Terms of Service

Please read this first

These Terms of Service (“Terms”) are a binding contract between you and Omi Health Inc., a Delaware corporation (“Omi”, “we”, “us”). They govern omihealth.com, the Omi app, our waitlist, and every membership, test, and service we provide (together, the “Service”).

By joining our waitlist, creating an account, buying a membership, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

SECTION 24 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION WAIVER. YOU AND OMI AGREE THAT DISPUTES WILL BE RESOLVED BY INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND THAT NEITHER OF US MAY BRING OR PARTICIPATE IN A CLASS ACTION. THIS AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL. YOU MAY OPT OUT WITHIN 30 DAYS — SECTION 24.9 EXPLAINS HOW, AND OPTING OUT WILL NOT AFFECT YOUR MEMBERSHIP IN ANY WAY.

1. What Omi is, and what Omi is not

Omi is a canine wellness and longevity platform. We arrange laboratory testing of your dog’s saliva and blood, we present the results, and our app generates wellness guidance — diet, supplement, activity, monitoring, and questions worth raising with your veterinarian — based on those results and the information you give us.

Omi does not practise veterinary medicine, and does not offer veterinary advice. Specifically:

• We do not diagnose disease, rule out disease, or tell you your dog is healthy.
• We do not prescribe, dispense, or recommend prescription medication.
• We do not provide treatment plans or emergency care.
• We do not replace physical examination, professional judgement, or an ongoing relationship with your dog’s veterinarian.
• Our test results are not diagnostic tests and are not cleared or approved by any regulatory authority as diagnostic tests.

No veterinarian-client-patient relationship is created by using our website, our app, our AI features, or by reading a report — with the narrow exception described in Section 5.

Always consult your veterinarian before acting on anything you see in the Service, including any change to your dog’s diet, supplements, exercise, or medication.

In an emergency, do not use Omi. If your dog is in distress, collapsed, bleeding, struggling to breathe, seizing, unable to urinate, has eaten something toxic, or you are simply worried something is badly wrong — contact your veterinarian or the nearest emergency animal hospital immediately. Never delay or disregard veterinary advice because of something you read in the Service.

2. Eligibility

You must be at least 18 years old, live in the United States, and have the legal capacity to enter a contract. The Service is offered only in the US, and testing is available only where our laboratory and veterinary partners operate — we will tell you at checkout if we cannot serve your address.

You may use the Service only for dogs you own or are legally authorized to make decisions for. Omi is for companion dogs. It is not for livestock, for animals in a breeding programme’s commercial screening, or for any commercial purpose (see Section 14).

3. Your account

Keep your account details accurate and current — we schedule visits, ship kits, and deliver results using them. You are responsible for what happens under your account, and for keeping your sign-in secure. We use passwordless magic links and passwords; do not share either. Tell us promptly at hello@omihealth.com if you suspect unauthorized access.

One account per person. You may add more than one dog to your account, but each dog needs its own membership for its own testing.

4. Waitlist and Founding Memberships

The waitlist costs nothing and commits neither of us. Joining does not guarantee access, a place in any particular order, a particular price, or availability in your area. Our referral program may move you up the list or unlock Founding Member status on the terms we publish at the time; we may change or end the program prospectively, and we may disqualify referrals that are fraudulent, automated, self-referrals, or obtained by spamming. Our decision on referral eligibility is final.

Founding Memberships are invitation-only and limited in number, because each one is matched to physical kit inventory. An invitation is personal to you, is not transferable, and expires if not redeemed by the date stated in it. Any additional benefits we promise Founding Members will be described in the invitation and form part of these Terms for those members.

5. Who performs your dog’s testing

Cellular aging test (a saliva swab, analysed epigenetically). Where we tell you the swab is taken at your blood draw, our staff collect it at that appointment and return it to the laboratory for you, and nothing is shipped to you. Where we instead send you a kit, you take the swab yourself at home and post it back in the prepaid packaging, and you must follow the instructions exactly: collection technique, timing relative to food, and prompt return all affect whether the sample can be processed. If a sample cannot be processed for a reason within our control, we will replace it free of charge. If a sample you collected fails because it was collected or returned incorrectly, we will replace it once free of charge, and may charge for further replacements.

Blood (biomarker) test — we collect it. Every blood draw is performed by an Omi veterinarian or veterinary technician, either at your home (mobile) or at one of our partner facilities. That means:

• The service they provide is sample collection. It is not a wellness examination, a diagnostic work-up, or ongoing care, and it does not make Omi your dog’s veterinary practice. Where an in-person visit creates a veterinarian-client-patient relationship as a matter of state law, that relationship is limited in scope to the collection service performed at that visit.
• We operate only where our professionals are licensed to do so, and each of them practises within the scope of their own licence and professional judgement.
• Our professional may decline or stop a draw — because your dog is too stressed, fractious, unwell, or unsafe to handle, because the environment is unsafe, or because in their professional judgement collection should not proceed. If that happens we will reschedule, or refund that cycle if we cannot collect at all.

Your responsibilities for a visit. You must be present and be an adult; provide a safe, clean, adequately lit space; disclose in advance any history of biting, aggression, fear-reactivity, or a medical condition affecting handling; secure other animals; and restrain or muzzle your dog if asked. You are responsible for your dog’s behaviour, and you agree to indemnify us under Section 23 for injury or property damage your dog causes during a visit.

Risks of a blood draw. Even when performed correctly, venipuncture carries a small risk of bruising, haematoma, temporary discomfort, infection at the site, transient faintness, or stress. Rarely, an animal reacts badly to handling or restraint. You accept these ordinary risks. Tell our professional and your veterinarian immediately if you notice a problem afterwards.

Missed appointments. Tell us at least 24 hours ahead if you need to move a mobile visit. We may charge a reasonable fee for a no-show or a late cancellation, disclosed to you before you book.

6. Laboratory testing, and what results can and cannot tell you

Testing is performed by independent partner laboratories. We select them carefully, but they are separate businesses exercising their own professional and technical judgement.

Turnaround times are estimates, not promises. Shipping, sample quality, re-runs, and laboratory capacity all affect them.

Limits you should understand before you buy:

• A result is a snapshot, and biological values move — with time of day, recent meals, exercise, stress, hydration, medication, illness, age, breed, and sex.
• Reference ranges are population-based. A value inside the range does not mean your dog is healthy, and a value outside it does not mean your dog is ill.
• Biological age, as reported by the cellular aging test, is a statistical estimate, not a measurement of how long your dog will live. It carries a margin of error, and the science is evolving.
• Our tests do not detect all conditions. They cannot rule out disease, and a reassuring panel is never a reason to skip a veterinary visit or ignore a symptom.
• Assays can fail, and results can be wrong. Laboratory error, sample degradation, mislabelling, and analytical variation all happen. If we have reason to believe a result is unreliable, we will tell you and re-test where we can.
• We make no promise about outcomes. Nothing in the Service is a guarantee, warranty, or prediction that your dog will live longer, stay healthier, avoid any disease, or benefit at all from any recommendation.

Results can be unwelcome. A panel may show something you were not expecting and did not want to see. We cannot soften that, and we cannot tell you what it means for your dog — your veterinarian can.

Reading your results is your responsibility. We make results available in the app and tell you when they are ready. We do not monitor your dog’s results on your behalf, and we are not a monitoring or alerting service. You are responsible for reviewing your dog’s results and for following up with your veterinarian about anything in them.

If a result looks concerning, we will make reasonable efforts to flag it in the app and to reach you at the email address on your account, and to suggest you contact your veterinarian promptly. That is a best-efforts courtesy, not a guarantee of delivery or of timing: a flag is a prompt to seek professional care, it is not a diagnosis, and the absence of a flag is not clearance.

7. Your dog’s samples

Ownership. When we receive a sample, it becomes our property so that we and our laboratories can process, analyse, re-run, and dispose of it. You keep the right to ask us to destroy it, and to receive the results generated from it.

Destruction. Samples are destroyed once they are no longer needed for the testing you asked for, and sooner if you ask. Once destroyed, a sample cannot be re-run.

Research. Unless you opt out, we may use de-identified data derived from your dog’s samples and profile for research and product improvement, as described in Section 7 of the Privacy Policy. You may opt out at any time by emailing hello@omihealth.com, without affecting your membership, and you will not receive payment for any research, publication, or product that results.

What you promise us. That the sample is from the dog identified in your account, that you are authorized to submit it, and that you have not substituted, tampered with, or pooled samples. Submitting a sample from a person, or from an animal you have no authority over, is a serious breach of these Terms and we will terminate the account.

8. Membership, pricing, and automatic renewal

What a membership includes is described on the membership page and in your order confirmation — typically the tests included in your plan, results and reporting in the app, your dog’s personalized protocol, and access to the app’s AI companion for the membership year.

Price. You pay the price shown at checkout, plus applicable sales tax. Prices are in US dollars.

Automatic renewal — the plain version. Unless you say otherwise, membership is an annual subscription that renews automatically at the end of each membership year, and your payment method is charged the then-current renewal price, until you cancel. We commit to the following, in every state:

1. We disclose the renewal terms clearly and conspicuously before you buy, right next to where you agree to them — what recurs, how often, how much, and how to cancel.
2. We take your affirmative consent to automatic renewal separately from the rest of the purchase.
3. We give you at least 30 days’ notice of any price increase, and the increase applies only from your next renewal. You can cancel before it takes effect.
4. Cancelling is one email, and we make it easy. Write to hello@omihealth.com and we will cancel and confirm. No phone call, no retention interview, no queue.

Payment. Payments are processed by Stripe. You authorize us to charge your payment method for the membership and any renewal, and you agree to keep it current. If a payment fails we may retry, notify you, and suspend the Service until it clears. If you dispute a charge with your bank rather than contacting us, we may suspend the Service while the dispute is open — email us first and we can usually sort it out faster.

Changes to what’s included. We may change what a membership includes. If a change materially reduces the benefits you paid for, we will tell you before your next renewal and you may cancel and receive a pro-rata refund of the unused portion.

9. Cancelling, and refunds

How to cancel. Email hello@omihealth.com from the address on your account, and we will cancel your membership and confirm it in writing. Cancellation takes effect at the end of the current membership year: you keep access and any testing already included until then, and you are not charged again.

Refunds:

• Before testing begins in a given cycle — before any sample has been collected, and before a kit (if we are sending one) has shipped — you can cancel that cycle for a full refund.
• Once a sample has been collected, or a kit has shipped to you, the testing for that cycle is non-refundable, because the laboratory work has been ordered and performed.
• If we fail — we cannot staff a visit in your area, a kit we sent never arrives, a sample fails for a reason within our control and cannot be replaced, or we cannot deliver results — you get a full refund for the affected testing.
• Statutory rights. Nothing here limits refund or cancellation rights your state’s law gives you, including any cooling-off right that applies to a sale made at your home. Where state law gives you a stronger right, that right applies.

Unreturned kits. If we sent you a kit, and you cancel and do not return it unused within 30 days of our asking, we may charge its reasonable cost, disclosed to you at the time.

10. Veterinary records, and your consent to sign electronically

If you ask us to obtain your dog’s records from a veterinary practice, you authorize us to request and receive them on your behalf, and to add them to your dog’s record in the app. You confirm you are the client of record, or otherwise authorized to release those records, and that the information you give us to identify your dog is accurate. You can withdraw the authorization at any time by emailing us; withdrawal stops future requests but cannot recall records already sent to us.

Electronic signatures and records. You consent to transact with us electronically, and you agree that your typed name or click constitutes your signature, is legally binding, and has the same effect as a handwritten signature under the federal E-SIGN Act and comparable state laws. You agree to receive agreements, disclosures, renewal notices, receipts, and other required notices electronically, at the email address on your account. You can withdraw that consent by emailing hello@omihealth.com, but because the Service is delivered electronically, withdrawing it means we can no longer provide the Service and your membership will end.

11. The Omi app

We grant you a limited, personal, revocable, non-exclusive, non-transferable licence to install and use the app on a device you own or control, for your own dogs. You may not copy, modify, translate, reverse-engineer, decompile, or create derivative works from it; rent, sell, sublicense, or distribute it; remove proprietary notices; or use it in violation of law.

Apple App Store terms. If you obtained the app through Apple’s App Store, you acknowledge:

• These Terms are between you and Omi only. Apple is not a party.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price if any; to the maximum extent permitted by law, Apple has no other warranty obligation.
• Omi, not Apple, is responsible for addressing any claim relating to the app, including product liability, failure to conform to legal requirements, and consumer protection or privacy claims.
• Omi, not Apple, is responsible for investigating and defending any third-party claim that the app infringes intellectual property rights.
• You represent you are not located in a country subject to a US embargo or designated as terrorist-supporting, and are not on any US list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and may enforce them against you.

12. Your content

You keep ownership of what you put into the Service — your dog’s information, photographs, documents, messages, and reviews (“Your Content”). You grant Omi a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, and process Your Content solely to operate, secure, and improve the Service and to provide it to you.

You promise that you have the right to give us Your Content, that it is accurate to the best of your knowledge, and that it does not infringe anyone’s rights or break any law.

Testimonials and social content. If you give us a review, testimonial, or social post to feature, or tag us and ask us to share it, you grant us a perpetual, worldwide, royalty-free licence to use it in our marketing, including your first name, your dog’s name, and your handle. You can ask us to stop future use at any time by emailing hello@omihealth.com; we will comply promptly, though we cannot recall material already printed or distributed.

Feedback. If you send us ideas, suggestions, or feature requests, we may use them freely, without obligation or compensation to you.

13. Acceptable use

Do not: break the law or use the Service for any unlawful purpose; submit a sample from a human or from an animal you have no authority over; impersonate anyone or misrepresent your relationship with a dog; upload malware; scrape, crawl, or harvest data, or access the Service by automated means without our written permission; probe, scan, or test the security of our systems, or circumvent authentication, rate limits, or access controls; interfere with the Service or its infrastructure; resell, sublicense, or commercially exploit the Service, results, or reports; use the Service to build a competing product, or to train a machine-learning model; or harass, threaten, or abuse our staff or our veterinary professionals.

We may investigate suspected breaches and suspend or terminate accounts involved.

14. Our intellectual property, and how you may use your results

The Service — our software, models, scoring, reference data, report formats, content, design, and the Omi name and logo — is owned by Omi and protected by intellectual property law. Nothing in these Terms transfers ownership to you.

Your results are yours to use for your dog. You may view, download, print, and share your dog’s results and reports for personal, non-commercial purposes, including sharing them with your veterinarian.

You may not use results or reports for commercial purposes: no resale, no incorporation into a commercial breeding, sale, insurance, or certification programme, no use in advertising your own products or services, and no republication of our report formats, scoring methodology, or reference data.

15. Third-party services

The Service links to and relies on third parties — payment processing, laboratories, shipping, app stores, and social platforms. Their terms and privacy policies govern what they do, and we are not responsible for them. Links from our site or app are not endorsements.

16. Communications

By creating an account you agree to receive service messages — results, appointment and kit logistics, billing and renewal notices, security alerts, and changes to these Terms. They are part of the Service and you cannot opt out of them while you have an account.

Marketing email goes only to people who asked for it, and every one tells you how to stop receiving it — reply to the message or write to hello@omihealth.com, and we will take you off the list promptly.

We do not currently send marketing text messages. If we introduce them, we will obtain your prior express written consent first, and messages will carry STOP and HELP instructions.

17. Privacy

Our Privacy Policy explains what we collect, how we use it, who we share it with, and the choices and rights you have. It forms part of these Terms.

18. Suspension and termination

You may stop using the Service and close your account at any time; Section 9 governs the money.

We may suspend or terminate your access, with notice where practicable, if you breach these Terms, if we are required to by law, if your payment fails, or if your conduct puts our staff, our veterinary professionals, another customer, or an animal at risk. If we terminate without cause, we will refund the unused portion of your membership.

What survives termination: Sections 6 (limits of results), 7 (samples), 12 (content licences), 14 (intellectual property), 20 (disclaimers), 21 (liability), 23 (indemnity), 24 (disputes), 25 (governing law), and 26 (general).

Results you have already paid for stay yours. Ending a membership does not delete your dog’s results. Features that depend on an active membership — new testing, and the guidance built on it — stop, and we may change or restrict access to membership features for lapsed accounts, but we will not withhold results you have paid for: ask us and we will send you a copy.

Your data after termination is handled under Section 11 of the Privacy Policy. If you want a copy of your dog’s results, email hello@omihealth.com before you ask us to close your account.

19. Copyright complaints

If you believe material on the Service infringes your copyright, email hello@omihealth.com with: your contact details; identification of the work; identification of the material and where it is; a statement that you have a good-faith belief the use is unauthorized; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for them; and your physical or electronic signature. We remove infringing material and terminate repeat infringers.

20. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMI DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THAT, OMI DOES NOT WARRANT THAT: THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; ANY TEST RESULT, SCORE, ESTIMATE, OR RECOMMENDATION IS ACCURATE, COMPLETE, OR RELIABLE; THE SERVICE WILL DETECT, PREVENT, PREDICT, OR DELAY ANY DISEASE OR CONDITION; OR THAT USING THE SERVICE WILL IMPROVE, EXTEND, OR PRESERVE YOUR DOG’S HEALTH OR LIFESPAN.

AI-GENERATED CONTENT IS PRODUCED AUTOMATICALLY, IS NOT REVIEWED BY A VETERINARIAN BEFORE YOU SEE IT UNLESS WE STATE OTHERWISE, AND MAY BE INCOMPLETE OR INCORRECT. IT IS WELLNESS INFORMATION ONLY. OUR VETERINARIANS REVIEW SAMPLES OF THAT OUTPUT AS QUALITY ASSURANCE FOR THE PRODUCT AS A WHOLE; THAT IS NOT A REVIEW OF YOUR DOG’S PLAN OR OF ANY PARTICULAR ANSWER.

OMI IS NOT RESPONSIBLE FOR THE PROFESSIONAL JUDGEMENT, ACTS, OR OMISSIONS OF ANY VETERINARIAN OR VETERINARY PRACTICE THAT IS NOT ENGAGED BY US, INCLUDING YOUR OWN VETERINARIAN.

Some states do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

21. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.

OMI’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

These limits do not apply to liability that cannot be limited by law, including our own gross negligence, willful misconduct, or fraud, or death or personal injury caused by our negligence. Some states do not allow certain exclusions or limitations, so parts of this section may not apply to you; in those states our liability is limited to the smallest amount permitted by law.

Nothing in these Terms limits liability for professional negligence by our veterinarians or veterinary technicians in performing sample collection, to the extent such a limitation is prohibited by the law governing their practice.

22. Assumption of risk

You understand that Omi provides wellness information about an animal, that biology is uncertain, and that no test predicts the future. You are responsible for the decisions you make about your dog’s care, and for consulting a veterinarian before acting on anything you see in the Service. You assume the risks described in Sections 5 and 6.

23. Indemnification

You will defend, indemnify, and hold harmless Omi and its officers, directors, employees, contractors, and veterinary professionals from any claim, loss, liability, damage, cost, or expense (including reasonable legal fees) arising out of: your breach of these Terms or of any law; Your Content; injury to any person or damage to any property caused by your dog, including during a sample-collection visit; your submission of a sample you were not authorized to submit; or a decision you made about your dog’s care.

24. Dispute resolution and arbitration

Please read this section carefully. It affects your rights.

24.1 Informal resolution first. Most problems can be sorted out quickly. Before starting an arbitration, you agree to email hello@omihealth.com with a short description of the dispute and what you want, and to give us 60 days to resolve it. We will do the same before bringing a claim against you. This step is a condition of starting arbitration, and the limitations period pauses while it runs.

24.2 Agreement to arbitrate. If we cannot resolve it informally, you and Omi agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including their formation, interpretation, breach, or termination, and including claims that arose before you accepted these Terms — will be resolved by binding individual arbitration, and not in court.

24.3 Exceptions. Either of us may: bring an individual claim in small-claims court if it qualifies; and seek injunctive relief in court to stop actual or threatened infringement or misuse of intellectual property. Nothing here prevents you from reporting a matter to a government agency.

24.4 Rules and forum. Arbitration is administered by the American Arbitration Association under its Consumer Arbitration Rules, as modified by these Terms, before a single arbitrator. The Federal Arbitration Act governs this section.

24.5 Where and how. You may choose to arbitrate by written submission, by telephone or video, or in person in the US county where you live. We will not ask you to travel further than that.

24.6 Costs. For claims under $10,000, we will pay the AAA’s filing, administration, and arbitrator fees, unless the arbitrator finds your claim frivolous. Above that, fees follow the AAA rules. Each of us pays our own legal fees unless the law or the arbitrator’s award provides otherwise.

24.7 What the arbitrator can do. The arbitrator decides all issues except those reserved for a court by Section 24.8, has authority to award any relief a court could award on an individual basis, and must issue a written decision explaining the essential findings. The award is final and binding, and may be entered in any court with jurisdiction.

24.8 Class-action and jury waiver. YOU AND OMI EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may award relief only to the individual party seeking it, and only to the extent needed to remedy that party’s own claim. If this waiver is found unenforceable as to a particular claim or form of relief, that claim or relief is severed and heard in court, while everything else stays in arbitration. A court, not the arbitrator, decides the enforceability of this paragraph.

24.9 Your right to opt out. You may opt out of this Section 24 within 30 days of first accepting these Terms. Email hello@omihealth.com with the subject line “Arbitration Opt-Out”, stating your name and the email address on your account. That is all it takes. Opting out does not affect your membership, your price, or any other part of the Service, and no other part of these Terms changes. If you opt out, disputes go to the courts identified in Section 25.

24.10 Coordinated filings. If 25 or more similar claims are brought against Omi by or with the assistance of the same lawyers or coordinated group, the claims will be filed in batches of no more than 50, each batch heard by a single arbitrator, and neither side may proceed to the next batch until the current one is resolved. This is intended to keep costs proportionate for both of us; all limitations periods are tolled for claims awaiting a batch.

24.11 Changes. If we change this Section 24 after you accept it, you may reject the change by emailing us within 30 days, and the version you accepted will continue to apply to you.

24.12 Survival and severability. This section survives termination. If any part of it other than Section 24.8 is unenforceable, the rest remains in force.

25. Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. For any dispute not subject to arbitration, you and Omi consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, and waive any objection to venue there. Nothing in this section deprives you of the protection of mandatory consumer-protection laws of the state where you live.

26. General

Changes to these Terms. We may update these Terms. We will change the “last updated” date, and for material changes we will give you at least 30 days’ notice by email or in the app before they take effect. Continuing to use the Service after that means you accept the new Terms. If you do not accept them, cancel before they take effect and we will refund the unused portion of your membership.

Force majeure. Neither of us is liable for delay or failure caused by events beyond reasonable control — including natural disaster, epidemic or epizootic disease, labour disruption, carrier failure, laboratory closure, war, and failures of infrastructure or third-party services.

Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets, subject to Section 17 of the Privacy Policy.

Severability. If a provision is unenforceable, it is modified to the minimum extent necessary, or severed, and the rest stays in force.

No waiver. If we do not enforce a provision, that is not a waiver of our right to enforce it later.

Entire agreement. These Terms, the Privacy Policy, and any order confirmation or invitation terms are the whole agreement between us about the Service, and supersede anything said before.

Notices. We send notices to the email on your account. Send notices to us at hello@omihealth.com and, where legal notice is required, to the address below.

No third-party beneficiaries, other than Apple under Section 11.

Headings are for convenience and do not affect interpretation.

27. Contact us

General, support, and privacy: hello@omihealth.com

By post, including any legal notice under Section 26: Omi Health Inc., 55 Water Street, Brooklyn, NY 11201