Gifting Terms
Effective Date: December 5, 2025
Thank you for your interest in the gift of Function Health! We strongly believe that there’s no better gift a person can give or receive than one designed to inform and help enrich health in meaningful ways.
These Gift Terms constitute a legally-binding contract between you and Function and govern your access to and use of our Services in connection with a “Gift” – defined as “a one-time credit for partial or full prepayment for a one year Function Health membership, intended for use by a third-party individual.” IF YOU ARE ACCESSING AND/OR MAKING USE OF OUR SERVICES AS A “GIVER” (MEANING “A PERSON PURCHASING AND/OR GIVING A GIFT”) AND/OR A “RECIPIENT,” (MEANING “A PERSON WHO HAS RECEIVED AND WISHES TO MAKE USE OF A GIFT”), YOU REPRESENT THAT YOU FULLY UNDERSTAND AND AGREE TO BE UNCONDITIONALLY BOUND THESE GIFT TERMS IN THEIR ENTIRETY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
These Gift Terms are in addition to, cumulative of, and not exclusive of the terms, conditions, rights, and obligations set forth in Function's Terms of Service (the "ToS"), including, without limitation, Function's Privacy Policy. You acknowledge and agree that the ToS are hereby incorporated by reference in their entirety into these Gift Terms in their entirety, as though herein stated completely. All capitalized terms not defined in these Gift Terms have the same meaning as set forth in the ToS. Without limitation, by accepting these Gift Terms, you acknowledge and agree that you are bound by the arbitration, class-action waiver, and dispute-resolution provisions in the ToS with respect to any dispute arising out of or relating to a Gift and/or these Gift Terms. In the event of any conflict between these Gift Terms and the ToS, the Gift Terms shall control, provided that they are legally valid and binding. Function may, in its sole discretion, add additional terms and conditions in connection with Gift offers (for example, but without limitation, in an email or SMS/text communication or in the Services product), from time to time. These additional terms shall control in the event of any conflict with these Gift Terms or the ToS, but only to the extent of any conflict and as permitted by applicable law. All terms and conditions in our ToS, and in these Gift Terms, are subject to change.
Except where prohibited by applicable law, all Gift purchases and grants are final. Certain jurisdictions may require refund, return, or credit rights for prepaid services or unused balances; in those jurisdictions, Function will comply with applicable statutory requirements. Except as required by applicable law, no refunds, returns, credits, discounts, or rebates will be provided for Gifts.
If you are acting as a Giver, you represent that you are eligible to use Function’s Services, and that you shall provide the correct full name and contact information of the Recipient.
Please Note: if a Giver enters the wrong information for the intended Recipient, Function might send the Gift to a different individual than intended. If you are a Giver, please make sure to double-check each Recipient's information.
Our Services are not intended for use by all persons, and not all persons are eligible to use our Services. As a Giver, you are responsible for providing accurate information about the intended Recipient and for confirming, to the best of your knowledge, that the Recipient meets the minimum eligibility requirements described in these Gift Terms and the ToS. Among other requirements, your Recipient must be at least eighteen (18) years of age and otherwise eligible under applicable law to use our Services. Function may require verification of the Recipient's age and identity and may refuse, revoke, or cancel activation or use of a Gift if age or identity cannot be verified, if the Recipient is or becomes ineligible, or if Function reasonably suspects fraud, misuse, or misrepresentation.
In order to accept a Gift and make use of a Function Health membership as a Recipient, you must accept Function’s ToS, in their entirety, meet the eligibility requirements set forth in these Gift Terms and in the ToS, including being at least eighteen (18) years of age and otherwise legally permitted to use our Services under applicable law. Function, in its sole discretion, may require Recipients to provide By redeeming a Gift, you represent and warrant that you satisfy all applicable eligibility requirements and that all information you provide to Function is true, accurate, and complete.
We do not facilitate access to laboratory testing services in Hawaii or Rhode Island. Please do not purchase or grant a Gift for a Recipient residing in one of those states if your goal is to give the Recipient prepaid access to lab testing. Please note that additional, state-specific fees may apply to Your Gift, such as when the intended Recipient is located in either New York or New Jersey. Any such additional fees will be clearly disclosed at checkout and must be paid before activation or use of the applicable Services. If you are unsure whether a Recipient is eligible to use our Services under the laws of their state of residence, please contact Function Support prior to purchase or granting.
If providing any personal information to Function on behalf of a Recipient, you represent and warrant that you are fully and expressly authorized to do so, and that Function may collect, store, retain, transmit, and use all Recipient personal information provided by you pursuant to the terms and conditions in our ToS (including but not limited to our Privacy Policy).
You acknowledge and agree that Function may inform each Giver of the delivery, redemption, and/or non-redemption of the Gift as to the Gift’s Recipient, but will not disclose to the Giver any Lab Results, self-reported health information, further health-related activities, or other health information of said Recipient without the Recipient’s prior, express authorization.
In order to redeem a Gift and use Function's Services as a Recipient, you must fully accept and at all times abide by our ToS, including without limitation our Privacy Policy. A Gift may only be used by the designated Recipient. A Gift – including any access code enabling access to a Gift – is not transferrable, has no resale value, and shall not count towards or be entitled to any referral program or similar fees offered by Function. This Gift does not entitle a Recipient to (a) any future credit or prepayment towards renewal of the subject membership or (b) any products or services beyond a one-time credit for a partially or fully prepaid membership (e.g. no Add-On testing included). Unless otherwise expressly stated in writing by Function, in its sole discretion, the membership relating to the Gift shall automatically renew at the end of the one-year subscription period at the then-current regular retail price, and any such automatic renewal is subject to the auto-renewal terms and required disclosures and notices set forth in the ToS and as otherwise dictated by applicable law. Except to the extent otherwise required by applicable law (e.g. gift-certificate law, gift-card law) and/or the ToS, the expiration date of the Gift shall be as specified at the time that Function Health initially provides the Gift to the Giver (whether in connection with a purchase, promotion, or otherwise); if Function does not specify an expiration date for the Gift, the expiration date shall be the date that corresponds with Function’s earliest expiration date permitted under applicable law. Function may deactivate or limit use of unredeemed Gifts to the fullest extent allowed by applicable law and the ToS.
Function reserves the right, in its sole discretion and to the fullest extent permitted by applicable law, to refuse, cancel, suspend, or revoke any Gift or related access to the Services as permitted by the ToS and/or these Gift Terms, including but not limited to if: (a) payment is refused, reversed, or charged back; (b) Function reasonably suspects fraud, abuse, or misuse of the Gift or the Services; (c) the Recipient is or becomes ineligible to use the Services; (d) required age or identity verification cannot be completed; or (e) these Gift Terms, the ToS, and/or applicable law is violated.
Function's Services, including any Services accessed or prepaid through a Gift, are for informational and educational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Neither the Gift nor the Services creates a doctor-patient relationship between (i) you and Function, or (i) the Giver or Recipient of a Gift on one hand, and Function on the other hand. You – and as, applicable, your Giver/Recipient – should always seek the advice of your physician or other qualified health provider with any questions regarding a medical condition; neither you nor any Giver nor any Recipient should disregard professional medical advice or delay seeking medical advice or treatment because of information obtained through the Services.