Terms and conditions

Subject to your compliance with this Agreement, Supar.Health grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to install (if applicable) and use the Platform for your personal health-related purposes. This license is provided solely for you to interact with Supar.Health's diagnostics software and personal digital biobank services as intended by us, and no ownership rights are transferred to you. All rights not explicitly granted to you are reserved by Supar.Health. The Platform is licensed, not sold, to you for use only under this EULA, and Supar.Health retains ownership of all copies of the Platform software.

You may use the Platform and its content only for lawful purposes and in accordance with this Agreement. Permitted Uses: You may input your personal and health data, view your diagnostic results and analyses, and utilize the Platform's features for health optimization and personal wellness management. Restrictions: You agree not to, and not to permit any third party to:

• Reverse Engineering: Copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any aspect of the Platform, except as permitted by applicable law.
• Unauthorized Access: Circumvent or attempt to circumvent any technical restrictions or security measures of the Platform; access the Platform by any means other than the interface provided; or attempt to gain unauthorized access to any portion of the Platform, other users' data, or any of our systems.
• Commercial Use or Resale: Use the Platform for any commercial or clinical diagnostic laboratory service for third parties, or resell, rent, lease, or distribute the Platform or any of its content to any third party without our prior written consent.
• Prohibited Data Use: Use any data or output from the Platform (especially any Research Use Only (RUO) outputs as defined below) for any purpose that is unlawful, or in violation of any applicable medical or data protection regulations. In particular, RUO outputs are not to be used as the sole basis for medical decisions or patient treatment.
• Harmful Activities: Use the Platform in any manner that could damage, disable, overburden, or impair our services or interfere with any other party's use. You shall not introduce any malware, viruses, or harmful code into the Platform, or use the Platform to transmit any malicious or unsolicited advertising or messages.

Any violation of these restrictions is grounds for immediate termination of your license to use the Platform.

All content, software, algorithms, designs, user interfaces, trade secrets, and materials provided on or through the Platform are the intellectual property of Supar.Health or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. This includes, but is not limited to, the compilation of all databases, analyses, and reports generated by the Platform, as well as the Supar.Health name, logo, and all related product and service names. You acknowledge that Supar.Health (and its suppliers, where applicable) retain all right, title, and interest in and to the Platform and any content provided through it, including all related intellectual property rights.
Nothing in this Agreement shall be construed as transferring any ownership rights to you. You are only granted a limited license to use the Platform's functionality and to view or download your personal results or reports for your own use, in accordance with this EULA. You must not remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Platform or outputs you download or print from it.

Use of the Platform involves the collection and processing of your personal information, including sensitive health and genetic data, in order to provide you with our diagnostics and biobank services. You retain any rights you have under law to the data you provide to us; however, by using the Platform, you grant Supar.Health a license to use, process, store, and analyze your data for the purposes of delivering the services and features as described in this Agreement and in our Privacy Policy (see Section 2 of this Agreement). This license to your data is non-exclusive and is limited to what is necessary for us to perform our services and operate the Platform, including providing you with diagnostic results, personalized health analyses, and recommendations.
You represent and warrant that any data you provide is accurate to the best of your knowledge, and that you have the lawful right to provide such data for processing. If you provide any data relating to a third party (for example, if you are managing an account for a family member), you must have the authority or consent to provide such data to us.
All personal data will be handled in accordance with applicable data protection laws, including the EU General Data Protection Regulation (GDPR) and the Danish Data Protection Act. Details of how we collect, use, protect, and share your data, as well as your rights, are provided in the Privacy Policy section of this Agreement. By accepting this EULA, you also agree to the terms of the Privacy Policy. If you do not agree with our data practices, do not use the Platform. We may ask for specific consents from you within the Platform for certain data processing activities (for example, participation in research or storage of biological samples), and you have the right to accept or decline such requests as described in the Privacy Policy.

Supar.Health's Platform provides two layers of information to users: (a) Accredited Clinical Diagnostics, which are validated test results and analyses performed in accredited laboratories or under clinically approved protocols; and (b) Research Use Only (RUO) Outputs, which consist of experimental or investigational analyses, interpretations, or health indicators provided for informational and research purposes. RUO Outputs are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease and are not a substitute for professional medical advice or treatment. You acknowledge that RUO outputs are provided without the same level of validation or regulatory oversight as our clinical diagnostic services. While we strive for scientific rigor in all our analyses, any recommendations or insights labeled as "RUO" are to be used at your own discretion for personal education and wellness exploration only.
Supar.Health will clearly categorize outputs within the Platform to indicate whether they are clinically validated diagnostics or RUO-only results. You agree not to interpret or use RUO outputs as medical diagnoses. Always consult a qualified healthcare professional before making any health or medical decisions based on information from the Platform, especially information from the RUO layer.

The Platform and any outputs (whether clinical or RUO) are provided for informational and health optimization purposes. They are not intended to be relied upon as the sole basis for health care decisions. While Supar.Health's accredited diagnostic services strive to provide accurate and actionable health data, the Platform does not provide medical treatment or medical advice in itself. No content on the Platform constitutes professional medical advice, diagnosis, treatment, or the practice of medicine. The Platform is not a substitute for consultation with a qualified healthcare provider. You should seek the advice of your physician or other qualified health provider with any questions you have regarding a medical condition or before starting any new diet, exercise, or treatment program. Never disregard professional medical advice or delay in seeking it because of something you have read or accessed on the Platform.
The Platform is not designed or intended for use in emergencies or life-threatening situations. In case of a medical emergency or any situation where you believe you or another person requires immediate medical attention, call emergency services or your doctor immediately. Supar.Health is not liable for any outcomes if you attempt to use the Platform for urgent medical needs that should be handled by emergency medical professionals.

Supar.Health may from time to time develop patches, bug fixes, updates, upgrades, new versions, or other modifications to improve or alter the functionality of the Platform. We reserve the right to deploy and install such updates electronically to your device or account, with or without prior notification, to ensure the continued performance, security, and stability of the Platform. All updates shall be deemed part of the Platform and subject to the terms of this Agreement. Depending on your device settings, you may need to install updates manually. Failure to promptly install updates may impair the Platform's functionality or security, which is at your own risk.
We also reserve the right to modify or discontinue, temporarily or permanently, the Platform or any service or feature provided through the Platform, with notice to you when reasonably feasible. You agree that Supar.Health shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform or any part thereof. If you are a paid user and a discontinuation substantially affects the service you have paid for, you may be entitled to a refund for the unused portion of any fees, as described in the Terms of Use section of this Agreement.

This EULA is effective from the moment you accept it (or first use the Platform, which will be deemed acceptance of these terms) and will remain in effect until terminated by either you or Supar.Health. You may terminate this Agreement at any time by ceasing all use of the Platform and, if applicable, uninstalling any Supar.Health software from your devices.
Supar.Health may terminate this EULA or suspend your access to the Platform immediately and without notice if you fail to comply with any term of this Agreement, if you violate any applicable law or regulation in connection with your use of the Platform, or if your use of the Platform poses a security or legal risk to us or other users. Upon termination, the license granted to you will end and you must stop all use of the Platform. We may also delete or deactivate your account and all associated data in accordance with our data retention policies (as outlined in the Privacy Policy), except to the extent we are required by law to retain certain data (for example, medical records retention requirements).
Any provisions of this Agreement which by their nature should survive termination (including, but not limited to, provisions regarding intellectual property ownership, disclaimers of warranties, limitation of liability, and governing law) shall survive the termination of this EULA.

Use at Your Own Risk: The Platform and all services and content provided through it are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Supar.Health and its affiliates, suppliers, and partners disclaim all warranties, conditions, and representations of any kind, either express, implied, or statutory, regarding the Platform. This includes, but is not limited to, any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, title, or non-infringement. We do not warrant that the Platform's functions will meet your requirements, achieve any intended results, be compatible or work with any system or device, or that operation of the Platform will be uninterrupted or error-free.
No Guarantee of Results: Supar.Health makes no guarantee of the accuracy, completeness, timeliness, or reliability of any results or information you obtain through the Platform. While we employ rigorous scientific and clinical standards for our accredited diagnostics, and state-of-the-art research methods for RUO outputs, we cannot guarantee that the Platform will be error-free or that any particular result will be achieved or expected outcomes obtained. Healthcare and biological data analysis are complex processes and may occasionally produce erroneous or inconclusive results. You acknowledge that any reliance on the data or outputs from the Platform is done at your own discretion and risk.
Not a Medical Device (for RUO): Except for those parts of the Platform that deliver accredited diagnostic results, the Platform as a whole is not certified as a medical device. Any tool, algorithm, or recommendation provided in the RUO layer is not subject to medical device regulation and is provided without warranty of fitness for clinical use.
If applicable law requires any warranties with respect to the Platform, all such warranties are limited in duration to ninety (90) days or the minimum duration permitted by law, whichever is shorter.

To the extent not prohibited by law, in no event shall Supar.Health, its directors, officers, employees, agents, or partners be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, data, use, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Platform, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Supar.Health has been advised of the possibility of such damages.
Maximum Liability: To the extent permitted by applicable law, Supar.Health's total cumulative liability for any claims arising out of or relating to this Agreement or your use of the Platform shall not exceed the amount actually paid by you to Supar.Health for use of the Platform or any services in the six (6) months immediately preceding the event giving rise to liability. If you have paid no such amount, Supar.Health's total liability shall be zero.
Exceptions: Nothing in this Agreement is intended to exclude or limit liability that cannot be excluded under law. In particular, no provision of this Agreement shall operate so as to exclude or limit Supar.Health's liability for (i) death or personal injury caused by our negligence, or (ii) our fraud or fraudulent misrepresentation, or (iii) any other liability which cannot be excluded or limited under applicable law. However, in any such case, our liability will be limited to the fullest extent permitted by applicable law.
You acknowledge that the fees, if any, charged for the Platform reflect this allocation of risk and the limitation of liability specified herein, and that Supar.Health would not be able to provide the Platform on an economically feasible basis without such limitations.

You agree to indemnify, defend, and hold harmless Supar.Health and its officers, directors, employees, and agents from and against any and all losses, liabilities, claims, demands, damages, or expenses (including reasonable attorneys' fees and costs) arising out of or related to: (a) your use or misuse of the Platform; (b) your violation of this Agreement or any law or regulation; (c) your infringement or violation of any intellectual property, privacy, or other rights of any third party; or (d) any claim that Supar.Health is obligated to provide remedy or payment of any kind to you or any third party arising from your use of data or outputs (especially RUO outputs) from the Platform for medical decisions (which is prohibited as stated above). Supar.Health reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claim. You will not settle any such claim without our prior written consent.
This indemnification obligation will survive any termination of your relationship with Supar.Health or use of the Platform.

This Agreement, and any disputes arising out of or related to this Agreement or the use of the Platform, shall be governed by and construed in accordance with the laws of Denmark, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You agree that any dispute or claim arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Denmark. Supar.Health and you each consent to the personal jurisdiction of the Danish courts. Notwithstanding the foregoing, Supar.Health shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect. The invalid or unenforceable provision shall be deemed modified in such a way as to make it valid, legal, and enforceable while preserving its original intent to the extent possible.

No failure or delay by Supar.Health in exercising any right or remedy under this Agreement shall operate as a waiver of that right or remedy, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. A waiver on one occasion shall not be deemed a waiver of any future right or remedy. Any waiver by Supar.Health of any provision of this Agreement will be effective only if in writing and signed by an authorized representative of Supar.Health.

This Agreement (including the Privacy Policy and Terms of Use in Sections 2 and 3 below, which are incorporated by reference) constitutes the entire agreement between you and Supar.Health concerning the Platform and supersedes all prior or contemporaneous understandings regarding this subject matter. Any additional or different terms in any purchase order or other written or oral response by you shall be void and of no effect unless expressly agreed to in writing by Supar.Health.
No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by an authorized representative of Supar.Health, or (ii) we provide an updated version of this Agreement and you accept it (for example, by clicking "I Agree" or continuing to use the Platform after the new terms take effect). The section titles in this Agreement are for convenience only and have no legal or contractual effect.

By using the Supar.Health Platform, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions.