Terms & Conditions
Last Updated: March 20, 2024
We are GeneHealth, Inc., doing business as GeneHealth and GeneHealth.AI ("GeneHealth”, “GeneHealth.AI”, Company,", "we," "us," "our"), a company registered in Georgia, United States. Except as specified herein, these Terms of Use (“Terms”) apply to your access to and use of the GeneHealth website, submitting a saliva sample for DNA extraction and processing, uploading a digital version of your genetic information and interacting with it on the GeneHealth website, participating in surveys and research opportunity, and any other related and connected platforms or services (collectively, the “Services”). By accessing the Services, you agree that you have read, understood, and accept all of the terms and conditions contained in these Terms and the Privacy Policy.
User Account
In order to access some of GeneHealth’s Services, such as participating in user surveys and research opportunities, you must register for an account on the website (“User Account”). By creating a User Account, you agree to the following:
- You are providing true, accurate, current and complete registration data, which you will promptly update as needed to keep it true, accurate, current and complete.
- Your account has not been created on behalf of someone other than yourself.
- You are at least eighteen (18) years old or are of an age that you have the legal capacity to enter into a binding contract.
- You will monitor your account to restrict use by minors, and you will accept full responsibility for any unauthorized use of your account by minors.
- In order to maintain the privacy and security of your account:
- You will not share your account or password with anyone.
- You will log out of your account at the end of each session.
- You will notify GeneHealth immediately of any known or suspected unauthorized use of your password or other breaches of your account’s security.
- You are solely responsible for your own account activity.
- GeneHealth has the right to investigate any use of your account that may have violated these terms and may suspend your access to the Service during such investigation. If, as a result of the investigation it believes that a violation has occurred, GeneHealth may, at its sole discretion, immediately cancel/terminate your account without prior notice to you. In addition, if GeneHealth has canceled/terminated your account and you attempt to re-register or access GeneHealth Services through a different username, email address, or otherwise, GeneHealth will promptly cancel/terminate that new account without prior notice to you.
- If as a result of its investigation, GeneHealth believes that criminal activity has occurred within or related to your account, GeneHealth will refer the matter to, and cooperate with, any and all relevant legal authorities, as permitted under applicable law.
- GeneHealth’s overall use or disclosure of information in or related to your account will be in accordance with the Privacy Policy and applicable law.
- You will not engage in actions which: (i) impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; (ii) transmit or upload any material to the Services that contains viruses, trojan horses, worms or any other harmful or deleterious programs; (iii) attempt to gain unauthorized access to the Services, User Accounts not belonging to you, computer systems or networks connected to the Services, through password mining or any other means; (iv) use the User Account of any third party to access or use the Services; or (v) transfer your User Account access or rights to your User Account to a third party, unless by operation of law or with the express permission of GeneHealth.
- You will not conduct, facilitate, authorize or permit any text or data mining or web scraping via or in relation to our Services. This clause shall not apply insofar as and only to the extent that we are unable to restrict text and data mining or web scraping activity by contract under applicable law.
- You will not engage in activity that would violate, or assist in violation of, any law, statute, ordinance or regulation.
- You will not interfere with another individual’s access to or use of the Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal or other rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; or harvest or otherwise collect information from the Services about others.
- You will not engage in activity that operates to defraud GeneHealth, any GeneHealth user(s) or any other person, or provide any false, inaccurate or misleading information to GeneHealth.
- You will not engage in activity that intentionally infringes upon another’s copyright, or other intellectual rights, protections, including unauthorized copying or performing of copyrighted works available on the Services.
By creating a User Account and, if required by local law, opt-ing in, you consent to receive electronic communications from GeneHealth (e.g., via email, push notification, or by posting notices to the Services, etc.). These communications may include notices about your use of the Services and are part of your relationship with us. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
CLOSING YOUR GENEHEALTH ACCOUNT
To close a GeneHealth account, you must contact the GeneHealth support team and request account closure. GeneHealth will email you and ask you to confirm your request. Upon confirmation, your account closure will be effective. After you have closed your account, GeneHealth will delete all of your personal information including your genetic data from its records except for the information that it is required to retain under applicable law. GeneHealth will retain appropriate business records regarding your account, such as any payment history and similar records. We may also retain certain personal information that may have been shared with third parties, as described in our Privacy Policy.
COPYRIGHT AND LICENSE TO YOU
Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, the GeneHealth logo and all designs, text, graphics, pictures, information, data, software, sound files and/or other files related thereto and/or associated therewith and the selection and arrangement thereof (collectively, “Content”) are and shall remain the sole and proprietary property of GeneHealth and/or our affiliates or licensors. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will terminate immediately and you must, at our option, either return or destroy any Content you have copied, downloaded , or otherwise obtained from the Services. Unless otherwise stated herein, no right, title or interest in or to the Services or any Content thereon is or shall be transferred to you, and all rights not expressly granted herein are reserved by GeneHealth and/or our affiliates and/or licensors. Any use of the Services not expressly permitted by these Terms shall be deemed a material breach of these Terms and may violate copyright, trademark and/or other laws.
You may print off personal copies of your genetic data reports, and may download extracts, of any page(s) of the Content so long as you do not use such copies or extracts for commercial purposes and you do not modify the paper or digital copies of any Content you have printed or downloaded.
THIRD PARTY SERVICES
The Services may contain links to third-party websites (“Third-Party Websites”) and/or applications (“Third-Party Applications”), including third parties that provide services such as payment processing and data storage. When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left the Services and you will be subject to the terms and conditions (including privacy policies, if and as applicable) of those Third-Party Websites and Third-Party Applications. Such Third-Party Websites and Third-Party Applications are not under the control of GeneHealth and we are not responsible for any Third-Party Websites or Third-Party Applications and shall not be liable with respect to any use thereof. GeneHealth provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to Third-Party Websites or Third-Party Applications or their products or services. You use all links in Third-Party Websites, and Third-Party Applications at your own risk. When you leave our Services, these Terms of Use and any of our other policies no longer govern. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.LINKS TO OUR SERVICES
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services for noncommercial purposes, provided that such link is fair and lawful and does not portray GeneHealth or our affiliates or any of our products or services in a false, misleading, derogatory or otherwise defamatory or objectionable manner, and does not imply that GeneHealth is affiliated with or supports or endorses any product or service, and provided further that the linking site does not contain any adult or illegal material or any material that may be deemed, in GeneHealth’s sole discretion, offensive, harassing or otherwise objectionable. This limited right may be revoked or modified by us at any time, for any reason and without notice. You may not use a logo or other proprietary graphic or intellectual property of GeneHealth to link to the Services or Content without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any GeneHealth trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written permission.
INFORMATION YOU PROVIDE OR UPLOAD TO OUR SERVICES
Whenever you make use of a feature that allows you to upload content to our Services (e.g. uploading a digital version of your genetic information), you must comply with the requirements set out in the list above (under “User Account”). You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. You or your licensors retain all ownership rights in any content you upload to us, but you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, adapt, reproduce, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. You are solely responsible for securing and backing up your content.
TERMS FOR PURCHASED SERVICES
General Information about GeneHealth’s Purchased Services
GeneHealth’s purchased services are genetic testing services involving the purchase of a DNA collection kit to allow the user to collect a DNA sample , analysis of the sample by GeneHealth or its affiliates, continued offering of similar or associated tests, and state-of-the-art genetic reports that include non-diagnostic or treatment-related health information (“Purchased Services”). By purchasing the Purchased Services, you are indicating your acceptance to be bound by these Terms. These Terms form a legal contract for the purchase of the Purchased Services and can only be amended with GeneHealth’s written consent. Any purchases that you make are subject to these Terms. As a user of GeneHealth’s Purchased Services, you understand and agree to the submission of a sample for DNA extraction, DNA sequencing, and storage of your sample.
General Information Regarding GeneHealth’s Genetic Testing Services
GeneHealth’s Services are based on current state-of-the-art genetic research and DNA sequencing technology. As the research progresses and available technology evolves, GeneHealth will continue to innovate to provide the best possible experience and information to its users. Accordingly, you acknowledge and agree that GeneHealth may update its technology, analysis, and reporting at its sole discretion, without prior notice to you. You also acknowledge that you may need to update third-party software from time to time in order to continue using the Services and Purchased Services, including accessing reports.Details about GeneHealth’s processing of samples Once your sample is received by GeneHealth, DNA extraction, sequencing, and data analysis are performed to provide non-diagnostic trait reporting. At its discretion, GeneHealth may use third-party laboratories to perform DNA extraction, sequencing, and data analysis. Your Product may be GeneHealth-branded even when such a third party will be doing DNA extraction, sequencing or data analysis. By returning a sample, you acknowledge and agree that GeneHealth may provide the sample to such third parties for DNA extraction, sequencing or data analysis. Any data shared with such third parties is subject to our Privacy Policy and is shared for the limited purpose necessary to provide you the Services and Purchased Services. GeneHealth or one of its third-party partners will store your sample and/or the extracted DNA after your sample has been processed. Having your sample stored allows your sample to be analyzed again when new and updated tests become available. GeneHealth will never process your sample without your explicit, specific consent. If you would like your sample permanently destroyed, you may contact us at info@GeneHealth.ai and request your sample to be destroyed. Destroying your sample is irreversible and will limit your access to tests offered in the future. GeneHealth 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, GeneHealth will contact you to notify you and ask you to provide a new sample. In the rare case that we are also unable to process your second sample, we will contact you and offer a refund (less shipping and handling), provided that you do not submit any other sample to us after receiving a refund.
Your contract with us for Purchased Services
If you are placing an order through www.genehealth.ai, the technical steps required to create a contract between you and GeneHealth are as follows: You place an order for Purchased Services on www.genehealth.ai. You will be guided through the process of placing an order by the instructions on www.genehealth.ai. Please take the time to read and check the details entered at each stage of the order process. After you place an order, you will receive an email from GeneHealth acknowledging that your order has been received. GeneHealth’s acceptance of your order will take place when you receive an email that confirms that your Product has been dispatched. The contract between you and GeneHealth will only be formed when you receive the confirmation of dispatch of the Product. The contract with us for the Purchased Services will continue in effect until you exercise your right to cancel or change your mind (if applicable in your territory). Your obligations under the contract will cease when the contract ends. If we are unable to accept your order, we will inform you of this and will not charge you for the Purchased Services. If you wish to make changes to the Purchased Services, you have ordered please contact us using the contact information below. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Purchased Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract. The purchase of Purchased Services is subject to availability. GeneHealth will inform you as soon as possible if the Purchased Service you have ordered is not available and GeneHealth will not process your order. If you have already paid for Purchased Services, you will be refunded in full if your order cannot be fulfilled. GeneHealth reserves the right to impose ordering restrictions on the number of Purchased Services that can be ordered and the interval at which these Purchased Services can be ordered. <Legal Rights
GeneHealth is required by law to ensure that Purchased Services ordered from GeneHealth comply with the Terms of GeneHealth’s contract with you. In particular, any Product that GeneHealth supplies to you must correspond with any relevant description included on the GeneHealth website, must be of satisfactory quality and must be fit for their intended purpose as described by GeneHealth. Nothing in these Terms will affect your legal rights in your country of residence. If there is a conflict between these Terms and your legal rights in your country of residence, your legal rights will prevail.
GeneHealth is not engaged in the practice of medicine, and information learned through GeneHealth’s Services and Purchased Services is not intended and should not be used for diagnostic or medical use.
Our Services and our Purchased Services are not intended to be interpreted by users for the purposes of making any decisions regarding parentage or diagnosis or treatment. The information you learn through our Services and Purchased Services does not constitute medical advice, and you should not change your health behaviors solely on the basis of the provided genetic information. The Services and Purchased Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.
BY USING GeneHealth’S GENETIC TESTING SERVICES, YOU AGREE THAT YOU WILL NOT USE ANY INFORMATION PROVIDED BY GeneHealth’S SERVICE OR PURCHASED SERVICES FOR DIAGNOSTIC OR HEALTH RELATED DECISION MAKING BEFORE SEEKING PROFESSIONAL ADVICE FROM A PHYSICIAN, GENETIC COUNSELOR, OR SIMILARLY QUALIFIED HEALTHCARE PROFESSIONAL REGARDING ANY PARENTAGE OR HEALTHCARE DECISIONS BASED ON GENETIC TESTING RESULTS PROVIDED BY GeneHealth.
Rather, GeneHealth’s Services and Purchased Services are for research, information, and educational use only. In short, many of the health-related information learned from the provided genetic testing results have not been clinically validated and the technology GeneHealth 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.
GeneHealth encourages you to talk to a genetic counselor or a healthcare professional prior to submitting a sample collection kit or to aid you in understanding your results.
GeneHealth disclaims to the maximum extent permitted by law all liability for any loss or damage suffered by you or any person, be it directly or indirectly as a result of or in connection with your use of the Services and Purchased Services or any treatment or healthcare decisions that you make based on genetic testing results provided by GeneHealth. However, GeneHealth does not exclude or limit its liability for death or personal injury resulting from its negligence or to the extent it cannot limit its liability under applicable law.
PRIVACY AND SECURITY RELATED TO GENEHEALTH AND PURCHASED SERVICES
GeneHealth has a robust privacy process and policy to protect the confidentiality of your information. For details about our privacy and security practices, you may access GeneHealth’s Privacy Policy here.
INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless GeneHealth, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “GeneHealth Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Services, (b) any feedback you provide, (c) your violation of these Terms, and/or (d) your violation of any right(s) of any third party. You agree to promptly notify GeneHealth of any Claim(s) and shall cooperate fully with the GeneHealth Parties in defending such Claims. You further agree that the GeneHealth Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN ANY WRITTEN AGREEMENT(S) BETWEEN YOU AND GeneHealth.
DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY GeneHealth, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PURCHASED SERVICES AND THE CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. GeneHealth (AND ITS AFFILIATE(S), LICENSOR(S) AND/OR OTHER BUSINESS ASSOCIATE(S)) MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL OR SAFE. GeneHealth DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES OR CONTENT CONTAINED THEREIN. GeneHealth DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SERVICES. WHILE GeneHealth ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT SAFE, GeneHealth CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, CONTENT OR OUR SERVERS IS/ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by gross negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, SOLELY TO THE EXTENT SUCH EXCLUSION IS SO PROHIBITED BY APPLICABLE LAW.