SelfDecode Terms of Service

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Welcome to SelfDecode.  Our goal at SelfDecode 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. In order 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

“SelfDecode” means Decodify Me LLC, and/or its affiliates (“SelfDecode”, “we”, “us”). We provide website content, functionality, and other products and services to you when you visit or make purchases at http://www.selfdecode.com (the “Site”) or remotely through any SelfDecode applications (collectively, the “Services”). "Service" or "Services" means  SelfDecode's products, software, services, 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 if the use is in connection with an account or not. SelfDecode provides the Services subject to the following terms and conditions.

By accessing or using the 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 SelfDecode 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 SelfDecode account or purchase a SelfDecode Product (see below). If you do not meet these requirements, you must not access or use the Services.

2. Additional Terms

Your use of the Services is also subject to any applicable terms, policies or rules that we may post or provide a link to on the Site. As of now, these terms include SelfDecode’s Privacy Policy, and Platform Consent. All such applicable terms, policies and rules are considered part of these Terms of Service and incorporated by reference.

3. Description of Services

The Services include the following features and functions related to genetic interpretation:

  1. Uploading a Genotype File. SelfDecode stores the data that you chose to upload that make up the DNA code of your genes (“Genotype File”). SelfDecode obtains these data from a genotype file that you upload. The genotype file data and any interpretation of that data, are your “Genetic Information.”

  2. SelfDecode Platform. SelfDecode hosts a platform (the “SelfDecode Platform”) where you may receive insights about you from SelfDecode based on your Genetic Information (“SelfDecode Insights”), and purchase products and services that will use, interpret and deliver your Genetic Information (“SelfDecode Products”). SelfDecode Products are made by SelfDecode and use a portion of your Genetic Information to offer a specific SelfDecode Product or service to you. The SelfDecode Platform provides you with tailored results based on the genotype file you choose to use.

  3. SelfDecode Account. SelfDecode provides you access to a software platform via a https://selfdecode.com account (the “SelfDecode Account”). Your SelfDecode Account allows you to manage your Genetic Information, your SelfDecode Insights, the SelfDecode Products you purchased, and other account settings. If you subscribe as an 'Individual' user then you will be limited to a single genotype file upload, whereas if you register as a 'Professional' user then you will have unlimited uploads available. 

SelfDecode Services include, but are not limited to, utilities (tools within the website that perform specific functions relating to processing your genetic data and presenting results) for interpreting your genetic information, these are not guaranteed to be accurate and may be discontinued at any time. A community platform for forum based discussion and sharing of findings. This community platform may be canceled at any time.

Services are offered to you as a subscription membership service with either a yearly or monthly fee determined by the subscription package you choose. Subscriptions cannot be placed on hold. Subscription cancellations will take effect from the next scheduled payment and access to Services will continue until the time of the next scheduled payment. Refunds will be refused to subscribers who have uploaded their genotype to SelfDecode and have accessed the site. We provide a demo version for those who wish to trial the site before purchasing and uploading their file.

SelfDecode reserves the right to terminate your membership for any reason. Nothing in the services provided under the subscription membership model establishes you a perpetual license but rather only a subscription where you must pay an ongoing subscription fee to have up to date access to the program, services or new membership offerings. SelfDecode doesn’t promise you unlimited service. 

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. We will make any new terms available to you through or in connection with the affected Services. 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

To access certain features and functions of the Services, you must create a SelfDecode Account. To establish a SelfDecode Account, you must provide certain information that we request. This information includes:

  • your name and email address;

  • your date of birth; and

  • information we need for providing you with insights (genotype file).

To purchase a SelfDecode Product, you must also provide the following:

  • your credit card or other billing information.

By registering for the Services, you represent and warrant that the registration information you provide is accurate, current and complete. You also agree that all information you provide to us, no matter how you do so, is governed by our Privacy Policy and SelfDecode Platform Consent. You consent to us using your information in ways that are consistent with those two policies.

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 SelfDecode 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. SelfDecode cannot and will not be liable for any loss or damage that results from your failure to comply with these obligations. You authorize SelfDecode to authenticate your identity when accessing the Services. This may include asking you for your date of birth and other information that will allow SelfDecode to reasonably verify your identity.

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 SelfDecode 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 are uploading your genotype file or a file for someone for whom you are legally authorized to act.

  • You are 18 years of age or older, or you are uploading a file for a person who is 18 years of age or older for whom you are legally authorized to provide a file.

  • You allow SelfDecode to perform analyses on your genotype file to generate Genetic Information. You allow SelfDecode to collect, process and store the Genetic Information in accordance with these Terms of Service, our Privacy Policy and Platform Consent.

  • 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. SelfDecode may provide a consultation as part of our service and/or products. 

7. Purchases Using the SelfDecode Platform

The SelfDecode Platform provides a venue for you to receive personalized information or purchase SelfDecode Products base on your Genetic Information.

You agree to pay for all SelfDecode Products you purchase, including any taxes and fees that apply. Prices listed in the SelfDecode Platform may change at any time. We do not provide price protections or refunds on previous purchases in the event of a SelfDecode Product price reduction or promotion.

SelfDecode 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.

When you purchase a SelfDecode Product, SelfDecode will use the Genetic Information requested for purposes of the SelfDecode Product. This is typically the smallest amount of data required to offer the SelfDecode Product. We may offer you related product and service purchases within our SelfDecode Product, or we may offer you an opportunity to purchase a subscription for products or services. Such additional purchases are at your option.

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. 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. We do not provide price protection or refunds in the event of promotions or price decreases. You agree to pay all applicable fees related to your use of the Services when due, as described on the Site. 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.

Refund Policy. If you decide you no longer want a SelfDecode Product following your purchase, please contact us immediately.  Services are offered to you as a subscription membership service with either a yearly or monthly fee determined by the subscription package you choose. Subscriptions cannot be placed on hold. Subscription cancellations will take effect from the next scheduled payment and access to Services will continue until the time of the next scheduled payment. Refunds will be refused to subscribers who have uploaded their genotype to SelfDecode and have accessed the site. We provide a demo version for those who wish to trial the site before purchasing and uploading their file. You can request a refund by emailing Customer Support at support@selfdecode.com and providing your order confirmation number. However, you may close your SelfDecode Account as described in Section 19 below.

Gift and Offer Codes. From time to time, SelfDecode 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 offers codes are redeemable towards a purchase on www.selfdecode.com, subject to certain product exclusions or any other restrictions as may be determined and communicated by SelfDecode at its sole discretion. Only valid offer codes provided or promoted by SelfDecode will be honored at checkout. Codes that are supplied or promoted by third parties without SelfDecode’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. SelfDecode 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.

Spokespersons. From time to time, SelfDecode may engage spokesperson, influencers, bloggers or other individuals or entities who have been compensated or incentivized to speak on behalf of the SelfDecode 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 SelfDecode for their statements or representations.

8. User Information and Content

SelfDecode 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 SelfDecode, 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.

 Any questions, comments, suggestions, reviews, or other information about our products or services submitted to us through the Site or otherwise (“Feedback”) will be deemed non-confidential and non-proprietary. We will be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation.

 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.

 Disclosure of individual-level Genetic and/or Self-Reported Information to third parties will not occur without explicit consent, unless required by law. Note that SelfDecode cannot control any further distribution of Genetic and/or Self-Reported Information that you share publicly on the website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that SelfDecode has no obligation to do so on your behalf.

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 program participants. 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.

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:

  1. 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.

  2. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

  3. Add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services.

  4. "Stalk" or otherwise harass another user.

  5. 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).

  6. Download any file posted by another user of the Services that you know, or reasonably should know, cannot legally be distributed in such manner.

  7. Upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of SelfDecode or any other party.

  8. Advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages.

  9. 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.

  10. 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.

  11. 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.

  12. Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Services.

  13. Attempt to or actually override any security component of the Services.

  14. 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.

  15. 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.

  16. Violate these Terms of Service, any code of conduct or other guidelines which may be applicable.

  17. 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 SelfDecode 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 SelfDecode may suffer) of any such breach. In case of breach of any one of these agreements SelfDecode 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 SelfDecode 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 SelfDecode has a reasonable ground to suspect that you have violated the terms of this Section, SelfDecode 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 SelfDecode Products

 

The SelfDecode Platform describes each SelfDecode 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. SelfDecode may provide interpretations of your Genetic Information and is responsible for the content of SelfDecode Product(s), including the scientific basis of each product and the information each product provides. As part of our product review process, SelfDecode evaluates the scientific quality behind all SelfDecode Products on the SelfDecode Platform. We ask that you report any SelfDecode Product that you believe does not conform to quality standards or violate our SelfDecode Platform policies. You can report these issues to Customer Support.

12. Communications

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 SelfDecode 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 SelfDecode or its licensors. Any rights granted herein are expressly licensed. SelfDecode 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.

SelfDecode 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.

SelfDecode grants you a limited license to copy and distribute, for non-commercial purposes, any of the content on the Site, provided that you distribute such content (i) as it appears on the Site without any modification, (ii) in a way that is fair and legal and does not misrepresent the substance of the content, Site or Services; and (iii) with the following attribution “© 2018 Decodify Me, LLC or its affiliates. All rights reserved.”. Except as permitted by this limited license, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the content on the Site.

If you wish to make any use of content on the Site or Services other than as set out in this section, please contact Customer Support.

Except for your rights to SelfDecode Products you purchase, no other right, title or interest in or to the Services or any content on the Services is transferred to you. SelfDecode reserves all rights not expressly granted. If you provide SelfDecode with any suggestions, recommendations or other feedback regarding the Services (“Feedback”), you agree that SelfDecode 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.

14. Notice of Limitations

Our genes influence many traits in our lives. At SelfDecode, 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.

In considering a purchase of the Services or any SelfDecode Product, you should be aware of certain risks and limitations of genetic interpretation. These include the following:

Genetics is an evolving field of study

  • SelfDecode Products are based on the current knowledge of genetics. This knowledge changes every day as we learn more through research. A SelfDecode 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 SelfDecode Products may reveal variations in your DNA that they cannot currently interpret.

  • SelfDecode 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.

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).

You may discover information that causes you distress

  • You cannot unlearn the knowledge you gain from a SelfDecode 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

  • SelfDecode allows you to select which insights you would like to receive by purchasing SelfDecode 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 SelfDecode Product.

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.

  • Please see our Privacy Policy for further information about how we handle your Genetic Information and your options for disclosure of such information. Our Privacy Policy describes how SelfDecode protects your privacy, and our Platform Consent describes the risks and benefits of genetic interpretation.

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 SelfDecode 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 SelfDecode 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.

You may receive information about your health

  • SelfDecode Products analyze your Genetic information for Health purposes, and may suggest actions or interventions that you can take related to your health. However, SelfDecode Products do not have a complete view of your health history. Before you act on any health information provided through SelfDecode 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 SelfDecode Product. 

  • The results of SelfDecode Products should not be used to diagnose or treat and 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 SelfDecode Products on the SelfDecode Platform require approval by the FDA.

15. Disclaimer of Warranties

SelfDecode makes its best efforts to provide accurate Genetic Interpretation and to offer SelfDecode 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. SELFDECODE 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) SELFDECODE 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 SELFDECODE 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. SELFDECODE DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, SELFDECODE 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 SELFDECODE, THE SELFDECODE PARTNERS, SELFDECODE 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 SELFDECODE 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 SELFDECODE 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.

17. Indemnification

You agree to defend, indemnify, and hold harmless SelfDecode, its affiliates and licensors and their respective officers, directors, employees, contractors, 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. Modifications to Service

SelfDecode reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the SelfDecode features or Services, and (ii) SelfDecode shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

The Software that you use may from time to time automatically download and install updates from SelfDecode. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit SelfDecode to deliver these to you) as part of your use of the Services.

You acknowledge that SelfDecode may offer different or additional technologies or features to collect and/or interpret Genetic Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Genetic Information without fee, and that you will have to pay additional fees in order to have your Genetic Information collected, processed, and/or interpreted using any future or additional technologies or features.

19. Account Closure

The TOS will continue to apply until terminated by either you or SelfDecode as set out in this Section.

 

If you want to terminate your legal agreement with SelfDecode, you may do so by notifying SelfDecode 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 SelfDecode's address, which is set out at the beginning of the TOS, or online via Customer Support. If you provide a notice online, SelfDecode 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.

SelfDecode may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS); (2) SelfDecode is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom SelfDecode offered the Services to you has terminated its relationship with SelfDecode or ceased to offer the Services to you; (4) SelfDecode is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by SelfDecode is, in SelfDecode's opinion, no longer commercially viable.

Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that SelfDecode shall not be liable to you or any third party for any termination of your access to the Services.

If you terminate your legal agreement with SelfDecode, your information will no longer be accessible through the Site or Services. We cannot restore access to your SelfDecode Account after it has been closed. You will be unable to purchase another SelfDecode Product on the SelfDecode Platform unless you create a new SelfDecode Account and upload your genotype file again. 

20. Dispute Resolution

If a dispute arises between you and SelfDecode, you agree to first contact SelfDecode’s Customer Support to seek a resolution. If our Customer Support is not able to resolve the issue, then except for disputes relating to the infringement or other misuse of intellectual property rights:

  • Such dispute 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 1-800-778-7879. You and SelfDecode both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

You and SelfDecode 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 SelfDecode 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 case, you and SelfDecode 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 SelfDecode shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of SelfDecode 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, our Privacy Policy , and Platform Consent constitute the sole and entire agreement between you and SelfDecode with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

23. Miscellaneous

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 SelfDecode 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. SelfDecode 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 SelfDecode must be brought within two (2) years 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 SelfDecode if you wish to receive a printed copy of these Terms.

SelfDecode and you are not legal partners or agents of one another. The relationship between you and SelfDecode 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 SelfDecode’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, SelfDecode may assign these Terms in whole or in part. Moreover, SelfDecode 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.

These Terms and SelfDecode’s Privacy Policy, which is hereby incorporated by reference as if set forth fully herein, constitute the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions, representations, or agreements between you and us about the Site and Services.

24. Your Comments and Concerns

If you have any feedback, comments, requests for support, or other communications about the Services, you should contact SelfDecode’s Customer Support. You may contact Customer Support at support@selfdecode.com.