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Healthcare Provider Terms and Conditions

July 1, 2023

These Healthcare Provider Terms & Conditions (“Provider Terms”) govern the relationship between Mosaic Biodata Inc. (“Mosaic,” “we,” “us,” or “our”) and licensed healthcare providers, genetic counselors, wellness professionals, and other qualified practitioners (“Provider,” “you,” or “your”) who apply for and are approved for a Mosaic Provider Account. 


By applying for a Provider Account, placing an order, or using our services in a professional capacity, you agree to be bound by these Provider Terms.


These Provider Terms supplement and incorporate by reference our Terms of Service, Privacy Policy, Genetic Data Consent Notice, Kit Order Terms and Conditions, Disclaimer Policy, Cookie Policy, and Accessibility Statement (collectively, the “General Policies”), available at https://mosaicbio.io. 


In the event of a conflict between these Provider Terms and the General Policies with respect to your professional use, these Provider Terms control.


Mosaic Biodata Inc. is a Delaware corporation with its principal place of business in Austin, Texas, United States.


1. Eligibility & Account Registration

  • Provider Accounts are available only to duly licensed or certified healthcare providers, genetic counselors, registered dietitians, fitness professionals, and other qualified practitioners who provide services to patients or clients in a professional setting.

  • Mosaic, in its sole discretion, determines eligibility and may request documentation, verify credentials, or deny, suspend, or terminate any Provider Account at any time, with or without cause and without prior notice.

  • You represent and warrant that (i) you hold all licenses/certifications required in your jurisdiction, (ii) your use of Mosaic services falls within your professional scope of practice, and (iii) such use complies with all applicable federal, state, local, and international laws.

2. Business Associate Agreement (BAA) & Privacy Compliance

  • Mosaic’s whole-genome sequencing service is classified as a non-medical, direct-to-consumer lifestyle product. Mosaic is therefore not a Covered Entity under HIPAA in the majority of provider orders.

  • However, if you transmit Protected Health Information (PHI) to Mosaic or request that we return results containing PHI, Mosaic will act as your Business Associate and a Business Associate Agreement (BAA) will be required prior to any such transmission. Mosaic will provide its standard BAA upon request at support@mosaicbio.io.

  • You agree to comply with HIPAA, GINA, state genetic privacy laws (including California GIPA and Texas laws), GDPR (where applicable), PIPEDA, LGPD, and all other relevant privacy regulations, including obtaining explicit patient consents and safeguarding patient data.

3. Ordering & Test Use

  • Whole-genome sequencing kits and services are for professional use only. You may not resell kits directly to consumers outside of a bona fide provider-patient relationship.

  • You are solely responsible for:

    • Explaining the non-medical, lifestyle-only nature of Mosaic services to every patient/client (see Disclaimer Policy);

    • Proper specimen collection in accordance with applicable laws and our Kit Order Terms and Conditions;

    • Obtaining all required patient consents, including international data transfer consents;

    • Presenting Mosaic’s current Genetic Data Consent Notice to every patient/client (or using a substantially equivalent consent that meets or exceeds its requirements) before collecting a sample or ordering on their behalf.

4. Payments & Pricing

  • Mosaic operates on a cash-pay basis only; insurance billing is not available.

  • Approved Providers receive wholesale pricing (provided upon account approval). You are responsible for all payments, applicable taxes, shipping fees, duties, and customs charges.

  • Minimum Advertised Pricing (MAP): You may not publicly advertise or promote Mosaic kits or services below the MAP established by Mosaic (provided upon approval and subject to change with 30 days’ notice).

  • Online Resale Restrictions: Kits purchased at Provider pricing are intended solely for distribution to your own patients/clients in a direct, controlled manner. You shall not advertise, list, or resell kits on any public e-commerce marketplace (including Amazon, eBay, Walmart, TikTok Shop, or similar platforms) or on any publicly accessible website or online store not protected by a patient login, paywall, or equivalent access control. Violation of MAP or online resale restrictions is a material breach entitling Mosaic to immediately suspend or terminate your account, revoke all discounts, and pursue all remedies at law or in equity, including injunctive relief.

5. Marketing & Communications

  • You may reference Mosaic services in patient communications provided all statements are truthful, non-misleading, substantiated, and compliant with FTC, FDA, and other regulatory requirements.

  • You may not (i) make medical, diagnostic, or treatment claims, (ii) use report screenshots, VCF excerpts, or Mosaic branding in advertising without prior written consent, or (iii) imply Mosaic endorsement without approval.

  • Mosaic may provide co-branded marketing assets under a limited, revocable license.

6. Data Use & Retention

  • Mosaic retains genetic data in accordance with our Genetic Data Consent Notice (minimum 6 years). De-identified and aggregate data may be used internally for research, quality improvement, and product development.

  • You are responsible for obtaining patient consent for all processing and for honoring patient deletion requests.

7. Use of Provider Portal & Accounts

  • You must maintain the confidentiality of login credentials and immediately report any suspected security incident.

  • Mosaic may suspend or terminate accounts for misuse, non-payment, or non-compliance.

8. Compliance & Restrictions

  • You may not engage in any activity that violates federal or state fraud and abuse laws (including the Anti-Kickback Statute or fee-splitting rules).

  • You are solely responsible for compliance with all local regulations governing genetic testing and professional practice.

9. Indemnification & Limitation of Liability

  • You agree to indemnify, defend, and hold harmless Mosaic, its officers, directors, employees, and agents from any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from (i) your use of Mosaic services outside your scope of practice, (ii) your violation of law, (iii) failure to obtain proper patient consent, or (iv) any patient claim related to your interpretation or use of Mosaic results.

  • Mosaic’s total liability to you is limited to the amount you paid for the kits/services giving rise to the claim. In no event shall Mosaic be liable for indirect, incidental, special, consequential, or punitive damages.

10. Termination

  • Mosaic may terminate or suspend your Provider Account or purchasing privileges at any time, with or without cause and without prior notice.

11. Governing Law & Dispute Resolution

  • Governed by the laws of the State of Texas, without regard to conflict of law principles.

  • Disputes are resolved in accordance with Section 15 of our Terms of Service (60-day informal resolution followed by binding JAMS arbitration in Travis County, Texas, unless opted out).

12. Updates & Acceptance of Terms

  • Mosaic may update these Provider Terms with 30 days’ advance email notice for material changes. Continued use after the effective date constitutes acceptance.

  • By submitting a Provider Application, placing an order, or using the Provider Portal, you confirm that you have read, understood, and agree to these Provider Terms and all incorporated General Policies.

Contact

Email: support@mosaicbio.io (Subject line: “Provider Terms”)

Mosaic Biodata Inc.

919 Congress Ave, Suite 525 Austin, TX 78701

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