SwimScore™ Terms of Use

Effective Date: 6 August 2026

These Terms of Use (“Terms”) apply to and govern your access to and use of any website, mobile website, software, email exchange of information, social media page, patient portal, and any other digital platform, including any services, features, pages, functions, and transactions contained or offered therein (collectively, the “Service”), that are owned, operated, or provided by SwimScore, LLC (“SwimScore,” “we,” “us,” or “our”).

We offer the Service to you conditioned on your acceptance of these Terms and all policies and notices incorporated by reference, including our Privacy Policy. If you access the Service through a clinic, healthcare provider, medical practice, or provider network, additional notices or consents may apply, including the applicable Notice of Privacy Practices made available through the Service and, where telehealth services are provided, the applicable Telehealth Consent. By accessing, browsing, registering for, purchasing through, or otherwise using the Service, you acknowledge that you have read, understand, and agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

THESE TERMS AFFECT YOUR LEGAL RIGHTS AND INCLUDE A CLASS ACTION WAIVER AND A REQUIREMENT TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION (WITH A 30-DAY OPT-OUT).

1. Eligibility

You may use the Service only if you are at least the age of majority in your jurisdiction and legally able to form a binding contract. The Service is not intended for use by individuals under 18.

You represent and warrant that all information you submit is true, accurate, current, and complete. If a clinic or Ordering Provider supplied information to initiate your account or order, you agree to review that information and promptly correct any inaccuracies.

2. Service Availability and Geographic Restrictions

SwimScore services are intended solely for individuals physically located within the United States at the time of access or use. At this time, SwimScore does not offer services to individuals located in Alaska, Hawaii, or New York.

Availability may also depend on your physical location, the service area of the applicable laboratory or logistics provider, the licensing and authorization of the applicable Healthcare Provider, and the arrangement established by your Ordering Provider. Specific services, including telehealth consultations, prescriptions, testing options, and result-review services, may not be available in every state.

You are responsible for ensuring that you are physically located in a jurisdiction where the requested services are available at the time you access or use the Service. SwimScore reserves the right to modify service availability at any time to comply with legal, clinical, laboratory, operational, or regulatory requirements.

3. Changes to These Terms

We may update or change these Terms at any time at our sole discretion. Changes are effective immediately upon posting to the Service, unless a later effective date is stated. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms. You should review these Terms periodically.

If we make material changes and you have an account, we may provide additional notice, such as by email or within the Service, but we are not required to do so unless required by law.

4. Emergency Disclaimer

SWIMSCORE IS NOT AN EMERGENCY SERVICE PROVIDER.

If you believe you are experiencing a medical emergency, call 911 immediately.

5. Medical Services and Related Advice

SWIMSCORE DOES NOT PROVIDE MEDICAL ADVICE, MEDICAL SERVICES, OR MEDICAL CARE.

SwimScore provides technology, testing coordination, logistics, administrative support, and related services that may facilitate communication and services between users and independent, licensed healthcare professionals or medical practices (“Healthcare Providers”). Healthcare Providers may provide clinical services using synchronous or asynchronous telecommunications technologies or through other permitted methods.

Healthcare Providers are independent clinical entities. They may have contractual, administrative, technology-service, or other business relationships with SwimScore, but SwimScore does not employ them or control, direct, or interfere with their clinical judgment. Healthcare Providers are responsible for the quality and appropriateness of the medical care they provide, their professional licensure and compliance obligations, and their clinical communications with you.

Depending on how your test or service was initiated, a Healthcare Provider may be selected by you, designated by your clinic, or made available through a contracted provider network. Any provider-patient relationship is solely between you and the applicable Healthcare Provider and is not a relationship between you and SwimScore.

Content within the Service, including text, audio, video, images, laboratory results, result summaries, scores, dashboards, educational materials, or insights, is provided for informational, administrative, and care-coordination purposes. Such content does not constitute medical advice, diagnosis, or treatment by SwimScore and should not replace consultation with a qualified Healthcare Provider.

Neither SwimScore nor any affiliate is responsible for the professional advice, diagnosis, treatment, or clinical decisions of a Healthcare Provider. You should direct questions about diagnosis, treatment, follow-up care, or medical next steps to your Healthcare Provider or Ordering Provider.

6. Clinic-Ordered and Provider-Ordered Services

Your access to the Service, account invitation, or testing order may be initiated, requested, authorized, purchased, or coordinated by a clinic, medical practice, Healthcare Provider, or provider network (each, an “Ordering Provider”).

In connection with clinic-ordered or provider-ordered services, SwimScore may provide the patient portal, account registration, identity verification, intake workflows, order processing, payment processing, specimen-kit fulfillment, shipping and logistics coordination, status updates, laboratory coordination, result delivery, communications, and related administrative or technology services.

SwimScore’s Role

SwimScore, LLC does not practice medicine, operate a clinical laboratory, or submit HIPAA-covered healthcare transactions on its own behalf, and is not itself a covered entity under the Health Insurance Portability and Accountability Act (“HIPAA”). SwimScore’s role with respect to health information depends on how your test is ordered and the functions SwimScore performs.

Clinic-Ordered Services

To the extent your Ordering Provider is a HIPAA covered entity and SwimScore creates, receives, maintains, or transmits protected health information (“PHI”) on its behalf, SwimScore acts as that covered entity’s business associate. The relationship is governed by a written business associate agreement as required by HIPAA.

If an Ordering Provider is not a HIPAA covered entity, information processed through the Service may not constitute PHI under HIPAA, but remains subject to our Privacy Policy and other applicable privacy laws.

Services Ordered Through SwimScore’s Contracted Medical-Network Partner

Where your test is ordered or reviewed through a contracted medical-network provider group, and to the extent that provider group is a HIPAA covered entity and SwimScore creates, receives, maintains, or transmits PHI on its behalf, SwimScore acts as that provider group’s business associate. The relationship is governed by a written business associate agreement as required by HIPAA.

The laboratory is an independent healthcare provider and is separately responsible for its obligations under HIPAA and other applicable laws, to the extent applicable.

In each case where SwimScore acts as a business associate, SwimScore handles PHI only as permitted by the applicable business associate agreement, HIPAA, and the covered entity’s Notice of Privacy Practices. Information SwimScore collects outside its role as a business associate is not PHI merely because it relates to health; that information is governed by our Privacy Policy and applicable law, as described in Sections 9 and 14.

Your Ordering Provider may provide SwimScore with information necessary to create your invitation or coordinate your order, such as your name, email address, telephone number, mailing address, date of birth, requested test, and other information relevant to the service. SwimScore may use that information to provide the Service and verify your identity, subject to applicable law, the applicable business associate agreement where relevant, and applicable privacy notices.

Information you submit through the Service, along with order status, specimen status, laboratory results, and related records, may be made available to your Ordering Provider, Healthcare Provider, laboratory, logistics providers, and other parties involved in providing or coordinating your services, as permitted by applicable law, the applicable business associate agreement, and applicable privacy notices.

Your Ordering Provider or Healthcare Provider is responsible for clinical interpretation, diagnosis, treatment recommendations, and follow-up care. SwimScore does not control the Ordering Provider’s or Healthcare Provider’s clinical judgment.

Notice of Privacy Practices

When HIPAA applies, the Notice of Privacy Practices applicable to your PHI is issued by the applicable covered entity—your Ordering Provider for clinic-ordered services or the contracted medical-network provider group for services ordered through that network. SwimScore may make that notice available to you as the covered entity’s business associate, but SwimScore does not issue its own Notice of Privacy Practices. If a Notice of Privacy Practices is presented to you during registration, your acknowledgment confirms receipt of that notice and does not itself authorize uses or disclosures beyond those permitted by law and the notice.

Your Ordering Provider may also have separate terms, policies, payment policies, consent documents, or privacy notices that apply to your relationship with that provider and are separate from these Terms.

Employer-Sponsored Programs

An employer, benefits sponsor, or similar organization that facilitates access to or payment for the Service is not an Ordering Provider for purposes of receiving your individual laboratory results or identifiable Health Information. SwimScore will not disclose your identifiable results or Health Information to such an organization unless you provide a valid authorization or other direction that satisfies applicable law, or the disclosure is otherwise expressly permitted or required by law. Any reporting to an employer or benefits sponsor will be limited to appropriately aggregated or de-identified information, as permitted by applicable law and the applicable program documents.

7. Telehealth Acknowledgment

This Section applies only if telehealth services are provided to you by a Healthcare Provider. Merely creating a portal account, completing testing intake, receiving a test kit, or accessing laboratory results does not necessarily mean that you are receiving telehealth services.

Telehealth services may include asynchronous messaging, review of medical history, diagnostic interpretation, result review, care coordination, and live consultations. Telehealth has limitations, may not be appropriate for all conditions, and may involve technical failures or delays. Communications are not continuously monitored, and response times are not guaranteed.

Where telehealth services are provided, the applicable Telehealth Consent and the policies of the Healthcare Provider will also apply. If those documents conflict with these Terms regarding the delivery of clinical care, the provider-specific document will govern that clinical-care issue.

8. Diagnostic Testing and Results

SwimScore may coordinate diagnostic testing through independent laboratories, specimen-collection vendors, couriers, and logistics providers. These parties operate independently and are responsible for the services they perform.

Testing may be ordered or authorized by your clinic, your designated Healthcare Provider, or a contracted provider network. Laboratory results may be delivered through the Service and may be shared with the Ordering Provider or Healthcare Provider responsible for your care, as permitted by law.

Specimens may be rejected, delayed, lost, damaged, compromised, or require recollection. Results may be delayed, inaccurate, incomplete, inconclusive, or affected by specimen quality, collection technique, timing, shipping conditions, biological variability, or other factors outside SwimScore’s control.

Laboratory results, reference ranges, summaries, educational materials, and other tools displayed through the Service are not diagnoses and are not intended for emergency use. Questions regarding diagnosis, treatment, fertility planning, medication, or clinical next steps should be directed to a qualified Healthcare Provider.

9. Use of De-Identified and Non-PHI Data

Two different sets of rules apply to information associated with your use of the Service, depending on whether the information is PHI that SwimScore holds as a business associate of a covered entity, as described in Section 6.

PHI

Where SwimScore holds PHI as a business associate, SwimScore’s use of that PHI—including any de-identification and any use of the resulting de-identified information—is governed by the applicable business associate agreement, HIPAA, and the covered entity’s Notice of Privacy Practices, and not by your acceptance of these Terms.

SwimScore may de-identify PHI only to the extent authorized by the applicable business associate agreement and permitted by HIPAA. Once information has been properly de-identified under HIPAA, it is no longer PHI under HIPAA, but its use remains subject to applicable contractual obligations and other applicable laws.

Non-PHI Consumer Information

SwimScore may process information that is not PHI, including information collected outside its role as a business associate, for internal analytics, service improvement, security, product development, and other purposes described in our Privacy Policy and permitted by applicable law.

Where applicable law requires separate affirmative consent for a particular collection, use, or disclosure of non-PHI consumer health information, SwimScore will request that consent separately. Requests to access, delete, correct, withdraw consent for, or opt out of uses of non-PHI information will be handled as described in our Privacy Policy and applicable law.

10. Account, Password, and Security

You may be required to create an account. You agree to provide accurate information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

You agree to notify us immediately of any unauthorized use or suspected security breach. SwimScore is not responsible for losses arising from unauthorized use of your account that results from your failure to safeguard your credentials, except to the extent prohibited by law.

You may not transfer, sell, or assign your account. An Ordering Provider may invite you to establish an account but may not access your password or impersonate you.

11. Payment Terms and Fees

Payment responsibility depends on the arrangement selected by your Ordering Provider and the service requested. Fees may be paid by you, your clinic, your Healthcare Provider, another authorized party, or a combination of parties. The payment obligations in this Section apply to you only to the extent you are personally responsible for payment.

Fees; Refunds

Certain features of the Service, including diagnostic testing, telehealth services, subscriptions, and service orders, may require payment of fees (“Fees”). If you are personally responsible for payment, Fees are due when charged and are non-refundable except as stated in the refund policy presented at purchase or as required by law.

Unless otherwise required by law or stated at purchase, a refund may be denied based on your decision to stop using the Service; termination or suspension of your access; disruption or unavailability of the Service; dissatisfaction with results or outcomes; or failure to complete onboarding, intake, collection, shipping, or follow-up steps.

Fees associated with laboratory testing, specimen-collection materials, shipping or logistics, and Healthcare Provider services may become non-refundable once the applicable service has been initiated or the related cost has been incurred. If your clinic or another party paid for the service, questions regarding amounts paid by that party or any refund owed to that party should generally be directed to the payer or Ordering Provider.

Pricing; Taxes

Fees are displayed in U.S. dollars. If you confirm a purchase, you agree to pay all applicable Fees, taxes, and currency-conversion fees disclosed to you.

Changes

We may change payment terms, pricing, billing mechanisms, or fee structures prospectively at any time.

Promotions

Promotional codes and offers (“Promotions”) may be modified or discontinued at any time, are void where prohibited, are not transferable or redeemable for cash, and may be subject to additional rules. If Promotion rules conflict with these Terms, the Promotion rules govern.

Payment Processing

We may use third-party payment processors. Payment information is handled subject to the processor’s terms and privacy practices. While we use commercially reasonable safeguards, no payment system is completely secure, and SwimScore is not responsible for a third party’s unauthorized interception or misuse except to the extent caused by SwimScore or prohibited by law.

Authorization; Verification; Cancellations; Pre-Authorizations

You represent that you are authorized to use any payment method you provide and that the related billing information is accurate. We may request additional information to verify transactions and may refuse or cancel orders because of suspected fraud, pricing errors, availability, clinical or laboratory limitations, or compliance requirements. We may place pre-authorization holds; your financial institution controls the duration of those holds.

Chargebacks

You agree to contact support and attempt to resolve a billing dispute before initiating a chargeback, where permitted by law. Fraudulent or improper chargebacks may result in suspension or termination of the Service and restriction from future use.

California Notice

If you are a California resident, you may report complaints to the California Department of Consumer Affairs as described in Section 24.

12. Ownership of Service; Intellectual Property

The Service and all content, including copyrights, patents, trademarks, service marks, trade names, logos, text, designs, graphics, icons, images, audio clips, downloads, interfaces, code, software, and the selection and arrangement thereof (collectively, “Content”), are proprietary and owned or controlled by SwimScore or its licensors and protected by U.S. and international intellectual property laws.

Limited License

A limited, revocable, non-transferable license is granted to access and, where expressly enabled, temporarily download one copy of Content for personal, non-commercial use only. This is not a transfer of title or ownership.

You may not copy, modify, commercially use, publicly display, decompile, reverse engineer, remove proprietary notices from, or otherwise infringe SwimScore’s intellectual property or the rights of its licensors, except as permitted by law or with prior written permission.

This license automatically terminates if you violate these Terms and may be terminated by SwimScore at any time. Upon termination, you must destroy downloaded materials except records you are legally entitled to retain.

Trademarks

SwimScore’s trademarks and logos are owned by SwimScore or its licensors. Nothing in these Terms grants a license to use any trademark without prior written permission.

13. Acceptable Use / Prohibited Conduct

You may use the Service only for lawful purposes and shall not:

1. send spam or unsolicited messages in violation of law;
2. transmit infringing, obscene, threatening, libelous, unlawful, fraudulent, or harmful material;
3. transmit malware or harmful code;
4. interfere with or disrupt the integrity, availability, performance, or security of the Service or its networks;
5. scrape, crawl, harvest, or use automated systems to access the Service without permission;
6. attempt to access another person’s account, medical information, or records without authorization; or
7. use the Service to falsify identity, clinical, specimen, shipping, billing, or account information.

We may revoke or restrict access immediately if we reasonably believe your use violates these Terms, threatens security or safety, or is unlawful.

14. User Content and Health Information

Certain features may allow you to submit feedback, reviews, comments, photographs, or other content intended for general, public, or interactive use within the Service (“User Content”).

User Content does not include protected health information, medical records, intake information, specimen information, laboratory results, communications concerning your care, or other information submitted for diagnostic testing, healthcare, or care-coordination purposes (“Health Information”). Not all information SwimScore holds is Health Information or PHI; information that is not PHI is governed by our Privacy Policy and Section 9.

Where Health Information constitutes PHI that SwimScore holds as a business associate of a covered entity, as described in Section 6, SwimScore collects, uses, retains, and discloses it only as permitted by HIPAA, the applicable business associate agreement, and the covered entity’s Notice of Privacy Practices. Other Health Information is handled as described in our Privacy Policy and applicable law. Nothing in these Terms grants SwimScore an unrestricted license to use Health Information, and your acceptance of these Terms is not an authorization to use or disclose PHI beyond what the applicable agreement and law permit.

For non-health-related User Content, you grant SwimScore a worldwide, non-exclusive, royalty-free, sublicensable license to host, reproduce, display, and otherwise use that User Content only as reasonably necessary to operate, provide, promote, and improve the Service, or as otherwise directed or authorized by you. This license ends when the User Content is deleted from our active systems, except for archival copies, legal retention, or content already shared at your direction.

You represent that you have the right to submit User Content and that it does not violate applicable law or third-party rights. You should not post Health Information in public or interactive areas of the Service.

15. Links to Other Websites; Third-Party Applications

The Service may link to third-party websites, applications, laboratories, couriers, payment processors, Healthcare Providers, or other services. SwimScore does not control or endorse third-party content, products, services, privacy practices, or security. Your use of third-party services is at your own risk and subject to the third party’s terms, except where SwimScore has expressly agreed otherwise.

16. Modifications to the Service

We may review, improve, modify, suspend, or discontinue the Service, in whole or in part, at any time. We are not liable for a modification, suspension, or discontinuance except as required by law or an express written commitment. We will not use this Section to limit any right you may have to obtain your medical records under applicable law.

17. Termination and Suspension

SwimScore may terminate or suspend your access for violation of these Terms, suspected fraud, unlawful or inappropriate behavior, security concerns, clinical or regulatory limitations, or discontinuation of the Service. Refunds, if any, are governed by Section 11 and applicable law.

Termination or suspension does not eliminate rights you may have to request or obtain medical records from the applicable Healthcare Provider, Ordering Provider, laboratory, or other legally responsible entity. Provisions that by their nature should survive termination will remain in effect.

18. Disclaimer and Limitations of Liability

THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND AVAILABILITY.

WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY PARTICULAR SOFTWARE, HARDWARE, DEVICE, NETWORK, COURIER, LABORATORY, OR THIRD-PARTY SERVICE WILL BE COMPATIBLE WITH OR AVAILABLE THROUGH THE SERVICE.

YOU ARE RESPONSIBLE FOR OBTAINING AND PAYING FOR THE SOFTWARE, HARDWARE, CONNECTIVITY, AND SERVICES NEEDED TO ACCESS THE SERVICE AND FOR EVALUATING THE INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE. YOU BEAR THE RISKS ASSOCIATED WITH RELIANCE ON NON-CLINICAL CONTENT PROVIDED BY SWIMSCORE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWIMSCORE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES; OR LOSS OF SECURITY OR UNAUTHORIZED INTERCEPTION OF INFORMATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWIMSCORE’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNT, IF ANY, PAID BY YOU DIRECTLY TO SWIMSCORE FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. IF YOU PAID NOTHING DIRECTLY TO SWIMSCORE, THE MAXIMUM LIABILITY WILL BE ONE HUNDRED U.S. DOLLARS ($100), EXCEPT WHERE A DIFFERENT LIMIT IS REQUIRED BY LAW.

Applicable law may not allow limitations on certain warranties or damages. To the extent such law applies, some or all of the above limitations may not apply to you. Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited, including liability for fraud, willful misconduct, or death or personal injury caused by negligence where such liability cannot lawfully be limited.

19. California Resident Waiver (Civil Code §1542)

If you are a California resident, you knowingly waive California Civil Code Section 1542 regarding unknown claims to the maximum extent permitted by law.

20. Indemnification

Except to the extent prohibited by applicable law, you agree to indemnify, defend, and hold harmless SwimScore and its officers, directors, employees, and agents from claims, losses, liabilities, damages, costs, or expenses, including reasonable attorneys’ fees, arising from or relating to: (a) your unlawful or unauthorized use of the Service; (b) your material violation of these Terms; or (c) User Content you submit that violates law or third-party rights. This obligation does not apply to claims arising from Health Information submitted for legitimate testing or healthcare purposes or from SwimScore’s own negligence, willful misconduct, or violation of law.

If you fail to promptly indemnify and defend a covered claim, SwimScore may defend itself and seek reimbursement for reasonable covered costs. SwimScore may assume the exclusive defense and control of a matter subject to indemnification, and you agree to cooperate reasonably.

21. Copyright Complaints; DMCA

SwimScore complies with the Digital Millennium Copyright Act (“DMCA”). If you believe content on the Service infringes your copyright, send a written notice to our Copyright Agent containing the information required by the DMCA, including identification of the copyrighted work, identification and location of the allegedly infringing material, your contact information, a good-faith statement, and a statement made under penalty of perjury that the information in the notice is accurate and that you are authorized to act.

DMCA Agent: SwimScore Legal

Email: [email protected]

Subject Line: “DMCA NOTICE”

Counter-notices must also satisfy the requirements of the DMCA and be sent to the same contact.

22. Arbitration of Disputes; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

You and SwimScore agree that any dispute or claim arising out of or relating to these Terms or the Service shall be resolved through final and binding arbitration rather than in court, except that either party may seek injunctive relief in court for infringement or misuse of intellectual property rights or pursue an individual claim in small claims court if eligible.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Arbitration will be administered by JAMS under its applicable rules. Unless you and SwimScore agree otherwise, arbitration will be conducted on an individual basis.

Class Action Waiver

YOU AND SWIMSCORE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.

Mass Arbitration / Batching

If 25 or more arbitration demands asserting similar claims are filed by the same or coordinated counsel, the parties agree to resolve the demands in batches of up to 10. Only the first batch proceeds initially; remaining demands are stayed pending resolution of earlier batches. The arbitrator may award relief only on an individual basis.

30-Day Opt-Out

You may opt out of arbitration within 30 days after first accepting these Terms by emailing [email protected] with your full name, the email address associated with your account, and a clear statement that you are opting out of arbitration. Opting out will not affect any other provision of these Terms.

Fees

Payment of arbitration fees will be governed by the JAMS rules and applicable law.

23. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles, except where federal law governs, including the Federal Arbitration Act. Any court proceeding permitted under these Terms will be brought in the state or federal courts located in Delaware, and you consent to personal jurisdiction and venue there, except where applicable law requires otherwise.

24. California Consumer Rights Notice (Cal. Civ. Code §1789.3)

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by calling (800) 952-5210 or (916) 445-1254.

25. Notices; Electronic Communications Consent

We may provide notices to you within the Service or using the contact information you or your Ordering Provider provides, including email, telephone number, or mailing address. You agree to keep your contact information current and to review or correct information supplied by an Ordering Provider. You agree that electronic communications satisfy any legal requirement that communications be in writing, except where a different method is required by law.

Standard email and SMS are not always encrypted. By choosing to receive communications through those methods, you acknowledge the related privacy and security risks. Where available, you should use the secure patient portal for sensitive communications.

26. SMS and Email Terms

By providing your mobile number or email address, or by confirming contact information supplied by your Ordering Provider, you consent to receive transactional and administrative communications related to account registration, identity verification, orders, shipping, specimen status, scheduling, care coordination, results availability, security, and service updates. Marketing communications will be sent only where you separately opt in or where otherwise permitted by law.

Message and data rates may apply. You may opt out of marketing texts by replying STOP. You may also receive instructions to opt out of non-essential messages. Access to the Service is not conditioned on consent to receive marketing texts. Opting out of some transactional messages may affect our ability to provide time-sensitive updates about your order or account.

You understand that SMS and standard email may not be encrypted and consent to receiving communications through those channels as described above. Do not send urgent medical information by SMS or standard email.

27. Severability

If any provision of these Terms is found illegal, invalid, or unenforceable, it will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

28. No Agency

Nothing in these Terms creates an agency, partnership, joint venture, employer-employee, franchisor-franchisee, fiduciary, or similar relationship between you and SwimScore. Healthcare Providers, Ordering Providers, laboratories, couriers, and other third parties remain separate entities unless expressly stated in a separate written agreement.

29. Entire Agreement

These Terms and the policies incorporated by reference constitute the entire agreement between you and SwimScore regarding your use of the Service and supersede prior agreements or communications on that subject. They do not replace the terms of your separate clinical, payment, or privacy relationship with an Ordering Provider, Healthcare Provider, laboratory, or other third party.

30. Contact

Questions about these Terms, your account, or the Service:

SwimScore Support

Email: [email protected]

Legal matters, including arbitration opt-out and DMCA notices:

Email: [email protected]