Informed Consent and Medical Release Form

Welcome to BioOpt Health, Inc. together with its subsidiaries and affiliates, including Mitome (collectively, the "Company," "Mitome," "we," or "us"), a company dedicated to analyzing your genetic and biochemical data to provide you with personalized nutritional and wellness insights. Our services include, but are not limited to, whole genome sequencing, nutrient metabolism analysis, hormonal profiling, microbiome testing, and mitochondrial enzyme analysis. Before proceeding with your genomic and biochemical testing, it is important that you carefully read and understand the following information. Participation in genetic and biochemical testing is entirely voluntary. This consent form outlines the purpose, benefits, risks, and limitations of our specific genomic and biochemical testing services and the full analysis thereof (the “Services”). By signing this form, you acknowledge that you have been fully informed and consent to the testing process necessary for the Services. You may use your test results for personal health management, sharing with healthcare providers, and making informed lifestyle decisions. However, these results should not be used for medical diagnosis without consultation with a qualified healthcare professional.

Mitome operates on the website www.mito.me and may have previously, now, or in the future owned and/or operated through a related mobile application or affiliated website (collectively, the "Platform"). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content ("Content"), any products or services and consults, including but not limited to genetic and biochemical analysis, nutritional and wellness insights, whole genome sequencing, nutrient metabolism analysis, hormonal profiling, microbiome testing, and mitochondrial enzyme analysis provided through the Platform or otherwise by Company, and any affiliated website, software or application owned or operated by Company (collectively, including the Platform and the Content, the "Services") are governed by this Informed Consent ("Consent", "Agreement", or “Form”).

ACCEPTANCE OF TERMS AND CONDITIONS & PRIVACY POLICY

Your access to and use of the Service is subject to this Agreement, the Company Terms of Use, and Privacy Policy, as well as all applicable laws and regulations. The Company affirms its commitment to comply with all applicable privacy laws and regulations in the collection, processing, and storage of your personal and genetic data. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Service or any information or Content provided through the Service, except as necessary to review this Agreement. The Service is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Service in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Service is also subject to this Agreement upon posting to the Platform. We will notify you of any material changes to the Services provided via email and/or through a prominent notice on our Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Service. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.

Cancellation Policy: Either party may cancel the services provided under this Agreement. If you wish to cancel, you must provide written notice to the Company. The Company reserves the right to cancel services at any time, with or without cause, by providing written notice to you. In the event of cancellation by either party see Terms and Conditions for our Refund Policy.

The Company is not designed to diagnose or treat genetic conditions, but information related to such conditions may arise as a result of the analysis. If warranted, obtain professional opinions from your primary health provider and/or genetic counseling before giving consent to fully understand the risks and benefits of completing the testing.

By clicking “I agree,” signing this Consent, checking a related box to signify your acceptance, using any other acceptance protocol presented through the Service, including continued access to the Platform, or otherwise affirmatively accepting the terms and conditions of this Agreement, you acknowledge that you have read, accepted, and agreed to be bound by this Agreement. If you disagree with these terms and conditions, do not create an account or use the service. You hereby grant agency authority to any party who clicks on the “I agree” button or otherwise indicates acceptance of these terms and conditions on your behalf. It is highly recommended you complete this form in consultation with your primary care physician, genomic counselor, an attorney, and/or clinician.

RELATIONSHIP WITH COMPANY

We make available to individuals who register as users of the Service certain products and services sold or offered through the Company or by third-party medical providers, pharmacies, or other vendors via our Service. Our Services may include laboratory services from the following laboratories: Sequencing (or another whole genome sequencing alternative), Quest Diagnostics, Genova Diagnostics, Mosaic Diagnostics, Vibrant Wellness, Religen, Rupa Health, and occasionally Precision Analytical and others (the “Labs”). The testing procedures may include but are not limited to, DNA extraction, PCR amplification, next-generation sequencing for genomic analysis, spectrophotometry for enzymatic analysis, and mass spectrometry for biochemical analysis. Specific methodologies may vary depending on the test and laboratory involved. Company may, from time to time, employ or contract with physicians, laboratories, RDs, and other health professionals (the “Providers”). By accepting this Agreement, you acknowledge and agree that any services you receive from the Labs or Providers are also subject to this Agreement. You further acknowledge that the Labs and Providers are independent entities and Mitome is not liable for any actions, omissions, or any harm caused by these Labs or Providers. The Labs and Providers are third-party beneficiaries of this Agreement.

We may offer additional services or require supplementary tests based on initial results or new scientific developments.  You will be notified of any such additional services or requirements, and your sent will be obtained before proceeding with any new or additional services.

We do not control or interfere with the delivery of wellness services by any contracted Labs and Providers, each of whom is solely responsible for directing the medical care, services, and/or treatment they provide to you. By accepting this Agreement, you acknowledge and agree that Company is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other healthcare provider-patient relationship with Company.

While you are not establishing a doctor-patient or other healthcare provider-patient relationship with Company, by using the Service, you are establishing a direct customer relationship with Company to use the Service, including the purchase of any non-prescription products or non-medical services sold directly to you by Company via the Service. In connection with such relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy.

LABORATORY PRODUCTS AND SERVICES

Currently, some of the laboratory products and services offered through the Platform can only be ordered and fulfilled through the Labs and are not available through local laboratories. If you receive laboratory products and/or services from a Lab through the Platform, the applicable testing materials are shipped to you by the applicable Lab, and the costs associated with the laboratory products and services are included in the total charged to you by the Service. The estimated timeline for completion of testing services varies depending on the specific tests ordered, but typically ranges from 3-12 weeks from the date of sample receipt by the laboratory. You will be notified once your results are available for review.

The tests included in the program are not intended in isolation to diagnose, treat, or cure disease. If a laboratory test result is outside normal range, you may be encouraged to see a physician. Many tests, to be validated, may need to be repeated at the discretion of a physician. Laboratory test results may vary depending upon age, sex, time of day blood sample is taken, diet, medications, and the limits of modern technology. False positive and false negative test results are possible. There are various medical diseases that cannot be uncovered by these tests alone. Testing only constitutes a partial evaluation of your state of health and does not represent a diagnosis or treatment of disease.

CONSENT TO GENOMIC AND BIOCHEMICAL TESTING

The tests included in the program are designed to provide valuable information about your health status. Benefits of these tests may include early detection of potential health issues, personalized health insights, and the ability to make informed decisions about your wellness. However, these tests are not intended in isolation to diagnose, treat, or cure disease. If a laboratory test result is outside normal range, you may be encouraged to see a physician. Many tests, to be validated, may need to be repeated at the discretion of a physician. Laboratory test results may vary depending upon age, sex, time of day blood sample is taken, diet, medications, and the limits of modern technology. A single laboratory test or group of tests cannot guarantee good health. False positive and false negative test results are possible. There are various medical diseases that cannot be uncovered by these tests alone. Testing only constitutes a partial evaluation of your state of health and does not represent a diagnosis or treatment of disease.

In cases of uncertain or ambiguous test results, the following procedure will be followed: 1) The laboratory will conduct a secondary analysis to confirm the initial results. 2) If uncertainty persists, you will be notified and may be asked to provide an additional sample for retesting. 3) Your genetic counselor or qualified healthcare professional can be contacted to discuss the implications of uncertain results. 4) If necessary, you may be referred to a specialist for further evaluation or additional testing.

If you disagree with these terms and conditions, do not create an account or use the service. You hereby grant agency authority to any party who clicks on the “I agree” button or otherwise indicates acceptance of these terms and conditions on your behalf. It is highly recommended you complete this form in consultation with your primary care physician, genomic counselor, an attorney, and/or clinician.

By signing below, or clicking “I agree,” or checking a related box to signify your acceptance, or using any other acceptance protocol presented through the Service, including continued access to the Platform, or otherwise affirmatively accepting the terms and conditions of this Agreement, you acknowledge that you have read, accepted, and agreed to be bound by this Agreement and the following:

  • Your use of the Company Service is voluntary. It is your choice whether to participate or not. You may cancel the Service at any time. If, for any reason, you believe that your use is anything but voluntary, please stop all use of the Service.
  • You consent to the release of your blood/genetic/gut/saliva/mitochondria/other lab results to the Company, the related network of healthcare providers and laboratories, and any other person you authorize, to allow the provision and completion of the services and to allow the provider(s) to review your results and conduct a follow-up consultation if you so choose. Your test results may be shared with Company affiliates only for the purposes of improving our services, conducting research, or as required for regulatory compliance. Such sharing will be done with de-identified data whenever possible, and affiliates will be bound by the same confidentiality and use restrictions as the Company.
  • There may be a possibility that the laboratory findings will be uninterpretable or of unknown significance. In rare circumstances, findings may suggest a health problem different than the interpretation originally considered.
  • The tests offered are considered to be the best available at this time. These tests are often complex and utilize specialized materials. The potential benefits of these tests, such as early detection and personalized health insights, generally outweigh the risks associated with the testing process. However, there is always a slight chance an error may occur, and patients should be aware that while the benefits are significant, some risks do exist as outlined in this document.
  • The results are confidential to the extent allowed by law. They will only be released to other medical professionals or other parties with your written consent or as otherwise permitted by law. The Company agrees to notify you if your test results are to be used for any purpose not originally consented to in this agreement, and to obtain your additional consent for such use. Participation in genetic and biochemical testing is entirely voluntary.
  • You are strongly encouraged to consult and work with an experienced healthcare practitioner.
  • Individuals with health disorders, medical conditions, or any condition needing medical supervision assume full responsibility for obtaining such professional medical assistance. Consult your physician regarding any symptoms or medical conditions. Company does not recommend self-diagnosis or self-medication.

NOTICE REGARDING YOUR FINANCIAL RESPONSIBILITY FOR SERVICES

The cost for genetic and biochemical testing services is discussed and agreed upon. You are responsible for payment in full.

Company is not enrolled with, and is not participating providers with, any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any healthcare or mental health services or supplies, and, as such, neither you nor Company nor its Affiliates may receive payment from such programs for the services or products provided to you by Company. By using the Service, you are specifically choosing to obtain products and services on a cash basis outside of any federal or state healthcare program. Thus, you are solely responsible for the costs of any service or product provided to you.

By agreeing to use the Service, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services on a cash basis outside of any federal or state healthcare program, and you have sole financial responsibility for all services or products provided to you by or through the Service; and (2) Company and its Affiliates will not submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Service; if you choose to submit a claim for reimbursement, Company takes no responsibility for whether your insurance may accept such a claim.

LIMITED USE AND AVAILABILITY

Our Service is currently only available to individuals who are located in states in which we offer the Service, are at least eighteen (18) years of age or older, and who have accepted this Agreement; provided, however, that individuals who are located in the states in which we offer the Service and are under the age of 18 may use the Service if a parent or legal guardian provides consent to such use in accordance with the requirements set forth in this Agreement and the Service. By visiting, accessing, registering with or using the Service, you are (a) representing and warranting to us that you are either (1) at least eighteen (18) years of age or older or at least the age of majority in your jurisdiction of residence if higher than eighteen (18), or (2) under the age of eighteen (18) and have obtained consent from your parent or legal guardian to use the Service; (b) if you are a parent or legal guardian providing consent for an individual minor who is under the age of eighteen (18) (or such higher age of majority under applicable state law), representing and warranting to us that you are the parent or legal guardian for such minor and have all legal power and authority to provide consent for the use of the Service by such minor; (c) representing and warranting to us that when you use the Service to consult with a Provider, you are located in the same state as the shipping address you provide in your account at the time that you conduct such consultation; (d) agreeing to comply with all applicable laws in visiting, accessing, registering with our using the service; and (e) agreeing that you will only use the Service for lawful purposes. Our Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.

ACKNOWLEDGMENT OF CONSENT

By signing below, or clicking “I agree,” or checking a related box to signify your acceptance, or using any other acceptance protocol presented through the Platform, including continued access to the Platform, or otherwise affirmatively accepting the terms and conditions of this Agreement, you acknowledge that you have read, accepted, and agreed to be bound by this Agreement and the following:

- I certify I am at least 18 years old or the parent/legal guardian of a minor less than 18 years old.

- I certify I have had the opportunity to read and consider the Company’s Privacy Policy and Terms of Use to my satisfaction prior to entering into this Form.

- I understand that I will be notified of any updates to this informed consent document via email or through the Company's secure online portal, and I agree to review such updates promptly upon notification.

- I acknowledge that updates to this informed consent document may be implemented from time to time, and I agree to review and accept such updates within 30 days of notification. If I do not accept the updates within this timeframe, I understand that my use of the Company's services may be suspended until I review and accept the updated terms.

- I accept that the Company services, including explaining of results, will be rendered as a PDF or webpage report.

- I hereby consent to the genetic, mitochondrial enzyme analysis, and biochemical analysis by Company as ordered by me or by my physician;

- I understand and acknowledge that most, if not all, of the Services, have not been evaluated or approved by the Food and Drug Administration (FDA). I hereby consent to use Mitome’s Services with the understanding that they are not FDA-approved and acknowledge that Mitome makes no claims as to the efficacy or safety of its Services in diagnosing, treating, curing, or preventing any disease or condition.

- I recognize that these Services are provided for informational purposes only and are not intended to diagnose, treat, cure, or prevent any disease. The use of Mitome’s Services is not a substitute for professional medical advice, diagnosis, or treatment.

- I agree that my decision to use Mitome’s Services is made voluntarily and based on my own judgment, taking into account the limitations and exclusions set forth herein. I assume full responsibility for any risks associated with my use of Mitome’s Services.

- I hereby consent to the collection and processing by Company of my personal health information and sample as required to conduct the genetic and biochemical analysis, including any necessary transfer of my personal health information between my physician and Company across national borders, specifically to the United States;

- I hereby consent to the analysis of the obtained sample and its storage, in accordance with Company's or the Lab's specimen retention policy, for a period of 5 years after the analysis, together with my client file to be able to verify the results of the analysis if need be, after which it will be permanently deleted unless requested otherwise in writing. I understand I have the right to request deletion of this data at any time.

- I understand that all information and data collected on the Platform for the Services is protected under the Company Privacy Policy, Cookies Policy and the Company will manage all data and information responsibly also ensuring all personal and genetic data collected and stored by the Company is protected using industry-standard bit encryption.

- I hereby consent to the receipt of information by me and/or my physician about the results of the genetic and biochemical analysis.

- I hereby consent to the provision upon request to me or my physician of the raw data of the genetic and biochemical analysis.

- I understand that I retain ownership of my genetic, mitochondrial enzyme analysis, and biochemical data, while the Company retains ownership of its analysis and interpretation of this data.

- I am aware that I can withdraw my consent in full or in part subject to the terms of the Privacy Policy and that I have the right not to know the results of the genetic analysis as described in this Consent Form;

- I hereby consent to allow Company and its network of healthcare Providers and Labs to access my entire medical history, including my medication history, if necessary;

- I understand that, as with any medical procedure, there are potential risks and discomforts associated with the Company’s products and services. These may include:

  • Temporary pain or discomfort at the site of needle insertion
  • Bruising or swelling at the puncture site
  • Infection, although rare, at the puncture site
  • Fainting or dizziness during or after the test
  • Rarely customers may experience the following:
    • Psychological distress or anxiety related to test results
    • Unexpected implications for family members
    • Potential impact on life decisions based on test results

We strongly recommend discussing any concerns or emotional reactions to test results with a healthcare professional or genetic counselor.

  • Inflammation of the vein used for injection, phlebitis, metabolic disturbances, and injury
  • Extremely Rarely customers may experience the following: Severe allergic reaction, anaphylaxis, infection, cardiac arrest and death

- I understand that most, if not all, products and services offered by Company are not evaluated by the FDA. Mitome products and services are not intended to diagnose, treat, cure, or prevent disease.

- I agree and understand that any returns, replacements and refunds will be subject to the Company’s Refund Policy.

- I understand that these programs are not covered by insurance. I understand that I am responsible to pay for all services and products and I will pay for all such products and services in advance. I will not directly or indirectly seek reimbursement through my insurance company, Medicare, Medicaid, or other third party. I understand that neither the Company nor the Labs or Providers in the Company’s network will complete or sign any insurance papers.

- I understand and agree that the Company, Labs, and Providers in the Company’s network are not my primary care providers and are not intended to replace my current primary care provider. I understand that my Mitome products and services will be in conjunction with the care provided to me by my primary care physician. I agree to keep the Company and my primary care physician informed of any changes in my health or adverse reactions to any medications over the course of my treatment.

- I warrant that all my responses are complete, truthful and accurate. Additionally, I solely assume responsibility for confirming the legality of treatments, products and services of the Company and agree to indemnify and hold harmless Company for any non-compliance or violation of this form.

- I understand that any data I provide to the Company or its provider network throughout my customer journey is subject to the Company’s Privacy Policy.

- I hereby consent to allow the Company to use and process my personal data for the purposes in this Form and for Company to contact me through the e-mail and/or phone number (including by automated SMS texts) I provided for promotional and marketing purposes.

- I have been provided with an opportunity to ask questions about all the Company’s products and services, and my questions have been answered to my satisfaction. I understand that this consent is voluntary, and I have the right to refuse or withdraw consent at any time before or during the services.

- I further understand that this consent form is an integral part of the Informed Consent and Medical Release Form and is subject to the terms and conditions outlined therein. My acceptance of this consent to the use of the Services signifies my agreement to be bound by all terms and conditions of the Informed Consent and Medical Release Form, including this consent.

REVOCATION

This authorization will remain in effect indefinitely unless and until I provide written notice to revoke it. I understand that I have the right to revoke this authorization at any time. If I revoke this authorization, I understand that I must do so in writing by emailing support@mito.me or by mail at: Mitome, 9825 Ne 2nd Ave #530114, Miami, FL 33153. The revocation will take effect immediately upon receipt by the Company. I understand that the revocation will not apply to information that has already been released in response to this authorization.

Upon revocation of this authorization, the Company will, within 30 days, either destroy or de-identify any personal information collected under this authorization that is not required to be retained for legal or legitimate business purposes. De-identification will be performed in accordance with applicable privacy laws and industry best practices to ensure that the data can no longer be associated with me personally.

Upon revocation of this authorization, the Company may continue to use and disclose information that was collected prior to the revocation only to the extent that such use or disclosure is required by law, necessary for the Company's legitimate business purposes, or as specified in the Company's privacy policy. Any further use or disclosure of information collected prior to revocation will require a new authorization from me.

DISCLAIMERS

THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. COMPANY AND EACH THIRD PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE LABS, AND THE PHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM. COMPANY DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold Company and any staff and affiliate laboratory offering products or services through the Service, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

BINDING ARBITRATION / CLASS WAIVER

YOU AND WE EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND US OR ANY OF THE COMPANY PARTIES, ANY MEDICAL GROUPS, PROVIDERS, LABS, OR PHARMACIES ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO COMPANY, THE PLATFORM, THE CONTENT OR THE SERVICE, OR ANY OTHER GOODS, SERVICES OR ADVERTISING BY COMPANY OR ANY OF THE COMPANY AFFILIATES, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY, “DISPUTES”), THAT IS NOT RESOLVED BY AN INFORMAL DISPUTE RESOLUTION CONFERENCE (AS DEFINED AND DESCRIBED BELOW), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S CONSUMER ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (COLLECTIVELY, “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN. FOR PURPOSES OF THIS ARBITRATION AGREEMENT, “DISPUTE” WILL ALSO INCLUDE DISPUTES THAT AROSE OR INVOLVE FACTS OCCURRING BEFORE THE EXISTENCE OF THIS OR ANY PRIOR VERSIONS OF THE TERMS AND CONDITIONS AS WELL AS CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS AND CONDITIONS.

ARBITRATION NOTICE: UNLESS YOU TIMELY OPT-OUT OF ARBITRATION IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND ANY REFERENCED OR ASSOCIATED MEDICAL PROFESSIONALS OR PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS,OR THE SERVICE, SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE OR COOPERATE IN ANY CAPACITY IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.

CONTACTING US

If you have any questions or concerns about this Agreement, please contact us by email at support@mito.me. We will attempt to respond to your questions or concerns promptly after we receive them.

STATE SPECIFIC DISCLOSURES

FLORIDA, MASSACHUSETTS, MINNESOTA, NEW HAMPSHIRE, TEXAS, AND VERMONT RESIDENTS:

I understand that my consent allows the Company the use of my de-identified genetic information for research and/or education, which may include, but is not limited to, studies on genetic variations, disease associations, and population genetics. The Company will not notify me of any specific findings resulting from this research unless required by law or deemed medically actionable by the Company's ethics board. If I do not give permission my de-identified genetic information, may still be used to develop new tests and to improve or confirm the quality of existing tests, including sharing de-identified data with public databases. Aggregate information that includes my genetic information (e.g., summary information like total number of customers tested with a particular variant), may still be shared. The Company is prohibited from selling or using your identifiable test results for commercial purposes without your explicit consent. Any commercial use of de-identified or aggregated data will be solely for the purpose of improving our services or contributing to scientific research. I understand that I have the right to revoke my consent for the use of my data in research at any time by submitting a written request to the Company at support@mito.me. I understand that my consent to disclose genetic information as described in this form is valid indefinitely from the date I sign this Form, unless I revoke my consent in writing.

MINNESOTA RESIDENTS: I understand that my consent to disclose genetic information as described in this form is valid for a period of one year from the date I sign this Form.

WYOMING RESIDENTS: I understand that I have the right to inspect, correct, and obtain my genetic information and request destruction of my genetic information under certain circumstances in accordance with Wyoming Statutes

§ 35-32-103. However, the Company may deny my request to destroy my genetic information under certain circumstances, including if retaining my information is necessary for one of the purposes described in this Form.