Terms of Service
Last Updated: December 8, 2024
Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and FirstVitals dba ProteusDx™ ("ProteusDx™," "we," "us," or "our") governing your access to and use of our website, mobile applications, and diagnostic services (collectively, the "Services").
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.
Important: These Terms contain provisions that limit our liability and require arbitration of disputes. Please review them carefully.
Eligibility and Account Registration
Age Requirements
You must be at least 18 years of age to use our Services independently. Minors may use our Services only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.
Account Responsibilities
When you create an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security and confidentiality of your login credentials
- Notify us immediately of any unauthorized access or security breach
- Accept responsibility for all activities that occur under your account
Healthcare Provider Accounts
Healthcare providers must maintain valid professional licenses and credentials. We reserve the right to verify credentials and suspend or terminate accounts that do not meet our professional standards.
Description of Services
ProteusDx™ provides FDA-cleared capsule endoscopy diagnostic services for gastrointestinal health monitoring. Our Services include:
Diagnostic Testing
Capsule endoscopy procedures with AI-powered analysis and clinical interpretation by licensed healthcare professionals.
Patient Portal
Secure access to test results, health assessments, appointment scheduling, and communication with healthcare providers.
Provider Portal
Clinical decision support tools, patient management features, and access to diagnostic reports for ordering physicians.
Telehealth Consultations
Virtual consultations with nurse practitioners for test interpretation and care recommendations.
Medical Disclaimer and Limitations
Not a Substitute for Professional Medical Advice
Our Services are intended to support, not replace, the relationship between you and your healthcare providers. Information provided through our Services should not be considered a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions regarding a medical condition.
Emergency Situations
Our Services are not intended for emergency medical situations. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately. Do not rely on our Services for urgent medical needs.
Diagnostic Limitations
While our capsule endoscopy technology is FDA-cleared and highly accurate, no diagnostic test is 100% accurate. False positives and false negatives may occur. Clinical correlation and additional testing may be necessary for definitive diagnosis.
Physician-Patient Relationship
Use of our Services does not create a physician-patient relationship between you and ProteusDx™. Your ordering physician maintains primary responsibility for your care and treatment decisions.
Peptide Program Disclosure
No Medical Advice
ProteusDx™ provides health information, testing services, and analytical insights for educational and informational purposes only. ProteusDx™ does not provide medical advice, diagnosis, or treatment. All medical decisions, including the use of compounded formulations, are made solely by licensed healthcare professionals in the context of a patient-provider relationship.
Compounding Pharmacy Disclosure
Any compounded formulations referenced on the ProteusDx™ platform are prepared and dispensed by independent, state-licensed compounding pharmacies pursuant to valid prescriptions issued by licensed healthcare providers.
ProteusDx™ does not manufacture, compound, distribute, or dispense medications.
Intended Use & Regulatory Status
Compounded peptide formulations referenced through the ProteusDx™ platform have not been reviewed or approved by the U.S. Food and Drug Administration. These formulations are not intended to diagnose, treat, cure, or prevent any disease.
Strain Level ID Microbiome™ Test Relationship
Strain Level ID Microbiome™ test results are intended to identify microbiome patterns and gut health trends. Test results do not determine medical treatment and should not be interpreted as diagnostic or prescriptive. Any therapeutic decisions are made independently by licensed healthcare providers.
No Guarantee of Outcomes
Individual responses to gut health support programs vary. ProteusDx™ makes no representations or guarantees regarding outcomes, symptom changes, or health improvements.
GLP-1 Specific Disclaimer
ProteusDx™ gut health support protocols are not intended to enhance, modify, or replace weight-management therapies, including GLP-1 receptor agonists. Individuals using prescription medications should consult their healthcare provider before initiating any new health support program.
Emergency & Escalation
ProteusDx™ services are not intended for use in medical emergencies. Individuals experiencing severe, persistent, or worsening symptoms should seek immediate medical attention.
Prohibited Uses
You agree not to use our Services for any unlawful purpose or in any way that could harm ProteusDx™, our users, or third parties. Prohibited activities include:
Unauthorized Access
Attempting to access accounts, systems, or data without authorization.
Data Misuse
Copying, distributing, or misusing protected health information.
System Interference
Introducing malware, viruses, or disrupting service operations.
False Information
Providing fraudulent, misleading, or inaccurate information.
Reverse Engineering
Attempting to decompile, reverse engineer, or extract source code.
Commercial Exploitation
Using our Services for unauthorized commercial purposes or resale.
Intellectual Property Rights
Our Proprietary Rights
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, software, algorithms, and AI models, are owned by ProteusDx™ or our licensors and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.
Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial use in accordance with these Terms. This license does not include any right to download, copy, modify, distribute, or create derivative works.
Your Content
You retain ownership of any content you submit through our Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your content solely for the purpose of providing our Services and as described in our Privacy Policy.
Trademarks
"ProteusDx™," "FirstVitals," and related logos are trademarks of FirstVitals. You may not use these trademarks without our prior written permission.
Payment Terms and Billing
Fees and Charges
You agree to pay all fees and charges associated with your use of our Services. Prices are subject to change with notice. We accept payment through credit cards, debit cards, and insurance billing where applicable.
Insurance and Reimbursement
We will submit claims to your insurance provider when applicable. You are responsible for any amounts not covered by insurance, including deductibles, co-payments, and non-covered services. We do not guarantee insurance reimbursement.
Refund Policy
Refunds for diagnostic services are provided only in cases where services cannot be performed due to medical contraindications or equipment failure. Consultation fees and completed services are non-refundable.
Late Payments
Overdue balances may be subject to late fees and collection activities. We reserve the right to suspend or terminate access to Services for non-payment.
Peptide Use Disclaimer
Wellness Support Only
Peptides offered through ProteusDx™ are provided for wellness and educational purposes only. They are not FDA-approved drugs and are not intended to diagnose, treat, cure, or prevent any disease. Peptide recommendations are based on microbiome pattern analysis and functional health insights.
No Medical Advice
Content provided regarding peptides does not constitute medical advice. ProteusDx™ does not replace consultation with a licensed healthcare professional. All peptide use should be discussed with and supervised by a qualified healthcare provider.
Individual Results May Vary
Responses to peptides vary between individuals based on genetics, health status, lifestyle factors, and other variables. No specific outcomes are guaranteed. Results from microbiome testing and peptide recommendations are intended for informational and supportive purposes only.
Eligibility and Jurisdiction
Peptide offerings may require eligibility verification depending on jurisdiction and fulfillment method. Availability may vary by state and country. We reserve the right to refuse or cancel peptide orders based on regulatory requirements or eligibility criteria.
Assumption of Risk
By purchasing or using peptide products through ProteusDx™, you acknowledge and accept responsibility for their use and agree to consult a qualified healthcare provider as appropriate. You assume all risks associated with peptide use, including potential side effects, interactions, and contraindications.
Not for Weight Loss or Metabolic Treatment
ProteusDx™ does not provide medications for weight loss, appetite modification, or metabolic treatment. Peptides such as GLP-2 and BPC-157 are offered solely for digestive wellness and gut health optimization support, not for metabolic or weight management purposes.
Limitation of Liability and Disclaimers
AS-IS Basis
OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROTEUSDX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
Maximum Liability
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO PROTEUSDX IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Indemnification
You agree to indemnify, defend, and hold harmless ProteusDx™, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use or misuse of our Services
- Your violation of these Terms or applicable laws
- Your violation of any rights of third parties
- Any content you submit or transmit through our Services
- Your negligent or willful misconduct
Dispute Resolution and Arbitration
Informal Resolution
Before filing a formal dispute, you agree to contact us at [email protected] to attempt to resolve the issue informally. We will work in good faith to resolve disputes within 60 days.
Binding Arbitration
If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. Arbitration shall take place in Contra Costa County, California.
You agree to waive your right to a jury trial and to participate in class action lawsuits or class-wide arbitration.
Exceptions
Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to systems or data.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
To the extent arbitration does not apply, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Contra Costa County, California.
Termination
Termination by You
You may terminate your account at any time by contacting customer support. Termination does not relieve you of payment obligations for services already rendered.
Termination by Us
We may suspend or terminate your access to our Services immediately, without prior notice, for any reason, including but not limited to breach of these Terms, fraudulent activity, non-payment, or conduct that harms ProteusDx™ or other users.
Effect of Termination
Upon termination, your right to use our Services will immediately cease. We will retain your health information as required by law and our retention policies. Provisions that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, indemnification, and limitations of liability.
Changes to Terms of Service
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- Posting the updated Terms on our website with a new "Last Updated" date
- Sending email notifications for significant changes
- Requiring acceptance of new Terms before continued use
Your continued use of our Services after changes are posted constitutes acceptance of the updated Terms. If you do not agree to the changes, you must discontinue use of our Services.
Miscellaneous Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and ProteusDx™ regarding our Services.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
Contact Information
If you have questions about these Terms of Service, please contact us:
Legal Department
FirstVitals dba ProteusDx™
2605 Camino Tassajara #2500
Danville, CA 94526
Email: [email protected]
Phone: 925-299-8000