Genesis MD, Inc. (a California Professional Corporation), operating under the registered fictitious business name Genesis Sleep MD, Inc. (hereinafter referred to uniformly as “the Company” or “Genesis Sleep MD”)

Website: genesissleepmd.com
Effective Date: June 29, 2026
Version: 1.0
Last Updated: June 29, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN A BINDING INDIVIDUAL ARBITRATION PROVISION AND A CLASS ACTION WAIVER (SECTION 19) THAT AFFECT YOUR LEGAL RIGHTS. THEY ALSO CONTAIN IMPORTANT DISCLAIMERS REGARDING THE ABSENCE OF A PHYSICIAN-PATIENT RELATIONSHIP (SECTION 4) AND EMERGENCY MEDICAL SITUATIONS (SECTION 8). BY ACCESSING OR USING THIS WEBSITE OR ANY GENESIS SLEEP MD SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS.

1. Introduction, Parties, and Entity Disclosures

1.1 The Contracting Entity

These Terms of Service, together with all documents expressly incorporated by reference (collectively, these “Terms”), constitute a legally binding agreement between you (“you,” “your,” “User,” “Customer,” or where applicable “Patient”) and the Company.

You acknowledge and agree that you are entering into this agreement with the Company, and not with Dr. Meneena Bright, Katharine Ishida, PA, or any other individual physician, provider, officer, director, shareholder, employee, or contractor in their personal or individual capacity. All services, content, products, and obligations described herein are provided by and bind the corporate entity alone.

1.2 Principal Place of Business and Registered Agent

The principal corporate mailing address of the Company is:

Genesis MD, Inc., operating as Genesis Sleep MD
510 Superior Avenue, Suite 200A
Newport Beach, California 92663

The Company’s registered agent for service of process in the State of California is located at:

500 North Brand Boulevard, Suite 890
Glendale, California 91203

1.3 Covered Properties

These Terms govern your access to and use of the website located at genesissleepmd.com and all associated subdomains, web pages, landing pages, sales funnels, lead-capture forms, the Sleep Blocker Quiz, the pre-recorded masterclass webinar, marketing email sequences, the Tier 1 self-paced coaching platform, and all other digital properties, content, products, and services made available by Genesis Sleep MD (collectively, the “Website” or the “Services”), except where a separate, document-specific agreement expressly governs a particular interaction (for example, the Telehealth Informed Consent, the Financial Agreement & Refund Policy, or the HIPAA Notice of Privacy Practices).

1.4 Incorporated Documents

The following documents are incorporated into these Terms by this reference and form part of your agreement with the Company to the extent they apply to your interaction:

Privacy Policy (CCPA/CPRA-compliant)
HIPAA Notice of Privacy Practices
Telehealth Informed Consent
Financial Agreement & Refund Policy
Course Terms / End User License Agreement (EULA)
Accessibility Statement
Cookie Notice

In the event of a direct conflict between these Terms and a transaction-specific document executed by you (such as the Financial Agreement or the Telehealth Informed Consent), the transaction-specific document shall control with respect to its subject matter.

2. Definitions

For purposes of these Terms, the following capitalized terms have the meanings set forth below:

“Clinical Services” means the regulated telehealth medical services provided by licensed clinicians of Genesis Sleep MD, including the Tier 2 Precision Concierge package and the Tier 3 Longevity Elite package, delivered exclusively within the secure, authenticated Healthie EHR environment following execution of the Telehealth Informed Consent.

“Content” means all text, graphics, images, video, audio, pre-recorded modules, slide decks, written guides, templates, sleep journals, scoring logic, diagnostic frameworks, quiz outputs, course curricula, and any other materials made available through the Website.

“Educational Materials” means all non-clinical informational content, including the Sleep Blocker Quiz, the masterclass webinar, the “5 Sleep Myths” guide, marketing emails, blog posts, social media content, and the Tier 1 Foundations Program.

“Healthie EHR” means the secure, HIPAA-compliant electronic health record and patient-portal platform (including the integrated Zoom for Healthcare video environment) used by Genesis Sleep MD to deliver Clinical Services.

“Platform” means, collectively, the public-facing marketing infrastructure (including the RedNova CRM) and the digital interfaces through which the Services are delivered, excluding the authenticated Healthie EHR clinical environment.

“Tier 1,” “Tier 2,” and “Tier 3” mean the product offerings described in Section 6.

“User Content” means any content, information, reviews, testimonials, photographs, feedback, or other materials you submit, post, or transmit to or through the Website.

3. Eligibility and Acceptance of Terms

3.1 Acceptance

By accessing, browsing, or otherwise using the Website, by checking an “I agree” box presented at any lead-capture or checkout point, by purchasing any product or service, or by clicking any button manifesting assent, you represent that you have read, understood, and agree to be bound by these Terms and all incorporated documents. If you do not agree to these Terms, you must not access or use the Website or the Services.

3.2 Strict Age Restriction (18+)

The Website and the Services are intended solely for individuals who are eighteen (18) years of age or older. By accessing or using the Website, you represent and warrant that you are at least eighteen (18) years of age. Genesis Sleep MD does not knowingly direct the Website to, or knowingly collect personal information from, any individual under the age of eighteen (18). Clinical Services are not available to minors under any circumstances. If the Company learns that the Company has inadvertently collected personal information from an individual under eighteen (18), the Company will take commercially reasonable steps to delete such information.

The Website is not directed to children under the age of thirteen (13), and the Company does not knowingly collect personal information from children under thirteen (13) in violation of the Children’s Online Privacy Protection Act (COPPA).

3.3 Authority

If you are accessing or using the Website on behalf of another person or entity, you represent and warrant that you have the authority to bind that person or entity to these Terms.

4. No Physician-Patient Relationship; Educational Framework; Protection Against Unauthorized Practice of Medicine

THIS SECTION IS FUNDAMENTAL TO YOUR USE OF THE WEBSITE. PLEASE READ IT CAREFULLY.

4.1 The Public Website and Educational Materials Are Informational Only

The Content, materials, sleep-tracker data analyses, automated responses, quiz outputs, algorithmic outputs, and all other information delivered across the public-facing Website — including but not limited to the Sleep Blocker Quiz, the informational marketing email sequences, the “5 Sleep Myths” guide, and the pre-recorded masterclass webinar — are provided for general informational and educational purposes only. Such materials do not constitute medical advice, medical diagnosis, clinical evaluation, clinical treatment, or a clinical treatment plan, and must not be relied upon as a substitute for the independent professional judgment of a licensed physician or other qualified health care provider.

4.2 No Relationship Is Formed by Use of the Public Website

No physician-patient relationship, provider-patient relationship, or any other professional health care relationship is created, formed, or implied between you and Genesis Sleep MD, Dr. Meneena Bright, Katharine Ishida, PA, or any other clinician by reason of any of the following:

(a) visiting, browsing, or using the public Website at genesissleepmd.com;
(b) taking, completing, or receiving results from the Sleep Blocker Quiz;
(c) viewing, attending, or downloading the masterclass webinar or any marketing content;
(d) downloading any free guide, lead magnet, or educational resource;
(e) subscribing to any email list or SMS list;
(f) communicating through any non-clinical channel, including the ManyChat / Instagram direct-message bot; or
(g) purchasing, accessing, or completing the Tier 1 ($2,500) Foundations Program, which is a self-paced, non-clinical educational product.

4.3 Where and When the Clinical Relationship Forms

A physician-patient relationship is formed exclusively upon, and not before, the formal execution of the Company’s Telehealth Informed Consent within the secure, authenticated Healthie EHR environment, which occurs immediately prior to the Stage 7 Clinical Deep Dive consultation associated with the Tier 2 and Tier 3 clinical packages. All preceding stages — awareness, lead capture, the quiz, the masterclass, the sales/triage consultation, checkout, and onboarding up to the point of executed clinical consent — are administrative, commercial, and educational in nature, and are not clinical.

4.4 Separation of Public and Clinical Environments

Genesis Sleep MD maintains a deliberate separation between (i) its public, non-clinical marketing and educational environment (including the RedNova CRM and ManyChat channels) and (ii) its secure, authenticated clinical environment (the Healthie EHR). Nothing on the public Website constitutes the practice of medicine, and nothing on the public Website should be interpreted as an offer to provide, or the provision of, individualized medical care. This separation is intended to ensure that all regulated clinical care is delivered only through appropriate, consented, and jurisdictionally lawful channels.

4.5 Consult Your Own Physician

You should always seek the advice of your own primary care physician or a qualified health care provider with any questions you may have regarding a medical condition, and before starting, stopping, or changing any medication, supplement, treatment, or health regimen. Never disregard professional medical advice or delay seeking it because of something you have read, viewed, or heard through the Website.

5. Geographic, Licensure, and Out-of-State Restrictions

5.1 Licensed States Only

Clinical Services may be lawfully provided only to individuals who are physically located, at the exact time the Clinical Service is rendered, within a state in which the treating clinician holds an active, unrestricted medical license. Dr. Meneena Bright is currently licensed to practice medicine in the State of California (CA) and the Commonwealth of Pennsylvania (PA). Accordingly, Clinical Services (Tier 2 and Tier 3) are available only to individuals physically located in California or Pennsylvania at the time of each clinical encounter.

5.2 Truthful Location Representation

By requesting or receiving any Clinical Service, you represent and warrant that you are physically present in California or Pennsylvania at the time of the encounter, and you agree to truthfully disclose your physical location upon request. Misrepresentation of your physical location is a material breach of these Terms and may result in immediate termination of Services without refund (subject to the Financial Agreement & Refund Policy).

5.3 Out-of-State Fallback to Tier 1

If you are physically located outside of California and Pennsylvania, you are not legally eligible to receive Clinical Services, regardless of whether you complete the Sleep Blocker Quiz, request a discovery or triage consultation, or attempt to purchase a clinical package. In such circumstances, you are eligible only for the Tier 1 ($2,500) Foundations Program, which is a non-clinical, self-paced educational product offered at full retail price and is available without regard to your state of residence (subject to applicable law). Any attempt by an out-of-state individual to enroll in or purchase Tier 2 or Tier 3 Clinical Services may be declined, and the Company reserves the right to redirect such individuals to the Tier 1 Foundations Program or to refer them to local in-person care.

5.4 No Services Outside the United States

The Clinical Services are offered only within the United States and only within the licensed states described above. The Website is not intended for use by, and the Services are not offered to, individuals located outside the United States.

6. Product Tiers and Description of Services

Genesis Sleep MD offers the following distinct product tiers, which are governed by different legal regimes. The precise deliverables, support windows, and refund terms applicable to each tier are set forth in the Financial Agreement & Refund Policy and, for Tier 1, the Course Terms / EULA.

6.1 Tier 1 — Foundations Program ($2,500)

The Tier 1 Foundations Program is a non-clinical, educational, self-paced product. It includes, as described at the point of sale, access to a self-paced educational platform, a pre-recorded Cognitive Behavioral Therapy for Insomnia (CBT-I) module curriculum developed with a licensed neuropsychologist, a physical Sleep Success Kit, and non-diagnostic sleep-related genetic testing. Tier 1 does not include any clinical evaluation, diagnosis, prescription, laboratory interpretation, biomarker testing, or one-to-one consultation with Dr. Bright or Katharine Ishida, PA. Tier 1 is governed by the Course Terms / EULA and these Terms.

6.2 Tier 2 — Precision Concierge ($4,997)

The Tier 2 Precision Concierge package is a clinical telehealth package available only to eligible individuals located in California or Pennsylvania. As described at the point of sale, it includes a WatchPAT at-home sleep study, a Quest Diagnostics comprehensive sleep and hormone biomarker panel with clinician interpretation, live access to a six-week CBT-I program, access to the educational platform, and two (2) clinical appointments with Dr. Bright or a board-certified sleep medicine physician (a Clinical Deep Dive and a follow-up). Tier 2 is governed by the Telehealth Informed Consent, the Financial Agreement & Refund Policy, and these Terms.

6.3 Tier 3 — Longevity Elite ($7,500)

The Tier 3 Longevity Elite package is a clinical telehealth package that includes all components of Tier 2 plus advanced genetic and longevity biomarker testing and an additional dedicated longevity consultation. Tier 3 is governed by the Telehealth Informed Consent, the Financial Agreement & Refund Policy, and these Terms.

6.4 Clinical Scope and Exclusions

The clinical focus of Genesis Sleep MD is limited to the evaluation and management of insomnia, hypersomnia, and parasomnia. The following conditions are expressly outside the clinical scope of Genesis Sleep MD and will result in referral to appropriate in-person care: severe untreated cardiac disease; active substance use disorder requiring detoxification; acute psychiatric crisis; pediatric primary sleep disorders; and complex surgical sleep cases (including severe obstructive sleep apnea requiring surgical evaluation). No guarantee or warranty of any specific clinical outcome is made.

7. Accounts and Registration

7.1 Account Creation

To access certain Services, you may be required to create an account. You agree to provide accurate, current, and complete information and to keep that information up to date. You are limited to one (1) account per person.

7.2 Account Security

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You agree not to share, sell, transfer, or permit concurrent use of your account credentials. The Company may employ automated concurrent-login and geolocation-token detection and may suspend or terminate any account exhibiting credential sharing or unauthorized access pending security review. You agree to notify the Company immediately at [email protected] of any unauthorized use of your account.

8. Emergency and Behavioral Health Crisis Protocols

DO NOT USE THIS WEBSITE, THE SLEEP BLOCKER QUIZ, THE MANYCHAT / INSTAGRAM DIRECT-MESSAGE BOT, OR ANY OTHER AUTOMATED OR NON-EMERGENCY CHANNEL TO ADDRESS AN ACUTE MEDICAL EMERGENCY, A MEDICAL CRISIS, OR A LIFE-THREATENING CONDITION.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, SEVERE DISTRESS, OR A LIFE-THREATENING CONDITION, IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.

IF YOU ARE EXPERIENCING A MENTAL HEALTH CRISIS, SEVERE BEHAVIORAL DISTRESS, OR THOUGHTS OF SUICIDE OR SELF-HARM, IMMEDIATELY CALL OR TEXT 988 TO REACH THE 988 SUICIDE AND CRISIS LIFELINE, OR GO TO THE NEAREST EMERGENCY ROOM.

Telehealth and the Services are not designed or intended for emergency use. Communications submitted through the Website or any non-clinical channel are not monitored on a real-time or twenty-four-hour basis. Standard customer support hours are Monday through Friday, 9:00 a.m. to 5:00 p.m. Pacific Time; non-urgent inquiries will generally receive a response within one (1) business day.

9. The Sleep Blocker Quiz, Masterclass, and Marketing Communications

9.1 Quiz and Masterclass

The Sleep Blocker Quiz and the masterclass webinar are educational and marketing tools governed by Section 4. Any data you voluntarily submit through the quiz is collected and handled in accordance with the Privacy Policy. Symptom or health-related information submitted through the secure quiz form is not processed through the ManyChat / Instagram direct-message channels.

9.2 ManyChat / Instagram Direct Messages Are Non-Clinical

The Company’s ManyChat and Instagram direct-message channels are non-clinical, non-HIPAA marketing channels intended for general engagement and administrative purposes only. These channels are not encrypted health channels and must not be used to transmit symptoms, medical history, or any clinical information. If clinical or symptom-related input is detected, the automated system is designed to redirect you to the Company’s secure intake form or patient portal and to discontinue the clinical portion of the conversation. Do not disclose protected health information or clinical details through any direct-message or social-media channel.

9.3 Email and SMS Consent

Marketing email and marketing SMS communications are sent only with your consent, obtained through dedicated, unbundled opt-in mechanisms. Marketing SMS consent is separate from, and not a condition of, any purchase. You may opt out of marketing email at any time via the unsubscribe link, and out of marketing SMS by replying “STOP.” Reply “HELP” for help. Message and data rates may apply. Clinical communications consent (for Tier 2 and Tier 3 patients) is obtained separately within the Healthie EHR and is governed by the Telehealth Informed Consent. Email and standard SMS are not encrypted by default; you acknowledge this risk when consenting to such communications.

10. Intellectual Property Rights

10.1 Ownership

All Content, including the “Genesis Sleep MD,” “Genesis MD,” and “Genesis Protocol” names and marks, logos, course curricula, video modules, written guides, templates, sleep journals, scoring engines, quiz logic, and the design, structure, and arrangement of the Website, is owned by or licensed to the Company and is protected by United States and international copyright, trademark, trade-secret, and other intellectual property laws. Copyright © Genesis MD, Inc. 2026. All rights reserved. All rights not expressly granted are reserved.

10.2 Limited License to You

Subject to your full compliance with these Terms, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Content solely for your own personal, non-commercial use. This license terminates automatically upon any breach of these Terms.

10.3 Prohibited Uses of Content

You shall not, and shall not permit any third party to: reproduce, duplicate, copy, sell, resell, distribute, publicly display, publicly perform, broadcast, create derivative works from, screen-record, screen-capture, download (except where expressly permitted), or otherwise exploit any Content; nor reverse engineer, decompile, or attempt to derive the source code, structure, or logic of any platform, scoring engine, quiz, or proprietary tool.

10.4 Trademarks

“Genesis Sleep MD,” “Genesis MD,” “Genesis Protocol,” and associated logos are trademarks or service marks of the Company. You may not use these marks without the prior written consent of the Company. Students and customers may not use Company marks in their own marketing or materials.

10.5 User Content License

By submitting any User Content (including reviews, testimonials, photographs, success stories, or feedback), you grant the Company a worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, display, distribute, and create derivative works of such User Content for any lawful business purpose. You represent that you own or control all rights in your User Content. Any product feedback or suggestions you provide become the property of the Company without obligation of confidentiality or compensation. Where any User Content contains protected health information, a separate HIPAA authorization is required before any use, and no testimonial referencing a health condition will be used publicly without such authorization.

11. Prohibition on Artificial Intelligence Ingestion, Scraping, and Automated Access

AI / LLM GUARDRAIL: You are strictly prohibited from parsing, scraping, harvesting, crawling, indexing, copying, loading, feeding, processing, or delivering any video asset, audio file, educational copy, written guide, quiz logic, diagnostic framework, or other Content found on this Platform into any external or internal artificial intelligence system, large language model (LLM), machine-learning repository, neural-network architecture, or generative artificial intelligence tool, whether for the purpose of training, fine-tuning, embedding, reverse engineering, reproductive output generation, or any other purpose.

In addition, you shall not:

(a) use any robot, spider, scraper, data-mining tool, or other automated means to access, monitor, or copy any portion of the Website;
(b) harvest or collect information about other users;
(c) circumvent, disable, or interfere with any security or access-control feature of the Website;
(d) impose an unreasonable or disproportionately large load on the Company’s infrastructure; or
(e) attempt to gain unauthorized access to any system, account, or data.

12. Acceptable Use

You agree not to use the Website or Services to:

(a) violate any applicable law or regulation;
(b) infringe the intellectual property or privacy rights of any party;
(c) transmit any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, or otherwise objectionable material;
(d) harass, abuse, or harm the Company’s staff, clinicians, or other users;
(e) impersonate any person or entity or misrepresent your affiliation;
(f) introduce any virus, malware, or malicious code;
(g) engage in any unauthorized resale, redistribution, or commercial exploitation of the Services; or
(h) interfere with the proper functioning of the Website.

Violation of this Section may result in immediate suspension or termination of access and may be reported to law enforcement.

13. Fees, Payment, Financing, and Refunds

13.1 Fees and Payment

All fees are stated in United States Dollars (USD) and are payable in full at the time of purchase unless an approved financing arrangement applies. Accepted payment methods are processed through the Company’s PCI-compliant payment gateway. You are responsible for all applicable taxes. Detailed payment, card-on-file authorization, cancellation, no-show, and balance-collection terms are set forth in the Financial Agreement & Refund Policy, which governs in the event of any conflict with this Section.

13.2 Strict Refund Policy and Physical-Asset Forfeiture Milestones

NO REFUNDS WILL BE GRANTED OR ISSUED UNDER ANY CIRCUMSTANCES AFTER (i) ANY PHYSICAL COMPONENT — INCLUDING THE SLEEP SUCCESS KIT OR THE WATCHPAT HOME SLEEP TESTING UNIT — HAS BEEN SHIPPED FROM THE COMPANY’S LOGISTICS FACILITY, OR (ii) ANY LABORATORY OR DIAGNOSTIC ORDER HAS BEEN TRANSMITTED TO QUEST DIAGNOSTICS, OR (iii) ANY CLINICAL SERVICE HAS BEEN INITIATED OR RENDERED.

For the Tier 1 Foundations Program, all sales are final upon digital delivery of login credentials. If you request cancellation after checkout but before any physical component has entered active shipping and before any clinical action has been initiated, your transaction may be refunded less a mandatory three percent (3%) third-party payment-processor administrative fee, as further described in the Financial Agreement & Refund Policy. The limited goodwill carve-outs (for example, a disqualifying contraindication discovered by the Company, the unavailability of the treating clinician with no acceptable covering provider, or a vendor failure beyond reasonable control) are set forth in the Financial Agreement & Refund Policy.

13.3 Chargeback and Pre-Dispute Procedure

You agree that, before initiating any chargeback or payment dispute with your card issuer or bank, you will first contact the Company in writing at [email protected] within seven (7) calendar days of the disputed charge and attempt in good faith to resolve the matter. Abusive, fraudulent, or bad-faith chargebacks may result in suspension or termination of your account, referral of the outstanding balance to collections, recovery of associated fees and costs, and reporting to credit reference bureaus, all to the extent permitted by law.

13.4 Third-Party Financing and Truth in Lending Act (TILA) Insulation

The Company may make available, as a convenience, the option to finance the cost of certain products or services through independent third-party consumer lenders, including CareCredit and Cherry. The Company is not a lender, a creditor, a credit broker, or a financing entity. If you elect to finance any purchase through CareCredit, Cherry, or any other third-party lender:

(a) you are entering into a separate, independent contractual relationship directly with that lender;
(b) all credit decisions, approvals, denials, annual percentage rates (APR), interest charges, fees, repayment schedules, installment collections, disclosures, and dispute-resolution processes are governed exclusively by your agreement with that lender;
(c) all rights, obligations, and disclosures arising under the federal Truth in Lending Act (TILA), Regulation Z, and any analogous state lending or credit law are the sole responsibility of, and reside exclusively between, you and the third-party lender;
(d) the Company is fully and expressly insulated from, and shall have no liability whatsoever for, any claim, dispute, or cause of action arising under TILA or any other consumer-credit or lending law relating to such financing; and
(e) your obligation to repay the third-party lender remains fully in force regardless of whether you complete, terminate, or are dissatisfied with any product or service provided by the Company.

Before any redirect to a third-party lender, you will be notified that you are being sent to an independent third-party lender and that the Company has no role in that lender’s credit decision, terms, or APR.

14. Privacy, HIPAA, and Data Handling

Your use of the Website is also governed by the Company’s Privacy Policy (CCPA/CPRA-compliant), which describes how personal information is collected, used, and disclosed in the public, non-clinical environment. Protected health information created, received, or maintained within the authenticated Healthie EHR clinical environment is governed by the separate HIPAA Notice of Privacy Practices and the California Confidentiality of Medical Information Act (CMIA), not by the Privacy Policy applicable to the marketing Platform. You acknowledge the distinction between the non-clinical Platform (including the RedNova CRM and ManyChat channels) and the secure clinical environment, and you agree not to transmit protected health information through non-clinical channels.

15. Accessibility

The Company is committed to digital accessibility and maintains a separate Accessibility Statement describing its conformance target (WCAG 2.1 Level AA), available accommodations, and the contact information for its Accessibility Coordinator. Requests for accommodation may be directed to the Accessibility Coordinator, Jona, at [email protected].

16. Disclaimers of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, THE CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

The Company expressly disclaims all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company does not warrant that the Website will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that any defects will be corrected. The Company makes no warranty or guarantee of any specific health, clinical, or other outcome. Educational Materials are informational only and are not a substitute for professional medical advice, diagnosis, or treatment. At-home sleep testing and wearable-device data are screening and informational tools with inherent technical limitations and are not equivalent to in-laboratory polysomnography or FDA-cleared diagnostic devices.

Nothing in this Section limits any warranty or other right that cannot be excluded or limited under applicable California or federal law.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the fullest extent permitted by law, the Company’s total aggregate liability arising out of or related to these Terms, the Website, or the Services shall not exceed the total amount actually paid by you to the Company in the twelve (12) months immediately preceding the event giving rise to the claim.

17.1 Required California Carve-Out (Civil Code § 1668)

Notwithstanding anything to the contrary in these Terms, nothing in these Terms shall operate to limit, exclude, or disclaim liability for:

(a) death or personal injury caused by the negligence of the Company or its clinicians;
(b) fraud or fraudulent misrepresentation;
(c) any violation of law; or
(d) any other liability that may not lawfully be limited or excluded under California Civil Code § 1668 or any other applicable law.

The limitations and exclusions in this Section apply only to the maximum extent permitted by applicable law.

18. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, shareholders, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

(a) your breach of these Terms or any incorporated document;
(b) your misuse of the Website or Services;
(c) your provision of false, inaccurate, or incomplete information;
(d) your User Content; or
(e) your violation of any law or the rights of any third party.

The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with the Company’s defense.

19. Dispute Resolution; Binding Individual Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE COMPANY ON AN INDIVIDUAL BASIS AND LIMITS THE WAYS YOU CAN SEEK RELIEF.

19.1 Mandatory Written Notice and Informal Good-Faith Mediation

Before filing or initiating a formal AAA arbitration demand, the User must submit written notice to [email protected]. The notice must identify the User, describe the dispute and factual basis, state the requested relief, and provide contact information. The User must permit at least thirty (30) calendar days for informal good-faith resolution or mediation. The process is a non-waivable condition precedent to filing or initiating formal AAA arbitration.

19.2 Binding Arbitration

Except as set forth in Section 19.4, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the non-clinical Services shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and judgment on the award may be entered in any court of competent jurisdiction. This arbitration provision is governed by the Federal Arbitration Act (FAA).

19.3 Class Action and Class Arbitration Waiver

You and the Company agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding.

19.4 Carve-Outs

Notwithstanding the foregoing, either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information. Nothing in this Section waives any non-waivable statutory right, and disputes that cannot lawfully be subjected to arbitration are excluded from this Section.

20. Governing Law and Venue

These Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. Subject to the arbitration provision in Section 19, the exclusive venue for any permitted judicial proceeding shall be the state and federal courts located in Orange County, California, and you consent to the personal jurisdiction of such courts.

21. Term, Suspension, and Termination

These Terms remain in effect for as long as you access or use the Website or Services. The Company may suspend or terminate your access, in whole or in part, at any time and without prior notice, for any material breach of these Terms, including non-payment, non-compliance, abuse, fraud, credential sharing, or misrepresentation. Termination of access does not affect any clinical-record retention obligations or your statutory right of access to your own clinical records, which are governed by the HIPAA Notice of Privacy Practices and applicable law. The provisions of these Terms that by their nature should survive termination (including Sections 10, 11, 13, 16, 17, 18, 19, 20, and 22) shall survive.

22. General Provisions

22.1 Changes to These Terms

The Company may modify these Terms from time to time. The “Last Updated” date will reflect the most recent revision, and material changes will be communicated by reasonable means. For active clinical patients, material changes affecting clinical care may require re-consent. Your continued use of the Website after the effective date of any revised Terms constitutes acceptance of the revised Terms. A versioned archive is available upon request.

22.2 Notices

Legal notices to the Company must be sent in writing to Genesis MD, Inc., operating as Genesis Sleep MD, 510 Superior Avenue, Suite 200A, Newport Beach, California 92663, with a copy to [email protected]. The Company may provide notice to you via the email address or other contact information associated with your account.

22.3 Assignment

The Company may assign these Terms, in whole or in part, to any successor or affiliate, including in connection with a merger, acquisition, or sale of assets. You may not assign these Terms without the Company’s prior written consent. Any prohibited assignment is void.

22.4 Force Majeure

The Company shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including pandemics, epidemics, natural disasters, governmental action, war, civil unrest, labor disputes, utility or internet outages, or the failure of any third-party SaaS, hosting, payment, laboratory, or artificial-intelligence vendor.

22.5 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary or severed, and the remaining provisions shall continue in full force and effect.

22.6 Entire Agreement

These Terms, together with the incorporated documents, constitute the entire agreement between you and the Company regarding the subject matter and supersede all prior or contemporaneous understandings.

22.7 No Waiver

The failure of the Company to enforce any provision shall not constitute a waiver of that or any other provision.

22.8 Consumer Review Fairness Act

Nothing in these Terms restricts or penalizes your right to publish honest reviews of the Company’s products or services in accordance with applicable law.

22.9 Electronic Signatures and Communications (E-SIGN / UETA)

You consent to transact business electronically and agree that your electronic acceptance of these Terms — including by clicking “I agree,” checking a clickwrap box, or otherwise manifesting assent — constitutes a valid and binding electronic signature under the federal E-SIGN Act and the California Uniform Electronic Transactions Act (UETA). The Company captures and retains the date, time, IP address, and version of the Terms accepted as evidence of acceptance.

22.10 Acceptance Mechanism

These Terms are presented for acceptance through an active, unchecked clickwrap checkbox at applicable lead-capture and checkout points. Acceptance is recorded with a timestamp, IP address, and the specific version string of the document accepted.

23. Designated Points of Contact

General and Customer Support / Legal Notice (copy): [email protected]
HIPAA Privacy Officer and HIPAA Security Officer: Dr. Meneena Bright
DMCA Designated Agent: Dr. Meneena Bright (notices to the principal business address above)
Accessibility Coordinator: [email protected]
Principal Business / Legal Notice Address: Genesis MD, Inc., operating as Genesis Sleep MD, 510 Superior Avenue, Suite 200A, Newport Beach, California 92663
Registered Agent (Service of Process): 500 North Brand Boulevard, Suite 890, Glendale, California 91203

Copyright © Genesis MD, Inc. 2026. All rights reserved. “Genesis Sleep MD,” “Genesis MD,” and “Genesis Protocol” are trademarks or service marks of Genesis MD, Inc.