TERMS & CONDITIONS OF SALE

1. About The Terms

1. These Terms and Conditions (“Terms”) govern:
   
   • the purchase and use of a Membership digital subscription granting access to the Platform (each term as defined below); and
   • the purchase and use of Services (as defined below); ;and
   • your use of the Platform generally, in each case provided and/or supplied by OtoImmune Ltd (“OtoImmune”, “we”, “us”, or “our”) to consumers (“you”) located within Great Britain (excluding Northern Ireland). These Terms should be read in conjunction with our Website Terms and Conditions and Privacy Notice.

2. By purchasing a Membership, placing an order for any Services or by accessing or using any part of the Platform (as defined below) you agree to be bound by these Terms. If you do not agree, you must not purchase a Membership, order any Services, or use the Platform.
3. For the purposes of these Terms:
   
   • the website www.moihealth.com is referred to herein as the “Website”;
   • our web-app is hereafter referred to as the “Web App”;
   • the mOI mobile app is referred to herein as the “App”;
   • the Website, Web App and the App are collectively referred to as the “Platform”;
   • “Membership” means a digital subscription purchased by you that grants access to the Platform and its features. Please note that a Membership constitutes a digital service for the purposes of the Consumer Rights Act 2015 and is distinct from the Services. The terms applicable to Membership, including formation, billing, renewal, cancellation and your associated consumer rights, are set out in the Prices, Payments and Subscriptions clause and the Cancellation, Cooling Off Period and Refunds clause below; and
   • “Services” shall encompass but not be limited to the following (but shall for the avoidance of doubt exclude Memberships):
     
     1. the supply, delivery and the provision of the return of sample collection kits and associated materials (“Test Kits”);
     2. the arrangement and carrying out of phlebotomy and blood test appointments, either in home or at a clinic;
     3. the arrangement of laboratory analysis of your biological samples pursuant to orders made and which are submitted to our appointed laboratory partners;
     4. the provision of digital test results, biomarker data and values, interpretive summaries, pattern insights, visualisations and contextual health information through the Platform; and
     5. any ancillary, optional, or future services described on any part(s) of the Platform.
4. The Platform comprises three distinct interfaces: the Website, the Web App (accessible via the Website), and the App (available as at the date of the Terms on iOS and Android). Account creation, Membership purchase, test ordering and payment are all completed via the Web App. The App provides access to, amongst other things, health tracking, AI-generated insights, results and other Platform features following account creation and Membership activation. Certain features — including account management and purchasing — may redirect you from the App to the Web App to complete.
5. A Membership provides you with access to our various digital services during your active Membership period, such as:
   
   1. health tracking modules, including symptom, treatment, appointment, cycle, family history and lifestyle logging;
   2. wearable device integration (where supported);
   3. AI-generated insights and discoveries produced by our Oto AI insights engine, based on data you input into the Platform;
   4. access to your health test results and associated interpretive summaries (where Services have been purchased);
   5. access to resources, educational content and any other features made available on the Platform from time to time;
   6. access to our support ticket system via support@moihealth.com, through which queries relating to your Membership, account and orders will be triaged and responded to by the appropriate member of our team.
6. The features listed above are not exhaustive. In addition, the features available as part of Membership may evolve over time. We will notify you of any material reduction in Membership features in accordance with the terms revision provisions of these Terms. The addition of new features or functionality to Membership will not constitute a material change requiring prior notice.
7. Membership does not include the cost of any Services (including Test Kits, phlebotomy appointments or laboratory analysis), which are charged separately on an order-by-order basis. 
8. We recommend that you print or save a copy of these Terms for your records. 
9. We may revise these Terms from time to time at our discretion from time to time without your consent, approval and/or prior (or post) notification. Please check this page periodically. If you do not agree with any updated Terms, you must immediately stop purchasing from us any products and/or services. Your continued use of the Platform or purchase of Services after the expiry of that notice period will constitute your acceptance of the revised Terms.

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2. About Us

1. OtoImmune Ltd (company number 15799123) is a private company limited by shares and registered in England and Wales. Our registered office is located at: 20 Wenlock Road, London, N1 7GU, United Kingdom.
2. ‘mOI’ and ‘mOI Health’ are trading names of OtoImmune for the provision of products and services, including those provided via the Platform.
3. OtoImmune is a precision immunology company focused on providing access to next generation testing and support services (including through the Platform) to those interested and/or concerned about their immune health (or aspects of it). Our services allow you to order a variety of tests that we believe are strongly relevant to immune health and, once processed by us and our partners, to obtain, view and download the results of these via the Platform, to use as you wish.
4. Over time we intend to expand our service offering – if you wish to keep up to date with our developments, please do sign up for our newsletter and marketing materials either via the Platform or by emailing us at updates@moihealth.com. 
5. We operate a dedicated support system to ensure your queries are handled efficiently and by the right member of our team. The following contact details apply depending on the nature of your query:
   
   • general enquiries and questions about our products and services should be made to: hello@moihealth.com; 
   • support queries relating to your Membership, account, orders and or any other aspect of the Platform should be made to: support@moihealth.com. Emails to this address will automatically generate a support case on our customer management system, which will be triaged and assigned to the appropriate member of our team. We will use reasonable endeavours to respond to all support cases within 48 hours of receipt, excluding weekends and UK public holidays. Response times may vary depending on the complexity and volume of queries received;
   • data protection queries and requests to exercise your data subject rights should be sent to dataprotection@moihealth.com; and
   • marketing and press enquiries should be sent to updates@moihealth.com.
6. We recommend using the support address noted above for all Platform and order-related queries to ensure the fastest possible response. Where these Terms require you to notify us of something — including cancellation, account closure or complaints — the appropriate contact address is specified in the relevant clause. Notices sent to an incorrect address may result in delay or no response and accordingly, we cannot guarantee response times for queries sent to an address other than the one specified for that purpose

3. Eligibility and Contract Formation

1. You may only place an order for Services with us if you:
   
   • are at least 18 years of age;
   • are a resident of England, Scotland or Wales;
   • have capacity to enter into legally binding contracts and can provide valid payment details (which are held in your own name); and
   • are purchasing for personal, non-commercial use. 
2. To access the Platform and purchase any Services, you must first create a user account via the Website and purchase an active Membership. You confirm that the information you provide as part of that account creation process is complete, accurate and kept up to date.
3. The eligibility criteria set out above apply equally to the purchase of a Membership. In addition: 
   
   • only one active Membership may be held per person at any time; 
   • Membership is personal to you and may not be shared, transferred or used by any other person; and
   • we reserve the right to suspend or terminate a Membership where we reasonably believe it is being used by or on behalf of more than one individual.
4. You confirm that you are at least 18 years of age. If you are under 18 years of age you must not create an account, purchase a Membership or order any Services. We reserve the right to suspend or terminate any account where we reasonably believe the account holder is under 18 years of age, and no refund will be due where termination occurs as a result of misrepresentation of age.
5. You confirm that you are a resident of England, Scotland or Wales at the time of purchasing a Membership and placing any order for Services. If your residency changes such that you are no longer resident in England, Scotland or Wales, you must notify us promptly at support@moihealth.com. We reserve the right to suspend or terminate your Membership and cancel any outstanding Service contracts where you are or become resident outside of England, Scotland or Wales, and refunds in such circumstances will be handled in accordance with the Cancellation, Cooling Off Period and Refunds clause of these Terms.
6. You are responsible for maintaining the confidentiality of your account login credentials and for all activity that occurs under your account. You must notify us immediately at support@moihealth.com if you become aware of any unauthorised use of your account or any breach of security. We will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your login credentials or from any unauthorised access to your account that results from your failure to do so.
7. If any information provided by you in connection with your account or any order is found to be inaccurate, incomplete or misleading, we reserve the right to suspend your account and/or cancel any outstanding Service contracts. Where a Service cannot be completed due to inaccurate information provided by you — including but not limited to an incorrect delivery address or failure to disclose relevant health information requested by us — no refund will be due in respect of that Service.
8. If you are a healthcare professional, you acknowledge that in purchasing a Membership and using the Platform under these Terms, you are doing so as an individual consumer and not in your professional capacity. The Services and Membership are not intended for professional clinical use. If you wish to use our Services or Platform in a clinical or professional context, please contact us at hello@moihealth.com.
9. You confirm that you have full legal capacity to enter into legally binding contracts at the time of purchasing a Membership or placing any order for Services.
10. The Platform is designed for use by you in relation to your own personal health data only. You must not use your Membership or the Platform to input, track or manage the health data of any other individual, including family members or persons for whom you act as a caregiver, unless we have explicitly provided a feature or functionality designed for that purpose and you have obtained all necessary consents from the relevant individual in accordance with applicable data protection law. If you have queries about using the Platform in a caregiving context, please contact us at support@moihealth.com.
11. Two distinct contracts are formed between you and us under these Terms:
    
    • Membership Contract: a binding Membership contract is formed upon the earlier of when we confirm activation of your Membership by email following successful payment of the applicable Membership fee or accessing the Web App or the App. The Membership contract governs your access to the Platform and its features, and your ability to order Services during your Membership period; and
    • Service Contracts: a separate and independent binding contract is formed for each individual order of Services (including Test Kits) placed by you via the Platform. Each Service contract is formed when we send you an order confirmation email following successful payment for that order. Each Service contract requires an active Membership at the time of ordering but subsists independently of your Membership — meaning that cancellation or lapse of your Membership after a Service contract has been formed will not automatically cancel that Service contract, and any outstanding Services will continue to be fulfilled in accordance with these Terms.
12. We recommend you retain all order confirmation emails as records of each contract formed between you and us.

4. Description of Services and Third Party Providers

1. We arrange for the analysis of your biological samples through specialist third-party laboratories selected by us.
2. We also engage third-party providers to support our Services, including for:
   
   • fulfilment and packaging of Test Kits;
   • phlebotomy services;
   • courier or postal services;
   • cloud hosting and data storage (e.g., Amazon Web Services); and
   • customer relationship and communications management (for example, Salesforce as our customer relationship management system provider).
3. While the Services are coordinated and supplied by OtoImmune, each third-party provider remains independently responsible for the portion of the Services they perform.
4. We do not provide medical diagnosis, clinical interpretation, treatment recommendation or healthcare services.

5. User Medical Disclaimer

1. The Services provided may include services such as reporting on biomarker values, immune activity indicators, inflammaging, pattern analysis, trend summaries and interpretive insights.
2. These outputs may relate to physiological or immune function parameters that can be associated with certain health conditions, including autoimmune and autoinflammatory conditions.
3. Notwithstanding the above, the Services are not intended, and must not be used by you, to undertake the following, which should always occur under the care and guidance of suitably qualified medical professionals:
   
   • diagnose any disease, disorder or condition;
   • confirm or rule out autoimmune, autoinflammatory and/or disease activity;
   • replace clinical testing or medical assessment;
   • monitor disease progression or treatment response; and/or
   • guide or modify medication, therapy or clinical care.
4. Interpretive insights are narrative in nature and may highlight patterns or correlations, but they do not establish causation or clinical meaning(s).
5. Results and insights are provided for informational and educational purposes only.
6. You must seek advice from a suitably qualified medical professional before making any medical or lifestyle decisions based on the Services.
7. You acknowledge that misinterpretation of results without medical advice may result in harm, and you accept sole responsibility for any such outcomes and waive and release us in full from any and all claims, actions, rights and similar arising out or otherwise related to the same.
8. You acknowledge and agree that none of our Services are a substitute for emergency medical services, for which you should consult your doctor or hospital provider.

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6. Regulatory Status

1. The App and digital insights platform are classified as a Class I Software as a Medical Device (SaMD) under the UK Medical Devices Regulations 2002. As a Class I device, mOI Health is self-certified by OtoImmune. The platform is designed to provide informational and organisational outputs only and does not provide clinical diagnosis or treatment recommendations, as noted more specifically in clause 5 of the Terms.
2. If and when our regulatory status changes, we may amend the scope, intended purpose, disclaimers and risk language of the Services and these Terms.
3. Any such changes will be made in accordance with clause 1.9 of these Terms.

7. Prices, Payments and Subscriptions

1. All prices for any Membership and/or Services are displayed on the Website and, where applicable, in the Web App, in each case in GBP. VAT (where applicable) is also displayed next to our prices. Prices for the Membership and/or any of our Services may change from time to time, but changes will not affect any existing order we have accepted.
2. All payments — whether for Membership or for individual Services — must be made via the Platform (whether through the Website or the Web App). Payment for Membership is required at the time of sign-up. Payment for Services is required at the time of order. No Membership will be activated and no shipments will be made until we have received the applicable payment in full.  We use third party payment processing providers to purchase our Services. Extra security may be required by such third-party providers as part of the payment process (e.g. Verified by Visa) – we do not control this process.
3. Membership Subscriptions:
   
   • Access to the Platform requires an active Membership. Membership is available on a monthly or annual basis, with the applicable fee displayed on the Platform at the time of sign-up. Membership fees are charged separately from, and in addition to, the cost of any individual Services or Test Kits ordered through the Platform.
   • Membership fees are payable in advance at the start of each billing period. By purchasing a Membership, you authorise us to charge your chosen payment method the applicable Membership fee automatically at the start of each billing period (monthly or annually, as selected by you) until your Membership is cancelled.
   • Membership subscriptions renew automatically at the end of each billing period unless cancelled. You may cancel your Membership at any time via your account settings on the Platform. Cancellation will take effect at the end of the current billing period, after which your access to the Platform and ability to order further Services will cease. No refund or partial refund of any unused portion of a Membership period will be due upon cancellation, except as set out in the Cancellation, Cooling Off Period and Refunds clause below or as otherwise required by applicable law.
   • Cancellation of your Membership does not automatically cancel any outstanding orders for Services placed during your Membership. Any such outstanding orders will continue to be fulfilled in accordance with the relevant Service contract and these Terms. Where results from an outstanding Service contract become available after your Membership has lapsed or been cancelled, we will deliver those results to you by email in a format of our choosing to the email address held in your account. It is your responsibility to ensure that the email address held in your account is accurate and up to date at the time of Membership cancellation. If you have any difficulty accessing your emailed results following Membership cancellation, please contact us at support@moihealth.com and a member of our team will assist you.
   • If your Membership lapses or is cancelled, any data, results and insights stored within the Platform will cease to be accessible, unless otherwise agreed with us. Your personal data will be retained following Membership lapse or cancellation in accordance with the retention periods set out in our Privacy Notice and our internal Records Retention Policy
   • We aim to notify you of any change to your Membership fee no less than 14 days before that change takes effect, using the contact details held in your account. If you do not wish to continue your Membership at the revised fee, you may cancel before the change takes effect without penalty.
   • If payment of any Membership fee fails, we will notify you using the contact details held in your account and access to the Platform will be suspended until payment in full is made. If payment remains outstanding for a total of 30 days following suspension, we reserve the right to treat your Membership as cancelled and your account as dormant, in accordance with the account closure provisions of these Terms. 
   • You are responsible for ensuring that your payment details are kept up to date on the Platform at all times. If you require assistance updating your payment details, please contact us at support@moihealth.com. If your payment details change or expire and you do not update them before your next billing date, your Membership renewal payment may fail and the consequences set out in the failed payment provisions above will apply. We are not responsible for any interruption to your Membership or access to the Platform resulting from outdated or expired payment details.
   • We may from time to time offer free trial periods for Membership (“Free Trial”). Where a Free Trial is offered: the duration and any applicable conditions of the Free Trial will be displayed on the Platform at the time of sign-up; you will be required to provide valid payment details at the time of commencing a Free Trial; unless you cancel your Membership before the end of the Free Trial period, your Membership will automatically convert to a paid Membership at the end of the Free Trial and your chosen payment method will be charged the applicable Membership fee; you may cancel your Membership at any time during a Free Trial without charge via your account settings or by contacting us at support@moihealth.com; and we reserve the right to withdraw, modify or restrict Free Trial offers at any time and to limit Free Trial eligibility to new members only.
   • All prices are displayed and charged in pounds sterling (GBP) regardless of your location at the time of access or purchase. We do not currently offer pricing in any other currency. We are not responsible for any currency conversion fees or charges applied by your bank or payment provider in connection with any payment made to us.
   • Membership may not be purchased on behalf of another person. All Membership purchases must be made by and for the individual who will be the account holder and member. If you wish to give a Membership as a gift, please contact us at hello@moihealth.com to discuss whether and how this may be accommodated.
   • Where your Membership has lapsed or been cancelled and you have not requested account closure, your account will be treated as dormant. Dormant accounts and all data associated with them will be retained pursuant to our Privacy Notice. We reserve all our rights to permanently delete your account and all associated data, subject to any longer retention periods required by applicable law or our regulatory obligations. 
4. We may from time to time provide promotional offers and/or discount on Memberships and/or Services. For these:
   
   • promotional offers and discount codes may be restricted to use by certain customers and/or on specific Memberships and/or Services and we reserve the right to cancel, modify or restrict these offers at any time for any reason and without notice to you; and
   • promotional offers and discount codes may not be shared, sold or exchanged. Promotional offers and discount codes from unauthorised internet postings are not valid and may be declined. We reserve the right (in our sole discretion) to decline orders or cancel orders placed with unauthorised promotional offers and discount codes.‍
5. It is possible that some prices for Memberships and/or Services may be incorrect from time to time (albeit we will use all reasonable efforts to reduce the chances of this occurring). If we discover a pricing error or discrepancy that affects all or any part of your order for a Membership and/or any Services, we will tell you as soon as possible after we become aware and will give you the option of continuing with your order at the correct price or cancelling your order. We will not process the incorrectly priced order (or part thereof) until we have received your instructions. If we are unable to contact you, we will treat the relevant part(s) of your order as cancelled and notify you using the applicable contact details we hold for you. If the pricing error is obvious or could reasonably have been recognised as a mispricing, we will not be obliged to fulfil your order at the incorrect price even if we have already provided you with any form of order acknowledgement or acceptance.

8. Delivery of Test Kits and Return of Samples

1. Test Kits will be delivered by or on our behalf to you to the address provided by you at the time of placing the order for Services with us. Please note that we only deliver Test Kits to England, Scotland and Wales at the time of writing. Unfortunately, we currently do not deliver to Northern Ireland. We do not deliver to P.O. Boxes or to BFPO addresses.
2. Please be aware that delivery times are estimates only and are not guaranteed. Like many businesses, we use third party providers (such as Royal Mail) to deliver to you and return to us Test Kits and samples. If Test kits are delayed, we will work with our relevant partners to update you appropriately and arrange delivery as soon as possible thereafter.
3. Delivery of your Test Kit(s)w ill take place when we deliver the Test Kit in question to the address specified in your order. We reserve the right to require you to present a valid form of ID on delivery (e.g. passport or driving licence).
4. If no one is available to take delivery, the carrier will where possible leave a note explaining where your delivery has been left or that it has been returned to the depot, in which case, you will need to contact the depot to arrange re-delivery
5. Once a Test Kit has been delivered and for those Services that require blood to be taken from you, we will either contact you by email, or provide via the Platform, the details required (and relevant links) to arrange a phlebotomy appointment with our chosen phlebotomy provider(s). It is your responsibility to book, attend and complete the phlebotomy appointment once we have provided you with the applicable details. We do not guarantee the availability of any particular appointment time, date or location. If you fail to book or attend a phlebotomy appointment, or if you delay booking or attendance, this may affect the ability to obtain a viable sample. 
6. Once a phlebotomy appointment has been booked you will receive a notification either by email and/or via the Platform from us and/or our chose provider confirming the time, date and location of your appointment. Phlebotomy appointments can be rescheduled, cancelled or otherwise re-arranged free of charge upon the giving of not less than 48 hours' notice to our phlebotomy provider via the links provided to you on the confirmation email or via such other means as are provided to you from time to time. If you experience any difficulty rescheduling or cancelling a phlebotomy appointment, please contact us at support@moihealth.com as soon as possible and we will use reasonable endeavours to assist you. Please note that if you wish to reschedule, cancel or otherwise re-arrange your phlebotomy appointment within 48 hours from the time of your appointment, you will incur an additional charge (payable to the phlebotomy provider direct) of up to £85 (inclusive of VAT).
7. We will not be liable to you:
   
   1. where any analysis of all or any part(s) of any samples cannot be completed within any specified time frames, or for any other reason, should the same occur for any failure (whether by act or omission) by you to comply with all or any part of these Terms;
   2. for the costs of any appointment rescheduling, cancellations or missed appointments (which will be subject to those additional fees charged by the phlebotomy provider as noted above). Any such fees are payable in full by you to the phlebotomy provider and are not included in the price of the Services; and
   3. for the costs of any appointment rescheduling that may occur due to the phlebotomist not being able to extract from you a sufficient volume of blood sample(s) as a result of you failing to comply in full with clause 8.9 (in particular due to dehydration or failure to be sufficiently hydrated). In such an instance, you will be charged by the phlebotomy provider a re-arrangement fee at the rate set out in clause 8.6 and all of such fees are payable by you direct to the phlebotomy provider and are not included in the price of the Services.
8. For any Services and/or Test Kits that do not require blood to be taken from you, we will not provide to you the details and/or links to book a phlebotomy appointment. All relevant instructions for such Services and/or Test Kits will be provided either via the Platform or in Test Kit(s) themselves.
9. Please be aware that you are responsible for:
   
   • reading carefully, following and complying with all sample collection and other instructions provided by us to you (whether via information leaflets included with any Test Kits, email or via the Platform or otherwise);
   • ensuring that samples are collected and stored correctly and safely, unless notified otherwise;
   • packaging, sealing and returning samples (where required) using the materials provided to you by us with any time periods specified. Please note that, unless otherwise stated, our chosen phlebotomy providers will be responsible for returning to us blood samples only and you are responsible for returning to us stool and any other samples; and
   • where required, returning samples promptly to minimise biological degradation. Please note that, unless otherwise stated, our chosen phlebotomy providers will return to us blood samples; you are responsible for returning to us stool and any other samples.
10. If you do not comply with all or any part of the terms set out in clause 8.9, the results of any test(s) and or Services to be provided by us to you may be incomplete or inaccurate or may only be possible to complete in part. Accordingly, we are not responsible to you for any fees, refunds, costs or otherwise where analysis cannot be completed due to:
    
    • insufficient (including as to volume), degraded, damage or contaminated samples caused by any act or omission (including delays) on your part;
    • late returns to us outside of notified stability windows;
    • failure by you to follow all or any part of the instructions provided; and
    • postal or courier delays outside of our control.

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9. Test Processing and Results

1. Samples taken from you are analysed on our behalf by our chosen third-party laboratories. Turnaround times are indicative only and shown on the Platform and may vary. Results (once available) will be made available to you via the Platform (and notified to you by email).
2. We do not guarantee the availability of any specific biomarker or data output and you acknowledge that test outcomes depend to a significant degree on the quality of the sample provided to us and our partners. If you do not comply fully with all instructions and collection protocols provided in the Test Kit in question, it is possible that an incomplete or inaccurate test result may occur. If we are unable to carry out all or any part of our Services because of a problem with the Sample arising from your failure to observe the applicable instructions and collection protocols, we reserve the right to cancel the contract in accordance with the terms set out herein and no refund will be due to you. However, we may, at our discretion, give you the opportunity of retesting free of charge in the case of a partial result.

10. Sample Stability, Retesting and Replacement Kits

1. Where a Test Kit or sample provided to us is deemed unsuitable for reasons outside your control, including damage, delay or fault caused by us or our suppliers, we will:
   
   • in the case of a replacement Test Kit, provide to you a replacement at no additional cost; and
   • in the case of an unsuitable sample, we will provide to you a replacement Test Kit and, where applicable, a further phlebotomy appointment at no additional cost to you. Where retesting of samples is required under this clause, we will also cover the cost of any associated sample processing and laboratory analysis required to complete the replacement test/testing.
2. Where replacement Test Kit(s) and/or retesting is provided at no cost under clause 10.1, no further compensation, refund or damages shall be payable by or otherwise due by us to you in respect of the same, and replacement and/or repeat phlebotomy appointments and/or retesting shall be your sole and exclusive remedy against us.
3. Where a sample is deemed unsuitable by us and/or our partners and third party providers for reasons that we believe to be within your control (and determination of whether a sample is unsuitable and whether such was as a result of matter(s) within your control will be made by us in consultation with our relevant partners), we may offer a replacement Test Kit(s), subject to the payment to you of a replacement fee.
4. We are under no obligation to continue attempting analysis where multiple samples prove unsuitable for reasons that we deem to be within your control (as determined pursuant to the above).
5. Results may not be available where biological, environmental or medical factors make testing infeasible or scientifically unreliable. In such circumstances, we are not liable to provide alternative analysis.

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11. Genetic Data Retention, Secure Storage and Destruction

1. In the course of providing the Services, we may generate, store and process genetic, genomic, proteomic and/or other molecular-level biological data derived from your samples (“Genetic Data”). Please refer to our Privacy Notice.
2. Genetic Data constitutes special category personal data under UK data protection law and will be processed strictly in accordance with our Privacy Notice and applicable UK GDPR.
3. Genetic Data may be used by us for:
   
   • generating your personal results and reports;
   • internal quality control, assay validation and service improvement;
   • refining analytical models and interpretation frameworks;
   • operational audit and regulatory compliance purposes; and
   • such other purposes as set out in our Privacy Notice.
4. Save where samples are biobanked by us (see clause 12), your biological samples may be stored by our partner laboratories and other providers for a limited period for:
   
   • the performance or all or any part of our Service(s);
   • generation and verification of test results;
   • troubleshooting and assay quality assurance; and
   • compliance with applicable laboratory standards.
5. You may request the destruction of your stored biological sample and any requests for destruction must be made in writing to dataprotection@moihealth.com. Return and/or destruction of Genetic Data and/or any other special category personal data controlled and/or processed by us is governed strictly pursuant to the terms of our Privacy Notice.
6. Upon receipt of a valid request, we will instruct our laboratory partner to securely destroy your sample within a reasonable period and confirm when this has been completed. A confirmation of destruction will be provided to you within a reasonable period of time thereafter.
7. Following destruction of samples and/or any special category personal data controlled and/or processed by us, we may not longer be able to provide you all or any Service(s) and you may no longer be able to access historical results, and other Services (including, as regards the Platform, longitudinal monitoring comparisons, trends, correlations and any other insights that we may have provide or intend to provide) may no longer be available. You acknowledge that we will not be responsible to you for any inability to provide all or any part of the Services that depend on samples being stored or biobanked by us.
8. We may retain anonymised or aggregated scientific data, health data and Genetic Data (including those) derived from any samples stored and/or biobanked by us) where such data does not identify you and cannot reasonably be re-associated with you.

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12. Termination and Suspension

1. In the course of providing the Services and where you have given your explicit consent to us, your biological sample (whether blood, tissue, saliva or other biological material) may be stored by us or otherwise on our behalf by our appointed laboratory partners (“Biobanked Sample”).
2. Biobanked Samples may be retained by or on our behalf for the following purposes:
   
   • to provide existing Services or additional Services to you;
   • to conduct scientific and/or commercial research and/or research studies;
   • to improve, validate or develop testing methods and/or internal algorithms and/or assays;
   • to develop new and/or novel diagnostics and/or therapeutics and/or pharmaceuticals and/or nutraceuticals and/or health and/or genetic products and/or services and/or related technologies;
   • to conduct internal quality assurance and methodological validation;
   • to verify analytical outcomes, including re-runs where analytically required;
   • to ensure audit, inspection or regulatory compliance (including requirements of UKAS, ISO 15189 and applicable laboratory standards);
   • to troubleshoot test performance, including investigation of anomalous results; and
   • to develop and improvement of internal laboratory processes.
3. Any biobanked samples will stored under controlled laboratory conditions and pursuant to approved frameworks for the minimum duration necessary to achieve the aims set out in clause 12.2, as otherwise required by applicable law or as determined by us (at which stage they shall be destroyed by us).
4. The provisions of clause 11.5 to 11.7 (inclusive) apply for the destruction of any samples biobanked by us.

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13. Cancellation, Cooling Off Period and Refunds

1. Cooling Offer Period – Membership:
   
   • As Membership constitutes a digital service under the Consumer Rights Act 2015, you have the right to cancel your Membership contract within 14 days of the date on which it was formed, without giving any reason (the “Membership Cooling Off Period”).
   • However, by purchasing a Membership and accessing the Platform during the Membership Cooling Off Period, you expressly request that we begin providing the digital service immediately. You acknowledge that by doing so you will lose your right to a full refund of the Membership fee once the digital service has been fully performed. Where you cancel within the Membership Cooling Off Period but have accessed the Platform, we reserve the right to charge you a pro-rata amount representing the proportion of the Membership period during which you accessed the Platform prior to cancellation, and to refund the balance.
   • To exercise your right to cancel your Membership during the Membership Cooling Off Period, please notify us by email at support@moihealth.com during that period, clearly stating that you wish to cancel your Membership and the date on which it was purchased. A support case will be raised automatically and a member of our team will review and get back to you.
2. Cooling Off Period — Service Contracts (Test Kits and Associated Services):
   
   • The following provisions apply separately to each individual Service contract and are in addition to, and independent of, the Membership cooling-off provisions set out above.
   • You have the right to cancel any contract for any Services without any reason within a fourteen (14) day cooling off period. Such cooling off period will end fourteen (14) days after the day on which the contract was formed (and such period is hereafter referred to as the “Cooling Off Period”). By way of example, if the contract in question with you was formed on the 1st day of the month, the Cooling Off Period would end at the end of the 15th day of the same month. However, you will lose the right to cancel if we started providing Services to you during the Cooling Off Period and received samples from you for processing (please see clause 13.2.5 for more details).
   • To exercise your right to cancel a Service contract during the Cooling Off Period, you must notify us during the Cooling Off Period by email at support@moihealth.com, clearly stating that you wish to cancel your order and the date on which it was placed. A support case will be raised automatically and a member of our team will process your cancellation in accordance with these Terms. 
   • We will ship to you Test Kit(s) and provide to you the ability to book a phlebotomy appointment during the Cooling Off Period. We need to do this because we aim to send you your Test Kit(s) and arrange your phlebotomy appointment promptly after you place your order for Services with us (and this is very likely to be within the Cooling Off Period in question). By booking a phlebotomy appointment during the Cooling Off Period we shall treat this as a request by you for us to start performing the Services during the Cooling Off Period. In such an instance, you acknowledge that you will lose your right to cancel the contract once the Services have been fully completed (i.e. when we have provided you with your results). 
   • If you cancel during the Cooling Off Period, we will reimburse to you all payments we have received from you for the Services in question, subject to the reasonable deductions set out below and any additional deductions we have reserved the right to make as set out in clause 14.2:
     
     • if we have sent you a Test Kit but we have not received your Sample, we will deduct the sum of £35.00 from each Test Kit sent out to you from your refund amount to compensate us for the cost of sending you the Test Kit and paying for outbound and return postage (we cannot accept returned Test Kits for any Services for health and safety reasons and because Test Kits personalised to your requirements). For the avoidance of doubt therefore, if the Services you have purchased involve the dispatch of more than one Test Kit (for example, if you order Services that require both blood tests and stool analysis) you will be charged the sum of £35.00 per Test Kit;
     • if you have booked a phlebotomy appointment and that cannot be cancelled free of charge (due to such cancellation occurring within a period of 48 hours prior to your phlebotomy appointment) we will deduct the sum of £85.00 from your refund amount (in addition to deductions made for Test Kit(s) sent out to you) to compensate us for the costs we will incur from our phlebotomy providers. In instances where the phlebotomy appointment can be cancelled free of charge, not deduction of the sum of £85.00 will be made by us; and
     • if you have returned to us or our laboratory partners any samples, no refund of any amount will be due or otherwise payable to you. This is because, at this stage, we and our partners will have already commenced sample processing activities and incurred costs for those.
3. Subject to the remaining terms of these Terms, we will make any reimbursement properly and correctly due to you without undue delay, and not later than fourteen (14) days after the day on which we are informed about your decision to cancel.
4. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise with us. 
5. Cancellation will not affect your or our respective rights and remedies that have arisen prior to cancellation. If you or we cancel for any reason, it will not affect our right to receive any monies that you owe to us.
6. No refunds and/or reimbursements will be made or otherwise due or payable to you after expiry of the Cooling Off Period.

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14. Our Right to Suspend or Terminate Services

1. We may suspend or terminate your access to the Services where:
   
   • your chosen payment method fails in whole or in part or is reversed;
   • your Membership subscription lapses, is cancelled by you, or payment of any Membership fee fails and is not remedied within 7 days of us notifying you of such failure at the email address held in your account, in which case your access to the Platform and ability to order further Services will be suspended until the outstanding payment is made or your Membership is otherwise reinstated. You may resolve a failed payment or reinstate your Membership by updating your payment details via your account settings or by contacting us at support@moihealth.com;
   • you breach any of these Terms (including but not limited to where: (a) we are unable to carry out all of any part of the Services because of an error by you to properly package, label or otherwise return to us a sample within the time limits, methods or requirements notified to you; (b) we are unable to carry out the Testing Services because of a problem with the Sample arising from your failure to observe the applicable instructions and collection protocols; and/or (c) in breach of any applicable law in relation to the contract for your order, or in breach of any other contract that may exist between you and us);
   • any regulatory or safety concerns arise (for whatever reason); 
   • we are unable (or reasonably believe that we are unable) to provide the Testing Services for reasons beyond our reasonable control or for legal or regulatory reasons; or
   • continued provision of the Services becomes unfeasible (in our opinion).
2. Refunds will be made to you for cancelled Services as set out more particularly in clause 13. In addition, where a suspension or termination is actioned by us in the circumstances set out in clause 14.1.3 we reserve the right to deduct or charge you reasonable compensation for the net costs we will incur as a result of your breach of the Terms.

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15. Account Closure

1. You may request permanent closure of your account at any time by contacting us at support@moihealth.com and logging a support ticket with us. Account closure will result in the immediate cancellation of your Membership (subject to any applicable notice period) and the termination of your access to the Platform and all associated features.
2. Account closure does not automatically cancel any outstanding Service contracts. Any Services already ordered and in progress at the time of account closure will continue to be fulfilled in accordance with the relevant Service contract, and results will be delivered to you in the manner set out in clause 7.3.4.
3. Following account closure, your personal data — including health data, results and insights stored on the Platform — will be handled in accordance with our Privacy Notice and applicable data retention obligations. You may request deletion of your personal data separately in accordance with your rights under UK GDPR by contacting dataprotection@moihealth.com.
4. We will provide you with written confirmation of account closure within a reasonable period of receiving your request

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16. Liability

1. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded by law.
2. As a consumer, you have certain legal rights known as “statutory rights” that are enshrined in laws designed to protect you against certain practices. One example of a statutory right is one where we are under a legal obligation to perform our Services with reasonable care and skill. If we do not carry out our services with reasonable care and skill, you can ask us to repeat the service or to fix the problem, or you may be entitled to get some money back if we cannot fix it. Nothing in these Terms of Sale in any way affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau (www.citizensadvice.org.uk/) or Trading Standards office (www.gov.uk/find-local-trading-standards-office).
3. If the Services we have provided to you are in any way defective or negligent or you believe that they do not comply with the terms of contract entered into with you, please contact us at support@moihealth.com and we will do our best to help resolve the problem. 
4. Except where clause 16.1 applies, we will not be liable to you (under tort, contract, breach of statutory duty of otherwise) for any:
   
   • Unexpected loss/loss that was not foreseeable: we are not liable for any loss or damage that was not foreseeable at the time you placed your order. Loss is foreseeable only if it is an obvious consequence of our breach or if it was expressly communicated to us by you in writing before the order was made;
   • Loss that you could reasonably have avoided: we are not liable for any loss or damage that you could have avoided by taking reasonable steps, including by following instructions provided with the Test Kit or via the Platform, or by seeking appropriate medical or professional advice where require;
   • Loss caused by third parties outside our control: we are not liable for any loss or damage caused by third parties who are not acting on our behalf or under our direct instructions. Where you obtain phlebotomy, sample collection, clinical services, or other products or services directly from a third party, that third party is solely responsible to you for those products and services and for any outcomes or consequences arising from them;
   • Loss caused by your own acts or omissions: we are not liable for any loss, damage, personal injury or death to the extent it results from your actions or omissions (except where caused by our negligence). This includes, without limitation, failure to follow the instructions provided with the Test Kit or failure to provide accurate, complete or timely information or documentation when requested;
   • Circumstances outside our reasonable control: we are not liable for any loss or damage caused by events or circumstances outside our reasonable control, including delays in postal or courier services, laboratory capacity constraints, supply chain disruption, regulatory changes, or other events of force majeure;
   • Unavailability of the Platform: Unavailability of the Platform: we are not liable for any loss arising from any temporary unavailability, suspension or interruption of the Platform or systems relied upon to provide the Services or Membership, where such unavailability is caused by circumstances outside our reasonable control, planned maintenance (of which we will endeavour to give reasonable advance notice), or third party system failures. Where the Platform is unavailable for a continuous period exceeding 72 hours due to circumstances within our reasonable control, and that unavailability materially affects your ability to use the core features of your Membership, you may request a pro-rata credit against your next Membership fee by contacting us at support@moihealth.com. A support case will be raised automatically and a member of our team will review and process your request. Such credit shall be your sole and exclusive remedy in respect of Platform unavailability, save where unavailability constitutes a breach of our obligations under the Consumer Rights Act 2015; and
   • Business or commercial loss: the Services are supplied for domestic and private use only. We are not liable for any business-related losses, including (without limitation) loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, or loss of goodwill.
5. Subject to clause 16.1, our total liability to you under or in connection with:
   
   • any individual Service contract, however arising, whether in contract, tort (including negligence) or otherwise, is limited to the charges you have paid for the Services subject to that specific contract; and
   • your Membership contract, however arising, whether in contract, tort (including negligence) or otherwise, is limited to the total Membership fees paid by you in the 12-month period immediately preceding the event giving rise to the claim,and in no event shall our aggregate total liability to you across all contracts exceed the total amount paid by you to us in the 12-month period immediately preceding the event giving rise to the claim.

17. Intellectual Property

1. Unless expressly stated otherwise, all intellectual property rights in and to the Platform, its underlying technology, design, software, algorithms, content and any standardised outputs are owned by or licensed to OtoImmune and/or our licensors, suppliers and service providers.
2. You retain ownership of all personal health data and information you input into the Platform (“Your Data”). By inputting Your Data into the Platform, you grant OtoImmune a non-exclusive, royalty-free licence to use Your Data solely for the purposes of: providing and improving the Membership and Services; generating personalised insights, reports and outputs for you; and as otherwise set out in our Privacy Notice.
3. Personalised outputs generated by the Platform based on Your Data — including AI-generated insights, discoveries, GP letters and health summaries (“Your Outputs”) — are provided to you for your personal use. You may download, print and share Your Outputs with healthcare professionals or others of your choosing. OtoImmune does not claim ownership of Your Outputs, but retains the right to use anonymised and aggregated data derived from Your Outputs for internal research, quality assurance and service improvement purposes, in accordance with our Privacy Notice.
4. OtoImmune does not acquire any rights over Your Data beyond those set out in these Terms and our Privacy Notice.

18. Data Protection

1. We process personal data, including health data, in accordance with UK data protection laws and our Privacy Notice. All requests concerning data subject rights — including subject access requests, requests for erasure, and objections to processing — should be submitted to dataprotection@moihealth.com. Please do not send data protection requests to the support address as these require separate handling by our data protection function.
2. Full details of how we collect, use, store and protect your personal data — including your rights in respect of it — are set out in our Privacy Notice, which forms part of these Terms. We strongly recommend you read our Privacy Notice before purchasing a Membership or inputting any personal health data into the Platform.
3. If you have a general query about how your data is used that does not constitute a formal data subject rights request, you may contact us at support@moihealth.com and a member of our team will direct your query to the appropriate person.
4. All requests concerning data rights should be submitted to dataprotection@moihealth.com.

19. Entire Agreement

These Terms, together with our Privacy Notice, and Website Terms and Conditions, constitute the entire agreement between you and OtoImmune in relation to your Membership, your use of the Platform, and the purchase of any Services. In the event of any conflict between these Terms and any other document referenced herein, these Terms shall prevail to the extent of that conflict, save in respect of data protection matters where the Privacy Notice shall prevail.

20. Other Miscellaneous Provisions

1. All contracts between you and us are personal to you. You may not assign, sub-license or otherwise transfer any of your rights or obligations under any contract you have with us. We may transfer, assign, charge, sub-contract and/or otherwise dispose of part or all of our rights and obligations under any contract we have with you at any time.
2. No one other than a party to the contract between you and us has any right to enforce any of its terms.
3. If any provision of these Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms, which will remain in full force and effect.
4. If we fail at any time to insist on strict performance of any of your obligations under any contract between you and us, or if we fail to exercise any of our rights or remedies, this does not constitute a waiver of our rights or remedies and does not relieve you from compliance with your obligations. A waiver by us of any default does not constitute a waiver of any subsequent default. No waiver by us is effective unless it is expressly stated to be a waiver and is communicated to you in writing.

21. Governing Law and Jurisdiction

These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.