These terms only apply to Wild Health Precision Care. They do not apply to in-person services, the Precision Medicine Training Program, or for any other services provided by Wild Health.
If you receive access to Wild Health Precision Care through your employer, then you may be subject to additional terms and conditions.
Last Revised: May 31, 2023
Welcome to Wild Health Precision Care by Wild Health, Inc. (“Wild Health” or “we”), where we take an integrated and holistic approach to help you optimize your wellbeing and maximize your health span!
You should regularly check these Terms for changes, and if we update the Terms, your continued use of the services indicates your consent to the updated Terms. We will endeavor to inform you of material changes to these Terms that affect our services to you by the email we have on record.
PLEASE CAREFULLY REVIEW THE FOLLOWING SECTIONS OF THESE TERMS: (A) DISPUTE RESOLUTION/ARBITRATION AGREEMENT, INCLUDING THE CLASS ACTION WAIVER DESCRIBED THEREIN, IN SECTION 12, (B) LIMITATION OF LIABILITY IN SECTION 9, (C) INDEMNIFICATION/RELEASE IN SECTION 10, AND (D) TELEHEALTH CONSENT IN SECTION 4.
- SCOPE OF SERVICES
Through Wild Health Precision Care, you will receive access to health coaches, licensed healthcare providers, care coordinators, genetic and lab tests, and a Personal Health Report. You may also receive access to content, educational materials, reports, videos, and courses (collectively, “Content”). We provide these services through a suite of online technology that includes our proprietary platform Wild Health Clarity™ (collectively, the“Platform”) and our various delivery partners, including CLIA-certified labs and test manufacturers. The Platform receives information from your devices and other applications, and connects you to our care coordinators, coaches, and providers. Our Platform is accessible on our website and our mobile apps.
Wild Health Precision Care, the Platform, Content, and any program, product, or any other good or service offered through Wild Health Precision Care are collectively referred to as the “Services.”
Wild Health provides the non-clinical Services, including your care coordination team, health coaching, and the Platform. Our partner entities and providers provide the clinical services, as further described in Section 1(B).
Use of AI: You understand and acknowledge that health coaches may use internally developed artificial intelligence tools (“AI Tools”) as a resource when providing health coaching services. The health coaches will not use the output of the AI Tools as a substitute for their independent judgment, and the health coach is ultimately responsible for any recommendations, advice, or any other information.
Any written advice or analysis that may be provided as part of the Services, including in the Personal Health Report, Platform or in Content, is for informational purposes only and is not intended alone to replace or substitute any medical or other advice.
It is recommended that you consult with an appropriately trained and qualified medical services provider prior to enacting any suggestion that may be contained in the information available in the services.
A. What to Expect
After signing up directly with us, you may be asked to provide certain information about yourself to help us understand your lifestyle and goals a little bit better. Shortly after you provide this information, you will receive a Wild Health Genetic Test Kit by mail. Please follow the instructions you receive to perform the test(s) and have them processed.
After your tests have been processed, you will be able to access the test results on our Platform. You may also virtually meet with one of our WH Clinicians (defined in Section 1(B)) who will review your test results, health goals, genomics, and your Personal Health Report, a detailed report that uses your lifestyle factors, test results, and health goals to provide wellness and lifestyle recommendations, including about nutrition, exercise, and recovery. You may have access to further physician consultations, subject to additional costs based on your subscription.
You will be able to virtually meet with one of our health coaches. Your health coach will help you achieve your health and wellness goals and is a main part of your care team. You agree that you will not use these health coaching services unreasonably and only as reasonably required to achieve your health goals.
You may also be able to purchase basic lab panels at any point in your journey with us, including at the time of your initial purchase. A licensed healthcare practitioner will then order them for you, if appropriate. You will then be provided instructions on how to receive and perform the lab panels.
Finally, we will endeavor to make sure you always have reasonable access to your care coordination team, our Platform, and our support team. We may also provide you Content through the Platform and additional products and services through your purchase of the Services, which may be subject to additional terms and conditions.
For Employer Sponsored Memberships: You will be entitled to only certain Services within the scope of services your employer has contracted for with Wild Health. Upon the completion, termination or expiration of the employer sponsored Services, you may elect to continue receiving Services with Wild Health through the then-current offerings and/or subscriptions from Wild Health, subject to these Terms.
B. Clinical Services
Wild Health contracts with separate entities (including, without limitation, Wellington Provider Group, P.C., Wellington Provider Group of California, P.C., Wellington Provider Group of Kansas, P.A., and Wellington Provider Group of New Jersey, P.C.) to engage independent physicians and other licensed clinicians (“WH Clinicians”) to provide the clinical services to you.
All WH Clinicians performing clinical services through the Platform hold the required professional licenses issued by the applicable licensing boards or agencies in the states where they practice. Wild Health, Inc. is not responsible for any clinician’s acts or omissions, or for the content of any communications made by a WH Clinician through the Platform, including without limitation any medical advice, course of treatment, or diagnosis.
You can report a complaint to us at firstname.lastname@example.org. In addition, you can report a complaint relating to the healthcare provider by contacting the professional licensing board in the state where you primarily receive care.
Wild Health, Inc., including its health coaches, does not provide or practice medical or nursing services.
You understand and acknowledge that although some of our health coaches have had formal medical provider training, their scope of practice at Wild Health is limited to that of a health coach facilitating each patient to develop and achieve self-determined goals related to health and wellness as described by the National Board for Health and Wellness Coaching. Coaches do not diagnose, treat, prescribe medications or interpret medical laboratory or imaging results. You understand that only a WH Clinician can perform those activities.
To use the Services, you must (1) be at least 18 years of age, (2) register for an account (3) accept these Terms, and (4) consent to receive telehealth services.
By seeking care from WH Clinicians through the Services, you give permission to the WH Clinicians to provide clinical services to you. Each Wild Health and the WH Clinicians may accept or reject any applicant for the Services in its sole discretion. In certain situations, we or the WH Clinicians may determine based on clinical or other factors that the Services are not appropriate for you, and we reserve the right to terminate the Services . You should seek medical advice from a qualified professional before using the Services if you have a pre-existing medical condition that may impact your ability to use the Services.
- Payment, Cancellation, and Refunds
Your membership fee applies to the non-clinical Services and one annual consultation with a WH Clinician, unless otherwise agreed to by us.
Any further consultations with your WH physician may be subject to additional fees and terms and conditions. We may accept certain payments from certain health insurance plans for medical services. Please check with us if you have any questions about insurance.
For Employer Sponsored Memberships: Individual membership fees will only apply if the employee/member elects to continue services after termination or employee sponsorship ends or elects services above and beyond that which the employer has agreed to cover.
A. Minimum Commitment
Notwithstanding anything to the contrary herein, you agree and acknowledge that by enrolling in Wild Health Precision Care, you commit to purchasing at least four months of the Services (the “Minimum Commitment”). Accordingly, if you choose to cancel the Services, you will not be refunded for the Minimum Commitment.
For Employer Sponsored Memberships: The minimum commitment will apply if the employee/member elects to continue services after termination or employee sponsorship ends or elects services above and beyond that which the employer has agreed to cover.
B. Termination, Cancellation and Cancellation Procedures
You may also cancel the Services at any time, subject to the Minimum Commitment and Cancellation Procedure outlined in these Terms. If we receive a proper notice of cancellation at least three (3) business days before the monthly anniversary of your date of purchase, then your access to Wild Health Precision Care will terminate on the first day of the next month. If we receive a proper notice of cancellation less than three (3) business days before the monthly anniversary of your date of purchase of Wild Health Precision Care, then your access to Wild Health Precision care will terminate on the first day of the month after the next month.
Unless otherwise contemplated by these Terms, you will not be required to pay for services after the date of termination. If you have purchased an annual subscription or another membership where you paid in advance for the services, you will be refunded any prepaid funds after the termination date.
Your Cancellation Procedure
You must (1) provide written notice to your care coordination team (including through the Platform) or (2) email email@example.com with the subject line: CANCELLATION NOTICE - WILD HEALTH PRECISION CARE. You must include your name and email address registered on your account.
Refunds are provided to you at our sole discretion but we will endeavor to provide you with a reasonable refund, where appropriate. Except for the Minimum Commitment, if you purchased an annual subscription or another membership where you paid in advance for the services, you will be refunded any prepaid funds after the termination date
You also acknowledge and agree that we will not provide you a refund for any clinical service or payment for such, including but not limited to any clinical service billed through insurance, except as required by applicable law.
- License and Acceptable Use
When you register for the Services, you receive access to our Platform, our Content and become part of the Wild Health community.
A. License Grant
Subject to these Terms, Wild Health grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license for the sole purpose to use the Services, including the Platform, for your own personal use only and not for any business purpose or commercial activity. We may suspend or terminate your access to the Services if you breach these Terms or for any other commercially reasonable reason.
You may not copy, transfer, redistribute, or sublicense the Services, including the Platform and Content, unless you obtain our prior written permission.
B. Acceptable Use Policy
To protect our Platform and ensure that we may provide the Services to you, we require all users to comply with acceptable use requirements. We may suspend or terminate your access to the Services and Platform if you breach these Terms, including this Acceptable Use section, or for any other commercially reasonable reason. By accessing the Services, and all features and functionalities associated therewith, you that you agree to:
- Provide accurate and complete information and keep your payment information up-to-date;
- Comply with all applicable laws, rules, regulations, or other restrictions on use of the Services;
- Comply with these Terms and not act in manner in violation of Wild Health policies and instructions;
- Create, access, and/or use only one user account, unless expressly permitted by Wild Health;
- Not share access to your account or access information for your account with any third party, unless permitted by Wild Health;
- Maintain the confidentiality and security of your username and password, and immediately notify us of any unauthorized use of your account;
- Not circumvent, disable, remove, deactivate, thwart, breach, or otherwise interfere with security-related features of the Services, including by using bots, crawlers, spiders, data miners, scraping, or other tools;
- Not interfere with, disrupt, damage, or compromise the Services or the systems used to provide the Services, including using viruses, denial-of-service attacks, packet injection, or by imposing unreasonable load on the Services;
- Not assist or permit any third party to do anything prohibited by these Terms;
- Not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale the Services, including Platform or Content. For avoidance of doubt, this does not apply to your personal health information and personal information;
- Not attempt to probe, scan or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures;
- Not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
- Not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity;
- Not use, display, “frame” or “mirror” any part of the Services, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us;
- Not provide any inaccurate, incomplete, false or misleading information, including regarding your identity or medical condition, when using the Services;
- Not assist or permit any person to engage in any of the activities described in this Section;
- Not seek care when you are physically outside the United States of America;
- Not seek care for an issue or injury arising from a Worker’s Compensation claim. At this time, Wild Health does not treat patients presenting with issues or injuries related to Workers’ Compensation as outlined by the U.S. Department of Labor;
- Not seek care for any medical emergencies. IF YOU ARE HAVING AN EMERGENCY CALL 911 OR YOUR LOCAL EMERGENCY NUMBER; and
- Not harass, insult, abuse, intimidate, bully, or engage in inappropriate conduct, including without limitation in connection with a health coach, care coordinator, Wild Health employee, or WH Clinician.
Further, you agree that you have reached the age of majority in the state or province in which you reside and you are able to create a binding legal obligation.
- Consent to Treat; Telehealth Consent
By using Wild Health, you consent to be treated using remote, electronic communications, including through the Platform and through online messaging, chat, audio, or video. You consent to other aspects of telehealth including but not limited to electronic transmission of medical records and/or personal health information (“PHI”), photo images, genomic data, and data from remote monitoring devices, medical devices and other wearables. You agree to be cared for by a WH Clinician in visits that will be conducted remotely or virtually, and not in-person. You understand that there are inherent risks and benefits to virtual care that include risks of a medical provider's ability to comprehensively assess and accurately diagnose an illness, disease, or injury using digital technology and limitations in some health screening tests.
You consent to genomic testing in order to guide your care, which is the study of how small differences in each individual's DNA can impact health. Wild Health at this time does not provide genetic counseling, which is the study of single gene mutations which are specifically linked to disease. When necessary, a Wild Health provider will refer you to a genetic counselor that may or may not be affiliated with Wild Health.
Before participating in each telehealth visit, you agree to accurately provide the state you are physically located in. You acknowledge that you can have a visit only with a medical provider that is licensed in the state that you are located in at the time of the visit.
You understand that Wild Health cannot guarantee that you are assigned to a specific WH Clinician for your care at any time and that your assigned providers may change over the course of your subscription to Wild Health.
During your care and visits you consent to the following:
- Photos, data, audio and/or video may be recorded;
- Virtual examination of you;
- Details of your medical information may be discussed with your WH Clinician using electronic technology;
- Additional medical providers or non-medical providers may join your visit to assist with care.
You may withhold or withdraw consent to Wild Health at any time without affecting your right to future care or treatment.
- Consent to Receive Communications
You agree that Wild Health and the WH Clinicians may contact you regarding the Services or any related services that you inquire about through our website or mobile application. You consent to receive such communications electronically including, appointment reminders, confirmation emails, questions about scheduling or services, and health team communications.
You represent that you provided an up-to-date email and phone number that are yours, and that you consent to receive texts or emails about the Services you receive to the addresses and numbers provided.
Your consent to conduct actions electronically covers all interactions between you and Wild Health. If you later decide that you do not want to receive certain future communications electronically, please contact us via the contact information listed below. You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Wild Health. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.
Wild Health will need to send you certain communications electronically regarding the Services, from which you may not opt out without discontinuing the Services. These communications include notifications of updates to the Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of these Terms. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you. Keep in mind that if you opt out of receiving transactional text messages from us you may not receive important and helpful information and reminders about your appointments.
A. Marketing Communications
By providing your email and accepting our terms, you may also receive marketing-related communications from Wild Health, such as updates, offers, promotions and educational content. You may also choose to consent to marketing text messages when signing up, in which case you authorize Wild Health to send automated marketing communications to the number you provide. You understand that consent to marketing communications is not required to make a purchase. If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe option in the promotional email itself.
B. Text Messaging Communication Policies
Message and data rates may apply for text messages that you receive. To stop receiving text messages, text the word STOP from the mobile device receiving the message.
C. Updates or Legal Disclosures
You agree that Wild Health may send the following to you by email or by posting them on our website and mobile application:
- legal disclosures;
- these Terms;
- Any other notices, policies, communications or disclosures and information related to the Services.
- Access and the Use of the Internet
While we use reasonable efforts to keep the Services and your account accessible, the Services and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Service access, access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
You are responsible for the equipment necessary to access the Services, such as a computing device, an internet connection, and a web browser. The use of the internet carries certain risks. We are not responsible for the security or availability of the internet or any problems you may have relating to the delay, failure, interruption, or corruption of any data or information transmitted in connection with your use of the Services.
- DISCLAIMER OF WARRANTIES; NO ENDORSEMENT OF 3RD PARTIES
WE PROVIDE THE SERVICES TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, WILD HEALTH, WH CLINICIANS, AND SUBCONTRACTORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, OPERABILITY, CONDITION, OR ACCURACY OF DATA.
No Endorsement of Third Party Products or Services. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THE WEBSITE OR MOBILE APPLICATION DOES NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES BY WILD HEALTH UNLESS SPECIFICALLY STATED OTHERWISE.
No Endorsement of Third Party Websites. The Services may contain links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or regarding any use of or reliance on any content,Products, or services available on or through any such linked site or resource.
- LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, NEITHER WILD HEALTH,THE WH CLINICIANS, NOR OTHER CONTRACTORS PROVIDING SERVICES TO YOU, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH WILD HEALTH PRECISION CARE (“CONTRACTORS”) SHALL BE LIABLE FOR ANY SPECIAL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY AND WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER WILD HEALTH NOR THE WH CLINICIANS NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES IS LIABLE FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF DIRECT DAMAGES FOR WILD HEALTH, WH CLINICIANS, OR ITS CONTRACTORS EXCEED $1,000 USD.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT WILL WILD HEALTH, WH CLINICIANS, OR ITS CONTRACTORS BE LIABLE FOR ANY DAMAGES CAUSED BY YOUR, OR ANY THIRD PARTY’S, ACTS OR OMISSIONS. THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
You agree to indemnify and hold harmless Wild Health and WH Clinicians, their Contractors, and their owners, affiliates, officers, directors, managers, and employees from and against any claims, actions, demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees and other expenses, that arise directly or indirectly out of or from (1) your violation of these Terms, (2) your activities in connection with use of the Services, or (3) your receipt of clinical services from a clinician through the Services. You agree to cooperate as reasonably required in the defense of any such claim.
- Governing Law and Venue
These Terms are governed by the laws of the State of New York. Any claims not subject to arbitration will be subject to the jurisdiction of the courts of the State of New York.
- Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If a dispute arises between you and Wild Health, we will do our best to resolve the dispute amicable and to mutual satisfaction. If you have concerns about the Services, you agree to first contact us at the contact information below to allow us to resolve the concern.
If we are unable to resolve your concern and you wish to continue to pursue the dispute, then you agree to resolve it through final and binding arbitration subject to the terms of the Federal Arbitration Act, except if (i) the dispute qualifies for a small claims court claim, (ii) you and Wild Health bring a suit in court for a claim of infringement or misuse of intellectual property, or (iii) your claim qualifies to be brought to a relevant government agency that may seek relief against us on your behalf.
Any arbitration between you and us will be conducted by the American Arbitration Association in accordance with the AAA expedited procedures. The arbitrator will have the exclusive authority to resolve all disputes and will have the authority to grant whatever relief would be available in a court under law or in equity. The arbitrator’s decision will be binding on you and Wild Health, and may be entered as a judgment in any court of competent jurisdiction.
You agree that any disputes between you and Wild Health will be conducted on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. If any court or arbitrator determines that the foregoing class action waiver is void or unenforceable or that the arbitration can proceed on a class basis, then Wild Health may determine not to arbitrate.
This dispute resolution section survives any termination of your account or the Services.
- Digital Millennium Copyright Act
If your use of the Services allows you to post content through the Services (for example, through a message board), you agree to comply with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on our websites infringe your copyright, you (or your agent) may send us a notice in the following manner:
Wild Health, Inc.
Attn: Infringement Agent and Legal Department
535 Wellington Way Suite 330
Lexington, KY 40504
In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Website, currently located at https://www.loc.gov/copyright. In accordance with the DMCA, we have designated an agent to receive notification of alleged copyright infringement.
Any written notification of claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Wild Health via the methods described in this Section.
- Force Majeure
Wild Health and WH Clinicians shall be excused from performance under these Terms of Service, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines, pandemics, or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Wild Health or its Contractors.
- Entire Agreement
If you have not signed a separate agreement with Wild Health (such as an in-person treatment patient consent), these Terms, including all documents incorporated herein by reference, state the entire agreement between you and Wild Health, and between you and the WH Clinicians.
- Contact Us
You may contact us in connection with these Terms at the following address, email address, and phone number:
535 Wellington Way Suite 330
Lexington, KY 40504