At-Home Testing Consent

Last modified: April 26, 2021

This is a Binding Agreement. Neb Health Inc (“we”, “us”, “Butterfly Labs”) provides an at-home lab test platform and other services (collectively, the “Services”) to health and wellness companies (“Partners”) that wish to offer at-home testing (“Testing Services”) to their users.

You are an individual who is a user of a Partner, in whose terms of service this consent agreement (the “Consent”) is referenced. You may also be an individual who is an employee at a Partner and is testing the Services within your organization.

You must agree to and accept all of the terms of this Consent (collectively, the “Agreement”), or you do not have the right to use the Testing Services provided through our Partner. Your continued use of the Testing Services through our Partner constitutes your acceptance of this Consent.The definitions contained within the Agreement are demarcated by the use of capitalization.

The definitions within the Agreement only apply to the Agreement and should not be understood to apply outside of Agreement unless explicitly stated otherwise.

About the Services. Butterfly Labs provides an end-to-end service for our Partners to offer at-home lab testing services to you and other “Consumers”, patients or other individuals consuming health or wellness services.

The Services work as follows:
Our partner places orders for at-home lab tests (“Orders”) with us.

- If needed, our ordering physicians approve the Orders.Then, we send test kits to you via third-party shipping services.
- You collect the necessary biological samples using the test kits.
- Then, you ship the samples to our partner CLIA-certified laboratories (“Labs”) with the return shipping label and mailer included in the test kits.
- Labs run tests on the samples.
- We provide our Partner with the test results for Orders (“Results”).
- Orders can only be placed with Labs by licensed medical doctors or other healthcare professionals legally permitted to order lab tests ("Physicians").

Testing Services and Procedures. In order for our Partner to be able to provide the Testing Services, we may require information about you. As part of your use of our Partner’s services, our Partner provides us with this information. In order for Butterfly Labs to provide you with accurate and timely results, you must provide accurate and correct information to our Partner. Failure to provide accurate information can result in your sample(s) not being tested.

All Orders must be reviewed by a Physician, either provided by our Partner or us. Butterfly Labs has entered into agreements with Physicians in the states where you reside and who are authorized by the respective state legal authorities to review Orders. The placement of an Order and the subsequent shipping of a test kit to you will occur only after the Order is authorized by a Physician.

You acknowledge and understand that you are not entering into a doctor-patient relationship with either any Physician we may provide to place Orders, or with us, and that any questions or required follow-up shall be your responsibility to arrange with your own physician.

You will collect the biological sample(s) necessary for the test per the instructions (“Instructions”) provided by either Butterfly Labs, the instructions included within the test kit, or our Partner. After following the Instructions for sample collection and packaging, you will send the sample(s) to our partner Lab where your sample(s) will be tested for a number of biomarkers or genes.

The result of your test(s) will be made available to you through our Partner. In the event (“Event”) that we or the Lab determine that the sample is not suitable for testing or has been submitted in violation of this Agreement, we reserve the right to withhold the results and to not provide a refund.

Labs determine normal clinical ranges for all tests. If the Results are clinically significant or have a critical value that falls outside of clinically normal established ranges by at least a certain amount, Butterfly Labs or our Partner will make a reasonable effort to contact you to ensure you are aware of the clinical significance of your test result and that you should seek medical consultation.

If your test results are not clinically significant and no Event has transpired, you reserve the right to your test results.

Our Relationship. This section (“Our Relationship”) is void if you are buying tests from a website operated directly by Neb Health Inc, or if you are an employee of a Partner who is testing the Services internally at your organization.  

We have a business relationship with our Partner, who provides you with Testing Services fulfilled by us. We have no business relationship with you. We are not responsible for any aspect of other products or services our Partner directly provides you that do not involve the Testing Services.

Butterfly Labs provides test kits to you. Otherwise, we do not directly interact or communicate with you. We assume no liability for any real or perceived damage as a result of improper provision of the Testing Services by our Partner to you, and from your use of our Partner’s other products or services aside from the Testing Services.

Our Partner is responsible for the proper provision of the Testing Services to you, which may include but are not limited to:
- providing any user interfaces so you can place Orders, and see Orders, Statuses, Results, and any other related information;
- having a terms of use, privacy policy and/or any legal agreements governing our Partner’s relationship with you;
- providing you with any disclosures required by law;
- providing you with a way to contact them for support regarding the Testing Services;
- handling Order refund, cancellation, or modification requests;
- counseling you on which tests you may need;
- counseling on the limitations, drawbacks, and risks of tests;
- interpreting Results.

Voluntary Participation. The Testing Services are completely voluntary. By submitting your sample to the Lab using collection devices sent to you, you acknowledge that your use of the Testing Services and sample collection, testing, and sharing results with us and our Partner are voluntary.

Risks. You understand that you must collect the appropriate biological sample(s) necessary to perform the test(s) offered by our Partners and fulfilled by us. Some tests require a urine or saliva sample where there is no risk associated with sample collection using the appropriate collection device. Some tests require the collection of samples such as blood which carry low risk. You acknowledge that the collection of some forms of biological sample(s) carry some risks including, but not limited to, discomfort, pain on draw entry, bruising, lightheadedness, inflammation, and the rare risk of infection. If you have a history of hemophilia or other forms of excessive bleeding, vasovagal syncope triggered by blood, or other psychosomatic reactions to blood, we advise avoiding our tests that require self-collection of a blood sample.

Information from your test results that you choose to share with your healthcare providers may become part of your medical record, which may result in such information being shared with other healthcare providers and/or health insurance companies in the future. Information shared with other parties may be used against your interests. Information you may deem unimportant today may reveal more about your health status as future discoveries are made.

Butterfly Labs, our ordering Physician, or our Partner, after reviewing your results, may advise you to seek medical consultation. You may learn about health conditions you have, including those you were not previously aware of prior to receiving the Results. You may experience stress, anxiety, or physical and/or emotional discomfort if you learn about your current or potential health problems.

Limitations. Butterfly Labs and the Services DO NOT PROVIDE MEDICAL ADVICE. The information and content provided by Butterfly Labs, including but not limited to text, graphics, images, videos, lab reports, results, and any other materials from Butterfly Labs, are for informational purposes only and are not intended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified healthcare provider with any questions you have regarding your medical care. Never disregard professional medical advice or delay seeking such advice because of information provided by Butterfly Labs. Nothing contained in the Services is intended to constitute medical diagnosis or treatment. Reliance on any information from Butterfly Labs is solely at your own risk.

Butterfly Labs does not guarantee or warrant the accuracy, timeliness, or utility of any of the information provided to you by the Services. While Butterfly and Labs implement safeguards against technical errors, it is possible, as with all medical testing, for a test result to be inaccurate, or be a false positive (indicating the presence of a biomarker or gene that is not actually present in a sample) or false negative (indicating the absence of a biomarker or gene that is actually present in a sample).

Other sources of technical error can arise from poor sample quality, sample contamination, sample mix-up, inherent limitations with testing methodologies, or other technical errors at the Lab. Certain factors can also influence the accuracy of test results including, but not limited to, hormone replacement therapy, bone marrow transplants, and recent blood transfusions. While Butterfly Labs and Labs do our best to account for such factors, we are limited by our own capabilities, research, and information on you or your biological makeup in providing accurate test results.

Use Of Your Information. We are subject to multiple state and federal laws regarding the retention and security of your data. Accordingly, we may retain some or all of your information for compliance purposes or business necessity.

Butterfly Labs has no obligation or control over the retention of your biological sample(s). The Labs testing your sample(s) are subject to multiple state and federal laws regarding the retention of your data and samples. Accordingly, the Labs may retain some or all of your information as is necessary to be compliant with regulatory requirements, compliance purposes, or business necessity independent of Butterfly Labs.

You understand that your use of Services provided by Butterfly Labs, including, but not limited to, providing Butterfly Labs and Labs your biological sample(s) and the test results from the biological sample(s), does not grant you any rights in any research or commercial products that may be developed by Butterfly Labs or its collaborators. You acknowledge that you will not receive compensation for any research or commercial products that include or result from your sample or information.

Your information and test results may be stored and used for validation, educational, and/or research purposes. By accepting this Consent, you acknowledge and agree that Butterfly Labs may de-identify the information that is obtained from your use of Butterfly Labs Services and that we may aggregate and combine this information with other de-identified information. De-identified information means that personally identifiable information about you or your information has been removed. You understand that we will not disclose, sell and otherwise commercialize personally identifiable information but that we may disclose, sell and otherwise commercialize de-identified information without restriction.

Butterfly Labs or Labs may incorporate different or additional technologies to test or analyze your biological sample(s) or test results. We are not obligated to inform you of the incorporation of different or additional technologies to test or analyze your biological sample(s) or test results. Your use of Services does not grant you the right to the use of different or additional diagnostic technologies.

If you are an employee of a Partner testing the Services internally at your organization, Butterfly Labs is not a covered entity under HIPAA with respect to internally testing the Services at your organization.

Amendments. We reserve the right to withdraw, update or change the Services, or any part of the Services, and to modify this Agreement at any time, for any reason, by updating the relevant web pages and notifying our Partner. It is our Partner’s responsibility to update their legal agreements with you, if necessary, and to notify you.  You understand and agree that your continued use of the Testing Services after this Agreement has been updated constitutes your acceptance of the revised terms. If you do not agree to the change, you must stop using the Testing Services. THIS AGREEMENT CANNOT BE AMENDED BY ORAL STATEMENTS MADE BY US, OUR PARTNERS, EMPLOYEES, OR CONTRACTORS, OR BY USER GUIDES, SERVICE DESCRIPTIONS, ANSWERS TO FREQUENTLY ASKED QUESTIONS, OR OTHER EXPLANATORY OR PROMOTIONAL MATERIAL THAT WE PROVIDE.