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Terms of Use

Terms of Use

Optimal DX, Inc. (“Optimal DX”, “we”, or “our”) is pleased to offer this site, https://my.OptimalDX.com (this “Site”). The term “Site” includes: (a) all content, information, tools, reference materials, and other services contained or available on, or created or produced by, this Site, including without limitation by or through the software-as-a-service made available by Optimal DX; (b) the version of the software-as-a-service accessible on this Site by registered members (the “Software”); and (c) all reports generated through the Site or Software (“Reports”).

This Site is an educational tool and is to be used only by Health Professionals (“Health Professional” means a licensed (if required by law) person who uses our services to enhance the care provided to patients under their care). This Site should be considered as adjunctive support to diagnostic medicine and is not intended to be, nor should it be construed as, a claim or representation that any treatment, process, or interpretation constitutes a cure, palliative, or ameliorative. This Site is not for the purpose of medical diagnoses or treatment, nor is it a substitute for medical or professional care or counseling. This Site does not constitute an attempt to practice medicine.

We invite our members to enjoy all the features this Site has to offer, but like other sites, we require that you agree to the following terms and conditions of use, as amended from time to time (these “Terms of Use”). Your access and use of this Site confirms your assent to be bound by the terms and conditions of these Terms of Use. If you are not willing to accept the terms and conditions in these Terms of Use or any modifications or amendments to these Terms of Use, or if you become dissatisfied with any services provided by or through this Site, please immediately stop using this Site. Failure to abide by these Terms of Use may result in the immediate termination of your access to this Site, without refund or recourse.

Privacy Policy

We also have a privacy policy, which you can access at https://optimaldx.com/privacy-policy (the “Privacy Policy”). The Privacy Policy is a part of and is incorporated by reference into, these Terms of Use. Please review the Privacy Policy before using this Site.

Use of Third-Party Services and Referral Tools

  • Third-Party Analysis Services. We may engage third-party analytics and AI Systems (such as large language model providers and other AI Systems) to process or analyze anonymized data collected through this Site. “Anonymized data” means any information that does not include personal identifiers and cannot reasonably be used to identify an individual. The purpose of this sharing is strictly limited to enhancing our platform functionality, generating statistical insights, or otherwise improving the services we offer. By using this Site, you acknowledge and agree that anonymized data may be transmitted to these third-party providers. For more information about how we handle data, please review our Privacy Policy.
  • Aggregated Cohort Reporting. We may also combine anonymized data across different practices or users to create aggregate reports. These reports help us evaluate broader trends (for example, average biomarker results by age group or gender). At no time is patient-identifiable information shared in these group reports, and we do not disclose individual patient information directly between different practices in a one-to-one manner.
  • Third-Party Referral Tool. We use a third-party referral tool to facilitate certain referrals or external connections made through this Site. Although we strive to partner with reputable providers, we do not control or guarantee their services, actions, or omissions. You understand and agree that your use of any third-party referral tool is entirely at your own risk, and we are not responsible for any third-party acts, errors, or failures to perform. Any personal data processed by this referral tool is handled in accordance with our Privacy Policy and applicable data protection laws.

Changes to the Terms of Use

We reserve the right to change, amend, or modify the Terms of Use at any time by posting any new Terms of Use on this Site. Unless it expressly says otherwise, all changes, amendments, or modifications take effect immediately upon being posted on this Site. Accordingly, it is important for you to return to this page to review the Terms of Use on a regular basis to keep yourself apprised of any changes. Your use of this Site following the posting of changes constitutes your acceptance of any such changes. We will endeavor to provide you notice of materially significant changes to these Terms of Use.

Eligibility: Restricted to Health Professionals

The use of and access to this Site is restricted to Health Professionals only; use by any other persons is strictly prohibited.

International Use and Data Compliance

Optimal DX is a U.S.-based service, and all data uploaded to or processed by the Site and the Software is stored on secure servers located in the United States. Users who access or use the Site and the Software from jurisdictions outside the United States are solely responsible for ensuring that their use of the Site complies with all applicable laws and regulations in their jurisdiction, including any data-localization, cross-border transfer, or patient-data handling requirements.

By using the Site, you acknowledge and agree that Optimal DX does not represent or warrant compliance with non-U.S. data residency or privacy requirements and that you, as the user or account holder, are responsible for obtaining any necessary approvals, consents, or exemptions from your local regulators before uploading or transmitting personal or patient information to the Site and the Software.

Member Account

In order to receive the benefit of this Site, you must register as a member and maintain an active subscription. When you choose to become a member of this Site, you will be redirected to a third-party website in order to initiate payment for your subscription and activation of your member account. The third-party site will ask you for your payment information and certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, and your billing address. Please note that verification may be required prior to the acknowledgment or completion of the transaction. Once your payment information is verified you will be returned to this Site and be asked to supply personal information related to your status as a Health Professional such as your name, credentials and certifications, license numbers, and jurisdiction(s) of licensure. Prior to the granting of access to this Site, Optimal DX will review that the information you provided was correct and accurate in all respects. If for any reason you are denied membership as part of the initial registration process, which may be denied by Optimal DX in its sole discretion, you will not be charged for a member account.

By registering as a Member, you expressly represent and warrant to Optimal DX that:

  • You understand and agree that this Site:
    • is meant to be an educational tool;
    • is to be used only by Health Professionals;
    • should be considered only as adjunctive support to diagnostic medicine;
    • is not intended to be, nor should it be construed as, a claim or representation that any treatment, process, or interpretation constitutes a cure, palliative, or ameliorative;
    • is not for the purpose of medical diagnoses or treatment;
    • is not a substitute for medical or professional care or counseling, and does not constitute an attempt to practice medicine.
  • You are a Health Professional, currently licensed in each applicable jurisdiction in which you practice.
  • You will not disclose or provide any Report as designated in the Software as “Practitioner Only” and produced using this Site to any patient or client.
  • Your use of this Site and any Reports generated by this Site are for your use only. You will input data into the Software on your patients or clients only.
  • You agree not to input lab data into the Software for other Health Professionals and agree not to sell Reports generated by the Software to other Health Professionals for their use with their patients or clients. Such use is a direct violation of these Terms of Use.
  • You understand that the Software is designed to process lab test data from patients and clients aged 18 years and older only. It is NOT designed to process the lab data for children or pediatric cases. Adding a patient or client to the Site that is not 18 years of age or older is a direct violation of these Terms of Use.
  • You agree to comply with these Terms of Use and to be legally bound by them, you agree to comply with all applicable laws related to your use of this Site, and you have the legal right to use any credit card(s) utilized in any transaction.
  • You are at least the age of majority in the jurisdiction where you reside and are legally able to agree to these Terms of Use.
  • You will at all times, keep your login information and password secure and safe, you will not share such information or password with any other person, for any purpose, and you will promptly notify us if you suspect such information is obtained or utilized by any other person.
  • You will not interfere with any other person’s use and enjoyment of this Site or interfere with or attempt to gain unauthorized access to this Site, its server, or any accounts, or computer systems, through hacking, password mining, or any other means.
  • You understand that while Optimal DX endeavors to use secured systems for information storage, and certified third-party credit card processors to securely process your credit card information, given the possibility of the unlawful interception of information and communications, Optimal DX cannot promise and you should not expect that such information you provide will always remain private or secure.
  • You understand that Optimal DX cannot guarantee third-party compliance and shall not be responsible in any way for the acts of third parties with respect to your personal or credit card information. You release Optimal DX from any and all liability or responsibility for the acts or omissions of third-party recipients of your personal or credit card information.
  • You understand that Optimal DX may disclose in any form, including in electronic form, any information that is required by law to be disclosed regarding your use of this Site.
  • You agree to ensure that any information provided to Optimal DX is up to date throughout the entire term of your membership.
  • You have all right, title, and interest to and in any logo, or other images, uploaded by you to the Site.
  • You understand that, upon the cancellation of your paid subscription, your account may be converted to a limited access Free account, which still gives you access to your data.
  • You understand that it is your responsibility to contact Optimal DX if you would like your account and all your patient data deleted upon the cancellation of your subscription.
  • You understand that all patient-identifiable data in the database, including all lab test data, are highly encrypted. You also understand that we do not make that data available for export.
  • You understand and agree that Optimal DX may, in its sole discretion, terminate or suspend your member account, and remove and discard any information related to your member account, including without limitation any information you enter on or upload to the Site, immediately and at any time following: (a) any violation of these Terms of Use, or the spirit of these Terms of Use, by you or otherwise through your computer or member account; and (b) your failure to make payment for your member account. Further, you release Optimal DX from any and all liability to you or any third-party for any termination or suspension of your member account or access to this Site.

General Restrictions

This section contains general restrictions, including restrictions on the use of AI Systems (defined below). The obligations in this section survive termination, expiration, or cancellation of your member account and these Terms of Use indefinitely with respect to any Restricted Materials accessed or generated during the term of your account. Incidental presence of AI Systems in your clinical workflow that do not capture or retain the Report content (such as AI-assisted transcription of unrelated portions of an encounter, calendaring, or meeting summarization that does not include the Report content) is not, by itself, a violation of this section.

Definitions.

“AI System” means any artificial intelligence, generative AI, large language model, foundation model, machine learning system, neural network, expert system, retrieval-augmented generation system, vector database, embedding model, agentic system, or any successor or analogous technology, whether commercial, open-source, or self-hosted, and whether used directly, through an API, through an intermediary application, or through any “project,” “custom GPT,” “agent,” workspace, knowledge base, or comparable feature.

“Restricted Materials” means the Site and any portion thereof, including without limitation the Software, the Functional Health Reports, all “Practitioner Only” content, narrative interpretations, scoring outputs, scoring algorithms, pattern recognition logic, biomarker commentary and reference ranges, the Blood Reference Guide, dashboards, templates, recommendations, and any other content, output, or material made available, generated, or displayed on or through the Site, in each case, whether in original, modified, paraphrased, summarized, restructured, transformed, encoded, redacted, anonymized, or derivative form.

As used in this section, “you” includes the member Health Professional and any of your employees, contractors, agents, and any AI System or other person or process accessing the Site through your account, using your credentials, or using data obtained from your account.

Restrictions

You will not, and will not permit any person, employee, contractor, agent, or AI System acting on your behalf or using your account, data, or credentials to, directly or indirectly:

  • transmit anything that contains viruses, or any of the many similar software or programs that may damage the operation of this Site, the Software, or any other person’s property;
  • modify or attempt to modify the underlying code, infrastructure, or technical components of this Site or the Software (excluding configuration of features intended by Optimal DX to be user-configurable);
  • reproduce, duplicate, sell, resell, license, sublicense, distribute, publicly display, or commercially exploit the Intellectual Property (defined below), except as expressly permitted by these Terms of Use and as necessary for the use of Reports with the patients to whom they pertain;
  • gain access to the Site or Software source code, or the server(s) on which it resides or by which it operates;
  • decompile, disassemble, reverse engineer, or otherwise attempt to discover any source code, object code, or other data, information, or components that make up this Site, the Software, or the Reports generated by the Software;
  • copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, transmit, or distribute, all or any portion of the Software or the Reports generated by the Software, except as necessary for use of a Report with the patient to whom it pertains or for sharing a Report with another health professional treating that same patient for that patient’s care;
  • provide, upload, ingest, transmit, expose, embed, index, or otherwise make available any Restricted Materials to any AI System for any purpose, including without limitation: (a) training, pre-training, fine-tuning, distillation, reinforcement learning, alignment, or evaluation of any AI System; (b) use as few-shot examples, in-context examples, prompt templates, or prompt libraries; (c) ingestion into any knowledge base, vector store, embedding index, retrieval-augmented generation system, “project,” workspace, or custom assistant; or (d) generation of synthetic data, training labels, or ground truth;
  • use any AI System or other means to extract, infer, replicate, approximate, or reverse-engineer Optimal DX’s interpretive methodology, scoring algorithms, pattern recognition logic, optimal ranges, or clinical commentary;
  • use the Restricted Materials, or any AI System informed in any part by the Restricted Materials, to develop, produce, generate, train, market, distribute, license, sell, or otherwise make available any report, dashboard, template, software, model, dataset, prompt library, knowledge base, agent, plug-in, custom assistant, or service that competes with, is substitutable for, or constitutes a derivative of any portion of the Site, including without limitation any functional health reporting tool, biomarker interpretation tool, or blood-chemistry analysis tool; or
  • assist any other Person in attempting to do any of the foregoing.

PHI Reminder. You acknowledge that uploading or transmitting any patient-identifiable information to a third-party AI System without an appropriate Business Associate Agreement and patient authorization may independently violate the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), state privacy law, and the Privacy Policy, and you remain solely responsible for such compliance.

Remedies. You acknowledge and agree that any breach of this section involving Restricted Materials, the Intellectual Property, the source code or object code of the Site or Software, or any AI System will cause Optimal DX immediate and irreparable harm for which monetary damages would be inadequate. Notwithstanding anything in these Terms of Use to the contrary, Optimal DX is entitled to seek temporary, preliminary, and permanent injunctive and equitable relief in any court of competent jurisdiction, without the necessity of posting bond or proving actual damages, in addition to all other available remedies. Optimal DX will have all rights and remedies available at law or in equity, including disgorgement of any AI System, dataset, model, prompt library, knowledge base, fine-tuning artifact, embedding index, or derivative tool created, trained, or developed in violation of this section, and all copies thereof. Upon Optimal DX's reasonable written request, you will provide reasonable cooperation in confirming compliance with this section.

Inactive Accounts

Optimal DX reserves the right to terminate an account that has remained inactive for over 6 months. Inactivity is defined as the absence of blood test entries into the Software. Once an account is closed, it is a permanent action, and reactivation will not be possible.

Blood Reference Guide

The Blood Reference Guide located on the Site, at https://my.optimaldx.com/clinical-tools/blood-reference-guide/494, is provided for convenience only, as a reference material, and under license from the Copyright holder of the work: Blood Chemistry and CBC Analysis - Clinical Laboratory Testing from a Functional Perspective, authored by Dicken Weatherby, N.D., Copyright 2026 Weatherby & Associates, LLC.

Proprietary Rights

Optimal DX owns intellectual property rights, including trademarks, patents, graphics, text, code, and other proprietary rights (the “Intellectual Property”) displayed on or through this Site; excepting any owned by a third-party. Any use of our Intellectual Property without our prior written consent is strictly prohibited.

Links to, and Integration with, Other Websites

The Site may contain links to, and integration with, other websites, services, and resources that do not belong to, are not controlled by and are entirely independent of Optimal DX. We do this for convenience. We are not responsible for any third-party sites or their actions or inactions, including the content, or any changes or updates to those sites. If you access any third-party site, you do so entirely at your own risk.

Links from Third Party Sites

Please connect with us on Facebook, Twitter, YouTube and the like. You may link to this Site if:

  • You do not replicate the home page of this Site;
  • You do not create a frame or any other browser or border environment around this Site;
  • You do not use logos or trademarks displayed on this Site; and
  • You do not link to a website which contains content that is offensive, infringes the intellectual property rights or other rights of others, or violates applicable laws.

Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK, AND THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OPTIMAL DX HEREBY SPECIFICALLY DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES, AND OTHER WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND AGAINST HIDDEN OR LATENT DEFECTS, QUALITY, AND TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, SECURITY, AND ACCURACY, TO THE EXTENT PERMITTED BY LAW. YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE, ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING INFORMATION THROUGH THE USE OF THE SITE. OPTIMAL DX WILL NOT BE RESPONSIBLE FOR ACTS OR OMISSIONS BY ANY PARTY, INCLUDING BUT NOT LIMITED TO ANY PARTY WHO MIGHT HACK, INVADE, OR OTHERWISE DISRUPT THE SITE OR TAKE INFORMATION, INCLUDING CONTENT YOU PROVIDE, FROM THE SITE OR OTHERWISE. IF OPTIMAL DX CANNOT LAWFULLY DISCLAIM SUCH WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, OPTIMAL DX LIMITS THE DURATION OF SUCH WARRANTIES TO THE MINIMUM TIME PERMITTED UNDER SUCH LAW. SOME STATES, COUNTRIES, AND/OR PROVINCES DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY OR CONDITION, AND ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS SECTION SHALL SURVIVE TERMINATION.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIMAL DX, AND ITS OFFICERS, MEMBERS, MANAGERS, AND AFFILIATES, ARE NOT IN ANY EVENT RESPONSIBLE FOR DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY NATURE WHATSOEVER, RESULTING FROM OR ARISING OUT OF ANY BREACH OF WARRANTY OR CONDITION, USE OR MISUSE OF THE SITE, OR UNDER ANY OTHER LEGAL THEORY INCLUDING WITHOUT LIMITATION, LOSS OF USE OF THE SITE OR ANY GOOD OR EQUIPMENT USED WITH THE SITE, OR INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THIS SITE, YOUR MEMBER ACCOUNT, OR YOUR ACCESS TO THIS SITE, THE COST OF ANY REPLACEMENT GOOD OR SUBSTITUTE EQUIPMENT, LOSS OF REVENUE OR LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, THIRD-PARTY CLAIMS, OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED EVEN IF OPTIMAL DX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE, OR ANY LINKS ON THIS SITE, AS WELL AS BY ANY INFORMATION OR REPORTS PROVIDED BY OR THROUGH THIS SITE. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST OPTIMAL DX OR ITS OFFICERS, MEMBERS, EMPLOYEES, OR AUTHORIZED REPRESENTATIVES, IS YOUR DISCONTINUATION OF YOUR USE OF THE SITE. SOME STATES, COUNTRIES, AND/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS SECTION SHALL SURVIVE TERMINATION.

Indemnification

You agree to indemnify, defend, and hold harmless Optimal DX and any and all of its present and future officers, members, service providers, suppliers, employees, authorized representatives, and affiliates from any and all liability, loss, claim, demand, and expense, including costs of litigation and reasonable attorneys’ fees, directly or indirectly arising out of or related to (a) your use or misuse of this Site, including without limitation any Reports you generate using this Site, or any information that you enter on, or upload to, this Site; (b) any use or alleged use of your member account by any person, whether or not authorized by you; or (c) your violation of these Terms of Use. Optimal DX reserves the right to assume the exclusive defense, control, and settlement of any above matter. This section shall survive termination.

Arbitration Of Disputes

You agree that any and all disputes, claims, or controversies arising out of or related to this Site asserted against Optimal DX, or its officers, members, employees or authorized representatives will be brought exclusively with the Arbitration Service of Portland (“ASP”) in Portland, Oregon, to be arbitrated according to the then current ASP rules of arbitration. The judgment rendered by the arbitrator will be binding on you and Optimal DX and may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek temporary, preliminary, or permanent injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or enforce the General Restrictions, without breach of this Section. This section shall survive termination.

Miscellaneous

These Terms of Use, which incorporate the Privacy Policy, are the entire agreement between you and Optimal DX relating to the subject matter of these Terms of Use. If for any reason anything on or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use are controlling. If a provision of these Terms of Use is determined to be unenforceable, the remaining provisions of these Terms of Use will not be impaired. No waiver by Optimal DX of any terms will be deemed a waiver of any of the other terms in these Terms of Use, and our failure to act with respect to any breach of the Terms of Use does not waive our right to subsequent or similar breaches. These Terms of Use shall be governed by the laws of the State of Oregon. The prevailing party in any legal action or arbitration arising out of or relating to these Terms of Use shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements determined by a court or arbitrator.

Inquiries

If you have general inquiries, questions, concerns, or comments about the Terms of Use or this Site, please contact Optimal DX via email at support@optimalDX.com or call 541-482-3779. This Site is provided by Optimal DX Inc., at 184 Clear Creek Dr, Ste. 4, Ashland, OR 97520 USA.