End-User Terms of Service

Last Updated: Feb. 6 2025

1. Eligibility and Acceptance of Terms

1.1 Eligibility
By using Kyma Health (“Kyma,” “we,” “us,” or “our”) services (the “Services”), you represent and warrant that you are at least 18 years of age or of legal age in your jurisdiction. You have the right, authority, and capacity to enter into these Terms of Service (“Terms”).

1.2 Acceptance of Terms
Your access to and use of the Services is conditioned upon your acceptance of these Terms. If you do not accept these Terms in their entirety, do not use our Services.

1.3 Updates to Terms
We reserve the right to update or revise these Terms at any time, in our sole discretion. Any changes will be effective upon posting the revised Terms to our website or otherwise notifying you. Your continued use of our Services constitutes acceptance of any such changes.

2. Our Services

2.1 Nature of Services
• Logistics for Blood and Urine Tests: We coordinate with third-party laboratories or healthcare professionals (“Partner Labs”) to schedule and facilitate blood and urine tests.
• Online Platform: We provide the kymahealth.ai platform to present and analyse test data received from Partner Labs. All information is for informational purposes only and does not constitute medical advice.

2.2 No Medical Advice
• No Doctor-Patient Relationship: Kyma is not a medical provider. Use of our Services does not establish a doctor-patient relationship.
• Not a Substitute for Professional Healthcare: You must consult with a qualified healthcare professional for diagnosis, treatment, or medical advice.
• Sole Responsibility: You accept full responsibility for how you use or interpret any information provided by Kyma.

2.3 Geographic Reach
Our Services are primarily intended for users in the United Kingdom. If you access or use the Services from outside the UK, you are responsible for compliance with the laws of your jurisdiction.

3. User Obligations

3.1 Accurate Information
You agree to provide accurate, up-to-date, and complete information when using our Services, and to keep your account information current.

3.2 User Account Security
• You are responsible for maintaining the confidentiality of your account credentials and all activities under your account.
• Notify Kyma immediately of any unauthorized use of your account.

3.3 Compliance with Laws
You agree to comply with all applicable laws, regulations, and rules in relation to your use of the Services.

3.4 Responsible Use
You agree not to:
• Violate these Terms or any law/regulation;
• Impersonate any person or entity;
• Upload or transmit material that is defamatory, obscene, or otherwise objectionable;
• Interfere with or disrupt the Services or servers/networks connected to the Services.

4. Testing and Logistics

4.1 Partner Laboratories
Kyma may partner with third-party labs for sample collection and testing. These labs operate independently of Kyma, and we make no guarantees about their turnaround times or specific outcomes.

4.2 Sample Collection
You may be required to provide blood, urine, or other biological samples according to Partner Lab instructions. Failure to follow instructions may result in inaccurate or invalid test results.

4.3 Test Results
Once available, your test results will be accessible through our online platform or another communication method. We are not liable for any delays in delivering test results.

4.4 Additional Testing or Consultation
You may choose to seek additional medical advice or testing based on the information you receive from Kyma. We bear no responsibility for any treatment decisions you make.

5. Online Platform (kymahealth.ai)

5.1 Platform Access
We grant you a revocable, non-exclusive, non-transferable, limited license to access and use the platform for personal, non-commercial use. We reserve the right to modify or discontinue the platform at any time.

5.2 Health Data and Analysis
Any data analytics or insights provided on the platform are for informational purposes only and do not replace professional medical advice.

5.3 User-Generated Content
If you submit any content (e.g., feedback, comments) on the platform, you grant Kyma a non-exclusive, worldwide, royalty-free license to use such content in connection with the Services.

5.4 Intellectual Property Rights
All intellectual property rights in the platform belong to Kyma or its licensors. You may not copy, reproduce, distribute, or create derivative works without prior written consent from Kyma.

6. Payments and Fees

6.1 Fees
Certain tests or premium features may require payment of fees. These fees will be disclosed to you before purchase.

6.2 Payment Methods
We use third-party payment processors to handle transactions. You warrant that the payment information you provide is accurate and that you are authorized to use it.

6.3 Refunds and Cancellations
Refund policies may vary based on Partner Lab policies or other factors. If a refund is offered, it will not include costs already incurred (e.g., lab fees) unless required by law.

7. Privacy and Data Protection

Kyma complies with the UK GDPR and other applicable data protection laws. For more details on how we collect, use, and safeguard your personal data, please refer to our separate Privacy Policy.

8. Disclaimers and Limitations of Liability

8.1 No Warranty
The Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied.

8.2 Medical Disclaimer
• Not a Healthcare Provider: Kyma is not a licensed medical provider and does not offer medical advice.
• Informational Purposes Only: Health-related information is provided for general informational purposes and is not a substitute for professional medical advice.

8.3 Limitation of Liability
To the fullest extent permitted by law, Kyma shall not be liable for any indirect, incidental, consequential, or punitive damages. In no event will Kyma’s total liability to you exceed the amount you paid in the past six (6) months or £100, whichever is greater.

8.4 Exceptions
Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or other liability which cannot be limited or excluded under applicable law.

9. Indemnification

You agree to indemnify and hold harmless Kyma from and against all claims, damages, or expenses arising from your use or misuse of the Services, your breach of these Terms, or your violation of any third-party rights.

10. Termination

10.1 Termination by Kyma
We may suspend or terminate your access to the Services at any time, with or without notice, for any violation of these Terms or any harmful activity.

10.2 Termination by You
You may terminate your account at any time by contacting us or following any account deletion process we provide.

10.3 Effects of Termination
Upon termination, your rights under these Terms cease. Certain provisions, such as disclaimers, indemnities, and limitations of liability, will survive termination.

11. Third-Party Links and Resources

The Services may contain links to external websites or resources that are not operated by Kyma. We are not responsible for the content or practices of these third parties.

12. Force Majeure

Kyma is not liable for delays or failures to perform due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemics, or natural disasters.

13. Governing Law and Jurisdiction

These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising under these Terms.

14. General Provisions

14.1 Entire Agreement
These Terms, along with our Privacy Policy and any other legal notices, constitute the entire agreement between you and Kyma.

14.2 Severability
If any provision is deemed invalid or unenforceable, the remaining provisions shall remain in effect.

14.3 Waiver
Any failure by Kyma to enforce any part of these Terms is not a waiver of our right to enforce that or any other provision.

14.4 Assignment
You may not assign your rights under these Terms without our prior written consent. We may freely assign our rights and obligations at our discretion.

14.5 Headings
Section headings are for convenience only and have no legal effect.

15. Contact Us

If you have any questions or concerns regarding these Terms or the Services, please contact us at:

Kyma Health
Solar House, 282 Chase Road,
London, N14 6NZ, United Kingdom
+44 7493 705485