Our Terms and Conditions
DO NOT USE THIS SITE IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY. In an emergent situation, please call your regional emergency phone number (911 in North America), contact your doctor, go to the nearest emergency room, or contact your local crisis center.Among other activities, the Services (as defined below) enable coordination and communication with a health care provider. The Services do not replace your relationship with any physician.
IMPORTANT NOTICE ABOUT DISPUTE RESOLUTION: THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT THAT REQUIRES YOU AND PRENUVO TO RESOLVE ALL DISPUTES BETWEEN US, INCLUDING ANY DISPUTE AS TO MEDICAL MALPRACTICE, THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PRENUVO. BY AGREEING TO THESE TERMS, YOU AND PRENUVO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Introduction
Prenuvo, Inc. (“Prenuvo”, “we”, “our” or “us”), a technology company that provides business, technological and administrative support to Prenuvo Medical Groups (as defined below), owns and operates the Prenuvo website (www.prenuvo.com) (the “Site”), the mobile application (“App”), (together, the App and Site, the “Platform”) including any content, products or services provided through the Platform or otherwise by Prenuvo. Inc. Prenuvo Medical Groups provide MRI screening services and other medical services (“Medical Services”). The Platform and Medical Services together are referred to as “Services”.
These Terms and Conditions (“Terms”) are part of your contract with us and the Prenuvo Medical Groups for Medical Services. These terms also govern your use of the Platform and certain other services described in these Terms that are made available through the Platform. These terms apply to all our Services, unless expressly stated otherwise.
PLEASE READ THESE TERMS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.YOU UNDERSTAND THAT BY CLICKING “I ACCEPT”, “I AGREE”, OR SIMILAR, OR, FOR THE PLATFORM, BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS, YOU MAY NOT USE THE SERVICES. THE TERMS ARE SUBJECT TO CHANGE AS PROVIDED IN SECTION 20.
1. Important Notices and Disclaimers
Your Relationship with Prenuvo. PRENUVO IS NOT A HEALTHCARE PROVIDER. Prenuvo provides business, technological, and administrative support services to Prenuvo’s affiliated professional entities, including Prenuvo of Golden State, P.C., Prenuvo of Minnesota P.C., Prenuvo Radiology PA, Hercules Study PC, Independent Radiology of New York P.C., and Lisa Prevention LLC (collectively, “Prenuvo Medical Groups”) and the licensed providers who may provide healthcare services to you through the Prenuvo Medical Groups (individually a “Healthcare Provider” and collectively, “Healthcare Providers”). Always directly contact your regular healthcare provider with any questions regarding your personal health or medical conditions. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and your regular healthcare provider. You understand that by coordinating and consulting with the Prenuvo Medical Groups or their Healthcare Providers through the Services, you are not entering into a provider-patient relationship with Prenuvo.
EXCEPT FOR COMMUNICATIONS RELATED TO YOUR SPECIFIC HEALTH AND WELLNESS THAT YOU RECEIVE FROM THE PRENUVO MEDICAL GROUPS OR THEIR HEALTHCARE PROVIDERS, THE INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS CONSULT WITH YOUR REGULAR HEALTHCARE PROVIDER OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL REGARDING QUESTIONS YOU HAVE ABOUT ANY MEDICAL CONDITION BEFORE MAKING HEALTH CARE DECISIONS.
THE SERVICES ARE NOT INTENDED FOR USE IN A MEDICAL EMERGENCY. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR LOCAL EMERGENCY CONTACT NUMBER (E.G., 9-1-1) IMMEDIATELY. NEVER DELAY IN SEEKING PROFESSIONAL MEDICAL ADVICE OR DISREGARD SUCH ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE OR APP.
No Insurance Accepted; Notice of Your Financial Responsibility. The Prenuvo Medical Groups do not accept commercial health insurance plans, are not in-network with any commercial health insurance plans, and are not enrolled with federal or state healthcare programs, such as Medicare and Medicaid. By choosing to use the Services, you are specifically choosing to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state healthcare program. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a federal health program beneficiary, you agree that neither you, Prenuvo, or the Prenuvo Medical Groups will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services. Please also see Section 6 below for additional terms applicable to your payment obligations.
2. Our Medical Services
Medical Services of the Prenuvo Medical Groups are set out on our Site and include providing magnetic resonance imaging scans or other imaging, scans, or medical tests for screening, post-scan MRI report review and consults, and other assessments at Prenuvo Medical Group locations or third-party locations (“Locations”). If you are located outside of the United States at the time of your post scan consult, the consult will be limited to a review of information within your report. Our Services may include administrative support in connection with scheduling, communications, and payment for healthcare services you receive from a Prenuvo Medical Group or a Location (either in-person or virtually).
3. Membership Details
The following section only applies if you purchase a Membership (as defined below) from Prenuvo.
Membership; Membership Fees
Membership: Prenuvo offers membership tiers with various medical services included in each tier (each a “Membership”). By purchasing a Membership and creating and/or using your account on the Site or App (“Patient Account”), you agree to terms set forth in these Terms for Memberships until you cancel your Membership pursuant to the below.
Membership Commencement and Duration. Your Membership begins immediately upon payment of the applicable Membership Fee (defined below) and lasts for twelve (12) consecutive months.
Membership Benefits. The Membership Fee covers the benefits and services described in your selected Membership tier, as detailed in our Prenuvo Membership materials (including the booking flow) and your Membership confirmation correspondence.
Membership Fees. Each Membership has a corresponding annual Membership fee (each, a "Membership Fee") as set forth in the Prenuvo Membership materials (including the booking flow) and your Membership confirmation correspondence. We may modify Membership Fees from time to time with advance notice as described below (Pre-Renewal Notifications). All fees are exclusive of applicable taxes, which will be added to your bill.
Alternative Payment Options. Payment of a Membership Fee is not required to receive Services through Prenuvo. Medical Services are available on an à la carte basis. If purchasing Medical Services on a la carte basis, this Section 3. Membership Details shall not apply.
Payment; Automatic Renewal
Automatic Renewal Notice
YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW FOR SUCCESSIVE TERMS OF THE SAME DURATION AS YOUR INITIAL MEMBERSHIP TERM (EACH A “RENEWAL PERIOD”) UNLESS YOU CANCEL BEFORE THE RENEWAL DATE PURSUANT TO THE BELOW INSTRUCTIONS. Charges; Billing Frequency; Payment Authorization THE VALID CREDIT CARD NUMBER, DEBIT CARD NUMBER, OR OTHER METHOD OF PAYMENT (“PAYMENT METHOD”) YOU PROVIDED AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT OR THE METHOD OF PAYMENT ON FILE MAY BE PRE-AUTHORIZED AND WILL BE AUTOMATICALLY CHARGED THE THEN CURRENT MEMBERSHIP FEE FOR EACH RENEWAL PERIOD ON A GOING-FORWARD BASIS APPROXIMATELY TWO (2) DAYS BEFORE YOUR MEMBERSHIP EXPIRES. TO AVOID CHARGES FOR THE NEXT RENEWAL PERIOD, YOU MUST CANCEL AT LEAST THREE (3) BUSINESS DAYS BEFORE YOUR CURRENT TERM EXPIRES. CANCELLATION REQUESTS RECEIVED AFTER THAT SHALL TAKE EFFECT FOR THE FOLLOWING RENEWAL TERM.
If your payment method is declined, we will attempt to contact you using the information on file.
You authorize Prenuvo and our payment processors to charge your designated payment method for:
a. The initial Membership Fee and applicable taxes;
b. Recurring Membership Fees at each Renewal Period and applicable taxes;
c. Any additional service fees you incur (including but not limited to add-on purchase to your Membership) and applicable taxes.
Pre-Renewal Notifications
We will send you renewal reminder notices at least (30) days in advance of your Membership renewal. This notice will be sent to your email address on file and will include the renewal date and Membership Fee charge date, renewal fee amount, Membership type, cancellation instructions, reminder that the Membership will renew if no action is taken.
Payment
See section 6. Payment below.
Cancellation
Cancellation Rights and Process
Cancellation Methods.
You may cancel your Membership at any time by:
a. Emailing subscriptions@prenuvo.com, or
b. Logging into your Patient Account, selecting your profile, then selecting membership information, and selecting cancel.
PLEASE SEE Charges; Billing Frequency; Payment Authorization FOR INFORMATION ON WHEN TO CANCEL YOUR MEMBERSHIP BEFORE A RENEWAL PERIOD BEGINS AND WHEN THE ASSOCIATED MEMBERSHIP FEES ARE CHARGED.
Refunds
IF YOU TERMINATE WITHIN THREE (3) DAYS AFTER PURCHASING YOUR MEMBERSHIP AND BEFORE YOUR FIRST MEDICAL SERVICES, YOU WILL RECEIVE A FULL REFUND OF YOUR MEMBERSHIP FEE.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, TERMINATIONS OUTSIDE OF THE ABOVE TIMING WINDOWS WILL NOT RECEIVE ANY REFUNDS OF MEMBERSHIP FEE.
Post-Cancellation Access. If you cancel before your term expires, you may continue using Services until your current term ends. Your Membership will not renew thereafter.
Insurance and Benefits Disclaimer. Membership Fees are not covered benefits under health insurance plans.Membership Fees may be covered by Health Savings Accounts (HSAs) or Flexible Spending Accounts (FSAs). Eligibility is determined by IRS rules and your plan administrator. You acknowledge that Membership Fees may not be covered by HSAs or FSAs and you will be responsible for all costs.
Termination
Voluntary Termination. You may stop using Services at any time. To terminate your Membership, follow the Cancellation Rights and Process above.
Termination for Breach. If we terminate your Membership due to your breach of these Terms or any other agreement with us, to the extent permitted by applicable law, you will not receive any refund of prepaid Membership Fees.
See Refunds above for information on refunds of pre-paid Membership Fees.
Exclusive Remedy
Sole Remedy. If you are dissatisfied with Services, your sole and exclusive remedy is to discontinue use and cancel your Membership as described above in Cancellation.
4. Privacy
Please read our Privacy Policy, available at http://www.prenuvo.com/privacy, for information on our data collection, use and sharing policies and practices in connection with the Services.
5. Account Registration and Security
Before you are able to attend your appointment, you may be required to register for a Patient Account. This will be used to provide you with information about your Medical Services.
You agree to provide complete, accurate information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date. When you create your Patient Account, you will be asked to create a username and password, which you will be solely responsible for safeguarding. You agree not to disclose your username or password to any third party, and you agree to notify us immediately at legal@prenuvo.com if you suspect or become aware of any unauthorized use of your account.
You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your Patient Account, whether or not you have authorized such activities or actions. We will not be liable for any loss or damage arising from your failure to comply with these requirements. We reserve the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
6. Payment
You agree to pay all fees due for Services (including Membership Fees if applicable) requested and pursuant to all payment terms presented to you when engaging in transactions. If you dispute any charges, you must notify Prenuvo in writing within sixty (60) days after the date that Prenuvo charges you. Prenuvo, in its sole discretion, may offer credits or refunds on a case-by-case basis, for example in the event of an error in the amount you were charged.
If a portion of your Prenuvo report cannot be generated, you may be eligible for a partial refund proportionate to the affected component. We do not offer rescans solely to re-attempt a report component that could not be generated, as the underlying issue may persist on repeat scanning.
By providing a credit card or other payment method accepted by us (“Payment Method”), you are expressly agreeing that we are (or our service provider is) authorized to charge the Payment Method for the total amount due, together with any applicable taxes (collectively, as applicable, a “Purchase”). Credit and other payment card transactions are processed by a third-party payment processor, and you agree to comply with the payment terms of such third-party payment processor. Our current third-party payment processor is Stripe. You can review Stripe’s privacy policy at https://stripe.com/privacy.
You understand and agree that you are responsible for all fees due to receive Medical Services, including any fees we collect on behalf of the Prenuvo Medical Groups or Locations that provide services to you in connection with the Services. Any healthcare services not provided by us, a Prenuvo Medical Group, or a Location may not be included in the payments collected by Prenuvo and you may be separately charged by the applicable health care organization(s) and/or provider(s) for such services.
If the Payment Method cannot be verified, is invalid or is otherwise not acceptable, we will not be able to confirm your appointment (or Membership, if applicable). You must resolve any payment method problems before we proceed with confirming your appointment (or Membership, if applicable). If a payment is not successfully settled and you do not edit your Payment Method information or cancel your Purchase or account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated.
Third-Party Financing. If you are approved for third-party financing for certain Services provided by Prenuvo Medical Groups or Locations, payment processing services for any fees owed by you will be provided by such third-party financing companies, which may include Affirm and their affiliates (“Finance Providers”). You will render payment via the applicable Financing Providers and in accordance with the terms and conditions of such Finance Provider’s terms and conditions, which are currently the Affirm Terms and Conditions located at https://www.affirm.com/terms. Please contact the applicable Payment Processor for more information. Any fees owed by you in connection with the Services will be processed by the Finance Providers. By agreeing to these Terms of Service or continuing to access or use the Service, you agree to be bound by the Payment Processor Terms as modified by such Payment Processor from time to time.
7. Prohibited Uses (Platform)
You may use the Platform only for lawful purposes and in accordance with these Terms.
You agree not to use the Platform:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that is offensive, harmful, infringing, obscene, defamatory, abusive, deceptive, untrue, misrepresentative or illegal.
• To transmit, or procure the sending of, any advertising or promotional material.
• To impersonate or attempt to impersonate Prenuvo, a Prenuvo employee, another user or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Prenuvo or users of the Site or expose them to liability.
Additionally, you agree not to:
• Use the Platform in any manner that could disable, overburden, damage or impair the Services or interfere with any other party’s use of the Services.
• Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the Content or other material on the Platform.
•Use any manual process to monitor or copy any of the Content or material on the Platform, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Platform.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Services.
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Platform.
8. Ownership and License to Use the Platform (Platform only)
Ownership. As between Prenuvo and you, Prenuvo is the sole and exclusive owner of all right, title and interest in and to the Platform and its content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel) (the “Services Content”), and any associated copyrights, patents, or other protected or unprotected intellectual property rights. You are not permitted to reproduce, publish, distribute, modify, reverse engineer, disassemble, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Platform or Services Content except as permitted by these Terms or otherwise by Prenuvo expressly in writing. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Platform or Services Content shall be owned solely and exclusively by Prenuvo or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Platform or Services Content.Certain names, logos, and other materials displayed in and through the Platform may constitute trademarks, trade names, service marks or logos (“Marks”) of Prenuvo or its affiliates, including the Prenuvo Medical Groups. You are not authorized to use any such Marks without the express written permission of Prenuvo. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
Your License. Subject to your compliance with these Terms, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Platform and Services Content solely for your personal and non-commercial use and only as permitted under these Terms. No other right, title, or interest in or to the Platform or Services Content is transferred to you, and all rights not expressly granted are reserved by Prenuvo or its licensors.
9. Consent to Electronic Communications
By providing us with your email address or telephone number, you consent to receive electronic communications from Prenuvo and the Affiliated Practices and Imaging Locations through the Services or otherwise (e.g., via email, text message, or by posting notices to the Services). These communications may include information from the Affiliated Practices or Imaging Locations, payment authorizations, password changes, and other transactional or administrative information. You agree that any notices, agreements, disclosures or other communications sent through the Services electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
SMS, Text and Instant Messaging
By opting in to receive text messages from us (the “Text Service”), you agree to these Text Messaging Terms and Conditions. Your participation in the Text Service is also subject to our Privacy Notice.
Providing Telephone Numbers and Duty to Notify: You verify that the mobile number provided to us is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by updating your contact information in your Patient Portal if you are a Prenuvo Patient emailing us at hello@prenuvo.com.
Your Consent to Receive Text Messages: You acknowledge that by providing your telephone number(s), you implicitly agree to receive text messages (such as SMS, MMS, or successor protocols or technologies) from us concerning Prenuvo Services you have purchased, also known as transactional messages. You can generally expect to receive 2-4 messages per week from us regarding your upcoming Prenuvo Scan, reporting status, Prenuvo report release and patient experience follow up. Message and data rates may apply.
Opt In for Promotional Text Messages: If you have provided consent to receive sales, marketing or other promotional text messages, you explicitly agree to receive text messages (such as SMS, MMS, or successor protocols or technologies) from us regarding our products, Services, offers, and promotions. You understand that consent is not required to make any purchase from us. You can generally expect to receive up to 3 promotional messages per week from us. Message and data rates may apply.
Opt Out Instructions: Your consent to receive texts is completely voluntary. You may opt-out at any time. To opt out of text messages, reply STOP to any mobile message from us, or email privacy@prenuvo.com and specify that you want to opt out of text messages. You acknowledge and agree to accept a final text message confirming your opt-out.
How to Get Assistance: If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at 1-833-773-6886.
Indemnification: You agree to indemnify us for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act (TCPA), Canada Anti-Spam Legislation (CASL), the General Data Privacy Act (GDPR) or any federal, state or provincial law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your mobile telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees).
Participation Requirements: By participating in the Text Service, you acknowledge and agree that you are eighteen (18) years of age or older. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Miscellaneous: You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. We reserve the right to change these Terms from time to time. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the Text Service after any such changes, you accept these Terms, as modified.
10. User Content and Feedback (Platform only)
You represent, warrant, and agree that any data or information you submit on or through the Platform, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions/feedback (collectively, “User Content”) does not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal, intellectual property rights or other proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material. You acknowledge, represent, and agree that User Content is submitted voluntarily and is not confidential or proprietary and that User Content does not establish a relationship between you and Us.
You hereby grant Prenuvo, our service providers, our successors and assigns, and the Prenuvo Medical Groups and its Healthcare Providers the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties, including, as applicable and unless prohibited by law, to provide Platform to you, market Platform to you, conduct research or analyses of such data, operate our business, and design, develop, implement, modify and/or improve current or future features, products, and services. You represent and warrant that you have all the rights necessary to grant the rights in this Section 8 and that our use of User Content does not violate any law. You understand that any User Content you publish in public forums will be viewable and copyable by other users of the forum and potentially the public at large.
11. Consent to Electronic Communications
By providing us with your email address or telephone number, you consent to receive electronic communications from Prenuvo and the Prenuvo Medical Groups and Locations through the Services or otherwise (e.g., via email, text message, or by posting notices to the Services). These communications may include information from the Prenuvo Medical Groups or Locations in relation to Services, payment authorizations, password changes, and other transactional or administrative information. You agree that any notices, agreements, disclosures or other communications sent through the Services electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
12. Linked Services; Third Party Materials (Platform only)
The Platform may provide access to websites, information, products, services and other materials made available by third parties (“Third Party Materials”). We are not responsible for any Third Party Materials (including their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety, or any intellectual property rights contained in them). We do not have any obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) available through the Services at any time. The availability of any Third Party Materials through the Services is not an endorsement of them by Prenuvo, and it does not imply any affiliation with any provider of Third Party Materials. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to the Third Party Materials (like their terms of service or privacy policies).
13. Termination (Platform only)
Prenuvo, in its sole discretion, may terminate or suspend your access to or use of the Platform without notice for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination, all provisions of these Terms in relation to Platform which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity and limitations of liability.
14. No Representations or Warranties (Platform only)
YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PRENUVO AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION THE PRENUVO MEDICAL GROUPS , AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE PLATFORM WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PRENUVO NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE PLATFORM. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE PLATFORM, PLATFORM CONTENT, AND USER CONTENT. FURTHERMORE, PRENUVO DOES NOT GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND PRENUVO DISCLAIMS ANY LIABILITY RELATING THERETO.YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE PLATFORM ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION, OR YOUR RELIANCE ON ANY SUCH CONTENT, MATERIAL, AND/OR INFORMATION.
15. Limitation of Liability
PRENUVO AND PRENUVO MEDICAL GROUPS OFFER PREVENTATIVE SCREENING SERVICE(S) NOT DIAGNOSTIC SERVICE(S). PRENUVO’S PREVENTATIVE EXAM IS NOT A SUBSTITUTE FOR DIAGNOSTIC SERVICES.
PRENUVO ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY OF YOUR USER CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
EXCEPT AS MAY BE EXPRESSLY PROVIDED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY LAW, PRENUVO, INC. AND PRENUVO MEDICAL GROUP (INCLUDING, WITHOUT LIMITATION, THE HEALTHCARE PROVIDERS EMPLOYED OR CONTRACTED BY PRENUVO MEDICAL GROUP) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR LOST PROFIT DAMAGES (INCLUDING, FOR THE AVOIDANCE OF DOUBT, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PRENUVO, PRENUVO MEDICAL GROUP AND ITS HEALTHCARE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) YOUR USE OR THE INABILITY TO USE THE SERVICE; (B) YOUR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) ANYTHING OCCURRING AT AN IMAGING LOCATION OR ANY COMMUNICATION OR CONDUCT WITH ANY PERSON AT OR ASSOCIATED WITH AN IMAGING LOCATION, OR ANY THIRD PARTY SERVICES; (E) ANY SERVICES PROVIDED BY A REFERRED HEALTHCARE OR MEDICAL PROVIDER; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF PRENUVO, INC. AND PRENUVO MEDICAL GROUP (INCLUDING, WITHOUT LIMITATION, THE HEALTHCARE PROVIDERS EMPLOYED OR CONTRACTED BY PRENUVO MEDICAL GROUP) TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000).
THE FOREGOING LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY AND EVEN IF YOU OR PRENUVO, INC. AND PRENUVO MEDICAL GROUP (INCLUDING, WITHOUT LIMITATION, THE HEALTHCARE PROVIDERS EMPLOYED OR CONTRACTED BY PRENUVO MEDICAL GROUP) ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS; IF SO, THOSE LIMITATIONS DO NOT APPLY TO YOU. IF ANY PORTION OF THE FOREGOING LIMITATIONS IS HELD TO BE INVALID, SUCH INVALIDITY SHALL NOT AFFECT THE ENFORCEABILITY OF THE REMAINING TERMS SET FORTH HEREIN.
IF YOU ARE DISSATISFIED WITH PRENUVO, INC.’S AND PRENUVO MEDICAL GROUP’S (INCLUDING, WITHOUT LIMITATION, THE HEALTHCARE PROVIDERS EMPLOYED OR CONTRACTED BY PRENUVO MEDICAL GROUP) SERVICES IN ANY WAY OR MANNER OR UNWILLING TO AGREE TO THE FOREGOING LIMITATIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
YOUR AGREEMENT TO THE FOREGOING LIMITATIONS IS A FUNDAMENTAL AND MATERIAL TERM OF THE BARGAIN BETWEEN PRENUVO INC., PRENUVO MEDICAL GROUP (INCLUDING, WITHOUT LIMITATION, THE HEALTHCARE PROVIDERS EMPLOYED OR CONTRACTED BY PRENUVO MEDICAL GROUP) AND YOU.
16. Indemnification (Platform only)
You agree to defend, indemnify and hold Prenuvo, its affiliates, the Prenuvo Medical Groups, its subsidiaries, and all of their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from: (i) your use of the Platform, or your use of the Services Content or other materials or features available on the Platform, (ii) your User Content, (iii) your fraud, violation of law, negligence, or willful misconduct, or (iv) your breach of these Terms.. Prenuvo reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter.
17. Governing Law; Venue;
Governing Law.
As used herein, the term “Medical Professional Services” means the medical, healthcare, professional, diagnostic, telehealth, and clinical services, activities, interpretations, decisions, readings, report review and and consultations, and all other healthcare related services provided by Prenuvo Medical Group, including, without limitation, through Healthcare Providers.
Except for actions seeking injunctive relief, any claim, dispute, or controversy, whether brought by or against you or Prenuvo, Inc., Prenuvo Medical Group, or any Healthcare Provider (whether in such Healthcare Provider’s individual or professional capacity), arising out of, relating to, or in connection with (i) the interpretation, performance, or breach of these Terms, (ii) the Medical Professional Services provided to you, including, without limitation, any claim against any Healthcare Providers or related to any Healthcare Providers performance of Medical Professional Services, or (iii) the relationship between or among Prenuvo, Prenuvo Medical Group, the Healthcare Providers, or any professional entity, shall be governed by, construed, and resolved exclusively in accordance with and under the substantive laws of the State of California, without regard to conflict-of-laws rules or principles (whether of California or any other jurisdiction) that might otherwise apply the law of any other jurisdiction.
This governing law provision applies to all Medical Professional Services performed by the Prenuvo Medical Group or its Healthcare Providers, regardless of (i) the location, state or jurisdiction in which a professional entity is incorporated or a Healthcare Provider is licensed, (ii) the location, state or jurisdiction where the Medical Professional Services are performed, rendered or received, or (iii) your state of residence or domicile.
The parties expressly intend for California law to apply (1) because Prenuvo is headquartered in California and maintains core administrative functions and policies in California and (2) notwithstanding (a) the residence, domicile, or location of any party, (b) the place of execution or performance of these Terms, (c) the place where services are rendered or received, (d) the state of the Healthcare Provider’s professional licensure or medical practice location, (e) any contrary choice-of-law or conflict-of-law provision, or (f) any assertion that another state’s law or public policy should apply.
The parties acknowledge and agree that this choice of law provision is a material term of these Terms and that it is intended to be enforced notwithstanding any argument of unequal bargaining power, public policy, or statutory conflict, including any assertion that the law of the state where medical services are performed or where a Healthcare Provider is licensed should govern, to the maximum extent permitted by applicable law. If any portion of this Section is found unenforceable, the remaining provisions shall remain in full force and effect, and California law shall still govern to the greatest extent possible.
Venue. Unless you and Prenuvo, Prenuvo Medical Group and its Healthcare Providers agree otherwise, to the maximum extent permitted by applicable law, the state and federal courts in Los Angeles, California will have exclusive jurisdiction over any dispute that is not subject to arbitration. You and Prenuvo, Prenuvo Medical Group and its Healthcare Providers consent to the exclusive jurisdiction of these courts for any dispute that is not subject to arbitration and waive any objections as to: (1) personal jurisdiction or (2) the laying of venue in such courts because of inconvenient forum or any other basis or right to seek to transfer or change venue of any such action to another court.
18. Severability
All parts of these Terms apply to the maximum extent permitted by law. You and Prenuvo agree that if either party cannot enforce any part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part that cannot be enforced, to the fullest extent permitted by law. The invalidity of part of these terms will not affect the validity and enforceability of the remaining provisions.
19. Note to International Users (Platform only)
The Platform are controlled by Prenuvo, which is located in the United States of America. We make no representation that the Services or Content are appropriate or available for use in locations outside of the United States. Accessing the Platform from territories where such content, information or other materials are illegal is prohibited. Those who choose to access our Site from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws.
20. Changes to the Terms for Services
The Services are continually under development, and Prenuvo reserves the right to review or remove any part of these Terms in its sole discretion at any time and without prior notice to you. You should check the Terms from time to time when you use the Services to determine if any changes have been made. Any changes to these Terms are effective upon posting to the Services, unless applicable law requires us to provide additional notice or take other actions before such changes can become effective. If you disagree with these Terms, your sole and exclusive remedy is to discontinue your use of the Services. Your continued use after a change has been posted constitutes your acceptance of the changes.
You acknowledge and agree that: (1) all or any part of the Platform may not be accessible at any time, for any period, or for any reason; and (2) Prenuvo will not be liable if for any reason all or any part of the Platform are unavailable at any time or for any period. Prenuvo reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Platform or any portion thereof, with or without notice. You agree that Prenuvo shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform.
21. Notice Regarding Apple (Platform only)
This Section only applies to the extent you are using the App on an iOS device. You acknowledge that these Terms are between you and Prenuvo only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the Content or any other content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services and/or your possession and use of the Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
22. Notice Regarding Google (Platform only)
The following applies to the extent you acquire the App from the Google Play Store: (i) you acknowledge that these Terms of Service are between you and Prenuvo only, and not with Google, Inc. (“Google”); (ii) your use of the App must comply with Google’s then-current Google Play Terms of Service; (iii) Google is only a provider of Google Play where you obtained the App; (iv) Prenuvo, and not Google, is solely responsible for the App; (v) Google has no obligation or liability to you with respect to the App or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to the App.
23. Miscellaneous Terms
No waiver. No waiver by Prenuvo of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Prenuvo to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
No agency relationship. Neither these Terms, nor any Services Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
Remedies. You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Assignment. You may not assign any of your rights under these Terms, and any such attempt will be null and void. Prenuvo and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of the business of Prenuvo is transferred to another entity by way of merger, sale of its assets, or otherwise.
Notice for California Users. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This release includes the criminal acts of others.
Notice for New York and New Jersey Users: Patients residing in New York and New Jersey have the right under their respective state patient billing laws to request an itemized price list from Prenuvo for their laboratory tests.
Headings. The heading references herein are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This is the entire agreement between you and Prenuvo relating to the subject matter herein and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with Prenuvo.
24. Contact
If you have questions or comments about these Terms, please contact us by sending correspondence to 2727 El Camino Real, Redwood City, California, USA, 90025 or send us an email at legal@prenuvo.com.
Arbitration Agreement.
REMINDER & IMPORTANT NOTICE ABOUT DISPUTE RESOLUTION
THIS AGREEMENT REQUIRES YOU AND PRENUVO, INC. AND PRENUVO MEDICAL GROUP (INCLUDING, WITHOUT LIMITATION, THE HEALTHCARE PROVIDERS EMPLOYED OR CONTRACTED BY PRENUVO MEDICAL GROUP) TO RESOLVE ALL DISPUTES BETWEEN US, INCLUDING ANY DISPUTE AS TO MEDICAL MALPRACTICE, THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PRENUVO, INC. AND PRENUVO MEDICAL GROUP (INCLUDING, WITHOUT LIMITATION, THE HEALTHCARE PROVIDERS EMPLOYED OR CONTRACTED BY PRENUVO MEDICAL GROUP). BY SIGNING THIS AGREEMENT, YOU AND PRENUVO, INC. AND PRENUVO MEDICAL GROUP (INCLUDING, WITHOUT LIMITATION, THE HEALTHCARE PROVIDERS EMPLOYED OR CONTRACTED BY PRENUVO MEDICAL GROUP) ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
IT IS UNDERSTOOD THAT ANY DISPUTE AS TO MEDICAL MALPRACTICE, THAT IS AS TO WHETHER ANY MEDICAL SERVICES RENDERED UNDER THIS CONTRACT WERE UNNECESSARY OR UNAUTHORIZED OR WERE IMPROPERLY, NEGLIGENTLY OR INCOMPETENTLY RENDERED, WILL BE DETERMINED BY SUBMISSION TO ARBITRATION AS PROVIDED BY CALIFORNIA LAW, AND NOT BY A LAWSUIT OR RESORT TO COURT PROCESS EXCEPT AS CALIFORNIA LAW PROVIDES FOR JUDICIAL REVIEW OF ARBITRATION PROCEEDINGS. THE PARTIES TO THIS CONTRACT, BY ENTERING INTO IT, ARE GIVING UP THEIR CONSTITUTIONAL RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY, AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION.
Biding Agreement to Arbitration; Waiver of Jury Trial & Class Actions.
You, Prenuvo, Inc. and Prenuvo Medical Group agree that:
• except as set forth in the “Exceptions” Section below, any dispute, claim, or disagreement arising out of or relating in any way to the Consent, Terms, Medical Professional Services, the Platform, or our relationship, and regardless of whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation, common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory (collectively, “Disputes”) will be resolved exclusively through binding arbitration.
• our agreement to arbitrate Disputes survives the termination of any contract, agreements, terms or our relationship, and applies equally to claims brought by either party, whether against the other party, its affiliates, employees, or agents. This means that any Disputes asserted by you against Prenuvo, Prenuvo Medical Group, Healthcare Providers, or any professional entity shall be resolved exclusively through binding arbitration.
• any dispute, claim, or disagreement arising out of or relating in any way to the interpretation or application of this binding arbitration agreement, including any disputes about the enforceability, revocability, scope or validity of this binding arbitration agreement or the arbitrability of any Dispute, will be resolved by the arbitrator, not a court. For the avoidance of doubt, you, Prenuvo, Inc. and Prenuvo Medical Group acknowledge and agree that the arbitrator shall have exclusive authority to resolve all disputes regarding the scope, interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable.
Exceptions.
Although we are agreeing to arbitrate most disputes between us, nothing set forth herein will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court in the county in which you reside; (b) file suit in a court of law to address an intellectual property infringement claim; or (c) seek injunctive relief in a court of law in a state or federal court in Los Angeles, California.
Arbitration Procedure.
You, Prenuvo, Inc. and Prenuvo Medical Group agree that:
• arbitration under this arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) subject to AAA’s Consumer Arbitration Rules then in effect (collectively, “AAA Rules”) except as modified herein. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Prenuvo.
• these Terms evidence a transaction involving interstate commerce and notwithstanding any other provision with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq. and federal arbitration law (not state arbitration law) will govern any proceedings regarding enforcement of this arbitration agreement;
any applicable limitations periods (including statutes of limitations) shall apply in arbitration like in court;
• any arbitral award issued pursuant to this arbitration agreement shall have no preclusive effect in any other proceeding involving other Prenuvo Inc. or Prenuvo Medical Group consumers;
• to work together in good faith to ensure that arbitration remains efficient and cost-effective for all parties;
• the arbitrator shall have the authority to award sanctions against parties and their counsel consistent with the standard set forth in Federal Rule of Civil Procedure 11;
• any arbitration hearing will take place in the county of your residence, as determined by your billing address (or another location mutually agreed by the parties) unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county of your residence, as determined by your billing address;
• during the arbitration, the amount of any settlement offer made by you or Prenuvo Inc. or Prenuvo Medical Group must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any;
• regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based;
• except as provided in the “No Class Actions” Section below, the arbitrator may award any relief that would be available if the claims had been brought in a court of competent jurisdiction;
• the arbitrator’s award shall be final and binding on all parties, and judgment on the award may be entered in any court having jurisdiction.
Commencing Arbitration.
Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Prenuvo’s and Prenuvo Medical Group’s address for Notice of Arbitration is: 12100 Wilshire Boulevard, Suite 150, Los Angeles CA 90025. A copy of all Notices of Arbitration must also be sent to Prenuvo via email to legal@prenuvo.com.
The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). You, Prenuvo Inc. and Prenuvo Medical Group agree to make good faith efforts to resolve the Demand directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice of Arbitration is received, you Prenuvo, or Prenuvo Medical Group may commence an arbitration proceeding.
If you commence arbitration in accordance with these Terms, Prenuvo Inc. or Prenuvo Medical Group will reimburse you for your payment of the filing fee, unless your Demand is for more than US$10,000 or if Prenuvo or Prenuvo Medical Group has received twenty-five (25) or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. Prenuvo Inc. or Prenuvo Medical Group shall bear all arbitration costs and arbitrator’s fees for claims up to US$10,000, except that each party shall bear its own attorneys’ fees unless otherwise required by applicable law.
Attorneys’ Fees and Costs. Each party shall bear its own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you, Prenuvo Inc. or Prenuvo Medical Group need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. Confidentiality. The parties agree that any and all information exchanged between us in an arbitration shall be used solely and exclusively for that arbitration. You, Prenuvo Inc. and Prenuvo Medical Group agree that we may not, for example, use information obtained in one arbitration proceeding in another arbitration proceeding. You, Prenuvo Inc. and Prenuvo Medical Group also agree to keep any information exchanged between us in any arbitration proceeding confidential between us, our attorneys, and the arbitrator. To the extent additional persons require access to information exchanged for purposes of the arbitration, You, Prenuvo Inc. and Prenuvo Medical Group agree to negotiate in good faith for the entry of a protective order that will impose similar confidentiality obligations.
No Class Actions.
YOU, PRENUVO INC., AND PRENUVO MEDICAL GROUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You, Prenuvo, and Prenuvo Medica Group agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. You, Prenuvo, and Prenuvo Medical Group further agree that the FAA and applicable U.S. Supreme Court precedent prohibit class or representative arbitration unless both parties expressly agree otherwise in writing.
Limited Time to Deliver Notice of Arbitration.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU, PRENUVO INC., OR PRENUVO MEDICAL GROUP WANTS TO ASSERT A DISPUTE AGAINST THE OTHER THAT IS SUBJECT TO ARBITRATION PURSUANT TO THESE TERMS, THEN YOU, PRENUVO INC., OR PRENUVO MEDICAL GROUP MUST COMMENCE SUCH DISPUTE BY DELIVERY OF A NOTICE OF ARBITRATION WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.
Severability. All parts of this Arbitration Agreement apply to the maximum extent permitted by law. You, Prenuvo Inc. and Prenuvo Medical Group agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the fullest extent permitted by law. The invalidity of part of these terms will not affect the validity and enforceability of the remaining provisions. However, if the prohibition on class or representative arbitration is deemed unenforceable, then the entirety of this arbitration agreement shall be null and void. The Section headings are for convenience only and do not have any force or effect.
NOTICE: BY CLICKING “I ACCEPT” OR SIMILAR, YOU ARE AGREEING TO HAVE ANY ISSUE OF MEDICAL MALPRACTICE DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP YOUR RIGHT TO A JURY OR COURT TRIAL.
I have read, understand, and agree to the warnings, limitations, disclaimers, and the bold red notices set forth above, including the red notice directly above.
Last updated 24 March 2026
DO NOT USE THIS SITE IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY. In an emergent situation, please call your regional emergency phone number (911 in North America), contact your doctor, go to the nearest emergency room, or contact your local crisis center. Among other activities, the Services (as defined below) enable coordination and communication with a health care provider. The Services do not replace your relationship with any physician.
IMPORTANT NOTICE ABOUT DISPUTE RESOLUTION: TO THE EXTENT PERMITTED BY LAW, THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT THAT REQUIRES YOU AND PRENUVO TO RESOLVE ALL DISPUTES BETWEEN US, INCLUDING ANY DISPUTE AS TO MEDICAL MALPRACTICE, THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PRENUVO. BY AGREEING TO THESE TERMS, YOU AND PRENUVO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Introduction
Vigilance Health Imaging Network (“Prenuvo Medical Group”) provides MRI screening services and other medical services (“Medical Services”). Prenuvo, Inc. (“Prenuvo”, “we”, “our” or “us”), our parent company provides business, technological and administrative support to Prenuvo Medical Group, owns and operates the Prenuvo website (www.prenuvo.com) (the “Site”), the mobile application (“App”), (together, the App and Site, the “Platform”) including any content, products or services provided through the Platform or otherwise by Prenuvo, Inc. The Platform and Medical Services together are referred to as “Services”.These Terms and Conditions (“Terms”) are part of your contract with us and the Prenuvo Medical Group for Medical Services.
These terms also govern your use of the Platform and certain other services described in these Terms that are made available through the Platform. These terms apply to all our Services, unless expressly stated otherwise.
PLEASE READ THESE TERMS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.YOU UNDERSTAND THAT BY CLICKING “I ACCEPT”, “I AGREE”, OR SIMILAR, OR, FOR THE PLATFORM, BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS, YOU MAY NOT USE THE SERVICES. THE TERMS ARE SUBJECT TO CHANGE AS PROVIDED IN SECTION 19.
1. Important Notices and Disclaimers
Your Relationship with Prenuvo. PRENUVO IS NOT A HEALTHCARE PROVIDER. Prenuvo provides business, technological, and administrative support services to Prenuvo’s affiliated professional entities, including to the Prenuvo Medical Group and the licensed providers who may provide healthcare services to you through the Prenuvo Medical Group (individually a “Healthcare Provider” and collectively, “Healthcare Providers”). Always directly contact your regular healthcare provider with any questions regarding your personal health or medical conditions. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and your regular healthcare provider. You understand that by coordinating and consulting with the Prenuvo Medical Group or their Healthcare Providers through the Services, you are not entering into a provider-patient relationship with Prenuvo.
EXCEPT FOR COMMUNICATIONS RELATED TO YOUR SPECIFIC HEALTH AND WELLNESS THAT YOU RECEIVE FROM THE PRENUVO MEDICAL GROUP OR THEIR HEALTHCARE PROVIDERS, THE INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS CONSULT WITH YOUR REGULAR HEALTHCARE PROVIDER OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL REGARDING QUESTIONS YOU HAVE ABOUT ANY MEDICAL CONDITION BEFORE MAKING HEALTH CARE DECISIONS.
THE SERVICES ARE NOT INTENDED FOR USE IN A MEDICAL EMERGENCY. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR LOCAL EMERGENCY CONTACT NUMBER (E.G., 9-1-1) IMMEDIATELY. NEVER DELAY IN SEEKING PROFESSIONAL MEDICAL ADVICE OR DISREGARD SUCH ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE OR APP.
No Insurance Accepted; Notice of Your Financial Responsibility. The Prenuvo Medical Group does not accept commercial health insurance plans, are not in-network with any commercial health insurance plans, and are not enrolled with federal, provincial or state healthcare programs, such as Medicare and Medicaid. By choosing to use the Services, you are specifically choosing to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or federal, provincial or state healthcare program. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a health program beneficiary, you agree that neither you, Prenuvo, or the Prenuvo Medical Group will submit a claim for reimbursement to any federal, provincial or state healthcare program for the costs of the services and products provided to you through the Services. Please also see Section 5 below for additional terms applicable to your payment obligations.
2. Our Services
Medical Services of the Prenuvo Medical Group are set out on our Site and include providing magnetic resonance imaging scans or other imaging, scans, or medical tests for screening and other assessments at Prenuvo Medical Group locations or third-party locations (“Locations”). Our Services may include administrative support in connection with scheduling, communications, and payment for healthcare services you receive from a Prenuvo Medical Group or a Location (either in-person or virtually).
3. Privacy
Please read our Privacy Policy, available at http://www.prenuvo.com/privacy, for information on our data collection, use and sharing policies and practices in connection with the Services.
4. Account Registration and Security
Before you are able to attend your appointment, you may be required to register for a Patient Account. This will be used to provide you with information about your Medical Services.
You agree to provide complete, accurate information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date. When you create your Patient Account, you will be asked to create a username and password, which you will be solely responsible for safeguarding. You agree not to disclose your username or password to any third party, and you agree to notify us immediately at legal@prenuvo.com if you suspect or become aware of any unauthorized use of your account.
You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your Patient Account, whether or not you have authorized such activities or actions. We will not be liable for any loss or damage arising from your failure to comply with these requirements. We reserve the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
5. Payment
You agree to pay all fees due for Services (including Membership Fees if applicable) requested and pursuant to all payment terms presented to you when engaging in transactions. If you dispute any charges, you must notify Prenuvo in writing within sixty (60) days after the date that Prenuvo charges you. Prenuvo, in its sole discretion, may offer credits or refunds on a case-by-case basis, for example in the event of an error in the amount you were charged.
By providing a credit card or other payment method accepted by us (“Payment Method”), you are expressly agreeing that we are (or our service provider is) authorized to charge the Payment Method for the total amount due, together with any applicable taxes (collectively, as applicable, a “Purchase”). Credit and other payment card transactions are processed by a third-party payment processor, and you agree to comply with the payment terms of such third-party payment processor. Our current third-party payment processor is Stripe. You can review Stripe’s privacy policy at https://stripe.com/privacy.
You understand and agree that you are responsible for all fees due to receive Medical Services, including any fees we collect on behalf of the Prenuvo Medical Group or Locations that provide services to you in connection with the Services. Any healthcare services not provided by us, a Prenuvo Medical Group, or a Location may not be included in the payments collected by Prenuvo and you may be separately charged by the applicable health care organization(s) and/or provider(s) for such services.
If the Payment Method cannot be verified, is invalid or is otherwise not acceptable, we will not be able to confirm your appointment (or Membership, if applicable). You must resolve any payment method problems before we proceed with confirming your appointment (or Membership, if applicable). If a payment is not successfully settled and you do not edit your Payment Method information or cancel your Purchase or account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated.
Third-Party Financing. If you are approved for third-party financing for certain Services provided by Prenuvo Medical Group or Locations, payment processing services for any fees owed by you will be provided by such third-party financing companies, which may include Affirm and their affiliates (“Finance Providers”). You will render payment via the applicable Financing Providers and in accordance with the terms and conditions of such Finance Provider’s terms and conditions, which are currently the Affirm Terms and Conditions located at https://www.affirm.com/terms. Please contact the applicable Payment Processor for more information. Any fees owed by you in connection with the Services will be processed by the Finance Providers. By agreeing to these Terms of Service or continuing to access or use the Service, you agree to be bound by the Payment Processor Terms as modified by such Payment Processor from time to time.
6. Prohibited Uses (Platform)
You may use the Platform only for lawful purposes and in accordance with these Terms.
You agree not to use the Platform:
• In any way that violates any applicable federal, state, provincial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that is offensive, harmful, infringing, obscene, defamatory, abusive, deceptive, untrue, misrepresentative or illegal.
• To transmit, or procure the sending of, any advertising or promotional material.
• To impersonate or attempt to impersonate Prenuvo, a Prenuvo employee, another user or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Prenuvo or users of the Site or expose them to liability.
Additionally, you agree not to:
• Use the Platform in any manner that could disable, overburden, damage or impair the Services or interfere with any other party’s use of the Services.
• Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the Content or other material on the Platform.
•Use any manual process to monitor or copy any of the Content or material on the Platform, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Platform.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Services.
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Platform.
7. Ownership and License to Use the Platform (Platform only)
Ownership. As between Prenuvo and you, Prenuvo is the sole and exclusive owner of all right, title and interest in and to the Platform and its content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel) (the “Services Content”), and any associated copyrights, patents, or other protected or unprotected intellectual property rights. You are not permitted to reproduce, publish, distribute, modify, reverse engineer, disassemble, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Platform or Services Content except as permitted by these Terms or otherwise by Prenuvo expressly in writing. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Platform or Services Content shall be owned solely and exclusively by Prenuvo or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Platform or Services Content.Certain names, logos, and other materials displayed in and through the Platform may constitute trademarks, trade names, service marks or logos (“Marks”) of Prenuvo or its affiliates, including the Prenuvo Medical Group. You are not authorized to use any such Marks without the express written permission of Prenuvo. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
Your License. Subject to your compliance with these Terms, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Platform and Services Content solely for your personal and non-commercial use and only as permitted under these Terms. No other right, title, or interest in or to the Platform or Services Content is transferred to you, and all rights not expressly granted are reserved by Prenuvo or its licensors.
8. Consent to electronic communications
By providing us with your email address or telephone number, you consent to receive electronic communications from Prenuvo and the Affiliated Practices and Imaging Locations through the Services or otherwise (e.g., via email, text message, or by posting notices to the Services). These communications may include information from the Affiliated Practices or Imaging Locations, payment authorizations, password changes, and other transactional or administrative information. You agree that any notices, agreements, disclosures or other communications sent through the Services electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
SMS, Text and Instant Messaging
By opting in to receive text messages from us (the “Text Service”), you agree to these Text Messaging Terms and Conditions. Your participation in the Text Service is also subject to our Privacy Notice.
Providing Telephone Numbers and Duty to Notify: You verify that the mobile number provided to us is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by updating your contact information in your Patient Portal if you are a Prenuvo Patient emailing us at hello@prenuvo.com.
Your Consent to Receive Text Messages: You acknowledge that by providing your telephone number(s), you implicitly agree to receive text messages (such as SMS, MMS, or successor protocols or technologies) from us concerning Prenuvo Services you have purchased, also known as transactional messages. You can generally expect to receive 2-4 messages per week from us regarding your upcoming Prenuvo Scan, Reporting Status, Prenuvo Report release and patient experience follow up. Message and data rates may apply.
Opt In for Promotional Text Messages: If you have provided consent to receive sales, marketing or other promotional text messages, you explicitly agree to receive text messages (such as SMS, MMS, or successor protocols or technologies) from us regarding our products, Services, offers, and promotions. You understand that consent is not required to make any purchase from us. You can generally expect to receive up to 3 promotional messages per week from us. Message and data rates may apply.
Opt Out Instructions: Your consent to receive texts is completely voluntary. You may opt-out at any time. To opt out of text messages, reply STOP to any mobile message from us, or email privacy@prenuvo.com and specify that you want to opt out of text messages. You acknowledge and agree to accept a final text message confirming your opt-out.
How to Get Assistance: If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at 1-833-773-6886.
Indemnification: You agree to indemnify us for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act (TCPA), Canada Anti-Spam Legislation (CASL), the General Data Privacy Act (GDPR) or any federal, state or provincial law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your mobile telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees).
Participation Requirements: By participating in the Text Service, you acknowledge and agree that you are eighteen (18) years of age or older. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Miscellaneous: You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. We reserve the right to change these Terms from time to time. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the Text Service after any such changes, you accept these Terms, as modified.
9. User Content and Feedback (Platform only)
You represent, warrant, and agree that any data or information you submit on or through the Platform, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions/feedback (collectively, “User Content”) does not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal, intellectual property rights or other proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material. You acknowledge, represent, and agree that User Content is submitted voluntarily and is not confidential or proprietary and that User Content does not establish a relationship between you and Us.
You hereby grant Prenuvo, our service providers, our successors and assigns, and the Prenuvo Medical Group and its Healthcare Providers the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties, including, as applicable and unless prohibited by law, to provide Platform to you, market Platform to you, conduct research or analyses of such data, operate our business, and design, develop, implement, modify and/or improve current or future features, products, and services. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that our use of User Content does not violate any law. You understand that any User Content you publish in public forums will be viewable and copyable by other users of the forum and potentially the public at large.
10. Consent to electronic communications
By providing us with your email address or telephone number, you consent to receive electronic communications from Prenuvo and the Prenuvo Medical Group and Locations through the Services or otherwise (e.g., via email, text message, or by posting notices to the Services). These communications may include information from the Prenuvo Medical Group or Locations in relation to Services, payment authorizations, password changes, and other transactional or administrative information. You agree that any notices, agreements, disclosures or other communications sent through the Services electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
11. Linked Services; Third Party Materials (Platform only)
The Platform may provide access to websites, information, products, services and other materials made available by third parties (“Third Party Materials”). We are not responsible for any Third Party Materials (including their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety, or any intellectual property rights contained in them). We do not have any obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) available through the Services at any time. The availability of any Third Party Materials through the Services is not an endorsement of them by Prenuvo, and it does not imply any affiliation with any provider of Third Party Materials. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to the Third Party Materials (like their terms of service or privacy policies).
12. Termination (Platform only)
Prenuvo, in its sole discretion, may terminate or suspend your access to or use of the Platform without notice for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination, all provisions of these Terms in relation to Platform which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity and limitations of liability.
13. No Representations or Warranties (Platform only)
YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PRENUVO AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION THE PRENUVO MEDICAL GROUP , AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL OR STATUTORY, WITH RESPECT TO THE PLATFORM INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE PLATFORM WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PRENUVO NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE PLATFORM. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE PLATFORM, PLATFORM CONTENT, AND USER CONTENT. FURTHERMORE, PRENUVO DOES NOT GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND PRENUVO DISCLAIMS ANY LIABILITY RELATING THERETO.YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE PLATFORM ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION, OR YOUR RELIANCE ON ANY SUCH CONTENT, MATERIAL, AND/OR INFORMATION.
14. Limitation of Liability
PRENUVO AND MEDICAL GROUP OFFERS PREVENTATIVE SCREENING SERVICE(S) NOT DIAGNOSTIC SERVICE(S). PRENUVO’S PREVENTATIVE EXAM IS NOT A SUBSTITUTE FOR DIAGNOSTIC SERVICES.
PRENUVO ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY OF YOUR USER CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
EXCEPT AS MAY BE EXPRESSLY PROVIDED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY LAW, PRENUVO, INC. AND PRENUVO MEDICAL GROUP (INCLUDING, WITHOUT LIMITATION, THE HEALTHCARE PROVIDERS EMPLOYED OR CONTRACTED BY PRENUVO MEDICAL GROUP) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR LOST PROFIT DAMAGES (INCLUDING, FOR THE AVOIDANCE OF DOUBT, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PRENUVO, PRENUVO MEDICAL GROUP AND ITS HEALTHCARE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) YOUR USE OR THE INABILITY TO USE THE SERVICE; (B) YOUR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) ANYTHING OCCURRING AT AN IMAGING LOCATION OR ANY COMMUNICATION OR CONDUCT WITH ANY PERSON AT OR ASSOCIATED WITH AN IMAGING LOCATION, OR ANY THIRD PARTY SERVICES; (E) ANY SERVICES PROVIDED BY A REFERRED HEALTHCARE OR MEDICAL PROVIDER; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF PRENUVO, INC. AND PRENUVO MEDICAL GROUP (INCLUDING, WITHOUT LIMITATION, THE HEALTHCARE PROVIDERS EMPLOYED OR CONTRACTED BY PRENUVO MEDICAL GROUP) TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000).
THE FOREGOING LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY AND EVEN IF YOU OR PRENUVO, INC. AND PRENUVO MEDICAL GROUP (INCLUDING, WITHOUT LIMITATION, THE HEALTHCARE PROVIDERS EMPLOYED OR CONTRACTED BY PRENUVO MEDICAL GROUP) ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS; IF SO, THOSE LIMITATIONS DO NOT APPLY TO YOU. IF ANY PORTION OF THE FOREGOING LIMITATIONS IS HELD TO BE INVALID, SUCH INVALIDITY SHALL NOT AFFECT THE ENFORCEABILITY OF THE REMAINING TERMS SET FORTH HEREIN.
IF YOU ARE DISSATISFIED WITH PRENUVO, INC.’S AND PRENUVO MEDICAL GROUP’S (INCLUDING, WITHOUT LIMITATION, THE HEALTHCARE PROVIDERS EMPLOYED OR CONTRACTED BY PRENUVO MEDICAL GROUP) SERVICES IN ANY WAY OR MANNER OR UNWILLING TO AGREE TO THE FOREGOING LIMITATIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
YOUR AGREEMENT TO THE FOREGOING LIMITATIONS IS A FUNDAMENTAL AND MATERIAL TERM OF THE BARGAIN BETWEEN PRENUVO INC., PRENUVO MEDICAL GROUP (INCLUDING, WITHOUT LIMITATION, THE HEALTHCARE PROVIDERS EMPLOYED OR CONTRACTED BY PRENUVO MEDICAL GROUP) AND YOU.
15. Indemnification (Platform only)
You agree to defend, indemnify and hold Prenuvo, its affiliates, the Prenuvo Medical Group, its subsidiaries, and all of their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from: (i) your use of the Platform, or your use of the Services Content or other materials or features available on the Platform, (ii) your User Content, (iii) your fraud, violation of law, negligence, or willful misconduct, or (iv) your breach of these Terms. Prenuvo reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter.
16. Governing Law; Venue;
Governing Law.
As used herein, the term “Medical Professional Services” means the medical, healthcare, professional, diagnostic, telehealth, and clinical services, activities, interpretations, decisions, readings, and consultations, and all other healthcare related services provided by Prenuvo Medical Group, including, without limitation, through Healthcare Providers.
To the maximum extent permitted by applicable law, except for actions seeking injunctive relief, any claim, dispute, or controversy, whether brought by or against you or Prenuvo, Inc., Prenuvo Medical Group, or any Healthcare Provider (whether in such Healthcare Provider’s individual or professional capacity), arising out of, relating to, or in connection with (i) the interpretation, performance, or breach of these Terms, (ii) the Medical Professional Services provided to you, including, without limitation, any claim against any Healthcare Providers or related to any Healthcare Providers performance of Medical Professional Services, or (iii) the relationship between or among Prenuvo, Prenuvo Medical Group, the Healthcare Providers, or any professional entity, shall be governed by, construed, and resolved exclusively in accordance with and under the substantive laws of the State of California, without regard to conflict-of-laws rules or principles (whether of California or any other jurisdiction) that might otherwise apply the law of any other jurisdiction.
This governing law provision applies to all Medical Professional Services performed by the Prenuvo Medical Group or its Healthcare Providers, regardless of (i) the location, state or jurisdiction in which a professional entity is incorporated or a Healthcare Provider is licensed, (ii) the location, state or jurisdiction where the Medical Professional Services are performed, rendered or received, or (iii) your state of residence or domicile.
The parties expressly intend for California law to apply (1) because Prenuvo is headquartered in California and maintains core administrative functions and policies in California and (2) notwithstanding (a) the residence, domicile, or location of any party, (b) the place of execution or performance of these Terms, (c) the place where services are rendered or received, (d) the state of the Healthcare Provider’s professional licensure or medical practice location, (e) any contrary choice-of-law or conflict-of-law provision, or (f) any assertion that another state’s law or public policy should apply.
The parties acknowledge and agree that this choice of law provision is a material term of these Terms and that it is intended to be enforced notwithstanding any argument of unequal bargaining power, public policy, or statutory conflict, including any assertion that the law of the state where medical services are performed or where a Healthcare Provider is licensed should govern, to the maximum extent permitted by applicable law. If any portion of this Section is found unenforceable, the remaining provisions shall remain in full force and effect, and California law shall still govern to the greatest extent possible.
Venue. Unless you and Prenuvo, Prenuvo Medical Group and its Healthcare Providers agree otherwise, to the maximum extent permitted by applicable law, the state and federal courts in Los Angeles, California will have exclusive jurisdiction over any dispute that is not subject to arbitration. You and Prenuvo, Prenuvo Medical Group and its Healthcare Providers consent to the exclusive jurisdiction of these courts for any dispute that is not subject to arbitration and waive any objections as to: (1) personal jurisdiction or (2) the laying of venue in such courts because of inconvenient forum or any other basis or right to seek to transfer or change venue of any such action to another court.
17. Severability
All parts of these Terms apply to the maximum extent permitted by law. You and Prenuvo agree that if either party cannot enforce any part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part that cannot be enforced, to the fullest extent permitted by law. The invalidity of part of these terms will not affect the validity and enforceability of the remaining provisions.
18. Note to International Users (Platform only)
The Platform are controlled by Prenuvo, which is located in the United States of America. We make no representation that the Services or Content are appropriate or available for use in locations outside of the United States. Accessing the Platform from territories where such content, information or other materials are illegal is prohibited. Those who choose to access our Site from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws.
19. Changes to the Terms for Services
The Services are continually under development, and Prenuvo reserves the right to review or remove any part of these Terms in its sole discretion at any time and without prior notice to you. You should check the Terms from time to time when you use the Services to determine if any changes have been made. Any changes to these Terms are effective upon posting to the Services, unless applicable law requires us to provide additional notice or take other actions before such changes can become effective. If you disagree with these Terms, your sole and exclusive remedy is to discontinue your use of the Services. Your continued use after a change has been posted constitutes your acceptance of the changes.
You acknowledge and agree that: (1) all or any part of the Platform may not be accessible at any time, for any period, or for any reason; and (2) Prenuvo will not be liable if for any reason all or any part of the Platform are unavailable at any time or for any period. Prenuvo reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Platform or any portion thereof, with or without notice. You agree that Prenuvo shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform.
20. Notice Regarding Apple (Platform only)
This Section only applies to the extent you are using the App on an iOS device. You acknowledge that these Terms are between you and Prenuvo only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the Content or any other content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services and/or your possession and use of the Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
21. Notice Regarding Google (Platform only)
The following applies to the extent you acquire the App from the Google Play Store: (i) you acknowledge that these Terms of Service are between you and Prenuvo only, and not with Google, Inc. (“Google”); (ii) your use of the App must comply with Google’s then-current Google Play Terms of Service; (iii) Google is only a provider of Google Play where you obtained the App; (iv) Prenuvo, and not Google, is solely responsible for the App; (v) Google has no obligation or liability to you with respect to the App or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to the App.
22. Miscellaneous Terms
No waiver. No waiver by Prenuvo of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Prenuvo to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
No agency relationship. Neither these Terms, nor any Services Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
Remedies. You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Assignment. You may not assign any of your rights under these Terms, and any such attempt will be null and void. Prenuvo and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of the business of Prenuvo is transferred to another entity by way of merger, sale of its assets, or otherwise.
Notice for California Users. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This release includes the criminal acts of others.
Notice for New York and New Jersey Users: Patients residing in New York and New Jersey have the right under their respective state patient billing laws to request an itemized price list from Prenuvo for their laboratory tests.
Headings. The heading references herein are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This is the entire agreement between you and Prenuvo relating to the subject matter herein and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with Prenuvo.
23. Contact
If you have questions or comments about these Terms, please contact us by sending correspondence to 2727 El Camino Real, Redwood City, California, USA, 90025 or send us an email at legal@prenuvo.com.
Arbitration Agreement - applies to the extent permitted by law
REMINDER & IMPORTANT NOTICE ABOUT DISPUTE RESOLUTION
THIS AGREEMENT REQUIRES YOU AND PRENUVO, INC. AND PRENUVO MEDICAL GROUP (INCLUDING, WITHOUT LIMITATION, THE HEALTHCARE PROVIDERS EMPLOYED OR CONTRACTED BY PRENUVO MEDICAL GROUP)TO RESOLVE ALL DISPUTES BETWEEN US, INCLUDING ANY DISPUTE AS TO MEDICAL MALPRACTICE, THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PRENUVO, INC. AND PRENUVO MEDICAL GROUP (INCLUDING, WITHOUT LIMITATION, THE HEALTHCARE PROVIDERS EMPLOYED OR CONTRACTED BY PRENUVO MEDICAL GROUP). BY SIGNING THIS AGREEMENT, YOU AND PRENUVO, INC. AND PRENUVO MEDICAL GROUP (INCLUDING, WITHOUT LIMITATION, THE HEALTHCARE PROVIDERS EMPLOYED OR CONTRACTED BY PRENUVO MEDICAL GROUP)ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
IT IS UNDERSTOOD THAT ANY DISPUTE AS TO MEDICAL MALPRACTICE, THAT IS AS TO WHETHER ANY MEDICAL SERVICES RENDERED UNDER THIS CONTRACT WERE UNNECESSARY OR UNAUTHORIZED OR WERE IMPROPERLY, NEGLIGENTLY OR INCOMPETENTLY RENDERED, WILL BE DETERMINED BY SUBMISSION TO ARBITRATION AS PROVIDED BY CALIFORNIA LAW, AND NOT BY A LAWSUIT OR RESORT TO COURT PROCESS EXCEPT AS CALIFORNIA LAW PROVIDES FOR JUDICIAL REVIEW OF ARBITRATION PROCEEDINGS. THE PARTIES TO THIS CONTRACT, BY ENTERING INTO IT, ARE GIVING UP THEIR CONSTITUTIONAL RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY, AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION.
Biding Agreement to Arbitration; Waiver of Jury Trial & Class Actions.
You, Prenuvo, Inc. and Prenuvo Medical Group agree that:
• except as set forth in the “Exceptions” Section below, any dispute, claim, or disagreement arising out of or relating in any way to the Consent, Terms, Medical Professional Services, the Platform, or our relationship, and regardless of whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation, common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory (collectively, “Disputes”) will be resolved exclusively through binding arbitration.
• our agreement to arbitrate Disputes survives the termination of any contract, agreements, terms or our relationship, and applies equally to claims brought by either party, whether against the other party, its affiliates, employees, or agents. This means that any Disputes asserted by you against Prenuvo, Prenuvo Medical Group, Healthcare Providers, or any professional entity shall be resolved exclusively through binding arbitration.
• any dispute, claim, or disagreement arising out of or relating in any way to the interpretation or application of this binding arbitration agreement, including any disputes about the enforceability, revocability, scope or validity of this binding arbitration agreement or the arbitrability of any Dispute, will be resolved by the arbitrator, not a court. For the avoidance of doubt, you, Prenuvo, Inc. and Prenuvo Medical Group acknowledge and agree that the arbitrator shall have exclusive authority to resolve all disputes regarding the scope, interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable.
Exceptions.
Although we are agreeing to arbitrate most disputes between us, nothing set forth herein will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court in the county in which you reside; (b) file suit in a court of law to address an intellectual property infringement claim; or (c) seek injunctive relief in a court of law in a state or federal court in Los Angeles, California.
Arbitration Procedure.
You, Prenuvo, Inc. and Prenuvo Medical Group agree that:
• arbitration under this arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) subject to AAA’s Consumer Arbitration Rules then in effect (collectively, “AAA Rules”) except as modified herein. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Prenuvo.
• these Terms evidence a transaction involving interstate commerce and notwithstanding any other provision with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq. and federal arbitration law (not state arbitration law) will govern any proceedings regarding enforcement of this arbitration agreement;any applicable limitations periods (including statutes of limitations) shall apply in arbitration like in court;
• any arbitral award issued pursuant to this arbitration agreement shall have no preclusive effect in any other proceeding involving other Prenuvo Inc. or Prenuvo Medical Group consumers;
• to work together in good faith to ensure that arbitration remains efficient and cost-effective for all parties;
• the arbitrator shall have the authority to award sanctions against parties and their counsel consistent with the standard set forth in Federal Rule of Civil Procedure 11;
• any arbitration hearing will take place in the county of your residence, as determined by your billing address (or another location mutually agreed by the parties) unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county of your residence, as determined by your billing address;
• during the arbitration, the amount of any settlement offer made by you or Prenuvo Inc. or Prenuvo Medical Group must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any;
• regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based;
• except as provided in the “No Class Actions” Section below, the arbitrator may award any relief that would be available if the claims had been brought in a court of competent jurisdiction;
• the arbitrator’s award shall be final and binding on all parties, and judgment on the award may be entered in any court having jurisdiction.
Commencing Arbitration.
Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Prenuvo’s and Prenuvo Medical Group’s address for Notice of Arbitration is: 12100 Wilshire Boulevard, Suite 150, Los Angeles CA 90025. A copy of all Notices of Arbitration must also be sent to Prenuvo via email to legal@prenuvo.com.
The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). You, Prenuvo Inc. and Prenuvo Medical Group agree to make good faith efforts to resolve the Demand directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice of Arbitration is received, you Prenuvo, or Prenuvo Medical Group may commence an arbitration proceeding.
If you commence arbitration in accordance with these Terms, Prenuvo Inc. or Prenuvo Medical Group will reimburse you for your payment of the filing fee, unless your Demand is for more than US$10,000 or if Prenuvo or Prenuvo Medical Group has received twenty-five (25) or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. Prenuvo Inc. or Prenuvo Medical Group shall bear all arbitration costs and arbitrator’s fees for claims up to US$10,000, except that each party shall bear its own attorneys’ fees unless otherwise required by applicable law.
Attorneys’ Fees and Costs. Each party shall bear its own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you, Prenuvo Inc. or Prenuvo Medical Group need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration.
Confidentiality. The parties agree that any and all information exchanged between us in an arbitration shall be used solely and exclusively for that arbitration. You, Prenuvo Inc. and Prenuvo Medical Group agree that we may not, for example, use information obtained in one arbitration proceeding in another arbitration proceeding. You, Prenuvo Inc. and Prenuvo Medical Group also agree to keep any information exchanged between us in any arbitration proceeding confidential between us, our attorneys, and the arbitrator. To the extent additional persons require access to information exchanged for purposes of the arbitration, You, Prenuvo Inc. and Prenuvo Medical Group agree to negotiate in good faith for the entry of a protective order that will impose similar confidentiality obligations.
No Class Actions. YOU, PRENUVO INC., AND PRENUVO MEDICAL GROUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You, Prenuvo, and Prenuvo Medica Group agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. You, Prenuvo, and Prenuvo Medical Group further agree that the FAA and applicable U.S. Supreme Court precedent prohibit class or representative arbitration unless both parties expressly agree otherwise in writing.
Limited Time to Deliver Notice of Arbitration.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU, PRENUVO INC., OR PRENUVO MEDICAL GROUP WANTS TO ASSERT A DISPUTE AGAINST THE OTHER THAT IS SUBJECT TO ARBITRATION PURSUANT TO THESE TERMS, THEN YOU, PRENUVO INC., OR PRENUVO MEDICAL GROUP MUST COMMENCE SUCH DISPUTE BY DELIVERY OF A NOTICE OF ARBITRATION WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.
Severability. All parts of this Arbitration Agreement apply to the maximum extent permitted by law. You, Prenuvo Inc. and Prenuvo Medical Group agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the fullest extent permitted by law. The invalidity of part of these terms will not affect the validity and enforceability of the remaining provisions. However, if the prohibition on class or representative arbitration is deemed unenforceable, then the entirety of this arbitration agreement shall be null and void. The Section headings are for convenience only and do not have any force or effect.
NOTICE: BY CLICKING “I ACCEPT” OR SIMILAR, YOU ARE AGREEING TO HAVE ANY ISSUE OF MEDICAL MALPRACTICE DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP YOUR RIGHT TO A JURY OR COURT TRIAL.
I have read, understand, and agree to the warnings, limitations, disclaimers, and the bold red notices set forth above, including the red notice directly above.
Last updated December 24, 2025
Our Terms and Conditions (UK)
DO NOT USE OUR SERVICES IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY. In an emergency situation, please call 999, contact your doctor or go to the nearest emergency room.
Introduction
Prenuvo Limited (“Prenuvo”, “we”, “our” or “us”) are a company registered in England and Wales. Our company registration number is 15210902 and our registered office is 10 John Street, London, WC1N 2EB. You can contact us by emailing us at legal@prenuvo.com.
We are regulated by the Care Quality Commission (“CQC”) in England under the regulated activity of diagnostic and screening procedures, which includes our imaging services (“Imaging Services”).
Our parent company, Prenuvo, Inc., owns and operates the Prenuvo website available at http://prenuvo.com/uk (the “Site”), the Prenuvo mobile application (“App”), (together, the App and Site, the “Online Services”) and provides other services described in more detail below (together with the Imaging Services and Online Services, the “Services”).
These Terms and Conditions (“Terms”) form your contract with us for Imaging Services. These Terms also govern your use of the Online Services and certain other services described in these Terms that are made available through the Online Services. These Terms apply to all our Services, unless expressly stated otherwise.
PLEASE READ THESE TERMS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.
YOU UNDERSTAND THAT BY CLICKING “I ACCEPT”, “I AGREE”, OR SIMILAR, OR, FOR ONLINE SERVICES, BY ACCESSING OR USING THE ONLINE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS, YOU MAY NOT USE THE SERVICES. THE TERMS ARE SUBJECT TO CHANGE AS PROVIDED IN SECTION 17.
1. Important Notices and Disclaimers.
Your Relationship with Prenuvo. Prenuvo is a CQC registered healthcare provider of diagnostic and screening procedures.
EXCEPT FOR COMMUNICATIONS RELATED TO IMAGING SERVICES WE PROVIDE YOU, THE INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS CONSULT WITH YOUR QUALIFIED HEALTH CARE PROFESSIONAL REGARDING QUESTIONS YOU HAVE ABOUT ANY MEDICAL CONDITION BEFORE MAKING HEALTH CARE DECISIONS.
THE SERVICES ARE NOT INTENDED FOR USE IN A MEDICAL EMERGENCY. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR LOCAL EMERGENCY CONTACT NUMBER (9-9-9) IMMEDIATELY. NEVER DELAY IN SEEKING PROFESSIONAL MEDICAL ADVICE OR DISREGARD SUCH ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE OR APP.
PRENUVO OFFERS PREVENTATIVE SCREENING SERVICE(S) NOT DIAGNOSTIC SERVICE(S). PRENUVO’S PREVENTATIVE EXAM IS NOT A SUBSTITUTE FOR DIAGNOSTIC SERVICES.
Self-pay Services; Notice of Your Financial Responsibility. Prenuvo does not offer or provide any NHS commissioned services. By choosing to use the Services, you acknowledge that you are obtaining products and services on a self-pay basis, entirely outside of any NHS provision. You remain solely responsible for the full cost of any services provided to you. If you have private health insurance that may offer reimbursement for preventive or diagnostic imaging, it is your responsibility to check with your insurer and make any reimbursement claim directly. Please also see Section 5 below for additional terms applicable to your payment obligations.
2. Our Imaging Services
Our Imaging Services are set out on our Site and include providing magnetic resonance imaging scans or other imaging, scans, or medical tests for asymptomatic screening and other assessments at one our CQC-registered locations (“Imaging Locations”).
Booking. You can book an appointment for Imaging Services at one of our Imaging Locations directly through our Site. You must pay for the Imaging Services in advance to guarantee your appointment time and date.
Prenuvo will make every effort to provide the Imaging Services as set out on our Site. However, we reserve the right to cancel or change your appointment for any reason, including, but not limited to, delays or cancellations as a result of an event outside our control, for operational or technical reasons. Where this happens, we will try to give as much notice as possible to you and will liaise with you to arrange an acceptable alternative date to carry out your appointment.
Liability. We are not responsible for the acts and omissions of any staff involved in Imaging Services that are not employed by Prenuvo. This is because these individuals are independent practitioners. We are however responsible for compensating you for personal injury or death caused by our negligence or that of our employed staff. Subject to doing this, and subject to applicable law, we will not be liable to you for an amount greater than the fees paid to us by you for any appointment. While Prenuvo will take all reasonable care to ensure the safety of your belongings whilst at our Imaging Locations, Prenuvo will not accept any responsibility for the theft or loss of, or damage to, any of your or your visitors’ property that you bring to our Imaging Locations.
We may make changes to these Terms for Imaging Services at any time, however, changes will only apply to new Imaging Services provided to you.
For further information in relation to our Imaging Services, include what to expect on the day of your appointment, please refer to our Frequently Asked Questions.
3. Cancellations and Rescheduling Appointments
Late Cancellation or Reschedule
Any cancellation or reschedule request received less than seventy-two (72) business hours before the scheduled appointment time shall result in forfeiture of the associated payment. No refund, credit, or transfer shall be issued.
Failure to Attend; No-Show
If a patient fails to attend a scheduled appointment without providing prior at least 72 business hours notice ("No-Show"), no refund, credit, or transfer shall be issued by Prenuvo.
Medical Intake Form Requirement
Patients must complete the Medical Intake Form ("MIF") no later than three (3) business days before the scheduled appointment. Completion of the MIF within this timeframe is required to allow adequate time for clinical review and to confirm that the scan can safely proceed.
If the MIF is not completed within the required timeframe, Prenuvo may cancel or reschedule the appointment as follows:
(a) First occurrence: The full payment will remain transferable to a rescheduled appointment date.
(b) Second or subsequent occurrence: Fifty percent (50%) of the original payment shall be non-refundable and non-transferable. The remaining fifty percent (50%) shall i) either be refunded if the appointment is cancelled, or ii) applied as a credit if the appointment is rescheduled. Any future appointment, including rescheduled appointments, will require payment of the full scan price at the time of booking.
Cancellation by Prenuvo
Prenuvo shall use commercially reasonable efforts to provide Imaging Services as scheduled. Prenuvo reserves the right to cancel or reschedule any appointment for operational, clinical, or technical reasons, including circumstances beyond its reasonable control. In such event, Prenuvo will provide notice as soon as reasonably practicable and will work with the patient to arrange an alternative appointment.
3. Privacy; Safety
We respect the confidentiality of all of our patients. We will treat all information provided to us by you as confidential and secure.
Please read our Privacy Policy, available at http://www.prenuvo.com/privacy, for information on our data collection, use and sharing policies and practices in connection with the Services.
Safety
Prenuvo is committed to maintaining a safe and respectful environment for patients and staff.
Aggressive, abusive, threatening or intimidating behaviour towards staff or other patients will not be tolerated.
Where such behaviour occurs, Prenuvo reserves the right to discontinue the appointment and, where necessary, refuse further services in order to protect the safety and wellbeing of staff and patients.
Where an appointment is discontinued for this reason, the applicable cancellation and rescheduling policy may apply.
4. Account Registration and Security
Before you attend for your appointment, you may be required to register for a patient account. This will be used to provide you with information about our Imaging Services.
You agree to provide complete, accurate information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date. When you create your account, you will be asked to create a username and password, which you will be solely responsible for safeguarding. You agree not to disclose your username or password to any third party, and you agree to notify us immediately at legal@prenuvo.com if you suspect or become aware of any unauthorised use of your account.
You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, whether or not you have authorised such activities or actions. We will not be liable for any loss or damage arising from your failure to comply with these requirements. We reserve the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
5. Payment
You agree to pay for our Imaging Services at the point you book an appointment and to settle all outstanding fees prior to or on the day of your appointment. A copy of Prenuvo’s fees and standard rates for Services can be found on our Site.
If you dispute any charges, you must notify Prenuvo in writing within sixty (60) days after the date that Prenuvo charges you. Prenuvo, in its sole discretion, may offer credits or refunds on a case-by-case basis, for example in the event of an error in the amount you were charged.
By providing a credit card or other payment method accepted by us (“Payment Method”), you are expressly agreeing that we are (or our service provider is) authorized to charge the Payment Method for the total amount due, together with any applicable taxes (collectively, as applicable, a “Purchase”). Credit and other payment card transactions are processed by a third-party payment processor, and you agree to comply with the payment terms of such third-party payment processor. Our current third-party payment processor is Stripe. You can review Stripe’s privacy policy at https://stripe.com/privacy.
If the Payment Method cannot be verified, is invalid or is otherwise not acceptable, we will not be able to confirm your appointment. You must resolve any payment method problems before we proceed with confirming your appointment. If a payment is not successfully settled and you do not edit your Payment Method information or cancel your Purchase or account, you remain responsible for any uncollected amounts and authorise us to continue billing the Payment Method, as it may be updated.
6. Prohibited uses (Online Services only)
You may use the Online Services only for lawful purposes and in accordance with these Terms.
You agree not to use the Online Services:
- In any way that violates any applicable law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US, UK or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that is offensive, harmful, infringing, obscene, defamatory, abusive, deceptive, untrue, misrepresentative or illegal.
- To transmit, or procure the sending of, any advertising or promotional material.
- To impersonate or attempt to impersonate Prenuvo, a Prenuvo employee, another user or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Prenuvo or users of the Site or expose them to liability.
Additionally, you agree not to:
- Use the Online Services in any manner that could disable, overburden, damage or impair the Services or interfere with any other party’s use of the Services.
- Use any robot, spider or other automatic device, process or means to access the Online Services for any purpose, including monitoring or copying any of the Content or other material on the Online Services.
- Use any manual process to monitor or copy any of the Content or material on the Online Services, or for any other purpose not expressly authorised in these Terms, without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Online Services.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
- Attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Online Services, the server on which the Online Services is stored, or any server, computer or database connected to the Services.
- Attack the Online Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Online Services.
7. Ownership and License to Use the Online Services (Online Services only)
Ownership. As between Prenuvo and you, Prenuvo is the sole and exclusive owner of all right, title and interest in and to the Online Services and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel) (the “Services Content”), and any associated copyrights, patents, or other protected or unprotected intellectual property rights. You are not permitted to reproduce, publish, distribute, modify, reverse engineer, disassemble, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Online Services or Services Content except as permitted by these Terms or otherwise by Prenuvo expressly in writing. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Online Services or Services Content shall be owned solely and exclusively by Prenuvo or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Online Services or Services Content.
Certain names, logos, and other materials displayed in and through the Online Services may constitute trademarks, trade names, service marks or logos (“Marks”) of Prenuvo or its affiliates. You are not authorised to use any such Marks without the express written permission of Prenuvo. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
Your License. Subject to your compliance with these Terms, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Online Services and Services Content solely for your personal and non-commercial use and only as permitted under these Terms. No other right, title, or interest in or to the Online Services or Services Content is transferred to you, and all rights not expressly granted are reserved by Prenuvo or its licensors.
8. User Content and Feedback (Online Services only).
You represent, warrant, and agree that any data or information you submit on or through the Online Services, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions/feedback (collectively, “User Content”) does not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal, intellectual property rights or other proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material. You acknowledge, represent, and agree that User Content is submitted voluntarily and is not confidential or proprietary and that User Content does not establish a relationship between you and us.
You hereby grant Prenuvo, our service providers, our successors and assign the fully transferable and sublicensable right to use, reproduce, modify, analyse, perform, display, distribute, and otherwise disclose to third parties the User Content. Such User Content shall at all times only be used by Prenuvo in accordance with applicable data protection law. You represent and warrant that you have all the rights necessary to grant the rights in this Section 8 and that our use of User Content does not violate any law. You understand that any User Content you publish in public forums will be viewable and copyable by other users of the forum and potentially the public at large.
9. Consent to electronic communications
By providing us with your email address or telephone number, you consent to receive electronic communications from Prenuvo through the Services or otherwise (e.g., via email, text message, or by posting notices to the Services). These communications may include general information in relation to Imaging Services, payment authorisations, password changes, and other transactional or administrative information. We will only send electronic communications that contain sensitive or confidential information in relation to Imaging Services provided to you, such as imaging reports or other health information, through the patient portal accessible via the Online Services. You agree that any notices, agreements, disclosures or other communications sent through the Services electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails both when we first collect your details and then at any time by following the unsubscribe instructions provided in any subsequent marketing communication.
10. Linked Services; Third Party Materials (Online Services only)
The Online Services may provide access to websites, information, products, services and other materials made available by third parties (“Third Party Materials”). We are not responsible for any Third Party Materials (including their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety, or any intellectual property rights contained in them). We do not have any obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) available through the Services at any time. The availability of any Third Party Materials through the Services is not an endorsement of them by Prenuvo, and it does not imply any affiliation with any provider of Third Party Materials. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to the Third Party Materials (like their terms of service or privacy policies).
11. Termination (Online Services only)
Prenuvo, in its sole discretion, may terminate or suspend your access to or use of the Online Services without notice for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination, all provisions of these Terms in relation to Online Services which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity and limitations of liability.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as in section 12, 13 and 14. Accordingly, some of these limitations may not apply to you in their entirety. If you are a resident of a jurisdiction that permits the exclusion of these warranties and liabilities, then the limitations in this section specifically do apply to you.
12. No Representations or Warranties (Online Services only)
YOU EXPRESSLY AGREE THAT USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PRENUVO AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION THE AFFILIATED PRACTICES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ONLINE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE ONLINE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PRENUVO NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE ONLINE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE ONLINE SERVICES, ONLINE SERVICES CONTENT, AND USER CONTENT. FURTHERMORE, PRENUVO DOES NOT GUARANTEE THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND PRENUVO DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE ONLINE SERVICES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION, OR YOUR RELIANCE ON ANY SUCH CONTENT, MATERIAL, AND/OR INFORMATION.
13. Limitation of Liability (Online Services only)
YOU UNDERSTAND THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRENUVO, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER SPECIAL CATEGORY OF DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE ONLINE SERVICES OR ANY ONLINE SERVICES CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE ONLINE SERVICES. THIS IS TRUE EVEN IF PRENUVO OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRENUVO OR ITS RELATED PERSONS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE, THE GREATER OF (I) ONE HUNDRED POUNDS (£100), OR (II) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE ONLINE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.
14. Indemnification (Online Services only)
You agree to defend, indemnify and hold Prenuvo, its affiliates its subsidiaries, and all of their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from: (i) your use of the Online Services, or your use of the Services Content or other materials or features available on the Online Services, (ii) your User Content, (iii) your fraud, violation of law, negligence, or willful misconduct, or (iv) your breach of these Terms.. Prenuvo reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter.
15. Governing Law; Dispute Resolution; Arbitration; Venue; Severability
IMPORTANT NOTE: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND PRENUVO TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PRENUVO. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PRENUVO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Governing Law. These Terms and your use of the Services shall be governed by the laws of England and Wales, without giving effect to the principles of conflict of laws. Subject to the requirement to arbitrate set forth in this Section, exclusive jurisdiction for all disputes that do not require arbitration will be the courts of England and Wales, and you consent to the jurisdiction of those courts.
Binding Arbitration Generally. Except as described in the “Exceptions” section below, you and Prenuvo agree that every dispute arising in connection with these Terms, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation, common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory, regardless of whether a claim arises after the termination of these Terms, and regardless of whether a claim arises before or after the effective date of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) file suit in a court of law to address an intellectual property infringement claim; or (c) seek injunctive relief in a court of law in England and Wales.
Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Arbitration Act 1996 and the seat of the arbitration shall be London, England. Any arbitration between us will be administered by the Centre for Effective Dispute Resolution (“CEDR”)..
Arbitration Relief. Except as provided in the “No Class Actions” section below, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. The arbitrator’s award shall be final and binding on all parties. Judgment on the award may be entered in any court having jurisdiction.
No Class Actions. YOU AND Prenuvo AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Prenuvo agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR PRENUVO WANTS TO ASSERT A DISPUTE AGAINST THE OTHER THAT IS SUBJECT TO ARBITRATION PURSUANT TO THESE TERMS, THEN YOU OR PRENUVO MUST COMMENCE SUCH DISPUTE BY DELIVERY OF A NOTICE OF ARBITRATION WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.
Severability. All parts of these Terms apply to the maximum extent permitted by law. Prenuvo and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
16. Note to International Users (Online Services only)
We make no representation that the Services or Content are appropriate or available for use in locations outside of the United Kingdom. Accessing the Online Services from territories where such content, information or other materials are illegal is prohibited. Those who choose to access our Site from locations outside of the United Kingdom do so on their own initiative and are responsible for compliance with local laws.
17. Changes to the Terms for Online Services (Online Services only)
The Online Services are continually under development, and Prenuvo reserves the right to review or remove any part of these Terms in its sole discretion at any time and without prior notice to you. You should check the Terms from time to time when you use the Services to determine if any changes have been made. Any changes to these Terms are effective upon posting to the Services, unless applicable law requires us to provide additional notice or take other actions before such changes can become effective. If you disagree with these Terms, your sole and exclusive remedy is to discontinue your use of the Services. Your continued use after a change has been posted constitutes your acceptance of the changes.
You acknowledge and agree that: (1) all or any part of the Online Services may not be accessible at any time, for any period, or for any reason; and (2) Prenuvo will not be liable if for any reason all or any part of the Online Services are unavailable at any time or for any period. Prenuvo reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Online Services or any portion thereof, with or without notice. You agree that Prenuvo shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Online Services.
18. Notice Regarding Apple (Online Services only)
This section only applies to the extent you are using the App on an iOS device. You acknowledge that these Terms are between you and Prenuvo only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the Content or any other content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services and/or your possession and use of the Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
19. Notice Regarding Google (Online Services only)
The following applies to the extent you acquire the App from the Google Play Store: (i) you acknowledge that these Terms of Service are between you and Prenuvo only, and not with Google, Inc. (“Google”); (ii) your use of the App must comply with Google’s then-current Google Play Terms of Service; (iii) Google is only a provider of Google Play where you obtained the App; (iv) Prenuvo, and not Google, is solely responsible for the App; (v) Google has no obligation or liability to you with respect to the App or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to the App.
20. Miscellaneous Terms
No waiver. No waiver by Prenuvo of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Prenuvo to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
No agency relationship. Neither these Terms, nor any Services Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
Remedies. You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Assignment. You may not assign any of your rights under these Terms, and any such attempt will be null and void. Prenuvo and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of the business of Prenuvo is transferred to another entity by way of merger, sale of its assets, or otherwise.
Headings. The heading references herein are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This is the entire agreement between you and Prenuvo relating to the subject matter herein and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with Prenuvo.
Last Updated: March 24, 2026
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CONTACT 000 IMMEDIATELY.
Introduction
Prenuvo Australia Pty Ltd. (“Prenuvo”, “we”, “our” or “us”) operates the Prenuvo website available at prenuvo.com/au (the “Site”), the Prenuvo mobile application (“App”), (together the Site and App, constitute the “Services”). These Terms of Use (“Terms”) govern your use of the Services and certain other facilities described in these Terms that are made available through the Services.
PLEASE READ THESE TERMS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.
YOU UNDERSTAND THAT BY CLICKING “I ACCEPT”, “I AGREE”, OR SIMILAR, OR BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST STOP USING THE SERVICES. THE TERMS ARE SUBJECT TO CHANGE AS PROVIDED IN SECTION 18.
1. Important Notices and Disclaimers
Your Relationship with Prenuvo.
Your use of the Services does not replace any relationship you have with your existing healthcare providers. Always directly contact your regular healthcare provider with any questions regarding your personal health or medical conditions. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the healthcare provider. You understand that by coordinating and consulting with the third party healthcare providers through the Services, you are not entering into a doctor-patient relationship with Prenuvo.
EXCEPT FOR COMMUNICATIONS RELATED TO YOUR SPECIFIC HEALTH AND WELLNESS THAT YOU RECEIVE FROM THIRD PARTY HEALTH SERVICE PROVIDERS, THE INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS CONSULT WITH YOUR PROVIDER OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL REGARDING QUESTIONS YOU HAVE ABOUT ANY MEDICAL CONDITION BEFORE MAKING HEALTH CARE DECISIONS.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED IN AUSTRALIA. WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO WHETHER THE SERVICES ARE APPROPRIATE, LEGAL, OR COMPLIANT WITH LAWS, PRACTICES, OR PROFESSIONAL STANDARDS OF OTHER JURISDICTIONS. IF YOU ACCESS THE SERVICES FROM OUTSIDE AUSTRALIA, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAW OF THAT JURISDICTION. YOU SHOULD SEEK INDEPENDENT ADVICE ABOUT THE APPLICATION OF THE SERVICES IN YOUR JURISDICTION, INCLUDING LOCAL STANDARDS AND LAWS.
THE SERVICES ARE NOT INTENDED FOR USE IN A MEDICAL EMERGENCY. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CONTACT 000 IMMEDIATELY. NEVER DELAY IN SEEKING PROFESSIONAL MEDICAL ADVICE OR DISREGARD SUCH ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE OR APP.
No Insurance Accepted; Notice of Your Financial Responsibility. By choosing to use the Services, you are specifically choosing to obtain products and services on a private fee-pay basis. Prenuvo makes no guarantee that the Services, or Prenuvo's related healthcare services are eligible for Medicare or other private health insurance funding. You agree that you are solely responsible for the costs of any services or products provided to you by Prenuvo. You agree that neither you or Prenuvo will submit a claim for reimbursement to Medicare or any private health insurance fund for the costs of the services and products provided to you through Prenuvo or as a result of the Services. Please also see Section 5 below for additional terms applicable to your payment obligations.
2. Our Services
The Services allow users to (a) coordinate magnetic resonance imaging scans or other imaging, scans, or medical tests for screening and other assessments (“Imaging Services”) at one of our locations or third-party imaging locations (“Imaging Locations”), and (b) receive other products or services. For example, the Services may include administrative support in connection with scheduling, communications, and payment for healthcare services you receive from an Imaging Location (either in-person or virtually)
You are responsible for your use of the Services and agree that, to the extent permitted by Australian law, we disclaim any responsibility or liability for any claim, loss, or damage arising from your inappropriate use of the Services.
3. Confidentiality and Privacy
The "Confidential Information" of a party ("Disclosing Party") means all information (regardless of the form of disclosure or the medium used to store it) that is: treated by the Disclosing Party as confidential or which the other party ("Recipient") knows (or ought to know) is confidential; and is not publicly known (other than as a breach by the Recipient). We may collect, use, store, disclose and otherwise handle your personal information in accordance with these Terms, our Privacy Policy, and other applicable legislation.
If you access any Confidential Information through the Services you must keep such Confidential Information confidential, use such Confidential Information only in accordance with these Terms, and not disclose such Confidential Information to any person unless required by law. These confidentiality obligations will continue to apply even when your access to the Services is disabled, terminated, suspended or withdrawn.
Please read our Privacy Policy at http://www.prenuvo.com/privacy and any applicable regional addendum for information on our data and personal information collection, use and sharing policies and practices in connection with the Services and for details on how your information entered into the App will be collected, used, or disclosed by Prenuvo. You can also find information regarding any international data transfers, instructions on how to access information and/or raise complaints about privacy matters in our Privacy Policy. You agree to comply with our Privacy Policy when using the Service.
4. Account Registration and Security
Before you are able to use the Services, you may be required to register for a user account. You agree to provide complete, accurate information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date. You must promptly notify us by email to hello@prenuvo.com if there is any change to your details during the Service period. When you create your account, you will be asked to create a username and password, which you are responsible for safeguarding. You agree not to disclose your username or password to any third party, and you agree to notify us immediately at legal@prenuvo.com if you suspect or become aware of any unauthorized use of your account. You further acknowledge and agree that you are responsible for any activities or actions on or through your account. We will not be liable for loss or damage arising from your failure to keep your login details confidential or to otherwise comply with these requirements. Access to the Services is not a right, and is provided at our discretion. We reserve the right, acting reasonably, to decline to provide you with login details or a password, and disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our reasonable discretion, for any reason, including if, in our reasonable opinion, you have violated any provision of these Terms, or your continued access to the Services could result in harm or loss.
5. Payment
You agree to pay all fees due for healthcare services pursuant to all payment terms presented to you when engaging in transactions. If you dispute any charges, you must notify Prenuvo in writing within sixty (60) days after the date that Prenuvo charges you. Prenuvo, in its reasonable discretion, may offer credits or refunds on a case-by-case basis, for example in the event of an error in the amount you were charged.
By providing a credit card or other payment method accepted by us (“Payment Method”), you expressly agree that we are (or our service provider is) authorized to charge the Payment Method for the total amount due, together with any applicable taxes (collectively, as applicable, a “Purchase”). Credit and other payment card transactions are processed by a third-party payment processor, and you agree to comply with the payment terms of such third-party payment processor. Our current third-party payment processor is Stripe. You can review Stripe’s privacy policy at https://stripe.com/privacy.
You understand and agree that you are responsible for all fees due to receive healthcare services, including any fees we collect on behalf of the Imaging Locations that provide services to you in connection with the Services. Any healthcare services not provided by us or an Imaging Location may not be included in the payments collected by Prenuvo and you may be separately charged by the applicable health care organization(s) and/or provider(s) for such services.
If the Payment Method cannot be verified, is invalid or is otherwise not acceptable, your Purchase may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Purchase. If a payment is not successfully settled and you do not edit your Payment Method information or cancel your Purchase or account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated from time to time.
Third-Party Financing. If you are approved for third-party financing for certain services provided by the Imaging Locations in connection with healthcare services provided by Prenuvo or the Services, payment processing services for any fees owed by you will be provided by such third-party financing companies, and their affiliates (“Finance Providers”) in accordance with their terms. You will render payment via the applicable Financing Providers and in accordance with the terms and conditions of such Finance Provider’s terms and conditions. Please contact the applicable Payment Processor for more information. Any fees owed by you in connection with the Services will be processed by the Finance Providers. By agreeing to these Terms or continuing to access or use the Service, you agree to be bound by the Payment Processor Terms as modified by such Payment Processor from time to time.
6. Use of the Services
You must procure your own internet access and device in order to access and use the Services. You are responsible for all internet access, data downloads and other network charges arising from your use of the Services. You agree that we have no responsibility or liability for those charges. You are responsible for the operation, maintenance and security of your device and for ensuring the Prenuvo App and/or website are accessible from your device. This includes installing a compatible operating system (if applicable) for accessing and using the Services on your device. In order to access and use the Services and its features as intended, you must enable the Services to use cookies and grant the Services any other permissions and access to your device that it requires from time to time. If you do not grant these permissions, you may be unable to use the Services or some of its features.
You may use the Services only for lawful purposes and in accordance with these Terms.
7. Prohibited Uses
You agree not to use the Services:
• In any way that violates any applicable federal, state, territory, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that is offensive, harmful, infringing, obscene, defamatory, abusive, deceptive, untrue, misrepresentative or illegal.
• To transmit, or procure the sending of, any advertising or promotional material.
• In any way that may bring negative exposure or harm to us, our suppliers, or other users of the Services, such as by implying or suggesting that you have any kind of association or affiliation with that person, or approval and endorsement for that person when there is none.
• To impersonate or attempt to impersonate Prenuvo, a Prenuvo employee, another user or any other person or entity.
Additionally, you agree not to:
• Use the Platform in any manner that could disable, overburden, damage or impair the Services or interfere with any other party’s use of the Services.
• Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the Content or other material on the Platform.
•Use any manual process to monitor or copy any of the Content or material on the Platform, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Platform.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Services.
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Platform.
8. Ownership and License to Use the Platform (Platform only)
Ownership. All copyright and other intellectual property rights in the Services (including all trademarks appearing on the Services) and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel, collectively the “Services Content”) are owned by us and/or our licensors. You are not permitted to reproduce, publish, distribute, modify, reverse engineer, disassemble, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Services or Services Content except as permitted by these Terms or otherwise by Prenuvo expressly in writing. You must also not permit or assist any person to engage in any of the aforementioned acts. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Services or Services Content shall be owned solely and exclusively by Prenuvo or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Services or Services Content.
Certain names, logos, and other materials displayed in and through the Services may constitute trademarks, trade names, service marks or logos (“Marks”) of Prenuvo or its affiliates. You are not authorized to use any such Marks without the express written permission of Prenuvo. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
Your License. Subject to your compliance with these Terms, we hereby grant to you a personal, limited, royalty-free, revocable, non-exclusive, and nontransferable license to view, download, access, and use the Services and Services Content solely for your personal and non-commercial use and only as permitted under these Terms. No other right, title, or interest in or to the Services or Services Content is transferred to you, and all rights not expressly granted are reserved by Prenuvo or its licensors. You must not provide, share, grant, enable or permit access to the Services or Services Content by any other person without first obtaining written permission from Prenuvo.
Reporting infringement claims. If it comes to your attention that any person alleges that your access, receipt, or use of the Services or Services Content infringes the rights of any other person or organization, or Prenuvo's rights (or those of its third party licensors) in relation to the Services or Services Content are open to any form of challenge ("Infringement Claim"), you must not make any admissions but must take reasonable steps to promptly report the matter in writing (giving reasonable particulars) to Prenuvo.
Remedy. If an individual or other entity commences, or Prenuvo reasonably believes, that an individual or entity is likely to commence an Infringement Claim, then Prenuvo (at its option) may procure the rights for you to continue to use the Services or other affected materials free of any claim or liability for infringement, or replace or modify the affected materials or part of Services in a manner that is reasonably acceptable that ceases the relevant infringement or alleged infringement, or if Prenuvo is unable (or determines it will not be able) to remedy the Infringement Claim, then either you or Prenuvo may terminate these Terms with immediate effect upon notice.
9. User Content and Feedback
You represent, warrant, and agree that to the best of your knowledge, any data or information you submit on or through the Services, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions/feedback (collectively, “User Content”) does not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal, intellectual property rights or other proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material. You acknowledge, represent, and agree that User Content is submitted voluntarily and is not confidential or proprietary and that User Content does not establish a relationship between you and us.
You hereby grant Prenuvo, our service providers, our successors and assigns the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties, including, as applicable and unless prohibited by law, to provide Services to you, market Services to you, conduct research or analyses of such data, operate our business, and design, develop, implement, modify and/or improve current or future features, products, and services. You represent and warrant that you have all the rights necessary to grant the rights in this Section 8 and that our use of User Content does not violate any law. You understand that any User Content you publish in public forums will be viewable and copyable by other users of the forum and potentially the public at large.
10. Consent to Electronic Communications
By providing us with your email address or telephone number, you consent to receive electronic communications from Prenuvo and Imaging Locations through the Services or otherwise (e.g., via email, text message, or by posting notices to the Services). These communications may include information from Prenuvo or the Imaging Locations, payment authorizations, password changes, and other transactional or administrative information. You agree that any notices, agreements, disclosures or other communications sent through the Services electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. With your consent, and in accordance with our Privacy Policy, we may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
SMS, Text and Instant Messaging
By opting in to receive text messages from Prenuvo, you agree to these Text Messaging Terms and Conditions. Your participation in the Service is also subject to our
Providing Telephone Numbers and Duty to Notify: You verify that the mobile number provided to Us is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by updating your contact information in your Patient Portal if you are a Prenuvo Patient emailing us at hello@prenuvo.com.
Your Consent to Receive Text Messages: You acknowledge that by providing your telephone number(s), you implicitly agree to receive text messages (such as SMS, MMS, or successor protocols or technologies) from Us concerning Prenuvo Services you have purchased, also known as transactional messages. You can generally expect to receive 2-4 messages per week from us regarding your upcoming Prenuvo Scan, Reporting Status, Prenuvo Report release and patient experience follow up. Message and data rates may apply.
Opt In for Promotional Text Messages: If you have provided consent to receive sales, marketing or other promotional text messages, you explicitly agree to receive text messages (such as SMS, MMS, or successor protocols or technologies) from Us regarding Our products, services, offers, and promotions. You understand that consent is not required to make any purchase from Us. You can generally expect to receive up to 3 promotional messages per week from us. Message and data rates may apply.
Opt Out Instructions: Your consent to receive texts is completely voluntary. You may opt-out at any time. To opt out of text messages, reply STOP to any mobile message from Us, or email privacy@prenuvo.com and specify that you want to opt out of text messages. You acknowledge and agree to accept a final text message confirming your opt-out.
How to Get Assistance: If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at (02) 5119 4353.
Indemnification to Us: You agree to indemnify Us for any privacy, tort or other claims, including claims under any federal, state or territorial law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your mobile telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees).
Participation Requirements: By participating in the Service, you acknowledge and agree that you are eighteen (18) years of age or older. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. We reserve the right to change this Agreement from time to time. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Service after any such changes, you accept this Agreement, as modified.
11. Linked Services; Third Party Materials
The Services may provide access to websites, information, products, services and other materials made available by third parties (“Third Party Materials”). We are not responsible for any Third Party Materials (including their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety, or any intellectual property rights contained in them). We do not have any obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) available through the Services at any time. The availability of any Third Party Materials through the Services is not an endorsement of them by Prenuvo, and it does not imply any affiliation with any provider of Third Party Materials. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to the Third Party Materials (like their terms of service or privacy policies).
12. Termination
Termination for breach. If either you commit a material breach of these Terms which is not capable of remedy, or (if the breach is capable of remedy) but you fail to remedy the breach within 30 days of receiving notice from the other party, we may terminate these Terms with immediate effect by written notice to you.
Termination for convenience. Prenuvo, in its sole discretion acting reasonably, may terminate or suspend your access to or use of the Services without notice for any reason.
Survival. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity and limitations of liability.
Consequences of termination. Upon termination of these Terms, your access to the Services will immediately cease. You must immediately cease using the Services and pay Prenuvo any unpaid fees for Services, or other amounts then owing under these Terms.
13. No Representations or Warranties
YOU WARRANT THAT YOU ARE AGED 18 YEARS OR OLDER. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PRENUVO AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM TO THE EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
You agree that the Services may not be available for use from time to time, and that you may be disconnected from your use of the Services at any time, including if any network connection difficulties occur, the systems providing Services are unavailable for any reason (including for maintenance), you breach any of these Terms, or we decide to suspend or terminate your access to the Services for any reason. The performance of the Services depends on various factors, including the functions, capacity and configuration of your device, speed of your internet connection, and the number of users accessing the Services and the systems that support it.
THE INFORMATION AVAILABLE THROUGH THE SERVICES IS SUBJECT TO UPDATES FROM TIME TO TIME AND, WHILE WE AIM TO ENSURE THAT IT IS UP-TO-DATE, THERE MAY BE DELAYS ERRORS OR OMISSIONS THAT COULD AFFECT ITS CURRENCY OR ACCURACY. FURTHERMORE, PRENUVO DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND PRENUVO DISCLAIMS ANY LIABILITY RELATING THERETO.
14. Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PRENUVO AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION THE PRENUVO MEDICAL GROUPS , AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE PLATFORM WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PRENUVO NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE PLATFORM. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE PLATFORM, PLATFORM CONTENT, AND USER CONTENT. FURTHERMORE, PRENUVO DOES NOT GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND PRENUVO DISCLAIMS ANY LIABILITY RELATING THERETO.YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE PLATFORM ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION, OR YOUR RELIANCE ON ANY SUCH CONTENT, MATERIAL, AND/OR INFORMATION.
15. Indemnification
You agree to indemnify and hold Prenuvo (including our employees, officers, contractors and agents), its affiliates, its subsidiaries, and all of their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable legal fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from: (i) your use of the Services, or your use of the Services Content or other materials or features available on the Services in breach of these Terms, (ii) your User Content, (iii) your fraud, violation of law, negligence, or willful misconduct, or (iv) breach of the rights (including intellectual property rights) of any person, except to the extent that such Loss or damage is caused or contributed to by Prenuvo.
16. Governing Law; Dispute Resolution; Arbitration; Venue; Severability
IMPORTANT NOTE: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND PRENUVO TO TAKE CERTAIN STEPS BEFORE COMMENCING ARBITRATION OR COURT PROCEEDINGS (EXCEPT PROCEEDINGS FOR INTERLOCUTORY RELIEF).
Governing Law. These Terms and your use of the Services shall be governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria, Australia.
Dispute Resolution Procedure. If a dispute arises, either Prenuvo or you may give the other party notice ("Notice") describing the nature of the dispute. A notice addressed to Prenuvo should be sent to Prenuvo Australia Pty Ltd., c/- MinterEllison, Level 11, 1 Constitution Avenue, Canberra ACT 2601 and via email to legal@prenuvo.com. Prenuvo may send a notice to you in writing to your current physical address or (if we do not have your current address on file), by electronic mail. The Notice must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement within 30 days after the Notice is received, you or Prenuvo may commence an arbitration proceeding. Each party must pay its own costs of complying with this Section. The parties must equally pay the cost of the arbitrator.
Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) file suit in a court of law to address an intellectual property infringement claim; or (c) seek injunctive relief in a court of law in Victoria, Australia.
Arbitrator. The Arbitrator shall be agreed between the parties to the dispute. If an Arbitrator cannot be agreed upon, You and Prenuvo agree to refer the matter to the Australian Centre for International Commercial Arbitration so an Arbitrator may be appointed.
Arbitration Proceedings. Any arbitration hearing will take place in Victoria, Australia unless otherwise agreed between the parties (such as through a telephonic or video hearing). During the arbitration, the amount of any settlement offer made by you or Prenuvo must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
Arbitration Relief. The arbitrator can award any relief that would be available if the claims had been brought in a court of law. The arbitrator’s award shall be final and binding on all parties. Judgment on the award may be entered in any court having jurisdiction.
Severability. All parts of these Terms apply to the maximum extent permitted by law. Prenuvo and you both agree that if a part of this contract is found to be void, unlawful, invalid or unenforceable, that provision is deemed to be ineffective only to the extent of the prohibition, invalidity, or unenforceability without invalidating the remaining provisions. The invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
17. Note to International Users
The Services are not intended for use outside of Australia. We make no representation that the Services or Content are appropriate or available for use in locations outside of Australia. Accessing the Services from territories where such content, information or other materials are illegal is prohibited. Those who choose to access these Site from locations outside of Australia do so on their own initiative and are responsible for compliance with local laws.
18. Changes to the Terms and the Services
The Services are continually under development, and Prenuvo reserves the right to review or remove any part of these Terms in its sole discretion at any time and without prior notice to you, and will publish the updated version on its prenuvo.com/au . You should check the Terms from time to time when you use the Services to determine if any changes have been made. Any changes to these Terms are effective upon posting to the Services, unless applicable law requires us to provide additional notice or take other actions before such changes can become effective. If you disagree with these Terms, your sole and exclusive remedy is to discontinue your use of the Services. Your continued use after a change has been posted constitutes your acceptance of the changes.
You acknowledge and agree that: (1) all or any part of the Services may not be accessible at any time, for any period, or for any reason; and (2) Prenuvo will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. Prenuvo reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Services or any portion thereof, with or without notice. You agree that Prenuvo shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
19. Notice Regarding Apple
This section only applies to the extent you are using the App on an iOS device. You acknowledge that these Terms are between you and Prenuvo only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the Content or any other content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services and/or your possession and use of the Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
20. Notice Regarding Google
The following applies to the extent you acquire the App from the Google Play Store: (i) you acknowledge that these Terms of Service are between you and Prenuvo only, and not with Google, Inc. (“Google”); (ii) your use of the App must comply with Google’s then-current Google Play Terms of Service; (iii) Google is only a provider of Google Play where you obtained the App; (iv) Prenuvo, and not Google, is solely responsible for the App; (v) Google has no obligation or liability to you with respect to the App or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to the App.
21. Miscellaneous Items
No waiver. No waiver by Prenuvo of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Prenuvo to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
No agency relationship. Neither these Terms, nor any Services Content, materials or features of the Services create any partnership, joint venture, employment, fiduciary relationship, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
Remedies. You agree that any violation, or threatened violation, by you of these Terms may result in monetary damages, injunctive or equitable relief and any other remedies available at law or in equity.
Assignment. You may not assign any of your rights under these Terms, and any such attempt will be null and void. Prenuvo and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of the business of Prenuvo is transferred to another entity by way of merger, sale of its assets, or otherwise.
Force majeure. To the extent permitted by law, we will not be liable to you for any failure to fulfil, or delay in fulfilling, our obligations caused by circumstances outside of our reasonable control, including but not limited to: any strike, declared pandemic, lock-out or other form of industrial action, fire, flood, earthquake or act of God.
Headings. The heading references herein are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This is the entire agreement between you and Prenuvo relating to the subject matter herein and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with Prenuvo.
Notices. Notices to be given to either party must be in writing. Any notices addressed to us must be delivered to use by email to legal@prenuvo.com or at our registered office:
Prenuvo Australia Pty Ltd
c/- MinterEllison
Level 11
1 Constitution Avenue
Canberra ACT 2601
22. Contact
If you have questions or comments about these Terms, please contact us by sending correspondence to Prenuvo Australia Pty Ltd, c/- MinterEllison, Level 11, 1 Constitution Avenue, Canberra ACT 2601 or send us an email at legal@prenuvo.com.
Last Updated: 05 December 2025
Terms of Service (Holiday Promotion)
This offer is valid until May 12, 2026. Discount applicable to Whole Body Scan, and Executive & Comprehensive Memberships only. Cannot be combined with any other discount codes or applicable offers. Eligible for US residents only. Applies only to Prenuvo clinics in the US except Hercules Research Center. No cash value. For full details, view our full Terms and Privacy Notice.
Last Updated: May 4, 2026
Prenuvo Referral Program Terms and Conditions
These terms and conditions (“Terms”) apply to Prenuvo’s Share Health Program (“Program”) offered by Prenuvo, Inc. and its affiliated professional entities (together, “Prenuvo”). Both existing patients of Prenuvo (“Existing Patients”) and new patients of Prenuvo (“Recipients”) agree to these Terms by participating in the Program.
1. Program Eligibility
Existing Patients: Must be an Existing Patient that has received a scan at an Eligible Prenuvo clinic location, on or after January 1st, 2020.
Recipients: Must be at least 18 years of age or older or have reached the age of majority in their jurisdiction of residence as of the date of referral and be a new patient that has never scheduled and/or received a whole-body, enhanced screening, or priority access scan (collectively “Services”) at an Eligible Prenuvo Clinic Location.
Eligible Prenuvo Clinic Location: Clinics located in the United States and Canada are eligible for participation in the Program. The Prenuvo Hercules Research Center located in Boston, MA is excluded from the Program. Individuals who have received Services at Prenuvo Hercules Research Center are not eligible for participation in the Program.
Eligibility Limitations: Existing Patients that received Services at an Eligible Prenuvo Clinic Location in Canada may provide their unique referral code or link to Recipients. However, these Existing Patients will not be eligible to receive a $200 credit to their account for any referrals they make.
Employees, contractors, consultants, officers, directors, and agents of Prenuvo are not eligible to participate in the Program. Influencers, medical providers, and enterprise clients are not eligible to participate in the Program.
2. How the Program Works
Upon completion of their scan, Existing Patients will receive a unique referral code or link to provide to Recipients. The unique referral code or link must be used at the time a Recipient schedules and pays for Services at an Eligible Prenuvo Clinic Location. If eligible, the Recipient will receive $300 off their Service(s). After the Recipient completes their Service(s) that was scheduled using the referral code or link, the Existing Patient will receive a $200 credit to their account. If a Recipient’s Service(s) is cancelled or refunded for any reason, the Existing Patient will not receive a credit to their account.
An Existing Patient may only earn one $200 credit for each referral. An Existing Patient cannot earn more than one $200 credit for the same Recipient nor refer themselves to the Program using multiple accounts. The maximum amount of credits that an Existing Patient may earn is $5,000. If an Existing Patient earns multiple credits from referring different Recipients, the Existing Patient can accumulate and combine their credits to be applied toward future Services, as long as the combined credits do not exceed the maximum limit of $5,000.
3. Referral Credit Usage & Limitations
Credits may be used by Existing Patients for future Services at Eligible Prenuvo Clinic Locations and can be redeemed in full. If applicable, accumulated credits can be combined and used by an Existing Patient towards the cost of future Services, provided they comply with these Terms. Credits may only be used by Existing Patients for future whole-body, enhanced screening, or priority access scans (collectively “Services”). Referral credits may only be applied to the account of the Existing Patient and for Services for the Existing Patient. Credits cannot be sold, assigned, or transferred to third parties. Existing Patients must schedule and complete their future Services, at an Eligible Prenuvo Clinic Location.
Credits used by Existing Patients may be combined with return patient offers. Credits cannot be redeemed for cash, gift cards, or any other monetary value. Credits cannot be combined with any other discount codes, including but not limited to, influencer discount codes, physician referral codes, enterprise pricing, strategic partnership pricing, or any other applicable discount program.
4. Program Disqualification
Prenuvo reserves the right, at any time and in its sole discretion, to disqualify and/or deem ineligible to participate in the Program any individual who Prenuvo believes to be: (i) acting in violation of these Terms; (ii) engaging in fraud or abuse of the Program and/or referral credit usage; or (iii) exhibiting inappropriate or suspicious behavior.
5. Termination and Modification of Program and Terms
Prenuvo may at any time and in its sole discretion suspend, terminate, or modify the Program or modify these Program Terms upon notice, which notice may be provided through prenuvo.com/terms-share-health, email, or such other methods as determined by Prenuvo. In the event there is any suspension or termination of the Program, an Existing Patient’s existing credits may remain valid or may be subject to a limited grace period, at Prenuvo’s sole direction.
6. Compliance
This Program is intended to comply with applicable healthcare and privacy laws. Prenuvo will not disclose patient identities to other patients. Any application of credits will be processed without disclosing the specific patient or patient health information.
7. General Release
By participating in this Program, Existing Patients and Recipients agree to release and hold harmless Prenuvo and Prenuvo affiliated professional entities and their respective affiliates, agents, directors, officers, employees, shareholders and representatives a (collectively “Releasees”) from and against any and all claims, demands, losses, causes of action, damages, lawsuits, judgments, including attorneys’ fees, arising out of or relating to the Program.
8. Limitation of Liability
To the fullest extent permitted by law, under no circumstances shall the Releasees be liable to any Existing Patients or Recipients or any third party for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or related to the Program.
9. No Warranties
Except as otherwise provided herein, Prenuvo disclaims any and all representations and express and implied warranties in relation to the Program, including without limitation warranties of merchantability, non-infringement and fitness for a particular purpose.
10. Governing Law
These Terms and any action related will be governed, controlled, and interpreted by and under the laws of the State of California, without giving effect to any conflicts of laws principles. Any disputes under these Terms may be brought in the state courts and the Federal courts for the county in which Prenuvo’s principal place of business is located.
11. Contact
If you have questions or comments about these Terms, please contact us by sending correspondence to 2727 El Camino Real, California, USA, 94061 or send us an email at legal@prenuvo.com.
Last Updated: 24 Sept 2025
Privacy Notice
Last Updated: 14 Apr 2026
Prenuvo, Inc. and its affiliates, including Prenuvo of Golden State PC, Prenuvo of Minnesota PC, Prenuvo Radiology PA, Hercules Study PC, Independent Radiology of New York PC, Vigilance Health Imaging Network (Canada), Prenuvo Pty Ltd (Australia), Prenuvo Limited (United Kingdom) and Lisa Prevention LLC (“Prenuvo”, “us,” “we,” or “our”) are committed to protecting the privacy of your Personal Information (as defined below).
The purpose of this Privacy Notice (“Privacy Notice”) is to explain how we may collect, use, store, disclose, or otherwise process your Personal Information when you interact with us through our websites, emails, social media accounts, mobile applications, and other properties (collectively, our “Digital Properties”) and through other online and offline interactions, such as when you receive a Prenuvo scan at one of our locations. All capitalized terms not defined in this Privacy Notice have the same meaning as in the Prenuvo Terms of Service, available here: https://prenuvo.com/terms/.
Some of the Personal Information we receive or collect about you may be subject to different state, provincial, territory and/or federal privacy laws governing the use and disclosure of Personal or Health Information. We have designed this Privacy Notice to comply with applicable regional privacy laws and descriptions regarding our collection, use and disclosure of Personal Information. For additional information regarding our practices relating to the collection and use of Health Information, please see our Health Privacy Notice and addenda as applicable. In some cases, regional laws may be slightly different than what we have outlined here and may further restrict the collection or use of your Personal Information. Please see our Regional Privacy Notice Addenda in addition to this Privacy Notice for additional information that may apply to the region where your scan is performed, or you reside.
Employees, job applicants and independent contractors will receive a supplemental HR Privacy Notice that applies to their relationship with Prenuvo. In the event of any conflict or inconsistency with this Privacy Notice, the terms of that supplementary privacy notice will prevail.
We may change this Privacy Policy from time to time, when we do we will update the “Last Updated” date at the top of this Privacy Notice. The updated version will be effective when it is posted. If we make material changes to the way we use or disclose information we collect, we will use reasonable efforts to notify you such as by emailing you at the last email address you provided to us, by posting notice of such changes on the Services, or by other methods consistent with applicable law. Where required by applicable law, we will also seek additional consent before such changes are made. If you do not agree to any updates to this Privacy Policy, please do not continue using or accessing the Services.
Categories of Personal Information We May Collect
Identifiers and Contact Information (Including Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))), such as your name, physical characteristics or description, alias, postal/physical address, email address, telephone number, business contact information, account number or other unique personal identifier, device identifiers (such as cookie IDs and IP address), and/or other similar identifiers.
Sensitive Personal Information and/or Protected class and demographic information under California or other applicable regional law, such as Government Identifiers (driver’s license; government issued identification card; Personal Health Number, or passport number), age (40 years or older) including date of birth; race or ethnic origin; color; ancestry; religious beliefs; information about your health including medications, treatments, substance use, mental and/or physical symptoms, conditions, or disabilities; Medical or Health Insurance information including insurance policy number; sex (including gender, gender identity, gender expression, transgender or non-binary status, pregnancy or childbirth and related medical conditions); content of mail, email, and text messages where we are not the intended recipient.
Records about you, such as preference information (including marketing and purchasing preferences), account settings (including any default preferences), the content, timing and method of communications you have with us, such as online chats, calls, and emails, signatures and physical characteristics or a description of you.
Commercial and Payment information, such as purchase or subscription information, information about products you order or are interested in, payment details, delivery details, and other commercial or financial information; and legal information relating to your transactions, such as fraud checks or flags raised about your transactions, payment card refusals, complaints and information related to their resolution, and legal requests and communications.
Internet or other electronic network activity information, such as your browsing history, search history, and other information regarding your interactions with and use of the Digital Properties. For more information about cookies and other device data, please see the Cookies and Other Tracking Technologies section below.
Non-precise geolocation data, such as your approximate location based on your IP address.
Audio, electronic, visual, or other sensory information, such as photographs taken at events, call recordings, and video recordings.
Inferences drawn from any of the information we collect to assess the level of interest in our products and services based on frequency of visits and contact and determine your preferred frequency for receiving offers. Profile reflecting a person’s preferences; characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Sources of Personal Information
“Personal Information” is any data that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Except where otherwise provided by law, Personal Information does not include publicly available information, de-identified or aggregated information, or information covered by certain federal and state laws.
We collect Personal Information about you from the following sources:
Directly from you. We may collect Personal Information you provide to us directly, such as when you contact us through our Digital Properties, interact with us in person at one of our locations, sign up for offers or newsletters, communicate with us, place or customize orders, or sign up for an account or other services.
Data collected through tracking technologies. We may collect information or inferences about you, such as through cookies and other tracking technologies, when you interact with our Digital Properties in accordance with applicable data protection laws. This may include information about how you use and interact with our Digital Properties or otherwise interact with us, information about your device, and internet usage information.
From third parties. We may collect Personal Information from third parties, such as physicians and other medical professionals who practice through our affiliated professional companies, service and content providers, business partners, data brokers, lead generators, companies that provide or sell lists of potential customers, social media companies or other parties who interact with us as permitted by applicable law.
From publicly available sources. We may collect Personal Information about you from publicly available sources, such as public profiles and websites as permitted by applicable law.
We may combine and use information and make inferences from information that we receive from the various sources described in this Privacy Notice, including third party sources. We may also use or disclose the combined information and inferences for the purposes identified below.
How We Use Personal Information
We may use Personal Information for the following purposes:
To provide you products and services, such as providing and delivering you the goods and services you request, providing customer service; processing or fulfilling orders and transactions, verifying customer information; processing payments; communicating with you about your product, service or subscription; hosting informational webinars; verifying eligibility for certain programs or benefits; responding to requests, complaints, and inquiries; and providing similar services or otherwise facilitating your relationship with us.
For our internal business purposes, such as maintaining or servicing accounts; operating our Digital Properties and customizing the content; maintaining internal business records; enforcing our policies and rules; conducting organizational analysis; completing management reporting; auditing; and/or maintaining records on business activities.
For our internal research and product improvement purposes, such as verifying or maintaining the quality or safety of our products or services; improving our products or services; designing new products and services; evaluating the effectiveness of our advertising or marketing efforts; and debugging and repairing errors with our systems, networks, and equipment.
For legal, safety or security reasons, such as complying with legal requirements, processes, or orders; fulfilling reporting and similar requirements; complying with government inspections and other requests from government or other public authorities; pursuing legal rights and remedies; investigating and responding to claims against us and our customers and employees; protecting our, your, our customers’, and other individuals’ safety, property or rights; addressing security and health and safety issues (including managing spread of communicable diseases) and malicious, deceptive, fraudulent, or illegal activity; and receiving legal advice or approval.
For marketing and targeted advertising, such as marketing our products or services or those of our affiliates, business partners, or other third parties. For example, we may use Personal Information we collect to personalize advertising to you on the Prenuvo website or others, to analyze interactions with our email communications or website areas viewed, to develop product, brand or services audiences (including by identifying you across devices/sites) to better target our advertising to you, or to send you newsletters, surveys, questionnaires, promotions, or information about events or webinars.
Prenuvo will not use the Personal Information we collect for materially different, unrelated, or incompatible purposes without providing you with notice of the intended use and the rights that may apply to you.
We may use anonymized, de-identified, or aggregated information for any purpose permitted by applicable regional law.
Phone Call Recording, Monitoring, Transcription and Automated Analysis
When we record and monitor phone calls
When you call Prenuvo, or when we call you, we may ask for your consent to record, monitor, transcribe, and analyze the call. You are not required to consent. If you decline, the call will continue and services will not be affected. Your choice will not impact your care, access to services, or how you are treated. Where required by law, we will obtain your consent before any of these activities begin. You may withdraw your consent at any time, and we will stop these activities immediately.
How calls may be monitored and analyzed
If you consent, your call may be recorded, transcribed, and monitored in real time to support staff. We may also use automated tools to assess call quality and general tone (for example, whether a call appears positive or negative). Any guidance provided during the call is intended to support communication and consistency and does not affect the services available to you or the outcome of your request. These tools generate general indicators about the conversation and are not used to evaluate you, make decisions about you, or affect your access to services.
Why we use recording, monitoring, and analysis
We use these tools to:
- train and support our staff
- review and improve call quality
- improve patient and customer experience
- identify general trends across many interactions and ways to improve our services
These activities are meant to improve how we communicate and support you. They do not affect your ability to receive services.
How your information is used and kept
Call recordings and transcripts are retained for up to 90 days and then automatically deleted. Before transcripts are used for broader analysis, we take steps to remove or mask direct identifiers and reduce sensitive personal information.
Access to recordings, transcripts, and related analysis is limited to trained staff who require it for their roles. For example, sales teams may access calls related to customer inquiries, and clinical or patient support teams may access calls related to care or coordination. Staff do not have unrestricted access; permissions are role-based and limited to relevant interactions. We use controls such as role-based access, logging, and periodic reviews to ensure appropriate access.
We may also use information in aggregated form and in forms that reduce the ability to identify individuals to understand patterns across calls rather than individual interactions. These insights are designed to minimize the use of identifiable information and are not focused on identifying individuals. While these measures reduce identifiability, the data may still be considered personal information under applicable laws, and we apply safeguards accordingly.
Service providers and processing
We use service providers, including Dialpad, to support call recording, transcription, and analysis. These providers process information on our behalf and follow our instructions. We have configured these services so that your information is not used to train artificial intelligence models. Dialpad’s general data practices are described in its Privacy Policy, available at: https://www.dialpad.com/legal/#privacy
Sharing, Disclosure and Selling Personal Information
We understand the importance of protecting the confidentiality of your information and limit our disclosure of your Personal and/or Health Information to the following categories of third parties:
- Affiliates and subsidiaries, including parent entities, corporate affiliates, subsidiaries, business units, and other companies that share common ownership.
- Service providers that work on our behalf to provide the products and services you request or support our relationship with you, such as IT providers, internet service providers, web hosting providers, data analytics providers, and companies that provide business support services, financial administration, or event organization.
- Professional consultants, such as accountants, lawyers, financial advisors, and audit firms.
- Other entities in connection with a corporate transaction, such as if we, or some or all of our assets, are acquired by another entity, including through a sale in connection with bankruptcy or other forms of corporate change.
- Business partners that may use Personal Information for their own purposes, such as companies that operate cookies and other tracking technologies, social media companies, data brokers, marketing and advertising partners, and other business partners for their own marketing, research, or analytics purposes. Where required by law, we will obtain your consent prior to disclosing your Personal Information to our business partners. Where recipients use your Personal Information for their own purposes independently from us, we are not responsible for their privacy practices or Personal Information processing policies.
- Entities to which you have consented to the disclosure.
We disclose your Personal Information to the categories of third parties listed above for the following business purposes:
- Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
- Helping to ensure security and integrity of our Services and IT infrastructure to the extent the use of the Personal Information is reasonably necessary and required for these purposes.
- Debugging to identify and repair errors that impair existing intended functionality.
- Short–term use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us. Our agreements with third parties generally prohibit your Personal Information from disclosure to another third-party and from using your Personal Information to build a profile about you or otherwise alter your experience outside your current interaction with us.
- Performing services on behalf of us, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of us.
- Providing advertising and marketing services to Consumers.
- Undertaking research and publications for technological development and demonstration in the health care space.
We do not use or disclose your Sensitive Personal Information, including Personal or Protected Health Information for any purpose other than the following:
- To perform services on behalf of us, such as maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of us.
- To perform the services or provide the goods reasonably expected by an average Consumer who requests such goods or services.
- To detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted Personal Information, provided that our use of your Personal Information is reasonably necessary and proportionate for such purposes.
- To resist malicious, deceptive, fraudulent, or illegal actions directed at Prenuvo and to prosecute those responsible for those actions, provided that our use of your Personal Information is reasonably necessary and proportionate for this purpose.
- To ensure the safety of natural persons, provided that our use of your Personal Information is reasonably necessary and proportionate for this purpose.
- To verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured by, manufactured for, or controlled by us.
In addition to the above, we may disclose any or all categories of Personal Information to any third-party (including government entities and/or law enforcement entities) as necessary to:
- Comply with federal, state, provincial, or local laws, or to comply with a court order or subpoena to provide information.
- Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, provincial, state, or local authorities.
- Cooperate with law enforcement agencies concerning conduct or activities that we (or one of our service providers) believe may violate federal, state, provincial, or local law.
- Comply with certain government agency requests for emergency access to your Personal Information if you are at risk or danger of death or serious physical injury.
- Enforce or apply our Terms of Use and other agreements or policies.Protect your, our, our customers’, or other third parties’ safety, property, or rights.
- Exercise or defend legal claims.
“Sale” of Your Personal Information for Monetary or Other Valuable Consideration
We do not sell Personal Information as the term “sell” is commonly understood to require an exchange for money. However, using advertising and analytics cookies on our Website is considered a “sale” of Personal Information as the term “sale” is broadly defined in some regional legislation, such as the CCPA in California, to include both monetary and other valuable consideration. Using this broad definition, our “sale” is limited to our use of third-party advertising and analytics cookies and their use in providing behavioral advertising and their use in understanding how people use and interact with our Website(s). Our “sale” of your Personal Information is subject to your right to opt-out of those sales (see Exercising Your Privacy Rights), however, if you reside in certain regions including the United Kingdom, European Economic Area and Quebec, Canada you must consent to sharing of your Personal Information before we can use your information for these purposes.
“Sharing” of Your Personal Information for Cross-Context Behavioral Advertising
Prenuvo may “share” your Personal Information for the purpose of cross-context behavioral advertising, subject to your right to opt out of that sharing, or consent to this sharing if you reside in certain regions including the United Kingdom, the European Economic Area and Quebec, Canada. Our “sharing” for the purpose of cross-context behavioral advertising would be limited to our use of third-party advertising cookies and their use in providing you cross-context behavioral advertising (i.e., advertising on other websites or in other mediums). When the recipients of your Personal Information disclosed for the purpose of cross-context behavioral advertising are also permitted to use your Personal Information to provide advertising to others, we also consider this disclosure as a “sale” for monetary or other valuable consideration under the definition of “sell” above. We do not knowingly sell or share any Personal Information of minors under the age of 18.
Below you will find a list of the categories of Personal Information we have collected and with the categories of third parties with whom it was sold, shared, or disclosed for a business purpose in the past 12 months.
Personal Identifiers
Categories of Third Parties With Whom We Disclose Identifiers for a Business Purpose
(1) Affiliates and subsidiaries, (2) Service providers, (3) Professional consultants, (4) Vendors necessary to complete transactions you request, (5) Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes, (6) In connection with a corporate transaction, (7) Entities to which you have consented to the disclosure
Categories of Third Parties to Whom Identifiers are Sold or Shared
(1) Advertisers, ad platforms and networks, and social media platforms, (2) Third parties whose cookies and tracking tools we use as described in our Cookies Policy, (3) Commercial data partners to whom we make information available for their own marketing purposes, (4) Partners who work with us on promotional or sponsorship opportunities, including co-branded products and services
Personal Information
Categories of Third Parties With Whom We Disclose Personal Information for a Business Purpose
(1) Affiliates and subsidiaries, (2) Service providers, (3) Professional consultants, (4) Vendors necessary to complete transactions you request, (5) Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes, (6) In connection with a corporate transaction, (7) Entities to which you have consented to the disclosure
Categories of Third Parties to Whom Personal Information are Sold or Shared
(1) Advertisers, ad platforms and networks, and social media platforms, (2) Third parties whose cookies and tracking tools we use as described in our Cookies Policy, (3) Commercial data partners to whom we make information available for their own marketing purposes, (4) Partners who work with us on promotional or sponsorship opportunities, including co-branded products and services
Characteristics of Protected Classifications
Categories of Third Parties With Whom We Disclose Characteristics of Protected Classifications for a Business Purpose
(1) Affiliates and subsidiaries, (2) Service providers, (3) Professional consultants, (4) Vendors necessary to complete transactions you request, (5) Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes, (6) In connection with a corporate transaction, (7) Entities to which you have consented to the disclosure
Categories of Third Parties to Whom Characteristics of Protected Classifications are Sold or Shared
Not Sold or Shared
Payment Information
Categories of Third Parties With Whom We Disclose Payment Information for a Business Purpose
(1) Affiliates and subsidiaries, (2) Service providers, (3) Professional consultants, (4) Vendors necessary to complete transactions you request, (5) Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes, (6) In connection with a corporate transaction, (7) Entities to which you have consented to the disclosure
Categories of Third Parties to Whom Payment Information are Sold or Shared
Not Sold or Shared
Commercial Information
Categories of Third Parties With Whom We Disclose Commercial Information for a Business Purpose
(1) Affiliates and subsidiaries, (2) Service providers, (3) Professional consultants, (4) Vendors necessary to complete transactions you request, (5) Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes, (6) In connection with a corporate transaction, (7) Entities to which you have consented to the disclosure
Categories of Third Parties to Whom Commercial Information are Sold or Shared
(1) Advertisers, ad platforms and networks, and social media platforms (2) Third parties whose cookies and tracking tools we use as described in our Cookies Policy. (3) Commercial data partners to whom we make information available for their own marketing purposes (4) Partners who work with us on promotional or sponsorship opportunities, including co-branded products and services
Internet or Other Electronic Network Activity
Categories of Third Parties With Whom We Disclose Internet or Other Electronic Network Activity for a Business Purpose
(1) Affiliates and subsidiaries, (2) Service providers, (3) Professional consultants, (4) Vendors necessary to complete transactions you request, (5) Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes, (6) In connection with a corporate transaction, (7) Entities to which you have consented to the disclosure
Categories of Third Parties to Whom Internet or Other Electronic Network Activity are Sold or Shared
(1) Advertisers, ad platforms and networks, and social media platforms (2) Third parties whose cookies and tracking tools we use as described in our Cookies Policy. (3) Commercial data partners to whom we make information available for their own marketing purposes (4) Partners who work with us on promotional or sponsorship opportunities, including co-branded products and services
Non-Precise Geolocation Data
Categories of Third Parties With Whom We Disclose Geolocation Data for a Business Purpose
(1) Affiliates and subsidiaries, (2) Service providers, (3) Professional consultants, (4) Vendors necessary to complete transactions you request, (5) Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes, (6) In connection with a corporate transaction, (7) Entities to which you have consented to the disclosure
Categories of Third Parties to Whom Geolocation Data are Sold or Shared
(1) Advertisers, ad platforms and networks, and social media platforms (2) Third parties whose cookies and tracking tools we use as described in our Cookies Policy. (3) Commercial data partners to whom we make information available for their own marketing purposes (4) Partners who work with us on promotional or sponsorship opportunities, including co-branded products and services
Audio, Electronic, Visual, or Other Sensory Information
Categories of Third Parties With Whom We Disclose Audio, Electronic, Visual, or Other Sensory Information for a Business Purpose
(1) Affiliates and subsidiaries, (2) Service providers, (3) Professional consultants, (4) Vendors necessary to complete transactions you request, (5) Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes, (6) In connection with a corporate transaction, (7) Entities to which you have consented to the disclosure
Categories of Third Parties to Whom Audio, Electronic, Visual, or Other Sensory Information are Sold or Shared
Not Sold or Shared
Inferences
Categories of Third Parties With Whom We Disclose Inferences for a Business Purpose
(1) Affiliates and subsidiaries, (2) Service providers, (3) Professional consultants, (4) Vendors necessary to complete transactions you request, (5) Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes, (6) In connection with a corporate transaction, (7) Entities to which you have consented to the disclosure
Categories of Third Parties to Whom Inferences are Sold or Shared
(1) Advertisers, ad platforms and networks, and social media platforms (2) Third parties whose cookies and tracking tools we use as described in our Cookies Policy. (3) Commercial data partners to whom we make information available for their own marketing purposes (4) Partners who work with us on promotional or sponsorship opportunities, including co-branded products and services
Sensitive Personal Information
Categories of Third Parties With Whom We Disclose Sensitive Personal Information for a Business Purpose
(1) Affiliates and subsidiaries, (2) Service providers, (3) Professional consultants, (4) Vendors necessary to complete transactions you request, (5) Law enforcement, government, agencies, and other recipients for legal, security, or safety purposes, (6) In connection with a corporate transaction, (7) Entities to which you have consented to the disclosure
Categories of Third Parties to Whom Sensitive Personal Information is Sold or Shared
Not Sold or Shared
Cookies and Other Tracking Technologies
See our Cookies and Tracking Technologies Notice located here.
Your Rights Regarding Your Personal Information
Although different regions have different privacy related rights, we have standardized the list of requests you can submit in order to meet more comprehensive regulations such as in Europe, Canada (including Quebec) and California. You may have some, or all, of the rights listed below in relation to Personal Information that we have collected about you. Please note that these rights are not absolute, and in certain cases, we may decline your request as permitted by law. If you are a resident of a region that has its own Privacy Laws, please see our Regional Privacy Rights Addenda for information in addition to this Privacy Notice and your rights listed below.
Right to Access / Know. You have the right to request information about the categories of Personal Information we have collected about you. This includes: (a) the categories of Personal Information we have collected about you; (b) the categories of sources from which that Personal Information came from; (c) our purposes for collecting this Personal Information; (d) the categories of third parties with whom we have shared your Personal Information; and (e) if we have “sold” or “shared” or disclosed your Personal Information, a list of categories of third parties to whom we “sold” or “shared” your Personal Information, and a list of the categories of third parties to whom we disclosed your Personal Information to. You may make a Right to Know or a Data Portability Request a total of two (2) times within a 12-month period at no charge.
Right to Delete. You have the right to request that Prenuvo delete the Personal Information that we collected from or about you, and retained, subject to certain exceptions. Once we receive and confirm your Request, we may delete your Personal Information entirely or we may anonymize or aggregate your information such that it no longer reasonably identifies you, and may use it to improve our Services (and direct our service providers to do the same), unless a legal requirement or exception applies. Some exceptions to your right to delete include, but are not limited to, if we are required to retain your Personal Information to complete the transaction or provide you the goods and services for which we collected the Personal Information or otherwise perform under our contract with you, to detect security incidents or protect against other malicious activities, and to comply with legal obligations, including those related to medical record retention. We may also retain your Personal Information for other internal and lawful uses that are compatible with the context in which we collected it. In addition, if you ask us to delete your information, you may no longer be able to access or use some of our Services.
Right to Correct / Correction. You have the right to request that we correct inaccurate Personal Information we collect and/or maintain about you.
Right of Portability / Access to Specific Pieces of Information. You also have the right to request that Prenuvo provide you with a copy of the specific pieces of Personal Information that we have collected about you, including any Personal Information that we have created or otherwise received from a third-party about you. If you make a Data Portability Request electronically, we will provide you with a copy of your Personal Information in a portable and, to the extent technically feasible, in a format that allows you to send the Personal Information to another third-party. In response to a Data Portability Request, we will not disclose your driver’s license number or other government-issued identification number, or your account password. We will also not provide this information if the disclosure would create a substantial, explainable, and unreasonable risk to your Personal Information, your account with Prenuvo, or the security of our systems or networks. If we are unable to disclose certain pieces of your Personal Information, we will describe generally the types of Personal Information that we were unable to disclose and provide you a description of the reason we are unable to disclose it. You have the right to receive a copy of the Personal Information we hold about you and to request that we transfer it to a third party. You may make a Right to Know or a Data Portability Request a total of two (2) times within a 12-month period at no charge.
Right to Withdraw Consent, Limit or Object to Processing. Where we rely on consent to process your Personal Information, including Sensitive Personal Information, you may have the right to withdraw this consent at any time. Please note that the withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal, and that where you withdraw your consent, we may not be able to deliver the expected service to you. Additionally, have the right to ask us to stop, suspend or restrict our processing of Personal Information. Certain laws may allow you to object to or limit the manner in which we process some of your information, including the ways in which we use or share it. For example, you may have these rights if the processing was undertaken without your consent and without a legitimate business interest (although we may not be required to cease or limit processing in cases where our interests are balanced against your privacy interests).
Right to Not Have a Decision Made Solely on Automated Decision-Making. You may have the right to request that decisions made about you are not based solely on automated processing, including profiling if that decision produces legal effects about you or significantly affects you. Please note that Prenuvo does not make solely automated decisions about Individuals.
Right to Opt Out of Sales/Sharing/Targeted Advertising. You may have the right to opt out of (i) the sale or sharing of your Personal Information, (ii) targeted advertising, and cross context behavioral advertising, which is showing advertising on other websites or other media based on your browsing history with our Website. If you reside in certain regions including the United Kingdom, European Economic Area and Quebec, Canada you must consent to sharing of your Personal Information before we can use your Personal Information for these purposes.
Right to Non-Discrimination. We will not discriminate against you for exercising any of your rights. Unless permitted regional legislation, we will not do any of the following as a result of you exercising your privacy rights: (a) deny you goods or services; (b) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (c) provide you a different level or quality of goods or services; or (d) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Right to Regulator Contact. You may have the right to contact or file a complaint with regulators or supervisory authorities about our processing of information. To do so, please contact your local data protection or consumer protection authority.
Exercising Your Privacy Rights
Only you, or an Authorized Agent that you authorize to act on your behalf, may make a Privacy Request related to your Personal Information. To designate an Authorized Agent, see Authorized Agents below. If you believe any of your Personal Information is inaccurate or incomplete, you may review and correct some information about yourself by logging into your online account with us and visiting your “Profile” page or you may submit a request to correct it by emailing us at hello@prenuvo.com or phoning our team at 1-833-773-6886.
Making a Privacy Request does not require you to create an account with us. However, we do consider requests made through your password protected Prenuvo account to be verified when the request relates to Personal Information associated with the logged in account.
To exercise the rights described above, please submit a request (a “Consumer Request” or “Data Subject Request”) to us by:
- Completing the Data Subject Request form located here;
- Emailing us at privacy@prenuvo.com; or
- Phoning us at 1-833-773-6886
If you or your Authorized Agent submit a Consumer or Data Subject Request online, we may use a two-step process to confirm the request. This process may include verifying your request by contacting you via the phone number or email address we have for you in our records, therefore, by making a Consumer or Data Subject Request, you consent to us contacting you through one or more of these ways.
All Consumer or Data Subject Requests must:
- Provide enough information so we can verify you are the person about whom we collected Personal Information or an Authorized Agent of such a person. This may include:
- Filling out an interactive webform; or
- Verifying one or more of the following:
- full first & last name;
- date of birth;
- mailing address on file;
- phone number on file;
- email address; and/or
- any other appropriate individualized data point.
- Describe your request with enough detail, including the Privacy Right you would like to exercise, so we can understand, evaluate, and respond to your request.
We will only use Personal Information provided in a Consumer Request or Data Subject Request to verify your identity or authority to make the request. If we cannot verify your identity or authority to make the request and confirm which Personal Information relates to you or the individual that you are making the request for, we will not respond or provide you with any Personal Information.
We reserve the right to charge a reasonable fee or take other appropriate action in response to requests from a Data Subject that are unfounded, excessive, or repetitive.
Authorized Agents
You may authorize your agent to exercise your rights, under the CCPA or other applicable regional law, on your behalf by registering your agent with the California Secretary of State or other similar regional authority or by providing them with power of attorney to exercise your rights (an “Authorized Agent”). We may request that your Authorized Agent submit proof of identity and proof of authorization to exercise your rights on your behalf. We may deny a request from your Authorized Agent to exercise your rights on your behalf if they fail to submit adequate proof of identity or adequate proof that they have the authority to exercise your rights.
Communication Preferences
Marketing, Promotional or Sales Messages
- Phone: If you have provided your phone number through one of our information request, lead or wait list forms, we may phone you to discuss the Prenuvo scan with you. These calls are generally informational but can include booking a Prenuvo scan and making payments. If you no longer want to receive phone promotional phone calls from Prenuvo, please inform the person that contacted you or by submitting a Privacy Rights request.
- Email: From time to time, Prenuvo may also send you marketing emails to provide you with free newsletters, surveys, offers, and other promotional materials. If you wish to stop receiving marketing emails from us, you can opt out by clicking the unsubscribe link at the bottom of any marketing email or by submitting a Privacy Rights request. Please keep in mind that opting out of promotional messages does not mean that we will not contact you by email about your account, services we have provided or other transactions with us.
- SMS, Text or Instant Messaging: You may opt-in to receive marketing, promotional and/or sales text messages when requesting more information about our services. Depending on your level of engagement through SMS, you can expect to receive approximately 3 messages per week. If you decide you no longer want to receive these messages, you can opt out of receiving future Prenuvo text messages by replying “STOP.” If you send us a text message asking a question, our team may still respond to the specific question even if you have opted out of promotional text messages. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at 1-833-773-6886.
Transactional Messages
- Phone: We may phone you about the Prenuvo services you have purchased or received. These calls may include payment processing, booking confirmations or updates, appointment reminders, status updates and to follow with you before, and after, your Prenuvo scan. Please be aware that you cannot opt out of transactional phone calls as they are the primary way we communicate and collect information required to provide services to you.
- Email: We may send you periodic emails that relate to the Prenuvo services you have purchased or received. These messages may include booking confirmations or updates, password reset notifications, appointment reminders, status updates and messages to follow with you before, and after, your Prenuvo scan. Please be aware that you cannot opt out of transactional emails as they are the primary way we communicate status updates or changes about your Prenuvo scan.
- SMS, Text or Instant Messaging: We may send you SMS messages to communicate time sensitive reminders or tips relating to your Prenuvo scan. These messages are generally sent in the days leading up to your scan to help make the process as smooth as possible and shortly after your scan in case we need to contact you afterwards. You can opt out of transactional SMS messages at any time by replying “STOP” to any Prenuvo text messages and we will update your preferences within 10 days. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at 1-833-773-6886.
Your Account and Contact Information
If you have booked or had a scan with Prenuvo, you can access your contact information and preferences by logging into https://prenuvo.com going to the “Profile” page. You can edit your account information as necessary, this includes your email address, name, phone number, mailing address, and you can adjust your communication preferences. When you update your account information, we may keep a copy of your previous account details for our records and to prevent fraud or other activities that violate our terms, policies and agreements.
Notice of CCTV Use at Prenuvo Clinics
At Prenuvo, the safety and security of our patients, staff, and facilities are of the highest importance. We use Closed-Circuit Television (CCTV) systems in the following areas:
Common Areas and Entrances: CCTV cameras are installed in these locations to monitor and ensure the security of our clinics. The video footage captured is accessible only by authorized Prenuvo staff and is reviewed solely for incident investigations. We do not share this footage unless permitted by applicable law. The retention of this information is limited to the duration necessary to maintain security at these locations.
MRI Scanners: For the safety of our patients during MRI scanning procedures, CCTV is also used within the MRI scanners. This video stream is only available on authorized devices during the scanning procedure, is not retained and access is restricted to authorized Prenuvo staff directly involved in conducting the MRI scan.
We are committed to handling all video surveillance data responsibly and in compliance with relevant privacy laws and regulations.
Data Security and Data Retention
We maintain reasonable security procedures and technical and organizational measures to protect your Personal Information against accidental or unlawful destruction, loss, disclosure or use. However, no method of data transmission or method of physical or electronic storage can be guaranteed to be perfectly secure. There is some risk that an unauthorized third party may find a way to circumvent our security or that a transmission of your information over the internet will be intercepted. Prenuvo has implemented and continues to improve measures to provide a level of security appropriate to the risks of processing your information. You acknowledge and accept that we cannot guarantee the security of your information.
Aside from our efforts in securing your information, it is your responsibility to protect the security of your account credentials, keep your password confidential and to take reasonable precautions to protect the Personal Information you send and receive from us. If you notice suspicious activity or believe that your account may have been compromised in some way, please contact us immediately at privacy@prenuvo.com.
Your Personal Information will be retained as long as necessary to fulfill the purposes we have outlined above unless we are required to retain it for longer by applicable law. This includes retaining your Personal Information to provide you with the products or services you have requested and interact with you; maintain our business relationship with you; improve our business over time; ensure the ongoing legality, safety and security of our services and relationships; or otherwise in accordance with our internal retention procedures. Once you have terminated your relationship with us, we may retain your Personal Information in our systems and records in order to ensure adequate fulfillment of surviving provisions in terminated contracts, legal or regulatory requirements or for other legitimate business purposes, such as to enable easier future user onboarding, demonstrate our business practices and contractual obligations, or provide you with information about our products and services in case of interest. If you would like to know more about the retention periods applicable to your Personal Information, you can contact us using details provided in the Contact Information section below.
Children’s Privacy
Our Digital Properties are not directed at, marketed to, nor intended for, children under 18 years of age. As a rule, we do not knowingly collect any information, including Personal Information, from children under 18 years of age. If you believe that we have inadvertently collected Personal Information from a child under the age of 18, please contact us at the address in the Contact Information section below, and we will take prompt steps to investigate and appropriately address the related information.
External Links
Our Digital Properties may contain links to other third-party sites or online services that we do not control, including those embedded in third party advertisements or information. We are not responsible for the privacy practices or data collection policies of such third-party services. You should consult the privacy notices of those third-party services or websites for details on their practices.
International Transfers of Personal Information
The Personal Information we collect will be transferred to, stored in, processed in, and accessed from countries that may be in a different country or region from where you reside or where the clinic you had your scan was located for the purposes set out in our Privacy Notice and Health Privacy Notice. We maintain servers and core operational teams in the United States and Canada, and we may engage third-party service providers or affiliates in other regions where we operate clinics or business functions.
Whenever we transfer Personal Information out of the region it was collected, we do so in compliance with applicable Data Protection Laws together with robust technical and organisational security measures.
Prenuvo personnel may access your Personal Information while temporarily working outside their home region or country. Such access is restricted to regions that Prenuvo has assessed as offering acceptable privacy and legal protections and is subject to the same security controls that apply when the data is accessed within their home country or region.
By using our services, you acknowledge and, where required, consent to these cross-border transfers and processing activities.
Contact Information
If you have questions regarding this Notice, please contact the Prenuvo Privacy Officer using the request form located here, or email us at: privacy@prenuvo.com.
For any other questions, please send an email to hello@prenuvo.com or phone us at 1-833-773-6886.
Regional Privacy Notice Addenda
Although we have created our Privacy Notice with an inclusive approach to regional laws and regulations, some regions require that specific notices, language and rights be made available to you. The Regional Privacy Notice Addenda are intended to (the “Regional Privacy Notice Addenda”) supplement the information contained in Prenuvo’s Privacy Notice to ensure we meet these requirements. The Regional Privacy Notice Addenda apply to all visitors of our Website and users of our Services who reside in the applicable regions (“Consumers” or “you”). All capitalized terms not otherwise defined in these Regional Privacy Notice Addenda have the same meaning as set forth in the Prenuvo’s Privacy Notice, available here: https://prenuvo.com/privacy/.
Changes to the Regional Privacy Notice Addenda
Prenuvo may amend the Regional Privacy Notice Addenda at our sole discretion and at any time. When we make changes to any of the Regional Privacy Notice Addenda, we will post the updated addendum on the Website and update the addendum’s last updated date. Your continued use of our website and services following the posting of changes to our Regional Privacy Notice Addenda constitutes your acceptance of such changes.
Australia Privacy Addendum
Last Updated: 15 Oct 2025
Scope of this Australia Privacy Addendum
Prenuvo, Inc. and its affiliates, including Prenuvo Pty Ltd (“Prenuvo”, “us,” “we,” or “our”) are committed to protecting the privacy of your Personal Information. This Privacy Addendum for Australia Residents (the “Australia Privacy Addendum”) supplements the information contained in Prenuvo’s Privacy Notice. This Australia Privacy Addendum applies solely to all visitors of our Website, users of our Services, and others acting only in an individual or household context, each of whom resides in the Country of Australia (“Individuals” or “you”). We adopt this Australia Privacy Addendum to comply with the Australian Privacy Act 1988 (“APA”), the Victorian Health Records Act 2001 (“VHRA”), and other applicable Federal, State or Territory Privacy Legislation (collectively “Australian Privacy Laws”) and any terms defined in the APA have the same meaning when used in this Australia Privacy Addendum. We may update this Australia Privacy Addendum at any time as necessary in the event of changes to Australian Privacy Laws.
This Australia Privacy Addendum applies to information that we collect on our Website and when you use our Services (both online and offline) that is linked or reasonably linkable to an identified or identifiable Individual or device that is linked or reasonably linkable to one or more Individuals in a household (“Personal Information”). However, publicly available information that we collect from government records and information where we have personal identifiers are removed or altered to protect your privacy are not considered Personal Information and this Australia Privacy Addendum does not apply to such information.
We may change this Privacy Policy from time to time to ensure continued compliance in the event of changes to applicable Australian Privacy Laws. Updated versions will be effective when posted and as indicated by the “Last Updated” date at the top of this policy. If we make material changes to the way we use or disclose information we collect, we will use reasonable efforts to notify you, such as by emailing you at the last email address you provided to us, by posting notice of such changes on the Services, or by other methods consistent with applicable law. If you do not agree to any updates to this Privacy Policy, please do not continue using or accessing the Services.
Employees, job applicants and independent contractors will receive a supplemental HR or Applicant and Candidate Privacy Notice that applies to their relationship with Prenuvo. In the event of any conflict or inconsistency with this Privacy Policy, the terms of that supplementary HR Privacy Policy will prevail.
Personal Data We Collect About You
Please refer to the section “Categories of Personal Information We May Collect” in our Privacy Notice for details regarding the types of Personal Data we collect about you.
Sources of Personal Data
Please refer to the section “Sources of Personal Information” in our Privacy Notice for details regarding how we collect Personal Data about you.
Use of Your Personal Data
Please refer to the section “How We Use Personal Information” in our Privacy Notice for details regarding the use of your Personal Data.
Your Rights and Choices
The APA provides residents with specific rights regarding their Personal Information. This section describes your APA rights and you may exercise these rights yourself or through your Authorized Agent.
- Right to Know: You have the right to know when and why your personal information is being collected, how it will be used and who it will be disclosed to.
- Right to Access: You have the right to ask for access to your personal information (including your health information)
- Right to Correction: If personal information is inaccurate or incomplete, individuals have the right to request corrections.
- Right to Stop Receiving Direct Marketing: Right to not be sent unwanted direct marketing.
- Right to Request to not be Identified: have the option of not identifying yourself, or of using a pseudonym in certain circumstances.
Exercising Your Privacy Rights
Please refer to our Privacy Notice for details regarding information on how to Exercise your Privacy Rights.
Authorized Agents
You may authorize your agent to exercise your rights under Australia Privacy Laws. Please refer to the Exercising Your Privacy Rights - Authorized Agents in our Privacy Notice for details about how to work with an Authorized Agent to submit a Privacy Rights request.
International Transfers of Personal Information
The Personal Information that we collect will be transferred to, stored in, processed in, and accessed from countries outside of Australia for the purposes described in this Privacy Notice and Health Privacy Notice. We maintain servers and core operational teams in the United States and Canada, and we may engage third-party service providers or affiliates in other regions where we operate clinics or business functions. Additionally, Prenuvo personnel may access your Personal Information while temporarily working outside their home region or country.
By using the Services, you consent to the transfer of your Personal Information to third parties (if any), which may include the cross-border transfer of your information to any country or region where we have databases or affiliates and, in particular, to the regions specified herein.
For such transfers of data outside of Australia we have assessed, and confirmed, that the regions, facilities and systems where your Personal Information is stored, accessed or otherwise processed provide acceptable safeguards for your information and additional measures have been implemented to ensure your rights are protected and aligned with applicable Australia Privacy Laws.
Personal Information Retention Periods
Please refer to our Privacy Notice for details regarding the retention of Personal Data about our Consumers.
Response Timing and Format
We will generally process these requests within 30 days of its receipt. If we require more time (up to 30 additional days), we will inform you of the reason and extension period in writing. If we cannot comply with your request, we will provide you with an explanation of the reasons we cannot comply with a request.
We do not charge a fee to process or respond to your Consumer Request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Contact Information
If you have questions regarding this Notice, please contact us using the request form located here, or email us at: privacy@prenuvo.com.
For any other questions, please send an email to hello@prenuvo.com or phone us at 1-833-773-6886.
Appeals and Complaint Process
You may appeal a refusal by us to take action on your request to exercise any of the above rights within a reasonable period of time after we provide you notice of such refusal by contacting us using one or more of the methods listed in the Contact Information section of our Privacy Notice.
Within 30 days after we receive your appeal, we will inform you in writing of any action taken or not taken in response to your appeal, including any explanations for the reasons for the decision. If your appeal is denied, you may request a review.
Australia residents can make a Privacy Complaint to The Office of the Australian Information Commissioner.
California Privacy Addendum
Last Updated: 09 Mar 2026
Scope of this California Privacy Addendum
This Privacy Addendum for California Residents (the “California Privacy Addendum”) supplements the information in our Privacy Notice for residents of California. We adopt this notice to comply with the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”) and any terms defined in the CCPA have the same meaning when used in this notice.
This California Privacy Addendum applies to information that we collect on our Website and when you use our Services that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your device (“Personal Information”). However, publicly available information that we collect from government records and deidentified or aggregated information (when deidentified or aggregated as described in the CCPA) are not considered Personal Information and this California Privacy Addendum does not apply to such information.
This California Privacy Addendum does not apply to employment-related Personal Information collected from our California-based employees, job applicants, contractors, or similar individuals (“Personnel”). Please contact your People and Culture representative if you are part of our California Personnel and would like additional information about how we process your Personal Information. This California Privacy Addendum also does not apply if you are a service provider or have a business-to-business relationship with us.
This California Privacy Addendum does not apply to certain Personal Information that is excluded from the scope of the CCPA, such as:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
- Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
Categories, Collection, Sources and Use of Personal Information Collected
Please refer to our Privacy Notice for details regarding the categories, sources and use of Personal Information about our Consumers collected over the past twelve (12) months.
To Whom Do We Sell or Share Your Personal Information
As noted in our Privacy Notice, we do not sell Personal Information as the term “sell” is commonly understood to require an exchange for money. However, the use of advertising and analytics cookies on our Website is considered a “sale” of Personal Information as the term “sale” is broadly defined in the CCPA to include both monetary and other valuable consideration. Using this broad definition, our “sale” is limited to our use of third-party advertising and analytics cookies and their use in providing behavioral advertising, and their use in understanding how people use and interact with our Website, App, or Services. Our “sale” of your Personal Data in this matter is subject to your right to opt-out of those sales.
Although we do not “sell” Personal Information for money, we engage in routine practices with our Digital Properties involving third parties that could be considered a “sale” or “sharing” (i.e., for targeted advertising). We do not knowingly sell or share any Personal Information of minors under the age of 16.
We only use and disclose Sensitive Personal Information for the following essential business purposes: (i) performing services or providing goods reasonably expected by an average consumer; (ii) detecting security incidents; (iii) resisting malicious, deceptive, or illegal actions; (iv) ensuring the physical safety of individuals; (v) for short-term, transient use, including non-personalized advertising; (vi) performing or providing internal business services; (vii) verifying or maintaining the quality or safety of a service or device; or (viii) for purposes that do not infer characteristics about you.
Please refer to our Privacy Notice for details regarding the sale of Personal Information about our Consumers over the past twelve (12) months.
Consumer Data Requests and Exercising Your CCPA Privacy Rights
The rights listed below have been incorporated into our general Prenuvo Privacy Notice please see prenuvo.com/privacy. For completeness, we have included the list of the CCPA specific rights below.
The CCPA provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights. You may exercise these rights yourself or through your Authorized Agent.
- Right to Know. You have the right to request that Prenuvo disclose certain information to you about our collection and use of your Personal Information over the past 12 months. This includes: (a) the categories of Personal Information we have collected about you; (b) the categories of sources from which that Personal Information came from; (c) our purposes for collecting this Personal Information; (d) the categories of third parties with whom we have shared your Personal Information; and (e) if we have “sold” or “shared” or disclosed your Personal Information, a list of categories of third parties to whom we “sold” or “shared” your Personal Information, and a separate list of the categories of third parties to whom we disclosed your Personal Information to. You must specifically describe if you are making a Right to Know request or a Data Portability Request (discussed next). If you would like to make both a Right to Know Consumer Request and a Data Portability Consumer Request you must make both requests clear in your request. If it is not reasonably clear from your request, we will only process your request as a Right to Know request. You may make a Right to Know or a Data Portability Consumer Request a total of two (2) times within a 12-month period at no charge.
- Access to Specific Pieces of Information (Data Portability). You also have the right to request that Prenuvo provide you with a copy of the specific pieces of Personal Information that we have collected about you, including any Personal Information that we have created or otherwise received from a third-party about you. If you make a Data Portability Consumer Request electronically, we will provide you with a copy of your Personal Information in a portable and, to the extent technically feasible, readily reusable format that allows you to transmit the Personal Information to another third-party. You must specifically describe if you are making a Right to Know request or a Data Portability request. If you would like to make both a Right to Know Consumer Request and a Data Portability Consumer Request you must make both requests clear in your request. If it is not reasonably clear from your request, we will only process your request as a Right to Know request. In response to a Data Portability Consumer Request, we will not disclose your driver’s license number or other government-issued identification number, or your account password. We will also not provide this information if the disclosure would create a substantial, articulable, and unreasonable risk to your Personal Information, your account with Prenuvo, or the security of our systems or networks. We will not disclose any Personal Information that may be subject to another exception under the CCPA. If we are unable to disclose certain pieces of your Personal Information, we will describe generally the types of personal information that we were unable to disclose and provide you a description of the reason we are unable to disclose it. You may make a Right to Know or a Data Portability Consumer Request a total of two (2) times within a 12-month period at no charge.
- Correction. You have the right to request that we correct any incorrect Personal Information about you to ensure that it is complete, accurate, and as current as possible. You may review and correct some Personal Information about yourself by logging into the Website and visiting your “Account Details” page. In some cases, we may require you to provide reasonable documentation to show that the Personal Information we have about you is incorrect and what the correct Personal Information may be. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect or if the Personal Information is subject to another exception under the CCPA.
- Deletion. You have the right to request that Prenuvo delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your Consumer Request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies pursuant to the CCPA. Some exceptions to your right to delete include, but are not limited to, if we are required to retain your Personal Information to complete the transaction or provide you the goods and services for which we collected the Personal Information or otherwise perform under our contract with you, to detect security incidents or protect against other malicious activities, and to comply with legal obligations, including those related to medical record retention. We may also retain your Personal Information for other internal and lawful uses that are compatible with the context in which we collected it.
- Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not do any of the following as a result of you exercising your CCPA rights: (a) deny you goods or services; (b) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (c) provide you a different level or quality of goods or services; or (d) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. We may, however, offer you certain financial incentives as described below.
Your Choices Regarding our “Sale” or “Sharing” of Your Personal Information
Our Digital Properties and Services are not sold to or intended for use by people under the age of 18. That said, if you are 16 years old or older, you have the right to opt-out of our sale and/or sharing of your Personal Information. If you are under 16 years old, you or your legal guardian may opt-in to our sale or sharing of your Personal Information.
“Sale” of Your Personal Information
If you are 16 years of age or older, you have the right to direct us to not sell your Personal Information for monetary or other valuable consideration at any time (the “right to opt-out”). Consumers who opt-in to Personal Information sales may opt-out of future sales at any time.
“Sharing” of Your Personal Information
If you are 16 years of age or older, you have the right to direct us to not share your Personal Information for the purposes of cross-context behavioral advertising, which is showing advertising on other websites or other media based on your browsing history with our Website (the “right to opt-out”). We do not share the Personal Information of Consumers we know are less than 16 years of age for this purpose.
How You May Opt-Out of Our Sale or Sharing of Your Personal Information
You do not need to create an account with us to exercise your opt-out rights. You may be required to provide us with additional contact information so that we may verify your request to opt-in to the sale of your Personal Information. We will only use Personal Information provided in an opt-out request to review and comply with the request.
To opt out of our Sale or Sharing of your Personal Information, please refer to the section “Exercising Your Privacy Rights” in our Privacy Notice for instructions on how to submit such a request.
You (or your authorized representative) may also exercise the right to opt-out of the “sale” of your Personal Information for monetary or other valuable consideration and of “sharing” your Personal Information for the purposes of cross-context behavioral advertising by adjusting your cookie preferences via our Cookie Banner through the “Manage Cookies” link at the bottom of the Website, or by setting your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. However, if you do not consent to our use of cookies or select this setting you may be unable to access certain parts of our Website or other websites. You can find more information about cookies at http://www.allaboutcookies.org.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. However, you (or your Authorized Agent) may change your mind and opt back into the sale of Personal Information at any time by using the “Manage Cookies” link at the bottom of the Website.
Browser Privacy Control Signals
You may also exercise your right to opt-out of the “sale” of your Personal Information for monetary or other valuable consideration and “sharing” your Personal Information for the purposes of cross-context behavioral advertising by setting the privacy control signal on your browser, if your browser supports it. We currently recognize and support the following privacy signals sent by browsers:
- Global privacy control (for more information on how to configure your browser to send this signal, please see https://globalprivacycontrol.org/).
- Location Information. You may be able to adjust the settings of your device so that information about your physical location is not sent to us or third parties by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information. We will not share data obtained through our Transactional or Marketing text message programs, including your phone number or location information, with third parties for their marketing purposes.
When we receive one of these privacy control signals, we will opt you out of any further “sale” or “sharing” of your Personal Information when you interact with our Website through that browser and on that device. In the event you have affirmatively opted-in to our “sale” and “sharing” of your Personal Information as described above and we receive a privacy control signal from your browser, we will request further instructions from you before you are opted out of any further “sale” or “sharing.” In the event you participate in a financial incentive program as described below that requires the “sale” or “sharing” of your Personal Information and we receive a privacy control signal, we will request that you confirm that you no longer wish to participate in the financial incentive program or that you wish us to ignore the privacy control signal.
When we receive a privacy control signal, we may also process it in a frictionless manner, which prohibits us from: (a) charging you a fee or requiring any valuable consideration; or (b) changing your experience with our products and services. We will also display a banner to indicate your choice to opt-out of the “sale” or “sharing” of your personal information. You may configure the privacy control signal to operate in a frictionless manner by consulting the documentation for your browser or plug-in that provides the privacy control signal.
Exercising Your CCPA Privacy Rights
Please refer to our Privacy Notice for details about Exercising your Privacy Rights.
Authorized Agents
You may authorize your agent to exercise your rights under the CCPA. Please refer to the Exercising Your Privacy Rights - Authorized Agents in our Privacy Notice for details about how to work with an Authorized Agent to submit a Privacy Rights request.
Personal Information Retention Periods
Please refer to our Privacy Notice for details regarding the retention of Personal Information about our Consumers.
Other California Privacy Rights
Shine the Light
California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our Website that are California residents and who provide Personal Information in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Information to third parties for their own direct marketing purposes. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared your Personal Information with for the immediately prior calendar year (e.g., requests made in 2024 will receive information regarding such activities in 2023). You may request this information once per calendar year. Please refer to the section “Exercising Your Privacy Rights” in our Privacy Notice for instructions on how to submit such a request.
Contact Information
If you have questions regarding this Notice, please contact us using the request form located here, or email us at: privacy@prenuvo.com.
For any other questions, please send an email to hello@prenuvo.com or phone us at 1-833-773-6886.
Canada Privacy Addendum
Last Updated: 25 Feb 2026
Scope of this Canada Privacy Addendum
This Privacy Addendum for Canada (the “Canada Privacy Addendum”) supplements the information contained in Prenuvo’s Privacy Notice and applies solely to all visitors of our Website from Canada, and users of our Services in Canada (“Individuals” or “you”). We may update this Canada Privacy Addendum at any time as necessary in the event of changes to the relevant regional regulations.
For the purposes of this Canada Privacy Addendum, “Personal Information” means information about an identifiable individual.
Personal Data We Collect About You
Please refer to the section “Categories of Personal Information We May Collect” in our Privacy Notice for details regarding the types of Personal Information we collect about you.
Sources of Personal Data
Please refer to the section “Sources of Personal Information” in our Privacy Notice for details regarding how we collect Personal Information about you.
Use of Your Personal Data
Please refer to the section “How We Use Personal Information” in our Privacy Notice for details regarding the use of your Personal Information.
Your Rights and Choices
We have designed our general Privacy Rights and Choices to align closely with the Canada Privacy Rights listed below.
Canadian privacy laws provide data subjects with specific rights regarding their Personal Information as follows.
- Right to Access: You have the right to request access to your Personal Information in our control, and to request information about the Personal Information we have collected about you. This includes: (a) the Personal Information we have collected about you; (b) the sources from which that Personal Information came from; (c) our purposes for collecting this Personal Information; (d) the third parties or categories of third parties to whom we have disclosed your Personal Information and for what purposes.
- Right to Rectification/Correction: If personal information is inaccurate or incomplete, you have the right to request corrections.
- Right to Withdraw Consent: You have the right to withdraw your consent to our processing of your Personal Information at any time, subject to contractual and legal restrictions. Please note that the withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal, and that where you withdraw your consent, we may not be able to deliver the expected service to you.
- Right to Complain: You have the right to request information about our practices with respect to the management of Personal Information, and to submit a complaint to our Privacy Officer.
In addition to the rights above, Quebec Law 25 grants individuals the right of data portability, which allows you to request your personal information in a structured, commonly used format or have that information sent directly to another organization. This right applies to computerized personal information collected from you, excluding information created or inferred by us, and we are expected to comply unless there are significant practical difficulties providing the requested information. Quebec Law 25 also gives you the right to be informed if we are going to decide about you based exclusively on an automated processing of your Personal Information, and to receive information about and to challenge any such decision. Quebec Law 25 also gives you the right to request deletion of Personal Information if we have collected it unlawfully.
Exercising Your Privacy Rights
Please refer to our Privacy Notice for details regarding information on how to Exercise your Privacy Rights.
Personal Information Retention Periods
Please refer to our Privacy Notice for details regarding the retention of Personal Information about our Consumers.
Response Timing and Format
We will generally process these requests within 30 days of its receipt. If we require more time and as allowed by applicable law we will inform you of the reason and extension period in writing. If we cannot comply with your request, we will provide you with an explanation of the reasons we cannot comply with a request.
We do not charge a fee to process or respond to your Consumer Request but may charge you for our costs associated with responding. We will tell you and provide you with a cost estimate before completing your request.
Contact Information
If you have questions regarding this Notice, please contact the Prenuvo Privacy Officer using the request form located here, or email us at: privacy@prenuvo.com.
For any other questions, please send an email to hello@prenuvo.com or phone us at 1-833-773-6886.
Appeal and Complaint Process
You may appeal a refusal by us to take action on your request to exercise any of the above rights within a reasonable period of time after we provide you notice of such refusal by contacting us using one or more of the methods listed in the Contact Information section of our Privacy Notice.
Within 30 days after we receive your appeal, we will inform you in writing of any action taken or not taken in response to your appeal, including any explanations for the reasons for the decision. If your appeal is denied, you may submit a complaint to the appropriate regulatory authority.
Alberta residents can submit a complaint to the Office of the Information and Privacy Commissioner of Alberta.
British Columbia residents can submit a complaint to the Office of the Information and Privacy Commissioner for BC.
Les résidents du Québec peuvent déposer une plainte auprès de la Commission d'accès à l'information du Québec.
Residents from all Provinces or Territories in Canada can submit a complaint to the Office of the Privacy Commissioner of Canada.
EEA, UK and Switzerland Privacy Addendum
Last Updated: 23 Mar 2026
Scope of this EEA, UK and Switzerland Privacy Addendum
This EEA, UK and Switzerland Privacy Notice (“Notice”) explains how Prenuvo Limited (UK) Prenuvo, Inc. and Prenuvo Radiology PA (collectively, “Prenuvo”) complies with certain privacy rights specifically available to individuals located in the European Economic Area (inclusive of the European Union) (“EEA”), United Kingdom (“UK”), or Switzerland.
We use the same terms as defined in our Privacy Notice and Terms of Service. Any new terms will be defined below. This Notice should be read together with our Privacy Notice, Health Privacy Notice and our Terms of Service.
Our Relationship With You
We are the “controller” of your Personal Information because we determine the means and purposes of processing your information when using our Services.
Legal Bases for Processing Personal Information
The laws of your country require us to rely on certain conditions to process your information. When we process your information, we rely on the following conditions or “legal basis”:
- Your consent
- Legal obligations
- Contracts we entered with you or to take steps at your request prior to entering into a contract with you
- Legitimate interests to protect our property, rights or safety of Prenuvo, our customers or others.
Personal Information
The Categories of Personal Information We May Collect, How We Use Personal Information (the purpose for which we process personal information), and the Sharing, Disclosure and Selling Personal Information are outlined in our Privacy Notice.
Privacy Rights
Residents of the EEA, UK, and Switzerland have the right to access, update, delete, correct, withdraw their consent, and have portability of their information. You also have the right to opt out of having your personal information shared with third parties by us, and you may revoke your consent that you have previously provided for us to share your personal information with third parties, except as required by law. You may also have the right to opt out if your personal information is used for any purpose that is materially different from the purpose(s) for which it was originally collected or which you originally authorized. We believe all our customers should have strong privacy controls, which is why our Privacy Notice further outlines Your Rights Regarding Your Personal Information.
International Transfers of Personal Information
The Personal Information we collect will be transferred to, stored in, processed in, and accessed from countries outside of the UK, EEA, Switzerland for the purposes set out in our Privacy Notice and Health Privacy Notice. We maintain servers and core operational teams in the United States and Canada, and we may engage third-party service providers or affiliates in other regions where we operate clinics or business functions.
Whenever we transfer Personal Information out of the UK, EEA, Switzerland, we do so in compliance with applicable UK and European Data Protection Laws. Where an affirmative adequacy decision has not been granted to a destination country, we implement appropriate safeguards such as the Data Privacy Framework, EU Standard Contractual Clauses (SCCs), UK International Data Transfer Agreement (IDTA), the UK Addendum to the SCCs, and transfer risk assessments together with robust technical and organisational security measures.
Prenuvo personnel may access your Personal Information while temporarily working outside their home region or country. Such access is restricted to regions that Prenuvo has assessed as offering acceptable privacy and legal protections and is subject to the same security controls that apply when the data is accessed within their home country or region.
By using our services, you acknowledge and, where required, consent to these cross-border transfers and processing activities.
EU-U.S. and Swiss-U.S. Data Privacy Frameworks
Prenuvo, Inc. and Prenuvo Radiology PA, (collectively, “Prenuvo DPF”) comply with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Prenuvo DPF has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Prenuvo DPF has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
Prenuvo DPF is responsible for the processing of Personal Information it receives or subsequently transfers to a third party acting as an agent on its behalf. Prenuvo DPF complies with applicable data protection law, including Data Privacy Framework Principles for all onward transfers of Personal Information from the EEA and Switzerland, including the onward transfer liability provisions in the Data Privacy Framework Principles.
With respect to Personal Information received or transferred pursuant to the Data Privacy Framework Principles, Prenuvo DPF is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Prenuvo DPF may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the EU-US Data Privacy Framework Principles, Prenuvo DPF commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the DPF Principles. European Union, Swiss and United Kingdom individuals with DPF inquiries or complaints should first contact:
Privacy Office
Prenuvo, Inc.
2727 El Camino Real,
San Francisco, CA 94061, USA
1 833 773 6886
privacy@prenuvo.com
Prenuvo DPF has further committed to refer unresolved privacy complaints under the DPF Principles to an independent dispute resolution mechanism, In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Prenuvo DPF commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of personal information received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit the Data Privacy Framework Program website for more information and/or to file a complaint. This service is provided free of charge to you.
If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See the Data Privacy Framework Program section on recourse mechanisms.
If you have questions about our Data Privacy Framework certifications, we encourage you to contact us at privacy@prenuvo.com.
Complaints or Questions
If you have any questions about our privacy practices or believe that we have infringed your rights, we encourage you to contact us directly:
Privacy Office
Prenuvo, Inc.
2727 El Camino Real,
San Francisco, CA 94061, USA
1 833 773 6886
privacy@prenuvo.com
Please allow up to four weeks for us to reply. We will handle your request under applicable law, and, in some cases, your ability to access or control your Personal Information will be limited as required or permitted by applicable law.
You also have a right to lodge a complaint with a competent supervisory authority situated in the country of your habitual residence, place of work, or place of alleged infringement. You can find the relevant supervisory authority name and contact details for the EEA here, the UK here, and Switzerland here.
Changes to this Privacy Addendum
If we make any material changes to this Privacy Addendum, we will post the revised addendum to this web page and update the “Last Updated” date above to reflect the date on which the new addendum became effective.
US State Privacy Addendum
Last Updated: 09 Mar 2026
Scope of this US State Privacy Addendum
This Privacy Addendum for Residents of US states that have enacted state specific Privacy or Data Protection laws (the “US State Privacy Addendum”) supplements the information contained in Prenuvo’s Privacy Notice. This Addendum applies solely to all visitors of our Website, users of our Services, and others acting only in an individual or household context, each of whom resides in the State of Colorado, Connecticut, Delaware, Iowa, Maryland, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah, or Virginia (“Consumers” or “you”).
We adopt this US State Privacy Addendum to comply with the Colorado Privacy Act (“CPA”), Connecticut Data Privacy Act (“CTDPA”), Delaware Personal Data Privacy Act (“DPDPA”), Iowa Consumer Data Protection Act (“ICDPA”), Maryland Online Data Privacy Act ("MODPA"), Montana Consumer Data Protection Act (“MTCDPA”), Nebraska Data Privacy Act (“NDPA”), New Jersey Data Protection Act (“NJDPA”), New Hampshire Privacy Act (“NHPA”), Oregon Consumer Privacy Act (“OCPA”), Texas Data Privacy and Security Act (“TDPSA”), Utah Consumer Privacy Act (“UCPA”), and Virginia Consumer Data Protection Act (“VCDPA”) (collectively “Applicable US State Privacy Laws”) and any terms defined in the the State Privacy and Data Protection Laws listed above have the same meaning when used in this US State Privacy Addendum. We may update this Addendum at any time as necessary in the event of changes to the laws listed above or to add additional applicable state laws.
This US State Privacy Addendum applies to information that we collect on our Website and when you use our Services (both online and offline) that is linked or reasonably linkable to an identified or identifiable individual, including pseudonymous data used in conjunction with additional information that reasonably links the data to an identifiable individual (“Personal Data”). However, publicly available information that we collect from government records and deidentified data (when deidentified as described in applicable state law) are not considered Personal Data and this US State Addendum does not apply to such information.
This US State Privacy Addendum also does not apply to certain Personal Data that is excluded from the scope of the applicable State Privacy Law, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
This US State Privacy Addendum also does not apply to Personal Information collected from residents of the states listed above acting in a commercial or employment context, such as employees, job applicants, contractors, or similar individuals.
Personal Data We Collect About You
Please refer to our Privacy Notice for details regarding the categories and sources of Personal Data we collect about you.
Use of Your Personal Data
We limit the collection of Personal Data to what is adequate, relevant, and reasonably necessary in relation to the purposes for which the Personal Data is processed. We may process the Personal Data we collect for one or more of the purposes described in the Privacy Notice. Please refer to the section “How We Use Personal Information” in our Privacy Notice for details regarding the use of your Personal Data.
Specifically, Prenuvo may collect and use Personal Data to respond to your inquiries, fulfill your requests and improve your experience; for marketing, advertising, and promotional purposes; for reporting and analytics; to improve the effectiveness of our Services, conduct research and analysis, or for other internal operational purposes; to detect, prevent or investigate potential security breaches, fraudulent transactions and monitor against theft.
We will not process Personal Data for purposes that are neither reasonably necessary to nor compatible with the purposes for which the Personal Data is processed as described in the Privacy Notice without your consent.
To Whom Do We Sell or Share Your Personal Data
As noted in our general Privacy Notice, we do not sell Personal Data as the term “sell” is commonly understood to require an exchange for money. However, the use of advertising and analytics cookies on our Website is considered a “sale” of Personal Data as the term “sale” is often broadly defined to include both monetary and other valuable consideration. Using this broad definition, our “sale” is limited to our use of third-party advertising and analytics cookies and their use in providing behavioral advertising, and their use in understanding how people use and interact with our Website, App, or Services. Our “sale” of your Personal Data in this matter is subject to your right to opt-out of those sales.
Please refer to our Privacy Notice for details regarding Sharing, Disclosure and Selling Personal Information collected and respective uses.
Your Rights and Choices
We have designed our general Privacy Rights and Choices to align closely with the US State Privacy Rights listed below. This section describes the rights you may have under the Applicable US State Privacy Laws.
- Confirmation and Access. You have the right to confirm whether we process your personal information and to request access to that personal information we have collected and maintain about you. This may include a list of categories of third parties to which we have disclosed your data or to which we have disclosed data generally.
- Correction. You have the right to correct any inaccuracies in your Personal Data processed by us, taking into account the nature of the Personal Data and the purposes of the processing of your Personal Data. We may also not be able to accommodate your request to change the Personal Data if we believe it would violate any law or legal requirement or cause the Personal Data or the information associated with the Personal Data to be incorrect.
- Deletion. You have the right to request that we delete your Personal Data. We cannot delete your Personal Data except by also deleting your user account, however, we may not accommodate a request to erase your Personal Data if we believe the deletion would violate any law or legal requirement or cause any information associated with the Personal Data to be incorrect.
- Portability/Obtain. To the extent you provide us with your Personal Data and to the extent we process your Personal Data, you have the right to request that we provide you a copy of, or access to, all or part of such Personal Data in portable, and to the extent technically feasible, readily usable format that allows you to transmit the Personal Data to another controller without hindrance. We shall not provide data that we believe would disclose our trade secrets. You may only make such a request twice within a 12-month period.
- Opt-Out of Certain Processing. To the extent applicable, you have the right to opt-out of processing your Personal Data for the purposes of:
- targeted advertising;
- the sale of your Personal Data; or
- profiling in furtherance of decisions that produce legal effects or similarly significant effects concerning the consumer
These decisions include decisions that result in the provision or denial by the controller of financial and lending services, housing, insurance, education enrollment, criminal justice, employment opportunities, health care services, or access to basic necessities, such as food and water. Please note, however, that Prenuvo does not process Personal Data for purposes of profiling within the meaning of the Applicable US State Privacy Laws.
- Right to Non-Discrimination: We will not discriminate against individuals for exercising one or more of the rights listed above. Unless permitted by the Applicable US State Privacy Laws, we will not do any of the following as a result of you exercising your Applicable US State Privacy Law rights:
- deny you goods or services;
- charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; or
- provide you a different level or quality of goods or services.
Exercising Your Privacy Rights
Please refer to our Privacy Notice for details about Exercising your Privacy Rights.
Authorized Agents
You may authorize your agent to exercise your rights under the Applicable US State Law. We may request that your Authorized Agent submit proof of identity and that they have been authorized to exercise your rights on your behalf. Please refer to the Exercising Your Privacy Rights - Authorized Agents in our Privacy Notice for details about how to work with an Authorized Agent to submit a Privacy Rights request.
Personal Information Retention Periods
Please refer to our Privacy Notice for details regarding the retention of Personal Data about our Consumers.
Response Timing and Format
We will generally process these requests within 45 days of its receipt. If we require more time (up to 45 additional days), we will inform you of the reason and extension period in writing. If we cannot comply with your request, we will provide you with an explanation of the reasons we cannot comply with a request.
We do not charge a fee to process or respond to your Consumer Request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Contact Information
If you have questions regarding this Notice, please contact us using the request form located here, or email us at: privacy@prenuvo.com.
For any other questions, please send an email to hello@prenuvo.com or phone us at 1-833-773-6886.
Appeals Process
You may appeal a refusal by us to take action on your request to exercise any of the above rights within a reasonable period of time after we provide you notice of such refusal by contacting us using one or more of the methods listed in the Contact Information section of our Privacy Notice.
Within 60 days after we receive your appeal, we will inform you in writing of any action taken or not taken in response to your appeal, including any explanations for the reasons for the decision. If your appeal is denied, you may lodge a complaint with the supervisory authority in your state of residence.
Health Information Privacy Notice
Last Updated: 14 Apr 2026
Information for Individuals Whose Health Information is Collected by Prenuvo
The purpose of this Health Information Privacy Notice is to explain how we may collect, use, store, disclose, or otherwise process your Personal Health Information when you interact with us through our websites, emails, social media accounts, mobile applications, and other properties (collectively, our “Digital Properties”) and through other online and offline interactions, such as when you receive a Prenuvo Exam at one of our locations. This notice is to be read with the Prenuvo Privacy Notice https://prenuvo.com/privacy including applicable regional addenda and the Prenuvo Terms of Service https://prenuvo.com/terms/.
Prenuvo, Inc. its partners and affiliates, including Prenuvo of Golden State PC, Prenuvo of Minnesota PC, Prenuvo Radiology PA, Hercules Study PC, Independent Radiology of New York PC, Vigilance Health Imaging Network (Canada), Prenuvo Pty Ltd (Australia), Prenuvo Limited (United Kingdom) and Lisa Prevention LLC (“Prenuvo”, “us,” “we,” or “our”), are committed to protecting the privacy of your Personal Health Information.
We may update this Health Information Privacy Notice from time to time. Any updated Health Information Privacy Notice will be effective when posted. Please check this page periodically for updates. If required by law, we will contact you directly to provide you with an updated notice. Your continued use of our website and services following the posting of changes constitutes your acceptance of such changes.
If you are a resident of Washington or Nevada please review our Regional Health Information Privacy Notice Addenda in addition to this notice.
Overview
“Personal Health Information” means personal information that is linked or reasonably linkable to a particular individual and that identifies that individual’s past, present, or future physical or mental health status. However, the following categories of information are not Personal Health Information and not covered by this Health Information Privacy Notice:
- Deidentified or Anonymised Information; or
- Publicly available information.
This Health Information Privacy Notice provides the following information:
- Categories of Personal Health Information we collect;
- Purposes for which we collect Personal Health Information;
- How we use and process Personal Health Information;
- Categories of sources from which we collect Personal Health Information;
- Categories of Personal Health Information we share;
- Categories of third parties or specific affiliates with whom we share Personal Health Information;
- The rights you may have; and
- How you can exercise your rights.
This Health Information Privacy Notice does not apply to the information of individuals acting in an employment context, such as job applicants, employees, or contractors to Prenuvo.
Categories of Personal Health Information We Collect
We may collect the following categories of Personal Health Information with your consent, or to the extent necessary to provide a product or service that you requested.
We may collect information relating to:
- Any health condition or status, disease or diagnosis including physical and mental health;
- “Highly Confidential Information” including certain types of health information that may receive additional protections under applicable laws, including: HIV/AIDS test results, genetic information, substance use disorder treatment information, behavioral health information such as mental health status or treatment information and developmental disability treatment information, sexually transmitted and other communicable disease information, gender-affirming care and reproductive or sexual health information;
- Social, psychological, behavioral or medical interventions;
- Surgeries or other health-related procedures;
- The use or acquisition of medication;
- Bodily functions, vital signs, or symptoms;
- Diagnoses, treatment, or medication;
- Medical history in relation to yourself and family members;
- Physical activity, work industry, or other activities;
- Identifiers relating to a consumer seeking health care services; and/or
- Any other information used to associate or identify an individual with any category of health information that is derived or inferred from non-health information (including, without limitation, proxy, derivative, or emergent Information derived through an algorithm, machine learning or any other means).
Sources of Personal Health Information
We collect Personal Health Information from the following sources:
- In most cases, directly from you;
- Inferences from your activity or data created by using our services including when you undertake the Exams or Scans;
- From our affiliates (businesses that share common branding and ownership with Prenuvo);
- From our business partners (companies that we have a pre-existing commercial relationship with);
- From referring medical practitioners as applicable;
- From your employer if your employer arranged your Exam for you; and
- From our advertising partners.
Purpose for Collecting, Processing and Using Personal Health Information
We only collect, process and use Personal Health Information for the purposes described in this Health Information Privacy Notice. We may collect and use Personal Health Information for the following purposes in order to:
- Provide health and medical imaging, reporting and related services to our Patients via our licensed medical providers (including those who provide healthcare services, drugs, or medical devices);
- Verify your identity as the holder of an account with us;
- Administer your account, process payments, troubleshoot issues, and provide you with customer support;
- Communicate with you about the services, and to deliver any administrative notices or alerts and communications relevant to your use of the services;
- Tailor the features, performance and support of the services to you and your preferences;
- Investigate, detect, deter, prevent, report, defend against, or take other action regarding security incidents, abusive behavior, suspected fraud, malicious or illegal activities, or violations of our Terms of Service or other policies;
- Make sure our terms, policies, and agreements with you and any third parties are enforced;
- Comply with applicable laws and regulations;
- De-identify or anonymise Personal and Personal Health Information in order to:
- Provide, operate, analyze usage of, and improve the services, including performing research and development;
- Conduct internal research in order to create publications and advance the practice of proactive healthcare; and
- Conduct research with select 3rd parties to advance the science of preventative healthcare.
If you choose not to provide us with your Personal Health Information, we may not be able to provide you with the full extent of our Services. We may also not be able to provide you with an Exam if we are unable to determine the suitability or safety of the service.
Communication Before and After Your Prenuvo Exam
Phone and Email Messages: Prenuvo will send email messages, and may phone you, to confirm your appointment details, providing, or collecting additional information before and after your exam has been completed.
SMS, Text, or Instant Messages: As part of our commitment to providing you with timely updates and ensuring a smooth experience with your Prenuvo services, we may send you text messages. These messages may include:
- Updates regarding the status of your Prenuvo services.
- Notifications about the availability of your results.
- Reminders to help ensure a smooth process.
You have the right to opt out of receiving these transactional text messages at any time. To do so, you can reply 'STOP' to any of the messages you receive from us or follow the steps in the Exercising Your Privacy Rights section of our Privacy Policy, that is available on our website at https://prenuvo.com/privacy.
Patient Care Follow-up: Prenuvo may use your Personal Health Information to contact you as part of our Prenuvo service to ensure the quality of your experience, accessibility and clarity of reports, and to understand the impact the exam had on your proactive health journey. We may also contact and/or your primary or specialty care physician(s), if you have provided one or more to us, to understand their experience relating to Prenuvo and your Exam, determine what, if any follow-up or subsequent testing, if any, was performed and the results of that follow-up or subsequent testing.
Phone Call Recording, Monitoring, Transcription and Automated Analysis
We may record, monitor, transcribe, and analyze phone calls to support service quality, staff training, and patient experience. Where required by law, we will obtain your consent before these activities begin, and you may decline or withdraw consent at any time without affecting your care or access to services.
For full details, including how these activities work, how information is used, and retention and safeguards, please see our Privacy Notice.
Translation Services
Upon request, and subject to availability, we will arrange for professional translation support through Language Line Solutions Inc. to assist with telephone or video communications regarding our services and your Prenuvo results. Prior to any disclosure of your personal health information, you will be advised of the translator’s name and country where they are currently located, and your consent will be obtained before proceeding with the translator present. If you decline, the discussion will continue in English, or, where possible, with an alternate translator. Translators do not record or retain any information from these interactions and are bound by strict confidentiality obligations, however the interactions may be monitored for quality or training purposes.
Use of Artificial Intelligence
Prenuvo and its partners may use Artificial Intelligence (“AI”) systems to assist in the performance and delivery of your services, including without limitation, processing, assessing, and interpreting your images. The Personal Information we enter into approved AI systems include MRI Images that may include your name, date of birth, exam and patient identifiers and other applicable information collected during your patient intake process, scan, and/or data created during the delivery of the service you have selected with Prenuvo.
These AI systems generate Personal Health Information about you, including: creation measurements of organs or other parts of your body, and/or the identification of actual or possible medical conditions or other health related findings. A qualified medical practitioner reviews all AI-generated outputs to ensure the outputs, including Personal Information, is correct and accurate to the best of our knowledge. These outputs may be used to inform our radiology assessments and generate Reports for you if such services are part of your Prenuvo purchase.
Prenuvo is committed to developing and deploying AI in an ethical, responsible manner, and we only engage with partners who uphold similar standards. Furthermore, we take steps to confirm that all AI tools used in Prenuvo’s healthcare services have obtained the necessary medical clearances and comply with applicable regulatory requirements in the regions where the AI is used.
If you have any questions or concerns about Prenuvo’s use of AI or our partners’ involvement, please contact us at privacy@prenuvo.com.
Notice of CCTV Use at Prenuvo Clinics
At Prenuvo, the safety and security of our patients, staff, and facilities are of the highest importance. Our use of surveillance technology complies with applicable laws and relevant health privacy regulations.
We use Closed-Circuit Television (CCTV) systems in the following areas:
Common Areas and Entrances: CCTV cameras are installed in these locations to monitor and ensure the security of our clinics. The video footage captured is accessible only by authorized Prenuvo staff and is reviewed solely for incident investigations. We do not share this footage unless permitted by applicable law. The retention of this information is limited to the duration necessary to maintain security at these locations.
MRI Scanners: For the safety of our patients during MRI scanning procedures, CCTV is also used within the MRI scanners. This video stream is only available on authorized devices during the scanning procedure, is not retained and access is restricted to authorized Prenuvo staff directly involved in conducting the MRI scan.
We are committed to handling all video surveillance data responsibly and in compliance with relevant privacy laws and regulations. Your safety, privacy and security are our priorities.
Data Security and Retention
The privacy and protection of your Personal Health Information is important to Prenuvo. We maintain security procedures and technical, administrative and physical measures to protect your Personal Health Information against accidental or unlawful destruction, loss, disclosure or use. Steps are also taken to de-identify or anonymise your Personal Health Information in accordance with applicable laws when identifiable data is not, or no longer, required for purposes it was collected for. De-identified data (also called pseudonymized data) is Health Information that has been stripped of identifying information (such as your name or email address), this data may contain a key that Prenuvo can use to link back to the individual where required. Prenuvo will not share this key with any third party. We use de-identified data to improve our Exams and Readings. Anonymised data is similar to de-identified data except that there is no ability to link the data back to an individual.
It is important to note that no method of data transmission or method of physical or electronic storage can be guaranteed to be perfectly secure. There is some risk that an unauthorized third party may find a way to circumvent our security or that a transmission of your information over the internet will be intercepted. Prenuvo has implemented and continues to improve measures to provide a level of security appropriate to the risks of processing your information. We cannot guarantee the security of your information.
Aside from our efforts in securing your information, it is your responsibility to protect the security of your account credentials, keep your password confidential and to take reasonable precautions to protect the Health Information you send and receive from us. If you notice suspicious activity or believe that your account may have been compromised in some way, please contact us immediately at privacy@prenuvo.com.
Your Personal Health Information will be retained as long as necessary to fulfill the purposes we have outlined above and/or as mandated by Federal, Provincial or State/Territory medical record retention requirements. If you would like to know more about the retention periods applicable to your Personal Information, you can contact us using details provided in the Contact Information section below.
Sharing of Personal Health Information
We may share each of the categories of Personal Health Information described above with your consent, or to the extent necessary to provide a product or service that you requested.
“Share” means to release, disclose, disseminate, divulge, make available, provide access to, license, or otherwise communicate Personal Health Information to a third party or affiliate. However, “share” does not include:
- Disclosure of Personal Health Information to provide goods or services in a manner consistent with the purpose for which we collected the Personal Health Information;
- Disclosure to a third party with whom you have a direct relationship when the disclosure is for the purpose of providing a product or service you if we maintain control and ownership of the Information, and the third party uses the Information only at our direction and consistent with your consent and for the purpose for which it was collected; or
- Disclosure or transfer of Personal Health Information to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in compliance with applicable federal, state or provincial laws.
We may share Personal Health Information to the following categories of third parties and specific affiliates:
- Business partners;
- Affiliates of Prenuvo;
- Research organizations such as universities or other organizations in the health and/or medical space.
Health information is de-identified or anonymised prior to use for internal research, analytics or reporting purposes and we only use your personally identifiable information when necessary to deliver our services to you or when we have an appropriate legal basis to use or disclose your health information in a state where you may be identifiable.
Sale of Personal Health Information
We do not sell Personal Health Information as the term “sell” is commonly understood to require an exchange for money. However, based on a more broad definition of ‘sell’ in some regional legislation, such as the CCPA in California, NV CHDP in Nevada or the WA MHMDA in Washington, to include both monetary and other valuable consideration we do share or ‘sell’ Health Information that has been de-identified or anonymised for research collaborations and publishing of research papers or similar activities. We have aligned our definition of a “sale” with the more broad definition relating to the exchange of information for monetary or other valuable consideration, excluding exchange:
- To a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction through which the third party assumes control of all or part of our assets;
- By us to a processor when such exchange is consistent with the purpose for which the Personal Health Information was collected and disclosed to the patient or consumer;
- With a third party for the purpose of providing a product or service you requested;
- By us to an affiliate;
- As directed by you or if you are intentionally using us to interact with and disclose Personal Health Information to a third party; or
- If you intentionally made the Personal Health Information available to the general public through mass media, without restriction to a specific audience.
Prenuvo will not ‘sell’ Personal Health Information unless we have obtained consent from you in the form of a valid authorization from the Health Information Subject(s) whose Personal Health Information is involved in the sale. If you have previously authorized us to sell your Personal Health Information, you can revoke that authorization at any time by following the instructions listed on your original authorization.
Referrals and Requests by Health Care Providers
If you were referred to Prenuvo by your doctor or health care provider, or your doctor or health care provider requests them, your Prenuvo report and results will be sent to them for review.
For patients that receive Prenuvo services in Australia: Your Prenuvo images, Prenuvo Report and results will be sent to your referring medical practitioner before being released to you.
Employer Paid Exams
If your employer has paid for (in whole or in part) for the Exam, Prenuvo may provide details of your appointment that include your name or employee identifier, type of Exam or Prenuvo services booked, date and the cost of the Exam to facilitate payment for Prenuvo services provided. Additionally, Prenuvo may provide anonymised and aggregated results to your employer or its designee (e.g., plan administrator or TPA) as a data analytics resource if required by the agreement with your employer. Please see your employer for details regarding any information that may be provided to them as part of the Employer-Employee agreement to take part in such programs.
Quality Assurance, Research and Development
We, or third parties who work on behalf of Prenuvo, may access your Personal Health Information from electronic health records maintained by Prenuvo for purposes of:
Quality Assurance: Ensuring the efficacy and accuracy of the Prenuvo Exam and any elected add-ons as well as your Prenuvo Exam or add-on generated reports.
Patient Care Follow-up: Prenuvo may contact you as part of our Prenuvo service to ensure the quality of your experience, accessibility and clarity of reports, and to understand the impact the exam had on your proactive health journey. We may also contact your primary or specialty care physician(s), if you have provided one or more to us, to ensure the clarity of the information provided in the reports, to understand their experience relating to Prenuvo and the Exam, determine if any follow-up or subsequent testing was performed and the results of that follow-up or subsequent testing.
De-identification of Personal Information: Prenuvo will de-identify or anonymise your Personal Information, including Health Information, Special Category or Sensitive data, for internal business operations improvement, system and service enhancements, validation studies, research and product development.
Use of De-Identified and Anonymized Information for Research and Development
We collaborate with researchers, academic institutions, and other organizations to advance medical knowledge and improve healthcare technologies. These collaborations mean that our patients can benefit from radiology and healthcare experience gained elsewhere and advance medicine and healthcare as a whole.
Where permitted by applicable data protection laws, Prenuvo may use your health information in a de-identified or anonymized form for research, product development, validation, quality improvement, and related innovation. This may occur within Prenuvo, in collaboration with third parties, or through independent third-party research.
Before using or disclosing your health information for these purposes, we apply technical and organizational safeguards designed to prevent re-identification. Depending on applicable legal requirements, this may include:
- Removing direct identifiers (e.g., name and contact details);
- Generalizing or suppressing indirect identifiers (e.g., converting full dates to year, age range, or limiting geographic detail);
- Replacing identifiers with random codes; and
- Applying statistical or technical controls to reduce re-identification risk.
When de-identified or anonymized information is shared with third parties, we require through contractual controls require recipients:
- Use the data only for authorized research or development purposes;
- Not attempt to re-identify any individual;
- Maintain appropriate security safeguards; and
- Comply with applicable data protection laws.
In the hands of these recipients, the information is treated as anonymized and is not intended to be used to identify any individual. Third parties may combine this data with other datasets for legitimate research purposes, provided the combined data remains anonymized and is not used to re-identify any individual.
Prenuvo does not share identifiable health information for research or commercial purposes without your additional and explicit consent, unless permitted or required by law.
International Transfers of Personal Information
The Personal Information we collect will be transferred to, stored in, processed in, and accessed from countries that may be in a different country or region from where you reside or where the clinic you had your exam was located for the purposes set out in this Health Information Privacy Notice and the Prenuvo Privacy Notice. We maintain servers and core operational teams in the United States and Canada, and we may engage third-party service providers or affiliates in other regions where we operate clinics or business functions. When we transfer Personal Information out of the region it was collected, we do so in compliance with applicable Data Protection Laws together with robust technical and organisational security measures to countries where we have assessed, and confirmed, that the regions and facilities where your Personal Health Information is stored or processed provide acceptable safeguards and, where applicable, additional measures to ensure your information and rights are protected.
Prenuvo personnel may access your Personal Information while temporarily working outside their home region or country. Such access is restricted to regions that Prenuvo has assessed as offering acceptable privacy and legal protections and is subject to the same security controls that apply when the data is accessed within their home country or region.
By using our services you acknowledge and agree to these cross-border transfers and processing activities.
Third Party Information Collection
Third parties may collect Personal Health Information over time and across different Internet websites or online services when you use any Internet website or online service of Prenuvo. However, we do not knowingly permit third parties to collect Personal Health Information from you while you are on web pages that are made available after you log in to the password-protected part of our website.
We do not control the collection and use of your information collected by third parties. These third parties may aggregate the information they collect with information from their other customers for their own purposes. You can opt out of third parties collecting your information for targeted advertising purposes in the United States by visiting the National Advertising Initiative's (NAI) opt-out page and the Digital Advertising Alliance's (DAA) opt-out page.
You may also see certain ads on other websites because we participate in advertising networks. Ad networks allow us to target our messaging to users through demographic, interest-based, and contextual means. These networks track your online activities over time by collecting information through automated means, including through the use of cookies, web server logs, and web beacons. The networks use this information to show you advertisements that may be tailored to your individual interests.
Your Health Information Privacy Rights
Please refer to our Privacy Notice for a list of your rights and for information regarding exercising your Personal Health Information and other Privacy Rights.
Contact Information
If you have questions regarding this Notice, please contact us using the request form located here, or email us at: privacy@prenuvo.com.
For any other questions, please send an email to hello@prenuvo.com or phone us at 1-833-773-6886.
Regional Health Privacy Addenda
Although we have created our Health Information Privacy Notice with an inclusive approach to regional laws and regulations, some regions require that specific notices, language and rights be made available to you. The Regional Health Information Privacy Notice Addenda (the “Regional Health Privacy Addenda”) supplement the information contained in Prenuvo’s Health Information Privacy Notice to ensure we meet these requirements. The Regional Health Information Privacy Addenda apply to all patients and prospective patients of Prenuvo (“Patients” or “you”) who reside in the applicable regions. All capitalized terms not otherwise defined in these Regional Health Information Privacy Addenda have the same meaning as set forth in the Prenuvo’s Health Information Privacy Notice, available here: https://prenuvo.com/privacy/.
Changes to the Regional Health Information Privacy Addenda
Prenuvo reserves the right to amend the Regional Health Privacy Addenda at our sole discretion and at any time. When we make changes to any of the Regional Health Information Privacy Addenda, we will post the updated addendum on the Website and update the addendum’s last updated date. Your continued use of our website and services following the posting of changes to our Regional Health Information Privacy Addenda constitutes your acceptance of such changes.
Washington Health Privacy Addendum
Last Updated: 09 Mar 2026
Information for Individuals Whose Health Data is Collected in Washington
Our collection of Consumer Health Data is covered by the Washington My Health My Data Act (“WA MHMD”). In addition to our Privacy Notice at https://prenuvo.com/privacy/ and other Prenuvo Privacy Notices or Addendums, this Washington Health Privacy Notice only applies to individual patients or consumers who are residents of the state of Washington, or individuals whose Consumer Health Data is collected in the state of Washington (“Health Data Subjects,” or “you”).
“Consumer Health Data” means personal information that is linked or reasonably linkable to a particular individual and that identifies that individual’s past, present, or future physical or mental health status. However, the following categories of information are not Consumer Health Data and not covered by this Washington Health Privacy Notice:
- Deidentified data;
- Protected Health Information (“PHI”), as defined by the Health Insurance Portability and Accountability Act (“HIPAA”);
- Health care information collected, used, or disclosed in accordance with WA Revised Code § 70.02 (“Medical Records – Health Care Information Access and Disclosure”);
- Publicly available information; or
- Information otherwise excluded from the scope of WA MHMD.
This Washington Health Privacy Notice provides the following information to individuals in Washington:
- Categories of Consumer Health Data we collect;
- Purposes for which we collect Consumer Health Data;
- How we use and process Consumer Health Data;
- Categories of sources from which we collect Consumer Health Data;
- Categories of Consumer Health Data we share;
- Categories of third parties or specific affiliates with whom we share Consumer Health Data;
- The rights you may have rights under WA MHMD; and
- How you can exercise your rights.
This Washington Health Privacy Notice does not apply to the information of individuals acting in an employment context, such as job applicants, employees, or contractors to by Prenuvo, Inc. and its affiliates, including Prenuvo of Golden State, P.C., Prenuvo of Minnesota LLC, Prenuvo Radiology PC, Hercules Study PC, Independent Radiology of New York P.C., Vigilance Health Imaging Network, and LISA Preventative Health PLLC , collectively referred to as “Prenuvo”, “us,” “we,” or “our”.
We may update this Washington Health Privacy Notice Addendum from time to time. Any updated Health Privacy Notice will be effective when posted. Please check this page periodically for updates. If required by law, we will contact you directly to provide you with an updated notice. Your continued use of our website and services following the posting of changes constitutes your acceptance of such changes.
Categories, Sources, and Use of the Consumer Health Data We Collect
Please see our Health Privacy Notice for information regarding the types, sources and purposes for which we collect Consumer Health Data or Personal Health Information.
Sharing of Consumer Health Data
We may share each of the categories of Consumer Health Data described above with your consent, or to the extent necessary to provide a product or service that you requested.
“Share” under the WA MHMD means to release, disclose, disseminate, divulge, make available, provide access to, license, or otherwise communicate Consumer Health Data to a third party or affiliate. However, “share” does not include:
- Disclosure of Consumer Health Data to provide goods or services in a manner consistent with the purpose for which we collected the Consumer Health Data;
- Disclosure to a third party with whom you have a direct relationship when the disclosure is for the purpose of providing a product or service you if we maintain control and ownership of the data, and the third party uses the data only at our direction and consistent with your consent and for the purpose for which it was collected; or
- Disclosure or transfer of Consumer Health Data to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in compliance with WA MHMD
The term “third party,” as used in this Washington Health Privacy Notice, means a person who is not a consumer, an entity regulated under WA MHMD, a processor, or an affiliate of an entity regulated under WA MHMD.
We may share Consumer Health Data to the following categories of third parties and specific affiliates:
- Business partners;
- Affiliates of Prenuvo; and
- Research organizations such as universities or other organizations in the health and/or medical space.
Use of Artificial Intelligence
Please see our Health Privacy Notice for information regarding the use of Artificial Intelligence (AI).
Your Health Data Rights
Health Data Subjects have the following rights under WA MHMD. You may have the right to request that we:
- Confirm if we are collecting, sharing, or selling your Consumer Health Data;
- Access your Consumer Health Data;
- Delete your Consumer Health Data;
- Withdraw consent for the collection and/or sharing of your Consumer Health Data; and
- Appeal our decisions on requests to exercise any of these rights.
Exercising Your Health Information Privacy Rights
Please refer to our Privacy Notice information regarding exercising your Health Information and other Privacy Rights.
Response Timing and Format
We will respond to your rights request within 45 days, though in certain cases we may inform you that we will need up to another 45 days to act on your request. If we suspect fraudulent or malicious activity, we will delay taking action on your request until we can appropriately verify your identity and the request as authentic. If you believe our response to your rights request is insufficient, you can appeal our decision by submitting an appeal request via the same method used to submit your initial request, and we will inform you of our final decision within 45 days.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Sales of Consumer Health Data
Please see our Health Information Privacy Notice for information regarding the sale of Consumer Health Data.
Third-Party Collection
A third party may collect Consumer Health Data over time and across different Internet websites or online services when you use any Internet website or online service of Prenuvo. However, we do not knowingly permit third parties to collect Consumer Health Data from you while you are on webpages that are made available after you log in to the password-protected part of our website.
We do not control the collection and use of your information collected by third parties. These third parties may aggregate the information they collect with information from their other customers for their own purposes. You can opt out of third parties collecting your information for targeted advertising purposes in the United States by visiting the National Advertising Initiative's (NAI) opt-out page and the Digital Advertising Alliance's (DAA) opt-out page.
You may also see certain ads on other websites because we participate in advertising networks. Ad networks allow us to target our messaging to users through demographic, interest-based, and contextual means. These networks track your online activities over time by collecting information through automated means, including through the use of cookies, web server logs, and web beacons. The networks use this information to show you advertisements that may be tailored to your individual interests.
Contact Information
If you have questions regarding this Notice, please contact us using the request form located here, or email us at: privacy@prenuvo.com.
For any other questions, please send an email to hello@prenuvo.com or phone us at 1-833-773-6886.
Nevada Health Privacy Addendum
Last Updated: 09 Mar 2026
Information for Individuals Whose Health Data is Collected in Nevada
Our collection of Consumer Health Data is covered by the Nevada Consumer Health Data Privacy Law (“NV CHDP”). In addition to our Privacy Notice at https://prenuvo.com/privacy/ and other Prenuvo Privacy Notices or Addendums, this Nevada Health Privacy Notice only applies to individual patients or consumers who are residents of the state of Nevada that requested a product or service from Prenuvo, or individuals whose Consumer Health Data is collected in the state of Nevada (“Health Data Subjects,” or “you”).
“Consumer Health Data” means personally identifiable information that is linked or reasonably capable of being linked to a particular individual and that is used to identify that individual’s past, present, or future health status. However, the following categories of information are not Consumer Health Data and not covered by this Nevada Health Privacy Notice:
- Deidentified data;
- Protected Health Information (“PHI”), as defined by the Health Insurance Portability and Accountability Act (“HIPAA”);
- Collection or sharing of Consumer Health Data where expressly authorized by federal or state law;
- Publicly available information; or
- Information otherwise excluded from the scope of NV CHDP.
This Nevada Health Privacy Notice provides the following information to individuals in Nevada:
- Categories of Consumer Health Data we collect;
- Purposes for which we collect, use, and share Consumer Health Data;
- How we use and process Consumer Health Data;
- Categories of sources from which we collect Consumer Health Data;
- Categories of Consumer Health Data we share;
- Categories of third parties or specific affiliates with whom we share Consumer Health Data;
- The rights you may have rights under NV CHDP, and
- How you can exercise your rights.
This Nevada Health Privacy Notice Addendum does not apply to the information of individuals to by Prenuvo, Inc. and its affiliates, including Prenuvo of Golden State, P.C., Prenuvo of Minnesota LLC, Prenuvo Radiology PC, Hercules Study PC, Independent Radiology of New York P.C., Vigilance Health Imaging Network, and LISA Preventative Health PLLC , collectively referred to as “Prenuvo”, “us,” “we,” or “our”.
This Nevada Health Privacy Notice Addendum also does not apply to the information of individuals acting as an agent of a governmental entity.
We may update this Nevada Health Privacy Notice Addendum from time to time. Any updated Health Information Privacy Notice will be effective when posted. Please check this page periodically for updates. If required by law, we will contact you directly to provide you with an updated notice. Your continued use of our website and services following the posting of changes constitutes your acceptance of such changes.
Categories, Sources, and Use of the Consumer Health Data We Collect
Please see our Health Information Privacy Notice for information regarding the types, sources and purposes for which we collect Consumer Health Data or Personal Health Information.
Sharing of Consumer Health Data to Third Parties or Affiliates
We may share each of the categories of Consumer Health Data described above with your affirmative, voluntary consent, to the extent necessary to provide a product or service that you requested, or as required or authorized by law.
“Share” under the NV CHDP means to release, disclose, disseminate, divulge, make available, provide access to, license, or otherwise communicate Consumer Health Data. We may share Consumer Health Data to the following categories of third parties and affiliates. The term “third party”, as used in this Nevada Health Privacy Notice, means a person who is not a consumer, an entity regulated under NV CHDP, a processor or an affiliate of an entity regulated under NV CHDP.
However, “share” does not include:
- Disclosure of Consumer Health Data to provide goods or services in a manner consistent with the purpose for which we collected the Consumer Health Data;
- Disclosure to a third party with whom you have a direct relationship when the disclosure is for the purpose of providing a product or service you if we maintain control and ownership of the data, and the third party uses the data only at our direction and consistent with your consent and for the purpose for which it was collected; or
- Disclosure or transfer of Consumer Health Data to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in compliance with NV CHDP.
We may share de-identified Consumer Health Data to the following categories of third parties and specific affiliates:
- Business partners;
- Affiliates of Prenuvo; and
- Research organizations such as universities or other organizations in the health and/or medical space.
Use of Artificial Intelligence
Please see our Health Privacy Notice for information regarding the use of Artificial Intelligence (AI).
Your Health Data Rights
Health Data Subjects have the following rights under NV CHDP. You may have the have the right to request that we:
- Confirm whether Consumer Health Data is collected, shared, or sold;
- Delete Consumer Health Data;
- Opt out of the collecting, selling, or sharing of Consumer Health Data;
- Obtain a list a list of all third parties with whom Consumer Health Data; has been shared or sold;
- Appeal our decisions on requests to exercise any of these rights.
Exercising Your Health Information Privacy Rights
Please refer to our Privacy Notice information regarding exercising your Health Information and other Privacy Rights.
Response Timing and Format
We will respond to your rights request within 45 days, though in certain cases we may inform you that we will need up to another 45 days to act on your request. If we suspect fraudulent or malicious activity, we will delay taking action on your request until we can appropriately verify your identity and the request as authentic. If you believe our response to your rights request is insufficient, you can appeal our decision by submitting an appeal request via the same method used to submit your initial request, and we will inform you of our final decision within 45 days.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Sales of Consumer Health Data
Please see our Health Information Privacy Notice for information regarding the sale of Consumer Health Data.
Third-Party Collection
A third party may collect Consumer Health Data over time and across different Internet websites or online services when you use any Internet website or online service of Prenuvo. However, we do not knowingly permit third parties to collect Consumer Health Data from you while you are on webpages that are made available after you log in to the password-protected part of our website.
We do not control the collection and use of your information collected by third parties. These third parties may aggregate the information they collect with information from their other customers for their own purposes. You can opt out of third parties collecting your information for targeted advertising purposes in the United States by visiting the National Advertising Initiative's (NAI) opt-out page and the Digital Advertising Alliance's (DAA) opt-out page.
You may also see certain ads on other websites because we participate in advertising networks. Ad networks allow us to target our messaging to users through demographic, interest-based, and contextual means. These networks track your online activities over time by collecting information through automated means, including through the use of cookies, web server logs, and web beacons. The networks use this information to show you advertisements that may be tailored to your individual interests.
Contact Information
If you have questions regarding this Notice, please contact us using the request form located here, or email us at: privacy@prenuvo.com.
For any other questions, please send an email to hello@prenuvo.com or phone us at 1-833-773-6886.
Applicant and Candidate Privacy Notice
Last Updated: 23 Mar 2026
The purpose of this Applicant and Candidate Privacy Notice is to provide you with information on the categories of personal information that are collected by Prenuvo, Inc. and its affiliates, including Prenuvo of Golden State, P.C., Prenuvo of Minnesota LLC, Prenuvo Radiology PA, Hercules Study PC, Independent Radiology of New York P.C., Vigilance Health Imaging Network, Prenuvo Ltd, Prenuvo Pty Ltd and Lisa Prevention LLC, collectively referred to as “Prenuvo”, “us,” “we,” or “our”, regarding the employment-related Personal Information that we collect and use from job applicants (“Applicants”).
This Notice explains:
- What information we collect during our application and recruitment process, where we collect it from and why we collect it;
- How we use that information; and
- How to access and update that information.
Your use of Prenuvo services is governed by our Prenuvo Terms, Health Information Privacy Notice and Privacy Notice and addenda as applicable.
We may change this Notice from time to time. We will post any changes to this Notice on this page and update the “Last Updated” date to reflect when the most recent changes were published.
Sources of Personal Information
We collect your Personal Information:
- Directly from you during the course of your relationship with us as an Applicant, including Personal Information automatically created when you use our technology systems;
- From third-parties, such as former employers, background check companies, drug testing facilities (if you are required to submit to a drug test as a condition of your employment), government entities, references supplied by former employers, other recommendation lists;
- From public websites sites such as LinkedIn; and
- If you contact us, we may keep a record of that correspondence.
Types of Information We Collect
This Policy covers the information you share with us and/or which may be acquired or produced by Prenuvo during the application or recruitment process including:
- Identifiers and similar information, such as your name, phone number, address and other contact information; username and password; and unique identifiers tied to the browser, application, or device you’re using.
- Professional, employment, and education information, such as your resume or CV, cover letter, previous and/or relevant work experience or other experience, education, transcripts, or other information you provide to us in support of an application and/or the application and recruitment process. This may include information relating to any previous applications you may have made to Prenuvo and/or any previous employment history with Prenuvo.
- Audio, electronic, visual, and similar information, such as emails that you may send or receive in connection with the application or recruitment process. This may include video interviews or phone-screenings you may have, if any.
- Demographic information, such as your age, gender, and language(s) spoken. If you choose, you may also provide additional information, like your racial or ethnic origin, religious or philosophical beliefs, trade union membership, sexual orientation, or gender identity. Please note, providing information about your racial or ethnic origin, religious or philosophical beliefs, and health, sex life, or sexual orientation is completely optional at your discretion, and we will collect this information only to the extent you choose to provide it in your application, as part of the equal opportunity forms you may be asked to fill out if you are hired, as part of your voluntary disclosure, or as may be provided by a reference or other third party during reference and background checks.
- Employment expectations, including details of the type of employment you are or may be looking for, current and/or desired salary and other terms relating to compensation and benefits packages, willingness to relocate, or other job preferences.
- Health information, if you choose to provide it, in connection with the application or recruitment process, such as data you may provide in connection with an accommodations request.
- Reference or Background Checks, such as information we collect through reference checks, criminal and financial background checks (where applicable) and information from publicly available sources, including online, that may be relevant. It is your responsibility to obtain consent from referees before providing their personal information to Prenuvo.
- Other information you create or provide, such as assessments or other information or content you create, upload, or otherwise provide in connection with the application and recruitment process.
- Geolocation data, including as determined by IP address, depending in part on your device and account settings.
- Inferences drawn from the information above.
How We Use Information We Collect
Your information will be used by Prenuvo for the purposes of carrying out its application and recruitment process which includes:
- Administrative purposes: Prenuvo uses and may disclose information for purposes related to carrying out its application and recruitment process, including for assessing candidates; verifying information and conducting reference checks and criminal and financial background checks (where applicable); communicating with you; responding to requests for assistance with obtaining an immigration visa or work permit (where required); diversity, equity, inclusion and belonging; and other related activities.
- Auditing and measurement: Prenuvo uses information for analytics and measurement to understand use of Prenuvo accounts, systems, and services. This may include creating and/or submitting reports as required under any local laws and/or regulations, where applicable.
- Equal opportunity: As part of our commitment to equal opportunity employment, we may process information regarding your membership in various organizations to support our diversity and inclusion efforts. This may include associating participant membership with sensitive and/or demographic information.
- Research and development: Prenuvo uses information to improve our application and recruitment process, including improving diversity in recruitment practices.
- Maintaining our services: Prenuvo uses information to ensure our equipment, accounts, systems, and services are working as intended, such as tracking outages or troubleshooting bugs and other issues.
- Legal reasons: Prenuvo also uses information to satisfy applicable laws or regulations, and discloses information in response to legal process or enforceable government requests, including to law enforcement.
- Protecting against security threats, abuse, illegal activity, and violations: Prenuvo uses and may disclose information to detect, prevent and respond to security incidents, and for protecting against other malicious, deceptive, fraudulent, or illegal activity. For example, to protect our services, Prenuvo may receive or disclose information about IP addresses that malicious actors have compromised. We may also use your information to protect the rights and property of Prenuvo, our users, applicants, candidates, employees or the public as required or permitted by law.
If you are offered and accept employment with Prenuvo, the information collected during the application and recruitment process will become part of your employment record.
Who May Have, or Be Granted Access, to Your Information
- Your information may be shared with our affiliates, subsidiaries or joint ventures in the US, Canada and in other jurisdictions, in relation to the purposes described above. If you have been referred for a job at Prenuvo by a current Prenuvo employee, with your consent, we may inform that employee about the progress of your application and let the Prenuvo employee know the outcome of the process. In some cases, if it is identified that you have attended the same university/school or shared the same previous employer during the same period as a current Prenuvo employee we may consult with that employee for feedback on you.
- Prenuvo may also use service providers acting on Prenuvo's behalf based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures, to perform some of the services described above including for the purposes of the verification/background checks. These service providers may be located outside the country in which you live or the country where the position you have applied for is located.
- Prenuvo may sometimes be required to disclose your information to external third parties such as to federal, state, territorial and/or local labour authorities, courts and tribunals, regulatory bodies and/or law enforcement agencies for the purpose of complying with applicable laws and regulations, or in response to legal process.
- We will also share your personal information with other third parties if we have your consent (for example if you have given us permission to contact your referees), or to detect, prevent or otherwise address fraud, security or technical issues, or to protect against harm to the rights, property or safety of Prenuvo, our users, applicants, candidates, employees or the public or as otherwise required by law.
- Prenuvo operates globally, which means your information may be stored and processed outside of the country or region where it was originally collected including in the United States and Canada. In some of these countries, you may have fewer rights in respect of your information than you do in your country of residence. Regardless of where your information is processed, we apply the same protections described in this Policy.
Prenuvo takes appropriate steps to protect information about you that is collected, processed, and stored as part of the application and recruitment process.
U.S. State Law Requirements
Some U.S. state privacy laws, such as the California Consumer Privacy Act (CCPA), require specific disclosures for state residents.
This Notice is designed to help you understand how Prenuvo handles your information. In the sections above, we explain: (1) the categories of information Prenuvo collects and the sources of that information; (2) how Prenuvo uses information; and (3) when Prenuvo may disclose information. Prenuvo does not sell your personal information. Prenuvo also does not “share” your personal information as that term is defined in the CCPA.
State laws like the CCPA also provide the right to request information about how Prenuvo collects, uses, and discloses your information. And they may give you the right to access and correct your information, and to request that Prenuvo delete that information. Finally, the CCPA provides the right to not be discriminated against for exercising these privacy rights.
If you have questions or concerns related to your rights under CCPA, please see the section on Exercising Your Privacy Rights, in the Prenuvo Privacy Notice located https://prenuvo.com/privacy.
Legal Basis for Processing your Information and International Transfer of your Information for Residents of the European Economic Area, Switzerland and the United Kingdom.
We collect and process your information where it is necessary in order to take steps, at your request, prior to potentially entering into a contract of employment with you.
We may also seek your consent to process your personal information in specific circumstances, or process it where necessary to comply with a legal obligation or for purposes connected to legal claims. If we use your information to improve our application or recruitment process, we do so on the basis that it is in our legitimate interests to ensure we recruit the best possible candidates.
Additionally, we are a global business, meaning your Personal Information will likely be transferred to, stored, and processed in the U.S., Canada and other countries outside of where you live. When we conduct such transfers, we rely on various legal bases to lawfully transfer Personal Information, including fulfillment of our agreements with you, your prior consent, adequacy decisions for relevant countries, or other transfer mechanisms as may be available under applicable law.
EU-U.S. and Swiss-U.S. Data Privacy Frameworks
Prenuvo, Inc. and Prenuvo Radiology PA, (collectively, “Prenuvo DPF”) comply with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Prenuvo DPF has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Prenuvo DPF has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
Prenuvo DPF is responsible for the processing of Personal Information it receives or subsequently transfers to a third party acting as an agent on its behalf. Prenuvo DPF complies with applicable data protection law, including Data Privacy Framework Principles for all onward transfers of Personal Information from the EEA and Switzerland, including the onward transfer liability provisions in the Data Privacy Framework Principles.
With respect to Personal Information received or transferred pursuant to the Data Privacy Framework Principles, Prenuvo DPF is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Prenuvo DPF may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the EU-US Data Privacy Framework Principles, Prenuvo DPF commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the DPF Principles. European Union, Swiss and United Kingdom individuals with DPF inquiries or complaints should first contact:
Privacy Office
Prenuvo, Inc.
2727 El Camino Real,
San Francisco, CA 94061, USA
1 833 773 6886
privacy@prenuvo.com
Prenuvo DPF has further committed to refer unresolved privacy complaints under the DPF Principles to an independent dispute resolution mechanism, In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Prenuvo DPF commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of personal information received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit the Data Privacy Framework Program website for more information and/or to file a complaint. This service is provided free of charge to you.
If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See the Data Privacy Framework Program section on recourse mechanisms.
If you have questions about our Data Privacy Framework certifications, we encourage you to contact us at privacy@prenuvo.com.
Personal Information of Children
We do not knowingly collect or use the Personal Information of children under 16 as part of our recruiting process. If you believe that we have collected the Personal Information of a child under 16 as part of our recruiting process, please contact us through one of the methods listed in the section on Exercising Your Privacy Rights, in the Prenuvo Privacy Notice located at https://prenuvo.com/privacy.
Security and Retention of Your Personal Information
We maintain reasonable security procedures and technical and organizational measures to protect your Personal Information against accidental or unlawful destruction, loss, disclosure or use. However, no data transmission over the Internet can be guaranteed to be fully secure. We recommend that you take reasonable precautions to protect the Personal Information you send and receive from us.
If you apply for a job at Prenuvo and your application is unsuccessful (or you withdraw from the process or decline our offer), Prenuvo will retain your information for a period after your application. We retain this information for various reasons, including in case we face a legal challenge in respect of a recruitment decision, to consider you for other current or future jobs at Prenuvo and to help us better understand, analyze and improve our recruitment processes.
If you do not want us to retain your information for consideration for other roles, or want us to update it, please email us at people@prenuvo.com or see the section on Exercising Your Privacy Rights, in the Prenuvo Privacy Notice located https://prenuvo.com/privacy. Please note, however, that we may retain some information if required by law or as necessary to protect ourselves from legal claims.
Your Rights Regarding Your Personal Information
In certain countries, you may have certain rights under data protection law. This may include the right to request access or to update or review your information, request that it be deleted or anonymized, or object to or restrict Prenuvo using it for certain purposes.
Please see the Prenuvo Privacy Notice at https://prenuvo.com/privacy for information regarding the rights that may apply to you and how to make a request to exercise applicable rights. Additionally, for regions that may have specific Privacy Rights and review or complaints processes, please see the applicable regional Privacy Notice Addendum for more details.
Contact Information
If you have questions regarding this Notice, please contact us using the request form located here, or email us at: privacy@prenuvo.com.
For any other questions, please send an email to people@prenuvo.com or phone us at 1-833-773-6886.
Cookies and Tracking Technologies Notice
Last Updated: 21 Feb 2025
Prenuvo and our affiliates, third parties, and other partners use cookies and other identification technologies on our websites, mobile applications, email communications, advertisements, and other online services (collectively, the ‘Digital Properties’ or ‘Services’) for a number of purposes, including: authenticating users, remembering user preferences and settings, determining the popularity of content, delivering and measuring the effectiveness of advertising campaigns, analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our Services.
This Cookies and Tracking Technologies Notice may be updated from time to time. If we make any changes, we will notify you by revising the "Last Updated" date at the top of this notice.
Cookies and Related Technologies Overview
Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements that are used to remember your browser or device during and across website visits. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on return visits to our Services.
We also use other technologies that may identify you or the devices you use. For example, ‘pixel tags’ (also called beacons) are small blocks of code installed on (or called by) a webpage, app, or advertisement which can retrieve certain information about your device and browser, including, for example: device type, operating system, browser type and version, website visited, time of visit, referring website, IP address, advertising identifiers, and other similar information, including the small text file (the cookie) that uniquely identifies the device.
Pixels provide the means by which third-parties can set and read browser cookies from a domain that they do not themselves operate and collect information about visitors to that domain, typically with the permission of the domain owner. ‘Local storage’ refers generally to other places on a browser or device where information can be stored by websites, ads, or third-parties (such as HTML5 local storage and browser cache). ‘Software Development Kits’ (also called SDKs) function like pixels and cookies, but operate in a mobile app where pixels and cookies cannot always function. The primary app developer can install pieces of code (the SDK) from partners in the app, allowing the partner to collect certain information about your interaction with the app and information about the user device and network information.
We may use session replay tools, which record your interactions with our Digital Properties, such as how you move throughout our Digital Properties and engage with our webforms. In addition to the uses described below, this information helps us improve our Digital Properties and identify and fix technical issues visitors may be having with our Digital Properties or Services.
Types Technologies Used and Why
The following section sets out the different categories of cookies and other similar technologies that our Services use and why we use them.
- Strictly Necessary. These cookies and other technologies are essential in order to enable the Services to provide the feature you have requested, such as remembering you have logged in and to help us improve the security of our Digital Properties, such helping to prevent fraud and other malicious behavior.
- Functional. These cookies and similar technologies remember choices you make such as language or search parameters. We use these cookies to provide you with an experience more appropriate with your selections and to make your use of the Services more tailored.
- Performance or Analytics. These cookies and similar technologies collect information on how users interact with the Services and enable us to improve how the Services operate. For example, we use Google Analytics and Microsoft Clarity to help us understand how visitors arrive at and browse our products and website to identify areas for improvement such as navigation, user experience, and marketing campaigns.
- Targeting or Advertising. These cookies collect information about your browsing habits in order to make advertising relevant to you and your interests. They remember the websites you have visited and that information is shared with other parties such as advertising technology service providers and advertisers and are used to help us with advertising and content personalization on our Digital Properties and those of third parties; tracking activity over time and across properties to develop a profile of your interests and advertise to you based on those interests (“interest-based advertising”); providing you with offers and online content that may be of interest to you; and measuring the effectiveness of advertising campaigns and our communications with you, including identifying how and when you engage with one of our emails.
- Social media cookies. These cookies are used when you share information using a social media sharing button or “like” button on our websites or you link your account or engage with our content on or through a social media site. The social network will record that you have done this. This information may be linked to targeting/advertising activities.
Types of Information Collected
These tracking technologies collect data about you and your device, such as your IP address, location (both approximate and precise) cookie ID, device ID, Ad ID, operating system, browser used, browser history, search history, and information about how you interact with our Digital Properties (such as pages on our Digital Properties that you have viewed).
Disclosing of Your Information
We may disclose information to third parties or allow third parties to directly collect information using these technologies on our Digital Properties, such as social media companies, advertising networks, companies that provide analytics including ad tracking and reporting, security providers, and others that help us operate our business and Digital Properties.
Managing Cookies
Cookies are an important part of how our Services and Digital Properties work, so you should be aware that if you choose to refuse or remove cookies, this could affect the availability and functionality of the Services we provide. When you visit our Digital Properties for the first time, or if you block or remove cookies stored within your browser, you will be presented with a banner that will allow you to choose what types of cookies you allow while on our Digital Properties. This banner will allow you to either consent (opt in) or withdraw consent (opt out) of certain types of cookies depending on where you live or access our Digital Properties from. This includes opting out of the sale of your information for monetary or other valuable consideration and of “sharing” your Personal Information for the purposes of cross-context behavioral advertising. The exception to this are Strictly Necessary that are needed to ensure our Digital Properties and Services work as intended. This can be done by adjusting your cookie preferences via our Cookie Banner through the options provided and you can change your preferences at any time using the Cookie icon in the lower left hand corner of your screen and selecting the categories of cookies that you do, or do not consent to being used.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please refer to your browser’s Help instructions to learn more about how to manage cookies and other tracking technologies. Please note that if you change computers, devices, or browsers; use multiple computers, devices, or browsers; or delete your cookies, you may need to repeat this process for each computer, device, or browser. Opting out of interest-based advertising will not opt you out of all advertising, but rather only interest-based advertising from us or our agents or representatives. If you refuse or delete cookies, some of our Digital Properties’ functionality may not work as expected or intended.
You may also be able to adjust the settings of your device so that information about your physical location is not sent to us or third parties by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information. We will not share data obtained through our Transactional or Marketing text message programs, including your phone number or location information, with third parties for their marketing purposes.
Some regional laws, such as the CCPA in California, prohibit third-parties from reselling Personal Information unless you have received explicit notice and an opportunity to opt-out of further sales. Unless you do not consent, or withdraw consent to the “sale” of your information, we may “sell” your Personal Information to the following third-parties and others for monetary or other valuable consideration who may resell that information. To opt-out of these sales, please visit that third-party’s opt-out notice at the link provided below. Please note that if you reside in certain regions including countries within the European Economic Area and Quebec, Canada you must consent to sharing of your Personal Information before we can disclose your Personal Information to third parties that may resell the provided information for these purposes. These third party services may include:
- Google Analytics. We use Google Analytics. Google Analytics is a web analytics service offered by Google LLC (“Google”) that tracks and reports Site traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://policies.google.com/privacy. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: http://tools.google.com/dlpage/gaoptout.
- Microsoft Clarity. We use Microsoft Clarity on our marketing website to capture how users interact with this site through behavioral metrics, heatmaps, and session replay to improve our products and services. Website usage data is captured using first and third-party cookies and other tracking technologies to help us improve our website. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement located at https://privacy.microsoft.com/privacystatement.
- Other Third-Party Cookies. You can disable cookies from third parties by using your browser settings or, if available, directly opting-out of cookie collection with the third-party cookie service provider via their website. The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. Some of the third parties we work with participate with the Digital Advertising Alliance (“DAA”) and Network Advertising Initiative (“NAI”). The DAA and NAI provide mechanisms for you to opt out of interest-based advertising performed by participating members at http://www.aboutads.info/choices/ and https://optout.networkadvertising.org/. We adhere to the DAA’s Self-Regulatory Principles for Online Behavioral Advertising. You may also click on the “AboutAds” icon on a Company advertisement and follow the instructions on how to opt out. You can also learn more about targeted advertising and consumer choice and privacy at the following websites Facebook, Google Ads. To help control or block certain ads in mobile applications, you may choose to download the DAA mobile app to activate control and block features.
For further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, you can visit https://www.youradchoices.com.
For mobile users, you have controls in your device Operating System that enables you to choose whether to allow cookies, or share your advertising ID with companies like ours or our advertising service providers. For information on controlling your mobile choices, you can visit https://www.networkadvertising.org/mobile-choices.
Browser and Device Privacy Control Signals
Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. Wherever possible we respect "Do Not Track" or similar signals. To find out more about "Do Not Track," please visit www.allaboutdnt.com. This is separate from any response to opt-out signals such as Global Privacy Control (GPC) (for more information on how to configure your browser to send this signal, please see https://globalprivacycontrol.org/ ) that are also respected wherever possible. Please note that we do not currently “sell”, as defined by the California Consumer Privacy Act and other regional laws, any personal information subject to the Prenuvo Privacy Notice, and we do not exchange information for any type of financial incentive. Information shared with our advertisers is not considered personal information, as the data exchanged would not lead to the identification of you as an individual (i.e., at minimum it is de-identified).
When we receive one of these privacy control signals, we may process it in a frictionless manner, which prohibits us from: (a) charging you a fee or requiring any valuable consideration; or (b) changing your experience with our products and services. We will also display a notification in our Cookie Banner to indicate your choice to opt-out of the “sale” or “sharing” of your personal information and we will opt you out of any further “sale” or “sharing” of your Personal Information when you interact with our Digital Properties through that browser and on that device. You may configure the privacy control signal to operate in a frictionless manner by consulting the documentation for your browser or plug-in that provides the privacy control signal. In the event you have opted-in to our “sale” and “sharing” of your Personal Information as described above and we receive a privacy control signal from your browser, we will request further instructions from you before you are opted out of any further “sale” or “sharing".
Contact Information
If you have questions regarding this Notice, please contact us using the request form located here, or email us at: privacy@prenuvo.com.
For any other questions, please send an email to hello@prenuvo.com or phone us at 1-833-773-6886.
Survey Giveaway
NO PURCHASE OR PAYMENT OF ANY MONEY IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE THE CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR WHERE REGISTRATION OR BONDING REQUIRED. THIS GIVEAWAY IS SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS.
- SPONSOR: Prenuvo, Inc. located at 2727 El Camino Real, Redwood City, CA 94061 (“Sponsor”).
- AGREEMENT TO OFFICIAL RULES: By participating in the Giveaway (as defined below), you expressly agree to (i) be bound by these official rules (“Official Rules”) and the decisions of the Sponsor, including without limitation decisions regarding eligibility, winner, and the interpretation of terms used in these Official Rules, which are final and binding in all aspects, and (ii) receive marketing communications regarding Sponsor’s products, services, and events.
- ENTRY PERIOD: The Survey Giveaway (“Giveaway”) sponsored by Sponsor consists of a monthly drawing for Entrants that have completed at least one survey that has been distributed during the applicable monthly entry period. Each monthly entry period begins at 12:01 Pacific Time (“PT”) on the first day of a calendar month and ends at 11:59 PT on the last day of that same month (“Entry Period"). Sponsor’s computer will be the official clock for the Giveaway. All entries must be received (as defined below) during the Entry Period to be eligible to enter the Giveaway
- ELIGIBILITY: The Giveaway is open to individuals (“Entrant” or “you”) that (i) are 18 years of age or older or who have reached the age of majority in their jurisdiction of residence as of the date of entry; and (ii) are legal residents of the 50 United States (including the District of Columbia) (collectively “Eligibility Area”). Employees, contractors, consultants, officers, directors, and agents (and their immediate families and household members regardless of where they live), or members of the same households, whether related or not, of Sponsor, its parents, divisions, subsidiaries, agents, promotional partners, advertising/promotion agencies, and prize suppliers and deliverers (“Giveaway Entities”) are not eligible to participate in the Giveaway or win any prize. Failure to meet the eligibility requirements will result in an entry being invalid and forfeiture of any prize. Individuals outside of the Eligibility Area are not eligible to participate or win a prize. Sponsor reserves the right to disqualify any Entrant that Sponsor determines could potentially reflect negatively on Sponsor’s image. Sponsor’s decisions regarding eligibility and all other aspects of the Giveaway are final and binding subject to applicable laws.
- PRIVACY: Sponsor collects personal information from you when you enter the Giveaway. The information collected is subject to Sponsor’s privacy policy (as may be amended from time to time), which can be found at https://www.prenuvo.com/privacy (“Privacy Policy”). In the event of any conflict between these Official Rules and Sponsor’s Privacy Policy, the terms and conditions of these Official Rules shall prevail. The personal information of Winner may be provided to corporate affiliates of the Sponsor, third parties assisting in the conduct of the Giveaway, including with Giveaway Entities, and for publicity purposes surrounding the Giveaway. If the personal information requested is not provided, you may not participate in the Giveaway. By participating in the Giveaway, you hereby agree to Sponsor’s collection and usage of your personal information as described and in accordance with the Privacy Policy and acknowledge that you have read and accepted the Privacy Policy.
- HOW TO ENTER: To enter the Giveaway, Entrant must:
- Complete any survey that has been distributed by Sponsor during the applicable Entry Period;
- Provide first name and email address.
Maximum of one (1) entry per person regardless of entry method. In the event of a dispute as to the identity of a potential winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, the platform, or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses. In the event of ongoing dispute, Sponsor has the right to determine the identity of Entrants in its sole discretion.
- PRIZE DETAILS: The prize described below will be distributed after completion of each Entry Period and after determination of Winner by Sponsor (“Prize”). The Prize cannot be combined with other offers or discount codes. No substitution, assignment or transfer of the Prize is permitted, except by Sponsor, who has the right to substitute the Prize with others of comparable or greater value. The Prize awarded is subject to third-party terms and conditions. Sponsor is not responsible for any errors or delays in the processing of the Prize.
Winner(s): One (1) winner will be selected for each Entry Period..
Prize: Winner will receive a FREE Whole Body Scan
- PRIZE CONDITIONS: Sponsor is not responsible for lost or stolen Prize. Winner may be responsible for any costs and expenses not listed herein. The Prize may be reported as income to a winner and all federal, state, and local taxes, fees and surcharges and taxes on the Prize are the sole responsibility of the Prize Winner. Please consult a tax professional to discuss your particular situation. Winner may be required to complete required tax forms or other documents requested within the time period stipulated by Sponsor. Sponsor reserves the right to amend or cancel the Giveaway for any reason, including if the fairness of the Giveaway is compromised. Proof of identity, age and/or legal residence may be required to claim the Prize. Failure to comply with any of the requirements set forth in the Official Rules may result in disqualification or forfeiture of the Prize. There is a limit of one (1) prize per Entrant.
- WINNER SELECTION AND ANNOUNCEMENT: The Giveaway winner is selected at random. Odds of winning depend on the number of people participating. Sponsor will randomly select the winner from among all eligible entries received during the Entry Period.
Winner is deemed to be a potential winner pending verification, including without limitation, verification of eligibility, compliance with the terms and conditions of the Giveaway, and completion of any required documents as determined by Sponsor, at Sponsor’s sole discretion. Sponsor will not be liable for any potential Prize notification that is lost, intercepted, or not received by any potential winner for any reason. If a potential winner cannot be contacted within five (5) days after the first attempt to contact the winner, Sponsor may select an alternate potential winner from the remaining eligible entries.
In the event of a dispute as to the identity of Entrants or Winner, Sponsor shall make the final determination as to identity. You agree that, as between you and Sponsor, Sponsor has the sole right to decide all matters and disputes arising from the Giveaway and that all decisions of Sponsor related to the Giveaway are final and binding. Sponsor reserves the right to disqualify and prosecute to the fullest extent permitted by law any Entrant or winner who it suspects has tampered with the Giveaway, the entry or participation process, violated the Official Rules, or acted in an unsportsmanlike or disruptive manner.
- PUBLICITY RELEASE: Each winner may be required to sign an affidavit of eligibility, liability release, and a publicity release that, among other things, will allow Sponsor to use the winner’s name, photograph, likeness, voice, prize information, opinions, and biographical information for publicity and promotional purposes without further compensation where permitted by law. Except where prohibited, participation in the Giveaway constitutes your consent to Sponsor’s use of your name, photograph, likeness, voice, prize information, opinions, and biographical information, for promotional purposes in any media without further payment or consideration.
- REPRESENTATION AND WARRANTIES AND CONDUCT: BY ENTERING AND PARTICIPATING IN THIS GIVEAWAY, YOU REPRESENT AND WARRANT THAT: (I) ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH THE GIVEAWAY IS TRUE, ACCURATE, AND COMPLETE; (II) YOU HAVE FULL AUTHORITY TO GRANT THE RIGHTS SET FORTH IN THESE OFFICIAL RULES; AND (III) YOU AGREE TO COMPLY WITH ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.
Any attempt by Entrant or any other individual to deliberately damage any internet site or undermine the legitimate operation of the Giveaway is a violation of these Official Rules and may violate criminal and civil laws. Should Sponsor believe or become aware that such an attempt has been, is being, or will be made, Sponsor reserves the right to seek remedies and damages from any responsible Entrant(s) and other responsible individual(s) in the attempted damage to the fullest extent permitted by law, including without limitation criminal prosecution.
- GENERAL RELEASE: YOU HEREBY HOLD SPONSOR, GIVEAWAY ENTITIES, AND ANY APPLICABLE SOCIAL MEDIA PLATFORMS AND THEIR AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND SHAREHOLDERS (COLLECTIVELY “RELEASEES”) HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE GIVEAWAY, PARTICIPATION IN ANY GIVEAWAY RELATED ACTIVITY, OR RESULTING DIRECTLY OR INDIRECTLY FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE GIVEAWAY, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION AND/OR INVASION OF PRIVACY AND THE COLLECTION, USE AND/OR SHARING BY SPONSOR AND GIVEAWAY ENTITIES OF PERSONALLY IDENTIFIABLE INFORMATION OF ENTRANTS, OR FOR ANY PRINTING, PRODUCTION, TYPOGRAPHICAL OR HUMAN ERROR.
RELEASEES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN OPERATION OR TRANSMISSION OR ALTERATION OF ENTRIES. RELEASEES ARE NOT RESPONSIBLE FOR ANY PROBLEMS WITH OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY ENTRY TO BE RECEIVED ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, HUMAN ERRORS OF ANY KIND, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ENTRANTS' OR ANY OTHER PERSONS' COMPUTERS, WIRELESS DEVICES OR OTHER EQUIPMENT RELATED TO OR RESULTING FROM PARTICIPATION, UPLOADING OR DOWNLOADING OF ANY MATERIALS RELATED TO THE GIVEAWAY, OR IF FOR ANY REASON THE GIVEAWAY IS NOT CAPABLE OF BEING CONDUCTED AS PLANNED, INCLUDING BUT NOT LIMITED TO INFECTION BY COMPUTER VIRUSES, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES OR OTHER CAUSES BEYOND THE CONTROL OF RELEASEES.
- LIMITATION OF LIABILITY: IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ATTORNEYS FEES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATED TO ANY ACCESS TO AND/OR USE OF ANY WEBSITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITE, THE REMOVAL FROM ANY WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR ATTENDANCE OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE GIVEAWAY.
- DISQUALIFICATION/FORCE MAJEURE: Sponsor reserves the right, at any time and in its sole discretion, to disqualify and/or deem ineligible to participate in this Giveaway, any individual who Sponsor believes to be: (i) tampering with the entry process or the operation of the Giveaway or any website, (ii) acting in violation of these Official Rules or Sponsor’s Privacy Policy or other terms, conditions or guidelines; (iii) acting in bad faith, an unsportsmanlike or disruptive manner; (iv) disrupting or undermining the legitimate operation of the Giveaway; or (v) annoying, abusing, threatening or harassing any other person. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding the prize or continuing the Giveaway as contemplated in these Official Rules by any event beyond its control (“Force Majeure Event”), including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, then Sponsor will have the right to modify, suspend, or terminate the Giveaway. If the Giveaway is terminated before the designated end date, Sponsor will (if possible) select the Winner from all eligible, non-suspect entries received as of the date of the Force Majeure Event giving rise to the termination. Inclusion in such selection process will be each Entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of Prize described in these Official Rules will be awarded.
- GENERAL CONDITIONS: Sponsor reserves the right to shorten, extend, modify, or cancel the Giveaway, in its sole discretion, at any time and without notice, even though such action may affect your ability to win a prize. Sponsor is not responsible for any typographical or other error in printing or description of the Giveaway. Entries are void if unreadable, inaccurate, and incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way or otherwise not in compliance with these Official Rules. Although Sponsor attempts to ensure the integrity of the Giveaway, Sponsor and Giveaway Entities are not responsible for the actions of Entrants or other individuals in connection with the Giveaway, including Entrants’ or other individuals’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Giveaway. In the event of any conflict between any details contained in these Official Rules and details contained in any Giveaway advertising materials, the details of the Giveaway as set forth in these Official Rules shall prevail.
- SEVERABILITY: If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference and shall not be deeded to affect in any manner the meaning or intent of these Official Rules or any provision thereof.
- DISPUTES: Except where prohibited, all disputes relating to the Giveaway will be exclusively resolved under confidential binding arbitration held in Los Angeles, CA. All disputes will be resolved in accordance with the Rules of JAMS, applying California law, without regard to conflicts of law principles. You and Sponsor agree to submit to the personal and exclusive jurisdiction of the federal and California state courts in Los Angeles, California] for purposes of enforcing any arbitration award. Notwithstanding the foregoing, Sponsor may seek injunctive or other equitable relief, from a court of competent jurisdiction. You and Sponsor agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and Sponsor agree that any cause of action arising out of or related to the Giveaway must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
- GIVEAWAY RESULTS: To request winner’s name or a copy of the Official Rules, send a self-addressed, stamped envelope to Attn: 2727 El Camino Real, Redwood City, CA 94061 or send us an email at legal@prenuvo.com with the subject “Giveaway Winner List and Official Rules Request.” Requests must be received within four (4) weeks of the end of the Entry Period. Vermont residents may omit postage.
- No Affiliation with Social Media Platforms: This Giveaway is in no way sponsored, endorsed or administered by, or associated with any social media platforms . The information you provide will only be used as described in these Official Rules and Sponsor’s Privacy Policy.
Prenuvo Sweepstakes
Official Sweepstakes Rules
NO PURCHASE OR PAYMENT OF ANY MONEY IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE THE CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR WHERE REGISTRATION OR BONDING REQUIRED. THIS SWEEPSTAKES IS SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS.
1. Sponsor
Prenuvo, Inc. located at 2727 El Camino Real, Redwood City, CA 94061 (“Sponsor”).
2. AGREEMENT TO OFFICIAL RULES
By participating in the Sweepstakes (as defined below), you expressly agree to (i) be bound by these official rules (“Official Rules”) and the decisions of the Sponsor, including without limitation decisions regarding eligibility, winner, and the interpretation of terms used in these Official Rules, which are final and binding in all aspects, and (ii) receive marketing communications regarding Sponsor’s products, services, and events.
3. ENTRY PERIOD
The Prenuvo Sweepstakes (“Sweepstakes”) sponsored by Sponsor begins on Thursday, August 7, 2025 at 3:00pm Pacific Time (“PT”) and ends on Monday, August 11, 2025 at 11:59pm PT (“Entry Period”). Sponsor’s computer will be the official clock for the Sweepstakes. All entries must be received (as defined below) during the Entry Period to be eligible to enter the Sweepstakes or win a prize.
4. ELIGIBILITY
The Sweepstakes is open to individuals (“Entrant” or “you”) that (i) are 18 years of age or older or who have reached the age of majority in their jurisdiction of residence as of the date of entry; and (ii) are legal residents of the 50 United States (including the District of Columbia) (collectively “Eligibility Area”). Employees, contractors, consultants, officers, directors, and agents (and their immediate families and household members regardless of where they live), or members of the same households, whether related or not, of Sponsor, its parents, divisions, subsidiaries, agents, promotional partners, advertising/promotion agencies, and prize suppliers and deliverers (“Sweepstakes Entities”) are not eligible to participate in the Sweepstakes or win any prize. Failure to meet the eligibility requirements will result in an entry being invalid and forfeiture of any prize. Individuals outside of the Eligibility Area are not eligible to participate or win a prize. Sponsor reserves the right to disqualify any Entrant that Sponsor determines could potentially reflect negatively on Sponsor’s image. Sponsor’s decisions regarding eligibility and all other aspects of the Sweepstakes are final and binding subject to applicable laws.
5. PRIVACY
Sponsor collects personal information from you when you enter the Sweepstakes. The information collected is subject to Sponsor’s privacy policy (as may be amended from time to time), which can be found at https://www.prenuvo.com/privacy (“Privacy Policy”). In the event of any conflict between these Official Rules and Sponsor’s Privacy Policy, the terms and conditions of these Official Rules shall prevail. The personal information of Winner may be provided to corporate affiliates of the Sponsor, third parties assisting in the conduct of the Sweepstakes, including with Sweepstakes Entities, and for publicity purposes surrounding the Sweepstakes. If the personal information requested is not provided, you may not participate in the Sweepstakes. By participating in the Sweepstakes, you hereby agree to Sponsor’s collection and usage of your personal information as described and in accordance with the Privacy Policy and acknowledge that you have read and accepted the Privacy Policy.
6. HOW TO ENTER
To enter the Sweepstakes, Entrant must either:
- Follow Prenuvo on Instagram
- Like corresponding Instagram post with Sweepstakes details
- Tag 2 friends
- Share corresponding Instagram post on Instagram story
- Or send an email with “Enter me in the Sweepstakes” with Entrant’s name, email address, and phone number to marketing@prenuvo.com.
Maximum of one (1) entry per person regardless of entry method.
In the event of a dispute as to the identity of a potential winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, the platform, or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses. In the event of ongoing dispute, Sponsor has the right to determine the identity of Entrants in its sole discretion.
7. PRIZE DETAILS
The prizes described below will be distributed after completion of the Entry Period and after determination of Winner by Sponsor (“Prizes”). Prizes cannot be combined with other offers or discount codes. No substitution, assignment or transfer of Prizes is permitted, except by Sponsor, who has the right to substitute Prizes with others of comparable or greater value. Prize awarded is subject to third-party terms and conditions. Sponsor is not responsible for any errors or delays in the processing of Prizes.
Winner: One (1) winner will be selected.
Prize: Winner will receive a FREE Whole Body Scan
8. PRIZE CONDITIONS
Sponsor is not responsible for lost or stolen Prizes. Winner may be responsible for any costs and expenses not listed herein. Prizes may be reported as income to a winner and all federal, state, and local taxes, fees and surcharges and taxes on Prizes are the sole responsibility of the Prize Winner. Please consult a tax professional to discuss your particular situation. Winner may be required to complete required tax forms or other documents requested within the time period stipulated by Sponsor. Sponsor reserves the right to amend or cancel the Sweepstakes for any reason, including if the fairness of the Sweepstakes is compromised. Proof of identity, age and/or legal residence may be required to claim a Prize. Failure to comply with any of the requirements set forth in the Official Rules may result in disqualification or forfeiture of a Prize. There is a limit of one (1) prize per Entrant.
9. WINNER SELECTION AND ANNOUNCEMENT
Sweepstakes winner is selected at random. Odds of winning depend on the number of people participating. Sponsor will randomly select the winner from among all eligible entries received during the Entry Period.
Winner is deemed to be a potential winner pending verification, including without limitation, verification of eligibility, compliance with the terms and conditions of the Sweepstakes, and completion of any required documents as determined by Sponsor, at Sponsor’s sole discretion. Sponsor will not be liable for any potential Prize notification that is lost, intercepted, or not received by any potential winner for any reason. If a potential winner cannot be contacted within five (5) days after the first attempt to contact the winner, Sponsor may select an alternate potential winner from the remaining eligible entries.
In the event of a dispute as to the identity of Entrants or Winner, Sponsor shall make the final determination as to identity. You agree that, as between you and Sponsor, Sponsor has the sole right to decide all matters and disputes arising from the Sweepstakes and that all decisions of Sponsor related to the Sweepstakes are final and binding. Sponsor reserves the right to disqualify and prosecute to the fullest extent permitted by law any Entrant or winner who it suspects has tampered with the Sweepstakes, the entry or participation process, violated the Official Rules, or acted in an unsportsmanlike or disruptive manner.
10. PUBLICITY RELEASE
Each winner may be required to sign an affidavit of eligibility, liability release, and a publicity release that, among other things, will allow Sponsor to use the winner’s name, photograph, likeness, voice, prize information, opinions, and biographical information for publicity and promotional purposes without further compensation where permitted by law. Except where prohibited, participation in the Sweepstakes constitutes your consent to Sponsor’s use of your name, photograph, likeness, voice, prize information, opinions, and biographical information, for promotional purposes in any media without further payment or consideration.
11. REPRESENTATION AND WARRANTIES AND CONDUCT
BY ENTERING AND PARTICIPATING IN THIS SWEEPSTAKES, YOU REPRESENT AND WARRANT THAT: (I) ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH THE SWEEPSTAKES IS TRUE, ACCURATE, AND COMPLETE; (II) YOU HAVE FULL AUTHORITY TO GRANT THE RIGHTS SET FORTH IN THESE OFFICIAL RULES; AND (III) YOU AGREE TO COMPLY WITH ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.
Any attempt by Entrant or any other individual to deliberately damage any internet site or undermine the legitimate operation of the Sweepstakes is a violation of these Official Rules and may violate criminal and civil laws. Should Sponsor believe or become aware that such an attempt has been, is being, or will be made, Sponsor reserves the right to seek remedies and damages from any responsible Entrant(s) and other responsible individual(s) in the attempted damage to the fullest extent permitted by law, including without limitation criminal prosecution.
12. GENERAL RELEASE
YOU HEREBY HOLD SPONSOR, SWEEPSTAKES ENTITIES, AND ANY APPLICABLE SOCIAL MEDIA PLATFORMS AND THEIR AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND SHAREHOLDERS (COLLECTIVELY “RELEASEES”) HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES, PARTICIPATION IN ANY SWEEPSTAKES RELATED ACTIVITY, OR RESULTING DIRECTLY OR INDIRECTLY FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION AND/OR INVASION OF PRIVACY AND THE COLLECTION, USE AND/OR SHARING BY SPONSOR AND SWEEPSTAKES ENTITIES OF PERSONALLY IDENTIFIABLE INFORMATION OF ENTRANTS, OR FOR ANY PRINTING, PRODUCTION, TYPOGRAPHICAL OR HUMAN ERROR.
RELEASEES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN OPERATION OR TRANSMISSION OR ALTERATION OF ENTRIES. RELEASEES ARE NOT RESPONSIBLE FOR ANY PROBLEMS WITH OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY ENTRY TO BE RECEIVED ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, HUMAN ERRORS OF ANY KIND, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ENTRANTS' OR ANY OTHER PERSONS' COMPUTERS, WIRELESS DEVICES OR OTHER EQUIPMENT RELATED TO OR RESULTING FROM PARTICIPATION, UPLOADING OR DOWNLOADING OF ANY MATERIALS RELATED TO THE SWEEPSTAKES, OR IF FOR ANY REASON THE SWEEPSTAKES IS NOT CAPABLE OF BEING CONDUCTED AS PLANNED, INCLUDING BUT NOT LIMITED TO INFECTION BY COMPUTER VIRUSES, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES OR OTHER CAUSES BEYOND THE CONTROL OF RELEASEES.
13. LIMITATION OF LIABILITY
IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ATTORNEYS FEES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATED TO ANY ACCESS TO AND/OR USE OF ANY WEBSITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITE, THE REMOVAL FROM ANY WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR ATTENDANCE OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES.
14. DISQUALIFICATION/FORCE MAJEURE
Sponsor reserves the right, at any time and in its sole discretion, to disqualify and/or deem ineligible to participate in this Sweepstakes, any individual who Sponsor believes to be: (i) tampering with the entry process or the operation of the Sweepstakes or any website, (ii) acting in violation of these Official Rules or Sponsor’s Privacy Policy or other terms, conditions or guidelines; (iii) acting in bad faith, an unsportsmanlike or disruptive manner; (iv) disrupting or undermining the legitimate operation of the Sweepstakes; or (v) annoying, abusing, threatening or harassing any other person. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing the Sweepstakes as contemplated in these Official Rules by any event beyond its control (“Force Majeure Event”), including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, then Sponsor will have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the Winner from all eligible, non-suspect entries received as of the date of the Force Majeure Event giving rise to the termination. Inclusion in such selection process will be each Entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of Prize described in these Official Rules will be awarded.
15. GENERAL CONDITIONS
Sponsor reserves the right to shorten, extend, modify, or cancel the Sweepstakes, in its sole discretion, at any time and without notice, even though such action may affect your ability to win a prize. Sponsor is not responsible for any typographical or other error in printing or description of the Sweepstakes. Entries are void if unreadable, inaccurate, and incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way or
otherwise not in compliance with these Official Rules. Although Sponsor attempts to ensure the integrity of the Sweepstakes, Sponsor and Sweepstakes Entities are not responsible for the actions of Entrants or other individuals in connection with the Sweepstakes, including Entrants’ or other individuals’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In the event of any conflict between any details contained in these Official Rules and details contained in any Sweepstakes advertising materials, the details of the Sweepstakes as set forth in these Official Rules shall prevail.
16. SEVERABILITY
If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference and shall not be deeded to affect in any manner the meaning or intent of these Official Rules or any provision thereof.
17. DISPUTES
Except where prohibited, all disputes relating to the Sweepstakes will be exclusively resolved under confidential binding arbitration held in Los Angeles, CA. All disputes will be resolved in accordance with the Rules of JAMS, applying California law, without regard to conflicts of law principles. You and Sponsor agree to submit to the personal and exclusive jurisdiction of the federal and California state courts in Los Angeles, California] for purposes of enforcing any arbitration award. Notwithstanding the foregoing, Sponsor may seek injunctive or other equitable relief, from a court of competent jurisdiction. You and Sponsor agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and Sponsor agree that any cause of action arising out of or related to the Sweepstakes must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
18. SWEEPSTAKES RESULTS
To request winner’s name or a copy of the Official Rules, send a self-addressed, stamped envelope to Attn: 2727 El Camino Real, Redwood City, CA 94061 or send us an email at marketing@prenuvo.com with the subject “Sweepstakes Winner’s List and Official Rules Request.” Requests must be received within four (4) weeks of the end of the Entry Period.
Vermont residents may omit postage.
19. No Affiliation with Social Media Platforms
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with any social media platforms . The information you provide will only be used as described in these Official Rules and Sponsor’s Privacy Policy.
Enhanced Scan Policy: Missing Report Components and Partial Refunds
At Prenuvo, we are committed to delivering the most comprehensive, accurate, and clinically valuable imaging possible. Our Enhanced Scan combines multiple advanced diagnostic tools—including whole-body imaging, advanced brain health assessment, body composition analysis, and bloodwork—to give you a uniquely deep understanding of your health.
However, in rare cases, a specific portion of the Enhanced Scan report may not be generated successfully. When this happens, it is typically due to a technical issue during the post-processing stage—not a failure of the scan itself. If any part of your report does not pass our rigorous quality control standards, we do not release it, because we want to ensure that every insight you receive is medically reliable and actionable.
Why Might a Portion of My Report Be Missing?
A portion of your Enhanced Scan report may not generate for a few reasons:
- Technical artifacts or model errors during software interpretation of your scan
- Motion artifacts that affect image clarity
- Anatomical variations or medical conditions that interfere with specific analyses (see below for examples)
Examples of impacted components include:
- Body Composition Analysis
- Brain Volume Analysis
What Happens if My Report Is Incomplete?
If a portion of your Enhanced Scan report does not generate:
- We will inform you proactively—either by email or phone—before your consultation.
- You will still receive all other components of your Enhanced Scan, which will be thoroughly reviewed by your clinical provider during your scheduled consultation.
- You may be eligible for a partial refund depending on which component is missing.
- We do not offer a rescan solely for the purpose of re-attempting a failed report component. This is because the issue may not resolve on repeat scanning and our goal is to minimize unnecessary testing.
Medical Conditions That May Impact Report Accuracy
Certain medical conditions or anatomical anomalies may prevent a component of the report from generating accurately.
Body Composition Analysis may be limited in patients with:
- Liver transplant history or advanced liver disease (e.g., hemochromatosis, polycystic liver)
- Muscle-wasting disorders or rare fat/muscle distribution syndromes
- Situs inversus or unusual abdominal anatomy
- Prior joint replacement or conditions impacting large joint anatomy
- Other conditions impacting the liver, spleen, kidney, or other abdominal organs
Brain Volume Analysis may be limited in patients with:
- Prior brain surgery or trauma
- Brain tumors or cysts causing structural distortion
- Advanced neurodegeneration or congenital abnormalities
- Braces or other dental hardware
- Other conditions impacting the brain, head, face, or neck anatomy
Our Terms and Conditions
DO NOT USE THIS SITE IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY. In an emergent situation, please call your regional emergency phone number (such as 911 in North America, 999 in the UK, 112 in most of Europe, or 000 in Australia), contact your doctor, go to the nearest emergency room, or contact your local crisis center.
Among other activities, the Services enable coordination and communication with a health care provider. The Services do not replace your relationship with any physician.
These Terms limit the remedies available to you in the event of certain disputes and contain a mandatory arbitration provision that requires the use of arbitration on an individual basis, and not by a lawsuit. This means that (i) you are giving up, and you waive, the right to have any such dispute decided in a court of law before a jury or a judge (except as set forth expressly in Section 15), and (ii) that you are giving up, and you waive, the ability to pursue any such dispute in a class, consolidated, or representative action or proceeding. Please see sections 12, 13, 14, and 15 for more information.
Introduction
Prenuvo, Inc. (“Prenuvo”, “we”, “our” or “us”) owns and operates the Prenuvo website available at www.prenuvo.com (the “Site”), the Prenuvo mobile application (“App”), and provides the services described in more detail below (together with the Site and App, the “Services”). These Terms of Use (“Terms”) govern your use of the Services and certain other services described in these Terms that are made available through the Services.
PLEASE READ THESE TERMS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.
YOU UNDERSTAND THAT BY CLICKING “I ACCEPT”, “I AGREE”, OR SIMILAR, OR BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS, YOU MAY NOT USE THE SERVICES. THE TERMS ARE SUBJECT TO CHANGE AS PROVIDED IN SECTION 17.
1. Important Notices and Disclaimers
Your Relationship with Prenuvo. PRENUVO IS NOT A HEALTHCARE PROVIDER. Prenuvo provides business and administrative support services to Prenuvo’s affiliated professional entities, including Prenuvo of Golden State, P.C., Prenuvo of Minnesota LLC, Prenuvo Radiology PA, Hercules Study PC, Independent Radiology of New York P.C., and Lisa Prevention LLC (collectively, “Affiliated Practices”) and the licensed providers who provide may provide healthcare services to you through the Affiliated Practices. Always directly contact your regular healthcare provider with any questions regarding your personal health or medical conditions. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the healthcare provider. You understand that by coordinating and consulting with the Affiliated Practices or their healthcare providers through the Services, you are not entering into a provider-patient relationship with Prenuvo.
Except for communications related to your specific health and wellness that you receive from the Affiliated Practices or their healthcare providers, THE INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS CONSULT WITH YOUR PROVIDER OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL REGARDING QUESTIONS YOU HAVE ABOUT ANY MEDICAL CONDITION BEFORE MAKING HEALTH CARE DECISIONS.
THE SERVICES ARE NOT INTENDED FOR USE IN A MEDICAL EMERGENCY. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR LOCAL EMERGENCY CONTACT NUMBER (E.G., 9-1-1) IMMEDIATELY. NEVER DELAY IN SEEKING PROFESSIONAL MEDICAL ADVICE OR DISREGARD SUCH ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE OR APP.
No Insurance Accepted; Notice of Your Financial Responsibility. The Affiliated Practices do not accept commercial health insurance plans, are not in-network with any commercial health insurance plans, and are not enrolled with federal or state healthcare programs, such as Medicare and Medicaid. By choosing to use the Services, you are specifically choosing to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state healthcare program. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a federal health program beneficiary, you agree that neither you, Prenuvo, or the Affiliated Practices will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services. Please also see Section 5 below for additional terms applicable to your payment obligations.
2. Our Services
The Services allow users to (a) coordinate magnetic resonance imaging scans or other imaging, scans, or medical tests for screening and other assessments (“Imaging Services”) at one of our Affiliated Practice locations or third-party imaging locations (“Imaging Locations”), and (b) receive other products or services. For example, the Services may include administrative support in connection with scheduling, communications, and payment for healthcare services you receive from an Affiliated Practice or an Imaging Location (either in-person or virtually)
By using our Services, you assume full responsibility for your use of the Services and agree that we are not responsible or liable for any claim, loss, or damage arising from use of the Services.
3. Privacy
Please read our Privacy Policy, available at http://www.prenuvo.com/privacy, for information on our data collection, use and sharing policies and practices in connection with the Services.
4. Account Registration and Security
Before you are able to use the Services, you may be required to register for a user account. You agree to provide complete, accurate information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date. When you create your account, you will be asked to create a username and password, which you will be solely responsible for safeguarding. You agree not to disclose your username or password to any third party, and you agree to notify us immediately at legal@prenuvo.com if you suspect or become aware of any unauthorized use of your account. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, whether or not you have authorized such activities or actions. We will not be liable for any loss or damage arising from your failure to comply with these requirements. We reserve the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
5. Payment
You agree to pay all fees due for services requested at the fees and pursuant to all payment terms presented to you when engaging in transactions. If you dispute any charges, you must notify Prenuvo in writing within sixty (60) days after the date that Prenuvo charges you. Prenuvo, in its sole discretion, may offer credits or refunds on a case-by-case basis, for example in the event of an error in the amount you were charged.
By providing a credit card or other payment method accepted by us (“Payment Method”), you are expressly agreeing that we are (or our service provider is) authorized to charge the Payment Method for the total amount due, together with any applicable taxes (collectively, as applicable, a “Purchase”). Credit and other payment card transactions are processed by a third-party payment processor, and you agree to comply with the payment terms of such third-party payment processor. Our current third-party payment processor is Stripe. You can review Stripe’s privacy policy at https://stripe.com/privacy.
You understand and agree that you are responsible for all fees due to receive healthcare services, including any fees we collect on behalf of the Affiliated Practices or Imaging Locations that provide services to you in connection with the Services. Any healthcare services not provided by us, an Affiliated Practice, or an Imaging Location may not be included in the payments collected by Prenuvo and you may be separately charged by the applicable health care organization(s) and/or provider(s) for such services.
If the Payment Method cannot be verified, is invalid or is otherwise not acceptable, your Purchase may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Purchase. If a payment is not successfully settled and you do not edit your Payment Method information or cancel your Purchase or account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated.
Third-Party Financing. If you are approved for third-party financing for certain services provided by Affiliated Practices or Imaging Locations, payment processing services for any fees owed by you will be provided by such third-party financing companies, which may include Paybright Inc, Affirm and their affiliates (“Finance Providers”). You will render payment via the applicable Financing Providers and in accordance with the terms and conditions of such Finance Provider’s terms and conditions, which are currently the the Paybright Terms and Conditions located at https://paybright.com/en/terms-conditions and Affirm Terms and Conditions located at https://www.affirm.com/terms. Please contact the applicable Payment Processor for more information. Any fees owed by you in connection with the Services will be processed by the Finance Providers. By agreeing to these Terms of Service or continuing to access or use the Service, you agree to be bound by the Payment Processor Terms as modified by such Payment Processor from time to time.
6. Prohibited uses
You may use the Services only for lawful purposes and in accordance with these Terms.
You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that is offensive, harmful, infringing, obscene, defamatory, abusive, deceptive, untrue, misrepresentative or illegal.
- To transmit, or procure the sending of, any advertising or promotional material.
- To impersonate or attempt to impersonate Prenuvo, a Prenuvo employee, another user or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Prenuvo or users of the Site or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage or impair the Services or interfere with any other party’s use of the Services.
- Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the Content or other material on the Services.
- Use any manual process to monitor or copy any of the Content or material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
7. Ownership and License to Use the Services
Ownership. As between Prenuvo and you, Prenuvo is the sole and exclusive owner of all right, title and interest in and to the Services and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel) (the “Services Content”), and any associated copyrights, patents, or other protected or unprotected intellectual property rights. You are not permitted to reproduce, publish, distribute, modify, reverse engineer, disassemble, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Services or Services Content except as permitted by these Terms or otherwise by Prenuvo expressly in writing. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Services or Services Content shall be owned solely and exclusively by Prenuvo or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Services or Services Content.
Certain names, logos, and other materials displayed in and through the Services may constitute trademarks, trade names, service marks or logos (“Marks”) of Prenuvo or its affiliates, including the Affiliated Practices. You are not authorized to use any such Marks without the express written permission of Prenuvo. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
Your License. Subject to your compliance with these Terms, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Services and Services Content solely for your personal and non-commercial use and only as permitted under these Terms. No other right, title, or interest in or to the Services or Services Content is transferred to you, and all rights not expressly granted are reserved by Prenuvo or its licensors.
8. User Content and Feedback
You represent, warrant, and agree that any data or information you submit on or through the Services, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions/feedback (collectively, “User Content”) does not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal, intellectual property rights or other proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material. You acknowledge, represent, and agree that User Content is submitted voluntarily and is not confidential or proprietary and that User Content does not establish a relationship between you and us.
You hereby grant Prenuvo, our service providers, our successors and assigns, and the Affiliated Practices the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties, including, as applicable and unless prohibited by law, to provide Services to you, market Services to you, conduct research or analyses of such data, operate our business, and design, develop, implement, modify and/or improve current or future features, products, and services. You represent and warrant that you have all the rights necessary to grant the rights in this Section 8 and that our use of User Content does not violate any law. You understand that any User Content you publish in public forums will be viewable and copyable by other users of the forum and potentially the public at large.
9. Consent to electronic communications
By providing us with your email address or telephone number, you consent to receive electronic communications from Prenuvo and the Affiliated Practices and Imaging Locations through the Services or otherwise (e.g., via email, text message, or by posting notices to the Services). These communications may include information from the Affiliated Practices or Imaging Locations, payment authorizations, password changes, and other transactional or administrative information. You agree that any notices, agreements, disclosures or other communications sent through the Services electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
10. Linked Services; Third Party Materials
The Services may provide access to websites, information, products, services and other materials made available by third parties (“Third Party Materials”). We are not responsible for any Third Party Materials (including their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety, or any intellectual property rights contained in them). We do not have any obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) available through the Services at any time. The availability of any Third Party Materials through the Services is not an endorsement of them by Prenuvo, and it does not imply any affiliation with any provider of Third Party Materials. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to the Third Party Materials (like their terms of service or privacy policies).
11. Termination
Prenuvo, in its sole discretion, may terminate or suspend your access to or use of the Services without notice for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity and limitations of liability.
12. No Representations or Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PRENUVO AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION THE AFFILIATED PRACTICES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PRENUVO NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE SERVICES, SERVICES CONTENT, AND USER CONTENT. FURTHERMORE, PRENUVO DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND PRENUVO DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION, OR YOUR RELIANCE ON ANY SUCH CONTENT, MATERIAL, AND/OR INFORMATION.
13. Limitation of Liability
YOU UNDERSTAND THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRENUVO, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER SPECIAL CATEGORY OF DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SERVICES OR ANY SERVICES CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. THIS IS TRUE EVEN IF PRENUVO OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN NO EVENT SHALL PRENUVO OR ITS RELATED PERSONS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE, THE GREATER OF (I) ONE HUNDRED DOLLARS ($100), OR (II) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as in this section. Accordingly, some of these limitations may not apply to you in their entirety. If you are a resident of a U.S. state that permits the exclusion of these warranties and liabilities, then the limitations in this section specifically do apply to you.
14. Indemnification
You agree to defend, indemnify and hold Prenuvo, its affiliates, the Affiliated Practices, its subsidiaries, and all of their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from: (i) your use of the Services, or your use of the Services Content or other materials or features available on the Services, (ii) your User Content, (iii) your fraud, violation of law, negligence, or willful misconduct, or (iv) your breach of these Terms.. Prenuvo reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter.
15. Governing Law; Dispute Resolution; Arbitration; Venue; Severability
IMPORTANT NOTE: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND PRENUVO TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PRENUVO. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PRENUVO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Governing Law. These Terms and your use of the Services shall be governed by the laws of the State of California, without giving effect to the principles of conflict of laws. Subject to the requirement to arbitrate set forth in this Section, exclusive jurisdiction for all disputes that do not require arbitration will be the state and federal courts located in Los Angeles, California, and you consent to the jurisdiction of those courts.
Binding Arbitration Generally. Except as described in the “Exceptions” section below, you and Prenuvo agree that every dispute arising in connection with these Terms, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation, common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory, regardless of whether a claim arises after the termination of these Terms, and regardless of whether a claim arises before or after the effective date of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) file suit in a court of law to address an intellectual property infringement claim; or (c) seek injunctive relief in a court of law in a state or federal court in Los Angeles, California.
Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Prenuvo.
Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Prenuvo’s address for Notice of Arbitration is: 12100 Wilshire Boulevard, Suite 150, Los Angeles CA 90025. A copy of all Notices of Arbitration must also be sent to Prenuvo via email to legal@prenuvo.com. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Prenuvo may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Prenuvo will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if Prenuvo has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and Prenuvo may seek reimbursement for any fees paid to AAA.
Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or Prenuvo must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
Arbitration Relief. Except as provided in the “No Class Actions” section below, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. The arbitrator’s award shall be final and binding on all parties. Judgment on the award may be entered in any court having jurisdiction.
No Class Actions. YOU AND Prenuvo AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Prenuvo agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR Prenuvo WANTS TO ASSERT A DISPUTE AGAINST THE OTHER THAT IS SUBJECT TO ARBITRATION PURSUANT TO THESE TERMS, THEN YOU OR Prenuvo MUST COMMENCE SUCH DISPUTE BY DELIVERY OF A NOTICE OF ARBITRATION WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.
Severability. All parts of these Terms apply to the maximum extent permitted by law. Prenuvo and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
16. Note to International Users
The Services are controlled by Prenuvo, which is located in the United States of America. We make no representation that the Services or Content are appropriate or available for use in locations outside of the United States. Accessing the Services from territories where such content, information or other materials are illegal is prohibited. Those who choose to access these Site from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws.
17. Changes to the Terms and the Services
The Services are continually under development, and Prenuvo reserves the right to review or remove any part of these Terms in its sole discretion at any time and without prior notice to you. You should check the Terms from time to time when you use the Services to determine if any changes have been made. Any changes to these Terms are effective upon posting to the Services, unless applicable law requires us to provide additional notice or take other actions before such changes can become effective. If you disagree with these Terms, your sole and exclusive remedy is to discontinue your use of the Services. Your continued use after a change has been posted constitutes your acceptance of the changes.
You acknowledge and agree that: (1) all or any part of the Services may not be accessible at any time, for any period, or for any reason; and (2) Prenuvo will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. Prenuvo reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Services or any portion thereof, with or without notice. You agree that Prenuvo shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
18. Notice Regarding Apple
This section only applies to the extent you are using the App on an iOS device. You acknowledge that these Terms are between you and Prenuvo only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the Content or any other content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services and/or your possession and use of the Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
19. Notice Regarding Google
The following applies to the extent you acquire the App from the Google Play Store: (i) you acknowledge that these Terms of Service are between you and Prenuvo only, and not with Google, Inc. (“Google”); (ii) your use of the App must comply with Google’s then-current Google Play Terms of Service; (iii) Google is only a provider of Google Play where you obtained the App; (iv) Prenuvo, and not Google, is solely responsible for the App; (v) Google has no obligation or liability to you with respect to the App or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to the App.
20. Miscellaneous Terms
No waiver. No waiver by Prenuvo of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Prenuvo to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
No agency relationship. Neither these Terms, nor any Services Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
Remedies. You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Assignment. You may not assign any of your rights under these Terms, and any such attempt will be null and void. Prenuvo and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of the business of Prenuvo is transferred to another entity by way of merger, sale of its assets, or otherwise.
Notice for California Users. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This release includes the criminal acts of others.
Notice for New York and New Jersey Users: Patients residing in New York and New Jersey have the right under their respective state patient billing laws to request an itemized price list from Prenuvo for their laboratory tests.
Headings. The heading references herein are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This is the entire agreement between you and Prenuvo relating to the subject matter herein and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with Prenuvo.
21. Telehealth Consent
I understand that Telehealth is a mode of delivering health care services via communication technologies (e.g., internet or cellphone) to facilitate diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care.
By acknowledging my consent below, I understand and agree to the following:
- I understand that Vital and affiliate Openloop Healthcare Partners, PC offer Telehealth consultations, which are conducted through videoconferencing, telephonic, and asynchronous technology and my Telehealth provider will not be present in the room with me.
- I understand there are potential risks to the use of Telehealth technology, including but not limited to, interruptions, delays, unauthorized access, and or other technical difficulties. I understand that either my Telehealth provider or I can discontinue the Telehealth appointment if the technical connections are not adequate for my visit.
- I understand that I could seek an in-office visit rather than obtain care from a Telehealth provider, and I am choosing to participate in a Telehealth consultation with Vital, an affiliate of Openloop Healthcare Partners, PC, Openloop Healthcare Partners, PC, Openloop Healthcare Partners California, PC, Openloop Healthcare Partners Colorado, PC, Openloop Healthcare Partners New Jersey, PC, Openloop Healthcare Partners Wisconsin SC, Reliant.MD Medical Associates, PLLC, Reliant.MD Medical Associates California, PC, Reliant.MD Medical Associates Colorado, PC, Reliant.MD Medical Associates New Jersey, PC, Reliant.MD Medical Associates Wisconsin, SC, MECNB Physician Services, PC, MECNB Physician Services California, PC, MECNB Physician Services Colorado, PC, MECNB Physician Services New Jersey, PC, and MECNB Physician Services, SC.
- To protect the confidentiality of my health information, I agree to undertake my Telehealth consultation in a private location, and I understand that my Telehealth provider will similarly be in a private location.
- I understand that I am responsible for payment of any amounts due and owing resulting from my Telehealth visit.
22. Contact
If you have questions or comments about these Terms, please contact us by sending correspondence to 2727 El Camino Real, Redwood City, California, USA, 90025 or send us an email at legal@prenuvo.com.
Last Updated: 14 Feb 2025
Prenuvo Referral Program Terms and Conditions
These terms and conditions (“Terms”) apply to Prenuvo’s Share Health Program (“ Program”) offered by Prenuvo, Inc. and its affiliated professional entities (together, “Prenuvo”). Both existing patients of Prenuvo (“Existing Patients”) and new patients of Prenuvo (“Recipients”) agree to these Terms by participating in the Program.
1. Program Eligibility
Existing Patients: Must be an Existing Patient that has received a scan at an eligible Prenuvo clinic location, on or after January 1st, 2024.
Recipients: Must be at least 18 years of age or older or have reached the age of majority in their jurisdiction of residence as of the date of referral and be a new patient that has never scheduled and/or received a whole-body, enhanced screening, or priority access scan (collectively “Services”)at an eligible Prenuvo clinic location.
Eligibility Limitations: The Prenuvo Hercules Research Center located in Boston, MA is excluded from the Program and enrollees that have received Services at Prenuvo Hercules Research Center will not be eligible for participation in the Program. Employees, contractors, consultants, officers, directors, and agents of Prenuvo are not eligible to participate in the Program. Influencers, medical providers with special pricing, and enterprise clients are not eligible to participate in the Program.
2. How the Program Works
Upon completion of their scan, Existing Patients will receive a unique referral code or link to provide to Recipients. The unique referral code or link must be used at the time a Recipient schedules and pays for Services at an eligible Prenuvo clinic location. If eligible, the Recipient will receive $300 off their Service(s). After the Recipient completes their Service(s) that was scheduled using the referral code or link, the Existing Patient will receive a $200 credit to their account. If a Recipient’s Service(s) is cancelled or refunded for any reason, the Existing Patient will not receive a credit to their account.
An Existing Patient may only earn one $200 credit for each referral. An Existing Patient cannot earn more than one $200 credit for the same Recipient nor refer themselves to the Program using multiple accounts. The maximum amount of credits that an Existing Patient may earn within a fourteen (14) month period is $5,000.
3. Referral Credit Usage, Expiration & Limitations
Credits may be used by Existing Patients for future Services at eligible Prenuvo clinic locations and can be redeemed in full or applied for partial use. Credits may only be used by Existing Patients for future whole-body, enhanced screening, or priority access scans (collectively “Services”). Referral credits may only be applied to the account of the Existing Patient and for Services for the Existing Patient. Credits cannot be sold, assigned, or transferred to third parties. Credits expire fourteen (14) months from the date they are issued and cannot be reinstated. Existing Patients must schedule and complete their future Services, at an eligible Prenuvo clinic location, before their credits expire.
Credits cannot be redeemed for cash, gift cards, or any other monetary value. Credits used by Existing Patients cannot be combined with any other discount codes, including but not limited to, influencer discount codes, physician referral codes, enterprise pricing, strategic partnership pricing, or any other applicable discount program.
4. Program Disqualification
Prenuvo reserves the right, at any time and in its sole discretion, to disqualify and/or deem ineligible to participate in the Program any individual who Prenuvo believes to be: (i) acting in violation of these Terms; (ii) engaging in fraud or abuse of the Program and/or referral credit usage; or (iii) exhibiting inappropriate or suspicious behavior.
5. Termination and Modification of Program and Terms
Prenuvo may at any time and in its sole discretion suspend, terminate, or modify the Program or modify these Program Terms upon notice, which notice may be provided through prenuvo.com/terms-share-health, email, or such other methods as determined by Prenuvo. In the event there is any suspension or termination of the Program, an Existing Patient’s existing credits may remain valid or may be subject to a limited grace period, at Prenuvo’s sole direction.
6. Compliance
This Program is intended to comply with applicable healthcare and privacy laws. Prenuvo will not disclose patient identities to other patients. Any application of credits will be processed without disclosing the specific patient or patient health information.
7. General Release
By participating in this Program, Existing Patients and Recipients agree to release and hold harmless Prenuvo and Prenuvo affiliated professional entities and their respective affiliates, agents, directors, officers, employees, shareholders and representatives a (collectively “Releasees”) from and against any and all claims, demands, losses, causes of action, damages, lawsuits, judgments, including attorneys’ fees, arising out of or relating to the Program.
8. Limitation of Liability
To the fullest extent permitted by law, under no circumstances shall the Releasees be liable to any Existing Patients or Recipients or any third party for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or related to the Program.
9. No Warranties
Except as otherwise provided herein, Prenuvo disclaims any and all representations and express and implied warranties in relation to the Program, including without limitation warranties of merchantability, noninfringement and fitness for a particular purpose.
10. Governing Law
These Terms and any action related will be governed, controlled, and interpreted by and under the laws of the State of California, without giving effect to any conflicts of laws principles. Any disputes under these Terms may be brought in the state courts and the Federal courts for the county in which Prenuvo’s principal place of business is located.
11. Contact
If you have questions or comments about these Terms, please contact us by sending correspondence to 2727 El Camino Real, California, USA, 90025 or send us an email at legal@prenuvo.com.
Last Updated: 1 March 2025
Applicant and Candidate Privacy Policy
Last Updated: 14 Apr 2025
The purpose of this Applicant and Candidate Privacy Policy (“Policy”) is to provide you with information on the categories of Personal Information that are collected by Prenuvo, Inc. and its affiliates, including Prenuvo Pty Ltd collectively referred to as “Prenuvo”, “us,” “we,” or “our”, regarding the employment related Personal Information we collect and use from job applicants (“Applicants”). This policy was created to align with the Australian Privacy Act 1988 (Cth).
This Policy explains:
- What information we collect during our application and recruitment process, where we collect it from, and why we collect it;
- How we use that information; and
- How to access and update that information.
We may change this Policy from time to time. We will post any changes to this Policy on this page and update the “Last Updated” date to reflect when the most recent changes were published.
Sources of Personal Information
We collect your Personal Information:
- Directly from you during the course of your relationship with us as an Applicant, including Personal Information automatically created when you use our technology systems;
- From third parties, such as former employers, background check companies, drug testing facilities (if you are required to submit to a drug test as a condition of your employment), government entities, references supplied by former employers, other recommendation lists;
- From public websites, such as LinkedIn; and
- If you contact us we may keep a record of that correspondence.
Types of Information We Collect
This Policy covers the information you share with us and/or which may be acquired or produced by Prenuvo during the application or recruitment process including:
- Identifiers and Similar Information. Such as your name, phone number, address, and other contact information; username and password; and unique identifiers tied to the browser, application, or device you’re using.
- Professional, Employment, and Education Information. Such as your resume or CV, cover letter, previous and/or relevant work experience or other experience, education, transcripts, or other information you provide to us in support of an application and/or the application and recruitment process. This may include information relating to any previous applications you may have made to Prenuvo and/or any previous employment history with Prenuvo.
- Audio, Electronic, Visual, and Similar Information. Such as emails that you may send or receive in connection with the application or recruitment process. This may include video interviews or phone screenings you may have, if any.
- Demographic Information. Such as your age, gender, and language(s) spoken. If you choose, you may also provide additional information, like your racial or ethnic origin, religious or philosophical beliefs, trade union membership, sexual orientation, or gender identity. Please note, providing information about your racial or ethnic origin, religious or philosophical beliefs, or other sensitive details is entirely optional. We only collect this information if you choose to provide it, and we will collect this information only to the extent you choose to provide it in your application, as part of the equal opportunity forms you may be asked to fill out if you are hired, as part of your voluntary disclosure, or as may be provided by a reference or other third party during reference and background checks.
- Employment Expectations. Including details of the type of employment you are or may be looking for, current and/or desired salary, and other terms relating to compensation and benefits packages, willingness to relocate, or other job preferences.
- Health Information. If you choose to provide it, in connection with the application or recruitment process, such as data you may provide in connection with an accommodations request.
- Reference or Background Checks. Such as information we collect through reference checks, criminal and financial background checks (where applicable), and information from publicly available sources, including online, that may be relevant. It is your responsibility to obtain consent from referees before providing their personal information to Prenuvo.
- Other information you create or provide. Such as assessments or other information or content you create, upload, or otherwise provide in connection with the application and recruitment process.
- Geolocation Data. Including as determined by IP address, depending in part on your device and account settings.
- Inferences. Drawn from the information above.
How We Use Information We Collect
Your information will be used by Prenuvo for the purposes of carrying out its application and recruitment process which includes:
- Administrative Purposes. Prenuvo uses and may disclose information for purposes related to carrying out its application and recruitment process, including for assessing candidates; verifying information and conducting reference checks, and criminal and financial background checks (where applicable); communicating with you; responding to requests for assistance with obtaining an immigration visa or work permit (where required); diversity, equity, inclusion and belonging; and other related activities.
- Auditing and Measurement. Prenuvo uses information for analytics and measurement to understand use of Prenuvo accounts, systems, and services. This may include creating and/or submitting reports as required under any local laws and/or regulations, where applicable.
- Equal Opportunity. As part of our commitment to equal opportunity employment, we may process information regarding your membership in various organizations to support our diversity and inclusion efforts. This may include associating participant membership with sensitive and/or demographic information.
- Research and Development. Prenuvo uses information to improve our application and recruitment process, including improving diversity in recruitment practices.
- Maintaining Our Services. Prenuvo uses information to ensure our equipment, accounts, systems, and services are working as intended, such as tracking outages or troubleshooting bugs and other issues.
- Legal Reasons. Prenuvo also uses information to satisfy applicable laws or regulations, and discloses information in response to legal processes or enforceable government requests, including to law enforcement.
- Protecting Against Security Threats, Abuse, Illegal Activity, and Violations. Prenuvo uses and may disclose information to detect, prevent, and respond to security incidents, and for protecting against other malicious, deceptive, fraudulent, or illegal activity. For example, to protect our services, Prenuvo may receive or disclose information about IP addresses that malicious actors have compromised. We may also use your information to protect the rights and property of Prenuvo, our users, applicants, candidates, employees or the public as required or permitted by law.
If you are offered and accept employment with Prenuvo, the information collected during the application and recruitment process will become part of your employment record.
Who May Have, or Be Granted Access, to Your Information
- Your information may be shared with our affiliates, subsidiaries or joint ventures in the US, Canada and in other jurisdictions, in relation to the purposes described above. If you have been referred for a job at Prenuvo by a current Prenuvo employee, with your consent, we may inform that employee about the progress of your application and let the Prenuvo employee know the outcome of the process. In some cases, if it is identified that you have attended the same university/school or shared the same previous employer during the same period as a current Prenuvo employee we may consult with that employee for feedback on you.
- Prenuvo may also use service providers acting on Prenuvo's behalf based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures, to perform some of the services described above including for the purposes of the verification/background checks. These service providers may be located outside the country in which you live or the country where the position you have applied for is located.
- Prenuvo may sometimes be required to disclose your information to external third parties such as to federal, state, territorial and/or local labour authorities, courts and tribunals, regulatory bodies and/or law enforcement agencies for the purpose of complying with applicable laws and regulations, or in response to legal process.
- We will also share your personal information with other third parties if we have your consent (for example if you have given us permission to contact your referees), or to detect, prevent or otherwise address fraud, security or technical issues, or to protect against harm to the rights, property or safety of Prenuvo, our users, applicants, candidates, employees or the public or as otherwise required by law.
- Prenuvo operates globally, which means your information may be stored and processed outside of the country or region where it was originally collected including in the United States and Canada. In some of these countries, you may have fewer rights in respect of your information than you do in your country of residence. Regardless of where your information is processed, we apply the same protections described in this Policy.
Prenuvo takes appropriate steps to protect information about you that is collected, processed, and stored as part of the application and recruitment process.
Personal Information of Children
We do not knowingly collect or use the Personal Information of children under 15 as part of our recruiting process. If you believe that we have collected the Personal Information of a child under 15 as part of our recruiting process, please contact us through one of the methods listed in the section on Exercising Your Privacy Rights, in the Privacy Policy located at https://prenuvo.com/au/privacy.
Security and Retention of Your Personal Information
We maintain reasonable security procedures and technical and organizational measures to protect your Personal Information against accidental or unlawful destruction, loss, disclosure or use. However, no data transmission over the Internet can be guaranteed to be fully secure. We recommend that you take reasonable precautions to protect the Personal Information you send and receive from us.
If you apply for a job at Prenuvo and your application is unsuccessful (or you withdraw from the process or decline our offer), Prenuvo will retain your information for a period after your application. We retain this information for various reasons, including in case we face a legal challenge in respect of a recruitment decision, to consider you for other current or future jobs at Prenuvo and to help us better understand, analyze and improve our recruitment processes.
If you do not want us to retain your information for consideration for other roles, or want us to update it, please email us at people@prenuvo.com or see the section on Exercising Your Privacy Rights, in the Privacy Policy located https://prenuvo.com/au/privacy. Please note, however, that we may retain some information if required by law or as necessary to protect ourselves from legal claims.
Your Rights Regarding Your Personal Information
Please see the Prenuvo Privacy Policy at https://prenuvo.com/au/privacy for information regarding the rights that may apply to you and how to make a request to exercise applicable rights.
Contact Information
If you have questions regarding this Policy, please contact us using the request form located here, or email us at: privacy@prenuvo.com.
For any other questions, please send an email to people@prenuvo.com or phone us at (02) 5119 4353.
Cookies and Tracking Technologies Notice
Last Updated: 21 Feb 2025
Prenuvo and our affiliates, third parties, and other partners use cookies and other identification technologies on our websites, mobile applications, email communications, advertisements, and other online services (collectively, the ‘Digital Properties’ or ‘Services’) for a number of purposes, including: authenticating users, remembering user preferences and settings, determining the popularity of content, delivering and measuring the effectiveness of advertising campaigns, analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our Services.
This Cookies and Tracking Technologies Notice may be updated from time to time. If we make any changes, we will notify you by revising the "Last Updated" date at the top of this notice.
Cookies and Related Technologies Overview
Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements that are used to remember your browser or device during and across website visits. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on return visits to our Services.
We also use other technologies that may identify you or the devices you use. For example, ‘pixel tags’ (also called beacons) are small blocks of code installed on (or called by) a webpage, app, or advertisement which can retrieve certain information about your device and browser, including, for example: device type, operating system, browser type and version, website visited, time of visit, referring website, IP address, advertising identifiers, and other similar information, including the small text file (the cookie) that uniquely identifies the device.
Pixels provide the means by which third-parties can set and read browser cookies from a domain that they do not themselves operate and collect information about visitors to that domain, typically with the permission of the domain owner. ‘Local storage’ refers generally to other places on a browser or device where information can be stored by websites, ads, or third-parties (such as HTML5 local storage and browser cache). ‘Software Development Kits’ (also called SDKs) function like pixels and cookies, but operate in a mobile app where pixels and cookies cannot always function. The primary app developer can install pieces of code (the SDK) from partners in the app, allowing the partner to collect certain information about your interaction with the app and information about the user device and network information.
We may use session replay tools, which record your interactions with our Digital Properties, such as how you move throughout our Digital Properties and engage with our webforms. In addition to the uses described below, this information helps us improve our Digital Properties and identify and fix technical issues visitors may be having with our Digital Properties or Services.
Types Technologies Used and Why
The following section sets out the different categories of cookies and other similar technologies that our Services use and why we use them.
- Strictly Necessary. These cookies and other technologies are essential in order to enable the Services to provide the feature you have requested, such as remembering you have logged in and to help us improve the security of our Digital Properties, such helping to prevent fraud and other malicious behavior.
- Functional. These cookies and similar technologies remember choices you make such as language or search parameters. We use these cookies to provide you with an experience more appropriate with your selections and to make your use of the Services more tailored.
- Performance or Analytics. These cookies and similar technologies collect information on how users interact with the Services and enable us to improve how the Services operate. For example, we use Google Analytics and Microsoft Clarity to help us understand how visitors arrive at and browse our products and website to identify areas for improvement such as navigation, user experience, and marketing campaigns.
- Targeting or Advertising. These cookies collect information about your browsing habits in order to make advertising relevant to you and your interests. They remember the websites you have visited and that information is shared with other parties such as advertising technology service providers and advertisers and are used to help us with advertising and content personalization on our Digital Properties and those of third parties; tracking activity over time and across properties to develop a profile of your interests and advertise to you based on those interests (“interest-based advertising”); providing you with offers and online content that may be of interest to you; and measuring the effectiveness of advertising campaigns and our communications with you, including identifying how and when you engage with one of our emails.
- Social media cookies. These cookies are used when you share information using a social media sharing button or “like” button on our websites or you link your account or engage with our content on or through a social media site. The social network will record that you have done this. This information may be linked to targeting/advertising activities.
Types of Information Collected
These tracking technologies collect data about you and your device, such as your IP address, location (both approximate and precise) cookie ID, device ID, Ad ID, operating system, browser used, browser history, search history, and information about how you interact with our Digital Properties (such as pages on our Digital Properties that you have viewed).
Disclosing of Your Information
We may disclose information to third parties or allow third parties to directly collect information using these technologies on our Digital Properties, such as social media companies, advertising networks, companies that provide analytics including ad tracking and reporting, security providers, and others that help us operate our business and Digital Properties.
Managing Cookies
Cookies are an important part of how our Services and Digital Properties work, so you should be aware that if you choose to refuse or remove cookies, this could affect the availability and functionality of the Services we provide. When you visit our Digital Properties for the first time, or if you block or remove cookies stored within your browser, you will be presented with a banner that will allow you to choose what types of cookies you allow while on our Digital Properties. This banner will allow you to either consent (opt in) or withdraw consent (opt out) of certain types of cookies depending on where you live or access our Digital Properties from. This includes opting out of the sale of your information for monetary or other valuable consideration and of “sharing” your Personal Information for the purposes of cross-context behavioral advertising. The exception to this are Strictly Necessary that are needed to ensure our Digital Properties and Services work as intended. This can be done by adjusting your cookie preferences via our Cookie Banner through the options provided and you can change your preferences at any time using the Cookie icon in the lower left hand corner of your screen and selecting the categories of cookies that you do, or do not consent to being used.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please refer to your browser’s Help instructions to learn more about how to manage cookies and other tracking technologies. Please note that if you change computers, devices, or browsers; use multiple computers, devices, or browsers; or delete your cookies, you may need to repeat this process for each computer, device, or browser. Opting out of interest-based advertising will not opt you out of all advertising, but rather only interest-based advertising from us or our agents or representatives. If you refuse or delete cookies, some of our Digital Properties’ functionality may not work as expected or intended.
You may also be able to adjust the settings of your device so that information about your physical location is not sent to us or third parties by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information. We will not share data obtained through our Transactional or Marketing text message programs, including your phone number or location information, with third parties for their marketing purposes.
Some regional laws, such as the CCPA in California, prohibit third-parties from reselling Personal Information unless you have received explicit notice and an opportunity to opt-out of further sales. Unless you do not consent, or withdraw consent to the “sale” of your information, we may “sell” your Personal Information to the following third-parties and others for monetary or other valuable consideration who may resell that information. To opt-out of these sales, please visit that third-party’s opt-out notice at the link provided below. Please note that if you reside in certain regions including countries within the European Economic Area and Quebec, Canada you must consent to sharing of your Personal Information before we can disclose your Personal Information to third parties that may resell the provided information for these purposes. These third party services may include:
- Google Analytics. We use Google Analytics. Google Analytics is a web analytics service offered by Google LLC (“Google”) that tracks and reports Site traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://policies.google.com/privacy. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: http://tools.google.com/dlpage/gaoptout.
- Microsoft Clarity. We use Microsoft Clarity on our marketing website to capture how users interact with this site through behavioral metrics, heatmaps, and session replay to improve our products and services. Website usage data is captured using first and third-party cookies and other tracking technologies to help us improve our website. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement located at https://privacy.microsoft.com/privacystatement.
- Other Third-Party Cookies. You can disable cookies from third parties by using your browser settings or, if available, directly opting-out of cookie collection with the third-party cookie service provider via their website. The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. Some of the third parties we work with participate with the Digital Advertising Alliance (“DAA”) and Network Advertising Initiative (“NAI”). The DAA and NAI provide mechanisms for you to opt out of interest-based advertising performed by participating members at http://www.aboutads.info/choices/ and https://optout.networkadvertising.org/. We adhere to the DAA’s Self-Regulatory Principles for Online Behavioral Advertising. You may also click on the “AboutAds” icon on a Company advertisement and follow the instructions on how to opt out. You can also learn more about targeted advertising and consumer choice and privacy at the following websites Facebook, Google Ads. To help control or block certain ads in mobile applications, you may choose to download the DAA mobile app to activate control and block features.
For further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, you can visit https://www.youradchoices.com.
For mobile users, you have controls in your device Operating System that enables you to choose whether to allow cookies, or share your advertising ID with companies like ours or our advertising service providers. For information on controlling your mobile choices, you can visit https://www.networkadvertising.org/mobile-choices.
Browser and Device Privacy Control Signals
Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. Wherever possible we respect "Do Not Track" or similar signals. To find out more about "Do Not Track," please visit www.allaboutdnt.com. This is separate from any response to opt-out signals such as Global Privacy Control (GPC) (for more information on how to configure your browser to send this signal, please see https://globalprivacycontrol.org/ ) that are also respected wherever possible. Please note that we do not currently “sell”, as defined by the California Consumer Privacy Act and other regional laws, any personal information subject to the Prenuvo Privacy Notice, and we do not exchange information for any type of financial incentive. Information shared with our advertisers is not considered personal information, as the data exchanged would not lead to the identification of you as an individual (i.e., at minimum it is de-identified).
When we receive one of these privacy control signals, we may process it in a frictionless manner, which prohibits us from: (a) charging you a fee or requiring any valuable consideration; or (b) changing your experience with our products and services. We will also display a notification in our Cookie Banner to indicate your choice to opt-out of the “sale” or “sharing” of your personal information and we will opt you out of any further “sale” or “sharing” of your Personal Information when you interact with our Digital Properties through that browser and on that device. You may configure the privacy control signal to operate in a frictionless manner by consulting the documentation for your browser or plug-in that provides the privacy control signal. In the event you have opted-in to our “sale” and “sharing” of your Personal Information as described above and we receive a privacy control signal from your browser, we will request further instructions from you before you are opted out of any further “sale” or “sharing".
Contact Information
If you have questions regarding this Notice, please contact us using the request form located here, or email us at: privacy@prenuvo.com.
For any other questions, please send an email to hello@prenuvo.com or phone us at 1-833-773-6886.