Tru Diagnostic, Inc. 

Healthcare Provider Terms & Conditions

Last Updated: 10/16/2025

These Terms & Conditions (“Terms”) govern the relationship between Tru Diagnostic, Inc. (“TruDiagnostic,” “we,” “us,” or “our”) and healthcare providers, wellness professionals, and other qualified practitioners (“Provider,” “you,” or “your”) who apply for and maintain a TruDiagnostic Provider Account. By applying for a Provider Account, you agree to these Terms.

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1. Eligibility & Account Registration

• Provider Accounts are available to licensed healthcare providers and to other qualified health and wellness professionals who provide services to patients or clients. TruDiagnostic, in its sole discretion, shall determine whether a practitioner meets the necessary qualifications for a Provider Account.
• You are responsible for ensuring that your use of TruDiagnostic testing is permissible under your state laws, professional license (if any), and scope of practice.
• TruDiagnostic reserves the right to request additional information, verify credentials, or deny/suspend accounts at its discretion.

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2. Business Associate Agreement (BAA) & HIPAA

• TruDiagnostic is a covered entity under HIPAA. In most circumstances, TruDiagnostic’s provision of laboratory services is considered part of “treatment” and does not require a BAA.
• Provider is a Covered Entity under HIPAA, and TruDiagnostic acts as a Business Associate in its provision of laboratory services. TruDiagnostic will enter into a Business Associate Agreement (BAA) with Provider and can provide our BAA as required.
• However, TruDiagnostic may require certain Providers to sign a BAA before ordering tests, depending on how Protected Health Information (PHI) is shared and used.
• Provider agrees to comply with HIPAA and applicable state privacy laws, including safeguarding patient/client information and promptly reporting any unauthorized use or disclosure.

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3. Ordering & Test Use

• Tests are intended for professional use only. Provider agrees not to resell kits directly to consumers outside of a clinical or professional relationship.
• Provider is responsible for ensuring that specimen collection is performed consistent with applicable laws and professional standards.
• TruDiagnostic makes no guarantee that tests may be offered or processed in every jurisdiction. Certain states (e.g., New York) require special approvals. Provider agrees not to send specimens from prohibited states unless permitted.

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4. Payments & Pricing

• TruDiagnostic operates on a cash-pay basis; insurance billing is not available.
• Provider is responsible for all payments, taxes, and shipping fees as outlined in the pricing schedule in effect at the time of order.
• Refunds, replacements, and re-collections will follow TruDiagnostic’s published policies, which may be updated from time to time.
• Minimum Advertised Pricing (MAP): To maintain brand integrity and fair competition, Provider agrees not to publicly advertise or promote TruDiagnostic testing at a price lower than the MAP established by TruDiagnostic. Providers may set their own private resale or service fees but may not publish or otherwise communicate pricing below TruDiagnostic’s MAP policy in marketing materials, websites, or public forums.
• Online Resale Restrictions

‍Customer acknowledges and agrees that Products purchased from TruDiagnostic at discounted pricing are intended solely for resale to the Customer’s patients in a direct, controlled manner. Customer shall not advertise, list, or resell Products on any public e-commerce marketplace or platform (including, without limitation, Amazon, eBay, Walmart, TikTok Shop, or similar third-party marketplaces), nor on any publicly accessible website or online store not restricted by a patient login, paywall, or equivalent access control. Resale of Products through online channels other than secure, restricted-access platforms intended exclusively for the Customer’s patients is strictly prohibited.
Any violation of this provision shall constitute a material breach of this Agreement. In the event of such breach, TruDiagnostic reserves the right, in its sole discretion, to (i) immediately suspend or terminate Customer’s purchasing privileges, (ii) revoke any discounts or pricing concessions, and/or (iii) pursue all other remedies available at law or in equity, including injunctive relief.
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5. Marketing & Communications

• Provider may reference TruDiagnostic testing in patient communications, provided all claims are truthful, non-misleading, and compliant with FTC and FDA requirements.
• Provider must not make unapproved medical claims about TruDiagnostic testing, nor use report screenshots or branding in advertising without prior written consent.
• TruDiagnostic may provide co-branded marketing assets subject to a limited, revocable license.‍

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6. Data Use & Retention

• TruDiagnostic retains and processes PHI as required by law.
• De-identified and aggregate data may be used by TruDiagnostic for research, quality improvement, and product development.
• Provider agrees to obtain appropriate patient consent before submitting specimens.

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7. Use of Provider Portal & Accounts

• Provider must maintain the security of login credentials and may not share accounts with unauthorized persons.
• TruDiagnostic may suspend or terminate accounts for misuse, fraudulent activity, or non-compliance with these Terms.
• Provider must promptly report any suspected security incident involving their account.

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8. Compliance & Restrictions

• Provider must not engage in activities that could violate federal or state fraud and abuse laws, including the Anti-Kickback Statute or state fee-splitting rules.
• Provider is solely responsible for ensuring compliance with local regulations when offering TruDiagnostic testing.

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9. Limitation of Liability

• TruDiagnostic’s liability to Provider is limited to the amount paid by Provider for the tests giving rise to the claim.
• TruDiagnostic is not liable for indirect, incidental, or consequential damages.

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10. Governing Law

• These Terms are governed by the laws of the State of Kentucky, without regard to conflicts of law principles.
• Any disputes will be resolved in the state or federal courts located in Lexington, Kentucky.

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11. Acceptance of Terms

By submitting a Provider Application and/or ordering TruDiagnostic tests, you:

• Confirm you have read and agree to these Terms;
• Represent that you are qualified to use TruDiagnostic testing in your professional role; and
• Consent to receive communications related to your account.

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