Practitioner Terms of Service--Supplement

This Supplement applies to every Certified Practitioner and to any person accessing or interpreting 3X4 Services under the supervision of a Certified Practitioner across all the Brands. This is a Supplement to the Terms of Service (capitalized terms used herein shall have the meanings ascribed thereto in the Terms of Service), by which the Certified Practitioner is bound.

1. Definitions

In this document, unless the context indicates otherwise:

“3X4 Portal” refers to the website at address https://3x4genetics.com and/or at address https://kit.3x4.io, accessible by you via a secure login, through which a Certified Practitioner orders Tests, manages client records and accesses 3X4 Results.

2. Practitioner Eligibility. You represent that you have entered a Master Services Agreement with 3X4 and are in compliance with its requirements.

3. Ordering for Clients

3.1 Before placing an order for a Test for a client, or providing a client with a Kit, you are responsible for obtaining that client's informed consent, including consent to the genetic processing described in the Terms of Service and the applicable Privacy Policy.

3.2 When you order for a client, 3X4 will (a) deliver a Kit to the client address you provide, (b) arrange laboratory processing, and (c) provide you with an electronic version of the client's 3X4 Results via the Portal. The sale, cancellation, refund, Sample-failure, replacement-Kit and handling-fee provisions in Section 9 of the Terms of Service apply to client orders, read with the practitioner-specific points below.

3.3 Where a client needs an additional Kit because the original was lost, destroyed, contaminated, mislabeled or mis-registered, 3X4 can deliver a replacement for a nominal handling fee plus shipping (contact network@3x4genetics.com). Where the laboratory cannot process a client's Sample, 3X4 will deliver a replacement Kit at no charge.

3.4 Refunds are made to you or your client as applicable, in full where 3X4 cancels or where the Sample cannot be processed within the applicable attempt-limit.

4. Your Role in Assuring 3X4 Quality and Privacy Standards

4.1 By becoming a Certified Practitioner, you agree to make best efforts to assure 3X4’s quality and privacy standards.

4.2 If you or your client orders a 3×4 Test, you agree that you are ready to provide them with a positive Genetic Test experience. You agree that:

4.2.1 You are ready to explain to your client what information the Genetic Test provides and what information it does not provide,

4.2.2 You are ready to interpret your client’s 3X4 Results,

4.2.3 You will provide the client with a consultation on its 3X4 Results within a reasonable timeframe, and

4.2.4 You will ensure that your client receives its 3X4 Results within a reasonable timeframe.

4.3 If you feel you have not received adequate training to provide a positive Genetic Test experience, you agree not to do a Consultation with your client on their 3X4 Results. We encourage you to reach out to 3X4 if you do not feel ready to interpret your client’s 3X4 Results.

4.4 Your and your client’s Personal information including Genetic Information is only available via your secure 3X4 Portal, which is protected by your unique password. You therefore agree to use best practices to create and update your password and do not share it with anyone else.

4.5 You agree not to change any client information on the 3X4 Portal without your client’s consent.

4.6 You agree that once you have downloaded or saved any of your client’s personal or genetic information, you are fully responsible to keep it protected. 3X4 cannot assume any liability for information that has been compromised when it is out of 3X4’s control.

4.7 You take responsibility for any applicable state licensures for ordering and to abide by regulations including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA)(as amended and revised, including but not limited to the Health Information Technology for Economic and Clinical Health (HITECH) Act) to the extent applicable to you, except that with respect to South African practitioners, you shall comply, to the extent applicable to you, with POPIA (as a Responsible Party or Operator within the meaning of POPIA in your own right for the client data you hold) and applicable Health Professions Council of South Africa requirements.

4.8 If you use a 3X4 Portal where multiple practitioners within your practice have shared access to the practice’s client records, you are responsible for ensuring that clients’ records are only accessed when appropriate.

4.9 We recommend that your client understands the implications of receiving genetic results.

4.9.1 Your client learning about his or her genetic results is irreversible and therefore is a decision that should be taken seriously.

4.9.2 The information your client receives may be disturbing or negative and may have serious and far-reaching ramifications.

4.9.3 It is best that all clients speak to a Practitioner, trained in genetics, before embarking on a journey to discover their genetic results.

4.10 We recommend that your client understands the implications of sharing their genetic results.

4.11 We recommend that your client understand the meaning of their genetic information that is provided in the 3X4 Report.

5. Intellectual Property Rights

5.1 You shall make full and prompt written disclosure to 3X4 of any inventions or processes, as such terms are defined in 35 U.S.C. § 100, that constitute Work Product, whether or not such inventions or processes are patentable or protected as trade secrets. You shall not disclose to any third party the nature or details of any such inventions or processes without the prior written consent of 3X4. Any patent application for or application for registration of any Intellectual Property Rights in any Work Product that you may file will belong to 3X4, and you hereby irrevocably assign to 3X4, for no additional consideration, your entire right, title, and interest in and to such application, all Intellectual Property Rights disclosed or claimed therein, and any patent or registration issuing or resulting therefrom.

5.2 As between you and 3X4, 3X4 is, and will remain, the sole and exclusive owner of all right, title, and interest in and to any documents, specifications, data, know-how, methodologies, software, and other materials provided to you by 3X4 ("Company Materials"), and all Intellectual Property Rights therein. You have no right or license to reproduce or use any Company Materials except to the extent necessary to perform your obligations under this Supplement and Terms of Service. All other rights in and to the Company Materials are expressly reserved by 3X4. You have no right or license to use3X4's trademarks, service marks, trade names, logos, symbols, or brand names.