Terms and Conditions

Last updated: June 1, 2026

These Terms and Conditions govern the use of the services offered by Fitnescity, Inc ("Fitnescity Health") at the Fitnescity Health website (the "Website"). Such services and Website together are hereinafter referred to as the "Platform." Please read these Terms and Conditions carefully before using the Platform.Your use of the Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms and Conditions, and your representation that you are twenty-one (21) years of age or older. If you object to anything in these Terms and Conditions, you are not permitted to use the Platform. These Terms and Conditions are hereinafter referred to as the "Agreement."

Cancellation, Rescheduling, Refunds & Testing Conditions

Customers may cancel or reschedule at least 24 hours prior to the beginning of the appointment. Customers who wish to reschedule or cancel their appointment may contact Fitnescity Health through email or phone. If a Customer cancels within 24 hours or less of the appointment time, Fitnescity Health will not be able provide a refund. Customers may reschedule within 24 hours but will incur a non-negotiable $25 administrative fee along with a rescheduling fee (up to the full cost of the appointment) as determined by the partner location.

Refunds: All appointments require Fitnescity Health to reserve equipment and block the test administrator’s time. As a result, Fitnescity Health will only process a refund if the appointment is canceled by the Customer at least 24 hours prior to the start time. Fitnescity Health does not provide partial refunds.

Packages are non-refundable: Packages provide the opportunity to book appointments at a lower cost. Once the Customer purchases a package, the Customer will receive a code to schedule all the appointments included in the package. The Customer may then reschedule these appointments at no cost, as long as the Customer provides a 24-hour notice. However, Fitnescity Health does not provide refunds on packages, including partial refunds for unused appointments.

Packages are valid for 12 months after the date of purchase.

Variance in results from one machine to another cannot be controlled by Fitnescity Health. For continuity in results over time, it is encouraged to retest on the same machine to most accurately compare results.

Fitnescity Health Is Facilitator between Customer and Test Center

Fitnescity Health is a communications platform for facilitating the connection between individuals seeking to receive wellness testing Services (“Customer(s)”), and test centers, imaging centers, facilities, and other assessment providers (each, a “Test Center”) seeking to assist Customers by delivering these wellness testing Services (“Testing Services”) to Customers who have authorized the delivery of such Services. Customer acknowledges and agrees that the Test Centers act as the agent of the Customer in carrying out the Testing Services, and that Fitnescity Health has no relationship with Customer other than to provide the Platform as set forth in this Agreement. Fitnescity Health does not have control over the quality, timing, legality, failure to provide or any other aspect whatsoever of the Test Center.

Release

YOU AGREE THAT NEITHER FITNESCITY HEALTH NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY TEST CENTER OR FOR ANY TESTING SERVICES. NEITHER FITNESCITY HEALTH NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY CLAIM, INJURY, DEATH, OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY TEST CENTER. IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE TEST CENTER, YOU HEREBY RELEASE FITNESCITY HEALTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES, MEDICAL FEES, LOSS OR DAMAGE OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Use of Material

Except as otherwise provided herein, all rights to all materials, content, layout, images, text, design (and any underlying software and computer codes) of this Website are proprietary to Fitnescity Health and its affiliates. Users of this Website or of the Fitnescity Health platform (“you” or “User(s)”) may browse the Website and may download material displayed on the Website for non-commercial, lawful, personal use only, provided all copyright and other proprietary notices contained on the material so downloaded are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying, reproduction, posting on any other website, republication, downloading, uploading, encoding, modification, translation, public performance or display, distribution or transmission of any portion of this Website, or the making of any derivative works from this Website, is prohibited.

No Emergency Services or Medical Advice

Fitnescity Health does not provide emergency services. If you are experiencing a medical emergency or urgent symptoms, call emergency services or seek immediate medical attention.

Fitnescity Health does not provide medical diagnosis, treatment, prescribing, medication management, or medical advice. Assessment results are not a substitute for advice from your physician or other qualified healthcare provider.

Abnormal Findings and Follow-Up

Some results may indicate that follow-up with a qualified healthcare provider is recommended. Fitnescity Health may provide results access, platform notices, or other communications according to the applicable workflow, but clinical interpretation, treatment decisions, prescribing, and medical follow-up are the responsibility of the applicable healthcare provider, Test Center, reviewing practitioner, or your own healthcare professional, as applicable.

Data Use and De-Identified Information

Fitnescity Health may use information as described in its Privacy Notice, Agreement to Participate, HIPAA authorization, and other applicable consents. Fitnescity Health may use aggregated, anonymized, or de-identified information for analytics, benchmarking, product improvement, research, commercial purposes, and other lawful purposes, provided the information does not identify you.

Disclaimer

USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE PLATFORM AND THE TESTING SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, GUARANTIES OF ANY RESULTS RELATED TO TESTING SERVICES, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FITNESCITY HEALTH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE PLATFORM OR THE CONTENT OF ANY WEBSITES LINKED TO THE FITNESCITY HEALTH WEBSITE. FITNESCITY HEALTH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE FITNESCITY HEALTH WEBSITE AND THE PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF FITNESCITY HEALTH’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.

FITNESCITY HEALTH DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, FITNESCITY HEALTH SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. FITNESCITY HEALTH, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF RESULTS OR FITNESS FOR A PARTICULAR PURPOSE. FITNESCITY HEALTH MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PLATFORM, SOFTWARE, TEXT, GRAPHICS OR LINKS. FITNESCITY HEALTH AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

Limitation of Liability

YOU AGREE THAT FITNESCITY HEALTH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY INJURIES, DEATHS, DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE PLATFORM; (II) THE LIABILITY OR FITNESS OF ANY TEST CENTER OR TESTING SERVICES; OR (III) IN CONNECTION WITH THE PERFORMANCE OF OR BROWSING IN THE WEBSITE OR YOUR LINKS TO OTHER WEBSITES FROM THIS WEBSITE, EVEN IF FITNESCITY HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT FITNESCITY HEALTH SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL FITNESCITY HEALTH’S TOTAL LIABILITY TO YOU FOR ANY LOSSES ARISING HEREUNDER EXCEED THE AMOUNTS PAID BY YOU TO FITNESCITY HEALTH HEREUNDER.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.

Indemnity

You agree to defend, indemnify and hold harmless Fitnescity Health and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any injuries, death, losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Website or from any breach by you of these Terms and Conditions, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. Fitnescity Health shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.

Partner-Originated and Co-Branded API Flow Terms

These Partner-Originated and Co-Branded API Flow Terms (“API Flow Terms”) apply when you access Fitnescity, Inc. (“Fitnescity Health,” “we,” “us,” or “our”) through a third-party partner, API integration, co-branded scheduling page, research platform, wellness program, employer, telehealth provider, pharmacy, or other partner channel (“Partner”).

These API Flow Terms supplement Fitnescity Health’s general Terms of Use, Privacy Notice, and any Agreement to Participate, HIPAA authorization, consent form, screening form, physician-order form, or other assessment-specific document you review or sign. If these API Flow Terms conflict with Fitnescity Health’s general Terms of Use for a partner-originated flow, these API Flow Terms control for that flow. If these API Flow Terms conflict with an assessment-specific Agreement to Participate or HIPAA authorization, the assessment-specific document controls for the assessment, consent, and results-disclosure issues it addresses.

1. How Partner-Originated Flows Work

You may begin on a Partner website or application, continue to a Fitnescity Health-hosted or Fitnescity Health-controlled co-branded page to schedule an assessment, provide required consents, complete screening, make payment if applicable, and receive results access, and then return to the Partner website or application.

Fitnescity Health and the Partner are separate entities. The Partner is not Fitnescity Health. Fitnescity Health is not the Partner. Unless expressly stated otherwise, the testing location is also separate from both Fitnescity Health and the Partner.

2. Fitnescity Health’s Role

Fitnescity Health may provide technology, scheduling, coordination, payment processing where applicable, consent collection, account access, results access, customer support, test-center coordination, and related platform services.

Fitnescity Health does not operate the Partner’s website, application, program, study, clinical service, pricing, marketing, communications, or privacy practices. Fitnescity Health is not responsible for the Partner’s products, services, claims, research activities, clinical care, prescribing, medication management, or use of information the Partner receives, except to the extent expressly required by law or expressly agreed by Fitnescity Health in writing.

3. Test Center’s Role

The applicable testing location, imaging center, facility, or other assessment provider (“Test Center”) performs the assessment. The Test Center is responsible for the actual administration of the assessment, facility operations, equipment, staff, safety procedures, and on-site issues, subject to applicable law and the Test Center’s obligations.

4. Partner’s Role

The Partner is responsible for its own website, platform, program, study, clinical service, payment terms, refund terms, marketing, communications, privacy practices, customer relationship, and use of information it receives.

If the Partner is a research platform, study sponsor, clinical research organization, employer, wellness provider, telehealth provider, pharmacy, or clinical program, the Partner is responsible for its own research consents, IRB approvals if applicable, participant communications, sponsor obligations, clinical decisions, prescribing decisions, medication management, counseling, follow-up, and documentation.

5. Separate Partner Terms and Privacy Practices

Your use of the Partner’s website, application, program, study, or services may be governed by the Partner’s own terms, privacy policy, consent forms, research documents, or other agreements. Those documents are separate from Fitnescity Health’s documents.

You should review the Partner’s terms and privacy policy before using the Partner’s services. Fitnescity Health is not responsible for the Partner’s terms, privacy policy, security practices, marketing, or use of information the Partner collects from you or receives with your authorization.

6. Consent to Share Results with Partner

Fitnescity Health will share your assessment information, results, or related information with a Partner only as authorized by you, permitted by applicable law, or described in the applicable consent, HIPAA authorization, Agreement to Participate, or other assessment-specific document.

If you authorize Fitnescity Health or the Test Center to disclose results to a Partner, the Partner may use those results for the purposes disclosed to you by the Partner and/or Fitnescity Health, including the Partner’s program, platform, study, service, or clinical workflow, as applicable.

Fitnescity Health is not responsible for the Partner’s interpretation, use, redisclosure, or handling of results after the Partner receives them, except to the extent required by applicable law or expressly agreed by Fitnescity Health in writing.

7. Payments, Refunds, and Cancellations

Depending on the Partner arrangement, you may pay Fitnescity Health, the Partner, or both. The applicable price, payment method, refund terms, cancellation terms, package terms, and no-show or rescheduling fees should be disclosed before purchase or scheduling.

If Fitnescity Health charges you directly, Fitnescity Health’s payment, refund, cancellation, and rescheduling terms apply to the Fitnescity Health charge. If the Partner charges you directly, the Partner’s payment and refund terms may apply to the Partner charge. Fitnescity Health is not responsible for refunding amounts paid directly to a Partner unless Fitnescity Health expressly agrees otherwise in writing.

8. Communications

Fitnescity Health may send you transactional, scheduling, support, privacy, safety, account, and results-related communications related to the assessment or Fitnescity Health platform.

Marketing communications from Fitnescity Health or the Partner are handled according to the applicable privacy notice, marketing preferences, consents, and law. The Partner is responsible for its own marketing communications unless Fitnescity Health expressly sends a communication on its behalf.

9. No Emergency Services or Medical Advice

Fitnescity Health does not provide emergency services. If you are experiencing a medical emergency or urgent symptoms, call emergency services or seek immediate medical attention.

Unless expressly stated in an assessment-specific document, Fitnescity Health does not provide medical diagnosis, treatment, prescribing, medication management, or medical advice. Assessment results are not a substitute for advice from your physician or other qualified healthcare provider.

If a Partner uses your results for clinical care, medication management, research, wellness programming, or other services, the Partner is responsible for those services and any related follow-up, counseling, or decisions.

10. Abnormal Findings and Follow-Up

Some results may indicate that follow-up with a qualified healthcare provider is recommended. Fitnescity Health may provide results access, platform notices, or other communications according to the applicable workflow, but clinical interpretation, treatment decisions, research decisions, prescribing, and medical follow-up are the responsibility of the applicable healthcare provider, Partner, Test Center, reviewing practitioner, or your own healthcare professional, as applicable.

11. Data Use and De-Identified Information

Fitnescity Health may use information as described in its Privacy Notice, Agreement to Participate, HIPAA authorization, and other applicable consents. Fitnescity Health may use aggregated, anonymized, or de-identified information for analytics, benchmarking, product improvement, research, commercial purposes, and other lawful purposes, provided the information does not identify you.

If information originated through a Partner flow, Fitnescity Health will not publicly identify the Partner, a Partner sponsor, a Partner study, a Partner protocol, or a Partner-specific cohort in marketing materials or public case studies unless permitted by the Partner agreement or approved by the Partner.

12. Relationship to Fitnescity Health General Terms

Fitnescity Health’s general Terms of Use continue to apply except where modified by these API Flow Terms for a Partner-originated flow. Fitnescity Health’s Privacy Notice explains Fitnescity Health’s privacy practices. The Agreement to Participate and any HIPAA authorization or assessment-specific consent controls the assessment-specific risks, consent, and results-disclosure terms.

13. Contact

For Fitnescity Health scheduling, account, results-access, or support questions, contact Fitnescity Health at support@fitnescity.com.

For questions about the Partner’s program, study, service, payment terms, research participation, clinical care, or use of results, contact the Partner directly.