Practitioner Terms of Use

These Terms of Use are an agreement between MaxGen Labs ("we", "us") and the practice that holds a practitioner account on this portal, and each person who signs in under that account ("you"). They cover the practitioner portal at https://portal.maxgenlabs.com, including accounts served under the MethylGenetic Nutrition program, the Symptom Explorer and Gene Explorer, the printed summaries, the patient invitation and sharing features, and every order, kit, result and invoice handled through the portal. Please read them. By signing in and accepting below you agree to them, and if you are the practice's authorized signer you accept them on behalf of the practice.

1. Your account and the people who use it

One login per person. Each person who uses this portal signs in with their own credentials and accepts these terms personally. Logins are not to be shared, and the practice is responsible for every action taken under a login it has authorized.

Your roster is your workforce. The practice confirms that every person it adds to its roster is part of its workforce or is otherwise authorized to see the practice's patient information, and that it will remove a person's access promptly when they leave or change roles. Until the practice removes an account, we treat its actions as the practice's.

Keep it secure. You will keep your credentials private, use the multi-factor sign-in the portal requires, sign out on shared computers, and tell us at help@maxgenlabs.com right away if you believe a login has been compromised.

2. What the portal is, and what it is not

A laboratory portal. MaxGen Labs is a clinical laboratory. The portal delivers the laboratory results and reports for samples your practice submits, lets you manage orders and kits, and provides tools that help you read those results.

Decision support, not a diagnosis. The Symptom Explorer, Gene Explorer, printed summaries and related content rank a patient's genetic variants against the symptoms you enter and show nutrient forms, foods, lifestyle notes, laboratory tests and safety notes drawn from published literature and from computational inference. They support your independent clinical judgement. They do not diagnose, treat, cure or prevent any disease, and nothing in them is a treatment plan, a prescription, or a substitute for your own evaluation of the patient.

Starting points, not values. Any dose, range or "optimal" laboratory target shown is a literature-derived starting point used in nutrition practice. An "optimal" band is not a laboratory reference range, not a laboratory value, and not a diagnosis of any condition. You decide what, if anything, applies to the patient in front of you, and you confirm every marker before you escalate a supplement.

Check the basis. Much of the content is labelled inferred, weak or moderate evidence. Sources and rationale are shown so you can review them. The content may be incomplete or contain errors, and it changes between versions as the science and our reference data change. Verify against primary sources before you act.

Not a medical device. The explorers and summaries are not cleared or approved by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease. Supplement-related content is educational and is not an evaluation by the FDA.

3. You are the practitioner of record

Licence and scope. You confirm that you hold a current, unrestricted licence to practise in the state where the patient is located, and that recommending supplements, dietary changes or laboratory tests based on these results is within your scope of practice under that state's law.

Your decisions are yours. For every patient whose results you open, you are the clinician of record. You are responsible for every clinical decision, recommendation, prescription and communication you make, including anything you print or hand to a patient under your practice's name and logo, and for obtaining any consent the patient's care requires.

Testing consent. You are responsible for obtaining the patient's informed consent to genetic testing before you submit a sample, in the form your state and your profession require. The portal does not replace that consent.

4. Your patients and their information

Protected health information. Results, reports, names, dates of birth and the symptoms you record are protected health information. You will handle everything you see or download here under HIPAA, your state's law, and your own practice's policies, and you will access only what your work for that patient requires. We handle it as the laboratory that performed the testing; any business associate agreement between us, if one is required, is a separate document and is not created by these terms.

No employment or insurance use. You will not use genetic results to make employment decisions, and you will not disclose them to an employer, a health plan or an insurer except as the patient directs or the law requires. The Genetic Information Nondiscrimination Act and state law restrict such uses.

Invitations. When you invite a patient to their own results, you confirm that the email address you enter belongs to that patient (or to their parent, guardian or authorized representative), that you are permitted to disclose their results to that address, and that you have verified it. An invitation sent to the wrong address is a disclosure you made.

Previews and prints. The "preview as the patient" and client-summary features show you and print exactly what the patient will see. What you hand to a patient is your communication to your patient.

5. Orders, kits, results and billing

Kits and orders. Kits ordered through the portal are for use by your practice with your patients. You are responsible for correct patient identification, sample collection according to the kit instructions, and accurate information on the requisition.

Results. The official result is the laboratory report we release. Turnaround times are estimates. A sample may be held, rejected or require re-collection; we will tell you through the portal or by email. Some variants may be reported as not called, pending or not reportable.

Invoices and payment. The practice is responsible for the fees for kits, tests and services it orders, at the prices in effect when the order is placed, and for the payment terms on its invoices. We may suspend ordering or portal access for an account that is past due.

MethylGenetic Nutrition program. Accounts served under the MethylGenetic Nutrition program are subject to these same terms and to any written program terms and pricing we provide for that program. Any supplement dispensary or product links shown in the portal go to third parties; their terms and prices are theirs, and we do not sell supplements.

6. Licence and intellectual property

Your licence to use the portal. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the portal and its content for your practice's care of its own patients. You will not copy, scrape, extract, resell, sublicense or redistribute the reference content, the explorer data or the software; reverse engineer the portal; use automated tools against it; or attempt to reach any account, sample or record that is not yours.

Our content. The portal, its software, the reference data, the explorer content, the report formats and the MaxGen Labs and MethylGenetic Nutrition names and marks belong to us or our licensors. Laboratory reports for your patients are yours to keep and use for their care.

Your logo. When you upload your practice's logo or details for printed summaries, you give us permission to reproduce them on those summaries, and you confirm you have the right to use them.

7. Audit, security and telemetry

Every sign-in, every view of a patient's results, every download, invitation, preview and print is recorded with your identity, the time and your network address, and kept as part of our audit trail for at least six years. We also keep counts of how the portal's features are used, without patient details, to operate and improve it. Staff of MaxGen Labs may open a practice's records or preview a practice's portal to support it; those actions are recorded as the staff member's.

8. Availability, changes and support

We work to keep the portal available, but we do not promise uninterrupted or error-free service, and we may change, suspend or retire features, content or the reference data. Support is available at help@maxgenlabs.com. We are not responsible for your internet connection, devices or software, or for delays outside our control.

9. Disclaimers

To the fullest extent the law allows, the portal, the explorers, the summaries and the reference content are provided "as is" and "as available", without warranties of any kind, express or implied, including any warranty of accuracy, completeness, fitness for a particular purpose or non-infringement. This does not limit any warranty or duty that applies to the laboratory testing itself under the law that governs clinical laboratories.

10. Limitation of liability

To the fullest extent the law allows, MaxGen Labs and its owners, staff and suppliers are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data or goodwill, arising from the portal or its content, however caused. Our total liability for all claims arising from the portal or these terms is limited to the fees your practice paid us in the twelve months before the claim. Nothing in these terms limits liability that cannot be limited under the law that applies, including liability for our own gross negligence or wilful misconduct.

11. Indemnity

You and the practice will defend and indemnify MaxGen Labs and its owners, staff and suppliers against claims, losses and expenses (including reasonable attorneys' fees) arising from your clinical decisions and communications with patients; your breach of these terms, of HIPAA or of state law; an invitation or disclosure you sent to the wrong person; or a person on your roster acting outside their authority.

12. Term, suspension, termination and your data

These terms apply for as long as your practice holds an account. We may suspend or end access for a login or a practice that breaches these terms, endangers patient information, or is past due, and we may end the agreement on written notice. The practice may close its account by writing to help@maxgenlabs.com. For ninety days after closure you may ask us for copies of your patients' laboratory reports; after that we keep laboratory records only as the law that governs clinical laboratories requires, and we delete or de-identify the rest under our Privacy Notice. Sections 4, 6, 7 and 9 through 14 survive termination.

13. Governing law and disputes

These terms are governed by the laws of the state in which MaxGen Labs is organized, without regard to its conflict-of-law rules. Before either of us starts a legal proceeding, we will try in good faith to resolve the dispute by discussion for at least thirty days after one of us gives the other written notice of it. Nothing here prevents either of us from seeking an injunction to protect patient information or intellectual property.

14. Changes to these terms

When we change these terms in a way that matters, we will ask you to accept the new version the next time you sign in; the version date appears at the top. If you do not agree, do not continue to use the portal and write to us to close the account. Your continued use after accepting a new version means you agree to it.

15. Contact

Questions about these terms, the portal or your account: help@maxgenlabs.com. Our Privacy Notice, Notice of Privacy Practices and Accessibility Statement are linked from every page of the portal.