Zyliant™ Release, Disclaimer, and Assumption of Risk

Zyliant™, a product of Wyoming Health Innovation Living Laboratory (“WHILL”), is a digital screening tool which can be used, in conjunction with the services of a health care provider, to give participants insight into their neurohealth through a series of assessments surrounding cognition and mobility.

CAUTION! Zyliant™ is not a “medical device” under section 201(h)(1) of the federal Food, Drug and Cosmetic Act, and is not regulated or approved for use by the federal Food and Drug Administration or any other federal or state agency.  ZYLIANT ™ DOES NOT PROVIDE MEDICAL ADVICE, OR IDENTIFY, DIAGNOSE OR TREAT ANY DISEASE OR MEDICAL CONDITION, and Zyliant™ should not be used or relied upon to do so. Zyliant™ provides data relating to an individual’s neurohealth that may be used by a health care provider in the course of diagnosis or treatment.  Nothing in the assessments, scores, results, or communications generated by use of Zyliant™should be used or relied on as a substitute for medical advice and full evaluations from a qualified health provider. The individual assessments, calculations, communications, cost, and availability may change at any time without notice. Your use of Zyliant™ does not create any type of health care provider-patient relationship between you and WHILL.  If you have concerns or questions about use of Zyliant, or any information provided by your use of Zyliant™, consult your treating physician.

WHILL is making Zyliant™ available to you conditioned on your acknowledgment of and agreement to the following terms and conditions, signified by your use of Zyliant™:

-       The use of any information provided by Zyliant™ is solely at your own risk, and you assume all risks of use, including but not limited to illness and/or bodily injury, emotional distress, property damage, and death.

-       WHILL makes no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information provided by Zyliant™. You specifically assume the risk of “false positives” and “false negatives” that may result of using Zyliant™, and all consequences of those “false positives” and “false negatives”.

-       You agree to, and do hereby, release and hold harmless WHILL, and all WHILL’s affiliates, owners, employees, and agents, from any and all claims you, or anyone claiming by or through you, may have as a result of any loss or damage of any kind incurred by you or any other person as a result of your use of Zyliant™, to the full extent permitted by law.

-       Using Zyliant™ will result in your submission of personal health care data (“Personal Data”) to WHILL, the confidentiality of which may not be protected by any local, state or federal law or regulation, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA).  By voluntarily providing us with your Personal Data through your use of Zyliant™, you are consenting to our use of such Personal Data, and agree that all data collected through use of Zyliant™, including Personal Data is the sole and exclusive property of WHILL. WHILL may share, transfer or sell Personal Data, without further notice to you, to any person, for any purpose, subject only to restrictions or limitations in WHILL’s privacy policy or applicable law. WHILL’s privacy policy and/or applicable law may change at any time, without notice to you.

Updated 11/30/22