FUNCTION HEALTH
SUPPLEMENTAL TERMS OF SERVICE FOR AI CHAT AND CLINICIAN CHAT OFFERINGS

LAST UPDATED: May 25th, 2025

These Supplemental Terms of Service for Clinician Chat and AI Chat (“Supplemental Terms”), together with the Function Terms of Service (the “Terms of Service”) and Function Privacy Policy (the “Privacy Policy”) govern your use of Function’s generative-AI powered informational chatbot (“AI Chat”) and (upon activation) clinician-based informational chat feature (“Clinician Chat”, and together with the AI Chat, the “Chat Offerings”). Capitalized terms used in these Supplemental Terms but not otherwise defined herein will have the meaning given to them elsewhere in the Terms of Service or Privacy Policy.

These Supplemental Terms are subject to and are hereby incorporated into the Terms of Service and, as applicable, the Privacy Policy. To the extent that there is any conflict between these Supplemental Terms and the Terms of Service or the Privacy Policy, the provision(s) in these Supplemental Terms will prevail, but solely to the extent of such conflict.

THESE SUPPLEMENTAL TERMS, THE TERMS OF SERVICE AND PRIVACY POLICY GOVERN YOUR USE OF ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE BY US OR OTHER USERS IN CONNECTION WITH YOUR USE OF THE CHAT OFFERINGS. EVERY TIME YOU ACCESS OR USE THE CHAT OFFERINGS, YOU ACKNOWLEDGE AND AGREE TO THESE SUPPLEMENTAL TERMS, THE TERMS OF SERVICE AND PRIVACY POLICY.

We may at our sole discretion modify these Supplemental Terms at any time and without advance notice. We will post notice of the date of the most recent update above.

1. CHAT OFFERINGS. The Chat Offerings are informational health education tools that we make available to certain Users. Specifically, AI Chat is a generative AI-powered chatbot that responds to your Inquiries (defined below) with automatically generated replies and is designed to provide Users with access to educational resources and information related to your general health Inquiries. Clinician Chat is a chat feature that connects you with a human clinician who is available to provide Users with access to educational resources and information related to your general health Inquiries. You may only have access to the AI Chat or the Clinician Chat, at Function’s discretion. If you engage with the Chat Offerings, please refer to Section 5(d) set forth in the Terms of Service. Users can input prompts, questions, and inquiries (collectively, “Inquiries”) and the Chat Offerings are designed to provide output, replies, and responses to facilitate access to general resources and information related to your Inquiries (each, a “Response” and collectively, “Responses”). The Chat Offerings may reference and use certain information or data, including without limitation, your medical history, Lab Results, or information otherwise related to your Samples, that are stored in your Account (“Account Data”) to provide a Response to your Inquiries and you hereby expressly authorize Function to use such Account Data for purposes of providing Responses to your Inquiries. Any such Responses constitute “FH Content” as defined in the Terms of Service. AI Chat leverages certain generative AI tools (including artificial intelligence and deep learning platforms, algorithms, tools and models made available by third parties) (collectively the “AI Tools”) to collect, analyze, and respond to Inquiries. By using AI Chat, you hereby consent, authorize and direct Function to share and otherwise disclose all Inquiries and other User Content (including Account Data) you provide or otherwise make available to AI Chat with the AI Tools in order to complete your request, process and respond to your Inquiries and as otherwise described in these Supplemental Terms. For the avoidance of doubt, AI Tools are subject to Section 10 of the Terms of Service and you consent to the monitoring, recording and other processing (including by Function and other third-parties involved in offering or supporting the Chat Offerings) of your AI Chat and Clinician Chat interactions.

YOU ACKNOWLEDGE AND AGREE THAT AI CHAT IS NOT A HUMAN. AI CHAT IS AN AI-BASED TOOL AND IS NOT A REPLACEMENT FOR HUMAN INTERACTION AND ADVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT AI CHAT IS NEW TECHNOLOGY AND FUNCTION DOES NOT GUARANTEE THAT ANY RESPONSES WILL BE HELPFUL OR ACCURATE. GENERATIVE AI TECHNOLOGY IS KNOWN TO HALLUCINATE OR OTHERWISE PROVIDE INCORRECT ANSWERS. YOU UNDERSTAND THIS IS A TOOL AND RESOURCE BUT IS INTENDED ONLY AS A SUPPLEMENT TO YOUR INDEPENDENT CONFIRMATION AND JUDGMENT AND CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER (EACH, A “HEALTHCARE PROFESSIONAL”).

THE CHAT OFFERINGS ARE INTENDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE CHAT OFFERINGS ARE NOT DESIGNED TO PROVIDE ANY MEDICAL, PSYCHOLOGICAL, OR OTHER CLINICAL ADVICE OF ANY KIND; OR MAKE ANY MEDICAL, PSYCHOLOGICAL OR OTHER CLINICAL DECISIONS, DETERMINATIONS OR DIAGNOSES; OR MAKE ANY REFERRALS OR RECOMMEND OR FULFILL PRESCRIPTION MEDICATIONS. THE CHAT OFFERINGS ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR OTHER CLINICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR HEALTHCARE PROFESSIONAL(S) WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL, MENTAL, PSYCHOLOGICAL, OR OTHER HEALTH CONDITION. THE CHAT OFFERINGS HAVE NOT BEEN EVALUATED, CLEARED, OR APPROVED BY THE U.S. FEDERAL FOOD AND DRUG ADMINISTRATION OR ANY OTHER REGULATORY BODY. THE CHAT OFFERINGS SHOULD NEVER BE USED FOR MEDICAL OR PSYCHOLOGICAL EMERGENCIES, URGENT SITUATIONS, OR INSTANCES WHERE SOMEONE MAY BE IN DANGER OR REQUIRE IMMEDIATE ASSISTANCE. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 OR SEEK IMMEDIATE OR OTHER APPROPRIATE EMERGENCY ATTENTION. IF YOU ARE HAVING SUICIDAL THOUGHTS OR CONSIDERING SELF HARM, CALL 988 OR CONTACT THE SUICIDE & CRISIS LIFELINE AT https://988lifeline.org/.

2. CONTENT GUIDELINES. THE SERVICES AND CHAT OFFERINGS ARE STRICTLY FOR USE TO GAIN ACCESS TO GENERAL EDUCATIONAL HEALTH INFORMATION AND RESOURCES. YOU AGREE THAT YOUR INQUIRIES AND YOUR USER CONTENT WILL BE RELEVANT TO THE PURPOSE OF RECEIVING SUCH EDUCATIONAL HEALTH INFORMATION AND RESOURCES RELATED TO YOUR LEGITIMATE HEALTH QUESTIONS AND CONCERNS AND FOR NO OTHER PURPOSE. Without limiting the generality of the foregoing, as a condition of use, you agree not to (and shall not permit any third party to) make available any User Content or take any action using the Chat Offerings that: (a) may constitute, contribute to, depict, or encourage a crime, illegal or terrorist activity, or a violation or infringement of any third party’s rights; (b) is unlawful, harmful, threatening, abusive, harassing, inflammatory, defamatory, libelous, discriminatory, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, vulgar, hateful, or is racially, ethnically, or otherwise objectionable (in our sole discretion); (c) posts or submits a photograph of another person without that person’s permission; (d) contains adult content, including obscene, pornographic, and/or sexual terms, descriptions and/or images, nudity, profanity, or graphic violence; (e) may create a risk of, glorify, encourage, or threaten violence, harm, physical or mental injury, emotional distress, death, disability, disfigurement, self-harm, or any other loss or damage to you or any other person or to any animal or to any property; (f) exploits political agendas or “hot button” issues for commercial use, or that contains hate speech based upon the race, sex, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of an individual or group; (g) you do not have the right to make available or to take under any law under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (h) harms minors in any way, or solicits or otherwise attempts to gain any information from a minor; (i) forges headers or otherwise manipulates identifiers in order to disguise the origin of any content or other materials transmitted to or through the Chat Offerings; (j) attempts to identify any anonymous user; (k) may constitute the receipt or provision of clinical services, including but not limited to the practice of medicine; (l) submit protected health information (as defined in the Health Insurance Portability and Accountability Act, as amended, and its implementing regulations) or (m) which are not related to your legitimate health questions and concerns.

3. LICENSE. Inquiries and follow-up Inquiries that you submit to the Chat Offerings will be considered “User Content” as defined in the Terms of Service. For more information on how we use, share and otherwise process User Content, please review our Privacy Policy. Your Inquiries and other User Content submitted to the Chat Offerings may be further processed to create de-identified, aggregated and/or otherwise anonymized data, by Function to train and improve Function’s proprietary AI Tools and the underlying artificial intelligence models, algorithms, and related technology, products and services related thereto. You hereby grant us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid, worldwide, sublicensable (through multiple tiers) right and license to use and otherwise exploit any of your submitted User Content (including Inquiries), as well as any Responses to provide the Chat Offerings to you and operate our business, and otherwise on a de-identified, aggregated and/or anonymized basis (at our discretion) for our business purposes, including for training and fine-tuning artificial intelligence or machine learning models, for product development and improvement, and for marketing. You represent that you own and/or have sufficient rights to provide Function with such Inquiries and other User Content for use in accordance with these Terms of Service.

4. NO PHYSICIAN-PATIENT RELATIONSHIP WITH FUNCTION. The information generated by the Chat Offerings or the associated interactions you have with the Chat Offerings should not be interpreted as a substitute for a Healthcare Professional consultation, evaluation, or treatment, and the information made available on or through the Chat Offerings should not be relied upon when making medical or other clinical decisions or to diagnose or treat a medical, mental, psychological, or health condition. Nothing contained in the Chat Offerings should be construed as such medical opinion, advice, diagnosis, or treatment. YOUR USE OF AI CHAT DOES NOT CREATE A PATIENT OR LICENSED MEDICAL PROFESSIONAL RELATIONSHIP, PHYSICIAN-PATIENT PRIVILEGE, PSYCHOTHERAPIST-PATIENT PRIVILEGE, OR DOCTOR-PATIENT CONFIDENTIALITY BETWEEN YOU AND FUNCTION OR ANY FUNCTION-ASSOCIATED CLINICIANS, EMPLOYEES, AGENTS, OR REPRESENTATIVES. You are urged and advised to seek the advice of a Healthcare Professional with any questions you may have regarding your physical or mental health, or any other information or resources that may be referenced, discussed, or offered under the Services. You represent to us that you are not using the Chat Offerings or participating in any of the activities offered by the Chat Offerings for the purpose of seeking medical attention. If any information you receive or obtain from using the Chat Offerings is inconsistent with medical advice received from your physician or other qualified healthcare provider, you agree to follow the advice of your physician or provider. If you have or suspect that you have a medical problem or condition, contact a Healthcare Professional immediately.

5. DISCLAIMERS: Without limiting the disclaimers set forth in the Terms of Service:

YOU ACKNOWLEDGE THAT THE RESPONSES ARE BASED ON YOUR INQUIRIES AND OTHER USER CONTENT YOU PROVIDE THE CHAT OFFERINGS, AND THAT FUNCTION HAS NO CONTROL OVER ANY SUCH USER CONTENT. ACCORDINGLY, ALL RESPONSES ARE PROVIDED “AS IS” AND WITH “**ALL FAULTS,**” AND FUNCTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO ANY USER CONTENT OR RESPONSES, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, TRUTHFULNESS, TIMELINESS, OR SUITABILITY.

INFORMATION SUBMITTED THROUGH THE CHAT OFFERINGS MAY NOT BE SECURE AND FUNCTION DOES NOT GUARANTEE THE SECURITY OR PRIVACY OF ANY USER CONTENT.

YOU ACKNOWLEDGE AND AGREE THAT THERE ARE LIMITATIONS ASSOCIATED WITH GENERATIVE-AI TECHNOLOGY. AI CHAT MAY MAKE MISTAKES AND PROVIDE YOU WITH INCORRECT INFORMATION. IT IS IMPORTANT THAT YOU PERFORM YOUR OWN RESEARCH AND USE YOUR OWN JUDGEMENT WHEN EVALUATING ANY RESPONSES PROVIDED BY THE CHAT OFFERINGS.

THE CHAT OFFERINGS AND RESPONSES PROVIDED IN CONNECTION THEREWITH ARE NOT A SUBSTITUTE FOR YOUR OWN RESEARCH AND DILIGENCE AND GUIDANCE FROM YOUR HEALTHCARE PROVIDERS. THE RESPONSES ARE DEPENDENT UPON THE INFORMATION AND CONTENT YOU PROVIDE AS QUERIES TO THE CHAT OFFERINGS.

YOU, AND NOT FUNCTION, SHALL BE RESPONSIBLE FOR VERIFYING THE ACCURACY OF ALL INFORMATION CONTAINED WITHIN THE RESPONSES, FOR MAKING DECISIONS, AND FOR COMPLYING WITH ALL LAWS AND APPLICABLE REGULATIONS, AND WILL RELEASE AND WAIVE ANY CLAIMS AGAINST FUNCTION, AND INDEMNIFY FUNCTION FOR ANY CLAIMS, RELATED TO YOUR USE OR RELIANCE ON THE CHAT OFFERINGS AND ANY RESPONSES.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL REVIEW EACH RESPONSE AND ANY OTHER ASPECTS OF CHAT OFFERINGS TO CONFIRM ACCURACY AND TO CONFIRM THAT SUCH MATERIALS ARE SUFFICIENT AND MEET YOUR NEEDS. THE CHAT OFFERINGS ARE INTENDED AS A RESPONSE GENERATION TOOL ONLY AND DOES NOT CONSTITUTE ANY WARRANTY OR GUARANTY THAT THE CHAT OFFERINGS WILL PROVIDE ACCURATE, TAILORED, OR INFORMATIVE RESPONSES OR RESULTS. LAWS AND REGULATIONS GOVERNING USE OF GENERATIVE ARTIFICIAL INTELLIGENCE ARE RAPIDLY EVOLVING, AND FUNCTION DOES NOT GUARANTEE THAT YOUR USE OF THE CHAT OFFERINGS, OR RESPONSES WILL COMPLY WITH APPLICABLE LAWS AND REGULATIONS OR THAT FUTURE LAWS AND REGULATIONS WILL NOT IMPACT YOUR USE THEREOF. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE CHAT OFFERINGS, AND RESPONSES COMPLY WITH ALL APPLICABLE LAWS. YOU SHOULD EVALUATE THE FITNESS OF ANY RESPONSE AS APPROPRIATE FOR YOUR SPECIFIC USE CASE.

YOU ACKNOWLEDGE AND AGREE THAT FUNCTION DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY, EFFICACY, VERACITY, COMPLETENESS, OR APPROPRIATENESS OF ANY INFORMATION OR RESOURCES RECEIVED, PROVIDED, OR MADE AVAILABLE THROUGH THE CHAT OFFERINGS. FUNCTION DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC OPINIONS OR OTHER INFORMATION OR RESOURCES MADE AVAILABLE THROUGH THE CHAT OFFERINGS. YOU SHOULD ALWAYS SEEK THE ADVICE OF AN APPLICABLE HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE. NEVER DISREGARD PROFESSIONAL MEDICAL OR CLINICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON OR RECEIVED THROUGH THE CHAT OFFERINGS.