The Baze Program (the “Program”) is a dietary supplement and recommendation program provided by Baze Labs, Inc. (“Baze”) and offered through the Baze website (the “Website”) and a mobile application (the “Mobile App”). The Program utilizes nutrition-related blood and genetic test results provided by a third-party laboratory, and body measurements, physical activity levels, dietary and lifestyle goals, as well as other information and data to deliver dietary supplements, recommendations, coaching, and other nutrition related products and services that are tailored to your personal wellbeing, needs and goals. These Terms and Conditions apply to any use (i.e., through the Website or the Mobile App) of the Program. By clicking your acceptance to these Terms and Conditions, you have chosen to use the Program services and have given your informed consent to have your biological samples tested for nutrition related blood and genetic markers. The results of your tests and the recommendations will be available to you online in the form of the Program service.
Your use of the Program service is voluntary. It is your choice whether to participate or not. You may cancel the service at any time. If for any reason you believe that your use is anything but voluntary, please terminate all use of the service.
As part of the Program registration process, we will collect some information from you. The information collected will include general contact information, age, gender, and general health information, such as information about your diet, lifestyle, taste preferences, your physical activity levels, and other important details about yourself. As part of the Program, you will collect blood samples that will be provided to and tested by a third-party laboratory and tested for a number of vitamins, minerals, metabolites, and other analytes (biomarkers), as well as genes that inform your nutritional status and well-being. Some of your results may be reviewed by a licensed physician or nutritionist. Your nutritional profile will be analyzed using the proprietary algorithms that are part of the Baze system (the “System”), which are used to generate personalized nutrition information and recommendations. These recommendations will then be available online.
Although the risks and discomforts associated with the blood draw are very low, you might be at risk for excessive bleeding, fainting or feeling light-headed, hematoma (blood accumulating under the skin), or infection (a slight risk any time the skin is broken). While the possibility of this happening is very low, you should still be aware of the possibility. Baze may advise you to have a follow-up visit with your doctor after reviewing the results of your blood test. As a result, you may learn about health conditions and problems or potential health risks that you were not aware of before your participation in the Program services. You may experience stress, anxiety, or emotional or physical discomfort when you learn about health problems or potential health problems. In addition, you could have a disease or condition even though your test results are in the normal range. You could have test results outside the normal range and still not have a disease or condition. Results outside the normal range, though, could lead to additional cost or discomfort if your physician orders follow-up tests. Disclosure of certain information collected through the questions that are part of the Program registration process may make you feel uncomfortable. There may also be additional risks to participation in the Program that are currently unforeseeable. Dietary supplements or recommendations provided to you may or may not be beneficial to you and may cause or exacerbate certain medical problems. You are taken these dietary supplements or following these recommendations at your own risk. If at any time during the follow-up period you feel unwell or ill, you should seek medical help immediately and discontinue Program recommendations.
We may incorporate different or additional technologies to collect or test data in the future. We may, at our sole discretion, choose to have your samples reprocessed by the third-party laboratory or other laboratory using any such different or additional technologies. However, your purchase of enrollment in the Program does not automatically include any such different or additional technologies, and we reserve the right to charge you additional fees in order to process your sample using any such different or additional technologies. You may also need to submit a new blood sample or other biological specimen for processing on such different or additional technologies.
You are paying for the Program services with your personal funds and any third-party payers will likely not pay for or reimburse you for these costs.
If you participate in the Program services, you may or may not experience wellbeing benefits or other benefits. Potential benefits may include an improved wellbeing and nutritional profile, a better understanding of nutrition and wellbeing, and improved physical fitness.
You do not have to take part in the Program service if you do not wish to do so. You may also stop participating at any time you choose. Participation in the Program is entirely your choice.
You agree to indemnify, defend, and hold harmless Baze Labs, Inc., its licensors, suppliers, and their respective directors, officers, employees, agents, affiliates, successors and assigns, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise from your participation in the Program services.
You may contact us at the following email at email@example.com any time.
Baze Labs, Inc. (herein referred to as “Baze,” “we,” “us” or “our”) provides and makes available this website (the “Website”) and any related services (each a “Service,” and, collectively, the “Services”) pursuant to this Terms of Service Agreement (the “Terms”). By clicking your acceptance of the Terms, and by accessing, browsing, or otherwise using the Website or any Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to and accept these Terms, you shall not access, browse or use the Website. We reserve the right to make changes to these Terms at any time. Please check back from time to time to ensure you are aware of any updates or changes. Your use of the Website indicates your acceptance of all terms.
The contents of our website, including any nutrition and diet recommendation plan or other reports generated by the Services (collectively, “Your Report”) and any other information, data, analyses, editorial content, images, audio and video clips, hyperlinks, and references (collectively, “Content”), are for informational purposes only and are not intended to substitute for professional medical advice, diagnosis, or treatment nor are they intended to be interpreted as a recommendation for a particular treatment plan. THE WEBSITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT OR SERVICE. NEITHER THE WEBSITE NOR THE SERVICES ARE A MEDICAL PROGRAM AND ARE NOT INTENDED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. IF YOU SUSPECT THAT YOU MAY HAVE A MEDICAL CONDITION, CONSULT YOUR PHYSICIAN. You should seek the advice of your physician or other qualified healthcare provider if you have questions regarding any medical or psychiatric condition or if you are experiencing any symptoms of, or believe you may have, any medical or psychiatric condition, regardless of any information contained within Your Report. You should not ignore professional medical advice or delay in seeking it because of any information provided to you in Your Report or any other Content. Furthermore, you should not interpret Your Report or third-party laboratory test results or any other Content as recommending any specific treatment plan, product, or course of action. You should always consult your physician or other qualified health provider before starting any new treatment or stopping any treatment that has been prescribed for you by your physician or other qualified health provider. PLEASE CALL YOUR DOCTOR OR 911 IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY.
You will be required to create a user account with Baze (“Your Account”) in order to access certain portions of our Website, purchase the Services, and obtain Baze Program information. You represent and warrant that the information you provide is accurate and complete and that you will promptly update Your Account if any of the information changes. We reserve the right to terminate your use of our Website or the Services if any information provided by you is inaccurate or incomplete. You will be prompted to create log-in information for Your Account. You are solely responsible for keeping your log-in information confidential and for all uses of our website and the services with Your Account. You must immediately notify Baze of any unauthorized use of Your Account. We may refuse to grant you log-in information that is already in use, impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.
This Website is for use by users who are twenty one (21) years of age or older. Users under the age of twenty one (21) are not permitted to use the Website. By using the Website, you also represent and warrant that you are twenty one (21) years of age or older and that you will not use our Website or the Services for any purpose that is unlawful, unethical, or in violation of these Terms.
You must provide a valid credit card number when you order a Baze product or service. You represent and warrant that you are authorized to use such credit card, and you agree to pay all charges incurred using Your Account. You agree that we may pass your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the Services ordered by you. All charges are exclusive of sales and other taxes and you are responsible for payment of any applicable taxes (other than taxes on Baze income). We reserve the right to accept or reject orders for any reason. Price and availability of any Service are subject to change without notice (unless you have purchased an ongoing subscription to a Baze product or service, in which case the subscription price paid by you for such service shall apply during the term of such subscription).
You are prohibited from using this Website to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that could constitute or encourage unlawful conduct. Baze may from time to time monitor or review material transmitted or posted using this Website and reserves the right to delete any material Baze deems inappropriate. Baze is under no obligation to do so and assumes no responsibility or liability arising from any material transmitted or posted using this Website.
Baze currently provides services in English only although this might change in the future.
The Website is owned and operated by Baze and the Content and the Services and any intellectual property and other rights relating thereto are and will remain with Baze, its licensors and suppliers, as applicable. The Content and the Services are protected by U.S. and international copyright, trademark, and other laws. Baze grants you a non-exclusive, non-transferable, revocable, limited license to receive the Baze Program Services you purchase from Baze, and to view and print one or more copies of a Baze nutrient report and any other Content obtained by you from our Website, for your noncommercial personal use only, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notice displayed on or in conjunction with the Content. You may distribute copies of Baze Program reports to your physician and anyone else of your choosing. You may not use any Content obtained from our Website in any other manner or for any other purpose without the prior written permission of Baze. Our licensors and suppliers may impose additional restrictions on the Content they provide to Baze; in the event of any conflict between such third-party restrictions and these Terms, such third-party restrictions shall govern. All rights not expressly granted herein are expressly reserved to Baze, its licensors and suppliers. By using our Website or any Services, you agree not to remove any copyright, trademark or other proprietary rights notice contained in or on the Content, Website or any Services, or “frame” or “mirror” any part of our Website without prior written consent from Baze.
All trademarks, service marks, and logos used on our Website, whether registered or unregistered, are owned by Baze, its licensors, suppliers and others. You may not use or display any trademarks, service marks, logos, or designs used on our Website without prior written consent from the rightful owner(s).
While we strive to keep the Content accurate, complete, and up-to-date, Baze cannot and does not guarantee the accuracy, completeness, or timeliness of your Baze Program nutrient report or any other Content, whether provided by our licensors, our suppliers, or us. It is possible that the Content may include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Content by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained within your Baze nutrient Program report or other Content may be changed or updated by Baze without notice. Any opinions, advice, statements, or other information expressed or made available by third parties via our Website are those of the respective third party and not necessarily those of Baze. THE CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BAZE NOR ITS LICENSORS OR SUPPLIERS ARE ENGAGED IN RENDERING MEDICAL, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE CONTENT IS INTENDED SOLELY FOR YOUR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS MEDICAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS.
Baze may at any time modify, discontinue, or suspend its operation of, or restrict access to, our Website or the Services, or any part thereof, temporarily or permanently, without notice to you.
The Website or Mobile App may contain information about, links to or advertisements for websites operated by other parties (the “Third Party Websites”). In addition, emails sent to users of this Website may contain information about, links to, or advertisements for, Third Party Websites. The information provided about, links to, and advertisements concerning Third Party Websites are provided for your convenience only. We do not control such Third Party Websites and we are not responsible for the content and performance of these Third Party Websites or for any transactions you may choose to conduct with the operators of any Third Party Websites. Baze is not responsible for the content of linked Third Party Websites, sites framed within the Website, or third-party advertisements on the Website or in emails sent from this Website, and Baze does not make any representations regarding their content or accuracy. Your use of Third Party Websites is at your own risk and subject to the terms and conditions of use of such sites. You acknowledge that Baze Labs, Inc. shall have no liability for any damage or loss arising from your access to, use of or reliance on any third party site, software, data, or other information.
Unless otherwise specified, this Website and material provided on this Website are solely for promoting products, programs, and business operations within the United States, the European Union and Switzerland. Software and other materials from this Website may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to a) any country to which the United States has embargoed goods or services, b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Baze prohibits your downloading or exporting of software or other material from this Website in violation of U.S. Export Laws and the laws of your resident country. By downloading software or other material from this Website, you represent and warrant that you are able to do so in full compliance with the laws of the United States and your resident country.
OUR SITE, THE SERVICES, YOUR BAZE PROGRAM REPORT, AND OTHER CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU USE THEM AT YOUR OWN RISK. BAZE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BAZE DOES NOT MAKE ANY WARRANTY THAT OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. BAZE MAKES NO WARRANTIES AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF OUR SITE, THE SERVICES, YOUR REPORT OR OTHER CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED FROM THEIR USE. You may also have other rights under applicable law, which vary from state to state. In the event that applicable law imposes implied warranties notwithstanding the foregoing, such implied warranties: (i) shall not have a duration greater than one year from the relevant purchase or first access date (whichever comes first); (ii) shall terminate automatically at the end of such period; and (iii) shall be disclaimed and excluded to the fullest extent permitted by law.
BAZE ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON OUR SITE, THE BAZE SERVICES, YOUR BAZE NUTRIENT REPORT, OR OTHER CONTENT. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THEIR USE, INCLUDING ANY RELIANCE ON THEIR ACCURACY, COMPLETENESS OR USEFULNESS. IN NO EVENT WILL BAZE, ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, (1) ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE OUR SITE, THE SERVICES, YOUR REPORT, OR OTHER CONTENT; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR BAZE DATA, YOUR BAZE REPORT, OTHER CONTENT OR ANY COMMUNICATIONS BETWEEN YOU AND BAZE OR OUR WEBSITE; (3) LOSS OF OR DAMAGE TO YOUR BLOOD SAMPLE; (4) THE STATEMENTS OR CONDUCT OF YOU OR ANY OTHER USER ON OUR WEBSITE; OR (5) ANY OTHER MATTER RELATING TO OUR SITE OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT BAZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some states may not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.
You agree to indemnify, defend, and hold harmless Baze, its licensors, suppliers, and their respective directors, officers, employees, agents, affiliates, successors, and assigns, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise from your use of our Website, the Services, Your Baze report or other Content, from your breach of these Terms, or from any data or communications you submit, post or transmit to or through our Website. You agree to cooperate as reasonably required in the defense of any such claim. Baze reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of Baze.
Any controversy or claim between the parties or arising out of these Terms or any use of the Website or the Services shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The arbitration shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency, or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empanelled, the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, video conference and other forms of real-time communications. If the arbitrator requires in-person hearings, the hearings shall be held in Cambridge, MA. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.
BY ENTERING INTO THESE TERMS, YOU AND BAZE ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide the Baze copyright agent the written information specified below: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, or other intellectual property interest; A description of the copyrighted work or other intellectual property that you claim has been infringed; A description of where the material that you claim is infringing is located on the Website; Your address, telephone number, facsimile number, and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner. Notice of claimed copyright or other intellectual property infringement should be directed to:Email:
This agreement and the resolution of any dispute related to these Terms, our Website, the Services, your Baze nutrient report, or any other Content shall be governed by and construed in accordance with the laws of the State of Massachussettes, United States of America, without giving effect to that state’s principles of conflicts of laws. The federal and state courts of the State of Massachussettes shall have exclusive jurisdiction over all claims.
For the Baze subscription plans you will be charged at the time of your plan selection. If you wish to cancel or modify your subscription, you can do so at any time; however, if delivery has already started the “Spotlight” price will be deducted from the refunded amount for any past or started month. A new month starts every 30 days after the initial order date. In order to cancel your subscription, you may contact firstname.lastname@example.org.
If you are not satisfied with the product, please contact our customer service team at email@example.com. You must report your issues within 5 days of noticing the issue. Depending on the circumstances, we will provide you a full or partial credit or refund of the purchase price.
We welcome feedback, comments, and suggestions for improvements to our Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights in the Feedback that you provide to use, copy, modify, and create derivative works based upon the Feedback.