Terms of Service

What a Gift is

A Filia Gift is prepaid credit you buy for another adult, the recipient. You may suggest an eligible test or panel, but the recipient may confirm or change their tests. Buying a Gift does not place a laboratory order.

Information supplied by the purchaser

Provide only the recipient’s name and email address, plus an optional message. Do not provide their date of birth, sex, address, phone number, health history or other health information. You confirm that you are at least 18 and may provide their name and email to deliver the Gift. You may not select or suggest HIV, sexually transmitted infection, pregnancy or drug tests for the recipient.

Recipient choice and agreements

Using a Gift is voluntary. The recipient must sign in or create their own account, meet the applicable eligibility requirements, provide their own information, choose or confirm their tests, and personally accept the required Terms and testing agreements before their order is placed. The recipient may decline the Gift. You must not pressure or require someone to use it. Gifts may not be used by employers to provide testing to employees.

Purchaser access

You can see payment and gift status, including whether the Gift was sent, redeemed, declined or refunded. You cannot see the recipient’s selected tests, appointments, requisitions, physician decisions, results or other health information. Requisitions and results belong to the recipient’s clinical account.

Expiry, redemption and refunds

Unredeemed Gift credit does not expire. Opening an invitation or creating an account does not redeem the Gift. Redemption occurs when the recipient’s testing order is accepted. Before redemption, you may request a full refund to your original payment method. If the recipient declines, is ineligible, or the reviewing physician does not approve the order, you will receive a full refund. Otherwise, after redemption, the applicable order refund policy applies. Unused credit remains available, and expiration of an access link does not expire the credit.

HSA/FSA

HSA/FSA funds can generally be used only for qualified medical expenses for yourself, your spouse or your dependents. Check with your plan administrator before using these funds for a Gift. We do not give tax advice.

Recipient and resale

A Gift is for the named recipient and may not be resold.

These terms are a contract between you and Vanguard Performance LLC (2901 Cleveland Ave., Suite 102, Santa Rosa, CA 95403), which operates Filia at https://myfilia.com and its associated app. Vanguard Performance LLC also operates Vanguard at https://vanguardperform.com; each site has its own account and these terms apply to Filia only. By creating an account, placing an order, or using the site you agree to these terms, to the Privacy Policy, and to any consent you are asked to give for a particular service, such as the Consent to Laboratory Testing. If you do not agree, do not use Filia.

We may change these terms. If a change matters, we email account holders at least 14 days before it takes effect and note the new date at the top of this page. Using Filia after that date is agreement to the change. A change never applies backwards to an order you have already placed.

• You must be 18 or older to buy a test or a Gift.
• You must be in the United States. Test availability depends on the test, laboratory, where you live and where your sample will be collected. See the Consent to Laboratory Testing.
• You must be acting for yourself. Every test is ordered in the name of the person being tested, who completes their own profile and gives their own consent. You may pay for a test for someone else through our gift option: you pay, we send them a prepaid checkout link, and they complete their own profile and consent before the order is placed. You may not order a test in someone else’s name, and you may not use Filia on behalf of a competitor.
• Licensed healthcare providers and clinics with a Filia provider account may order tests for their own patients. The ordering provider is responsible for obtaining each patient’s consent and for reviewing and following up on results with the patient.
• You must give us true information. A test ordered under a false name or date of birth is a test the laboratory cannot safely perform, and an order placed with false information is cancelled.

Filia is a website and app through which you can buy laboratory tests, see and keep your results, read educational material about what those results measure, and use the other features described in the sections below. What we are not is a medical practice, a laboratory, a pharmacy or an insurer; the Medical Disclaimer says so at length and is part of these terms.

Nothing on Filia is medical advice, and Filia is not for emergencies. If you think you are having a medical emergency, call 911.

When you order a blood test, Filia passes the order to Junction (Adept Labs, Inc.), which arranges for an independent licensed physician from one of its affiliated medical groups to review it. That physician decides whether to authorize each test, signs the requisition, receives and evaluates the results, and may contact you about them. Your specimen is collected and analyzed by Quest Diagnostics (Quest Diagnostics Incorporated) at its own facilities under its own policies. Neither the physician nor the laboratory is employed by or controlled by Filia, and the physician’s review does not make anyone your doctor for ongoing care.

You may only order testing after accepting the Consent to Laboratory Testing and the two documents from Junction presented at checkout. Those documents, together with this section, govern every test you order. In short: you choose the tests; the physician may decline any of them, in which case that test is refunded; results are information rather than a diagnosis; the laboratory and the physician handle critical results by telephone; and testing is self-pay, never billed to insurance, Medicare or Medicaid.

Specialty tests collected with a mailed kit are analyzed by the laboratory named on the test’s page rather than by Quest Diagnostics, are authorized by a physician in the same way, and are covered by the same consent.

Where two tests you order overlap, the overlapping measurement is drawn and charged once; the price shown at checkout is what you pay. Prices are set by Filia, include the physician’s review and the laboratory’s work, and can change; the price at the moment you order is the price for that order.

Your results, the health history you enter, and any documents you upload belong to you. We hold them to show them to you, to let the ordering physician see what they need, and as the Privacy Policy describes, and you can download or delete them as it explains. A result you upload from another laboratory is shown as you gave it to us; we do not verify it, and a value read from an uploaded document may be wrong.

The reference ranges beside a result come from the laboratory. The notes and explanations Filia adds are general education written for a broad reader; they are not tailored to you and are not a substitute for a clinician who knows your history. See the Medical Disclaimer.

The cycle-tracking features let you record observations about your cycle and show you estimates built from them: the phase you are likely in, a fertility signal, and days that may suit certain blood draws. They are estimates for education and for timing tests. They are not a method of contraception, not a fertility diagnosis, and not a basis for a decision about pregnancy; the Medical Disclaimer says so and you agree to treat them that way. What you record is health information about you and is handled as the Privacy Policy and the Consumer Health Data Privacy Notice describe.

Dietary supplements sold on Filia are sold by Vanguard Performance LLC and shipped within the United States. Statements about them have not been evaluated by the Food and Drug Administration, and they are not intended to diagnose, treat, cure or prevent any disease. Read the label, follow it, and talk to your clinician before taking a supplement if you are pregnant, breastfeeding, taking medication or managing a condition. Returns are described in the Refund Policy.

The medications section of Filia is educational. Every laboratory result is screened by a licensed clinician for critical values. If a result needs urgent attention, the clinician or the ordering physician will try to reach you at the phone number in your account. This screening is a safety check only. It is not a diagnosis, an interpretation of your results, or treatment, and it does not make that clinician your doctor for ongoing care. Please review your results with your own clinician. Prescriptions and pharmacy fulfilment are not currently offered through Filia, and nothing on the site is an offer to prescribe. If we introduce them, treatment consultations and prescribing will be delivered by independent licensed clinicians practising through a separate medical entity, under a separate Telehealth Informed Consent, with their own state availability and their own refund terms, all published before the service opens. Whatever form that takes, Filia will never practise medicine, prescribe, dispense or compound; no prescription will ever be guaranteed; and any compounded medication offered through a partner pharmacy is not approved by the Food and Drug Administration.

• One person, one account. Keep your login private and tell us at once if you think someone else has used it; what happens in your account is treated as done by you until you do.
• Keep your contact details current. The ordering physician telephones the number in your account about a critical result, and results notices go to the email in it.
• We may suspend or close an account that breaks these terms, that is used to harm someone, or that we cannot verify belongs to an adult. You may close yours at any time from Settings; the Privacy Policy says what happens to your data when you do.

Prices are in US dollars and are shown before you order. Sales tax is added where the law requires it. You pay when you order, through a payment processor that handles your card details; Filia never sees your full card number. Gift credit follows Gifts. Other account credit and referral credit have no cash value, cannot be transferred or withdrawn, and are applied as the Refund Policy and the Referral Program Terms describe. One discount applies per order.

The Refund Policy is part of these terms and says exactly when money comes back.

Email is your primary contact with us, including for any notice the law requires us to send you. We email you about your account and orders; you cannot opt out of those while you have an open order, because they include the notice that results are ready. Marketing email and every text message are separate opt-ins that you can withdraw at any time in Settings, by the unsubscribe link, or by replying STOP; the SMS Terms govern texts. Consent to marketing is never a condition of buying anything.

• Order a test in someone else’s name, or resell anything bought here. Paying for someone through the gift option, or a provider ordering for their own patients, is allowed.
• Give false information to us, to the ordering physician, or to the laboratory.
• Copy, scrape or republish the site’s content, prices or catalog, or use automated tools against the site.
• Interfere with the site, probe its security, or try to reach another person’s account or data.
• Use the site to harass anyone, or to break any law.

The site, its text, design, catalog, educational material and software belong to Vanguard Performance LLC or its licensors and are protected by copyright and trademark law. You may use them to use Filia and for nothing else. What you put into the site, including your health history, observations and uploaded documents, stays yours; you give us only the licence we need to store it, show it to you, share it with the ordering physician and laboratory as the Privacy Policy describes, and improve the service in de-identified form.

Using Filia involves other companies, each responsible for its own service and each with its own terms and privacy notice: Junction and its affiliated medical groups for the physician review; Quest Diagnostics for specimen collection and analysis; the laboratory named on a specialty test’s page for that test; and our payment processor for your card. When you accept a document from one of them at checkout, that document is between you and them. Filia is responsible for its own service and for choosing partners carefully; it is not responsible for a partner’s performance of medicine, laboratory work or payment processing, and a complaint about those goes to them, with our help if you ask for it.

Filia is provided as it is. To the extent the law allows, we make no warranty that the site will be uninterrupted or error-free, that a laboratory result will be accurate, that educational content is complete or current, or that any test will be authorized or produce a result. Some states do not allow a business to disclaim implied warranties, in which case the disclaimer applies only as far as that state permits.

To the extent the law allows, Vanguard Performance LLC is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or data, arising from Filia, and its total liability for any claim arising from Filia is limited to the greater of the amount you paid us in the twelve months before the claim and $100. These limits do not apply to liability that cannot be limited by law, including for death or personal injury caused by our negligence, for fraud, or for gross negligence or wilful misconduct.

If your breach of these terms, your false information, or your unauthorized ordering in someone else’s name (excluding the gift and provider exceptions in Who may use Filia) causes a claim against Vanguard Performance LLC by a third party, you agree to cover the reasonable costs of that claim, including reasonable legal fees, to the extent it was caused by you.

Talk to us first. Write to info@myfilia.com describing the problem and what would resolve it; we will do the same if we have a claim against you. Neither of us starts arbitration or a lawsuit until 30 days after that notice, and that period does not count against any time limit for bringing a claim.

If we cannot resolve it, you and Vanguard Performance LLC agree that any dispute arising from these terms or Filia is decided by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and the Federal Arbitration Act, before one arbitrator, in Sonoma County, California, or by video, or in the county where you live if you prefer. We pay the arbitration fees beyond the amount a court filing would have cost you. The arbitrator can award whatever a court could award to you individually.

Class actions and class arbitrations are waived: each of us brings claims only in our own name, not as a plaintiff or class member in any class, consolidated or representative proceeding. Either of us may instead bring an individual claim in small-claims court, and either of us may ask a court to stop infringement of intellectual property.

You can opt out of arbitration. Within 30 days of first accepting these terms, email info@myfilia.com with your name, the email on your account and the words “I opt out of arbitration”. Opting out changes nothing else about these terms or your account.

These terms are governed by the law of California, without regard to its conflict-of-law rules, and anything not sent to arbitration is brought in the state or federal courts for Sonoma County, California, whose jurisdiction you accept. Nothing in this section takes away a right the law of your state gives you that cannot be waived.

• These terms, the documents they incorporate, and any consent you give for a service are the whole agreement between you and Vanguard Performance LLC about Filia.
• If a court finds part of these terms unenforceable, the rest stands, except that if the class-action waiver is found unenforceable for a claim, that claim is decided in court rather than arbitration.
• We may assign these terms to a successor to the business; you may not assign them. Not enforcing a term today is not a waiver of it tomorrow.
• We are not responsible for delay or failure caused by something outside our reasonable control, including a laboratory’s or a physician network’s outage.
• Notices to you go to the email on your account. Notices to us go to info@myfilia.com or by mail to Vanguard Performance LLC, 2901 Cleveland Ave., Suite 102, Santa Rosa, CA 95403.

Notice to California residents

Under California Civil Code section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Filia is provided by Vanguard Performance LLC, 2901 Cleveland Ave., Suite 102, Santa Rosa, CA 95403; charges are as shown at checkout; complaints about the service may be sent to info@myfilia.com.

Support

info@myfilia.com

Legal notices

info@myfilia.com

Privacy

info@myfilia.com

Mail

Vanguard Performance LLC, 2901 Cleveland Ave., Suite 102, Santa Rosa, CA 95403