TURI HEALTH: TERMS OF SERVICE
(Effective: July 15th, 2023, Updated: October 30th 2023)
If you have a disability, you may access this Terms of Service in an alternative format by contacting legal@turihealth.com.
Important: our service does not give medical advice or supply you with medical information. You should always talk to your doctor or other health-care professional about any health problems you may be suffering from. Please see our warning section if you have any concerns about your health.
1. Introduction
Turi Health (“Turi,” “we,” or “us”) is a wellness and technology company that analyzes physiological data for the purpose of helping individuals (“Customers”) understand and optimize their wellness habits.
Our Service includes:
“Testing”: organizing and conducting testing of Customer biological samples, which includes:
Collecting data relevant to a Customer’s physiology and nutrition habits (“Self-Reported Health Information”);
Arranging the collection of blood, stool, saliva, and other biological samples from a Customer (“Samples”) using specialized kits (“Sample Collection Kit(s)”);
Arranging the testing of collected Samples with third-party laboratory testing facilities to produce data (“Test Data”);
“Results”: providing the synthesized outcome of the tests to the Customer, which includes:
Analyzing Test Data and Self-Reported Health Information using health practitioners, big data and machine learning techniques and algorithms;
Providing synthesized insight for a Customer (“Results”) via digital documents, Turi’s website (“Website”) or any other suitable means;
Access to nutritional, lifestyle and supplementation information
Journal logging which can enable Customers sustain progress against their behavioral-related objectives; and
“Coaching”: offering a Coaching service, which includes:
Chat “Coaching” to assist a Customer in developing skills to help them optimize their nutrition-related objectives.
(Optional) Video “Coaching”, a number of real-time coaching sessions with a personal coach.
Customers will collect the Samples and submit them to laboratories arranged by Turi for testing and analysis. These Samples will be used by such laboratories to generate Test Data, and such laboratories will submit such Test Data to Turi which will analyze them together with any relevant Self-Reported Health Information. Turi will then present synthesized information (Results) back to the Customer via: the Turi Website and platform located under Turi domains (or by one of its accredited business affiliates), the Turi App, and/or digital documents to help them make personalized nutritional and lifestyle choices.
Turi is committed to protecting your privacy and security. For more information you should review Turi’s Privacy Policy, which is incorporated into these Terms of Service by this reference.
2. Acceptance of Terms of Service
These Terms of Service (“Terms”) govern your (“you” or “user”) access to and use of our products, optional research programs and other programs, software applications, including without limitation our website and mobile applications, and our services, including without limitation arrangement for collection of Self-Reported Health Information and Samples, data analysis of biological samples processed by third-party laboratories on your behalf and analysis of the results of such Sample analyses in connection with Self-Reported Health Information (all of the above, collectively, the “Service”) provided by Turi or its Affiliates. For the purposes of these Terms, “Affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with Turi.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY COVER IMPORTANT INFORMATION ABOUT THE SERVICE PROVIDED TO YOU. THESE TERMS INCLUDE INFORMATION ABOUT FUTURE CHANGES TO THESE TERMS, LIMITATIONS OF LIABILITY, A CLASS ACTION WAIVER, RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT AND AN AUTHORIZATION FOR TURI TO SIGN CERTAIN DOCUMENTATION ON YOUR BEHALF. BY ACCESSING, BROWSING, PURCHASING, SUBSCRIBING TO OR USING ANY PART OF THE SERVICE, OR CLICKING TO ACCEPT OR AGREE TO THE TERMS, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS, CONDITIONS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE, AS IF YOU HAD SIGNED THEM. IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS OF SERVICE, THEN DO NOT ACCESS, BROWSE, PURCHASE, SUBSCRIBE TO OR USE ANY PART OF THE SERVICE.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Some aspects of the Service, such as optional participation in research programs, may be provided under separate agreements and consents between you and Turi. When you first participate in or use those Service features, you will be offered the opportunity to review and agree to the terms that govern those Service features. We may also require your acceptance of terms in informed consent forms applicable to participation in specific research programs. If there is a conflict between these Terms and specific terms in those legal terms and agreements applicable for a particular Service feature or the terms in informed consent forms for research participation, those terms will take precedence over these Terms with respect only to those specific Service features or the research participation.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY DISCONTINUE ACCESS AND USE OF THE SERVICE. YOUR ACCESS TO AND USE OF THE SERVICE, AND YOUR ACCOUNT WITH TURI, ARE CONDITIONED ON YOUR COMPLIANCE WITH THESE TERMS. IF TURI BELIEVES THAT YOU HAVE FAILED TO COMPLY WITH ANY OF THESE TERMS, IT HAS THE RIGHT TO TERMINATE YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR ACCOUNT WITH TURI IMMEDIATELY AND WITHOUT NOTICE.
3. Revisions and updates
Turi reserves the right to change, revise, update, or modify these Terms or any policy or guideline incorporated in these Terms at any time and at its sole discretion. Any changes, revisions, updates, or modifications will be effective as of the date stated at the top of these Terms and by the posting by Turi on the Website, App, sending you an email or other notification. Your continued use of the Service following the posting of such changes, revisions, updates, or modified Terms will constitute your acceptance. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Service. You should review these Terms and any applicable policies from time to time to understand the most current Terms that apply to your use of the Service. Except for changes by Turi as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and Turi.
4. Ownership of Materials and Service
The Service, and all designs, text, graphics, pictures, images, content, videos, information, data, and software contained in or comprising the Service (including Turi’s Website and Apps), except for the User Content as defined below (collectively, the “Materials”), is the property of Turi, Turi’s Affiliates or Turi’s licensors and are protected by copyright, trademark laws, patent, and other intellectual property laws in applicable jurisdictions.
Turi is always trying to improve its Service, so the Service may change over time. Turi may suspend or discontinue any part of the Service, or it may introduce new features or impose limits on certain features or restrict access to parts or all of the Service. Turi reserves the right to remove any Materials or User Content from the Service at any time, for any reason (including, but not limited to, if someone alleges you contributed, uploaded or provided User Content in violation of these Terms), in our sole discretion, and without notice.
5. Software license
Authorised access
Your rights in any Turi software you use (including the Turi Website and Apps) (“Software”) that is not accompanied by a separate license agreement are governed by and subjected to the license granted in these Terms. You may not copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless otherwise specifically agreed in writing between you and Turi. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Turi for use in accessing the Service. Any rights not expressly granted herein are reserved.
License to use
Subject to your compliance with these Terms, Turi grants you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Service and the Materials. This license shall remain in effect until and unless terminated by you or Turi. You agree to use the Service for your own personal, non-commercial use and will not redistribute or transfer the Service or any of the Materials.
You agree to abide by these Terms and not to use the Service or any part thereof in any manner not expressly permitted by these Terms. Except for the rights expressly granted to you in these Terms, Turi grants no right, title, or interest to you in the Service or the Materials. You shall not copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any of the content of the Service or Materials, unless otherwise specifically agreed in a separate agreement between you and Turi.
Any Turi Software used in the Service are licensed, not sold, to you, and Turi and its licensors retain ownership of all copies of the Turi Software even after installation on your personal computers, mobile devices, tablets, and/or other relevant devices. Third-party software (for example, open source software libraries) included in the Turi Service are licensed to you either under these Terms or under the relevant third-party software license terms as published in the help, about or settings section of the Software or on our website.
6. Eligibility.
In order to use Turi’s Service, you must meet the following eligibility criteria:
You are at least 18 years of age and have the right, authority and capacity to enter into these Terms and abide by these Terms.
You are not pregnant.
You have not had a heart attack (myocardial infarction), stroke/transient ischemic attack, or major surgery in the last two months.
You have a body mass index (BMI) least 16.5 kg/m2.
You live in the European Union or United Kingdom.
You can safely eat a gluten-free, dairy-free and vegetarian meal. (Meals may contain traces of these and other allergens as they are prepared in a kitchen handling other ingredients.).
If you are being treated for chronic medical conditions (including type 1 diabetes or type 2 diabetes), you have checked with your treating physician that this product is safe for you.
By using this Service you represent and warrant that you meet the eligibility criteria listed above.
Our Service is currently available only in the European Union and the United Kingdom.
7. Results
Results consist of a set of personalised “insights.” Insights are derived from analysis of the samples combined with the information you have reported about yourself using the app.
Insights are intended to help you make personalised nutritional and lifestyle choices. You may choose to follow these recommendations as little or as much as you wish, or you may choose not to follow these recommendations at all.
Turi will provide the results to you through the platform and application. We aim to report results within around four weeks of receiving your samples, but there may be unexpected delays. While we will take all reasonable steps to try to meet this time limit, we cannot promise to do so.
If you have not followed the instructions for sample collection, a test may fail. There are other, rarer circumstances in which a test may fail even for correctly collected samples. We may deal with that by asking you supplementary questions to help us interpolate a test result or send you a replacement test kit if possible.
Biological Samples are processed on Turi’s behalf in an irreversible manner and cannot be returned to you once sent to and processed by the laboratories.
8. Duration of Service
Turi’s service lasts six (6) months from the time of the first coaching session and may be renewed by clients when purchasing subsequent packages.
9. Payment
We may collect payments from you directly or we may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”). At present we use Stripe as our Payment Processor.
The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to this Agreement. We are not responsible for any errors by the Payment Processor. You authorise us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that we or the Payment Processor make even if we or the Payment Processor have already requested or received payment.
Payment method: The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Up-to-date information: You must provide current, complete and accurate information for your Billing Account when you order the Turi Service. You represent and warrant that you are authorised to use such a credit card or payment method. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our Payment Processor if your payment method is cancelled or if you become aware of a potential breach of security. If you would like us to change such information, please contact us through chat or email. If you fail to provide any such information, you agree that we may continue charging you for any unpaid fees under your Billing Account. You agree that we may pass your credit card information and related information about and identify you to our designated service providers for their use in charging you for the Service ordered by you. All charges are inclusive of VAT.
10. Warning
Possbile Risks
Please be aware of the potential risks associated with using a service like ours. These include:
You may feel discomfort or unwell when collecting sample(s).
When collecting blood samples, most people will feel some discomfort from the lancet device used to collect blood from your fingertip but some may feel pain. The blood collection may also cause you to bleed; this will likely be minor and should stop with pressure. There is also a chance that you may faint or feel light-headed. In rare circumstances, the puncture site could become infected.
You may receive nutrition suggestions indicating foods or supplements to which you are allergic or sensitive. If you have a known or suspected allergy or sensitivity, you should not follow those suggestions.
A specific health or medical condition(s) you may have may not get better or may get worse and you may develop new conditions.
Some survey questions may make you or your family members uncomfortable.
You may learn information about yourself that prompts you to follow up with a healthcare professional. We cannot be responsible for what happens after that.
You may find out information about yourself that will cause you to worry or become anxious.
No Doctor-Patient relationship and not medical advice
The results provided by Turi are for informational purposes only. Turi is not a medical professional, and Turi does not provide medical services or render medical advice. Nothing contained in the results should be construed as such advice or diagnosis. The information and reports generated by Turi should not be interpreted as a substitute for consultation with a doctor, and the information made available on or through the Service should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition.
It should go without saying that there will not be a doctor-patient relationship between you and Turi.
If you are being treated for an illness, are pregnant, have any food-related allergies, taking prescription medication or following a therapeutic diet to treat a disease, you should consult your doctor before using the Turi Service. If any information you receive or obtain from using the Service that is inconsistent with the medical advice from your physician, you should follow the advice of your physician.
Coaching & support team
As part of the service, you may interact with our Coaching and Support team. They will assist you in completing the tests appropriately, help you understand the Results, and optionally assist you in optimising your nutrition, lifestyle, behavioural related objectives.
What they cannot do is provide medical, mental health or any other type of health service. The team does not conduct psychotherapy or mental health counselling. No diagnosis or treatment of, or advice regarding, any medical or mental health condition or illness will be offered. They are no substitute for, and are not an alternative to, medical, psychiatric, psychological, psychotherapy or other healthcare diagnosis and treatment when a medical or mental health condition or illness is present. You are advised to seek diagnosis, treatment and advice regarding medical or mental conditions or illnesses from physicians practising medicine, psychotherapists, psychologists and other licensed healthcare and mental health professionals.
Coaching is designed to provide Customers with education, information and individual support regarding nutrition-related issues, lifestyle, supplements and objectives. Turi’s Customer Support Team may provide general information about issues related to nutrition and support Customers in achieving, maintaining and optimising nutrition-related objectives.
Turi’s Customer Support Team are not allowed to engage in rendering any type of psychological or healthcare advice for any individual or their particular situation. Under no circumstances will any of your interactions with any Turi Customer Support Team member in your use of the Service be deemed or construed to create a physician-patient relationship or a fiduciary duty of any kind whatsoever.
Recommendation Disclaimer
As part of the Service, Turi maintains a recommendation database that contains nutritional, lifestyle, behavioral and supplementation information. This information is derived from a number of sources — some of them more reliable than others — but all of them outside our control. We therefore cannot guarantee the accuracy of any information in the food database.
We have attempted to give the information a score, representing our estimate of its reliability. This represents our best guess as to the reliability of the information. We do not guarantee it will be right, and you should approach all such information with proper caution.
11. Unlawful and Prohibited Use Policy
As a condition for using the Service, you represent and agree not to engage in any of the following activities:
Non-personal use of the Service or the Materials;
Resale of the Service or Materials;
Distribution, public display or performance of any of the Materials;
Copying, modifying or creating derivative works of any part of the Service or the Materials;
Use of automated or similar means to download data from the Service, including without limitation crawlers, spiders, robots, or data mining tools;
The download or copying (other than browser page caching) of any part of the Service, or any part of the Materials, except as expressly permitted by Turi;
Attempt to gain unauthorised access to Turi’s servers or computer systems or to engage in any activity that disrupts, damages, disables, diminishes the quality of, interferes with the performance of, or impairs the functionality of, any part of the Service;
Collection or harvesting of any personal information including, but not limited to, company and individual names, domain names or account names, from the Service;
Using any part of the Service for unauthorised commercial solicitation purposes;
Use of any part of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
Impersonation, falsification of identity, or misrepresentation of your affiliation with any person or entity;
Use of the Service where Service use is not permitted;
Modify or disguise the origin of any content transmitted through the Service or Materials in a manner that leads to consumer confusion;
Use any content in the Service or Materials, or any promotional materials for the Service, for unauthorised advertising, or in connection with any offer to sell or buy any goods or service except as permitted by law;
Unauthorised use of branded trademarks, trade names, and key words associated with the Service or Materials in online media that amounts to false association and/or cause consumer confusion;
Engage in "framing," "mirroring," or otherwise simulating the appearance or function of Turi or our Service or Materials;
Upload or transmit any content that you do not have a legal right to transmit (such as proprietary and confidential information, personal health information, content that infringes intellectual property rights of a third party, etc.);
Violate these Terms, or any code of conduct or other guidelines which may be applicable for a particular area of the Service or have been provided or shared with you in connection with the Service;
Use of the Service or Materials other than for their intended purpose; or
Intentional or unintentional violation of local, state, national, or international law, or any regulations having the force of law.
12. Termination
We may terminate this agreement without notice if:
You breach any term of this agreement
Turi believes it is required to do so by law
But if we terminate this agreement for any reason that is not your fault, we will repay pro rata for any parts of the service that is left unused.
Any termination of this agreement:
Ends all rights and licences granted to you under these terms, including access to the Turi app.
Does not affect any obligations under these terms that accrued prior to termination or any terms which by their nature should survive termination including, without limitation, terms related to intellectual property ownership and restrictions, disclaimers, the user content Licence, governing law and jurisdiction.
After termination, Turi reserves the right to exercise whatever means it deems necessary to prevent your unauthorised use of the Service and also to delete any information associated with your account. Please refer to our Privacy Policy to understand how we treat information you provide to us after you have stopped using our Service.
13. User Content
Some features of our Service may include functionality enabling you to submit or post material to be viewed by other users of our Service, whether publicly posted or privately transmitted, such as profiles, posts, emails, feedback, experiences, suggestions, notes, messages, food data, photos, and videos – all of which we refer to as “user content”. You are solely responsible for all user content.
Turi, at its sole discretion, has the right (but not the obligation) to screen, reject, retain, or remove any user content, or any part of it. This could include redaction of that content. Turi also reserves the right to disclose any user content as necessary to satisfy any applicable law, regulation, legal process or governmental request. Turi has no obligation to preserve user content and may, for example, delete all existing user content. If you wish to preserve user content, you should ensure that you make your own copy of it.
In using the service, you agree not to post any User Content that
is false, deceptive, deceitful, misleading, unauthorized, unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, harmful to minors, fraudulent or otherwise objectionable;
would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
contains private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
contains viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
may expose Turi to any harm or liability of any type;
harasses, degrades, intimidates or is hateful toward an individual or group of individuals for any reason and especially on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; or
disrupts, damages, disables, diminishes the quality of, interferes with the performance of, or impairs the functionality of, any part of the Service.
By contributing user content, you grant Turi and its affiliates a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, freely transferable and sub-licensable (through multiple tiers) non-exclusive right to use, reproduce, modify, transmit, translate, publish, publicly perform, display, distribute, commercialise, share with third parties, transmit or distribute over public network and media, and create derivative works of such user content in order to exercise any right or carry out any obligation under these terms, or for any other purpose in connection to the provision, promotion or development of our services.
You represent and warrant that:
you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content and to grant the rights granted in these Terms;
the user content is accurate and not misleading;
distribution of the User Content you supply in accordance with your direction does not violate these Terms; and will not violate any rights of or cause injury to any person or entity. You hereby waive any moral rights you may have in such User Content under the laws of any jurisdiction.
14. Intellectual Property
Trademarks
All Turi trademarks, service marks, trade names, logos, domain names, and any other features of the Turi brand are the sole property of Turi, Turi’s Affiliates, or Turi’s licensors. These Terms do not grant you any rights to use any Turi trademarks or brand features whether for commercial or non-commercial use. Unless you have specifically agreed otherwise in writing with Turi, nothing in these Terms or Service gives you a right to use any Turi marks and you agree not to display or use Turi marks in any manner.
You may not remove, obscure, or alter any proprietary rights, marks, or notices that may be affixed to or contained in the Service.
Software
The Service, and all designs, text, graphics, pictures, images, content, videos, information, data, and software contained in or comprising the Service (including Turi’s Website and Apps), except for the user content as defined above, is the property of Turi, Turi’s Affiliates or Turi’s licensors and are protected by copyright, trademark laws, patent, and other intellectual property laws in applicable jurisdictions.
Your rights in any Turi software you use (including the Turi Website and Apps) (“Software”) that is not accompanied by a separate licence agreement are governed by and subjected to the licence granted in these Terms. You may not copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless otherwise specifically agreed in writing between you and Turi. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Turi for use in accessing the Service. Any rights not expressly granted herein are reserved.
License to Use
Subject to your compliance with these Terms, Turi grants you a limited, non-exclusive, revocable licence to make personal, non-commercial use of the Service and the Materials. This licence shall remain in effect until and unless terminated by you or Turi. You agree to use the Service for your own personal, non-commercial use and will not redistribute or transfer the Service or any of the Materials.
Turi Database
Information in the Turi Database may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Turi.
15. Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Service Account, in any way (by operation of law or otherwise) without Turi's prior written consent. Turi may transfer, assign, or delegate these Terms and its rights and obligations without consent.
16. Circumstances beyond our control
Turi is not responsible for any failure to perform any of its obligations under this agreement if they are caused by circumstances beyond its reasonable control.
17. Governing Law
This agreement shall be governed by Portuguese law and the courts of Portugal shall have exclusive jurisdiction to settle any dispute arising out of it.