHARE

You may direct us to disclose your information to others, such as when you use our social features in our Services. For certain information, you may change your privacy preferences in account settings and use other provided tools to control how your information is visible to other users of the Services.

You may also authorize us to share your information with others, for example, with a third-party application when you give it access to your account, or with your employer company or other organizations and provide consent to each organization. Remember that their use of your information will be governed by their privacy policies and terms. You can revoke your consent to share with third-party applications or employee wellness programs using your account settings.

FOR EXTERNAL PROCESSING

We transfer information to our corporate affiliates, service providers and other partners who process it for us, based on our instructions and in compliance with this policy and any other appropriate confidentiality and security measures. These partners provide us with services globally, including for customer support, information technology, payments, sales, marketing, data analysis, research and surveys.

FOR LEGAL REASONS OR TO PREVENT HARM

We may preserve or disclose information about you to comply with a law, regulation, legal process or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect or investigate illegal activity, fraud, abuse, violations of our terms or threats to the security of the Services or the physical safety of any person.

Please note: Our policy is to notify you of legal process seeking access to your information, such as search warrants, court orders or subpoenas, unless we are prohibited by law from doing so. In cases where a court order specifies a non-disclosure period, we provide delayed notice after the expiration of the non-disclosure period. Exceptions to our notice policy include exigent or counterproductive circumstances, for example, when there is an emergency involving a danger of death or serious physical injury to a person.

We may share non-personal information that is aggregated or de-identified so that it cannot reasonably be used to identify an individual. We may disclose such information publicly and to third parties, for example, in public reports about exercise and activity, to partners under agreement with us or as part of the community benchmarking information we provide to users of our subscription services.

If we are involved in a merger, acquisition, or sale of assets, we will continue to take measures to protect the confidentiality of personal information and give affected users notice for the transferring of any personal information to a new entity.

YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION

You can access and control your personal information via account settings and/or our tools we provide to you, regardless of where you live. If you live in the European Economic Area, United Kingdom and Switzerland (the “Designated Countries”), you have a number of legal rights with respect to your information, as outlined below.

Accessing and Exporting Data. By logging into your account, you can access much of your personal information. Using your account settings, you can also request a download information in a commonly used file format.

Editing and Deleting Data. Your account settings and certain platform APIs let you change and delete your personal information and/or account data. For instance, you can edit or delete the profile data you provide and delete your account if you wish.

If you choose to delete your account, please note that while most of your information will be deleted within 14 days, it may take up to 90 days to delete all of your information, such as the data stored in our backup systems. This is due to the size and complexity of the systems we use to store data. We may also preserve data for legal reasons or to prevent harm, including as described in the How We Share Your Information section.

Objecting to Data Use. You can control usage of your data via account settings or other application APIs or tools. For example, you can:

limit how your information is visible to other users of the Services;
limit the notifications you receive from us; and
revoke the access of third-party applications that you previously connected to your account.

If you live in a Designated Country, in certain circumstances, you can object to our processing of your information based on our legitimate interests, including as described in the How We Use Information section. You have a general right to object to the use of your information for direct marketing purposes. Please also review our Cookie Policy for your options to control how we and our partners use cookies and similar technologies for advertising.

Restricting or Limiting Data Use. In addition to the various controls that we offer, if you reside in a Designated Country, you can seek to restrict our processing of your data in certain circumstances. Please note that you can always delete your account at any time.

Onward Transfers of Data.  If we intend to disclose your personal information to any third party that will have the right to process it, we will enter into a contract with that third party that provides that your personal information may be processed only for limited and specified purposes consistent with the consent you have provided to us, and that the third party must provide the same level of protection for your personal information that we are obligated to provide under this Privacy Policy while it is processing your personal information. In addition, we will notify you if that third party will have the right to determine the purposes for which it will process your personal information and the means it will use to process your personal information (rather than just providing requested assistance to us in support of our permitted uses of your personal information).

Changes to Privacy Policy. If we are using your personal information on the basis of your consent, and we change our Privacy Policy to permit any use or disclosure of your personal information that is materially different than the uses for which it was originally collected or subsequently authorized by you, we will obtain your consent before we make such further uses of your personal information.

Further Assistance. If you need further assistance regarding your rights, please contact our Data Protection Officer at privacy@lifeomic.com, and we will consider your request in accordance with applicable laws. You may also contact our EU representative at https://www.verasafe.com/privacy-services/contact-article-27-representative.

If you reside in a Designated Country and you are not satisfied with our response, you will have a prompt, no-cost way of asserting your claim by contacting our chosen independent dispute resolution body JAMS. If you reside in a Designated Country, you may have the right, under certain conditions, to invoke binding arbitration, and, alternatively, you also have a right to lodge a complaint with your local data protection authority or with the Irish Data Protection Commissioner, our lead supervisory authority, whose contact information is available here.

Mobile Apps Terms of Use

LIFE Mobile Applications Terms of Use

Last Modified: May 6, 2020

1. Acceptance of the Terms of Use.

LifeOmic (“Company”, “we” or “us”) maintains the applications LIFE Extend and LIFE Fasting Tracker, including any content, functionality and services, excluding third-party services, offered on or through LIFE Extend and/or LIFE Fasting Tracker (collectively, the “Application”). The following terms and conditions (“Terms of Use”) govern your access to and use of the Application on iOS, Android, web-based, or any other mobile platforms. The Application is licensed, not sold, to you.

Please read the Terms of Use carefully before you start to use the Application. By using the Application, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Application.

This Application is offered and available to users who are aged sixteen years and older. If you are an individual and are aged seventeen or sixteen, or if you otherwise are not of legal age to form a binding contract in your jurisdiction of residence, then you agree that your parent or guardian has reviewed these Terms of Use carefully and has agreed to be bound by these Terms of Use on your behalf. If you are agreeing to be bound by this Agreement on behalf of your employer or another entity, you must have the full legal authority to bind your employer or such entity to this Agreement. By using the Application, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Application.

2. Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. Changes are effective immediately when we post them, but are not retroactive. Your continued use of the Application following the posting of revised Terms of Use means that you accept and agree to the changes. You must check this page frequently so that you are aware of any changes, and immediately discontinue access or use of the Application if you do not want to agree to the revised Terms of Use.

3. Acceptance of Privacy Policy

All information we collect on the Application is subject to our Privacy Policy. By using the Application, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by our Privacy Policy. If you do not want to agree to our Privacy Policy, you must not provide us any personal information.

Our Application is hosted in the United States and our services are provided from the United States. It is possible that certain information will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms. If you are a user accessing our Application or services from the European Union, Asia or any other region with laws governing personal data collection, use and disclosure that differ from United States laws, you are expressly and knowingly consenting to the transfer of your personal information to the United States and other jurisdictions as indicated above, and to our use of your personal information in accordance with our Privacy Policy.

4. Accessing the Application and Account Security.

We reserve the right to withdraw or amend this Application, and any service or material we provide on the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Application. To access the Application or some of the resources it offers, you may be asked to provide certain registration details or other information. You must provide information that is correct, current and complete. You agree that all information you provide to register with this Application or otherwise, including but not limited to through the use of any interactive features on the Application, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Application or portions of it using your user name, password or other security information. If you permit any other person to use your account, you will be responsible for their activities while using the Application. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, the continued use of that user name, password or other identifier would be inappropriate.

5. License Grant; Intellectual Property Rights.

(a) License Grant. Subject to the terms and conditions of these Terms of Use, the Company grants you a limited, non-exclusive and nontransferable license to:

(i) download, install and use the Application for your personal, non-commercial use on mobile devices owned or otherwise controlled by you strictly in accordance with the Application’s documentation; and

(ii) access, download and interact on such mobile devices with the content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) made available in or accessible on or through the Application, strictly in accordance with these Terms of Use.

(b) License Restrictions. You shall not:

(i) copy the Application, except as expressly permitted by this license;

(ii) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;

(iii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

(iv) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

(v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;

(vi) input, upload, transmit or otherwise provide to or through the Application or the Company’s systems, any information or materials that are unlawful or injurious, that violate the Content Standards (as defined below), or that contain, transmit or activate any Harmful Code (as defined below);

(vii) access or use the Application in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right, privacy right or other right of any third party, or that violates any applicable law;

(viii) access or use the Application for purposes of competitive analysis, developing, producing, marketing, distributing, licensing or selling any product or service that may compete with the Application, or disclosing to the Company’s competitors, for any purpose, otherwise non-public information about the Application; or

(ix) use the Application in any manner that is contrary to the provisions of this Agreement, our mobile application Privacy Policy or any other applicable documents or policies referenced herein.

(c) Intellectual Property Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest on the Application under these Terms of Use, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under these Terms of Use, our Privacy Policy or any other applicable documents or policies referenced herein. The Company and its licensors and service providers reserve and shall retain all right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. The Application is owned by the Company or its licensors, and as such the Application is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

6. Trademarks.

The Company name, the terms LifeOmic, the Application’s name, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Application are the trademarks of their respective owners.

7. Prohibited Uses.

You may use the Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Application:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
To transmit any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To post or publish any content or information that constitutes, purports to be or could reasonably be construed to be medical advice.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or that may harm the Company or users of the Application or expose them to liability.

Additionally, you agree not to use the Application in any manner that could disable, overburden, damage or impair the Application, or in any manner that could interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application. Without limitation, you must not:

Use any robot, spider or other automatic device, process or means to access the Application for any purpose, including monitoring or copying any of the material on the Application.
Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or attack the Application via a denial-of-service attack or a distributed denial-of-service attack (“Harmful Code”).
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer or database connected to the Application.

8. User Contributions.

The Application may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Application.

You must own or control all rights in and to your User Contributions, and all of your User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the Application will be considered non-confidential and non-proprietary. By providing any User Contribution on the Application, you grant the Company and its affiliates and service providers the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and that you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible for the content or accuracy of any User Contributions posted by you or any other user of the Application.

9. Content Standards.

User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations (together with the following restrictions, “Content Standards”). Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

10. Monitoring and Enforcement.

We have the right to take any actions that we consider to be appropriate to ensure that the Application is operated in an appropriate manner. We may remove or refuse to post any User Contributions for any or no reason in our sole discretion, and we may take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Application or the public or could create liability for the Company. We may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We may terminate or suspend your access to all or part of the Application for any reason that we determine to be adequate, including any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application. YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS RESULTING FROM ANY SUCH ACTION TAKEN BY THE COMPANY.

We do not undertake to review all material before it is posted on the Application, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

11. Term and Termination.

The term of these Terms of Use commences when you acknowledge your acceptance of these Terms of Use by clicking “Agree” and will continue in effect until terminated by you or by us as set forth in this Section 11.

You may terminate these Terms of Use by deleting the Application and all copies thereof from your mobile device.

We may terminate these Terms of Use at any time without notice. In addition, these Terms of Use will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms of Use.

Upon termination: (a) all rights granted to you under these Terms of Use will also terminate; and (b) you must cease all use of the Application and delete all copies of the Application from your mobile device and account.

Termination will not limit any of the Company’s rights or remedies at law or in equity arising prior to termination. This Section 11, and Sections 5(b), 5(c), 6, 7, 9, 10, 13, 14, and 18 through 25 will survive any such termination.

12. Copyright Infringement.

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

13. Reliance on Information Posted.

The information presented on or through the Application is made available solely for general educational and informational purposes and does not constitute, and is not intended to be, a comprehensive review of any condition, diet, drug or body system. The information presented on or through the Application is not medical advice and should not be used as a substitute for, or a replacement of, clinical decision making by a doctor, nutritionist or licensed provider. We do not warrant the accuracy, completeness or usefulness of this information and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Application, or by anyone who may be informed of any of its contents.

The Application may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

14. Consult Your Doctor Before Using.

The Application is not intended to diagnose, treat, cure or prevent any disease. Consult your doctor before using the Application or changing your diet or behavior.

We do not offer, and the Application or its services does not constitute, medical, diet or healthcare services or advice. Use of the Application does not create a physician-patient relationship. If you experience any medical emergency while using the Application, immediately stop using the Application and consult a medical professional. Use of the Application is voluntary and at your own risk.

15. Changes to the Application.

We may update the content on the Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Application may be out of date at any given time, and we are under no obligation to update such material.

16. Links to Other Sites.

If the Application contains links to other sites and 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. We have no control over the contents of those sites or resources, and accept 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 Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

The Application may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Application, send e-mails or other communications with certain content, or links to certain content, on the Application, or cause limited portions of content on the Application to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. In addition to the limitations on linking set forth above, you may not cause the Application or portions of it to be displayed, or appear to be displayed by framing, deep linking or in-line linking on any other site.

17. Geographic Restrictions.

The owner of the Application is based in the state of Indiana in the United States. While we provide the Application for use by persons located in the United States and internationally, we make no claims that the Application or any of its content is accessible or appropriate outside of the United States. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

18. Disclaimer of Warranties.

We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Application for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, PROGRAMS OR APPLICATIONS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE APPLICATION, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Limitation on Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APPLICATION, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Indemnification.

You agree to defend, indemnify and hold harmless the Company and its affiliates, and their licensors, service providers, employees, agents, officers and directors, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use. Furthermore, you agree that the Company assumes no responsibility for the content you submit or make available through this Application.

21. Governing Law and Jurisdiction.

All matters relating to the Application and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).

Any legal suit, action or proceeding arising out of or related to these Terms of Use or the Application shall be instituted exclusively in the federal courts of the United States located in Indianapolis, Indiana, or the courts of the State of Indiana located in Indianapolis, Indiana, except that we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23. Waiver and Severability.

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

24. Important Information and Disclaimers

No Use for Medical Diagnosis, Treatment or Prevention.

The Application is not a medical device and it is not intended to diagnose, treat, cure or prevent any disease or condition, nor is it a substitute for any professional medical or therapeutic advice, diagnosis or treatment. Accordingly, we do not provide any warranty or representation with respect to the merchantability, fitness or suitability of the Application for treating any medical condition. Because the Application is not a medical device, it has not been developed or manufactured in accordance with quality standards that may be necessary for materials intended for use in medical device applications and we have not sought or received any rulings from the U.S. Food and Drug Administration as to the safety or effectiveness of the Application for medical purposes.

Users of the Application proposing to evaluate or use our products or services for a medical or therapeutic purpose should rely upon qualified, licensed medical or therapy providers before doing so. The information presented on the Application is made available solely for general information purposes and does not constitute, and is not intended to be, a comprehensive review of any condition or body system. The information presented on the Application should not be used as a substitute for, or a replacement of, clinical or therapeutic decision making by a licensed provider. We do not warrant the accuracy, completeness or usefulness of this information and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Application, or by anyone who may be informed of any of its contents. We do not offer, and the Application does not constitute, medical, therapeutic or healthcare services or advice. Use of the Application does not create a physician-patient or therapist-patient relationship. If you experience any medical emergency while using the Application, immediately stop using the Application and consult a medical professional. Use of the Application is voluntary and at your own risk. We may update the content on the Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

Disclaimer: Consulting With Third Parties.

If you choose to use the Application to interact with third parties (including other users or professionals or advisers that you may choose to communicate with through the Application), you acknowledge and agree that we are not the provider of, we cannot and do not control, and therefore we will not be responsible or liable for (and we do not warrant the quality, timing, accuracy, availability, suitability, reliability, safety, completeness, legality or usefulness of), any communications, information or advice made available by one user to another user through the Application. We cannot and do not control, are not responsible for, and make no representations regarding the skills, talents, experience and/or qualifications of any other user of the Application or whether any communications, information or advice provided by such users will meet the particular requirements of any person or entity. Any reliance that any person or entity places on such communications, information or advice is strictly at his, her or its own risk. We disclaim all liability and responsibility arising from any reliance placed on such communications, information or advice by you or by anyone who may be informed of any of the contents thereof. The availability of any user to provide communications, information or advice through the Application does not imply our endorsement of such services for the unique needs of any particular person or entity. We do not undertake to vet or verify the qualifications (or, where applicable, licensure status) of any user providing communications and information through the Application, including with respect to those that hold himself or herself out to be a professional. You are responsible for vetting and verifying such qualifications and statuses. All statements and/or opinions expressed by any users are solely the opinions of and the responsibility of the user. We do not offer, and our provision of the Application does not constitute, medical, legal, tax, accounting or other professional services or advice.

Disclaimer: Responsibility for Interactions.

The Application is solely designed to facilitate communications, payments and workflow between and among users. We are not responsible for (and will not be liable for) interactions between and among users. We are not a party to any relationship or contract between any users that have elected to use the Application, except for our role (where applicable) as the limited authorized agent acting on behalf of the applicable business or on behalf of the applicable professional for the purpose of accepting payments from users and transmitting such payments (less our services fees) to the business or to the professional (as applicable). All such dealings are solely between the applicable users. We will not be responsible for in any way intervening in, mediating or resolving any dispute between users. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY AGREE TO RELEASE US (AND ALL OF OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

25. Use of SkillSpring

Through the Application, you may choose to interact with third parties (including other users or professionals or advisers that you may choose to communicate with through the Application) using the SkillSpring service, offered to you by our affiliate, LifeOmic Holdings LLC. To use this feature, you must first complete the required SkillSpring registration process. If you choose to use SkillSpring as a business (making yourself or your employees or agents available to provide information or advice to other users, in exchange for payment to LifeOmic Holdings LLC of the designated service fees) (a “Connect Business User”) then you agree you will be bound by (and you will in all respects comply with) the SkillSpring Online Subscription Agreement, a separate contract directly between you and LifeOmic Holdings LLC. If you choose to use SkillSpring otherwise (such as an individual user seeking information or advice from others) then you agree you will be bound by (and you will in all respects comply with) the SkillSpring End User License Agreement, a separate contract directly between you and LifeOmic Holdings LLC. Finally, we and each Connect Business User both acknowledge and agree that: (a) we are each an independent controller of European Personal Information under GDPR and will individually determine the purposes and means of our respective processing of European Personal Information; (b) we each will (1) process all Personal Information only for the limited and specified purposes consistent with the consent we have obtained from the applicable individual user and consistent with Privacy Laws and own respective privacy policies and user agreements, (2) protect Personal Information as required by Privacy Laws while processing Personal Information, and (3) immediately notify the other party if the first party makes a determination that it can no longer meet the obligations set forth in this Section 25 (and in such case immediately cease processing Personal Information or take reasonable and appropriate steps to remediate any unauthorized processing). For the purposes of this Section 25, “Personal Information” means any information relating to an identified or identifiable natural person; “European Personal Information” means Personal Information originating in the European Economic Area, the United Kingdom or Switzerland; and “Privacy Laws” means (A) to the extent applicable, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data including the recitals and any equivalent or implementing legislation (“GDPR”); and (B) applicable U.S. federal and state data protection, privacy and security breach notification laws, rules and regulations. More information can be found by reviewing the above-referenced terms and conditions and via the SkillSpring Privacy Policy.

26. Entire Agreement.

The Terms of Use, Copyright Policy and our Privacy Policy constitute the sole and entire agreement between you and LifeOmic Holdings LLC, with respect to the Application and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Application.

Your Comments and Concerns.

This Application is operated by LifeOmic Holdings LLC, 351 W. 10^thSt., Indianapolis, IN 46202.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Application should be directed to: info@lifeomic.com.

What is Integrative Oncology?

Author: Paige Brown Jarreau, PhD
Reviewer: Jamie Renbarger, MD, MS

What is Integrative Oncology?

Author: Paige Brown Jarreau, PhD
Reviewer: Jamie Renbarger, MD, MS

Many people and cultures have known for a long time that treating the mind and the spirit can improve physical health. Exploring mind-body-spirit treatments like yoga, art therapy, acupuncture or herbal remedies can help you regain a sense of control as you face a cancer diagnosis and can help you cope with the stresses of this monumental life change. A healthy mind and spirit can in turn have very real physical effects on your body and your body’s responses to cancer treatment.

A Western medicine approach to cancer consists of therapies proven to work for many different people in clinical trials. These conventional therapies include surgery, chemotherapy, radiation therapy, immunotherapy and hormonal therapy, for example. We know for sure that these therapies help to eliminate cancer cells, which are cells that are able to survive and grow despite many “stop” signals sent to them from the body.

Conventional therapies are our first line of defense in cancer treatment. They are powerful and effective. But there are also many complementary or supportive therapies available for people with cancer: exercise, physical therapy, special diets, yoga, massage, meditation, guided imagery, music therapy, prayer, journaling, acupuncture, herbal medicines and dietary supplements. These complementary therapies can’t rid the body of tough cancer cells on their own. But that doesn’t mean that they can’t be extremely valuable in cancer care.

When combined with conventional therapies, complementary therapies can have measurable benefits on physical and mental healing and overall quality of life. Cancer care that combines conventional therapies, like radiation, with complementary therapies, like meditation and guided imagery, is called integrative oncology. Many modern cancer centers have integrative medicine programs that offer complementary therapies on-site.

“Integrative oncology is a patient-centered, evidence-informed field of cancer care that utilizes mind and body practices, natural products, and/or lifestyle modifications from different traditions alongside conventional cancer treatments. Integrative oncology aims to optimize health, quality of life, and clinical outcomes across the cancer care continuum and to empower people to prevent cancer and become active participants before, during, and beyond cancer treatment.”

Recap: No existing complementary or “alternative” therapy can cure cancer. Cancer is a complex disease that often requires many different interventions. However, many complementary therapies can boost the success of conventional cancer treatments.

How does integrative oncology work?

Integrative therapies can help people thrive in their journeys through cancer treatment. Research has found that many complementary therapies can help with chemotherapy and radiation side effects like nausea and pain. Complementary therapies like meditation, journaling, spiritual practice and other mental health interventions can also help patients better handle the extreme stress of living with cancer.

Mental distress can make it more difficult for you to make it to healthcare appointments, get good sleep or remain hopeful for the future. Mental stress and distress can even trigger inflammation and make it more difficult for your immune system to fight off or prevent the formation of new cancer cells. So any complementary therapy that helps you feel better and helps you have a positive outlook and be more relaxed can be a valuable addition to your cancer care toolkit.

Here is a short list of the benefits of various complementary therapies in cancer care:

Journaling, talk therapy and social support can help you meet the mental and emotional challenges of cancer treatment.
Complementary therapies that you can pursue at home, like a special diet, will help give you a sense of control and relieve stress during times of high uncertainty in your cancer journey.
A healthy diet and exercise can lower inflammation, strengthen your body’s own cancer-fighting immune system, help with cancer-related fatigue, and reduce stress.
Mental health support can improve your quality of life and help you thrive even as you face cancer.
Yoga, massage, guided imagery or hypnosis, acupuncture and similar activities can help relieve pain and nausea, common side effects of conventional cancer therapies and cancer itself.

What about the risks?

You wouldn’t take a prescription medicine or pursue a serious medical intervention without speaking with your doctor. The same should be true for any complementary therapy you consider during cancer treatment. Anything that we do to or put in our bodies can interact with existing medicines or therapies we are receiving. Drinking coffee while taking a melatonin sleeping supplement would have opposite effects on your body and possibly harmful side effects.

Many supportive therapies work in positive or complementary ways with conventional cancer therapies like chemotherapy, but some can interact in harmful ways. It’s important that you speak with your cancer care team about any complementary therapies or lifestyle changes you are considering before or during your treatment for cancer. They may ask you to wait until after a particular treatment to take a dietary supplement that could interfere with the treatment, for example. Most oncologists will support you in pursuing complementary therapies, and may work with you to make sure that the ones you are pursuing are the best ones for your specific health needs.

An oncology social worker or navigator can also help you with coordinating care and encouraging communication amongst providers.

Summary: Integrative oncology is a holistic approach to cancer care, including a combination of conventional and complementary therapies aimed at optimizing health, quality of life, and short and long term health outcomes.

Here is a short list of the benefits of various complementary therapies in cancer care:

Journaling, talk therapy and social support can help you meet the mental and emotional challenges of cancer treatment.
Complementary therapies that you can pursue at home, like a special diet, will help give you a sense of control and relieve stress during times of high uncertainty in your cancer journey.
A healthy diet and exercise can lower inflammation, strengthen your body’s own cancer-fighting immune system, help with cancer-related fatigue, and reduce stress.
Mental health support can improve your quality of life and help you thrive even as you face cancer.
Yoga, massage, guided imagery or hypnosis, acupuncture and similar activities can help relieve pain and nausea, common side effects of conventional cancer therapies and cancer itself.

References:

Advisors

Our Advisors

All
Advisors

Tom Barber

Chief Scientific Officer
Ed Simcox

Advisor
Paul Weber

Advisor
Milad Alucozai

Advisor
Emma Bowman

Advisor

by Candace Luebbehusen

Terms and Conditions - Version 1.3

Online Subscription
& Services Agreement

Version 1.3

LIFEOMIC HOLDINGS LLC (“LifeOmic” or “we”) provide subscriptions to our LifeOmic Platform, which includes the modules, functionality and features described on your Service Order, and including all new versions, updates, revisions, improvements and modifications of this platform (all together, the “Software”) as well as the Services described below, subject to the terms and conditions of this agreement (this “Agreement”).

Acceptance. By executing a Service Order with LifeOmic, you also accept the terms of this Agreement. You should read this Agreement carefully for the terms and conditions that govern your use of the Software and your receipt of the Services. The individual executing the Service Order on your behalf represents and warrants to us that he or she is fully and duly authorized to agree to be bound by this Agreement on your behalf.‌
Our Services‌.
1. Services. During the Term, we will use commercially reasonable efforts to provide to you and your Authorized Users the following services (the “Services”): (i) the hosting, management and operation of the Software for remote electronic access and use by you and your Authorized Users; (ii) the Support Services described in Section 5; and (iii) any other services we agree to provide in your Service Order.‌
2. Changes. We may make any changes to the Software that we deem necessary or useful to improve the Software or for any other reason. If you do not agree with the changes we make to the Software, you may exercise your right not to renew our contract as described below in Section 10.a.
3. Subcontractors. We may, in our discretion, engage subcontractors to perform Services under this Agreement, but we will remain liable for any act or omission by such subcontractors that would be a breach or violation of this Agreement.
4. Suspension of Services. We may suspend or deny your or any Authorized User’s access to or use of all or any part of the Services or Software, without any liability to you or others, if (i) we’re required to do so by law or court order, (ii) you or any Authorized User have accessed or used our Services or Software beyond the scope of the rights granted to you under this Agreement, (iii) you or any Authorized User are or have been involved in any fraudulent, misleading or unlawful activities relating to or in connection with the Software or any of the Services, (iv) you or any Authorized User have failed to comply with the limitations and restrictions described in Section 3.b, (v) you have failed to cooperate or otherwise comply with the further assurances required of you in Section 8.d, or (vi) you or any Authorized User have otherwise failed to comply with this Agreement and have failed to cure such breach within 10 days after we provide written notice to you. Our remedies in this Section are in addition to, and not in lieu of, our termination rights in Section 10.
Right to Access and Restrictions.
1. Authorization. So long as you and your Authorized Users comply with this Agreement, we hereby authorize you to access and use, during the Term, the Services and the Software (including any provided Third-Party Materials) for your internal business purposes (the “Permitted Use”), by and through your Authorized Users, in accordance with the documentation we provide with the Software (the “Documentation”). This authorization is non-exclusive and non-transferable (except as described in Section 14(f)).
2. Limitations and Restrictions. You must not, and you must not permit any other person or entity to, access or use the Services or the Software except as we’ve specifically allowed in this Agreement and, in the case of any third-party materials (including open source components) we provide to you (“Third-Party Materials”), as allowed in the applicable third-party license agreement. You and your Authorized Users must not do any of the following:
  1. copy, modify or create derivative works or improvements of our Software;
  2. make our Software or Services available (e.g., sublicense, distribute or transfer) to any other person or entity, including through any time-sharing, service bureau or software as a service arrangement;
  3. reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of our Software;
  4. input, upload, transmit or otherwise provide to or through the Software or Services any information or materials that are unlawful or injurious, or contain, transmit or activate any Harmful Code;
  5. damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner our Software or Services or our ability to provide services to any third party;
  6. access or use our Software or Services in any way that infringes, misappropriates or otherwise violates any intellectual property right, privacy right or other right of any third party, or that violates any applicable law or regulation; or
  7. access or use our Software or Services for the development or provision of a competing software service or product.
Service Level Commitment. We will use commercially reasonable efforts to keep the Software available and operating in accordance with its Documentation at least 99.9% of the time (measured on a month-by-month basis), except for unavailability due to any Scheduled Downtime or Exceptions. “Scheduled Downtime” means pre-scheduled downtime for routine maintenance between 10:00 p.m. and 6:00 a.m. Eastern time where we’ve given you at least 48 hours prior notice of such downtime. “Exceptions” means any downtime or failure of the Software due, in whole or in part, to any (a) access or use of the Software not in accordance with this Agreement or the Documentation, (b) your or your Authorized User’s internet connectivity issues, (c) Force Majeure Event, (d) failure, interruption, outage or other problem with any software, hardware, system, network, or other technology infrastructure that is not ours, or (e) suspension of your access to the Software or Services as described in Section 2.d above. If we fail to meet the availability commitment described above, we will credit you 10% of your Prorated Monthly Fee (as defined below) for the month when the failure occurred. If you are unhappy with the service availability, you may also exercise your right not to renew our contract as per Section 10.a.
Support Services. Your subscription comes with our standard support (“Support Services”), which includes: (a) e-mail support (or other online support made available to our customers from time to time) to: (i) provide technical and operational assistance for the use of the Software, including assistance with initial configuration of the Software, and (ii) attempt to correct any reproducible failure of the Software to perform in accordance with its Documentation; and (b) case management to help track the status of any failures reported to us. You must provide all information and assistance that we reasonably request in connection with providing such Support Services. To be sure, our Support Services do not include: (i) support for software or hardware that is not ours, (ii) on-site training or assistance; or (iii) performance of any professional, consulting or advisory services.
Security and Data.
1. Security Program. We will develop, implement, maintain and monitor a written data security program that contains commercially reasonable administrative, technical, and physical safeguards to protect against anticipated threats or hazards to the security, confidentiality or integrity of Your Data, including the unauthorized or accidental acquisition, destruction, loss, alteration or use of, and the unauthorized access to, Your Data, in a manner that is consistent with applicable federal and state laws and regulations, including HIPAA. We will review and, as appropriate, revise our security program at least annually or whenever there is a material change in our business that may reasonably affect the security or integrity of Your Data.
2. Physical and Environmental Security. We will ensure that our information processing facilities that handle, process, and store Your Data are housed in secure areas and protected by perimeter security, such as barrier access controls that provide a physically secure environment from unauthorized access, damage, and interference.
3. Security Breaches. We will promptly report to you any unauthorized acquisition, access, use or disclosure of Your Data maintained on servers owned or otherwise licensed by us from a third party (e.g. AWS) (each, a “Security Breach”). We will also use diligent efforts to remedy any such Security Breach in a timely manner and deliver to you a root cause assessment and future incident mitigation plan with regard to each Security Breach.
4. Data Backup and Disaster Recovery. Throughout the Term, we will maintain or cause to be maintained commercially reasonable disaster avoidance procedures designed to safeguard Your Data, our processing capability and the availability of the Software. Without limiting the foregoing, we will conduct or have conducted daily backups of Your Data and perform or cause to be performed other periodic backups of Your Data and store such backups in a commercially reasonable location and manner.
5. Reputable Hosting Provider. We may provide our hosting services using Amazon Web Services (“AWS”) or such other hosting provider that implements and maintains commercially reasonable security programs, policies, procedures, controls and technologies.
Confidentiality.
1. Treatment of Confidential Information. If you and we already have a nondisclosure agreement in place that will continue to apply during the Term of this Agreement, then you and we will indicate this in your Service Order. Otherwise, the following confidentiality provisions will apply: During the Term and for a period of five years thereafter, each receiving party (each, a “Recipient”) will hold in strict confidence any proprietary or confidential information (collectively, “Confidential Information”) of the other party (the “Discloser”) and will not disclose Discloser’s Confidential Information to any third party nor use the Discloser’s Confidential Information for any purpose except for carrying out its obligations or exercising its rights under this Agreement. To be clear, our Software, all information related to our Software, and the terms and existence of this Agreement are all our Confidential Information, and Your Data is your Confidential Information. These restrictions will not restrict the use or disclosure of information disclosed by one party to the other that (i) is or becomes publicly known other than as a result of any act by the Recipient, (ii) is lawfully received by the Recipient from a third party not in a confidential relationship with the Discloser, (iii) was already rightfully known by the Recipient prior to receipt thereof from the Discloser, or (iv) after notice and an opportunity to object, is required by law to be disclosed. Notwithstanding the foregoing, each party’s confidentiality obligations will survive with respect to the other party’s Confidential Information that is a trade secret for so long as such Confidential Information continues to be a trade secret under applicable law.
2. Protected Health Information. With respect to handling any Protected Health Information, we will comply with the applicable provisions of HIPAA to the same extent as you are required to comply with HIPAA. We will not use or further disclose any Protected Health Information other than as permitted by this Agreement and the requirements of HIPAA pertaining to you. To the extent we are a “business associate” of yours under HIPAA, we will execute a business associate agreement with you, in a form that you and we agree upon, and we will comply with such agreement.
Fees and Payment.
1. Fees. You will pay to us the subscription fees and other fees and charges described in your Service Order (the “Fees”) in accordance with your Service Order and this Section. All Fees once paid are non-refundable.
2. Taxes. Our Fees do not include taxes and similar assessments. We will pass along to you the cost of all sales and excise (and other similar) taxes, duties and charges of any kind imposed by a governmental authority on amounts payable under this Agreement, other than taxes imposed on our income. If any such amounts are owed to a governmental authority, we will calculate the amount of the obligation and include this on your bill or invoice, and we will remit those amounts to the applicable authority.
3. Payment. You will make all payments in US dollars. You will, upon our request, establish and maintain valid and updated credit card information or a valid ACH auto debit account (in each case, the “Automatic Payment Method”). Upon establishment of an Automatic Payment Method, we may charge the Fees using that Automatic Payment Method. If instead we invoice you for the applicable Fees, invoiced amounts are due net 30 days from the invoice date. You are responsible for providing complete and accurate billing and contact information and notifying us of any changes to that information.
4. Further Assurances. If at any time, through your usage of the Software and our Services or otherwise, you incur an aggregate balance owed to us of $5,000 or more, we reserve the right, in our reasonable discretion, to take any reasonable action to ensure and confirm your ability to pay, including, but not limited to, processing a D&B report, processing a credit report, requiring written validation that the individual who has executed this Agreement on your behalf was duly authorized, processing a nominal charge to your Automatic Payment Method for validation purposes, or requiring you to immediately deposit an amount equal to a commercially reasonable percentage of the balance owed. You will provide all reasonable cooperation and assistance we request in connection with our actions under this Section.
Intellectual Property Rights.
1. Software and Services. We (or the respective rights holders in any Third-Party Materials) own all right, title and interest in and to the Services and our Software, including all related intellectual property rights. We are not granting you any right, license or authorization with respect to any of the Services, our Software, or any Third-Party Materials except as we’ve specifically provided in Section 3.a above (and subject to the limitations and restrictions in Section 3.b above). We and the respective rights holders in any Third-Party materials reserve all other rights in and to the Services, our Software, and any Third-Party Materials.
2. Your Data. As between you and us, you are and will remain the sole and exclusive owner of all right, title and interest in and to all of Your Data, including all intellectual property rights relating to Your Data, subject to the rights you grant to us in Section 9.c.
3. Right to Use Your Data. During the Term, you hereby grant all such rights and permissions in or relating to Your Data: (i) to us and our subcontractors as are necessary to perform the Services and provide our Software to you; (ii) to us as are necessary to enforce this Agreement and exercise our rights and perform our obligations under this Agreement; (iii) to us as are necessary or useful for our internal research purposes, to improve the quality of our analytics, and to improve our algorithms.
4. AI Model Improvements. To the extent we make any improvements to our algorithms (“Improvements”) based upon our Software’s processing of Your Data and the resulting “machine learning” or “training” of our algorithms, you agree that we own all right, title and interest in and to the Improvements, including all related intellectual property rights. You specifically acknowledge and agree that any Improvements based upon processing of Your Data may be used for the benefit of our other customers.
Term and Termination.
1. Term. The initial term of this Agreement is as indicated in your Service Order (the “Initial Term”). After the Initial Term, this Agreement will automatically renew for successive periods of the same duration as the Initial Term unless a different renewal period duration is expressly indicated in your Service Order (each a “Renewal Term” and, together with the Initial Term, the “Term”) unless one of us gives the other written notice of non-renewal at least 30 days before the end of the then-current term.
2. Termination. In addition to any other termination rights described in this Agreement, this Agreement may be terminated at any time:
  1. By us, effective when we provide written notice to you, if you fail to pay any Fees when due and if you do not cure this failure within 10 days after our written notice regarding your late payment; By either party, effective when that party provides written notice to the other, if the other party materially breaches this Agreement and such breach (A) is incapable of cure, or (B) being capable of cure, remains uncured 30 days after the non-breaching party provides the breaching party with written notice regarding such breach; and
  2. By either party, effective immediately, if the other: (A) is dissolved or liquidated or takes any corporate action for such purpose; (B) becomes insolvent or is generally unable to pay its debts as they become due; (C) becomes the subject of any voluntary or involuntary bankruptcy proceeding under any domestic or foreign bankruptcy or insolvency law; (D) makes or seeks to make a general assignment for the benefit of its creditors; or (E) applies for, or consents to, the appointment of a trustee, receiver or custodian for a substantial part of its property.
3. Effect of Termination. If this Agreement is terminated or expires, then, except as specifically described below in Section 10.d: (i) all rights, licenses and authorizations granted by one party to the other will immediately terminate, (ii) we may disable your and your Authorized Users’ access to the Software, and (iii) we each will cease all use of the other party’s Confidential Information and promptly destroy or (at such other party’s request) return all of the other party’s Confidential Information, except that each party may retain Confidential Information in its backups, archives and disaster recovery systems until such Confidential Information is deleted in the ordinary course (so long as it remains subject to all confidentiality, security and other applicable requirements of this Agreement).
4. Post-Termination Retrieval of Your Data. During the 30 days after termination or expiration of this Agreement, we will not destroy or remove any of Your Data as a result of the termination or expiration. During that period, we will allow you continued access to the Software and our Services for the sole purpose of retrieving any of Your Data, unless (i) doing so is prohibited by law or is reasonably likely to subject us to liability, or (ii) we would otherwise have the right to suspend your access as described above in Section 2.d. For any use of our Software or Services during such period, the terms of this Agreement will continue to apply.
5. Surviving Terms. Sections 3.b (Limitations and Restrictions), 7 (Confidentiality), 9 (Intellectual Property Rights), 10.c (Effect of Termination), 10.d (Post-Termination Retrieval of Your Data), 11.b (Your Assurances), 12 (Indemnification), 13 (Limitations of Liability), 14 (Miscellaneous), 15 (Definitions) and this Section will survive any expiration or termination of this Agreement.
Assurances.
1. Mutual. Each party represents and warrants to the other that: (i) it has the full right, power and authority to enter into and perform its obligations and grant the rights, licenses and authorizations it grants and is required to grant under this Agreement; and (ii) it will comply with all applicable federal and state laws, statutes, rules and regulations in the performance of its obligations hereunder.
2. By You. You represent, warrant and covenant that: (i) your collection and use of all of Your Data (including as contemplated in this Agreement) is consistent with your own privacy policy, with any applicable IRB-approved patient or research subject informed consent document, and with all applicable international, federal and state laws, rules and regulations, including but not limited to HIPAA, GDPR, CCPA, the Common Rule and GINA; (ii) to the extent any patient or research subject has withheld consent for the use of any of their data, information or materials for the purposes described in Section 9.c, you have notified us in writing and have complied with our reasonable requirements for you to segregate the applicable patient or research subject data, information or materials at the time it is delivered to us; and (iii) to the extent any patient or research subject has withdrawn consent for the use of any of their data, information or materials for any purpose contemplated under this Agreement, you will immediately notify us in writing and reasonably cooperate with us in our efforts to return or destroy such patient’s or research subject’s data, information or materials to the extent required by applicable law. You will indemnify, defend and hold us and our subcontractors and personnel harmless from any third party Claim arising from allegations that you or your Authorized Users have breached any provision in this Section.
3. By Us Regarding Our Services. We warrant that we will perform all Services in a timely, professional and workmanlike manner, using adequate resources and appropriately qualified personnel, and consistent with the highest standards of quality in our industry.
4. By Us Regarding Our Software. We warrant that: (i) the Software will at all times during the Term substantially conform in all material respects to the specifications set forth in your Service Order and its Documentation, (ii) we have used and will continue to use all reasonable efforts consistent with industry best practices to ensure that the Software does not contain (and will not introduce) any Harmful Code into any of your devices, software, systems or telecommunications equipment, (iii) we have all necessary rights to possess, use, and authorize you and your Authorized Users to use in accordance with this Agreement our Software, (iv) our Software as provided to you under this Agreement complies with all applicable federal, state and local laws, rules and regulations.
5. Warranty Limitations. The warranties in Section 11.d above do not apply to any non-conformance resulting from: (i) your use of the Software in a manner inconsistent with this Agreement or its Documentation, (ii) the operation of or access to your or a third party’s system or network, or (iii) any Third-Party Materials. Additionally, if we breach the warranty in Section 11.d(i) above, we will, within a commercially reasonable period of time, at our sole option, and at our sole cost and expense, either (x) modify, fix or correct the Software to remedy such non-conformity, or (y) replace the non-conforming portion of the Software, in each case without causing a material loss of features or functionality of the Software. If we do not cure the breach as provided in the preceding sentence within a commercially reasonable period of time after our receipt of written notice from you regarding the breach, then you may, effective upon your written notice, terminate this Agreement. THE REMEDIES DESCRIBED IN THIS SECTION 11.e ARE YOUR SOLE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY BREACH OF THE WARRANTY PROVIDED IN SECTION 11.d(i).
6. Disclaimer of Warranties. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES IN SECTIONS 11.a, 11.c AND d, ALL SERVICES AND OUR SOFTWARE ARE PROVIDED “AS IS” AND WE HEREBY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS.
7. Additional Disclaimer. NEITHER WE NOR ANY OF OUR (OR OUR AFFILIATES’) OFFICERS, DIRECTORS, OWNERS, SUBCONTRACTORS OR OTHER PERSONNEL SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES, COSTS, EXPENSES OR LIABILITIES OF ANY KIND OR NATURE, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, IN CONNECTION WITH (i) ANY ACTION OR INACTION BY US, OR BY OUR SUBCONTRACTORS OR OTHER PERSONNEL, AT YOUR DIRECTION OR INSTRUCTION (OR AT THE DIRECTION OR INSTRUCTION OF YOUR SUBCONTRACTORS OR OTHER PERSONNEL) OUTSIDE THE SCOPE OF OUR SERVICES AS CONTEMPLATED BY THIS AGREEMENT, OR (ii) AS A RESULT OF YOU, YOUR AUTHORIZED USERS, OR ANY OTHER PARTY ACTING ON YOUR BEHALF GRANTING ADMIN- OR VIEW-LEVEL ACCESS TO YOUR SOFTWARE ACCOUNT TO US OR ANY OF OUR EMPLOYEES, SUBCONTRACTORS OR OTHER PERSONNEL.
Indemnification.
1. By Us. We will indemnify, defend and hold you and your officers, directors, employees, agents, successors and permitted assigns (each, including you, an “Indemnitee”) from and against any and all Losses incurred by the Indemnitee arising out of or relating to any Claim by a third party (other than an affiliate of an Indemnitee) to the extent that such Losses arise from any allegation that your use of the Services or Software (excluding Your Data and Third-Party Materials) in accordance with this Agreement and the Documentation infringes any intellectual property right of such third party. This obligation does not apply to the extent that such Claim arises from your or your Authorized Users’ failure to timely implement any upgrades or enhancements we make available or from any Claims for which you are obligated to indemnify pursuant to Section 11.b above. Additionally, this obligation does not apply unless the Indemnitee (a) promptly gives us written notice of the Claim, (b) gives us sole control of the defense and settlement of the Claim (provided that we may not settle any Claim that imposes liability on or contains any admission of fault by the Indemnitee without the Indemnitee’s consent), (c) provides us (at our sole cost and expense) with all available information and reasonable assistance necessary for us to defend or settle the Claim; and (d) has not compromised or settled the Claim without our prior written approval.
2. Mitigation. If the Services or Software are, or in our opinion are likely to be, claimed to infringe any intellectual property right, we may, at our option and our sole cost and expense: (i) obtain the right for you to continue to use the Services and Software as contemplated by this Agreement, (ii) modify or replace the Services and Software to make the Services and Software (as so modified or replaced) non-infringing, without causing a material loss of features or functionality, or (iii) if the remedies in clauses (i) and (ii) are not feasible within commercially reasonable standards, then we may terminate this Agreement upon written notice and without any liability to you.
3. Sole Remedy. THIS SECTION 12 SETS FORTH YOUR SOLE REMEDIES AND OUR SOLE LIABILITY AND OBLIGATION TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY ACTUAL, THREATENED OR ALLEGED CLAIMS THAT THIS AGREEMENT OR ANY SUBJECT MATTER HEREOF (INCLUDING THE SERVICES AND SOFTWARE) INFRINGES, MISAPPROPRIATES OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
Limitations of Liability.
1. Exclusion of Damages. IN NO EVENT WILL EITHER PARTY, OR ANY OF THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (i) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT; (ii) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SOFTWARE OR SERVICES, OTHER THAN FOR THE ISSUANCE OF ANY APPLICABLE SERVICE CREDITS PURSUANT TO SECTION 4, (iii) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY, OTHER THAN PURSUANT TO THE POLICY CROSS-REFERENCED IN SECTION 6.c, OR (iv) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, IN EACH CASE REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
2. Cap on Monetary Liability. IN NO EVENT WILL THE AGGREGATE LIABILITY OF EITHER PARTY OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE GREATER OF (i) $100,000, OR (ii) THE AGGREGATE AMOUNT PAID TO LIFEOMIC HEREUNDER DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST CLAIM HEREUNDER (NOT TO EXCEED $500,000). THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
3. Exceptions to Limitations. The exclusions and limitations in this Section 13 will not apply to a party’s confidentiality obligations, a party’s indemnification obligations, liability for a party’s infringement or misappropriation of the other’s intellectual property rights, or liability for a party’s fraud, gross negligence or willful or intentional misconduct.
Miscellaneous. (a) Entire Agreement.This Agreement and the Service Order constitute the entire agreement, and supersede all prior negotiations, understandings or agreements (oral or written), between the parties regarding the subject matter of this Agreement (and all past dealing or industry custom). (b) Counterparts. Any Service Order may be executed in one or more counterparts, each of which will be an original, but taken together will constitute one and the same instrument. Execution of a facsimile copy (including PDF) or execution through electronic means will have the same force and effect as execution of an original. (c) Amendment, Severability and Waiver. No change, consent or waiver under this Agreement will be effective unless in writing and signed by the party against which enforcement is sought. Any delay or failure of either party to enforce its rights, powers or privileges under this Agreement, at any time or for any period, will not be construed as a waiver of such rights, powers and privileges, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. (d) Governing Law and Venue. This Agreement will be deemed to have been made in, and will be governed by and construed in accordance with the laws of, the State of Indiana, without regard to its conflicts of law provisions. The sole jurisdiction and venue for actions related to this Agreement will be the state or federal courts located in Indianapolis, Indiana, and both parties consent to the exclusive jurisdiction of such courts with respect to any such action. (e) Notices. All notices under this Agreement will be in writing and may be delivered by electronic mail in portable document format (.pdf), certified or registered mail, overnight courier, or personal delivery, in each case to the address or e-mail address specified in the Service Order. (f) Assignment. Neither party may assign, delegate or otherwise transfer its rights or obligations under this Agreement without the prior written consent of the other party; provided that either party may assign this Agreement in its entirety without the other party’s consent to its affiliates or to an entity that acquires all or substantially all of the business or assets of such party to which this Agreement pertains, whether by merger, reorganization, acquisition, sale or otherwise. This Agreement will be binding upon, and inure to the benefit of, the successors and permitted assigns of the parties. (g) No Third Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or will confer on any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. (h) Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement will be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party will have authority to contract for or bind the other party in any manner whatsoever. (i) Publicity Rights. We may, without your consent, include your name, trademarks and/or logos on our website and/or in other sales and marketing materials in order to factually identify you as a current or former customer (as the case may be). (j) Force Majeure. Neither party will be liable for any delays or non-performance of its obligations (excluding the obligation to pay fees due hereunder) arising out of causes not within such party’s reasonable control, including, without limitation, actions or decrees of governmental authorities, criminal acts of third parties, earthquakes, flood, and other natural disasters, war, terrorism, acts of God, or fire (a “Force Majeure Event”), except to the extent that the delay or non-performance was not reasonably safeguarded against (in accordance with industry standards) or the party had notice. (k) Equitable Remedies. Each party acknowledges and agrees that a breach or threatened breach by such party of any of its obligations under Section 3.b (Limitations and Restrictions), Section 7 (Confidentiality) or Section 9 (Intellectual Property Rights) of this Agreement would cause the other party irreparable harm for which monetary damages would not be an adequate remedy and that, in the event of such breach or threatened breach, the other party will be entitled to equitable relief, including in a restraining order, an injunction, specific performance and any other relief that may be available from any court of competent jurisdiction, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.
Other Definitions. Capitalized terms that are used in this Agreement have the meanings described below, or as otherwise defined in your Service Order.
- “Authorized User” means each of your employees that has been granted valid access credentials for the Software.
- “CCPA” means The California Consumer Privacy Act of 2018, The California Privacy Rights Act of 2020, and all regulations promulgated under and in connection with the foregoing (collectively, and as modified from time to time).
- “Claim” means any investigation by a governmental body, claim, suit, action or proceeding.
- “Common Rule” means the Federal Policy for the Protection of Human Subjects, 45 C.F.R. Part 46 (as modified from time to time).
- “Your Data” means information, data and other materials that are collected, uploaded or otherwise received, directly or indirectly, from you or an Authorized User by or through the Software or Services.
- “GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 or any successor European Union data protection framework.
- “GINA” means the Genetic Information Nondiscrimination Act of 2008, Public Law 110-233, and all regulations promulgated thereunder, 29 C.F.R. Part 1635 (collectively, and as modified from time to time).
- “Harmful Code” means any software, hardware or other technology, device or means, including any virus, worm, malware or other malicious computer code, the purpose or effect of which is to permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (a) computer, software, firmware, hardware, system or network or (b) any application or function of any of the foregoing or the security, integrity, confidentiality or use of any data processed thereby.
- “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended by the Health Information Technology for Economic and Clinical Health Act, 42 U.S.C. § 17931, and all regulations promulgated thereunder, 45 C.F.R. Parts 160 through 164 (collectively, and as modified from time to time).
- “Loss” means any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers.
- “Prorated Monthly Fee” means either (a) if your Software subscription fees are being billed on a monthly basis, the monthly subscription fee actually paid by you for the month in which the failure of Availability occurred, and (b) if your Software subscription fees are being billed on an annual basis, 1/12^th of the annual subscription fee actually paid by you for the year in which the month with the failure of Availability occurred.
- “Protected Health Information” has the meaning given to it under HIPAA.
- “Service Order” means the Service Order executed by you and us, which is incorporated into this Agreement for all purposes.

by Justin helmig

Powering Precision Health

ONE PLATFORM TO

ACTIVATE PRECISION HEALTH

AND WELLNESS

Spanning the health continuum

from prevention and wellness to

diagnosis, management, treatment and

research

IFE FASTING TRACKER

The LIFE Fasting Tracker mobile app tracks your fasts, monitors your progress and lets you connect with a fasting community.

LIFE EXTEND

The Life EXTEND mobile application provides a set of tools to help you live longer and healthier via 5 scientific pillars of health.

LIFE APPS

The LIFE Apps content site provides free, science-backed health and wellness content.

A revolutionary wellness program developed by the biomedical experts at LifeOmic. Precision Wellness leverages the same cloud platform, mobile apps and artificial intelligence technologies used to diagnose and treat cancer at major academic medical centers.

Prevention is a core tenet of realizing the benefits of precision health. The LifeOmic Precision Health Cloud and LIFE mobile apps, enables you to predict health issues, educate patients and help them establish disease preventing habits.

Leverage data to manage diseases delivering better outcomes for your patients. Integrate your EMR, medical device, images, labs and more to development disease management protocols that dramatically improve patient outcomes.

Having all of the information you need to make the most effective recommendations, diagnoses and treatments for each of your patients in a single platform. Think about a world where you could deliver care and education outside of your clinical setting in a personalized yet scalable way. Imagine how much it would help you to have a system that learns and predicts across all patient data. Imagine being able to meaningfully increase patient adherence in a way that was social, interactive and fun for your patients, while being manageable and measurable for you.

Medical research today is focused around big data and analysis. However, today’s tools make it difficult to perform such analysis across separate data domains. LifeOmic’s cloud platform enables multimodal
analysis and mobile apps unlock the opportunities for patient data.