Last Updated: 05/09/2026
These Terms of Service (“Terms”) govern your use of the membership portal and website www.trifecta.health (collectively, the “Services”) provided by Trifecta Health, Inc. (“Trifecta”, “we”, “us” or “our”). These Terms are a binding legal agreement between you and Trifecta.
Please read these Terms carefully. By clicking “I accept,” “I agree,” or similar when the option is presented to you, or by accessing or using the Services, you agree to these Terms. If you do not agree to these Terms, you are not allowed to use the Services.
MANDATORY ARBITRATION NOTICE: Section 12 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis to resolve disputes. This means that you and Trifecta are each giving up rights to bring claims against each other in court or in class actions of any kind.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms, please note that the warranty disclaimers and limitations on our liability are explained in Section 10.
Trifecta is not a healthcare provider. Trifecta does not provide medical services. Trifecta provides a technology platform for registered users to access certain products and services sold or offered by Trifecta or by other vendors via our Services. The Services and all content made available through them are provided for general informational purposes only and are not intended to constitute medical advice, diagnosis, or treatment. You should never disregard, avoid, or delay seeking in-person medical care from a licensed healthcare professional because of information received through the Services. The Services are not designed for use in emergency situations, and you should call 911 (or your local emergency number) in the event of a medical emergency.
Privacy. Our Privacy Policy applies when Trifecta is responsible for making decisions about how your personal information is used and disclosed. Please review it carefully.
AI Tools and Limitations: The Services incorporate artificial intelligence ("AI") tools — including TRIA, our genomics-based AI assistant — to process and analyze lab test results, genomic data, and other health information, and to generate outputs (e.g., summarization, extraction, personalized coaching, and search results). This processing is integral to the Services and cannot be disabled.
By accepting these Terms of Use and using the Services, you direct and authorize such processing, including the sharing of your genomic material with TRIA. TRIA uses your genomic data to provide personalized, ongoing informational coaching and to respond to questions specific to your genomic profile.
AI outputs are automatically generated, may be inaccurate or incomplete, and are provided for informational purposes only; they do not constitute medical advice. Always seek the advice of your treating physician or other qualified healthcare professional with any questions regarding your health or medical conditions.
Overview of Genetic Testing Services. Trifecta offers lab testing services for your informational, recreational, educational, and personal use (“Testing Services”). As used in these Terms, “Testing Services” refers to the use and registration of a Trifecta lab test kit, processing and laboratory testing of your sample by our third party laboratory partner, storing your sample and any extracted DNA (as applicable), and our web-based and other tools that provide you with access to genetically-related results and associated services. Our laboratory partners may not be able to process your sample, and the laboratory process may result in errors.
Downloading your Genetic Information. We protect your information as described in our Privacy Policy. If you choose to download a copy of your genetic information from the membership portal, that copy is not protected by our security measures and you are solely responsible for storing, securing, and protecting that downloaded data. Trifecta has no responsibility if you elect to share or transfer your downloaded genetic information with others, either intentionally or inadvertently. Your genetic information is intended only for your personal use.
Connected Services. The Services may offer connections to third-party sources. We may add, modify, or discontinue connection methods or providers at any time. By linking an external source, you represent that you are authorized to use that account and you direct the Services to access, retrieve, display, and use information from that source on your behalf. We do not control third-party systems and are not responsible for their content, accuracy, completeness, timeliness, availability, or charges. You may disconnect a source at any time; disconnection stops new retrievals, but information already imported remains in your personal record unless you delete it. Connections may fail, be delayed, or produce duplicates or mismatches. The Services are not your official medical record and are not a substitute for records obtained directly from your providers.
Eligibility. The Services are available to individuals who are 18 years of age or older. Minors under the age of 18 may access the Services only with the involvement and consent of a parent or legal guardian, who must register and maintain the account on the minor's behalf. This includes participation in Trifecta's Family Package, which is designed for DNA testing of children under 18.
The following must be true in order to qualify to use the Services. By registering for an account, or by accessing and using the Services, the registering individual represents and warrants that:
Parents and legal guardians registering on behalf of a minor accept full responsibility for ensuring the minor's use of the Services complies with these Terms.
Satisfying the above requirements does not guarantee access to the Services. Trifecta reserves the right to change or introduce new eligibility requirements at its sole discretion without prior notice.
Changes to the Services. The Services are continually under development. We reserve the right at any time and for any reason to modify, suspend, or discontinue the Services in whole or in part, with or without notice. You agree we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services.
Changes to these Terms. Except for the Arbitration Agreement contained in these Terms, we reserve the right to change or modify these Terms at any time without prior notice to you. We will post any new version of the Terms on the Services. You should check the Terms from time to time when you use the Services to determine if any changes have been made. If you continue to use the Services after we have posted changes to these Terms, you agree to be bound by the modified Terms. If you do not accept the changes, you should immediately stop using the Services and delete all files associated with the Services on your computer and/or mobile device.
Support. Requests for Services support may be submitted to Trifecta via an email to hello@trifecta.helath.
You must create an account (“User Account”) and become a registered user to access certain aspects of the Services. To register, you must provide the Registration Data specified in the registration form. You may change or correct your Registration Data in your account directly through the membership portal. If you do not keep your Registration Data accurate and complete, or if we have reasonable grounds to suspect it is not accurate and complete, we have the right to suspend or terminate your account and your use of the Services. You may not create more than one account, and you agree not to register for a User Account on behalf of anyone else or to use anyone else’s account at any time.
You are responsible for all activities that occur under your User Account regardless of whether you were aware of those activities. You also agree to immediately notify us of any unauthorized use of your User Account or any other breach of security that you become aware of involving or relating to the Services by emailing us at hello@trifecta.health.
We may suspend or disable your User Account or terminate your access to the Services at any time, for any reason, without prior notice to you.
By choosing to use the Services, you are specifically choosing to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state health care program, and you are solely responsible for the costs of any services or products provided to you through the Services. If you are a federal health program beneficiary, you agree that neither you nor we will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services.
You agree to pay all fees pursuant to any additional payment terms presented to you when engaging in such transactions. Prices are subject to change at any point in our sole discretion. When you make a purchase, you may be asked to supply certain information relevant to the transaction, including, without limitation, your payment card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By entering your payment and other information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due, including recurring subscription fees associated with Subscription Services (as defined below). If your credit card expires or Trifecta, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. You are responsible for keeping your payment information (such as credit card number and billing address) accurate and up to date at all times.
All payment transactions on or through the Services occur through online payment processing applications provided by Trifecta’s third-party online payment processing vendors.
Included in the Trifecta Health (adult) membership plan:
Included in the Trifecta Health (child) membership plan:
Certain products or services offered on the Services may be offered on a subscription basis, including supplements, that renews automatically (“Subscription Services”). If you purchase a Subscription Service, you will only see and be required to pay a single “total” subscription price.
FOR SUBSCRIPTION SERVICES, YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED AT REGULAR INTERVALS AS DESCRIBED DURING THE CHECKOUT PROCESS FOR THE APPLICABLE SUBSCRIPTION SERVICES. YOU MAY CANCEL A SUBSCRIPTION AT ANY TIME, AND THE CANCELLATION WILL TAKE EFFECT THE DAY AFTER THE LAST DAY OF YOUR CURRENT SUBSCRIPTION PERIOD. To cancel an active subscription five business days’ notice before the next scheduled payment date must be provided in writing through the membership portal contact form or by emailing concierge@trifecta.health. Trifecta may make changes to recurring subscription fees associated with the Subscription Services from time to time. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Services after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by canceling your Subscription Service prior to the price change going into effect.
Taxes. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through the Services. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. We will collect applicable Taxes if we determine we have a duty to collect Taxes, but we are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
Terms of Sale. .All products offered for sale by Trifecta are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time.
If you use the Services to purchase services, devices, items or products manufactured, distributed or sold by third parties (“Third-Party Goods and Services”), you acknowledge and agree that your use of any Third-Party Goods and Services and any interactions with providers of Third Party Goods and Services, including in certain cases payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such providers of Third Party Goods and Services. Certain of Trifecta’s shareholders, directors, officers, employees, contractors or agents may have a financial interest in one or more providers of Third-Party Goods and Services and may profit from your use of such providers and/or the sale of Third-Party Goods and Services to you.
You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Services, risk of loss or damage to a product pass to you upon delivery of the product to the designated carrier.
YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH THE SERVICES, ALL SALES ARE FINAL AND ANY APPLICABLE FEES AND OTHER CHARGES, INCLUDING FEES FOR SUBSCRIPTION SERVICES, ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
We reserve the right to remedy customer issues and concerns on a case-by-case basis based on the facts and circumstances of each customer.
You may not use the Services to: (a) violate any law or any third-party right; (b) infringe intellectual property, privacy, or publicity rights; (c) upload or transmit unlawful, harmful, deceptive, or misleading content; (d) attempt to access, probe, or test the vulnerability of data, accounts, or systems without authorization; (e) introduce malware or otherwise interfere with, disrupt, overload, or impair the operation or security of the Services; (f) scrape, crawl, spider, index, or harvest the Services or content except as expressly permitted by these Terms; (g) build, provide, or improve a competing product or service using the Services or outputs where prohibited by these Terms; (h) decompile, reverse engineer, disassemble, or otherwise attempt to derive source code, algorithms, models, system prompts, embeddings, training data, or underlying ideas of the Services; (i) circumvent, disable, or interfere with security or access controls (including rate limits and usage caps); (j) use automated means (including bots, scrapers, and crawlers) to access the Services except as expressly allowed; (k) resell, sublicense, lease, lend, or otherwise provide the Services to any third party on a service-bureau or time-sharing basis; (l) benchmark, test, or publish performance, availability, or security results without our prior written consent; (m) misrepresent your identity or affiliation, impersonate any person or entity, or engage in fraud or deception; (n) send spam, phishing, or other unsolicited messages or advertisements; (o) use the Services or outputs to provide or claim professional advice (including medical, legal, or financial); (p) train, fine-tune, or improve models or datasets that compete with the Services where prohibited by these Terms; (q) copy, reproduce, publish, distribute, modify, translate, adapt, create derivative works of, publicly display or publicly perform, republish, download, store, transmit, sell, rent, lease, sublicense, or otherwise exploit any part of the Services, content, or outputs, except as expressly permitted by these Terms or by us in writing; (r) remove, alter, or obscure any proprietary notices, trademarks, or source identifiers; or (s) frame, mirror, or deep-link to the Services in a manner that implies affiliation, endorsement, or sponsorship or that bypasses navigation or access controls.
You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, “Systems”) necessary for you to access and use the Services. This includes, without limitation, obtaining Internet access, using up-to-date web browsers and current, industry-standard encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems.
Communication Preferences and Consent. We may send electronic communications to you from time to time (e.g., via email, text message, or by posting notices to the Services) regarding your User Account and the Services. These communications are part of your relationship with us. By agreeing to these Terms, you expressly consent to receive phone calls and text messages from Trifecta or third parties working on our behalf at the number you provide to us, including calls or text messages placed using any automatic telephone dialing system and calls that use artificial or pre-recorded voices or the playing of a recorded message when a connection is completed to the called number. You consent to receive such calls or texts without regard to any time-of-day limitations, and even if your telephone number is registered on any state or federal Do Not Call list. You may incur data, call-time or messaging charges from your communication providers in connection with communications from Trifecta. You can opt out of receiving certain communications from us by following the instructions contained in the communication or by contacting us at hello@trifecta.health]or, in the case of text messages, texting “STOP” to the number at which you received the text message.
Electronic Notices and Signatures. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing, and you consent and agree that your use of your finger, a keypad, mouse, or other device to select an item, button, icon, or similar act while using the Services, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures, or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. You should maintain copies of electronic communications from us by printing a paper copy, saving an electronic copy, or both. Further, you agree that no certification authority or other third-party verification is necessary to establish the validity of your electronic signature, and that the lack of such certification or third-party verification will not affect the enforceability of your signature or any resulting contract between you and us.
Services Ownership. As between Trifecta and you, Trifecta is the sole and exclusive owner of all right, title and interest in and to the Services, including all content, features, and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), and any associated copyrights, patents, or other protected or unprotected intellectual property rights. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Services shall be owned solely and exclusively by Trifecta or its licensors, including all intellectual property rights therein. You are not permitted to copy or otherwise exploit the Services except as permitted by these Terms or by Trifecta in writing. All rights not expressly granted are reserved. See Section 4 (Restrictions on Use) for additional restrictions.
License to Use the Services. Subject to these Terms, Trifecta grants you a personal, limited, non-exclusive, non-sublicensable, revocable, and non-transferable right to view, download, access, and use the Services solely for your personal and non-commercial use and only as permitted under these Terms. No other right, title, or interest in or to the Services are transferred to you, and all rights not expressly granted are reserved by Trifecta or its licensors.
Feedback. We welcome and encourage you to provide us with ideas, concepts, feedback, reviews, suggestions for improvements, know-how, and other information about the Services (“Feedback”). You may submit Feedback by emailing us at hello@trifecta.health. You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sub-licensable (through multiple tiers), and transferable license to reproduce, distribute, perform and display (publicly or otherwise), create derivative works based upon, adapt, modify and otherwise use, analyze and exploit your Feedback, in any format or media now known or hereafter developed, and for any purpose. You acknowledge and agree that, to the extent permitted under applicable laws, rules and regulations, any Feedback provided will be non-confidential and non-proprietary. Trifecta will be entitled to the unrestricted use and dissemination of Feedback (in whole or in part) for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
License to User Content. To the extent your data, health information and other content you upload or submit (“User Content”) is transmitted to us or stored on our systems, you grant Trifecta a worldwide, royalty-free, transferable, sublicensable license to host, store, reproduce, transmit, display, adapt, and otherwise process your User Content to (a) operate, maintain, protect, troubleshoot, and improve the Services, and (b) for security, quality assurance, support, and compliance. This license survives termination to the extent necessary for these purposes and for legal compliance. We may create and use de-identified information to maintain, secure, and improve the Services.
The Services may include media, data, or content created, owned, or provided by third parties (“Third-Party Content”). We do not control or endorse any Third-Party Content and make no representations or warranties of any kind regarding the Third-Party Content, including regarding its accuracy or completeness. Please be aware that we do not create Third-Party Content, update, or monitor it. In addition, the Services may contain hyperlinks, plug-ins, products, or features operated by third parties (“Third-Party Services”). Such Third-Party Services are not under our control, and we are not responsible for the information, products or services described by, or for the content or features of, any such Third-Party Services. We are providing the Third-Party Content and Third-Party Services to you only as a convenience, and the inclusion of any Third-Party Content or Third-Party Services does not necessarily imply endorsement by us or any association with its operators. Your use of the Third-Party Content and Third-Party Services are at your own risk and may be subject to additional terms and conditions. Operators of the Third-Party Content and Third-Party Services may collect and use certain information about you, as specified in the Third-Party Service Provider’s privacy policies. Prior to providing information to any Third-Party Service Provider, you should review their terms and conditions and privacy policy. We are not liable to you in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on the Third-Party Content or Third-Party Services.
We may terminate or suspend any of the rights granted by these Terms and your access to and use of the Services with or without prior notice, for any reason, and at any time, including for violations of these Terms.
You may discontinue use of the Services at any time, including by uninstalling the app.
Subject to applicable law, Trifecta reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Services pursuant to its internal record retention and/or content destruction policies.
The following provisions, and any other provision which by its nature should survive termination, will survive the expiration or termination of these Terms: Restrictions on Use; Ownership and License to Use the Services; Indemnification; Warranty Disclaimer and Limitation of Liability; Dispute Resolution and Arbitration Agreement; and Miscellaneous Terms.
DISCLAIMER. Your use of the Services is at your sole risk. The Services are provided “as is” without warranty of any kind, either express or implied. Without limiting the foregoing, Trifecta, its affiliates, and their respective directors, officers, employees, agents, accountants, attorneys, contractors, representatives, licensors, suppliers, shareholders, predecessors, successors, and assigns, (collectively, the “Trifecta Parties”) disclaim any and all warranties with respect to the Services including, but not limited to, warranties with respect to merchantability, fitness for a particular use or purpose, noninfringement, title, availability, security, operability, condition, quiet enjoyment, value, accuracy of data, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery or system integration. No advice or information, whether oral or written, obtained from the Trifecta Parties or through the Services will create any warranty not expressly made in these terms.
It is your responsibility to evaluate the accuracy, completeness, timeliness, reliability, or usefulness of the Services and information made available to you through the Services. The Trifecta Parties do not guarantee that the Services will be uninterrupted, secure, or free from error, defect, loss, delay in operation, corruption, cyberattack, viruses, interference, hacking, malware, or other security intrusion, and the Trifecta Parties disclaim any liability relating thereto. You are solely responsible for all of your communications and interactions with the Services and with other people with whom you communicate or interact as a result of your use of the Services.
The Trifecta Parties will not be responsible for any loss or damage that results from your access to or use of the Services, including, without limitation, any loss or damage to any of your computers, mobile devices, or data. It is your responsibility to backup any information you enter into the Services.
LIMITATION OF LIABILITY. To the maximum extent permitted by law, in no event will the Trifecta Parties be liable for any loss of revenue, profits, use of data, goodwill, service interruption, computer or mobile damage, or system failure, or the cost of substitute products or applications, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with your use or inability to use the Services, or for any incidental, special, exemplary, punitive, consequential, or other indirect category of damages, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not the Trifecta Parties have been informed of the possibility of such damage, even if a limited remedy set forth in these Terms is found to have failed in meeting its essential purpose.
To the maximum extent permitted by law, in no event shall the Trifecta Parties’ total aggregate liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed one hundred dollars ($100).
Some states do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for damages such as those contained in this section. Accordingly, some of the above limitations may not apply to you or be enforceable with respect to you.
If you are resident of a state that permits the exclusion of these warranties and liabilities, then the limitations in this section specifically do apply to you.
You agree to indemnify, defend, and hold harmless the Trifecta Parties from any and all third-party liabilities, losses, claims, suits, damages, actions, proceedings, settlements, judgments, injuries, obligations, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising out of or in any way connected with: (a) your access to or use of the Services; (b) your fraud, violation of law, negligence, or willful misconduct; (c) your breach of these Terms; or (d) any other person’s access or use of your User Account, regardless of whether you were aware of such use. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You may not settle or compromise any claim against the Trifecta Parties without our written consent.
Please read this section carefully because it requires you and Trifecta to resolve all disputes between us through binding individual arbitration and limits the manner in which you can seek relief from Trifecta. By agreeing to these Terms, you understand and agree that you and Trifecta are each waiving the right to a trial by jury and the right to participate in a class action.
We want to address your concerns without needing a formal legal case, so we have included a tiered dispute resolution process. This Dispute Resolution section may be modified by written agreement between you and Trifecta.
Informal Dispute Resolution. Before filing a claim against Trifecta, you agree to try to resolve the dispute informally by contacting hello@trifecta.health. If a dispute is not resolved within thirty (30) days after submission, you may bring a formal proceeding, as outlined below.
You agree that any disputes that you and we are unable to resolve informally will be settled by binding arbitration, except that you and we each retain the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. All arbitration proceedings, materials, and awards shall be confidential, except as required to enforce an award or by law. The arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of it is void or voidable. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Arbitration Agreement on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, then that claim (and only that claim) must be severed from the arbitration. All other claims will be arbitrated.
Arbitration Opt-Out. You may opt out of binding arbitration by sending us a written notice within 30 days after you first accept these Terms. Your notice must include: (a) your full name, (b) the email address associated with your account, (c) your mailing address, and (d) a statement that “I elect to opt out of arbitration in the Trifecta Terms of Service.” Send the notice by email to hello@trifecta.health. This opt-out does not affect any other provisions of these Terms. If you opt out, disputes may be brought in small-claims court or in the courts specified in the Governing Law and Venue section below, on an individual basis.
If we make changes to this Arbitration Agreement (other than updating a contact address), you may reject the change by sending written notice within 30 days after the change becomes effective, to the same addresses above. If you reject a change, the version of this Arbitration Agreement immediately prior to the change will continue to apply to you (including any pending or future disputes), unless you later agree to a subsequent change you do not reject. If you previously submitted a timely opt-out, you do not need to opt out again.
Opt-outs received after the applicable 30-day period are invalid.
Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution and Arbitration Agreement section. (The AAA Rules are available at https://www.adr.org/Rules.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A Party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for Demand for Arbitration for California residents. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. The Arbitration shall be held (a) at a location determined by AAA pursuant to the AAA Rules; (b) at such other location as may be mutually agreed upon by you and us; or (c) via videoconference. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the Warranty Disclaimers and Limitation of Liability section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
NO CLASS ACTIONS. You and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
LIMIT ON TIME TO BRING CLAIMS. To the maximum extent permitted by law, any claim or cause of action arising out of or related to your use of the Services or these Terms must be filed within one year after such claim or cause of action arose; otherwise, such claim or cause of action is permanently barred.
Entire Agreement. These Terms are the entire and exclusive understanding and agreement between Trifecta and you regarding the Services and other subject matter herein, and supersedes and replaces any and all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with Trifecta.
Governing Law and Venue. These Terms shall be governed by the laws of Canada without reference to its conflict of laws provisions. You agree that all disputes not subject to the Arbitration Agreement contained in these Terms will be resolved on an individual basis exclusively in federal or provincial courts located in Canada. You irrevocably consent to the personal jurisdiction of these courts and waive all objections to the exercise of jurisdiction by these courts and to this venue. However, you agree that Trifecta may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Notices. Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (a) by Trifecta via email (in each case to the address that you provide); or (b) by posting to the Services. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from Trifecta electronically satisfies any legal requirement that such notice be in writing. You must give any notice to Trifecta by email to: hello@trifecta.health. Notice to Trifecta shall be effective upon confirmation of receipt by Trifecta.
No Inadvertent Waiver. The failure of Trifecta to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Trifecta.
Severability. If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.
Remedies. You agree that any violation, or threatened violation, by you of these Terms may cause us irreparable and unquantifiable harm for which monetary damages would be inadequate. Trifecta shall be entitled to seek injunctive or equitable relief in addition to any other remedies we may have at law or in equity.
Export Compliance. You will not access or use the Services in violation of U.S. export, re-export, or sanctions laws and represent that you are not on any U.S. government restricted list.
No Agency Relationship. Neither these Terms, nor any Services Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
Headings. The heading references in these Terms are for convenience and shall not be deemed to limit or affect any of the provisions of these Terms.
Notice for California Users. Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD).
If you are a California resident, you waive California Civil Code section 1542, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Contact Us. Please feel free to contact us if you have any questions about these Terms and/or any other documents referenced in these Terms. You may contact us by email at hello@trifecta.health or by writing to:
Trifecta Health Inc.
332 Queen St. E.
Toronto, ON
M5A 1S8