1.1. "Company R&D" means research and development activities performed by Company based user data to: improve our Services; create new products or services; perform quality assurance; conduct data analysis and monitor security protocols.
1.3. "Personal Information" is information that can identify you, either alone or in combination with other information. Company collects and stores the following types of Personal Information:
1.3.2. "Registration Information" is the information you provide about yourself when registering for and/or purchasing our Services (e.g., name, email address, home address, user ID and password, and payment information).
1.3.3. "Phenotypic Information" is all observable and/or measurable information about yourself, such as information about traits, health, fitness, reactions to medications, measurements from sensors in wearable electronic devices and other information that you enter into surveys, forms, or features in your Company account or otherwise connect to your Company account. Phenotypic Information is included in Research only if consent is indicated for Research use on the Site and if you have given consent as required by law or any applicable contractual agreement (the “Consent Agreement”).
1.3.4. "User Content" is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials generated by users of Company Services and transmitted, whether publicly or privately, to or through Company, but not including Genetic Data or Phenotypic Information.
1.3.5. "Web Behavior Information" is information on how you use the Site (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
1.4. "Research" means scientific research that a party performs with the intent to publish in a peer-reviewed scientific journal. Research activities do not include Company R&D.
1.5. "Service" or "Services" means Company’s products, including its informational genetic services (“Genetic Services”), software, 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.
4. Considerations Regarding the Services.
4.1. Nature of Information. Company does not guarantee that any information we provide to you regarding your Genetic Data and/or Phenotypic Information will be positive or welcome. In fact, such information may be negative and unwelcome. You may learn things that you may not have the ability to control or change. You may learn things that are deeply distressing. These outcomes may have psychological, social, legal, or financial implications. You should also understand that as research advances you might need to obtain further services in order to utilize such information.
4.2. The Services Do Not Constitute Medical Advice. The Genetic Information provided by Company through its Services, which include without limitation the Site, Company’s Apps, and third party Apps, including those hosted by Company or elsewhere, is purely for research, informational, and educational use only. The Services are not intended to diagnose an illness, condition, or disease, 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. Company does not endorse, warrant or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on the Site. If Company provides you with information based on your Genetic Data and/or Phenotypic Information this information is intended only for informational purposes and discussion with your physician or other healthcare provider. Do not change your health behaviors solely on the basis of information from Company. For most common diseases, the genes we know of are only responsible for a small fraction of the risk. Other predictors include unknown genes, environmental factors, or lifestyle choices. If your data indicate that you are not at elevated genetic risk for a particular disease or condition, you should not feel that you are protected. The opposite is also true; if your data indicate you are at an elevated genetic risk for a particular disease or condition, it does not mean you will definitively develop the disease or condition. In either case, if you have concerns or questions about what you learn through Company, you should contact your physician or other health care provider. Only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, including in some cases your genetics as well as your current symptoms, if any. Reliance on any information provided by Company, Company employees, others appearing on our website at the invitation of Company, or other visitors to our website is solely at your own risk.
4.3. Laboratory Processing and Errors. Company is not a laboratory, nor does it perform genetic testing. Company has no control over the validity or accuracy of your genetic testing results and the related genetic data files that the lab produces. As this possibility is known in advance, users are not entitled to refunds when invalid or inaccurate genetic testing results occur.
4.4. Sharing Genetic Information. The Site allows you to share your Genetic Data files and any related outputs from Apps with other Users. Any such sharing that you undertake is solely in your discretion and at your own risk. You should be careful about sharing your Genetic Data with others. Currently, very few businesses or insurance companies request Genetic Data, but this could change in the future. While current state and federal law provide protection against discrimination by employers and health insurance companies the exact contours of such protection has not been clearly established. In addition, current federal and state law does not apply to life or disability insurance providers. You may want to consult a lawyer to understand the extent of legal protection of your Genetic Data before you share it with anybody. The Site also allows you to designate one or more of your Genetic Data files as an “Altruist File.” All Genetic Data in a designated Altruist File is deidentified and made available to other Users as part of Company’s “Altruist Database”. Your Genetic Data will never be shared with anyone or added to the Altruist Database unless you specifically provide permission for such sharing. Further, you always maintain the option to “unshare” your Genetic Data or remove it from the Altruist Database at any time. Please note that any Genetic Data shared prior to your decision to unshare your Genetic Data cannot be undone; however, following your decision to unshare your Genetic Data, no further Users or other persons will be allowed to view your Genetic Data.
5. Customer Accounts, Passwords, and Security. In consideration of your use of the Services, you agree to provide and regularly update, as applicable, true, accurate, current, and complete Registration Information. Upon registering an account, you will be prompted to create a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access Company's website through your username and password, you will defend and indemnify Company and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to immediately notify Company of any unauthorized use of your password or account or any other breach of security, and to ensure that you sign out of your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. User Representations and Acknowledgments. You represent and acknowledge the following:
6.1. You understand that information you learn from Company’s Services is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that the Company’s Services are intended for research, informational, and educational purposes only. You acknowledge that Company urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your use of the Services.
6.2. You represent that you are eighteen (18) years of age or older.
6.4. If you are a customer outside the U.S. uploading Genetic Data to Site, you confirm that this act is not subject to any export ban or restriction in the country in which you reside.
6.5. You agree that any Genetic Data you upload to Site and all resulting and related data may be transferred and/or processed outside the country in which you reside.
6.6. You warrant that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
6.7. You are aware that some of the information you receive may provoke strong emotion.
6.8. You take responsibility for all possible consequences resulting from your sharing with others access to your Genetic Data and your Phenotypic Information.
6.10. You understand that by uploading any Genetic Data to the Site, having your Genetic Data processed, accessing your Genetic Data, providing Phenotypic Information, sharing your Genetic Data, or sharing Altruist Genetic Data, you acquire no rights Company or in any products or services created by Company. You specifically understand, agree, and acknowledge that you will not receive compensation for any research or commercial products that include or result from your Genetic Information, Phenotypic Information, or other Personal Information.
6.11. You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations.
6.12. In case of breach of any one of these representations Company 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 Company and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
6.13. Company offers storage of Genetic Data files, which generally includes free storage regardless of file size or total files stored with respect to one account. However, Company reserves the right in the future, and you agree and acknowledge that Company has the right, to monitor file uploads to your Account, and that Company may in the future impose, in its sole discretion, limits regarding the size of such storage accounts. You agree to only upload files to Site that consist of files containing Genetic Data or for use in the processing of Genetic Data. You agree and acknowledge that Company is not a general data storage company, and shall not be responsible for the storage of files not containing Genetic Data or for use in the processing of Genetic Data. Company reserves the right, and you agree and acknowledge that Company has the right, to purge any data from the Site that does not include Genetic Data or data for use in the processing of Genetic Data. Company cannot guarantee the integrity of any file uploaded to Site, and recommends that all Users maintain back-ups of their files.
7. Company Use of Personal Information.
7.1. User Content. You grant Company an unrestricted license to use the User Content you post to any area if the Site accessible to other Users. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. By posting, uploading, downloading, displaying, performing, transmitting, or otherwise distributing User Content to the Site, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content.
7.2. Genetic Data; Phenotypic Information. Disclosure of individually identifiable Genetic Data and/or Phenotypic Information to third parties will not occur without explicit consent, unless required by law. Note that Company cannot control any further distribution of Genetic Data and/or Phenotypic Information that you share publicly with others. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that Company has no obligation to do so on your behalf. You understand that you should not expect and you do not have a right to any financial benefit from Company as a result of having your Genetic Information processed; made available to you; or, as provided in our Privacy Statement, any applicable Consent Agreement, and these Terms of Service, shared with or included in De-Identified Genetic and Phenotypic Information shared with research partners, including commercial partners.
7.3. Waiver of Property Rights. As stated above, you understand that by providing any sample, having your Genetic Data processed, accessing your Genetic Data, or providing Phenotypic Information, you acquire no right or interest in any products or services that may be developed by Company or its collaborating partners. While you obtain no right or interest in any products or services that may be developed by Company or its collaborating partners, you do retain full ownership of your Genetic Data and may remove it from the Site at any time. However, you acknowledge and agree that any use of your Genetic Data prior to such removal cannot be undone and in no way grants you any right or interest in any products or services that may be developed by Company or its collaborating partners.
8. Use of Apps.
8.1 Hosted Apps. Company creates and hosts various Apps on the Site. Some of these Apps are created directly by Company, and some are created by other developers and hosted on Company’s Site (collectively “Hosted Apps”). All Hosted Apps have been screened to ensure compliance with Company’s security standards and protocols.
8.1 Non-Hosted Apps. Some Apps created by App Developers that are available through Company’s App marketplace or other App marketplaces (such as Apple's App Store and Google Play) may be hosted on the App Developers' own site (collectively "Non-Hosted Apps"). Non-Hosted Apps are required to use Company's Application Programming Interface ("API"), such as Company's App Market API or Real-Time Personalization Technology API, and App Developers of Non-Hosted Apps are bound by and must comply with Company's API Usage Agreement. When you use a Non-Hosted App, you acknowledge and agree that you are providing explicit consent to Company to provide the App Developers of that Non-Hosted App with access to some of your Personal Information. This may include your name, email address, filename (containing your Genetic Data), Genetic Data and/or Phenotypic Information. When you use a Non-Hosted App, Company will provide access only to that portion of your Personal Information necessary for the App’s purposes. Company does not, and will not, provide your entire genome to any App or App Developers. When you use a Non-Hosted App, you agree that an account at the App Developers site may be automatically registered to you and/or your email address and that some or all of the results from the Non-Hosted App may only be accessible to you through this account at the App Developers site. Company cannot guarantee that any Non-Hosted App complies with Company’s security standards and protocols. All Users who use such Non-Hosted Apps do so at their own risk and specifically waive any claim against Company related to the use of such Non-Hosted Apps.
9. Use of Application Programming Interface. Company’s application programming interface (“API”) allows software application developers (“App Developers”) to access the Site to utilize Company’s software application technology. All such access is secure and requires App Developers to specifically register with Company prior to their accessing the API and to comply with Company’s stringent security standards and protocols. Through the API, App Developers may utilize Company technology, such as Company’s Real-Time Personalization Technology API, App Market API and Connect to Sequencing.com API, to develop their own mobile and web-based applications. App Developers interested in utilizing Company’s API shall be bound by and must comply with Company’s API Usage Agreement.
10. Altruist Data.
10.2 Altruist Data De-identification Policy. You represent, warrant, and agree that with respect to any and all Altruist Genetic Data and Phenotypic Information made available to you through the Site, that you have no intention to and shall not attempt to, or actually, reverse the de-identification of any Altruist Genetic Data and Phenotypic Information. You acknowledge and agree that if Company discovers that you are in violation of the foregoing sentence, you shall immediately have your user account cancelled, and further, you specifically agree to indemnify Company, and its successors, assignees, subsidiaries, owners, officers, directors, attorneys, and other agents, from any and all damages arising from or related to your actual or attempted reversal of the de-identification of Altruist Genetic Data and Phenotypic Information.
10.3 Altruist Data Designation and Removal Process. When you upload a genetic data file into your account on the Site you will have the option to choose for that file to be designated as an Altruist File. If you choose to designate a file as an Altruist File then the data in that file will be de-identified and added to the Altruist Database. The data contained in the Altruist Database is considered open data and is accessible to other users of the Site. While other users are not permitted to download entire data files from the Altruist Database, users can access and analyze that data. You have a right to remove any or all Altruist Genetic Data and Phenotypic Information you post to the Site including removing the designation of a file as being an Altruist File. At any time and for any reason you may decide to turn on or off the Altruist File designation for any file you uploaded to your account at the Site by signing into your account at the Site, navigating to the My Data Page and then sliding the toggle button that is located to the left of the filename. You may turn off a file's Altruist designation by sliding the toggle button so that the red color is visible. You may designate a file as being an Altruist file by sliding the toggle button so that the green color is visible. If you turn off the Altruist Designation for one or more uploaded files then the data in the file(s) will be removed from the Altruist Database within one (1) day. You may also remove any and all Altruist Genetic Data and Phenotypic Information you post to the site by providing notice, including your name, email address and specific files or content, including the url where the content appears, to be removed, to the email address listed in Article 27 below. Please note that due to security needs to protect the de-identification of your information, removal requests received by email may take up to thirty (30) days to process from the date you receive email confirmation of the pending removal. Further, any of your Altruist Genetic Data and Phenotypic Information that has been accessed and utilized prior to either turning off the Altruist Designation for a file or receiving and processing your request to remove this information from the Site cannot be reversed or undone.
11. Use of Software. Company may make certain software available to you from the Site. If you use and/or download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors, and you may not copy or use them in any manner.
12. Compliance with Intellectual Property Laws. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your Company account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
13. Hyperlinks. The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
14. Copyright Infringement. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (g) your notarized signature attesting to the above. For this notification to be effective, you must provide it to Company’s designated agent by emailing [email protected]
18. Limitation of Liability. WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT COMPANY 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 COMPANY 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.
21. Jurisdiction. Judicial Arbitration and Mediation Service, Inc. (“JAMS”), will have worldwide, exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement. In no case shall any dispute, whether arising in the United States of America or anywhere else in the world, or whether arising between Company and persons domiciled in in the United States of America or domiciled anywhere else in the world, be decided by any court, tribunal, arbitrator, mediator, or other judicial body other than JAMS.
23. No License. Nothing contained on the Site or in the course of provision of the Services should be understood as granting you a license to use any of the trademarks, service marks, logos, or other intellectual property owned by Company or by any third party.