Genome Plan Terms
- These Genome Plan Terms govern your use of any of Sequencing’s Genome Plan Subscription (“Genome Plan”) services. Our Terms of Service more broadly govern your use of all of our Services, including the Genome Plan services, the terms of which are incorporated herein. Please read our Terms of Service carefully—it includes important provisions, including limitations on our liability, an arbitration agreement, and a class action waiver.
- All capitalized terms not defined in these Genome Plan Terms have the respective meanings set forth in our Terms of Service. To the extent any provision of these Membership Terms conflicts with any provision of our Terms of Service, these Genome Plan Terms will supersede our Terms of Service to the extent of the conflict only.
- Digital Genomes.
a. Sequencing’s proprietary One Genome Technology will process the DNA data files stored in your account in-order to generate digital genomes (“genome”). Each digital genome must have a Genome Plan, which may be a Free Genome Plan or one of the paid Genome Plans: Plus, Premium, or Professional. Please read our Terms of Service for additional information about One Genome Technology and digital genomes.
- Free Trial and Genome Plan Months Included With WGS orders.
a. From time to time, we may offer you free trials of our Genome Plans. Unless you cancel your Genome Plan before the end of your free trial, you will automatically become a paying user for the respective service. The payment method that you provided will automatically be charged the current Genome Plan fee either monthly, quarterly, biannually, or annually (depending on your Genome Plan), unless you cancel before the next billing cycle. If you wish to cancel your Genome Plan after the end of your free trial period or at any time during your Genome Plan, you may do so by logging into your account, going to your Account Settings, and following the cancellation instructions at least one day before the next billing cycle.
b. Our whole genome sequencing (WGS) service may include one or more months of a Genome Plan. For example, a whole genome sequencing bundle may include a DNA collection kit for our whole genome sequencing service, specific DNA analysis apps and reports, and one or more months of a Genome Plan. The Genome Plan included with a WGS order is linked to the DNA collection kit that is shipped to the customer. Any Genome Plan months included with a kit will be automatically applied once that kit has completed processing at the laboratory and the raw DNA data is imported into the customer account. The Genome Plan month will be applied to the Genome that is generated from the kit’s raw DNA data. If the raw DNA data is added to an existing genome that is already paying for a Genome Plan, credit for the Genome Plan included with the kit will be automatically applied to that Genome. For example, if one month of Plus Genome Plan is included with a kit and the data for a kit is added to an existing Genome that’s already on a Plus, Premium, or Professional Genome Plan, a credit of one month of Plus will automatically be added to that genome’s Genome Plan.The credit will be deducted from the cost of renewal for that genome upon its renewal date. The Genome Plans included with a kit cannot be transferred to a different kit and cannot be applied to a genome until the kit data has completed processing at the laboratory and the raw DNA data has been added to a genome in the customer’s Sequencing account.
c. Unless you cancel your Genome Plan before the end of the Genome Plan months included with your kit, you will automatically become a paying user for the respective Genome Plan. The payment method that you provided will automatically be charged the current Genome Plan fee either monthly, quarterly, biannually, or annually (depending on your Genome Plan), unless you cancel before the next billing cycle. If you wish to cancel your Genome Plan after the end of the Genome Plan months included with your kit or at any time during your Genome Plan, you may do so by logging into your account, going to your Account Settings, and following the cancellation instructions at least one day before the next billing cycle.
d. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR GENOME PLAN WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE GENOME PLAN FEE AND ANY TAXES, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
a. Plans and Pricing. Fees for Genome Plan services will be stated at the time of your purchase or signup, as applicable. We reserve the right to change our Genome Plans or adjust pricing for our Genome Plans in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Genome Plan Terms, any price changes or changes to your Genome Plan will take effect following notice to you and would apply prospectively on your next renewal payment.
b. Each digital genome in an account must have one of the following Genome Plans: Free, Plus, Premium, or Professional. For example, if you have DNA data in your account for yourself, your spouse, and your child, then your account will have three digital genomes. Each genome must be on its own genome plan. It is your choice whether you want to sign up a genome for the Free Genome Plan or for one of the paid Genome Plans: Plus, Premium, and Professional.
c. Genome Plans include the ability to select and use a specified number of DNA analysis apps with no additional fee. These included apps may change at any time by adding new apps or removing apps from a Genome Plan. For example, the Premium Genome Plan may include the ability to use the Genome Explorer Premium app an unlimited number of times. Only genomes subscribed to the Premium Genome Plan may be able to access and use the Genome Explorer Premium app.
d. Genome Plans also include access to specific DNA analysis apps and reports. These apps and reports can only be purchased for genomes that are paying for that Genome Plan. For example, the Healthcare Pro report may only be able to be accessed and purchased by genomes on the Premium Genome Plan.
e. Genome Plans may include report credits each month. These report credits can be used when purchasing a DNA analysis app or report. Report credits cannot be used with other products, such as our whole genome sequencing service or as part of payments for a Genome Plans. Report credits can only be used with the genome that the credit was issued to. If a genome has report credits available, the credit will be automatically deducted from the next purchase of a report. If you don’t use all of the existing credits during a purchase, the unused amount will be added to your credit balance and will be applied to the next report purchase for that genome. Unused report credits rollover each month until the maximum amount of credits is achieved. The maximum amount of credits is defined by each Genome Plan. Unused report credits never expire as long as a paid Genome Plan is renewed for that genome. Any accumulated report credits will be immediately forfeited if the Genome Plan is downgraded to free, if the Genome Plan is canceled, or if the renewal payment for the Genome Plan cannot be successfully processed.
i. For example, if you have three genomes in your account, Genomes A, B, and C and genome C is on the Premium Genome Plan, genome C may receive $20 in report credits each month as part of the Premium Genome Plan. The $20 credit will be automatically deducted from the next app or report purchased for genome C.
f. You can upgrade or downgrade the Genome Plan for a genome at any time. Upgrades are processed immediately and your genome will obtain the benefits of the upgraded Genome Plan after payment is submitted. If upgrading from a paid Genome Plan, a prorated amount will be deducted from the total price of the upgrade. Genome Plan downgrades, including downgrading from a paid Genome Plan to the Free Genome Plan, are processed upon the Genome Plan’s renewal date. Refunds and prorations are not provided when downgrading a Genome Plan.
g. Payment Method. To use a paid Genome Plan, you must provide and always have stored on file in your Sequencing account a current, valid, accepted method of payment. The payment method for your Genome Plans may be updated by logging into your account and going to the Payment Methods tab under Account Settings. You authorize Sequencing to charge any payment method associated with your account for payment of your Genome Plans. For some payment methods, the issuer may charge you certain fees, including processing fees. Check with your payment method service provider for details. Sequencing is not responsible for those fees. All fees are charged in USD. You remain responsible for any uncollected amounts. If a payment for a Genome Plan is not successfully settled, due to expiration, insufficient funds, a chargeback, or otherwise, we may block the genome associated with that Genome Plan, the Genome Plan may be automatically canceled, and/or your Sequencing account may be suspended. Blocked genomes cannot be accessed, used with any DNA analysis apps or reports, or used with any other service you have provided an updated valid Payment Method and we have successfully charged that valid payment method for the entire balance owed. We reserve the right to pursue any remedy that is available to us, including, but not limited to, the right to pursue collection of the balance owed.
h. Cancellation; Effect of Cancellation. To cancel a genome’s paid Genome Plan, downgrade that genome to a Free Genome Plan by signing into your account and going to the Membership tab of Account Setting. The downgrade to the Free Genome Plan will occur on that Genome Plan’s renewal date. Upon the earlier of the (i) end of the current paid Genome Plan period following your downgrade to Free of the paid Genome Plan, (ii) deletion of genome associated with the paid Genome Plan, or (iii) closure of your Sequencing account, you will no longer have access to the benefits of the paid Genome Plan.
i. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used Genome Plan periods. If, however, you downgrade your paid Genome Plan, you will continue to have access to your paid Genome Plan until the end of the applicable paid Genome Plan period.
a. Term. These Genome Plan Terms will continue to apply until terminated by either you or Sequencing as set out in this Section.
b. Termination. Sequencing 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 these Genome Plan Terms (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of these Genome Plan Terms); (2) Sequencing is required to do so by law (for example, where the provision of the Genome Plan services to you is, or becomes, unlawful); (3) Sequencing is transitioning to no longer providing Genome Plan services to users in the country or state in which you reside or from which you use the Genome Plan services; or (4) the provision of Genome Plan services to you by Sequencing is, in Sequencing's opinion, no longer commercially viable.
c. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Genome Plan services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Sequencing shall not be liable to you or any third party for any termination of your access to Genome Plan services.
- Changes to these Genome Plan Terms
Sequencing may make changes to these Genome Plan Terms from time to time. When these changes are made, Sequencing will make a new copy of these Genome Plan Terms available on its website and any new additional terms will be made available to you from the policies page. The revised Genome Plan Terms will be effective on the posted date. If Sequencing makes a material change to these Genome Plan Terms, we will provide you with notice thirty (30) days prior to the effective date of the change by posting a notice on our website or sending a message to the email address associated with your account. Unless you notify us within thirty (30) days from the time these new Terms are posted on our website that you do not agree to the terms, you will be deemed to have agreed to the revised Genome Plan Terms. If any change to these Genome Plan Terms is unacceptable to you, you may stop using our Genome Plan services and delete your account at any time. You acknowledge and agree that if you use the Genome Plan services after the date on which the Genome Plan Terms have changed, Sequencing will treat your use as acceptance of the revised Genome Plan Terms.