Terms and Conditions

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.  PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY ACCESSING THE SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ACCESS SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THE WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

1. Introduction

Welcome to the CardioFlux® Membership and wellness services, operated by Genetesis, Inc (“Genetesis”, "Company", "we", "us", or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website, services, and related content, including but not limited to the CardioFlux® Membership, wellness consultations, and associated products (collectively, the "Services").

By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must refrain from using our Services. Please review these Terms carefully before engaging with any of our offerings.

We may update these Terms from time to time, and any changes will be posted on this page with an updated revision date. It is your responsibility to check this page periodically to ensure you are aware of any modifications. Continued use of our Services after such changes are posted constitutes your acceptance of the updated Terms.

1.1 Acceptance of the Terms

By creating an account, booking a consultation, purchasing a membership, or otherwise using our Services, you acknowledge that you have read, understood, and agreed to these Terms, as well as our Privacy Policy, which is incorporated by reference and can be accessed at [Privacy Policy URL]. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.

1.2 Services Overview

Genetesis, Inc offers wellness services designed to provide educational guidance and general recommendations for improving cardiac and overall health through the use of our CardioFlux® technology and wellness consultations. Our Services are designed to enhance your well-being and provide insights based on lifestyle factors, self-reported information, and CardioFlux® data.  However, our Services are not a substitute for medical care, are not intended to diagnose, treat, prevent, or cure medical conditions or illnesses, and should be used in conjunction with care provided by a licensed healthcare professional.

2. Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

• “Company”, “we”, “us”, or “our” refers to Genetesis, Inc, the provider of the Services described in these Terms.
• “You” or “User” refers to any individual, entity, or organization accessing or using our Services.
• “Services” refers to all services provided by Genetesis, Inc, including but not limited to access to the CardioFlux® technology, CardioFlux® Memberships, wellness consultations, our website, and any associated products or features.
• “CardioFlux®” refers to the non-invasive magnetocardiography (MCG) technology used to measure and display the magnetic signals produced by the electrical currents of the heart. CardioFlux® is not intended to diagnose, treat, prevent, or cure, medical conditions or illnesses.
• “Membership” refers to the CardioFlux® Membership program, which provides Users with access to certain Services, including Wellness Consultations, CardioFlux® scans, and ongoing health insights.
• “Wellness Consultations” refers to the educational guidance provided by our consultants, focused on general wellness and lifestyle factors. These consultations do not constitute medical advice, and are not intended to diagnose, treatment, prevent, or cure medical conditions or illnesses. These consultations should be used in conjunction with care provided by a licensed professional.
• “Consultant” refers to individuals providing the Wellness Consultations as part of the CardioFlux® Membership. Consultants offer general wellness guidance but are not acting as healthcare providers during consultations.
• “Website” refers to our online platform available at www.cardioflux.com through which Users can access our Services, schedule Wellness Consultations, and manage their Memberships.
• “Terms” refers to these Terms and Conditions, as well as any updates or modifications to them.
• “Privacy Policy” refers to the document outlining how Genetesis, Inc collects, uses, and protects Users’ personal information, available at [Privacy Policy URL].
• “Account” refers to the personal profile created by Users to access our Services, manage their Memberships, and schedule Wellness Consultations.
• “Content” refers to any information, text, graphics, videos, or other material available through our Services.
• “Third-Party Services” refers to any services provided by third parties that are linked or accessible through our Website or as part of our Services.

3. Eligibility

By accessing or using our Services, you represent and warrant that you meet the following eligibility criteria:

3.1 Age Requirement

You must be at least 18 years old to create an account, purchase a membership, or participate in

Wellness Consultations. By agreeing to these Terms, you confirm that you are of legal age to form a binding contract with Genetesis, Inc. If you are under 18 years old, you may not use our Services.

3.2 Legal Capacity

You affirm that you are fully able and competent to understand and agree to these Terms, including compliance with all laws, rules, and regulations applicable to your use of the Services. If you are accessing or using the Services on behalf of a company, organization, or legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3.3 Geographic Restrictions

The availability of our Services may vary based on your location. In some regions, certain features or Wellness Consultations may be subject to restrictions based on local laws and regulatory requirements. It is your responsibility to ensure that your use of the Services complies with the laws of your jurisdiction. If any part of the Services is restricted or prohibited in your location, you agree not to access or use the Services in violation of such laws.  Genetesis reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

3.4 Use of Services

You agree that you are using the Services for personal, non-commercial purposes. You may not access or use the Services for any illegal or unauthorized purpose. Genetesis, Inc reserves the right to restrict or terminate your access to the Services if we have reason to believe you are ineligible, have violated these Terms, or are engaged in fraudulent or harmful activities.

3.5 No Prohibited Persons

You represent and warrant that you are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. This includes restrictions such as export control laws and economic sanctions imposed by the U.S. or other governmental entities.

4. Account Registration

To access and use certain features of the Services provided by Genetesis, including booking Wellness Consultations and managing your CardioFlux® Membership, you must create an account.

4.1 Account Creation

To register an account, you must provide accurate and complete information, including your name, email address, and any other required details. By creating an account, you agree to:

• Provide truthful and accurate information during registration.
• Keep your account information up to date.
• Maintain the confidentiality of your account login credentials.
• Notify Genetesis immediately if you suspect any unauthorized access or use of your account.

Failure to provide accurate information or maintain the security of your account may result in the suspension or termination of your account.

4.2 Account Security

You are responsible for safeguarding your account information, including your password. You agree not to share your login credentials with any third party and understand that you are solely responsible for any activities or actions taken through your account. Genetesis will not be liable for any loss or damage arising from your failure to protect your account information.

4.3 Unauthorized Use

If you believe your account has been compromised, you must notify Genetesis immediately at help@cardioflux.com so that we can take appropriate action. Genetesis reserves the right to suspend or terminate accounts that have been compromised or are suspected of fraudulent activity.

4.4 Multiple Accounts

You are not permitted to create multiple accounts for fraudulent purposes or to circumvent restrictions. Genetesis reserves the right to terminate duplicate accounts or restrict access if we determine that you have violated this provision.

4.5 Account Termination

Genetesis reserves the right to suspend or terminate your account at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users or the Services. You may also terminate your account by contacting us at help@cardioflux.com, but doing so may result in the loss of access to certain features of the Services, including any active Memberships.

5. Description of Services

Genetesis offers a range of wellness services designed to enhance your understanding of cardiac and overall health. These Services include access to CardioFlux® technology, Membership options, wellness consultations, and other features outlined below. The use of our Services is subject to these Terms and is intended for educational and general wellness purposes only.

Consultants are not licensed dietitians or other healthcare professionals.  The information provided in the Services is information generally available and based on the information available at the time. The Consultants are not practicing medicine or undertaking the diagnosis, prevention, treatment, or cure of any medical conditions or illnesses. OUR SERVICES ARE INTENDED FOR GENERAL WELLNESS PURPOSES ONLY AND ARE NOT INTENDED TO DIAGNOSE, PREVENT, TREAT, OR CURE ANY MEDICAL CONDITION OR ILLNESS. OUR SERVICES SHOULD NOT BE CONSIDERED MEDICAL ADVICE AND ARE NOT INTENDED TO REPLACE THE ADVICE OF A HEALTHCARE PROFESSIONAL. PLEASE CONSULT WITH A HEALTHCARE PROFESSIONAL ABOUT ANY QUESTIONS OR CONCERNS YOU MAY HAVE ABOUT YOUR HEALTH.

5.1 CardioFlux® Technology

CardioFlux® is a non-invasive technology that measures and displays the magnetic signals produced by the electrical currents of the heart. CardioFlux® is a multifunction device that operates in two distinct capacities:

1. Regulatory-Cleared Function (FDA): In the United States, CardioFlux® has received 510(k) clearance from the FDA as a tool that non-invasively measures and displays the magnetic signals produced by the electrical currents of the heart. This function is intended to complement clinical assessments conducted by healthcare providers. CardioFlux® is not cleared or approved by the FDA to diagnose any specific medical conditions, including myocardial ischemia or other cardiovascular diseases. Any clinical use of CardioFlux® should be done in conjunction with other diagnostic tools under the guidance of a licensed healthcare provider.
2. Health and Wellness Function: CardioFlux® is also designed to provide users with general wellness insights related to cardiac function. This function is intended for educational and wellness purposes only. The wellness data provided by CardioFlux® should not be interpreted as medical advice or be used to diagnose, treat, prevent, or cure any medical condition or illness. Always seek the guidance of a licensed healthcare provider for any health concerns or medical conditions.

5.2 CardioFlux® Membership

Genetesis offers a Membership program that provides users with access to wellness services, including:

• A set number of CardioFlux® scans (depending on the Membership plan).
• Personalized wellness consultations.
• Ongoing insights into your cardiac health and fitness based on your lifestyle and CardioFlux® data.
• Recommendations for lifestyle improvements, such as diet, exercise, and stress management.

Membership benefits, including the number of scans and consultations, may vary depending on the plan selected. Specific Membership details are provided during the enrollment process.

5.3 Wellness Consultations

As part of the Membership, users may receive Wellness Consultations conducted by our trained Consultants. These Wellness Consultations are designed to offer general wellness guidance based on your lifestyle and data from your CardioFlux® scans. Wellness Consultations are not medical advice and are not intended to diagnose, treat, prevent, or cure any medical conditions or illnesses. Wellness consultations should be used in conjunction with advice from a licensed healthcare provider.

5.4 Educational and Informational Use Only

The Services provided by Genetesis, including CardioFlux® scans, Membership benefits, and wellness consultations, are intended for educational and general wellness purposes only. The information provided through the Services should not be interpreted as medical advice or be used as a substitute for consultation with a licensed healthcare professional. Always seek the guidance of your physician or other qualified healthcare provider with any questions or concerns you may have regarding a medical condition or treatment.

6. Non-Telehealth Disclaimer

Genetesis offers Wellness Consultations as part of its CardioFlux® Membership, designed to provide general guidance and recommendations related to lifestyle, fitness, and cardiac wellness. These consultations are not telehealth services and do not constitute medical advice, diagnosis, or treatment.

6.1 Purpose of Wellness Consultations

The Wellness Consultations provided by Genetesis are intended solely for educational and informational purposes. The guidance and insights offered during these consultations are based on your self-reported information, CardioFlux® data, and general wellness practices. Consultants provide recommendations to help you optimize your wellness goals but are not acting as healthcare providers in the context of these consultations.

6.2 No Medical Advice or Diagnosis

Wellness Consultations should not be used as a substitute for professional medical advice, diagnosis, or treatment from a licensed healthcare provider. If you have any specific medical conditions, concerns, or symptoms, you should seek the advice of a physician or other qualified healthcare provider. The wellness guidance provided by Genetesis does not replace or supplement medical care.

6.3 Not a Telehealth Service

Wellness Consultations are not telehealth services. Telehealth involves the delivery of healthcare services by a licensed healthcare professional via telecommunications technology. By contrast, Wellness Consultations offered by Genetesis focus on general lifestyle and wellness insights and are not intended to diagnose, prevent, treat, or cure any medical condition or illness. Any decisions you make based on the information provided in a Wellness Consultation are your own responsibility.

6.4 Your Responsibility

You acknowledge that any actions taken based on the information provided during a Wellness Consultation are your own responsibility. You agree not to interpret the information as medical advice and understand that the Wellness Consultation is not a substitute for professional healthcare services. Genetesis encourages all users to seek professional medical guidance as needed.

7. Subscriptions and Payments

Genetesis offers its CardioFlux® Membership on a subscription basis, which provides access to services such as CardioFlux® scans and Wellness Consultations. By purchasing a subscription, you agree to the terms outlined below regarding payments, renewals, cancellations, and refunds.

7.1 Subscription Plans

Genetesis offers different subscription plans that provide varying levels of access to services, including a set number of scans and Wellness Consultations per year. Details of each subscription plan, including pricing, frequency of scans, and other benefits, are provided at the time of sign-up.

By enrolling in a subscription plan, you acknowledge and agree to pay the corresponding fees for the plan you selected. All fees are charged in the currency specified at the time of purchase.

7.2 Payment Methods

Genetesis accepts credit cards, debit cards, Health Savings Accounts (HSAs), and other payment methods as indicated during the subscription process. By providing your payment information, you authorize Genetesis to charge the applicable subscription fees to your designated payment method.

You agree to provide accurate and complete billing information, including your name, billing address, and payment details. It is your responsibility to ensure that your payment information is kept up to date.

7.3 Automatic Renewals

Unless otherwise specified, all subscriptions to the CardioFlux® Membership are automatically renewed on an annual basis. At the end of each subscription term, your subscription will automatically renew for an additional period unless you cancel it before the renewal date. Genetesis will send you a reminder before the renewal date, and the payment method on file will be charged the applicable renewal fees.

You can manage or cancel your subscription by logging into your account and adjusting your subscription settings or by contacting Genetesis customer support.

7.4 Cancellation Policy

You may cancel your subscription at any time through your account settings or by contacting Genetesis. If you cancel during your current subscription term, you will retain access to your Membership benefits until the end of that term. No refunds will be provided for unused services, and cancellation will only take effect after the current term expires.

For subscriptions that automatically renew, cancellations must be made before the renewal date to avoid being charged for the next subscription period. Genetesis does not provide prorated refunds for any remaining portion of the subscription period upon cancellation.

7.5 Refund Policy

All subscription fees are non-refundable except as required by applicable law. Genetesis does not offer refunds for unused services or partial months of service. If you believe there has been an error in billing or payment, please contact our support team at help@cardioflux.com.

7.6 Billing Information and Errors

You are responsible for maintaining accurate billing and payment information. If a payment method fails or your account becomes delinquent, Genetesis reserves the right to suspend or terminate your access to the Services until the outstanding balance is paid in full.

In the event of a billing error, please contact us at help@cardioflux.com, and we will work to resolve the issue as quickly as possible. Genetesis reserves the right to correct any errors or mistakes in pricing or billing, even if payment has already been requested or received.

8. User Responsibilities

By using the Services provided by Genetesis, you agree to comply with the following responsibilities to ensure the proper and lawful use of our Services.

8.1 Accurate Information

You agree to provide truthful, accurate, and complete information when registering for an account, booking consultations, or submitting any personal details related to your CardioFlux® Membership. It is your responsibility to ensure that your account information, including contact and payment details, is kept up to date.

8.2 Use of Services

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are solely responsible for your use of the Services, including any actions taken or decisions made based on information provided by Genetesis. You agree not to misuse the Services or engage in any behavior that could harm Genetesis, other users, or third parties.

8.3 Prohibited Activities

When using the Services, you agree not to:

• Provide false, misleading, or inaccurate information.
• Use the Services for any illegal or unauthorized purpose, including but not limited to violating local, state, national, or international laws or regulations.
• Access or attempt to access any part of the Services through unauthorized means, such as hacking, password mining, or other illicit methods.
• Distribute, modify, transmit, reuse, or copy any portion of the Services or its content for commercial or non-commercial purposes, unless you have obtained express written permission from Genetesis.
• Engage in any activity that interferes with the proper functioning of the Services or disrupts other users’ access to the Services.

8.4 Appointment Scheduling

You agree to schedule and attend your CardioFlux® Scans and Score Consultations included in the Membership within the 12-month period. Unused benefits will not roll over into the following term.

8.5 Responsible Use of Consultations

You agree to participate in Wellness Consultations in good faith, using the insights and guidance provided only for general wellness purposes. You acknowledge that the Consultants are not acting as healthcare providers and that any actions you take based on the Wellness Consultation are your responsibility.

8.6 Compliance with Applicable Laws

You agree to comply with all applicable laws, rules, and regulations while using the Services. This includes but is not limited to compliance with any relevant data privacy, health information, or telecommunication laws in your region or jurisdiction.

8.7 Safeguarding Account Information

You are responsible for maintaining the confidentiality and security of your account credentials, including your username and password. You agree not to share your login details with any third party. If you suspect unauthorized use of your account, you must notify Genetesis immediately.

8.8 Reporting Misuse

If you become aware of any misuse of the Services or any breach of these Terms by another user, you agree to report such incidents to Genetesis at help@cardioflux.com. Genetesis reserves the right to investigate any suspected violation and take appropriate action, which may include suspending or terminating accounts.

9. Health and Safety Disclaimer

The Services provided by Genetesis, including CardioFlux® scans, Wellness Consultations, and related content, are designed to offer general wellness insights and lifestyle guidance. These Services are not intended to address, diagnose, treat, prevent or cure any medical conditions or illnesses. By using our Services, you agree to the following health and safety disclaimers.

9.1 No Medical Advice or Treatment

Genetesis’ Wellness Consultations, CardioFlux® scans, and any related materials are not medical services and do not constitute medical advice. The information provided through the Services should not be used as a substitute for professional medical advice. The Services are also not a substitute for diagnosis, treatment, prevention, or cure from a licensed healthcare provider. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or treatment.

9.2 Use of Services at Your Own Risk

You agree that your use of the Services is at your own risk. The Services are intended to provide general guidance for improving your wellness and should not be interpreted as medical recommendations. Genetesis assumes no responsibility for the accuracy of health or fitness information provided through the Services. Any actions or decisions you make based on the information provided are your responsibility.

9.3 Not a Substitute for Professional Care

The Wellness Consultations provided by Genetesis do not replace, supplement, or modify the treatment or recommendations provided by your physician or healthcare provider. You are encouraged to consult with your physician or healthcare provider before making any significant changes to your diet, exercise routine, or other lifestyle factors based on the information provided by Genetesis.

9.4 User Responsibility for Health

You acknowledge that your personal health and safety depend on your decisions and actions. You agree to:

• Consult your healthcare provider before starting or modifying any exercise, diet, or health program, especially if you have a pre-existing medical condition or are taking medications.
• Use the information provided by Genetesis for general wellness purposes only and not as medical advice.
• Follow any health and safety warnings and guidelines provided by your healthcare provider.

9.5 Emergency Situations

Genetesis does not provide emergency medical care. If you are experiencing a medical emergency or are in need of urgent care, you should contact emergency services or go to the nearest hospital immediately. The Services are not designed to handle urgent medical situations.

10. Intellectual Property Rights

The Services provided by Genetesis, including but not limited to the CardioFlux® technology, website, content, and associated materials, are protected by intellectual property laws. By using the Services, you agree to respect the intellectual property rights of Genetesis and any third parties.

10.1 Ownership of Content

All content made available through the Services, including but not limited to text, graphics, images, logos, videos, software, and other materials ("Content"), is the property of Genetesis or its licensors and is protected by copyright, trademark, and other intellectual property laws. You agree that you do not acquire any ownership rights by using the Services or accessing the Content.

10.2 License to Use the Services

Subject to these Terms, Genetesis grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes. This license does not include the right to:

• Reproduce, modify, distribute, or publicly display any part of the Services or Content without the express written consent of Genetesis.
• Use the Services for commercial purposes or for the benefit of any third party.
• Remove or alter any copyright, trademark, or other proprietary notices included in the Content.

Any unauthorized use of the Services or Content will result in the immediate termination of the license granted herein and may result in legal action.

10.3 Trademarks

All trademarks, service marks, and logos ("Marks") displayed on the Services are the property of Genetesis or its licensors. You are not granted any right or license to use any Marks without the prior written consent of Genetesis. Unauthorized use of any Marks is prohibited.

10.4 Third-Party Content

The Services may include links to or integrations with third-party websites, services, or content ("Third-Party Content"). Genetesis does not claim ownership of Third-Party Content and is not responsible for its accuracy or reliability. You acknowledge that your use of Third-Party Content is subject to the terms and conditions of the relevant third-party providers and is at your own risk.

10.5 User-Generated Content

If you submit any content, feedback, or suggestions to Genetesis, you grant Genetesis a worldwide, perpetual, irrevocable, royalty-free, and transferable license to use, reproduce, modify, distribute, display, and otherwise exploit such content for any purpose. You represent and warrant that any content you submit does not violate any third-party intellectual property rights and that you have the necessary rights to grant this license.

10.6 Prohibited Use

You agree not to:

• Copy, modify, create derivative works of, publicly display, or distribute any Content from the Services without express written permission from Genetesis.
• Decompile, reverse engineer, or attempt to extract the source code of any software provided as part of the Services.
• Use any data mining, scraping, or similar data gathering tools to collect information from the Services.

11. Data Privacy

Genetesis is committed to protecting your privacy and handling your personal data responsibly. The collection, use, and disclosure of your personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference and can be found at [Privacy Policy URL]. By using the Services, you agree to the practices described in our Privacy Policy.

11.1 Collection of Personal Information

When you use our Services, Genetesis may collect certain personal information from you, including but not limited to:

• Contact details such as name, email address, and phone number.
• Health-related information provided by you during Wellness Consultations or in connection with CardioFlux® scans.
• Payment information necessary to process your subscription or other purchases.
• Any other data you choose to submit through the Services.

11.2 Use of Personal Information

Genetesis uses the personal information you provide to deliver the Services, including but not limited to:

• Facilitating Wellness Consultations and CardioFlux® scans.
• Processing payments and managing your subscription.
• Providing personalized wellness insights based on your data.
• Communicating with you regarding your account, Membership, and Service updates.

Genetesis may also use anonymized or aggregated data for research, marketing, and product development purposes. This data does not include any personally identifiable information.

11.3 Sharing with Third-Party Service Providers

Genetesis may share your personal information with trusted third-party service providers who assist us in delivering the Services, such as payment processors, cloud hosting providers, and analytics partners. These third parties are contractually obligated to protect your information and use it only for the purposes specified by Genetesis.

Genetesis will not sell, rent, or share your personal information with third parties for their marketing purposes without your explicit consent.

11.4 Data Security

Genetesis takes reasonable precautions to protect your personal information from unauthorized access, loss, misuse, or alteration. We implement industry-standard security measures, including encryption, secure servers, and restricted access, to safeguard your data. However, no security system is foolproof, and Genetesis cannot guarantee the absolute security of your information.

11.5 Your Data Rights

Depending on your location, you may have certain rights regarding your personal information, such as:

• The right to access your personal data.
• The right to request corrections or updates to your information.
• The right to request deletion of your data.
• The right to opt out of certain uses of your data, such as marketing communications.

To exercise these rights or if you have any questions about how we handle your data, please contact us at help@cardioflux.com.

12. User-Generated Content

Genetesis may provide opportunities for users to submit feedback, comments, or other forms of content related to their experience with the Services. By submitting any such content, you agree to the following terms regarding the use and ownership of the content.

12.1 Submission of Content

When you submit content to Genetesis, including but not limited to feedback, comments, reviews, testimonials, survey responses, social media interactions, and any other content you submit in connection with your use of Genetesis’ Services ("User-Generated Content"), you represent and warrant that:

• You are the sole owner or have the necessary rights and permissions to submit the content.
• The content does not violate any third-party intellectual property or privacy rights.
• The content is not false, misleading, defamatory, or otherwise harmful.
• The content does not contain any unlawful material, including threats, harassment, or hate speech.

12.2 License to Genetesis

By submitting User-Generated Content, you grant Genetesis a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, modify, distribute, display, and otherwise exploit the content for any purpose, including but not limited to improving our Services, marketing, and product development.

You acknowledge that Genetesis may use or publish any feedback or suggestions you provide without compensation to you.

12.3 Content Moderation

Genetesis reserves the right to monitor, edit, or remove any User-Generated Content at its discretion, without notice. We are under no obligation to use or retain any content submitted by users and may remove content that violates these Terms or any applicable laws.

12.4 Responsibility for Content

You are solely responsible for the User-Generated Content that you submit. Genetesis is not responsible for the accuracy, reliability, or legality of any User-Generated Content, nor do we endorse any opinions expressed in user submissions.

12.5 No Compensation

You acknowledge and agree that you will not receive any compensation for any User-Generated Content submitted, regardless of how Genetesis uses the content.

12.6 Prohibited Content

You agree not to submit content that:

• Violates any intellectual property, privacy, or other legal rights of any individual or entity.
• Contains offensive, discriminatory, or unlawful material, including hate speech or harassment.
• Misrepresents your affiliation with a person or entity.
• Contains malicious code or is intended to disrupt the functioning of the Services.

If you submit prohibited content, Genetesis reserves the right to remove the content, suspend or terminate your account, and take legal action as necessary.

13. Disclaimers and Limitation of Liability

• The Services provided by Genetesis, including CardioFlux® scans, Wellness Consultations, and any related content or materials, are offered on an "as-is" and "as-available" basis. We make no warranties whatsoever with respect to the Services.  all warranties with respect to the services, express and implied, are expressly disclaimed.  You agree that your use of the Services is at your own risk.  Genetesis does not warrant that the Services will be uninterrupted, secure, or error-free, or free from harmful components such as viruses or malware.

By using our Services, you acknowledge and agree to the following disclaimers and limitations on liability.

13.1 General Disclaimers

• No Medical Advice: The Services offered by Genetesis, including Wellness Consultations and CardioFlux® scans, are for general wellness and educational purposes only. They are not intended to provide medical advice nor are they intended to diagnose, treat, prevent, or cure medical conditions or illnesses. Always consult with a licensed healthcare provider for any medical concerns. Genetesis expressly disclaims any responsibility for actions taken based on the information provided through the Services.
• Wellness Consultations: Genetesis Wellness Consultations are not telehealth services and are not provided by licensed healthcare professionals acting in a clinical capacity. They are intended to provide general wellness guidance and should not be interpreted as a substitute for medical care.
• Accuracy of Information: While Genetesis makes reasonable efforts to ensure that the information provided through the Services is accurate and up to date, we do not guarantee the accuracy, completeness, or reliability of any information or content. Users are responsible for verifying the information provided before making any decisions based on it.

13.2 Limitation of Liability

To the fullest extent permitted by applicable law, Genetesis and its officers, directors, employees, agents, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or use;
• Personal injury or emotional distress;
• Damages resulting from delays, interruptions in service, or the inability to access the Services;
• Any other damages arising from the use of or reliance on the Services, even if Genetesis has been advised of the possibility of such damages.

This limitation of liability applies regardless of the legal theory on which any claim is based, including contract, tort, negligence, strict liability, or any other theory of liability.

13.3 Maximum Liability

In no event shall Genetesis’ total liability to you for any claims arising out of or relating to your use of the Services exceed the amount you have paid to Genetesis in connection with your use of the Services in the 12 months preceding the claim.

13.4 No Warranty

• Genetesis makes no representations or warranties of any kind, express or implied, regarding the Services, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. 1

13.5 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. In such cases, the limitations and exclusions in this section may not apply to you, and you may have additional rights under applicable law. However, in all cases, Genetesis’ liability is limited to the greatest extent permitted by law.

14. Termination of Services

Genetesis reserves the right to suspend or terminate your access to the Services, including your CardioFlux® Membership, at its sole discretion. By using the Services, you agree to the following terms regarding the termination of your account or access to the Services.

14.1 Termination by User

You may terminate your account or cancel your CardioFlux® Membership at any time by contacting Genetesis at help@cardioflux.com or by managing your account settings. Upon termination, you will retain access to the Services and your Membership benefits until the end of your current subscription period, after which your account will be deactivated. Termination of your account does not entitle you to a refund for any unused portion of your Membership, unless otherwise required by applicable law.

14.2 Termination by Genetesis

Genetesis reserves the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to:

• Violations of these Terms.
• Fraudulent or illegal activity.
• Misuse of the Services or submission of false information.
• Failure to pay applicable fees or maintain accurate billing information.

In the event that your account is terminated by Genetesis, you will lose access to all Membership benefits and Services immediately. Genetesis may also take legal action if necessary to address any violations.

14.3 Effect of Termination

Upon termination of your account, regardless of the cause, the following provisions will continue to apply:

• Your obligation to pay any outstanding fees due to Genetesis.
• The limitations on liability and disclaimers set forth in these Terms.
• Genetesis’ rights to use any feedback or User-Generated Content you have submitted before termination.

Termination of Services does not absolve you of any responsibility to comply with legal obligations or pay any fees incurred before termination.

14.4 Suspension of Services

Genetesis may, at its discretion, temporarily suspend access to the Services for maintenance, security reasons, or any other purpose that it deems necessary. In the event of a suspension, Genetesis will make reasonable efforts to notify users of the expected duration of the suspension.

14.5 Survival

Any provisions of these Terms that, by their nature, should survive termination (such as disclaimers, indemnities, and limitations of liability) shall remain in effect even after your access to the Services is terminated.

15. Dispute Resolution

Any disputes or claims arising out of or relating to your use of the Services provided by Genetesis, including CardioFlux® scans, Wellness Consultations, and your Membership, will be resolved according to the procedures outlined below.

15.1 Informal Resolution

Before initiating any formal legal action, you agree to attempt to resolve any dispute or claim with Genetesis through informal negotiations. To begin the dispute resolution process, you must send written notice of the dispute to help@cardioflux.com, providing a detailed description of the issue. Genetesis will make reasonable efforts to resolve the dispute through good-faith negotiations within 30 days of receiving the notice.

15.2 Arbitration Agreement

If the dispute cannot be resolved through informal negotiations, you and Genetesis agree to resolve the dispute through binding arbitration, rather than in court jury trial or class action, except for matters that may be taken to small claims court. Arbitration will be conducted under the rules of the American Arbitration Association (AAA) in Cincinnati, Ohio unless otherwise agreed upon by both parties in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Section 15.   The arbitration will be governed by the Federal Arbitration Act.  If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

• Waiver of Jury Trial: By agreeing to arbitration, you and Genetesis waive any right to a jury trial.
• Waiver of Class Actions: All claims and disputes must be brought on an individual basis, and you agree not to participate in or initiate a class action lawsuit or class-wide arbitration against Genetesis.

15.3 Exceptions to Arbitration

The following disputes are not subject to the arbitration provisions outlined in this section:

• Disputes that can be resolved in small claims court.
• Claims related to intellectual property rights, including but not limited to copyrights, trademarks, patents, or trade secrets.

15.4 Arbitration Procedure

The arbitrator will have exclusive authority to resolve any dispute relating to the arbitration or the enforceability of this arbitration provision.  Arbitration shall be conducted confidentially by a single arbitrator appointed under the AAA rules. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction. Each party will bear its own costs of arbitration unless the arbitrator finds that the claim is frivolous or brought in bad faith, in which case the party initiating the claim may be responsible for the other party’s legal fees.

15.5 Governing Law

The Dispute Resolution process, including arbitration, will be governed by and construed in accordance with the laws of the state of Ohio, without regard to its conflict of law principles.

15.6 Opt-Out Provision

You may opt out of this arbitration agreement by sending written notice to Genetesis, Inc. ATTN: CardioFlux Arbitration Opt-out, 5412 Courseview Drive, Suite 150, Mason, OH 45040 within 30 days of accepting these Terms. You must include your name, residence address, email address, and phone number associated with your CardioFlux account, along with a clear statement that you wish to opt out of this arbitration agreement. If you opt out, disputes will be resolved in the appropriate court of law rather than through arbitration. Opting out of arbitration does not affect any other provisions of these Terms.

16. Governing Law

These Terms and any disputes arising out of or related to your use of the Services, including but not limited to CardioFlux® scans, Wellness Consultations, and your Membership, shall be governed by and construed in accordance with the laws of the state of Ohio, without regard to its conflict of law principles.

By using the Services, you agree that any legal action or proceeding related to these Terms shall be brought exclusively in the state or federal courts located in Cincinnati, Ohio. You hereby consent to the jurisdiction and venue of such courts.

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

17. International Use

While Genetesis’ Services, including CardioFlux® scans and Wellness Consultations, are primarily offered within the United States, users from other jurisdictions may access the Services. By using the Services, you agree to the following terms regarding international use:

17.1 Compliance with Local Laws

If you access or use the Services from outside the United States, you are responsible for ensuring that your use complies with local laws and regulations. Genetesis makes no representation that the Services are appropriate or available for use in any particular location. You are solely responsible for any consequences that result from accessing the Services in a jurisdiction where it is restricted or prohibited by law.

17.2 Data Privacy and Protection

Users from outside the United States should be aware that their personal information will be processed and stored in the United States, where data protection laws may differ from those in your jurisdiction. By using the Services, you consent to the transfer, storage, and processing of your personal information in the United States. For more details, please refer to our Privacy Policy at [Privacy Policy URL].

17.3 Restrictions on Use

Certain features or services provided by Genetesis may not be available to users in all locations due to regulatory or legal constraints. Genetesis reserves the right to restrict access to the Services or specific features in certain regions as necessary to comply with local laws and regulations.

18. Third-Party Links and Services

The Services provided by Genetesis may include links to third-party websites, applications, or services that are not owned or controlled by Genetesis. By using our Services, you acknowledge and agree to the following terms regarding third-party links and services.

18.1 No Endorsement of Third-Party Content

Genetesis may provide links to third-party websites or services for your convenience. However, the inclusion of any link does not imply endorsement, approval, or control by Genetesis. We do not assume any responsibility for the content, practices, or policies of these third-party websites or services. Your use of any third-party services is at your own risk, and we encourage you to review the terms and conditions and privacy policies of any third-party sites you visit.

18.2 Third-Party Products and Services

From time to time, Genetesis may offer access to products or services provided by third parties through integrations or partnerships. These third-party products or services are provided “as is” without any warranties or representations from Genetesis. Any transactions, purchases, or interactions you make with third-party providers are strictly between you and the third party, and Genetesis shall not be held liable for any issues arising from such transactions or interactions.

18.3 Limitation of Liability

Genetesis is not responsible for any third-party services, products, or content, and we expressly disclaim all liability for any damages or losses that may result from your use of, or reliance on, such third-party links, services, or content. This includes, but is not limited to, any warranties or representations about the accuracy, quality, reliability, or safety of third-party content or services.

18.4 Third-Party Payment Processors

If you use a third-party payment processor to complete a transaction through the Services (e.g., Stripe or PayPal), the processing of your payment will be governed by the terms and conditions of the payment processor. Genetesis is not responsible for any errors or issues that may arise during payment processing, and you agree to address such matters directly with the payment processor.

19. Changes to the Terms

Genetesis reserves the right to modify or update these Terms at any time. By continuing to use the Services after any such changes, you agree to be bound by the modified Terms. You acknowledge and agree to the following provisions regarding changes to these Terms.

19.1 Notification of Changes

When we make material changes to these Terms, we will provide notice to you by email, through the Services, or by posting the updated Terms on our website. It is your responsibility to review any updates to the Terms when notified.

19.2 Acceptance of Updated Terms

Your continued use of the Services after any changes to the Terms have been posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services immediately.

19.3 Effective Date of Changes

All modifications to these Terms will take effect on the date specified in the notice or the updated Terms. Any changes will not apply retroactively to claims or disputes that arose before the effective date of the updated Terms.

20. Force Majeure

Genetesis shall not be held liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control (called a Force Majeure event), including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, pandemics, supply chain disruptions, or any other event that is unforeseeable and outside of Genetesis’ control.

20.1 Scope of Force Majeure

In the event that Genetesis is unable to provide the Services due to a Force Majeure event, we will make reasonable efforts to notify users and resume Services as soon as reasonably possible. However, Genetesis shall not be liable for any failure to deliver Services during the period of disruption caused by the Force Majeure event.

20.2 No Refunds for Force Majeure Events

Unless otherwise required by applicable law, Genetesis will not be responsible for issuing refunds or compensating users for the disruption of Services due to Force Majeure events.

21. Miscellaneous

This section covers additional provisions that apply to the interpretation and enforcement of these Terms. By using the Services, you agree to the following miscellaneous terms:

21.1 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

21.2 Entire Agreement

These Terms, along with the Privacy Policy and any other agreements or notices provided by Genetesis, constitute the entire agreement between you and Genetesis regarding your use of the Services. These Terms supersede any prior or contemporaneous agreements, communications, or proposals, whether written or oral, related to the subject matter of these Terms.

21.3 Waiver

The failure of Genetesis to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by a duly authorized representative of Genetesis.

21.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Genetesis. Genetesis may freely assign or transfer its rights and obligations under these Terms without restriction.

21.5 Headings

The section headings used in these Terms are for convenience only and have no legal or contractual effect.

22. Contact Information

If you have any questions or concerns regarding these Terms or your use of the Services, please contact us using the following information:

Genetesis, Inc.
5412 Courseview Drive, Suite 150
Mason, OH 45040
Email: help@cardioflux.com

We encourage you to reach out to us with any inquiries or support needs related to your account, Membership, or any other aspect of our Services.