SimplyTest Terms and Conditions

Effective Date: September 10, 2026

1. Introduction and Acceptance of Terms

By accessing or using the SimplyTest® portal, website located at https://simplytest.solutions/, website ordering pages, payment setup links or any related ordering workflow (collectively, the “Platform”), by clicking to accept these Terms and Conditions before placing an order with SimplyTest, or by placing an order with SimplyTest, you (“Medical Provider,” “patient,” or “you,” as applicable) agree to be bound by these Laboratory Billing and Ordering Terms and Conditions (“Terms”), as well as the SimplyTest® Privacy Policy, available at https://simplytest.solutions/privacy-policy/ (the “Privacy Policy”) and our Consumer Health Data Privacy Policy (the “Health Data Policy”), available at https://simplytest.solutions/health-data-privacy.

Alimetrix, Inc., a Delaware corporation doing business as SimplyTest® (“SimplyTest,” “we,” “us,” or “our”), makes available specimen collection kits to be used for oral and functional health (individually, a “Collection Kit” or “Kit” and collectively, the “Collection Kits” or “Kits”). Once used by a patient, a Collection Kit is returned to SimplyTest for clinical laboratory testing (“Testing”). All clinical laboratory testing is performed pursuant to an order from a licensed healthcare provider. Testing results (“Test Results”) are sent by SimplyTest to the ordering medical provider and not the patient. The provision of Collection Kits, Testing and Test Results are referred to herein collectively as the “Services”. To the extent required by applicable law, Test Results will be made available to the patient or the patient’s personal representative upon request.

These Terms apply to all Services, billing arrangements, payment links, pay transactions and related services made available to you through the Platform, except to the extent a separate written agreement signed by Medical Provider and SimplyTest expressly governs a specific service or arrangement (an “Agreement”). In the event of any inconsistency between these Terms and any signed Agreement, the terms in the Agreement shall control.

Your access to and use of the Platform and/or the Services are subject to these Terms and by accessing or using the Platform and/or the Services you acknowledge that you understand these Terms and agree to comply with these Terms. If you do not understand or do not want to agree to these Terms, do not access or use the Platform or the Services. The Platform and Services are continually under development, and we reserve the right to revise or remove any part of the Terms or the Services in our sole discretion at any time and without prior notice to you. Any changes to these Terms are effective upon posting to the Platform. If you disagree with these Terms your sole remedy is to discontinue your use of the Platform and the Services. Your continued use after a change to these Terms has been posted constitutes your acceptance of the Terms as modified by such changes.

Please read these Terms carefully before using the Platform or the Services.

DISPUTE RESOLUTION: BY AGREEING TO THESE TERMS, YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION AND YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW.

IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THESE TERMS ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

2. Services Models

We support the following ordering and billing models (each, a “Model” and collectively, the “Models”):

Stock and Bill Model – Medical Provider orders Collection Kits for delivery to its clinic. Medical Provider pays SimplyTest or an affiliate upfront for each Kit and associated Testing and Test Results. Medical Provider separately bills and collects from Medical Provider’s patients for any ordered Service and office visit with the patient regarding review of Test Results (a “Consultation”).
Direct-to-Patient Model – Medical Provider orders a Collection Kit for an individual patient to be shipped directly by SimplyTest or an affiliate to the patient’s home. Medical Provider pays SimplyTest or an affiliate upfront for each ordered Kit, Testing and Test Results. Medical Provider separately bills and collects from the applicable patient for the Services and Consultation.
Patient-Pay Model – Medical Provider orders a Collection Kit for an individual patient to be shipped directly by SimplyTest or an affiliate to the patient’s home. SimplyTest bills and collects from the patient for the Services. Medical Provider bills and collects from the applicable patient for any Consultation.
Expanded Patient-Pay Model – Medical Provider orders a Collection Kit for an individual patient to be shipped directly by SimplyTest or an affiliate to the patient’s home. SimplyTest bills and collects from the patient for the Services and a fee associated with the Medical Provider’s Consultation. SimplyTest remits the Medical Provider’s Consultation fee to the Medical Provider. An Agreement between the Medical Provider and SimplyTest is generally required for this Model.

Each order must be placed through the Platform using the Model enabled for the Medical Provider or patient, as applicable. The Platform will display applicable pricing and payment options after login.

By placing an order through the Platform you certify that the information presented is true and correct in all respects and we are authorized to verify such information.

SIMPLYTEST ONLY BILLS THE MEDICAL PROVIDER OR PATIENT FOR ITS SERVICES PURSUANT TO AN APPLICABLE MODEL. SIMPLYTEST WILL NOT BILL A FEDERAL, STATE OR COMMERCIAL PAYER FOR THE PROVISION OF SERVICES.

UNLESS OTHERWISE AGREED TO BY SIMPLYTEST IN WRITING, IF YOU ARE A MEDICAL PROVIDER: (A) YOU MAY ONLY USE THE SERVICES FOR “CASH PAYING” PATIENTS AND NEITHER YOU NOR ANY OF YOUR AFFILIATES OR AGENTS SHALL BILL ANY STATE OR FEDERAL HEALTH CARE PROGRAM, ANY COMMERCIAL PAYER, MANAGED CARE ORGANIZATION OR HEALTH MAINTENANCE ORGANIZATION FOR THE SERVICES, AND (B) YOU ARE SOLELY RESPONSIBLE FOR OBTAINING FROM EACH PATIENT RECEIVING THE SERVICES A LEGALLY COMPLIANT WRITTEN ACKNOWLEDGMENT AND AUTHORIZATION CONFIRMING THAT THE PATIENT WILL PAY “OUT OF POCKET” FOR THE SERVICES AND NO CLAIM WILL BE SUBMITTED TO ANY THIRD-PARTY PAYER APPLICABLE TO SUCH PATIENT.

3. Model Details

3.1. Stock and Bill Model

Medical Provider orders Collection Kits for delivery to the Medical Provider’s clinic and maintains those Collection Kits in inventory for later patient encounters.
Medical Provider pays SimplyTest or an affiliate upfront for Collection Kits and associated Testing and Test Results at the organization-level rate shown in the Platform at the time of Kit order.
Medical Provider is solely responsible for determining whether and how to charge the patient for the Services and any Consultation, subject to applicable law and any Agreement between Medical Provider and SimplyTest.
Once delivered, the Medical Provider bears all risk if any Collection Kit is lost, stolen, destroyed or damaged.
Medical Provider shall have the right to return any Collection Kit, at SimplyTest’s sole cost and expense, in the event any Collection Kit arrives at Medical Provider’s office or facility damaged.
Medical Provider shall store and maintain the Collection Kits in a safe and secure location within Medical Provider’s office or facility and in accordance with any directions and/or instructions from SimplyTest in order to ensure the efficacy of the Kits.

3.2. Direct-to-Patient Model

Medical Provider orders a Collection Kit through the Platform for shipment directly to a patient’s home address.
Medical Provider pays SimplyTest or an affiliate upfront for each Collection Kit ordered and associated Testing and Test Results at the organization-level rate shown in the Platform at the time of order.
Medical Provider is solely responsible for determining whether and how to charge the patient for the Services and any Consultation, subject to applicable law.

3.3. Patient-Pay Model

Medical Provider orders a Collection Kit through the Platform for shipment directly to a patient’s home address.
The patient receives a payment link from SimplyTest generated through the Platform for the Services.
The patient pays SimplyTest directly for the Services.
Medical Provider is solely responsible for determining whether and how to charge the patient for any Consultation, subject to applicable law.

3.4. Expanded Patient-Pay Model

Medical Provider orders a Collection Kit through the Platform for shipment directly to a patient’s home address.
The patient receives a payment link from SimplyTest generated through the Platform for the Services plus the Consultation fee.
The patient pays SimplyTest directly for the Services and the Consultation fee.
SimplyTest remits the Consultation fee to the Medical Provider.
This Model generally requires an Agreement between SimplyTest and the Medical Provider.

3.5. Medical Provider Obligations

Medical Provider represents on a continuing basis that each ordering individual is licensed in good standing in, and authorized under the law of, the state where the patient is located to order the Services and to receive Test Results. Medical Provider will promptly notify SimplyTest of any change affecting that authorization and will maintain current contact information in the Platform.
Medical Provider remains responsible for determining medical necessity with respect to ordering a Collection Kit and associated Testing, interpreting the Test Results and communicating clinically appropriate guidance to the applicable patient.
Medical Provider is responsible for ordering accuracy, patient address accuracy, patient communications and any clinical guidance required before or after Testing.
SimplyTest does not provide, supervise, control or assume responsibility for any consultation or any diagnosis, treatment or clinical advice provided by Medical Provider with respect to the Testing or Test Results.
You will report immediately to SimplyTest any event of which you become aware that suggests that any services or products (including the Collection Kits) for any reason: (i) may have caused or contributed to a death or injury, or (ii) have malfunctioned and such malfunction would be likely to cause or contribute to a death or injury if the malfunction were to occur again.
To the extent required by the Health Insurance Portability and Accountability Act (“HIPAA”), SimplyTest and Medical Provider shall enter into a business associate agreement, which shall control over these Terms with respect to protected health information.

3.6. Results Workflow

Test Results are returned to the ordering Medical Provider or another authorized healthcare professional designated in the Platform, and are generally not returned to the patient by SimplyTest. However, to the extent required by applicable law, Test Results will be made available to the patient or the patient’s personal representative upon request.

3.7. Use of Artificial Intelligence and Personal Information

In limited cases, we use artificial intelligence technologies such as generative AI and machine learning (AI) to improve the quality and efficiency of our customer support. You will be informed when you are directly interacting with an AI-supported chatbot, agent, or similar communications channel in accordance with applicable law. We do not use AI to provide the Testing or Test Results. We provide AI tools on an “as is” and “as available” basis and do not give any warranties. We do not collect, use, or sell personal data for the purpose of training large language models.
The Services may involve certain uses of personal information that is considered sensitive in certain jurisdictions or otherwise subject to heightened legal obligations. You understand that by using the Services or Platform, you are requesting that SimplyTest process your personal information, including sensitive personal information, as necessary to provide you the Services. The Service offered to you includes personalization based on your personal information. SimplyTest is a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time.

3.8. Limited Use and Availability

Our Services are currently only available to individuals who are located in states in which we offer the Services, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted these Terms. By using the Platform, you represent and warrant that you meet all of the foregoing eligibility requirements and that you possess the legal right and authority to agree to these Terms. If you are accessing the Platform on behalf of a medical practice, organization, or other entity, you represent and warrant that you have full authority to bind that entity to these Terms. We provide the Platform from within the United States and make no representation that the Platform or any content thereon is accessible or appropriate outside of the United States. If you access the Platform from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws.

4. Pricing, Payment Setup, and Authorization

4.1. Organization-Level Pricing

Pricing is established at the organization level based on pre-negotiated contracts, account configuration or other terms approved by SimplyTest.
After you log in, the Platform reflects the rates and order flows enabled for you.
Medical Provider may not vary Service pricing, payment link pricing, Consultation fee amounts, or markup amounts on a patient-by-patient basis unless we have expressly enabled that functionality.
We may correct pricing displayed in error and may refuse, cancel or suspend orders placed using erroneous pricing.

4.2. Payment Setup and Authorization

Certain services accessible through the Platform are available only if you set up an Account (“Account”) in the Platform on our website. In some cases, you must have a valid National Provider Identifier (NPI) Number. To establish the Account you will be required to provide us with certain information about you, including as applicable, but not necessarily limited to, your name, additional employee names, your email address, additional employee email addresses, business name, business address, telephone number, fax number, type of business, your NPI Number, and any other directly linked business-related information that may be required for us to receive, process or fulfill your request for a Service. Account holders may be required to provide additional information when making purchases through the Platform.

By adding a payment method, selecting an ordering Model, sending a payment link, placing an order, or authorizing a transaction through the Platform, you authorize SimplyTest to:

Charge the applicable payment method for approved Services and, when applicable, Consultation fees presented through the Platform.
Process payments, refunds, chargebacks, remittances and account adjustments consistent with these Terms, the Platform workflow, and any applicable Agreement between you and SimplyTest.

4.3. Payment Methods and Fees

Medical Provider accounts must maintain a valid payment method on file when the Medical Provider is responsible for Service charges.
Patients may be required to pay through a payment link or other Platform-enabled payment method when the applicable order flow is patient-pay.
Credit card, ACH, processing, platform or other transaction fees may apply as disclosed in the Platform or applicable Agreement.

4.4. Order Charges and Timing

Service charges and applicable taxes may be collected upfront at the time of order, at payment-link checkout, under an approved billing cycle, or as otherwise displayed in the Platform for the applicable organization and order Model.
Consultation fees under the Expanded Patient-Pay Model are collected only when the patient payment link includes those fees and an Agreement authorizes SimplyTest to collect and remit those fees to the applicable Medical Provider.

4.5. Credits, Promotions, and Discounts

Any credits, prepaid balances, discounts, promotional pricing or organization-level rate concessions apply only as expressly shown in the Platform or set out in a separate Agreement with SimplyTest.
Credits and discounts have no cash value, are not transferable, and may be limited by expiration, usage, Model or other conditions disclosed when issued.
At any time without notice, we can cancel all credit and refuse to make any further credit advances because of your failure to pay for goods when due or for any other reason deemed good and sufficient by us.

4.6. Cancellations

Order cancellation rights depend on the order status, shipment status, sample status and applicable law.
We may refuse cancellation after a Kit has shipped, a sample has been received, Testing has begun, Test Results have been generated, or other costs have been incurred.
Cancellation of any Agreement with SimplyTest does not automatically cancel outstanding orders, payment obligations, result-delivery obligations or financial obligations you have already incurred.
Medical Provider remains responsible for charges associated with orders placed before cancellation, suspension or termination, except to the extent SimplyTest issues a refund or credit under these Terms or a separate Agreement.

4.7. Non-Refundable Amounts and Expiration

Except as expressly required by law, disclosed in the Platform, or stated in a separate Agreement with SimplyTest, Services charges, transaction fees, prepaid balances, and credits are final and non-refundable once the applicable order, shipment, testing or service milestone has occurred.
Unused stocked Kits, expired Kits and unused or expired credits do not entitle Medical Provider or patient to a refund, cash value or replacement unless we expressly approve one in writing or applicable law requires otherwise.
Any expiration period for credits, prepaid balances, promotional value or payment links will be shown in the Platform, the applicable Agreement or the communication issuing the credit, balance, value or link.
We may apply available credits or balances in the order we determine, including first-in, first-out application, unless a separate Agreement states otherwise.
Refunds and credits may be reduced by chargeback fees, payment processing fees, shipping costs, collection costs or other non-recoverable costs.

5. Collection Kits, Stocking and Intellectual Property

5.1. Kit Expiration and Handling

All test Kits have a designated expiration date printed on the Kit packaging or otherwise identified by SimplyTest.
Kits must be stored, handled, collected and returned according to our instructions.
Expired, damaged, altered, diverted or improperly handled Kits are void and may be ineligible for Testing, refund, credit, replacement or reimbursement.
Samples collected using expired or nonconforming Kits may not be processed, regardless of payment method, payment status, available credits or payment.

5.2. Stocking, Resale and Diversion Restrictions

You may use Kits only for authorized patient testing ordered through the Platform and processed solely by the SimplyTest clinical lab.
You may not sell (except to your patient), resell, pledge, distribute, assign, gift, transfer, loan, consign, export, sell overseas, ship outside the United States, or provide Kits to any third party except as expressly permitted by SimplyTest in writing.
You may not send, route, divert, or permit any sample or Kit to be processed by any laboratory other than the SimplyTest clinical lab, and Kits must be used exclusively with the SimplyTest clinical lab.

5.3. Collection Kit Integrity

You may not change, alter or remove any copyright notices, trademarks, patent notices, restricted rights legends or any other notices or instructions on the Collection Kits or any documentation accompanying the Collection Kits.

You must not remove, obscure, alter, or misuse any proprietary notices, trademarks, instructions, labels, barcodes, identifiers, security features, chain-of-custody materials, or other controls included with any Kit or Platform workflow.

You may not modify, reverse engineer, disassemble, deconstruct, copy, create derivative works from, alter, relabel, repackage, analyze or attempt to derive the composition, design, technology, processes or know-how embodied in any Collection Kit or related materials.

Nothing in this Section prohibits a Medical Provider from inspecting a Collection Kit to the extent reasonably necessary to comply with the adverse event reporting obligations set forth in Section 3.5 or as required by applicable law or regulatory authority.

6. Results, Clinical Responsibilities and Consultation Services

6.1. Results Returned to Medical Provider Only

We only return Test Results to the ordering Medical Provider or another authorized healthcare professional designated in the Platform, not directly to the patient.
The ordering Medical Provider or another authorized healthcare professional is responsible for interpreting Test Results, explaining Test Results to the patient, and determining any diagnosis, treatment, referral, follow-up or other clinical response.
Medical Provider must not represent that SimplyTest will provide patient-facing clinical interpretation, dental advice, medical advice, diagnosis, treatment or follow-up care.

6.2. Consultation Under the Expanded Patient-Pay Model

When the Expanded Patient-Pay Model applies, the Consultation generally consists of two patient interactions: a pre-test consultation and a post-result consultation to interpret and discuss the Test Results.
The two interactions are billed as a single global Consultation fee unless the applicable Agreement with SimplyTest states otherwise.
Medical Provider is solely responsible for scheduling, conducting, documenting and completing the Consultation and for all clinical content, professional judgment, licensure, standard-of-care, telehealth, patient consent and patient relationship obligations arising from the Consultation.

6.3. SimplyTest Role in Consultation Fee Collection

When we collect Consultation fees under the Expanded Patient-Pay Model, we act only as a payment administrator for the Medical Provider, not as a provider of medical, dental or telehealth services.

Our collection and remittance of Consultation fees do not create an employment, agency, joint venture, professional entity or clinical supervision relationship between SimplyTest and Medical Provider.

7. Payment Terms, Refunds, and Disputes

7.1. Accepted Payment Methods

Medical Provider transactions may be paid by ACH bank account, major credit card or other payment method enabled in the Platform.
Patient transactions may be paid through the payment link or other patient checkout workflow enabled in the Platform.

7.2. Payment Method Requirements

Medical Provider must maintain a current, valid payment method on file with SimplyTest when required by the applicable Model or Agreement.
Medical Provider is responsible for updating payment information when cards expire, accounts change, authorization is revoked or payment details become inaccurate.
We may suspend ordering, shipment, testing, payment links, remittances or Platform access for invalid, declined, disputed, charged back or unauthorized payments, subject to applicable law.

7.3. Failed Payments and Chargebacks

Repeated payment failures, chargebacks, suspected fraud or payment disputes may result in account suspension, payment-link suspension, order cancellation, delayed shipment or termination of order.
You remain liable for all unpaid amounts and chargeback amounts for orders.
We may charge interest on any amount not paid when due at the rate of 1.0% per month (12% per annum), but in no event at a rate greater than the maximum rate permitted by applicable law. Such interest shall accrue on the balance of all outstanding amounts from the date on which such amounts become due and owing until payment thereof in full.
If you fail to pay any amount when due, in addition to any other rights or remedies available to SimplyTest at law or in equity or pursuant to an Agreement, if applicable, we reserve the right to refuse to provide further Services until the outstanding amount(s) is paid in full.
You agree to pay reasonable collection costs, attorneys’ fees, check return fees and payment processor fees incurred in collecting past-due invoices or amounts owed, to the extent permitted by applicable law.
Account reinstatement may require payment of all outstanding balances, updated payment information and completion of any additional verification requested by SimplyTest.

7.4. Processing Fees

Processing, platform, credit card, ACH, chargeback, or similar fees may be added to or deducted from charges, refunds, or remittances as disclosed in the Platform, payment link, Agreement, or applicable checkout workflow and as permitted by law.
If a fee is disclosed as applying to a payment method or transaction type, the payer is responsible for that fee unless the Platform, payment link, Agreement or applicable law allocates the fee differently.

7.5. Currency and U.S. Scope

All prices are in U.S. Dollars, and these Terms apply to orders and services made available in the United States. Cross-border orders, Canadian operations, or other non-U.S. expansion will require separate terms, workflows and legal review and are not authorized by these Terms unless we expressly state otherwise in writing.

7.6. Billing Disputes, Patient Refunds, and Chargebacks

You must notify us within 30 days regarding any dispute of a charge or attempted or completed charges made through the Platform.
For the Expanded Patient-Pay Model, disputes concerning the quality, timeliness, scope or completion of Medical Provider’s Consultation are Medical Provider’s sole responsibility. If the Consultation is not completed within 14 days after the Test Results are provided to the applicable Medical Provider, we may reimburse the patient for the Consultation-fee portion and bill, charge back, offset or otherwise recover that amount from the Medical Provider.

8. Account Management

8.1. Account Security

You are responsible for maintaining the confidentiality of Platform login credentials. You are responsible for all activity that occurs under your Platform login credentials, whether or not authorized by you. Your Platform login credentials are personal to you, and you may not provide any other person with access to the Platform using your username, password, or other login credentials.
You must notify us immediately of any unauthorized access to the Platform.

8.2. Account Suspension or Termination

We reserve the right to suspend or terminate accounts for:

Non-payment or repeated payment failures
Violation of these Terms
Fraudulent activity or misuse of Services
Violation of applicable laws or regulations

8.3. Effect of Suspension or Termination

Upon your suspension, termination, bankruptcy, insolvency, or material breach all outstanding balances become immediately due and payable.
Unused credits, prepaid balances, promotional amounts or unremitted amounts may be forfeited, offset or applied as provided in these Terms, the Platform or any applicable Agreement, to the extent permitted by law.
Test Results for completed Testing will remain accessible for the retention period required by law.

8.4. Order Submission and Modification Cutoff

Medical Provider is responsible for ensuring that each order, patient information, shipping address, clinical indication, medical necessity and other order detail is accurate before submission to SimplyTest.

Orders may not be modified once a specimen has been received, except that SimplyTest may obtain and record corrections to patient identifying information needed to reconcile the specimen label with the electronic requisition. Corrections must be confirmed in writing by the ordering Medical Provider and are documented without cancelling the existing order. All other post receipt changes are subject to Platform functionality, laboratory status, applicable law, and SimplyTest approval, and may require cancellation and entry of a new order.

9. Service Modifications, Platform Changes and Pricing Changes

9.1. Service Changes

We reserve the right to:

Modify, suspend or discontinue Services, Models, payment links, payment methods, Kit availability, shipping options or Platform functionality.
Update test offerings, methodologies, reporting formats, Kit instructions, account configuration, onboarding requirements or click-through acceptance workflows.
Change Platform features, security requirements, payment links, payment processor integrations, shipping providers or support processes.

9.2. Pricing Changes

Organization-level pricing, Kit charges, Consultation fee collection settings, markup amounts, processing fees, shipping fees, credits, and discounts may change as provided in the applicable Agreement with SimplyTest, Platform notice, payment link or written notice from SimplyTest.
All notices by SimplyTest may be provided through the Platform, by email, by website posting, through the payment setup workflow, through an updated payment link, or as otherwise permitted by the applicable Agreement or law.
Continued Platform use, click-through acceptance, payment setup, sending a payment link or placing an order after the effective date of any changes implemented by SimplyTest constitutes acceptance of the modified terms or pricing.
If a separate written Agreement with SimplyTest controls a specific organization-level rate or provider reimbursement arrangement, that Agreement controls over conflicting Platform pricing to the extent of the conflict.

10. Use of Platform; User Conduct; Monitoring and Enforcement

10.1. Use of the Platform and Services

All users are responsible for making any arrangements to access the Platform, including, but not limited to ensuring access to internet services or wireless data services. Your use of the Platform and Services is subject to the limited license granted in Section 11.2.

You agree not to record, download, or otherwise copy any materials on the Platform, unless we explicitly grant you permission to do so. You agree not to reverse engineer or break into the Platform, or use any of our materials, goods, or Services in violation of any law. Your use of the Platform is at the sole discretion of SimplyTest, and SimplyTest may suspend or terminate your use of the Platform for violation of these Terms, non-payment, fraudulent activity, violation of applicable law, or conduct that threatens the security or integrity of the Platform. SimplyTest will provide notice of any such suspension or termination where required by applicable law.

10.2. User Conduct

You agree to use the Platform only for lawful purposes and in accordance with these Terms. In using the Platform, you may not and agree not to:

use this Platform in any manner which could damage, disable, overburden or impair this Platform;
interfere with the security of, or otherwise abuse, this Platform, or any services, system resources, accounts, servers or networks connected to or accessible through this Platform or affiliated or linked sites;
disrupt or interfere with any other person’s use and enjoyment of this Platform or affiliated or linked sites;
upload, post or otherwise transmit on this Platform any viruses or other harmful, disruptive or destructive files or computer programs, attack the Platform via a denial-of-service attack or a distributed denial-of-service attack, or otherwise attempt to interfere with the proper working of the Platform;
use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained at this Platform without written permission;
use or attempt to use another’s account, service or system without authorization from SimplyTest, or create or use a false identity on this Platform or otherwise impersonate or attempt to impersonate any other person or entity that is not you;
transmit on this Platform spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
attempt to obtain unauthorized access to this Platform or portions of this Platform which are restricted from general access;
use the Platform in any way that violates any applicable federal, state, local, or international law or regulation; or
engage in any other conduct which, as determined by SimplyTest in our sole discretion, may harm SimplyTest or users of the Platform or Services, or expose SimplyTest, the Platform users, or any third party to liability.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted to or for your account, and that you will comply with all applicable laws that relate to your use or activities on the Platform.

10.3. Our Monitoring and Enforcement of the Platform

We do not and cannot review all information transmitted to or through the Platform, but we reserve the right to do so.

We also have the right to, without limitation:

Take any action with respect to your access to and use of the Platform and Services that we deem necessary or appropriate in our sole discretion, including if we believe your access to and/or use violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the safety of users of the Platform or the public, violates our Privacy Policy, or could create liability for SimplyTest.
Disclose your identity or other information about you to any third party who claims that you have violated their rights, including their intellectual property rights or their right to privacy.
Remove any material on the Platform at any time, without notice to you, for any or no reason, in our sole discretion.
Suspend, terminate, delete, or revoke access to all or part of the Platform or Services at any time, for any or no reason, including, without limitation, any violation of these Terms, in accordance with Section 10.1.
Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform or Services.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing the Platform or Services. YOU WAIVE AND HOLD HARMLESS SIMPLYTEST AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY US OR LAW ENFORCEMENT AUTHORITIES.

11. Intellectual Property Rights

11.1. Intellectual Property Ownership

SimplyTest and its parents, subsidiaries, affiliates, and licensors retain all rights, title and interest in and to the Kits, collection methods, testing methodologies, laboratory protocols, test reports formats and templates, reporting formats, testing materials, instructions, documentation, trademarks, trade names, know-how, trade secrets, inventions, data formats, software, Platform workflows, and other intellectual property used in or related to the Services. The name SimplyTest®, along with all names, product and service names, slogans, logos, designs, and all other source identifiers associated with SimplyTest or its parents, subsidiaries, affiliates, or licensors are trademarks or service marks of SimplyTest or its affiliates or licensors. You must not use such marks without SimplyTest’s prior written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

Unless otherwise expressly stated, the Platform and its entire contents, features, and functionality (including but not limited to all information, text, specifications, articles, software, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by SimplyTest, its parents, affiliates, subsidiaries, or licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws, irrespective of whether a copyright symbol or statement is present.

11.2. Limited License to Use Platform

SimplyTest grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license to access and use the Platform solely for purposes authorized by these Terms, including placing orders, participating in the Services, managing your Account, and accessing content made available through the Platform. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, reverse engineer, decompile, disassemble, or transmit any of the material on the Platform, except to access the Platform and participate in the Services consistent with these Terms. If we provide you with a link to download certain resources or materials from the Platform, then you may do so; however, you are expressly prohibited from further distribution, public performance, or public display of any materials downloaded or otherwise obtained through the Platform, regardless of whether we provide you with the ability to download such materials.

You must not:

Modify copies of any materials from the Platform or the Services; or

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform or the Services.

Notwithstanding the foregoing, except as otherwise expressly provided herein, the content published on the Platform may be reproduced in unmodified form for personal, non-commercial use only, provided that (a) all copyright, trademark, and other proprietary notices are retained in all copies, (b) such content is not modified or altered in any way, and (c) no content is used in a manner that suggests any association with or endorsement by SimplyTest. Any other use of the content, including but not limited to commercial reproduction, distribution, or republication, requires SimplyTest’s prior written consent.

Any permission granted to you by these Terms terminates automatically if you violate these Terms or our Privacy Policy. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

11.3. No Implied License; Feedback and Suggestions

You acknowledge and agree that these Terms and use of the Services do not confer on you or any other party any right to use SimplyTest’s or its parent’s, subsidiary’s, or affiliate’s graphic designs, copyrights, trademarks, trade dress, trade secrets, know-how or any other intellectual property owned or controlled by SimplyTest or its parents, subsidiaries, or affiliates that is not expressly granted in these Terms or in an applicable Agreement. No right, title, or interest in or to the Platform, the Services, or any content on the Platform is transferred to you. SimplyTest expressly reserves all rights in and to its intellectual property, including the right to pursue any and all legal remedies it may have if your breach of these Terms constitutes intellectual property infringement under applicable international, federal, and/or state law.

You may, from time to time, provide us with suggestions, ideas, enhancement requests, feedback and recommendations regarding our Services or our operations. You agree to and hereby do assign to us all of your proprietary rights in any and all such suggestions, ideas, enhancement requests, feedback and recommendations regarding our Services or operations.

11.4. Intellectual Property Infringement

SimplyTest’s policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on the Platform in a manner that constitutes copyright infringement, please provide a notice of copyright infringement identifying the original copyrighted work and the portions of the Platform that are claimed to be infringing such copyright using the information in the “Contact Information” Section of these Terms. If you wish to make any use of material on the Platform other than that set out in these Terms or are unsure whether a certain use of material would violate the Terms, please address your request as provided in the “Contact Information” Section.

12. Electronic Communications (Email and SMS/Text)

You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Platform or Services (collectively, “Communications”) through electronic means including, but not limited to: (a) email, using the email address that you provide to us or that is associated with your Account; (b) short messaging service (“SMS”) and text messages, using the mobile number that you provide to us; (c) push notifications, using the mobile number that you provide to us; (d) by posting the Communications on the Platform; or (e) through a payment link, payment setup workflow, or other Platform-enabled notification. The delivery of any Communication from SimplyTest is effective when posted on the Platform or sent by us, regardless of whether you read the Communication, when you receive it, or whether you actually open the delivered Communication. You can withdraw your consent to receive promotional Communications by email by selecting the “Unsubscribe” option. You can opt out of receiving future promotional Communications through phone or SMS and text message by replying “STOP” or by contacting SimplyTest directly using the information in the “Contact Information” section at the end of these Terms. Opting out of promotional Communications does not affect our ability to send you transactional or service-related Communications, including payment links, order confirmations, result-availability notices, Account alerts, or updates to these Terms. Should you choose to opt out of receiving Communications, but you continue to use our Platform and/or the Services, you are responsible for reading the content on our Platform regarding any policy changes.

13. No Reliance on Information Posted

The Platform may make available articles, reports, fact sheets, white papers, and other informational resources, including materials prepared by third parties, relating to medical conditions, screening, testing, and general health topics (collectively, “Informational Content”). Informational Content is provided for general informational purposes only and does not constitute medical advice, dental advice, diagnosis, treatment recommendations, or professional guidance of any kind. SimplyTest does not warrant the accuracy, completeness, timeliness, or usefulness of any Informational Content and is not responsible for the content or accuracy of any third-party materials made available through the Platform. Any reliance you place on Informational Content is strictly at your own risk. Nothing in this Section limits or disclaims the Services, Test Results, Collection Kit instructions, pricing, order details, or any other binding obligations under these Terms.

14. Third-Party Links; Linking to the Platform

The Platform may provide links to other websites that are not under the control of SimplyTest. SimplyTest shall not be responsible in any way for the content of such other websites. SimplyTest provides such links only as a convenience to the user of the Platform, and the inclusion of any link to any such websites does not imply endorsement by SimplyTest of the content of such websites or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does SimplyTest’s inclusion of the links imply that SimplyTest is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked website.

You may not link to this Platform without SimplyTest’s prior written permission. Anyone linking to this Platform must comply with all applicable laws and other requirements of SimplyTest for linking to this Platform.

15. Responsibilities and Liability

15.1. Laboratory and Payment Processing Services

We provide the Platform, Services and, under the Expanded Patient-Pay Model, payment management support services for the Consultation fee only. We do not:

Provide medical advice, dental advice, diagnosis, treatment, telehealth services or clinical follow-up.
By virtue of providing the Services establish a healthcare provider-patient relationship.
Practice medicine or dentistry, employ or supervise clinicians for clinical purposes, or establish a provider-patient relationship with any patient.
Recommend specific treatment protocols, determine medical or dental necessity, or guarantee any clinical outcome.
We only provide Test Results that a Medical Provider can interpret.

15.2. Medical Provider Responsibility

Medical Provider acknowledges that:

Medical Provider may only order Services within his/her scope of professional licensure.
Medical Provider must ensure that all orders for Services are medically necessary.
Test Results must be interpreted by qualified healthcare professionals and communicated to patients with appropriate clinical guidance and in a timely manner.
Clinical decisions, patient communications, informed consent, telehealth compliance, consultation completion and patient care are the sole responsibility of Medical Provider.
We are not liable for medical necessity, clinical outcomes, treatment decisions, patient dissatisfaction with Medical Provider’s Consultation, or disputes over Medical Provider’s professional services.

15.3. Disclaimer

OTHER THAN ANY EXPRESS REPRESENTATIONS AND WARRANTIES PROVIDED IN AN AGREEMENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ALL SERVICES PROVIDED BY SIMPLYTEST AND CONTENT ON THE PLATFORM ARE ON AN AS-IS, WITH-ALL-FAULTS BASIS, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO YOU OR TO ANY OTHER PERSON, AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICES, AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES OR PLATFORM OR USE OF ANY OF THE FOREGOING. OTHER THAN THE EXPRESS REPRESENTATIONS AND WARRANTIES PROVIDED IN AN AGREEMENT, TO THE FULLEST EXTENT PROVIDED BY LAW SIMPLYTEST DOES NOT REPRESENT OR WARRANT TO THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICES. FURTHER, SIMPLYTEST DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND SAFEGUARDS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR SECURITY, INCLUDING ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT.

15.4. Limitations of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SIMPLYTEST, ITS AFFILIATES AND THEIR OWNERS, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM OR THE SERVICES, ANY WEBSITES LINKED TO THE FOREGOING, OR ANY CONTENT ON THE FOREGOING, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, DAMAGE TO YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL RESULTING FROM YOUR USE OF THE PLATFORM OR ANY VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT THE FOREGOING IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE PLATFORM OR ITS CONTENT, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, THE SERVICES OR OUR WEBSITES LINKED TO THE FOREGOING EXCEED $1,000.00.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES OR PLATFORM MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL TO THESE TERMS, THE PLATFORM AND THE SERVICES AND THE SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATION.

15.5. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SIMPLYTEST, ITS AFFILIATES AND THEIR OWNERS, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO: (I) YOUR VIOLATION OF THESE TERMS; (II) YOUR USE OF THE PLATFORM OR THE SERVICES OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS; OR (III) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE, OR REGULATION IN CONNECTION WITH YOUR USE OF THE PLATFORM OR THE SERVICES. NOTWITHSTANDING THE FOREGOING, SIMPLYTEST RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY SIMPLYTEST, AND YOU AGREE TO COOPERATE, AT YOUR EXPENSE, WITH OUR DEFENSE OF SUCH CLAIMS.

15.6. Force Majeure

We shall not be liable for any delay or default caused by events beyond our control, including, without limitation, any acts of God, pandemic, epidemic, acts of suppliers or other third parties, acts of civil or military authorities, terrorism, fires, floods and other similar or dissimilar natural causes, riots, wars, sabotage, vandalism, embargoes, labor disputes, strikes, lockouts, delays in receiving any permits or licenses, delays caused by any laws, regulations, proclamations, ordinances, or any government action or inaction, delays caused by contractors and subcontractors, and any other cause or condition beyond our control, and the time for performance of our obligations hereunder shall be extended for a commercially reasonable period of time in the event of any delay or default for such cause(s).

16. Governing Law, State-Specific Terms and Disputes

16.1. Governing Law

All matters relating to the Platform, Terms or Services and any Dispute or claim arising therefrom or related thereto (in each case, including non-contractual Disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule.

16.2. Dispute Resolution and Arbitration

You and we expressly agree that any disputes arising out of your use of the Platform or regarding these Terms, the Services, the Privacy Policies, or any other controversy between you and us (a “Dispute”) will be exclusively resolved by final and binding arbitration by the American Arbitration Association (the “AAA”), under its Commercial Arbitration Rules (if you are a Medical Provider) or Consumer Arbitration Rules (if you are a Patient), except as modified below or otherwise agreed to by the parties in writing. You agree that the arbitrator selected to resolve the Dispute shall have exclusive authority to resolve all gateway issues of arbitrability, including, without limitation all issues of his/her own jurisdiction; all issues about the formation, interpretation, applicability, validity, or enforceability of this arbitration provision, the Platform, the Terms, the Services, or the Privacy Policies; all issues about what claims or disputes or parties are covered by this arbitration provision; and all substantive or procedural defenses to enforcement of this arbitration provision. You and SimplyTest expressly waive the right to file a lawsuit in any civil court against the other party for such Disputes, except to enforce an arbitration decision or to compel arbitration, or as otherwise set out herein. YOU AND SIMPLYTEST AGREE THAT YOU ARE GIVING UP AND WAIVING, TO THE FULLEST EXTENT POSSIBLE, ANY RIGHT YOU MAY HAVE TO A TRIAL BEFORE A JUDGE OR JURY. For the avoidance of doubt, this arbitration provision does not apply to any Dispute arising out of or relating to any separate Agreement between you and SimplyTest to the extent such Agreement contains its own dispute resolution provisions.
You and SimplyTest agree that, to the fullest extent permitted by law, and except as mutually agreed by the parties in writing, you may bring claims only in your individual capacity, on an individual basis, and not as a plaintiff or class member in any purported class, collective, non-individual, mass or representative proceeding. You and SimplyTest agree and intend that any Dispute as to the applicability of this arbitration provision shall be exclusively and finally determined by an arbitrator, and not by any court.
The arbitration will be governed by the laws of the State of Alabama. Unless otherwise required by applicable law or the applicable AAA rules, arbitration will be held in Huntsville, Alabama and you agree to be subject to personal jurisdiction there, waiving any jurisdictional, venue or inconvenient forum defenses or objections to those courts.
The Dispute will be heard by a single arbitrator mutually agreed upon by you and us. If we are unable to agree on an arbitrator, the arbitrator will be selected in accordance with the rules of the American Arbitration Association. The proceedings and outcome of any arbitration pursuant to these Terms shall be confidential and documents exchanged between us may not be used or shared outside of the arbitration process. To the fullest extent of the law, the arbitrator may award declaratory or injunctive relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim, and the arbitrator may not award relief for, or on behalf of, anyone who is not a party to the proceeding. If you are a Medical Provider, you and SimplyTest will share all fees associated with the arbitrator equally, and the party initiating the arbitration will pay any filing or case initiation fees. If you are a patient, arbitration fees and costs will be allocated in accordance with the applicable AAA Consumer Arbitration Rules.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; and/or (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; then you and SimplyTest agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court with jurisdiction over Huntsville, Alabama, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either you or we may assert an individual action in small claims court with jurisdiction over Huntsville, Alabama for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.

16.3. Attorney Fees

The prevailing party in any Dispute shall be entitled to recover reasonable attorneys’ fees and costs to the extent not prohibited by applicable law.

16.4. State-Specific and Patient-Specific Exceptions

SimplyTest may operate in certain states that impose additional or different requirements for laboratory services, patient notices, payment processing, refunds, arbitration, venue, class waivers or consumer disclosures. Any state-specific terms, notices, carve-outs, or restrictions required by applicable law are incorporated into these Terms to the minimum extent necessary to comply with that law, and any conflicting provision will be reformed or limited to the extent necessary to make it enforceable.

17. Miscellaneous

17.1. Entire Agreement

These Terms, the Privacy Policy, the Health Data Policy, together with any applicable click-through acknowledgments, Platform disclosures, payment setup terms, order confirmations, payment links, Agreements (as applicable) and organization-level contracts, constitute the entire agreement between you and SimplyTest regarding the Platform, ordering, billing, payment and Services, except to the extent a separate written Agreement with SimplyTest expressly controls a specific subject matter. To the extent of any conflict between these Terms and Conditions and the Privacy Policy on matters relating to the collection, use, disclosure, or protection of personal information, or the exercise of data privacy rights, the Privacy Policy shall control. For all other matters, these Terms and Conditions shall govern.

17.2. Waiver and Severability

No waiver by SimplyTest of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SimplyTest to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by an arbitrator, court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

17.3. Amendment of Terms

We may modify these Terms at any time by posting updated terms on our website, presenting updated terms in the Platform, requiring updated click-through acceptance, sending notice by email, or using another legally effective notice method.
You agree to review these Terms periodically for any changes. All changes are effective immediately when we post them and apply to all access to and use of the Platform and the Services thereafter. We will provide notice of material changes to these Terms where required by applicable law.
Accessing the Platform, setting up payment, sending a payment link, placing an order, clicking to accept updated terms or continuing to use the Platform and/or Services constitutes acceptance of any modified Terms.

17.4. Contact Information

For questions, billing disputes, or support:

Alimetrix, Inc. d/b/a SimplyTest
800 Hudson Way NW
Huntsville, AL 35806

Email: info@simplytest.com
Phone: 877.467.5925