Terms of Service

1. Acceptance of Terms

Welcome to 3 Billion Beats. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and 3 Billion Beats, Inc., a Delaware C-Corporation ("3BB," the "Company," "we," "us," or "our").

These Terms govern your access to and use of our websites (including 3billionbeats.org and 3billionbeats.ai), our mobile application (the "App"), and all related services, features, content, and technology platforms provided by us (collectively, the "Service").

By creating an account, accessing the App, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Service.

2. Description of the Service

3BB provides a technology platform offering health intelligence, data aggregation, and personalized wellness guidance. The Service is designed to empower users with information regarding their cardiovascular health factors. The Service includes:

• Data Aggregation: Integration of data from third-party sources, including laboratory results (via Quest Diagnostics / Fullscript), wearable devices (Dexcom CGM, Apple Health / HealthKit, Oura Ring), imaging reports (Cleerly AI), and genomic data (e.g., MTHFR, COMT variants from raw DNA files).
• AI-Powered Insights: Access to "Corwin," an AI health coach that provides personalized health information via in-app chat, voice, web chat, and SMS text messaging.
• Risk Factor Analysis: Generation of proprietary scores (e.g., "Harmonized SSoT") intended for informational and wellness guidance purposes.
• Nutrition and Lifestyle Tracking: Calorie tracking, food logging (including AI-powered photo recognition), exercise logging, GPS route tracking, and step counting.
• Clinical Service Facilitation: Facilitation of laboratory test ordering and Coronary CT Angiography (CCTA) scheduling and booking through Affiliated Clinical Providers, including insurance coverage verification where applicable.
• Health Content: Articles, forums, guided "Journey" roadmaps, and community features concerning lifestyle, nutrition, and health optimization.

3BB is a Management Services Organization (MSO) and technology provider operating in all 50 U.S. states. We are not a healthcare provider, laboratory, or insurance company.

3. No Medical Advice

4. Relationship with Affiliated Clinical Providers

While the Service facilitates your access to clinical services, these services are not provided by 3BB.

All clinical services — including medical consultations, the ordering and interpretation of laboratory tests, the ordering and interpretation of Coronary CT Angiography (CCTA) imaging, the provision of medical advice, and the development of treatment plans — are provided by independent, third-party, physician-owned professional corporations ("Affiliated Clinical Providers"). The supervising physician is licensed and authorized to practice medicine in all 50 U.S. states.

3BB provides administrative, technological, and management services to the Affiliated Clinical Providers under a Management Services Agreement (MSA). By using the Service, you acknowledge and agree that:

• No Employer-Employee Relationship: 3BB does not employ or control the healthcare professionals associated with the Affiliated Clinical Providers. 3BB does not interfere with or control their independent medical judgment.
• Separate Relationships: You are forming two separate relationships: (i) a technology subscription relationship with 3BB governed by these Terms, and (ii) a patient-provider relationship with the Affiliated Clinical Providers, governed by their respective Notices of Privacy Practices and Consents to Treat.
• HIPAA Authorization: When you sign a Release of Information (ROI) within the App, you are authorizing the release and transmission of your Protected Health Information (PHI) in accordance with HIPAA (45 CFR Parts 160 and 164).
• Liability: 3BB is not liable for any medical advice, diagnosis, treatment, or other professional services rendered by the Affiliated Clinical Providers. Any claims related to clinical services must be directed to the Affiliated Clinical Providers.

5. Insurance and Payment for Clinical Services

A. Insurance Coverage

Certain clinical services facilitated through the Service, including CCTA imaging, may be eligible for coverage by your health insurance plan. If you elect to use insurance:

• You authorize 3BB and the Affiliated Clinical Providers to verify your insurance coverage and submit claims on your behalf.
• You understand that coverage determination is made by your insurance carrier and is not guaranteed by 3BB.
• You are responsible for any copays, coinsurance, deductibles, or amounts not covered by your insurance.
• You may elect to pay as self-pay / cash-pay at any time, regardless of insurance status.

B. Self-Pay Option

All clinical services facilitated through the platform are available on a self-pay / cash-pay basis. Self-pay pricing is disclosed prior to your authorization of the service.

6. Third-Party Services and Data

The Service allows you to integrate data from, and may link to, independent third-party services ("Third-Party Services"), including:

• Laboratories (Quest Diagnostics via Fullscript)
• Wearable devices and health platforms (Dexcom, Apple Health / HealthKit, Oura Ring)
• Imaging services (Cleerly AI, third-party imaging facilities)
• Supplement dispensaries (Fullscript)
• Payment processors (PayPal, Braintree)

You acknowledge and agree that:

• No Responsibility: 3BB is not responsible for the availability, accuracy, completeness, reliability, or timeliness of data provided by Third-Party Services.
• User Authorization: You are solely responsible for obtaining any necessary authorizations or consents required to link these Third-Party Services to our platform.
• No Endorsement: 3BB does not endorse or assume any liability for the services, products, or practices of these third parties. Your interactions with Third-Party Services are governed by their respective terms and privacy policies.

7. Your Account and Security

A. Registration

To access certain features of the Service, you must register for an account. You must be at least 18 years of age to use the Service. You agree to provide accurate, current, and complete information during the registration process.

B. Authentication

The Service utilizes modern, passwordless authentication methods, including Passkeys (managed via services like OwnID) and social logins (e.g., Google, Apple).

C. Responsibility

You are solely responsible for maintaining the confidentiality and security of your authentication credentials (including your Passkeys and the devices they are stored on). You are responsible for all activities that occur under your account. You agree to immediately notify 3BB of any unauthorized use of your account. 3BB is not liable for any loss or damage arising from your failure to comply with these requirements.

8. In-App Account Deletion

In compliance with App Store guidelines, you may initiate the deletion of your account directly within the App. To do so, navigate to the "Profile" or "Settings" section of the App and select the "Delete Account" option.

Upon initiating deletion, your account will be deactivated immediately, and the process to permanently delete your data will begin, subject to our data retention policies and applicable legal requirements (e.g., retention of records related to services provided by Affiliated Clinical Providers, medical records retention laws). Please review our Privacy Policy for more details.

9. Subscriptions, Payments, and Cancellation

A. Subscription Service

The Service operates on a recurring subscription basis ("Subscription"). By purchasing a Subscription, you authorize 3BB to charge the applicable subscription fees to your chosen payment method.

B. Auto-Renewal

C. Billing and Payment Methods

Fees are billed in advance. You must provide a valid payment method. Payments for subscriptions may be processed through Apple App Store, Google Play, or PayPal / Braintree. Payments for lab bundles, CCTA consultations, and other one-time clinical service purchases are processed through PayPal / Braintree. If a payment fails, we may suspend your access to the Service until payment is received.

D. Price Changes

3BB reserves the right to change the subscription fees. We will provide reasonable advance notice of any price changes.

E. Cancellation

You may cancel your Subscription at any time through your account settings in the App or by contacting us. Cancellation will take effect at the end of the current billing period.

F. No Refunds

10. The "Billion Bucks" Virtual Economy

The Service includes a gamified virtual currency system ("Billion Bucks"). Virtual currency earned in the app has no real-world monetary value and cannot be exchanged for cash. 3BB reserves the right to modify, suspend, or terminate the Billion Bucks program at any time.

11. SMS and Text Message Communications

If you opt in to SMS Wellness Messages during onboarding or in your account settings, you consent to receive text messages from 3 Billion Beats at the phone number you provide. These messages may include:

• Health check-ins and wellness reminders from your AI health coach, Corwin.
• Goal reminders and motivational tips.
• Account verification codes for authentication.
• Service-related notifications (e.g., lab order status, appointment reminders).

We will not sell, rent, or share your phone number with third parties for marketing purposes. By opting in, you confirm that you are the owner or authorized user of the phone number provided.

12. Genomic Data

If you upload raw DNA data files to the Service, you acknowledge that:

• Only specific cardiovascular-relevant genetic markers (e.g., MTHFR, COMT) are extracted. Raw files are processed in-memory and are not stored.
• Genomic insights are for informational purposes only and are not clinical genetic test results.
• You should consult a qualified genetic counselor or healthcare provider for clinical interpretation of genetic data.

13. Intellectual Property Rights

The Service and all materials therein, including software, the App, images, text, graphics, logos, patents, trademarks, service marks, copyrights, the "look and feel" of the Service, the AI health coach "Corwin," and the proprietary scoring algorithms (the "3BB Content"), and all Intellectual Property Rights related thereto, are the exclusive property of 3BB and its licensors.

You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any 3BB Content.

14. Data Ownership

You retain ownership of your personal health data. By using the Service, you grant 3BB a limited, non-exclusive license to use your data solely for the purposes described in these Terms and our Privacy Policy. 3BB retains the right to use de-identified, aggregated data for system improvement, research, and product development.

15. Prohibited Conduct

You may not: (i) upload illegal, harmful, or diagnostic-impersonating content; (ii) attempt to reverse-engineer, decompile, or disassemble any part of the Service; (iii) use the Service to provide medical advice to others; (iv) misrepresent your identity or impersonate another person; or (v) use the Service in any manner that violates applicable law.

16. Disclaimer of Warranties

Without limiting the foregoing, 3BB, its subsidiaries, and its licensors do not warrant that:

• The content, including AI-generated information, is accurate, reliable, or correct;
• The Service will meet your health or medical requirements;
• The Service will be available at any particular time or location, uninterrupted, or secure; or
• Any defects or errors will be corrected.

3BB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, INCLUDING THE AFFILIATED CLINICAL PROVIDERS.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3BB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE (EXCEPT FOR 3BB'S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT); (III) ANY MEDICAL OR HEALTH OUTCOMES RESULTING FROM YOUR USE OF INFORMATION OBTAINED THROUGH THE SERVICE OR SERVICES RENDERED BY AFFILIATED CLINICAL PROVIDERS.

IN NO EVENT SHALL 3BB'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID 3BB IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100.00).

18. Indemnification

You agree to defend, indemnify, and hold harmless 3BB and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; or (iv) your violation of any applicable law, rule, or regulation.

19. Governing Law

These Terms shall be governed by and construed in accordance with the internal laws of the State of Delaware, without regard to its conflict of law principles.

20. Dispute Resolution; Arbitration; Class Action Waiver

A. Mandatory Arbitration of Disputes

You and 3BB agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Service (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's intellectual property rights.

B. Class Action Waiver

C. Arbitration Procedures

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect. The arbitration will be held in the State of Delaware, or at another mutually agreed location.

21. Changes to Terms

3BB reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

22. Miscellaneous

A. Entire Agreement / Severability

These Terms, together with the Privacy Policy, constitute the entire agreement between you and 3BB concerning the Service. If any provision of these Terms is deemed invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

B. No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and 3BB's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

23. Contact Information

If you have any questions about these Terms of Service, please contact us at:

3 Billion Beats, Inc.
Email: bbadmin@3billionbeats.org