OPTIMABILITY PERFORMANCE SOLUTIONS INC.
Terms of Service
Effective Date: October 13, 2023 (Updated: August 1, 2025)
1. Introduction
Optimability Performance Solutions Inc. (“Optimability,” “we,” “our,” “us”) provides health optimization and lifestyle services designed to enhance performance, longevity, and personal well-being. Our services integrate advanced data analysis, including blood, gut, DNA, and DEXA testing, with lifestyle and performance recommendations, as well as in-home support from trained specialists.
Important Disclaimer: We are not licensed medical providers. All information, programs, protocols, and recommendations are provided for educational and lifestyle purposes only. Optimability does not diagnose, treat, cure, or prevent any disease. Clients should consult a licensed healthcare provider before making any changes to diet, supplementation, or exercise. By accessing or using our services, you agree to these Terms of Service (“Agreement”). If you do not agree, you must not use our services.
2. Services Provided
Our services may include but are not limited to:
- Precision nutrition and supplement protocols
- Gut and blood health optimization recommendations
- Training and recovery support
- Deployment of in-home chefs, trainers, masseuses, and mobility experts
- Continuous lifestyle recommendations based on data monitoring
3. Term & Termination
This Agreement begins on the date of acceptance and continues until terminated.Either party may terminate with 10 days’ written notice. Either party may terminate immediately if the other materially breaches this Agreement. Upon termination, services transition to a month-to-month basis unless otherwise agreed. Fees for services already provided are non-refundable.
4. Client Responsibilities
The Client agrees to diligently follow provided instructions and protocols. Failure to comply may result in service cancellation without refund. All recommendations are educational guidance; the Client assumes full responsibility for implementing them safely and appropriately.
5. Fees & Payment
Compensation is as agreed during the recorded discovery call. Invoices are due upon receipt. All fees are in USD unless otherwise specified and are non-refundable once services commence. Fees exclude applicable sales taxes or duties, which will be charged separately.
6. Confidentiality
Both parties agree to maintain strict confidentiality regarding proprietary or sensitive information. Confidentiality obligations survive termination indefinitely.
7. Intellectual Property
All intellectual property developed or provided by Optimability remains the sole property of Optimability. The Client is granted a limited, personal, non-transferable license to use such materials solely for their own use during the term of the Agreement. Materials may not be copied, distributed, or repurposed commercially.
8. Non-Solicitation
The Client agrees that during the term of this Agreement and for a period of two (2) years following termination, the Client shall not directly or indirectly solicit, hire, or contract with any Optimability employee, contractor, or consultant introduced through the Services, without Optimability’s prior written consent. Any breach of this provision will result in liquidated damages equal to two (2) years of the staff member’s projected compensation.
9. Independent Contractor Status
Optimability provides services as an independent contractor and not as an employee, partner, or joint venturer of the Client.
10. Indemnification
The Client assumes full responsibility for use of the Services. The Client agrees to indemnify and hold harmless Optimability and its affiliates, officers, employees, and contractors from any claims, damages, or liabilities arising from:(a) the Client’s misuse of Services, (b) the Client’s failure to consult licensed medical professionals, (c) reliance on educational guidance for medical conditions. This indemnification survives termination.
11. Limitation of Liability
To the maximum extent permitted by law, Optimability shall not be liable for indirect, incidental, or consequential damages. Optimability’s total liability for any claim shall not exceed the amount paid by the Client for Services in the 3 months preceding the claim.
12. Force Majeure
Neither party will be liable for delays or failure to perform obligations due to causes beyond their reasonable control, including natural disasters, pandemics, government restrictions, labor disputes, or supply chain disruptions.
13. Notices
All notices must be in writing and delivered to the official email or address provided by the parties.
14. Governing Law
This Agreement shall be governed by the laws of the Province of British Columbia.
15. Severability
If any provision is deemed invalid or unenforceable, the remaining provisions shall remain in effect.
16. Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements.
17. No Guarantees
Optimability provides guidance and services intended to improve performance, health, and longevity, but makes no guarantees of specific results.