These Terms of Service (“Terms”) govern your access to and use of the websites, mobile experiences, laboratory panels, reports, and related services (collectively, the “Service”) provided by EllaDx, Inc. (“EllaDx,” “we,” “our,” or “us”). By creating an account, purchasing a panel, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
Who we are and how to reach us
EllaDx, Inc. is a Delaware corporation headquartered in Texas. Mailing address for legal notices:
EllaDx, Inc.
1630 W Prosper Trail, #620
Prosper, Texas 75078
[email protected]
Eligibility
You must be at least 18 years old and a resident of the United States to use the Service. You must have the legal authority to enter into these Terms. The Service is offered only where we are able to contract with a CLIA-accredited laboratory to fulfill orders; we may restrict or suspend availability in particular states at any time and will not charge you for orders we cannot fulfill.
Your account
You are responsible for the information you provide and for keeping your account credentials secure. You must promptly notify us of any unauthorized use of your account. You agree the information you submit — including information used to place a lab order — is accurate and complete. We may suspend or terminate accounts that violate these Terms or that we believe are being used fraudulently.
Description of the Service
EllaDx designs panels of biomarker tests, arranges for an independently contracted CLIA- and CAP-accredited laboratory (currently Quest Diagnostics) to collect and analyze your sample, and delivers a plain-language report to your account. Reports include reference ranges published by the testing laboratory, research-backed context about each biomarker, and educational notes relevant to women at your life stage.
Reports are informational only. They are not a clinical interpretation of your results, they are not a diagnosis, and they are not a treatment plan. EllaDx does not provide physician review of individual results unless we expressly state otherwise at the point of purchase, and even then the reviewing physician does not establish a doctor-patient relationship with you.
Purchases, pricing, and payment
5.1 Pricing
Prices shown on the Service are in U.S. dollars and do not include any applicable taxes. We may change prices at any time; changes do not affect orders already placed.
5.2 Payment
Payment is processed by our third-party payment processor (Stripe). By providing payment information, you authorize us to charge the amount shown at checkout. If your payment fails, we may suspend or cancel your order.
5.3 HSA / FSA
Many EllaDx panels may be eligible for purchase using Health Savings Account or Flexible Spending Account funds. You are responsible for confirming eligibility with your plan administrator. EllaDx cannot guarantee that any particular purchase qualifies under your specific plan.
5.4 At-home phlebotomy fee
At-home phlebotomy (when available in your ZIP code) is offered at a flat fee disclosed at checkout in addition to the panel price. Walk-in Quest Diagnostics draws are included with every panel at no additional collection fee.
5.5 Refunds and cancellation
You may cancel an order for a refund up until the laboratory requisition has been issued. Once a requisition is issued, the order is considered rendered. If a sample cannot be processed for reasons within our or the laboratory's control, we will re-test at no additional charge. Refund requests outside the window above will be considered on a case-by-case basis at our discretion.
Sample collection and lab processing
Samples are collected either at a Quest Diagnostics patient service center or by a certified phlebotomist at your home or office (where available). You are responsible for arriving on time for scheduled draws and for following the pre-draw instructions we provide (including any fasting window).
All samples are processed by independently contracted, CLIA-accredited laboratories. Results are transmitted to us by those laboratories and are posted to your account in your private portal. Turnaround is approximately five days for most biomarkers; some specialty markers can take up to 21 days. We flag the timeline at checkout.
Re-testing
You may order additional tests at any time. Unless we expressly state otherwise at the point of purchase, each re-test is priced and paid for separately. Your portal retains longitudinal charts and comparisons across every panel you have run with us.
No medical advice
The Service is for general educational and wellness purposes only. Biomarker values, reference ranges, and the educational notes we provide are not a substitute for the judgment of a licensed clinician who has access to your full medical history and can physically examine you.
Do not start, stop, or change any medication, treatment, diet, supplement regimen, or exercise program based solely on information from the Service. Always consult your physician or another qualified healthcare provider with any questions you may have regarding a medical condition.
No doctor–patient relationship
Use of the Service does not create a doctor-patient relationship between you and EllaDx or between you and any EllaDx employee, contractor, or advisor. EllaDx does not provide physician review, clinical interpretation, diagnosis, or treatment of your results unless we expressly contract with you for such services at the point of purchase — and even then the reviewing provider is an independent contractor whose services are educational and whose engagement is governed by a separate notice at that point.
Laboratory-regulated statements
EllaDx's panels are analyzed by laboratories that are regulated under the Clinical Laboratory Improvement Amendments of 1988 (CLIA) and, where applicable, accredited by the College of American Pathologists (CAP). The Food and Drug Administration has not evaluated statements about biomarker optimization, and nothing in the Service is intended to diagnose, treat, cure, or prevent any disease.
Acceptable use
You agree not to:
- Impersonate another person or submit false or misleading information (including identity or medical history).
- Attempt to access any account, system, data, or network other than your own, or to bypass any security measure.
- Use the Service to harass, threaten, or harm another person.
- Reverse-engineer, scrape, or systematically extract content from the Service except as expressly permitted.
- Use the Service in violation of any applicable law or regulation.
Intellectual property
The Service, including its code, design, text, graphics, biomarker reference ranges as presented, research summaries, and reports, is owned by EllaDx or its licensors and is protected by intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service for your own non-commercial use. All rights not expressly granted are reserved.
You retain ownership of the information and content you submit to the Service. By submitting such information you grant EllaDx a worldwide, royalty-free license to use it to operate, maintain, and improve the Service, subject to the Privacy Policy.
Third-party services and links
The Service may integrate with or link to third-party services (for example, Stripe for payment, Quest Diagnostics for lab processing, Junction for lab orchestration, Google Places for address autocomplete, and Klaviyo for marketing email delivery). Your use of those services is governed by their own terms and privacy policies, which we do not control.
Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELLADX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
ELLADX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, AND DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY EDUCATIONAL INFORMATION PROVIDED.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ELLADX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR DAMAGES FOR PERSONAL INJURY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELLADX'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID ELLADX FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages, so the limitations above may not apply to you in full.
Indemnification
You agree to indemnify, defend, and hold harmless EllaDx and its officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any right of a third party.
Arbitration and class-action waiver
Please read this section carefully. It requires that most disputes between you and EllaDx be resolved by binding individual arbitration rather than in court.
You and EllaDx agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (“Dispute”) will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules & Procedures then in effect. The arbitration will take place in Wilmington, Delaware, or at another location mutually agreed in writing. Judgment on the award may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may bring an individual action in small-claims court, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual-property rights.
Class-action waiver. You and EllaDx agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.
30-day right to opt out. You have the right to opt out of the arbitration provisions by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your full name, the email address associated with your account, and a clear statement that you do not wish to resolve disputes through arbitration. Opting out of the arbitration provisions does not affect any other part of these Terms.
Governing law
These Terms, and any Dispute arising out of or relating to them, are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Subject to the arbitration provisions above, the state and federal courts located in New Castle County, Delaware have exclusive jurisdiction over any Dispute not subject to arbitration, and you consent to personal jurisdiction in those courts.
Termination
We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms, if required by law, or if we decide to discontinue the Service. You may terminate your account at any time by contacting us. Sections that by their nature survive termination — including Sections 12 through 18 — will continue to apply after termination.
Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email (if we have your email) or by posting a prominent notice on the Service before the change takes effect. Your continued use of the Service after the effective date of a change constitutes acceptance of the updated Terms.
Miscellaneous
- Entire agreement: These Terms, together with the Privacy Policy and any other notices or agreements we provide at the point of purchase, constitute the entire agreement between you and EllaDx regarding the Service.
- Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
- No waiver: Our failure to enforce any provision of these Terms is not a waiver of that provision.
- Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a corporate transaction or reorganization.
- Notices to you: We may provide notices to you by email to the address associated with your account, by posting on the Service, or by any other reasonable method.
- Notices to us: Written notices to EllaDx should be sent to the address listed in Section 1.
- Force majeure: We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including natural disasters, war, labor disputes, or failure of third-party services.
Contact us
EllaDx, Inc.
Attn: Legal
1630 W Prosper Trail, #620
Prosper, Texas 75078
[email protected]