Telehealth Terms of Service
Effective Date: Oct 4, 2023
These “Telehealth Terms of Service” supplement the terms and conditions set forth in the 23andMe Terms of Service, which more broadly govern your use of all of 23andMe’s Services. Please read the Terms of Service carefully—they include important provisions, including limitations on our liability, and where permitted by applicable law, an arbitration agreement, and a class action waiver.
All capitalized terms not defined in these Telehealth Terms of Service have the respective meanings set forth in our Terms of Service. To the extent any provision of these Telehealth Terms of Service conflicts with any provision of our Terms of Service, these Telehealth Terms of Service will supersede the Terms of Service to the extent of the conflict only.
PLEASE READ THESE TELEHEALTH TERMS OF SERVICE CAREFULLY. BY ENGAGING IN TELEHEALTH SERVICES COORDINATED BY 23ANDME, YOU ARE AGREEING TO THESE TELEHEALTH TERMS OF SERVICE. YOU MUST ALSO AGREE TO THE PROVIDERS’ (AS DEFINED BELOW) CONSENT TO TELEHEALTH AND ACKNOWLEDGE RECEIPT OF THE MEDICAL RECORD PRIVACY NOTICE, OTHERWISE THE PROVIDERS WILL NOT BE ABLE TO PROVIDE TELEHEALTH SERVICES TO YOU.
1. INTRODUCTION TO TELEHEALTH SERVICES
Telehealth involves the delivery of healthcare using email, telephone and other information technology-enabled means between a healthcare provider and a patient who are not in the same physical location, and may include care involving diagnosis and treatment and other follow-up clinical care, including laboratory testing and prescription (“Telehealth Services”). 23andMe, Inc. (“23andMe”) customers have an opportunity to participate in Telehealth Services coordinated through 23andMe and its service providers, subsidiaries, and affiliates, including Lemonaid Health, Inc., which contracts with licensed healthcare providers (“Providers”) to offer the Telehealth Services at 23andme.com and associated mobile applications (collectively, the “Site”).
23andMe makes website and mobile app features, and other products and services available to you when you visit the Site, use 23andMe’s telehealth-related products or services, interact with a Provider via our Site, or interact with or communicate through 23andMe products or services. Providers on our Site may create and gather healthcare records and information, and we provide administrative support in connection with scheduling visits, payment for Telehealth Services, and communications between you and the Providers.
General Information Available on the Site is Not Professional Advice. Telehealth Services are not for Emergency Situations.
TELEHEALTH SERVICES ARE NOT AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON SHOULD DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONDER.
Your Relationship with 23andMe. 23andMe does not provide any medical services; we provide a technology platform for you to access a Provider on our Site. Except as otherwise described in this section, materials available on the Site for Telehealth Services, including all data, information, text, graphics, links, and other material made available to you, are provided as a convenience to you. The information provided on the Site is for general informational and educational purposes only. Other than the personalized content sent to you directly by a Provider or the personalized advice a Provider offers verbally during a visit, you should not consider content on the Site to be the provision or practice of medical or professional healthcare advice and you should not use such content for diagnosis or treatment of any condition or symptom.
The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the Provider; you are not entering into a provider-patient relationship with 23andMe. 23andMe does not practice medicine or nursing, and does not control, interfere with or otherwise influence the exercise of the Providers’ professional judgment in providing healthcare services. Each Provider is responsible for exercising their own professional judgment and complying with all requirements applicable to their profession and license.
2. ELIGIBILITY, AVAILABILITY, AND APPROPRIATE USE OF TELEHEALTH SERVICES
Eligibility and Availability. Similar to 23andMe’s other services, Telehealth Services offered through the Site are intended and only suitable for individuals 18 years of age and above. 23andMe, Lemonaid Health, Inc. and the Providers hereby disclaim all liability for use of Telehealth Services by individuals under the age of 18. Additionally, specific age restrictions may apply based on clinical service and are subject to change.
Telehealth Services are intended to be used by individuals located in the United States only. Accordingly, you may only use Telehealth Services from a device located in the United States. Because Telehealth Services are subject to state regulations, certain offerings may not be available in every state, or may change from time to time depending on applicable law.
Agreeing to the Telehealth Terms of Service requirements does not guarantee that you will receive Telehealth Services; 23andMe and the Providers each reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing notice to you with respect to offering and delivery of the Telehealth Service. Please see the Consent to Telehealth for more information.
Appropriate Use. You may not transfer or share your account password with anyone or create more than one account or profile for use of Telehealth Services. You may not use anyone else’s account or profile at any time to access Telehealth Services. Creating more than one account or profile substantially limits our ability to coordinate appropriate care because we have no way of linking your various accounts or profiles, and no way of knowing that previous registrations relate to you.
You may not access or use, or attempt to access or use, Telehealth Services to take any action that could harm us or any third party, interfere with the operation of Telehealth Services or use Telehealth Services in violation of applicable laws.
At 23andMe, privacy is in our DNA, and we and the Providers understand the importance of confidentiality and privacy of your medical information. If you engage in the Telehealth Services, the Medical Record Privacy Notice will govern privacy and security of information in your medical record and is incorporated here by reference.
4. TERMINATION AND MODIFICATION
We reserve the right, in our sole discretion, to make changes to or end access to Telehealth Services at any time, and suspend use of Telehealth Services to anyone for any reason, including for violations of the Telehealth Terms of Service. Subject to applicable law, we reserve the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to the internal record retention and/or content destruction policies of 23andMe or Provider, as applicable.
If you have used Telehealth Services, deleting your 23andMe account will also end your access to Telehealth Services.
After any such termination, 23andMe will have no further obligation to coordinate the Telehealth Services, except to the extent a Provider is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical and professional obligations to you. Applicable terms in the Terms of Service and the following additional provisions of these Telehealth Terms of Service survive the expiration or termination: Third Party Goods and Services and Disclaimer of Liability.
5. MOBILE ALERTS AND EMAIL COMMUNICATIONS
You agree that 23andMe, Lemonaid Health, Inc., the Providers, and their respective subsidiaries, representatives, affiliates, officers and directors may contact you by email, telephone or text messages at any of the phone numbers provided by you or on your behalf in connection with your account, including for marketing purposes where permitted by law. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services.
You further acknowledge that we may call or text you without your prior express consent for the purpose of delivering healthcare-related messages. There is no charge from us for this service, but your service provider’s message and data rates may apply.
You also understand that you may opt out of receiving text messages from us at any time by replying “STOP” to any text message that you receive from us using the device that is receiving the messages. If you do not choose to opt out, we may contact you as outlined in the Medical Record Privacy Notice.
You understand that while 23andMe takes the privacy and the security of your health and other sensitive information very seriously, 23andMe cannot guarantee the transmission of information over the internet and mobile networks is fully secure. Text messages and emails that you send to or receive from 23andMe are not encrypted, which means that it is possible they may be intercepted by third parties. You should not text or email health or other sensitive information. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk.
Cash-pay (no insurance is accepted). Neither 23andMe nor the Providers accept commercial health insurance plans, are in-network with any commercial health insurance plans, or are enrolled with federal or state healthcare programs, such as Medicare and Medicaid. By choosing to use the Telehealth Services, you are specifically choosing to obtain products and services on a cash-pay basis.
Notice of Financial Responsibility. You are solely responsible for the costs of any Telehealth Services or products provided to you. You understand and agree that you are responsible for all fees due to receive Telehealth Services, including any fees charged by the Providers or organizations, including any third parties, that provide services to you in connection with the Telehealth Services. 23andMe may collect the payment to Providers, or organizations that provide services to you, on their behalf. 23andMe and/or the Providers or organizations, including pharmacy services, have no obligation to provide any Telehealth Services unless and until full payment has been received and/or verified.
No Refunds. Please refer to 23andMe’s Return and Refund Policy.
7. LABORATORY SERVICES
If you receive approval for a laboratory test from a Provider, you give us consent to disclose to the relevant laboratory certain Personal Information (such as your name and date of birth) and your Sample Information so that you may receive the laboratory services. The laboratory may retain your Sample Information and results subject to applicable law.
8. PHARMACY SERVICES
If you receive a prescription from a Provider, you understand and agree that 23andMe and the Provider’s responsibility for any purchased product ends once the prescription product has been delivered to the common carrier. You may also choose to have your prescription fulfilled through the pharmacy of your choice when prompted during your use of the Telehealth Services. Moreover, you give us consent to disclose to the relevant pharmacy all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services. Prescriptions may not be delivered in child-proof packaging, and must be kept out of the reach of children.
9. THIRD-PARTY GOODS AND SERVICES
Parties other than 23andMe, including labs, pharmacies and Providers, may provide services or sell products through 23andMe (collectively, “Third-Party Good and Services”). Your use of any Third-Party Goods and any interactions with Third Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third Parties. You should read the terms and conditions, including privacy policies, of any third parties to understand the terms governing your use of their services or products.
10. DISCLAIMER OF LIABILITY FOR TELEHEALTH SERVICES
23ANDME HAS NO RESPONSIBILITY AND HEREBY DISCLAIMS ANY LIABILITY FOR TELEHEALTH SERVICES OFFERED OR DELIVERED BY A PROVIDER. EACH PROVIDER MAY CHANGE OR DISCONTINUE THE TELEHEALTH SERVICES AT ANY TIME, AND 23ANDME HAS NO OBLIGATION TO PROVIDE NOTICE TO YOU.