Terms of service

Terms of Service for the Tally Health Website, Products and Membership Programs

Effective Date: April 29, 2026

The following Terms of Service (the “Terms of Service”) govern your use of the website(s) (the “Website(s)”) owned and operated by Tally Health, a brand owned and operated by IE Tally Holdings, LLC, an affiliate of TruDiagnostic, Inc. (“Tally Health”, “us” or “we”) as well as your purchase of specified products from Tally Health (“Products”) and participation in Tally Health membership programs (“Program(s)”).

We may, in our sole and absolute discretion, cancel, change, suspend or modify the Website, Programs or these Terms of Service at any time. By accessing or using any part of the Website, purchasing Tally Health products or subscribing to a Program, you agree to these Terms of Service.

PLEASE BE AWARE THAT THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. SEE SECTION 19, BELOW, FOR MORE DETAILS.

1. Authorized Use of Website and Programs

This Website, the Products and Programs are provided for your personal and non-commercial use. Any other use of the Website, Products or Programs requires the prior written consent of Tally Health.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, manipulate, reproduce, store or distribute content available on the Website or through the Programs. You may not take any action to interfere with, or disrupt, the Website or any other user’s use of the Website, including circumventing security or user authentication measures.

2. Proprietary Rights

Tally Health is the owner of or otherwise licensed to use all parts of the Website, the Programs and the Products, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein (“Tally Content”).

Feedback. If you submit feedback or an unsolicited idea to Tally Health, you understand and acknowledge that such idea is not submitted in confidence and that Tally Health shall exclusively own all known or hereafter existing rights to submitted ideas and feedback.

3. Registration and Passwords

In order to participate on this Website, register for a Program or receive the results of a TallyAge test you will need to create an account. All information submitted by you must be truthful. You are responsible for the security of your username and password. To understand how we use information collected from you, please read our Privacy Policy, the terms of which are incorporated herein.

We may suspend or terminate your access at any time with or without notice.

4. Terms of Purchase

To be eligible to purchase Products from Tally Health or to become a member of a Program, you must be a resident of the fifty (50) United States or the District of Columbia and at least eighteen (18) years of age. Note we are currently unable to ship to an Army Post Office. Purchase of Tally Health Products and membership in Tally Health Programs is void where prohibited by law.

You authorize Tally Health or its designated payment processor to charge your payment provider for any Product purchases or Program membership fees.

5. TallyAge Tests — Shipping, Delivery, and Sample Processing

All TallyAge™ tests are shipped Monday through Friday via USPS. All shipments are at your own risk.

Processing of Samples and Disclosure of Results.

You grant permission to Tally Health, its affiliates, contractors, successors, and assignees to analyze the submitted sample and you specifically request Tally Health to disclose to you the results of the analysis of the sample in accordance with these Terms of Service.

You grant permission to Tally Health, its affiliates, contractors, successors, and assignees to store information about your sample and use such information for future research purposes.

You understand that by providing any sample, having your information processed, accessing your information, or providing information, you acquire no rights in any research or commercial products that may be developed by Tally Health, its affiliates, contractors, successors, and assignees.

Tally Health may share de-identified sample data and research results with its affiliates, including its parent company, for use in epigenetic research programs, in accordance with applicable law, including any required HIPAA research authorizations, and subject to the Privacy Policy then in effect.

6. Programs — Subscription, Renewal, and Cancellation

Unless you cancel prior to the end of the monthly membership term in accordance with these Terms of Service, your membership in a Program will automatically renew on a monthly basis and you will be charged the applicable monthly Program membership fee.

Membership fees for Programs are non-refundable and will be billed on a monthly basis to your chosen payment method on file. You authorize Tally Health to charge your chosen payment method on a recurring basis until you cancel your membership or Tally Health suspends, ends or otherwise terminates your access to the applicable Program.

How to Cancel and Pause Your Membership. You may pause or cancel your Program membership by going to “Subscription Details” within your Account. To avoid further charges, your cancellation request must be submitted 3 days before the start of the next Subscription Period.

7. Prohibited Conduct

Tally Health expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Website or while using the Website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to the Website or to other users anything that:

• Is defamatory, abusive, obscene, profane or offensive;
• Infringes or violates another party’s intellectual property rights, rights of publicity or rights of privacy;
• Promotes violence or is threatening, harassing, or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• Is inaccurate, false, or misleading in any way, or constitutes impersonation of another person;
• Is illegal or promotes illegal activities;
• Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• Contains any advertising, solicitation, or promotional materials.

8. Your Representations

You acknowledge, agree and represent that:

• You may not sell, transfer, assign, license, sublicense, or modify any Tally Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Tally Content in any way for any public, medical, commercial or unauthorized purpose.
• All information provided by you to Tally Health is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
• You will not use the Program, the Website or Tally Content for any purpose that is unlawful or prohibited by these Terms of Service.
• Any sample you provide to Tally Health is your own, and you are the registered member of the account associated with the sample.
• You will follow all guidance and instructions that Tally Health provide to you, including in these Terms of Service, and any additional terms, instructions and requirements on the Website or in the TallyAge test.
• You will not resell a TallyAge test, Tally Content or any products associated with the Program.
• You acknowledge and agree that by submitting a biological sample, you authorize Tally Health and its affiliates to store and process your genetic and epigenetic data as described in the Privacy Policy and these Terms of Service. You understand that certain state laws may provide you with rights with respect to your genetic data, and nothing in this agreement is intended to waive rights that cannot be waived under applicable law.

9. Corrections

We attempt to be as accurate as possible and eliminate errors; however, we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. We reserve the right to correct such errors and revise your order accordingly if necessary (including charging the correct price) and/or cancel your order and refund any amount charged.

10. Disclaimers; Limitation of Liability

THE PROGRAMS, PRODUCTS AND WEBSITE ARE NOT INTENDED TO DIAGNOSE ANY CONDITION OR DISEASE, ARE NOT INTENDED TO BE USED FOR ANY DIAGNOSTIC PURPOSE AND DO NOT CONSTITUTE A DIAGNOSTIC TEST. THE PROGRAMS, PRODUCTS AND WEBSITE ARE NOT SUBSTITUTES FOR PROFESSIONAL MEDICAL ADVICE. THE PROGRAMS, PRODUCTS AND WEBSITE ARE SOLELY FOR EDUCATIONAL AND WELLNESS PURPOSES.

IN NO EVENT WILL TALLY HEALTH BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, TALLY HEALTH’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CAUSES WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TALLY HEALTH IN CONNECTION WITH THE APPLICABLE PRODUCT OR PROGRAM DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.

11. Waiver By California Residents

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING.

12. Third Party Links

This Website may contain links to other websites or applications not maintained by Tally Health. We are not responsible for the practices or the content of such other websites or apps.

13. Indemnity

You agree to indemnify, defend and hold harmless Tally Health, its affiliates, and each of their respective employees, directors, officers, agents, business partners, subsidiaries, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) your use of any products or services purchased through the Website, (ii) any breach by you of any of these Terms of Service, our Privacy Policy, or applicable law, or (iii) any information you provide to Tally Health or your use or disclosure of any information you receive from Tally Health.

14. Force Majeure

Tally Health shall not be liable for any delay or failure to perform our obligations due to any cause beyond Tally Health’s reasonable control including, without limitation, fire, flood, insurrection, earthquake, power failure, governmental action, acts of terrorism, riot, explosion, embargo, strikes, labor or material shortage, transportation interruption of any kind, work slowdown, epidemics, pandemics, or third party equipment or software.

15. Severability

If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service.

16. Waivers and Remedies

The failure of Tally Health to partially or fully exercise any rights or the waiver of Tally Health of any breach of these Terms of Service by you shall not prevent a subsequent exercise of such right.

17. DMCA Notice

It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website. All DMCA notices should be sent to our designated agent at hello@tallyhealth.com.

18. International Access

Our Website is provided from the United States of America and all servers that make it available reside in the U.S.A. We make no representations regarding the legality of this Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

19. Resolution of Disputes

1. Governing Law. The laws of the State of Kentucky shall govern these Terms of Service.
2. Arbitration. While we will make reasonable efforts to resolve any disagreements you may have with Tally Health, if these efforts fail you agree that all claims, disputes or controversies between you and Tally Health arising out of these Terms of Service, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration.

Prior to initiating any arbitration or court proceeding, the parties agree to first attempt to resolve any dispute informally. Either party may initiate informal dispute resolution by sending written notice describing the nature of the claim and requested relief. The parties shall use best efforts to settle the dispute through consultation and good faith negotiations for a period of thirty (30) days from the date the notice is received. If the dispute is not resolved within this thirty (30) day period, either party may proceed to binding arbitration as set forth below.

The party filing arbitration must submit Claims to JAMS and follow the JAMS Streamlined Arbitration Rules and Procedures for initiating and pursuing arbitration. Any in-person hearing will be held in the same city as the U.S. District Court closest to your then-current residential address.

The arbitrator shall apply Kentucky law consistent with the Federal Arbitration Act.

Class Action Waiver. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TALLY HEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

30-Day Right to Opt Out. You have the right to opt out of the arbitration and class action waiver provisions by sending written notice of your decision to opt out to hello@tallyhealth.com within thirty (30) days of your first use of the Service or the effective date of these Terms containing these provisions, whichever is later. If you opt out, we also will not be bound by these arbitration provisions.

Time Bar. ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE EVENT OR ACTION GIVING RISE TO THE CLAIM.

20. Miscellaneous

These Terms of Service do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Service without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Service without restriction.

21. Contact Us

Should you have any questions regarding these Terms of Service you may contact us at hello@tallyhealth.com.