Terms of Service

1. Who we are and what these terms of service cover

RPh Labs is a CLIA-licensed, COLA-accredited clinical laboratory at 8230 Elmbrook Drive, Suite 200, Dallas, Texas 75247. In these terms of service, we, us and our mean RPh Labs, and you means the person using this website or ordering a test.

These terms of service apply to:

• this website and everything published on it;
• the purchase of a pharmacogenomic test kit;
• sample collection, laboratory analysis and the report we issue;
• your account, including the reports we release to My Account.

By placing an order or creating an account you accept these terms of service. If you do not accept them, please do not order.

Agreements that sit alongside this one

Prescribers who order for their patients are bound by our Provider Agreement and HIPAA Terms, and affiliates by our Affiliate Terms. Where one of those agreements covers the same subject for that relationship, it governs. How we handle your information is set out in our Privacy Policy and HIPAA Policy, both of which form part of these terms of service.

2. Who may order a test

• Ordering for yourself. You must be 18 or over and legally able to enter a contract.
• Minors. A minor is tested only on a prescriber’s order, with a parent or guardian giving written consent.
• Ordering for another adult. You must be their legal guardian or hold a valid power of attorney or other legal authority, and by ordering you confirm that you do.
• One kit, one person. A kit is registered to a single individual and cannot be shared or transferred.

A licensed clinician reviews every self-ordered requisition before the laboratory runs it. We may decline or cancel an order, and refund it in full, where that review cannot be completed, where we cannot verify eligibility, or where we are not permitted to ship to your state.

3. A PGx report is not a diagnosis

This is the most important section of these terms of service. Please read it before you order.

• Pharmacogenomic testing analyses genes that affect how your body absorbs, processes and responds to certain medications. It is intended to inform prescribing decisions.
• It does not diagnose disease, and it does not report disease risk, ancestry or carrier status.
• It cannot tell you whether a medication will work for you. It tells your prescriber how your genotype is expected to affect the way you metabolise a drug.
• It covers only the genes and medications on the panel. A medication outside the panel is not addressed by your report.
• Nothing on this website or in your report is medical advice, and ordering a test does not create a treating physician relationship between you and RPh Labs beyond the laboratory services described here.

Never start, stop or change the dose of any medication because of a report. Those decisions belong to your prescriber, who weighs your genotype alongside your diagnosis, your other medications and your history. If you are having a medical emergency, call 911.

Our interpretation follows the published gene-drug guidance of the Clinical Pharmacogenetics Implementation Consortium and FDA drug labelling. You can read those guidelines yourself at cpicpgx.org.

4. Your account

• Give us accurate registration and billing details and keep them current. We use them to match your sample to you, so an error can delay or invalidate a test.
• You are responsible for your password and for everything done under your login. Tell us immediately if you think it has been compromised.
• Do not share your login. Anyone who signs in as you can read your genetic results.
• We may suspend or close an account that is used in breach of these terms of service, and we will tell you why.

5. Ordering, prices and payment

• The CLIA-Accredited Pharmacogenetic Testing Kit is $299. That covers the kit, laboratory analysis of the full panel, your written report, the pharmacist consultation and shipping in both directions.
• There are no hidden fees. Reissued reports when guidelines change, replacement kits after a failed sample and follow-up pharmacist consultations are all included in that price. There is no subscription, no per-report charge and no fee to download or share your results.
• Four interest-free instalments are available at checkout. That plan is provided by our payment processor on its own terms, which you accept when you choose it.
• Prices are in US dollars and may change, but the price shown at checkout is the price you pay for that order.
• Payment is taken when you place the order. Card payments are handled by Stripe; we never see or store your full card number.

Your order is an offer to buy. We accept it when we ship your kit. Until then we may decline the order and refund you, for example because of a pricing error, suspected fraud, a state we are not permitted to ship to, or a requisition that does not pass clinical review.

6. Shipping and the states we serve

We ship kits to forty-five states, with shipping paid in both directions.

State law currently prevents us from shipping kits to New York, Maryland, Pennsylvania, Rhode Island or California. If you order from one of those states we will cancel the order and refund you in full. A prescriber-ordered test through a local laboratory may still be available to you, so contact us and we will point you in the right direction. You can see the current list on our Where We Serve page.

Risk of loss passes to you when the kit is delivered. If a kit arrives damaged, or does not arrive at all, tell us and we will replace it at no cost.

7. Collecting and returning your sample

• Follow the collection instructions in the box. How It Works walks through the same steps.
• Register the kit to your account before you post it. An unregistered sample cannot be matched to a person and cannot be analysed.
• Return the sample in the prepaid packaging provided.
• If a sample fails quality control we send a replacement kit and re-test at no cost to you.
• We cannot analyse a sample that is unregistered, mislabelled, contaminated, or returned in packaging we cannot identify. We will contact you and send a replacement kit.

How long we keep your sample and what happens to it afterwards is set out in our Privacy Policy. You can ask us to destroy your sample at any time.

8. Reports, turnaround and reissues

• A pharmacist reviews your report before it is released to your account. You can then download it and share it with any clinician you choose.
• Your genotype does not change, so one test stands for life and can be used every time a new prescription is written.
• What does change is the science built on top of it. When a covered drug’s FDA labelling or a CPIC guideline is updated in a way that affects your genotype, we reissue your report and email you the new version at no extra cost.
• Each report reflects the published guidance in force when it was issued. A later report supersedes an earlier one.
• We do not release your report to an employer, insurer or marketer without your written authorisation. See our HIPAA Policy for your rights over these records.

The medications addressed by the panel are listed on our Medication List.

9. Refunds, cancellations and failed samples

• Before your sample reaches the laboratory: a full refund, at any time. Contact us and return or discard the kit.
• Once analysis has begun: the test cannot be refunded, because the laboratory work has already been performed.
• If a sample fails quality control: we re-test rather than refund, at no cost to you.
• Refunds go back to the original payment method. How quickly they appear depends on your bank or card issuer.
• If you paid in instalments, the refund is processed through the same payment provider and your remaining instalments are cancelled.

10. Insurance, HSA and FSA

• The test is HSA and FSA eligible. An itemised receipt with the supporting documentation is issued with your order so you can submit it to your plan administrator.
• We accept claims from a range of plans, but coverage depends on your plan, your diagnosis codes and your plan’s medical-necessity criteria. The Insurance We Accept page lists the plans we work with.
• Ask us to check your benefits before you order and we will tell you what to expect.
• If you ask us to bill your insurer, you remain responsible for any amount your plan does not cover, including deductibles and coinsurance.
• Where an Advance Beneficiary Notice is required, we will send it to you before testing. The forms we use are on our Forms page.

11. Your privacy and your health information

RPh Labs is a covered health care provider under HIPAA. Your requisition, your sample, your results and your billing records are protected health information.

• We never sell your genetic information or your biological sample.
• We do not share your genetic results with employers, insurers or marketers without your express written consent.
• Research use of your data or your sample happens only if you separately opt in, and you can withdraw that consent at any time.
• You can ask to see, correct or delete your information, and to have your sample destroyed.

The full detail is in our Privacy Policy and our HIPAA Policy. Nothing in these terms of service reduces the rights those documents or the law give you.

12. Acceptable use of this website

When you use this website, please do not:

• use it for any unlawful purpose, or in breach of these terms of service;
• scrape, crawl or harvest content or data beyond what our robots file permits;
• attempt to reach another person’s account, requisition, sample or results;
• upload malicious code, probe for vulnerabilities, or interfere with the site or the laboratory systems behind it;
• copy our report format, panel design or interpretive guidance to build a competing service;
• hold yourself out as a licensed prescriber in order to obtain provider pricing or provider access.

13. Intellectual property

This website, our report format, the design of the panel, our written interpretation and the RPh Labs name and logo belong to us or to our licensors. These terms of service do not transfer any of that to you.

Your test results, as information about you, are yours. We grant you a permanent licence to download, print, keep and share your own report with whomever you choose, including every clinician involved in your care. Please do not republish our content commercially without our written permission.

14. Disclaimers and limitation of liability

Our laboratory services are performed to CLIA standards in our accredited laboratory. The website itself is provided as it is: we do not promise that it will always be available, uninterrupted or free of error.

We do not warrant that a pharmacogenomic result will produce any particular clinical outcome. A report is one input into a prescribing decision made by your clinician.

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or lost data. Our total liability for any claim relating to an order is limited to the amount you paid for that order.

Nothing in these terms of service limits any liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence, for fraud, or under consumer protection and genetic privacy laws that cannot be waived. Your rights under HIPAA and under state genetic privacy law are unaffected.

15. Governing law and how we resolve disputes

• These terms of service are governed by the laws of the State of Texas, without regard to its conflict of laws rules.
• Talk to us first. Before filing anything, please contact us and give us 30 days to put it right. Almost everything is resolved this way.
• If we cannot resolve it together, the state and federal courts sitting in Dallas County, Texas have exclusive jurisdiction, and both you and we consent to that venue.
• There is no binding arbitration clause in these terms of service, and no class-action or jury-trial waiver. You keep your right to go to court.
• Nothing here prevents you from complaining to a regulator. You can file a HIPAA complaint with the HHS Office for Civil Rights at hhs.gov.

If any part of these terms of service is found unenforceable, the rest stays in force.

16. Changes to these terms of service

We may update these terms of service as our service, the panel or the law changes. When we do, the last updated date at the top of this page changes with them.

If a change is material we will post a notice on this page, and if it affects an order you have already placed we will email you. Changes are not retroactive: the version in force when you placed an order governs that order.

17. Contact us

Questions about these terms of service, an order or a report are welcome, and a person will answer you.

You can also reach us through our contact page, or browse the FAQ for answers to the questions we hear most.