Terms of Service
Please read these terms carefully before using WhatsAilingMe™.
Last updated: January 1, 2025
Important Medical Disclaimer
WhatsAilingMe™ is NOT a medical provider. We do not diagnose, treat, cure, or prevent any disease or medical condition. Our service provides health analysis and pattern recognition to help you and your healthcare providers explore possibilities. Always consult with a qualified healthcare professional for medical advice, diagnosis, or treatment.
1. Agreement to Terms
By accessing or using WhatsAilingMe™ ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.
These Terms apply to all visitors, users, and others who access or use the Service. By using the Service, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms.
2. Description of Service
WhatsAilingMe™ provides a health analysis platform that:
- Collects comprehensive health information through a guided intake process
- Accepts and analyzes uploaded medical records and documents
- Coordinates laboratory testing through Quest Diagnostics
- Generates a Possibility Report identifying potential health patterns
- Creates a Physician Intake Document for your healthcare providers
- Offers optional ongoing health tracking and monthly re-analysis
Our Role
We provide information and analysis tools. We do not provide medical diagnoses, treatment recommendations, or medical advice. Our reports are designed to support—not replace—the relationship between you and your healthcare providers.
3. User Accounts
When you create an account with us, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of these Terms.
You are responsible for:
- Safeguarding your account password
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
- Ensuring all information you provide is accurate and truthful
4. Fees and Payment
Initial Analysis
The WhatsAilingMe™ Complete Package is a one-time fee of $750, which includes:
- Comprehensive health intake questionnaire
- Laboratory testing (85+ markers) through Quest Diagnostics
- Analysis of your health information and uploaded records
- Your Possibility Report
- Physician Intake Document
Optional Subscription
After completing your initial analysis, you may optionally subscribe to our ongoing service for $5/month, which includes:
- Ability to upload new medical records
- Health update logging
- One re-analysis per month
Payment Terms
- All fees are in US dollars and are non-refundable except as described in our Refund Policy
- Payment is due at the time of purchase
- Subscription fees are billed monthly and may be cancelled at any time
- We reserve the right to change our pricing with 30 days notice
5. Refund Policy
We want you to be satisfied with our service. Our refund policy is as follows:
- Before lab work: Full refund available if you have not yet completed laboratory testing
- After lab work, before reports: Partial refund (less laboratory costs) available
- After reports delivered: No refund available, as the service has been fully rendered
- Subscription: Cancel anytime; no refunds for partial months
To request a refund, contact us at support@whatsailingme.com.
6. User Responsibilities
By using our Service, you agree to:
- Provide accurate and complete health information to the best of your knowledge
- Only upload medical records that belong to you or for which you have legal authority
- Use the Service only for its intended purpose of personal health analysis
- Consult with qualified healthcare providers for medical decisions
- Not rely solely on our reports for medical decisions
- Keep your account credentials secure
- Comply with all applicable laws and regulations
7. Prohibited Uses
You may not use the Service:
- For any unlawful purpose or in violation of any laws
- To upload or transmit viruses, malware, or other harmful code
- To impersonate another person or entity
- To upload health information belonging to others without authorization
- To attempt to gain unauthorized access to our systems
- To interfere with or disrupt the Service
- To resell, redistribute, or commercially exploit the Service
- To use automated systems to access the Service without permission
8. Intellectual Property
The Service and its original content, features, and functionality are owned by WhatsAilingMe™ and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
You retain ownership of all health information and medical records you provide. By uploading content, you grant us a limited license to use that information solely for the purpose of providing our Service to you.
The reports we generate for you are provided for your personal use. You may share them with your healthcare providers but may not commercially distribute or resell them.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; (C) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
OUR REPORTS AND ANALYSES ARE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT RECOMMENDATIONS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHATSAILINGME™ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
WE ARE NOT LIABLE FOR ANY MEDICAL DECISIONS MADE BASED ON INFORMATION PROVIDED THROUGH OUR SERVICE. YOU ACKNOWLEDGE THAT MEDICAL DECISIONS SHOULD BE MADE IN CONSULTATION WITH QUALIFIED HEALTHCARE PROVIDERS.
11. Indemnification
You agree to defend, indemnify, and hold harmless WhatsAilingMe™ and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) any content you provide through the Service.
12. Third-Party Services
Our Service integrates with third-party services, including:
- Quest Diagnostics: For laboratory testing services
- Payment processors: For secure payment handling
These third-party services have their own terms and privacy policies. We are not responsible for their practices or content. Your use of third-party services is at your own risk.
13. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms.
You may terminate your account at any time by contacting us. Upon termination:
- Your right to use the Service will immediately cease
- We may retain certain data as required by law or for legitimate business purposes
- Provisions that by their nature should survive termination will survive
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.
15. Dispute Resolution
Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@whatsailingme.com. We will attempt to resolve the dispute informally within 60 days.
If we cannot resolve the dispute informally, you agree that any dispute will be resolved through binding arbitration in accordance with the American Arbitration Association rules, except that either party may seek injunctive relief in court for intellectual property matters.
16. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the new Terms, please stop using the Service.
17. Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions will continue in full force and effect.
18. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and WhatsAilingMe™ regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.
19. Contact Us
If you have questions about these Terms of Service, please contact us: