Terms of Service
Welcome to Wellness Reports Ltd, trading under the name ‘Genetic Insights.’ Our goal at Genetic Insights is to create an environment where you can learn about your genetic makeup, easily discover information relevant to your genetics and lifestyle, and connect with other people on the same journey. We aim to create tools that you can use to identify genetic variations of interest to you. We also aim to provide information that you can consider when thinking about how to respond to those variants of interest. For us to provide you with the Services described above we need to analyze files that contain data about your genetic variations. The information hidden in your genetic makeup is both extremely useful and personal.
“Genetic Insights” means Genetic Insights, and/or its affiliates (“Genetic Insights”, “we”, “us”, “Lab Test Analyzer”). We provide website content, functionality, and other products and services to you when you visit or make purchases at http://www.Genetic Insights.co (the “Site”) or remotely through any Genetic Insights applications (collectively, the “Services”). “Service” or “Services” includes Genetic Insights’s products, software, services, consultations, the mobile app and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless of if the use is in connection with an account or not.
Genetic Insights provides the Services subject to the following terms and conditions.
By accessing or using the Site or Services, you agree to be bound and abide by these Terms of Service. Please read them with care.
1. Requirements for Use of the Services
By using the Services, you represent and warrant to us that you are (i) of legal age to form a binding contract with Genetic Insights and agree to these Terms of Service, and (ii) are not barred under any applicable laws from doing so or from receiving Services in the jurisdiction where you reside or where you use them. You must be 18 years or older to create a Genetic Insights account or purchase a Genetic Insights Product (see below). If you do not meet these requirements, you must not access or use the Services.
2. Additional Terms
3. Description of Services
The Services include the following features and functions related to genetic interpretation:
a. Uploading a Genotype File.
To request our assistance regarding your rights under these Terms of Services, you can obtain more information about the protections given to your data by reaching out to our Privacy Team at email@example.com.
For those individuals within the European Economic Area (“EEA”) and the United Kingdom, you can reach us at firstname.lastname@example.org. Genetic Insights obtains this data from a genotype file that you upload. The genotype file data and any interpretation of that data, are your “Genetic Information.”
b. Genetic Insights Platform.
Genetic Insights hosts a platform (the “Genetic Insights Platform”) where you may receive insights about yourself or another person from Genetic Insights based on the Genetic Information you provide (“Genetic Insights”) to us.
Genetic Insights Products are made by Genetic Insights and use a portion of your Genetic Information to offer a specific Genetic Insights Product or Service to you. The Genetic Insights Platform provides you with tailored results based on the genotype file you choose to use.
c. Genetic Insights Account.
Genetic Insights provides you access to a software platform via a https://GeneticInsights.co account (the “Genetic Insights Account”). Your Genetic Insights Account allows you to manage your Genetic Information, your Genetic Insights, the Genetic Insights Products you purchased, and other account settings.
Genetic Insights Services include, but are not limited to, utilities (tools within the website that perform specific functions relating to processing your genetic and lab test data and presenting results) for interpreting your Genetic Information. These are not guaranteed to be accurate and may be discontinued at any time. Services also include a community platform for forum-based discussion where you can share information related to the findings we made based on your Genetic Information. This community platform may be canceled at any time.
Services are offered to you via a subscription membership with either a yearly, monthly, or one-time fee determined by the subscription package you choose. Subscriptions cannot be placed on hold. Please see the Renewals, Cancellations, and Refund Policy below for more information.
Once your sample is received by Genetic Insights, DNA extraction, sequencing, and data analysis are performed to provide non-diagnostic reporting and recommendations. At its discretion, Genetic Insights may use third-party laboratories to perform DNA extraction, sequencing, and data analysis. Your sample collection kit may be Genetic Insights-branded even when such a third party will be doing DNA extraction, sequencing, or data analysis. By returning a sample kit, you acknowledge and agree that Genetic Insights may provide the sample to such third parties for DNA extraction, sequencing, or data analysis.
Genetic Insights and its affiliates may not be able to process your sample if your sample does not contain a sufficient amount of DNA or is contaminated. If this occurs, Genetic Insights will notify you and ask you to provide a new sample.
4. Changes to these Terms of Service and the Services
We may revise and update these Terms of Service and post the updated Terms of Service on the Site. All changes are effective immediately when we post them, and they apply to all access to and use of the Services from that point onward. If you use the Services after we post revised Terms of Service, you acknowledge and agree to the revised Terms of Service.
We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the Services or any portion are unavailable at any time or for any period.
5. Registering for and Accessing the Services
- your name and email address;
- your date of birth; and
- information we need for providing you with insights (genotype file)
To purchase a Genetic Insights Product, you must also provide the following:
- your credit card or other billing information.
You must obtain Internet access to use the Services. You are responsible for (i) any Internet access fees and providing your own equipment for Internet access, and (ii) ensuring that all persons who access the Services through your internet connection or on your behalf are aware of these Terms of Service and comply with them.
When you create a Genetic Insights Account, you must choose a password and treat your password as confidential. You agree not to let someone else access the Services using your username, password, or other security information. You agree to let us know immediately of any unauthorized account access or any other breach of security.
You also agree to ensure that you exit from your account at the end of each session. When accessing your account from a public or shared computer, you should use particular caution so that others are not able to view or record your password or your other information.
Genetic Insights is not liable for any loss or damage that results from your failure to comply with these obligations. You authorize Genetic Insights to authenticate your identity when accessing the Services. This may include asking you for your date of birth and other information that will allow Genetic Insights to reasonably verify your identity.
You must provide a valid credit card number or a web-based payment account when you order a Genetic Insights product or service. You represent and warrant that you are authorized to use such a credit card or web-based payment account, and you agree to pay all charges incurred using your account.
You agree that we may pass your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the services ordered by you. All charges are exclusive of sales and other taxes, and you are responsible for payment of any applicable taxes (other than taxes on Genetic Insights income).
We reserve the right to accept or reject orders for any reason. Price and availability of any service are subject to change without notice (unless you have purchased an ongoing subscription to a Genetic Insights product or service, in which case the subscription price paid by you for such service shall apply during the term of such subscription).
If we believe that you have violated these Terms of Service, we have the right at any time to disable or terminate access to your account.
6. Uploading Your Genotype File
To upload your genotype file for use with the Genetic Insights Platform, you must have a genotype file from previous sequencing through a third party. When you upload your genotype file, you agree to the following:
- You understand that health-related interpretations are for information purposes only and not intended to diagnose or treat diseases. You should consult a physician, genetic counselor, or qualified health professional before acting on any interpretation. Genetic Insights may provide a consultation as part of our service and/or products.
7. Purchases Using the Genetic Insights Platform
The Genetic Insights Platform provides a venue for you to receive personalized information or purchase Genetic Insights Products based on your Genetic Information.
You agree to pay for all Genetic Insights Products you purchase, including any taxes and fees that apply. Prices listed in the Genetic Insights Platform may change at any time. We do not provide price protections or refunds on previous purchases in the event of a Genetic Insights Product price reduction or promotion.
Genetic Insights does not submit or process insurance paperwork or claims for the Services. We do not expect the Services to be covered by any health insurance policy nor guarantee that the fees charged for any Service will be reimbursed by any insurance provider.
a. Service Fees.
By registering for an account with us, you will receive rights and privileges that are personal and non-transferable. All sales and payments of fees (if any) will be in US Dollars. Genetic Insights is not responsible for any currency conversion or transaction fees charged by your payment method service provider. We charge fees based on our sales agreement with you, whether that agreement is separately signed, or part of an online check-out process. We reserve the right to change prices for the Services at any time, but any such change will only apply to you when your then-current enrollment term is renewed. You are responsible for paying any and all applicable sales and use taxes for the purchase of the Services. We may suspend or terminate your account and/or access to our Services if your payment is late and/or your offered payment method (e.g., credit card or PayPal account) cannot be processed.
b. Renewals, Cancellations, And Refund Policy.
Subscriptions – note this only applies to our subscription products
i. Automatic Renewals.
Subscriptions automatically renew to ensure an uninterrupted service. This means that once you become a subscribing member, your subscription will automatically renew based on the subscription you chose (e.g. annually, monthly, etc.) unless you cancel by following the instructions in this agreement.
UNLESS YOU NOTIFY US AT LEAST 30 CALENDAR DAYS PRIOR TO THE END OF THE CURRENT SUBSCRIPTION PERIOD THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. AUTO-RENEWED SUBSCRIPTIONS WILL NOT BE REFUNDED.
Please ensure that your billing information is correct to prevent your subscription from lapsing. If you discontinue an old Subscription plan no longer offered by stopping its renewal, or allowing it to expire, you are not guaranteed to be able to purchase it again at the same price in the future. Prices and terms for subscriptions may change at any time. The price and terms in place when you made your initial purchase or when your subscription last renewed will stay in effect for the duration of that subscription period, but new prices and terms may apply to renewals or new subscriptions. Genetic Insights will give you reasonable notice of any change in price or terms before they go into effect. If you do not want to renew your subscription under these new prices or terms, you may cancel your subscription as described below.
In order to participate in the Program, your Membership Fee payments will be charged to your credit card on a recurring basis. You hereby agree to allow Genetic Insights to securely store your credit / debit card information (the “Payment Method”). You authorize the Payment Method to be used automatically for your payment responsibilities to Genetic Insights. If a credit card account is being used for a transaction, Genetic Insights may obtain pre approval for an amount up to the amount of the payment. If you want to designate a different payment method or if there is a change in your Payment Method information, you can change the information with Genetic Insights. This may temporarily delay your ability to make online payments while Genetic Insights verifies the new payment information. You represent and warrant that: (1) any credit / debit card information you supply is true, correct and complete, (2) charges you incur will be honored by your credit/debit card company, (3) you will pay the charges incurred in the amounts posted, including any applicable taxes, and (4) you are authorized to make a purchase or other transaction with the relevant credit / debit card and information. You agree and authorize the Payment Method to be billed automatically in accordance with the Membership Fee Payment Schedule in an amount equal to the Membership Fee in effect for your Membership Term.
If Genetic Insights is unable to secure funds from your debit / credit card(s) for any reason, including, but not limited to, insufficient funds in the debit / credit card or insufficient or inaccurate information provided by you when submitting electronic payment, Genetic Insights may undertake further collection action, including application of penalty charges to the extent permitted by law.
ii. Subscription Cancellations and Refunds.
To cancel your subscription, in your Genetic Insights account go to My Account > Manage Subscriptions > Cancel My Subscription.
Genetic Insights values the satisfaction of its customers and offers a thirty (30) day money back guarantee. If you are not satisfied with your subscription, you may request a full refund by contacting Customer Support (email@example.com) within thirty (30) days of the initial purchase date of the subscription.
After the initial thirty (30) calendar days, subscriptions are not eligible for refund. Refunds will also be refused to subscribers who have uploaded their genotype to Genetic Insights and have accessed the site. If you have questions about your refund eligibility and amount, please contact Customer Support (firstname.lastname@example.org)
All refunds will be reimbursed to the original payment method with which the purchase was made. Please allow a reasonable time for the refund to be credited to your account.
If you violate these Terms of Service, Genetic Insights has the right to terminate your access to all or part of the Services.
Taxes and Fees: Genetic Insights is not responsible for your failure to timely cancel your subscription renewal, nor for any credit card charges and fees you incur as a result of your failure to timely cancel a renewal. You will be responsible for all taxes and fees charged by other companies such as shipping, mobile carrier fees, data plan charges, overdraft fees, credit card fees, and foreign transaction fees.
DNA Testing Kits
i. Canceling Laboratory Processing.
You may cancel the laboratory processing of your DNA kit by contacting our Customer Support. When you contact Customer Support you will need to provide the barcode that was included in your DNA test kit. We recommend you store the code in a safe place. Your sample will get destroyed automatically one year after it was collected.
You cannot cancel the laboratory processing of your DNA kit after it has been received by the lab.
Genetic Insights does not store your genetic data alongside any personal identification. If you choose to cancel your subscription you will have the opportunity to request a deletion of all your data at cancellation.
ii. Refund Eligibility.
DNA Kit purchases are not eligible for refunds.
iii. Replacement Testing Kits.
Should you require a replacement DNA testing kit, you may email Customer Support (email@example.com) and provide the same information that you provided when you ordered your DNA Kit. Replacement kits are $25 per kit (plus applicable shipping and handling).
DNA Kit + Limitless Insights All Access Plan
i. Refund Eligibility.
The DNA Kit + Health Insights Plan is not eligible for refunds.
a. Gift and Offer Codes.
From time to time, Genetic Insights may offer gift codes, offer codes or other promotional codes to qualified customers through a variety of marketing activities and communications (collectively, “offer codes”). These offer codes are redeemable towards a purchase on www.GeneticInsights.co, or FeelYounger.Net, depending on the offer, subject to certain product exclusions or any other restrictions as may be determined and communicated by Genetic Insights at its sole discretion. Only valid offer codes provided or promoted by Genetic Insights will be honored at checkout. Codes that are supplied or promoted by third parties without Genetic Insights’s authorization will not be considered valid. Offer codes may not be combined and customers are limited to the use of a single offer code per order. Genetic Insights is not responsible for lost, stolen or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent, and no substitutions or credits are allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the purchased products or services is returned. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged, or expired, and where prohibited.
From time to time, Genetic Insights may engage spokesperson, influencers, bloggers or other individuals or entities who have been compensated or incentivized to speak on behalf of the Genetic Insights brand. When you receive an offer code from a third-party source, such as a television or radio show host, or a social media account, please note that such individuals or organizations may have been compensated by Genetic Insights for their statements or representations.
8. User Information and Content
Genetic Insights does not claim ownership of any content that you personally create or submit as part of the Services, including without limitation photos, any comments in forums, status updates posted to your profile page, or other information that you submit (collectively, “User Content”). However, by submitting, posting, or displaying your personal content, you give Genetic Insights, its affiliated companies, certain vendors, sub-licensees and successors a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works of your User Content.
You understand that we do not control, and are not responsible for, Feedback made available through the Site and that by using the Site, you may be exposed to Feedback that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. We expressly disclaim any liability for such Feedback. In that regard, you agree that you must evaluate, and bear all risks associated with, the use of any Feedback, that you may not rely on said Feedback, and that under no circumstances will we be liable in any way for any Feedback or for any loss or damage of any kind incurred as a result of your use of any Feedback posted, emailed or otherwise made available on the Site. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse, delete, or move any Feedback on the Site for any reason.
You understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by Genetic Insights or its collaborators. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.
9. Links to Third Party Sites
We think links are convenient, and we sometimes provide links and references on this Site to third-party websites or other types of providers. If you use these links, you will leave our Site and Services. We provide links as a matter of convenience and at the request of our Users. We do not have any control over third-party services, websites, and we are not responsible for any of the third-party websites (or the products, services of any kind, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party services and or websites linked to or referred from the Site, you do so entirely at your own risk.
Your correspondence or business dealings with/or participation in promotions of-information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
10. Customer Conduct and Unauthorized Activities
As a condition of your use of the Services you warrant that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore, you agree not to use the Services to:
- Upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You are guaranteeing that any sample you provide is your saliva; if you are agreeing to these TOS on behalf of a person for whom you have legal authorization, you are confirming that the sample provided will be the sample of that person.
- If you are a customer outside the U.S. providing a saliva sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside.
- Add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services.
- “Stalk” or otherwise harass another user.
- Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Download any file posted by another user of the Services that you know, or reasonably should know, cannot legally be distributed in such manner.
- Upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of Genetic Insights or any other party.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages.
- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law.
- Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site.
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services.
- Attempt to or actually override any security component of the Services.
- Interfere with or disrupt the servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
- Reverse engineer, decompile, disassemble, translate, mirror, or create derivative works of our Site or disrupt its normal functionality or intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
- Violate these Terms of Service, any code of conduct or other guidelines which may be applicable.
- Intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that Genetic Insights has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Genetic Insights may suffer) of any such breach. In case of breach of any one of these agreements Genetic Insights has the right to suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof) and you will defend and indemnify Genetic Insights and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or Genetic Insights has a reasonable ground to suspect that you have violated the terms of this Section, Genetic Insights has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof).
11. Content of Genetic Insights Products
The Genetic Insights Platform describes each Genetic Insights Product with information such as the science behind the product and the potential limitations of the product. This information is found on the details page for each product.
You may choose which interpretations you would like to receive based on these descriptions and your own judgment. Genetic Insights may provide interpretations of your Genetic Information and is responsible for the content of Genetic Insights Product(s), including the scientific basis of each product and the information each product provides. As part of our product review process, Genetic Insights evaluates the scientific quality behind all Genetic Insights Products on the Genetic Insights Platform. We ask that you report any Genetic Insights Product that you believe does not conform to quality standards or violate our Genetic Insights Platform policies. You can report these issues to Customer Support (firstname.lastname@example.org).
Please do not include any protected health information or other sensitive information when you contact Customer Support. Note that inquiries sent through the Customer Success portal, or emails are not encrypted or secure. You may choose to send your questions or concerns about Genetic Insights’s use or disclosure of protected health information to the following address instead:
Wellness Reports Ltd
128 City Road
You can retain copies of these communications for your records. You agree that all digital agreements, notices, disclosures, and other communications that we provide to you meet any legal requirement that such communications be in writing.
You are communicating with us electronically when you use any Service or send us emails and other communications from your desktop or mobile device. You agree to receive electronically all communications from us in connection with your Genetic Insights Account or your use of our Services, which may include emails, texts, mobile push notices, or messages on the Site or through other Services.
You can retain copies of these communications for your records. You agree that all digital agreements, notices, disclosures, and other communications that we provide to you meet any legal requirement that such communications be in writing.
13. Intellectual Property Rights
The contents of the Site and Services, including but not limited to all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Site and Services (collectively, “Material”) unless otherwise indicated, are owned, controlled, and/or licensed by Genetic Insights or its licensors. Any rights granted herein are expressly licensed. Genetic Insights does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Site or the Services (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Site or Services (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.
Genetic Insights grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes, subject to these Terms of Service and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.
Except for your rights to Genetic Insights Products you purchase, no other right, title or interest in or to the Services or any content on the Services is transferred to you. Genetic Insights reserves all rights not expressly granted. If you provide Genetic Insights with any suggestions, recommendations, or other feedback regarding the Services (“Feedback”), you agree that Genetic Insights may freely use and exploit such Feedback in any way and for any purpose. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site (including the exact URL);
- An address, a telephone number, and an e-mail address where we can contact you;
- A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and,
- Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
14. Notice of Limitations
Our genes influence many traits in our lives. At Genetic Insights, we believe in giving you access to your Genetic Information. This access can help you further your own self-discovery about your traits. But before you subscribe to our Services, you should be aware of what genetics can and cannot tell you.
Genetic Insights is not engaged in the practice of medicine, and information learned through Genetic Insights’s services is not intended for diagnostic or medical use:
Genetic Insights’s genetic testing services are not intended to be interpreted by users for the purposes of making any decisions regarding parentage or diagnostic or treatment. The information you learn through our services does not constitute medical advice, and you should not change your health behaviors solely on the basis of the provided genetic information.
BY USING GENETIC INSIGHTS’ GENETIC TESTING SERVICES, YOU AGREE THAT YOU WILL NOT USE ANY INFORMATION PROVIDED BY OUR SERVICE FOR DIAGNOSTIC OR HEALTH RELATED DECISION MAKING BEFORE SEEKING PROFESSIONAL ADVICE FROM A PHYSICIAN, GENETIC COUNSELOR, OR SIMILARLY QUALIFIED HEALTHCARE PROFESSIONAL REGARDING ANY HEALTHCARE DECISIONS BASED ON GENETIC TESTING RESULTS PROVIDED BY GENETIC INSIGHTS.
Rather, Genetic Insights’ services are for research, information, and educational use only. In short, much of the health-related information learned from the provided genetic testing results have not been clinically validated and the technology Genetic Insights uses, although used in research, is not broadly used in healthcare settings. Clinical validity refers to how well a specific genetic variant is related to the presence, absence, or risk of a specific disease or condition.
In considering a purchase of the Services or any Genetic Insights Product, you should be aware of certain risks and limitations of genetic interpretation. These include the following:
a. Genetics is an evolving field of study
- Genetic Insights Products are based on the current knowledge of genetics. This knowledge changes every day as we learn more through research. A Genetic Insights Product based on the current state of knowledge may have a different interpretation in the future.
- Even though we know many traits have a basis in genetics, we may not know or understand all the genetic contributions for a trait. Research in science and medicine is continuously discovering new links between genes and traits. Such research is also showing that some previously identified links may not be valid.
- Every genome is different. Every person has variations that are either unique to them or are not well described in medical and scientific literature. Your DNA will have variations that are not fully understood. As such, some Genetic Insights Products may reveal variations in your DNA that they cannot currently interpret.
- Genetic Insights Products provide interpretations based on scientific studies. Such studies are often based on a specific population, such as a specific ethnicity. Thus, you may receive interpretations that are based on a population that differs from your ethnicity or genetic background.
b. Genetics cannot tell you everything about yourself
- There are few cases where a single gene (or variation in a single gene) is completely predictive of any one trait. Most traits are influenced by multiple genetic and non-genetic factors. Your lifestyle, your environment and chance can also play a role in whether you will have or develop a trait.
- The interpretation of Genetic Information is often as a probability, likelihood, or risk. Even if you have one or more genetic variations linked to a certain trait, it may not mean that you have or will develop that trait.
- In addition to non-genetic factors, multiple genes or genetic variations often influence a single trait. That means the effect of any one, single genetic variation may be low.
- Even if you do not have one or more genetic variations linked to a certain trait, you may still have or develop that trait.
- In some cases, it is more accurate to measure your physical trait (e.g., height) than to use Genetic Information to predict the trait (e.g., genes for height).
c. You may discover information that causes you distress
- You cannot unlearn the knowledge you gain from a Genetic Insights Product. Some people prefer not to know their Genetic Information for some traits.
- You may discover Genetic Information that you do not expect. In some cases, this information may be interesting. In other cases, it may lead to unintended reactions such as anxiety, depression or distress. Examples of these include: discovering an unexpected genetic risk for a health condition
- Genetic Insights allows you to select which insights you would like to receive by purchasing Genetic Insights Products and navigating the platform. You are responsible for considering the potential impact this information may have on you or your relatives before purchasing a Genetic Insights Product.
d. Revealing your Genetic Information may affect your privacy
- You may also wish to publicly share results on your own.
- You should be careful about sharing your Genetic Information with others and know the consequences before doing so.
- Genetic Information that you choose to share with your health professional may become part of your medical record. That means it could be accessible to other health professionals and possibly health insurance providers in the future.
e. Your Genetic Interpretation may have implications for your relatives
- Your biological relatives will share some portions of your DNA. Because of this fact, some information you receive from Genetic Insights Products you use may have implications for them as well.
- Genetic Information can reveal information that is surprising to you or your family. For some Genetic Insights Products, information may show that other relatives are at risk for a health condition they did not know about before.
- It is important to consider how information you learn may have a positive or negative impact on members of your family. Some of your family members may not want to know about such Genetic Information.
- If you have questions about how to share sensitive Genetic Information with relatives, you should speak with a qualified healthcare provider, such as a genetic counselor.
f. You may receive information about your health
- Genetic Insights Products analyze your Genetic information for Health purposes and may suggest actions or interventions that you can take related to your health. However, Genetic Insights Products do not have a complete view of your health history. Before you act on any health information provided through Genetic Insights Products, please first consult with a healthcare professional.
- Not all Genetic Information can or should be acted upon. If you have questions or concerns, you should speak with a health professional such as a physician or genetic counselor prior to purchasing a Genetic Insights Product.
- The results of Genetic Insights Products should not be used to diagnose or treat a medical condition. You should consult a qualified healthcare provider before you take medical action.
- Not all scientific and health interpretation claims have been validated by the scientific and/or medical community or the Food and Drug Administration (“FDA”). However, not all Genetic Insights Products on the Genetic Insights Platform require approval by the FDA.
- Genetic Insights does not provide allergy testing and none of our content should be interpreted as allergy testing.
PLEASE CALL YOUR DOCTOR OR 911 IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY.
15. Disclaimer of Warranties
Genetic Insights makes its best efforts to provide accurate Genetic Interpretation and to offer Genetic Insights Products of high quality. However, we do not warrant the accuracy, completeness, or usefulness of the Services.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GENETIC INSIGHTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) GENETIC INSIGHTS MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GENETIC INSIGHTS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. GENETIC INSIGHTS DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, GENETIC INSIGHTS SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
You understand that we cannot and do not guarantee or warrant that content available for downloading from the Site or any links provided on the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient anti-virus protections to meet your needs. You are also responsible for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Limitation of Liability
IN NO EVENT WILL GENETIC INSIGHTS, THE GENETIC INSIGHTS PARTNERS, GENETIC INSIGHTS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO SITE, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GENETIC INSIGHTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GENETIC INSIGHTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
You also release, waive, discharge, and promise not to sue or bring any claim of any type against us for any loss, damage or injury relating in any way to the Services or any part thereof. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.
You agree to defend, indemnify, and hold harmless Genetic Insights, its affiliates and licensors and their respective officers, directors, employees, contractors, consultants agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Service or your use of the Services, including, without limitation, any use of the content, services, and products of the Services other than as expressly authorized in these Terms of Service or your use of any information obtained from the Site.
18. General Practices Regarding Use and Storage
19. Account Closure
The TOS will continue to apply until terminated by either you or Genetic Insights as set out in this Section.
If you want to terminate your legal agreement with Genetic Insights, you may do so by notifying Genetic Insights at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to Genetic Insights’s address: Wellness Reports Ltd, 128 City Road, London, United Kingdom, EC1V 2NX, or online via Customer Support. If you provide a notice online via email@example.com, Genetic Insights will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.
No software, technology or other information from this platform may be downloaded or otherwise exported or re-exported to any person or entity in the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders or otherwise prohibited by United States export control laws. By downloading or otherwise using any software, technology or other information from this platform in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country.
20. Dispute Resolution
If a dispute arises between you and Genetic Insights, you agree to first contact Genetic Insights’s Customer Support to seek a resolution. If our Customer Support (firstname.lastname@example.org) is not able to resolve the issue, then except for disputes relating to the infringement or other misuse of intellectual property rights:
- Such disputes will be resolved through binding arbitration rather than in court.
- This arbitration will be administered by the American Arbitration Association (“AAA”).
- Such arbitration will follow the rules of the AAA (“AAA Rules”), as modified by these Terms of Service.
- The arbitration will be conducted in the English language.
- Any arbitration hearing will be held in Orange County, California.
If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as set forth in the Federal Rules of Civil Procedure Rule 11), then the AAA Rules will apply regarding payment of arbitration costs. The AAA Rules and fees are available online at www.adr.org or can be obtained by calling the AAA at +1 559 785 9642. You and Genetic Insights both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You and Genetic Insights agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. Further, unless both you and Genetic Insights agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If this Section 20 is found to be unenforceable, then this Section 20 will be null and void. In such a case, you and Genetic Insights agree that the exclusive jurisdiction and venue described in Section 23 will govern any action arising out of or related to these Terms of Service.
21. Waiver and Severability
No waiver of these Terms of Service by Genetic Insights shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of Genetic Insights to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.
22. Entire Agreement
These Terms of Service and any dispute or claim arising out of, or related to, them or the Site, their subject matter or their formation (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with California law, without regard to its conflicts of laws principles and excluding the applicability of United Nations Convention for the International Sale of Goods. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Genetic Insights agree to exclusively litigate such disputes in the state courts located in Orange County and the federal courts located in San Francisco County, California, and both parties consent to venue and personal jurisdiction in California. You may not assign any of your rights in these Terms of Service, and any such attempt is void. Genetic Insights may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Any claim you might have against Genetic Insights must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these Terms and is hereby disclaimed. A printed version of these Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent as other documents and records originally generated and maintained in printed form. Please contact Genetic Insights if you wish to receive a printed copy of these Terms.
Genetic Insights and you are not legal partners or agents of one another. The relationship between you and Genetic Insights is and shall be that of independent contractors and nothing in these Terms shall be construed or used to create or imply any relationship of partners, joint ventures, or employer and employee.
You may not assign or otherwise transfer these Terms or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without Genetic Insights’s prior written consent. Any attempt of assignment, delegation, or transfer in violation of these Terms shall be void, of no effect, and a material breach of these Terms. Notwithstanding the foregoing, Genetic Insights may assign these Terms in whole or in part. Moreover, Genetic Insights may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under these Terms.
If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted in accordance with law, and no other terms will be modified. In the event any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of these Terms, the invalidity, voidness, or unenforceability shall affect neither the validity of these Terms nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. If we choose not to enforce any of these Terms, we are not waiving our rights.
If the performance of any part of these Terms by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, pandemic, public health crisis, judicial or governmental action, emergency, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
24. Your Comments and Concerns
If you have any feedback, comments, requests for support, or other communications about the Services, you should contact Genetic Insights’s Customer Support. You may contact Customer Support at email@example.com.
Last Amended: 1st June 2023