Terms of Service

PLEASE READ THIS NOTICE. These Terms of Service (these "Terms") govern your use of the public Superpower website at superpower.com (the "Website"). By accessing or using the Website, you agree to these Terms. If you do not agree, please do not use the Website.

The Website is an informational resource. It does not provide medical advice and using it does not create a provider-patient relationship. If you have a medical emergency, call 911 or go to the nearest emergency room.

If you enroll in a Superpower membership, your membership is governed by the Superpower Membership Agreement, which you accept separately. Nothing on the Website and nothing in these Terms creates a membership or entitles you to any service.

1. The Website and These Terms

1. Who we are. Superpower Health, Inc. ("Superpower," "we," or "us") operates the Website. These Terms are an agreement between you and Superpower.
2. What these Terms cover. These Terms cover the public Website and the content, features, and functionality available on it. The authenticated, member-facing portions of superpower.com or the Superpower mobile application (together, the "Platform") require a Superpower account and are governed by the Membership Agreement, which also incorporates these Terms by reference. If you are a member, the Membership Agreement controls over these Terms on any matter that it addresses.
3. Who may use the Website. The Website is intended for individuals located in the United States who are at least 18 years old. Do not use the Website where its content is prohibited by law.
4. Changes to these Terms. We may revise these Terms by posting an updated version with a new "Last Updated and Effective" date. A revision applies to use of the Website on and after that date. If you do not agree to a revision, stop using the Website.

2. Informational Content Only; Not Medical Advice

1. Superpower is a technology company. It is not a healthcare provider, and it does not provide medical advice, clinical consultations, diagnosis, or treatment.
2. Content on the Website concerning health, wellness, diet, lifestyle, biomarkers, and testing is general educational information. It is not tailored to you, is not a substitute for the judgment of a qualified healthcare professional, and is not a recommendation or endorsement of any course of action, test, product, provider, or organization. Consult your own healthcare professional before acting on anything you read on the Website, and never disregard or delay obtaining professional medical advice because of it.
3. No health information. Please do not submit health information or other sensitive personal information through the public Website.

3. Privacy

Information we collect through the Website is handled as described in the Superpower Privacy Policy, which is incorporated into these Terms by reference. Please read it.

4. Ownership and Permitted Use

1. Ownership. Superpower and its licensors own the Website and all content, features, and functionality on it, including text, graphics, photographs, video, audio, software code, and design. These are protected by copyright, trademark, and other laws.
2. Limited license. Subject to these Terms, you may view and use the Website for your own personal, non-commercial, informational purposes. This license is revocable, non-exclusive, non-transferable, and non-sublicensable. All other rights are reserved.
3. Trademarks. "Superpower" and the Superpower logos, marks, and stylized name are trademarks of Superpower. You may not use them, or remove or alter any proprietary notice appearing on the Website, without our prior written permission. Other marks appearing on the Website belong to their respective owners.

5. Acceptable Use

1. You agree not to use the Website: for any unlawful, fraudulent, or malicious purpose; to damage, disable, or overburden the Website or any network or system connected to it; to gain unauthorized access to any account, system, or data, or to obtain material not intentionally made available to you; to reverse engineer, decompile, or disassemble any part of the Website; to use any robot, spider, scraper, or other automated means to access the Website or to copy, download, or reproduce its content; to frame or mirror the Website; to upload or transmit malware, unlawful or infringing material, or unsolicited commercial messages; to impersonate any person or misrepresent your affiliation with any person or entity; to harvest information about others; or to interfere with anyone else's use of the Website. You also agree not to assist or permit any person to do any of these things.
2. We may monitor use of the Website, remove content, restrict or block access, and take any other lawful action we consider appropriate in response to an actual or suspected violation of these Terms, and we may cooperate with law enforcement and other third parties in any resulting investigation.

6. Links and Third-Party Content

The Website may link to, or display content from, websites and services that we do not control. We provide those links as a convenience. We do not endorse, verify, or take responsibility for them, including the accuracy or quality of their content. Your use of a third-party website or service is governed by that third party's own terms and privacy policy, and any dealings or disputes with that third party are solely between you and it.

7. Feedback

If you send us ideas, comments, or suggestions about Superpower, by email, text or otherwise, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use them for any purpose, without obligation or compensation to you. Please do not send us anything you consider confidential.

8. Copyright Complaints

If you believe in good faith that material on the Website infringes your copyright, send a notification complying with 17 U.S.C. section 512(c)(3)(A) to legal@superpower.com. If you believe in good faith that a notification has been filed against you in error, you may send a counter-notification to the same address. We will respond as required by the Digital Millennium Copyright Act, and we may remove material and terminate access in appropriate circumstances.

9. Availability

The Website is provided at our discretion. We may change, suspend, or discontinue any part of it, and may restrict or block your access to it, at any time and without prior notice.

10. Disclaimer

THE WEBSITE AND ALL CONTENT ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPERPOWER DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ITS CONTENT IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR USEFUL, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. YOUR ACCESS TO AND USE OF THE WEBSITE IS VOLUNTARY AND AT YOUR OWN RISK.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPERPOWER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE WEBSITE, AND SUPERPOWER'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN OF THESE EXCLUSIONS OR LIMITATIONS, SO THEY MAY NOT APPLY TO YOU, AND NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR REMEDY IS TO STOP USING IT.

12. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The Website is controlled and operated from California; those who access it from other locations do so on their own initiative and are responsible for compliance with local law. The state and federal courts located in San Francisco County, California have exclusive jurisdiction over any dispute relating to the Website, and you and Superpower each consent to their personal jurisdiction. If you are a Superpower member, the dispute resolution provisions of the Membership Agreement govern instead, including for disputes relating to the Website.

13. General

These Terms, together with the Privacy Policy, are the entire agreement between you and Superpower regarding the Website and supersede any prior version. They do not supersede, and are not superseded by, the Membership Agreement, which remains in effect according to its own terms. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will stay in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them without restriction. Headings are for convenience only and have no legal effect. We may give notice by posting on the Website, by email, or by mail. If you have questions about these Terms, contact us at member.compliance@superpower.com.