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    • TestDefy Terms of Service

    Effective Date: December 11, 2025

    The Terms of Service and Privacy Policy for www.testdefy.com (together, these “Terms”) govern your relationship with Defy Medical, LLC d/b/a Testdefy (“Testdefy,” “we,” “us,” or “our”) and form a binding contract between you and us, governed solely by Florida law except as otherwise provided in these Terms or required by applicable law.

    By accessing or using the Testdefy website, www.testdefy.com, any related sites, portals, apps, APIs, Content, or communications, and any related online Services that allow you to purchase laboratory testing and view related information (collectively, the “Services”), you agree, on your own behalf and on behalf of any party you represent, to be bound by and comply with these Terms and all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use or access the Services.

    Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, disclose, and safeguard information about you, including our obligations and practices regarding data security and data breach notification as required by applicable law. The Privacy Policy is incorporated into these Terms by reference. If there is any conflict between these Terms and the Privacy Policy with respect to our handling of personal information, the Privacy Policy will control. For information governed by HIPAA (such as Protected Health Information), the Privacy Policy explains how we use and safeguard that data in accordance with applicable law.

    The Services are intended solely for individuals who are at least 18 years of age and located in the United States.

    1. No Medical Care; No Medical Advice

    The Services enable you to order certain laboratory tests, receive test results, and access general educational information.

    Testdefy does not practice medicine and does not provide medical care, diagnosis, or treatment through the Services.

    Any information available through the Services, including lab results, reference ranges, explanatory Content, automated summaries, or AI-generated outputs is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.

    Use of the Services does not create a doctor patient relationship between you and Testdefy or any of their clinicians. Clinical evaluation, prescriptions, and any treatment you may receive through Defy Medical, LLC or other providers are governed by separate agreements, not by these Terms.

    You should always discuss your test results and any questions about your health with your own licensed healthcare provider.

    2. Medical Emergencies

    The Services and electronic communications with Testdefy are not appropriate for medical emergencies or urgent issues.

    ELECTRONIC COMMUNICATION IS NOT APPROPRIATE FOR ALL HEALTH ISSUES, ESPECIALLY THOSE OF AN URGENT OR EMERGENT NATURE, AND TESTDEFY MAKES NO GUARANTEE OF ANY PARTICULAR RESPONSE TIME TO AN INQUIRY YOU MAKE. ACCORDINGLY, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD NOT RELY ON THE SERVICES FOR ASSISTANCE BUT SHOULD CALL 911 OR YOUR LOCAL EMERGENCY NUMBER OR SEEK APPROPRIATE EMERGENCY MEDICAL ASSISTANCE IMMEDIATELY.

    3. Eligibility and Geographic Restrictions

    By using the Services, you represent and guarantee that:

    – You are at least eighteen (18) years of age;
    – You are legally able to enter into these Terms;
    – You are accessing the Services from within the United States; and
    – You will use the Services only where they are permitted under applicable law, including laws governing direct-access laboratory testing.

    We may refuse, suspend, or terminate Services, or cancel any order, if we believe that you are located in a jurisdiction where we are not authorized to provide the Services, or where providing the Services would violate applicable law or regulatory requirements, or where logistical or other constraints prevent us from fulfilling your order.

    4. Insurance

    Testdefy does not accept insurance of any kind and does not bill insurance carriers for the Services. You are solely responsible for all charges associated with your use of the Services.

    We may provide you with a receipt or superbill that you can submit to your insurance company if you choose. We make no representation or guarantee that your insurer will reimburse you, and we will not communicate with or appeal to any insurer on your behalf.

    5. Payment Methods and Charges; Credit Card Authorization

    By using the Services, you authorize Testdefy to charge credit card(s) or other payment methods that we permit you to save electronically to your account for:

    – Lab orders and related fees;
    – Applicable taxes; and
    – Any other charges associated with your use of the Services.

    Your payment method(s) may be saved to a secure vault that meets or exceeds payment industry security standards for the convenience of future transactions on your account.

    You agree to maintain at least one valid payment method on your account and to promptly update your payment information as necessary.

    TestDefy may delay or withhold processing of orders, releasing of lab orders, or access to results if payment cannot be processed or if no valid payment method is available.

    Except as expressly provided in the “Credits and Refunds” and “Lab Orders and Refunds” sections below, ALL SALES ARE FINAL. Any credit we choose to issue will be provided as an Account Credit or Promotional Credit, as described in those sections.

    6. Credits and Refunds

    6.1 Account Credits

    “Account Credits” are non-expiring credits that may be applied toward eligible future purchases of Services. Account Credits may be issued in Testdefy’s discretion for reasons including, but not limited to:

    – Verified billing errors (overcharges, duplicate charges, or similar issues);
    – Certain lab order cancellations before specimen submission; or
    – Other situations where Testdefy determines that an Account Credit is appropriate.

    Key points:

    – Account Credits do not expire.
    – If you do not wish to purchase further Services, we may, in our sole discretion and subject to applicable law, refund some or all of your Account Credit balance to your original payment method(s) or via another reasonable method.
    – We may require that an Account Credit meet a minimum balance before issuing a refund and may decline to refund de minimis balances.

    6.2 Promotional Credits

    “Promotional Credits” are discretionary credits provided by Testdefy or Defy Medical, LLC as part of marketing promotions, referral programs, birthday credits, courtesy adjustments, or other incentives.

    Promotional Credits:

    – May be used only for eligible purchases through Testdefy;
    – Expire ninety (90) days after the date they are issued, unless we explicitly state a longer period at the time of issuance;
    – Are non-transferable;
    – Have no cash or monetary value;
    – Are not legal tender;
    – Are not redeemable for cash or refunds; and
    – Do not constitute gift cards or stored‑value instruments.

    We may limit the use of Promotional Credits in any transaction. This includes, without limitation:

    – Limiting the percentage of an order that may be paid using Promotional Credits;
    – Limiting the maximum dollar amount of Promotional Credits per order; and/or
    – Restricting whether multiple promotions may be combined.

    Any such limits will be stated in the applicable promotion and/or on the Services. We may apply Promotional Credits with the earliest expiration date first.

    7. Lab Orders and Refunds

    7.1 Validity of Lab Orders

    Lab orders are generally valid for three (3) months from the date of purchase. If you do not use your lab order within that time, it expires.

    At our discretion, we may:

    – Renew an expired lab order once for an additional three (3) months at no additional charge; or
    – Require you to purchase a new lab order.

    We may refuse to honor outdated or expired lab orders where required by law, laboratory policy, or internal policy.

    7.2 Use of Third-Party Labs and Phlebotomy Services

    Testdefy arranges laboratory testing through independent, CLIA‑certified laboratories and may provide access to third‑party phlebotomy Services or collection sites. These third parties are solely responsible for collecting, handling, transporting, and testing your specimen.

    We do not control and are not responsible for:

    – The professional judgment of laboratories or phlebotomy providers;
    – Their operations; or
    – Any acts or omissions of such third parties or their personnel.

    7.3 Cancellations and Refunds Before Specimen Submission

    Once a specimen has been collected and submitted to a laboratory for testing, your order is considered fulfilled and no refunds or credits will be provided, even if:

    – You do not like your results;
    – You do not meet criteria for any treatment from a separate provider; or
    – You choose not to pursue follow‑up care.

    Lab orders are not eligible for a credit or refund solely because of the results.

    If you wish to cancel a lab order before your specimen is collected and submitted, you must contact us to request cancellation. Subject to our verification and applicable time limits:

    – If we approve the cancellation, we will issue an Account Credit for the amount paid, minus a processing fee (currently US $25) per canceled order; and
    – In some cases, and in our sole discretion, we may instead refund the amount to your original payment method, minus any applicable processing fee.

    7.4 Lost, Rejected, or Delayed Specimens

    If a specimen is lost, rejected, unusable, or delayed due to reasons outside your reasonable control (for example, certain laboratory errors or shipping issues where we arranged shipment), we may, at our discretion:

    – Reissue a lab order at no additional cost; or
    – Issue an Account Credit for the affected test.

    If a specimen is lost, rejected, unusable, or delayed due to your actions or inactions (including failure to follow collection instructions, to appear for a draw, or to provide required information), we are not required to provide a refund, replacement test, or credit.

    8. User Accounts and Security

    You may be required to create an account to use certain features of the Services. You agree to:

    – Provide accurate and complete registration information;
    – Maintain and promptly update your information;
    – Keep your login credentials confidential; and
    – Notify us immediately of any unauthorized use of your account or any other breach of security.

    You are responsible for all activities that occur under your account.

    9. Intellectual Property; Permitted Use

    All Content and materials provided through the Services, including text, graphics, logos, icons, images, audio/video clips, software, and other materials (collectively, “Content”), are owned by or licensed to Testdefy and are protected by intellectual property and other laws.

    We grant you a limited, revocable, non‑exclusive, non‑transferable license to access and use the Services and Content for your personal, non‑commercial use in accordance with these Terms.

    Except for this limited permission and any other permissions granted in these Terms, you may not, without our express written permission:

    – Copy, reproduce, distribute, modify, create derivative works of, publicly perform, or publicly display any part of the Services or Content;
    – Reverse engineer, decompile, or attempt to extract source code from the Services;
    – Use any robot, scraper, spider, or other automated means to access the Services; or
    – Remove or alter any proprietary notices or legends on the Services or Content.

    10. Prohibited Conduct

    You agree that you will not:

    – Use the Services for any unlawful, fraudulent, or malicious purpose;
    – Attempt to gain unauthorized access to any account, system, or network;
    – Interfere with or disrupt the operation of the services;
    – Upload or transmit any viruses, malware, or other harmful code;
    – Misrepresent your identity, age, or eligibility; or
    – Use the Services in any manner that could damage, disable, overburden, or impair our servers or networks.

    We may terminate or suspend your access to the Services for any violation of these Terms.

    11. Electronic Communications

    By using the Services, you consent to receive communications from us electronically, including emails, portal messages, and notifications. You agree that such communications satisfy any legal requirement that they be in writing.

    You understand that:

    – Emails you send to us may pass through third‑party systems before reaching us;
    – Authorized staff may view and respond to your messages; and
    – Copies of communications may be stored as part of your account record.

    You agree to:

    – Maintain a valid and accurate email address on file;
    – Check your messages regularly; and
    – Not use email or portal messages for emergencies, crises, or urgent medical issues.

    You may withdraw your consent to electronic communications by contacting us, but doing so may limit your ability to use certain features of the Services.

    12. Use of Automated Tools and Artificial Intelligence (AI)

    Testdefy may use automated tools, including artificial intelligence (“AI”), to support certain aspects of the Services, such as:

    – Providing general educational information;
    – Organizing, highlighting, or summarizing your test results; or
    – Powering chatbots, virtual assistants, or similar features.

    Testdefy affirms the following with respect to its use of AI:

    – All AI tools used in connection with your results or account are used under the supervision of qualified personnel, and AI recommendations do not replace medical judgment or clinical decision‑making.
    – When AI is used to generate insights, suggestions, or responses relevant to your care, you are responsible for reviewing those outputs with your own healthcare provider before relying on them for diagnosis or treatment.
    – Any general information or guidance provided via automated tools, including but not limited to chatbots or website interfaces, is for informational purposes only and does not constitute medical advice, diagnosis, or treatment.
    – Testdefy does not permit AI to make autonomous care decisions or diagnoses.

    AI outputs do not create a provider–patient relationship and do not constitute medical advice. You must not rely solely on AI‑generated information when making decisions about your health. You should review your results and any questions with your licensed healthcare provider.

    By using the Services, you acknowledge and consent to the incorporation of AI technologies in accordance with these Terms, and you agree that any outputs, analyses, or communications involving AI do not create a guarantee of medical outcomes.

    13. Disclaimers

    YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. ACCORDINGLY, THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

    TO THE FULLEST EXTENT PERMITTED BY LAW, TESTDEFY (INCLUDING DEFY MEDICAL, LLC IN ITS CAPACITY AS OWNER AND OPERATOR OF THE SERVICES) AND THEIR AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, LABORATORIES, AND PHLEBOTOMY PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT.

    WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

    – THE SERVICES OR ANY THIRD‑PARTY WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR‑FREE;
    – DEFECTS WILL BE CORRECTED;
    – THE SERVICES OR ANY SERVERS USED BY THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
    – THE CONTENT OR ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES OR ANY THIRD‑PARTY WEBSITE IS ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY.

    WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY LAB RESULTS, INTERPRETIVE MATERIALS, OR OTHER CONTENT MADE AVAILABLE THROUGH THE SERVICES. LABORATORY TESTING HAS INHERENT LIMITATIONS, AND TEST RESULTS ALONE ARE NOT A DIAGNOSIS.

    SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    14. Limitation of Liability

    As partial consideration for your access to and use of the Services, you agree that, to the maximum extent permitted by law, in no event will Testdefy, Defy Medical, LLC, their affiliates, owners, officers, directors, employees, contractors, suppliers, laboratories, phlebotomy providers, Content providers, or agents (collectively, the “Testdefy Parties”) be liable to you, any party that you represent, or any third party for any:

    – INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, STATUTORY, OR PUNITIVE DAMAGES; OR
    – LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES,

    ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR CONTENT, OR ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    Without limiting the foregoing, the Testdefy Parties will not be liable for any losses or damages arising out of or in connection with:

    – Your use of, or reliance on, the Services or Content;
    – Our performance of or failure to perform our obligations in connection with these Terms;
    – The defamatory, offensive, or illegal conduct of other users of the Services or of third parties; or
    – Your purchase or use of any goods or Services provided by third parties, including laboratories, phlebotomy providers, or shipping carriers.

    IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE TESTDEFY PARTIES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS EXCEED ONE HUNDRED U.S. DOLLARS (US $100) IN ANY CALENDAR YEAR.

    The above limitations apply to all causes of action, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if a limited remedy set forth herein is found to have failed of its essential purpose.

    Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

    15. Indemnification

    You agree to defend, indemnify, and hold harmless Testdefy, Defy Medical, LLC, their affiliates, and their respective officers, directors, employees, contractors, agents, and representatives from and against any and all claims, actions, demands, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

    – Your use of the Services or Content;
    – Your violation of these Terms; or
    – Your violation of any rights of another person or entity.

    We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.

    16. Governing Law; Dispute Resolution; Binding Arbitration; Waiver of Jury Trial and Class Actions

    16.1 Governing Law

    These Terms are governed by and will be construed in accordance with the laws of the State of Florida, without regard to its conflict‑of‑laws principles, except to the extent the law of your state of residence requires otherwise for your protection.

    16.2 Binding Arbitration

    To the fullest extent permitted by applicable law, you and Testdefy or Defy Medical, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) will be resolved exclusively by binding, individual arbitration, and not in a class, representative, or consolidated action or proceeding.

    The arbitration will be administered by a recognized arbitration provider (such as the American Arbitration Association (“AAA”) or JAMS) under its applicable rules for consumer disputes, as modified by this Section. The arbitration will be conducted in Hillsborough County, Florida, or by remote means (such as video conference) if permitted by the arbitration provider.

    Nothing in this Section prevents either party from:

    (a) bringing an individual action in small claims court if the claims are within that court’s jurisdiction; or
    (b) seeking temporary or preliminary injunctive or other equitable relief in a court of competent jurisdiction to protect its rights pending final resolution of the arbitration.

    Nothing in these Terms limits your right to file a complaint with any governmental or regulatory agency where such rights are provided by law.

    16.3 Class Action Waiver

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND TESTDEFY 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

    The arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of representative or class proceeding.

    16.4 Waiver of Jury Trial; Court Venue for Non‑Arbitrable Disputes

    TO THE EXTENT ANY DISPUTE IS PERMITTED TO PROCEED IN COURT RATHER THAN IN ARBITRATION, YOU AND TESTDEFY HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

    To the extent any such non‑arbitrable action is permitted in court, you agree that it will be brought exclusively in the state or federal courts located in Hillsborough County, Florida, and you consent to the personal jurisdiction of such courts.

    17. Entire Agreement

    These Terms and the Privacy Policy, each of which may be revised from time to time according to their respective terms, represent the entire agreement between you and Testdefy with respect to your access to and use of the Services and Content. Specific Services, locations, or programs may be subject to additional and separate requirements, terms, and agreements, which will apply to those Services in addition to these Terms.

    These Terms do not confer any rights, remedies, or benefits upon any person, entity, or third party other than you.

    18. Assignment

    You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent. We may assign our rights and duties under these Terms, in whole or in part, at any time to any third party without notice.

    19. Severability; Waiver

    If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

    Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision, nor of any prior or subsequent breach thereof.

    20. Termination; Survival

    Discontinuation of use of the Services and Content is your sole right and remedy for any dissatisfaction with the Services or Content.

    Testdefy may terminate or suspend your use of or access to the Services or Content at any time and for any reason, with or without notice.

    Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, payment obligations, credits and refunds, limitation of liability, indemnification, disclaimer of warranties, binding arbitration, class action waiver, intellectual property provisions, and use of trademarks) will continue in effect beyond any such termination to the maximum extent permitted by law.

    21. No Joint Venture

    Acceptance of these Terms and your access or use of any Services or Content does not constitute any partnership, joint venture, or agency relationship between you and Testdefy.

    22. Changes to the Services and these Terms

    We may modify, suspend, or discontinue any part of the Services at any time.

    We may revise these Terms from time to time. If we make material changes, we will notify you by posting an updated version on the Services and updating the Effective Date above. Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.

    We will make best efforts to notify users of material changes to these Terms or the Privacy Policy as required by law.

    23. Miscellaneous

    Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, current, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

    Possible evidence of activity or use of the Services for illegal purposes may be provided to law enforcement authorities.

    Any call made to or received from Testdefy or Defy Medical, LLC may be subject to recording for training, quality assurance, or operational purposes.

    24. Force Majeure

    To the fullest extent permitted by applicable law, Testdefy will not be liable for any delay or failure in performance of any part of the Services or its obligations under these Terms to the extent such delay or failure is caused by events, circumstances, or causes beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, labor disputes, strikes, lockouts, civil unrest, war, terrorism, embargoes, governmental orders or regulations, failure of public or private telecommunications networks or internet providers, power outages, failures or delays of laboratories, phlebotomy providers, or shipping carriers, or other similar events.

    If such an event occurs, Testdefy will use commercially reasonable efforts to resume performance as soon as reasonably practicable but will have no obligation to provide a refund or credit except as expressly set forth in these Terms.

    25. Contact Information

    If you have questions about the Services or these Terms, you may contact us at:

    Email: care@defymedical.com
    Phone: 813-445-7342
    Mail: 4809 N Armenia Ave, Unit 220, Tampa, FL 33603

    26. Third-Party In-Home Phlebotomy; Independent Contractors

    Testdefy or Defy Medical, LLC (“Defy”) may contract for in-home or on-site phlebotomy and specimen collection Services (“Phlebotomy Services”) provided exclusively by independent third-party vendors (“Third-Party Phlebotomy Providers”).

    You acknowledge and agree that:

    • Third-Party Phlebotomy Providers are independent contractors, and are not employees, agents, partners, or representatives of Testdefy or Defy Medical, LLC for any purpose.
    • Testdefy or Defy Medical, LLC does not practice phlebotomy, and all Phlebotomy Services are performed solely by the Third-Party Phlebotomy Provider, which is exclusively responsible for the clinical and technical performance of those Services.
    • Testdefy or Defy Medical, LLC does not control, supervise, direct, or manage the methods, clinical decisions, or performance of Third-Party Phlebotomy Providers.

    Any separate terms, conditions, waivers, or consents presented by a Third-Party Phlebotomy Provider are solely between you and that provider and do not modify this Agreement.

    27. Scheduling, Availability, and Delays

    Scheduling of Phlebotomy Services is subject to the availability, routing, and operational constraints of Third-Party Phlebotomy Providers. By using these Services, you acknowledge and agree that:

    • Appointment windows are estimates only and arrival times are not guaranteed.
    • Appointments may be delayed, rescheduled, or canceled due to provider availability, traffic, weather, safety conditions, staffing shortages, or other factors outside Testdefy or Defy Medical, LLC’s control.
    • Laboratory result turnaround times may be affected by delays in specimen collection, transportation, or processing.

    Testdefy staff may assist with coordination or communication as a courtesy; however, Testdefy nor Defy Medical, LLC are liable for any loss, cost, inconvenience, or damages resulting from scheduling changes, delays, or cancellations caused by Third-Party Phlebotomy Providers or laboratories, except as required by applicable law.

    28. Cancellations, Rescheduling, and No-Shows

    Third-Party Phlebotomy Providers may maintain their own cancellation, rescheduling, and no-show policies. By scheduling Phlebotomy Services, you agree that:

    • You are responsible for complying with any cancellation or rescheduling deadlines communicated at the time of booking.
    • If you are not present, provide an incorrect or inaccessible address, or otherwise prevent the completion of the appointment, the Third-Party Phlebotomy Provider may classify the appointment as a no-show and may charge a fee or deem fees non-refundable.
    • Testdefy or Defy Medical, LLC may, in its discretion, pass through such fees or charges to you and is not required to issue any refund where the Third-Party Phlebotomy Provider or laboratory determines the service non-refundable.

    You understand that Testdefy or Defy Medical, LLC does not control and is not responsible for enforcing any Third-Party Phlebotomy Provider’s cancellation, rescheduling, or no-show policies.

    29. Risks and Complications of Phlebotomy Services; Assumption of Risk

    Phlebotomy procedures involve inherent risks, including without limitation: pain, bruising, bleeding, hematoma, infection, inflammation, nerve irritation, lightheadedness, syncope, or other complications, as well as risks associated with having a provider in your home or at another designated location.

    By agreeing to receive Phlebotomy Services, you acknowledge and agree that:

    • You have been informed of, understand, and voluntarily assume all risks, known and unknown, associated with phlebotomy and specimen collection procedures performed by Third-Party Phlebotomy Providers, including any complications that may result.
    • Any adverse event, complication, injury, property damage, or other loss arising out of or relating to the Phlebotomy Services is the responsibility of the Third-Party Phlebotomy Provider, subject to applicable law.
    • You will seek appropriate medical evaluation if you experience any concerning symptoms after the procedure and will promptly notify the Third-Party Phlebotomy Provider of any issues related to their Services.
    • In choosing to use a Third-Party Phlebotomy Provider coordinated through Testdefy, you knowingly and expressly assume the risks associated with those Services and agree that Testdefy or Defy Medical, LLC are not liable for such risks, except to the limited extent such waiver is prohibited by applicable law. 
    • Except to the extent prohibited by applicable law, Testdefy or Defy Medical, LLC  shall not be liable for any alleged gross negligence or intentional misconduct of a Third-Party Phlebotomy Provider.

    Except where prohibited by law, Testdefy or Defy Medical, LLC expressly disclaims all responsibility and liability for injuries, complications, adverse events, or damages resulting from the acts or omissions of Third-Party Phlebotomy Providers.

    30. Allocation of Responsibility; Limitation of Liability

    To the fullest extent permitted by applicable law:

    • Testdefy or Defy Medical, LLC role is limited to coordination and facilitation, and Testdefy or Defy Medical, LLC does not guarantee, warrant, or endorse the quality, safety, timeliness, or suitability of any Third-Party Phlebotomy Provider or their Services.
    • Any malpractice, negligence, or professional liability claim arising from or relating to the performance of Phlebotomy Services must be brought solely against the Third-Party Phlebotomy Provider, to the extent permitted by law.
    • Testdefy or Defy Medical, LLC shall not be liable for any indirect, incidental, consequential, special, exemplary, statutory, or punitive damages, or for any loss of time, wages, travel costs, or other expenses arising out of or related to:
      • delays, rescheduling, or cancellation of Phlebotomy Services.
      • no-shows or missed appointments.
      • errors in specimen collection, handling, or transportation.
      • complications, injuries, or other outcomes related to Phlebotomy Services performed by a Third-Party Phlebotomy Provider.

    If a court of competent jurisdiction nonetheless determines that Testdefy or Defy Medical, LLC is liable in connection with Phlebotomy Services provided by a Third-Party Phlebotomy Provider, Testdefy or Defy Medical, LLC total aggregate liability for all such claims shall be limited to the lesser of:

    1. the amount actually paid by you to Testdefy or Defy Medical, LLC for the specific service giving rise to the claim; or
    2. One Hundred Dollars ($100.00)

    For the avoidance of doubt, this limitation does not increase and is subject to the overall limitation of liability set forth in the ‘Limitation of Liability’ section above.

    31. Phlebotomy-Related Disputes and Mandatory Arbitration

    Phlebotomy-Related Disputes constitute “Disputes” as defined in the Binding Arbitration section above and are fully subject to all of its terms (including the individual-arbitration requirement, class-action waiver, and jury-trial waiver).

    For purposes of these Terms, “Phlebotomy-Related Disputes” means any dispute, claim, or controversy between you and Testdefy or Defy Medical, LLC arising out of or relating to Phlebotomy Services coordinated by Testdefy or Defy Medical, LLC  and performed by a Third-Party Phlebotomy Provider, including claims of negligence, personal injury, property damage, coordination, scheduling, billing, communication, or Testdefy or Defy Medical, LLC  alleged liability for the acts or omissions of a Third-Party Phlebotomy Provider.

    Nothing in this section alters the scope of the Binding Arbitration section or the Limitation of Liability section.