PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE

GeneSprout Terms of Service

Last Updated: October 2024

 

Our Terms of Service (these “Terms”) make up the agreement between GeneSprout, Inc. (“GeneSprout” or “we”) and you. These Terms govern your use of and access to GeneSprout’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 you, regardless of whether you are a registered user (collectively, the “Services”). Services may be provided by GeneSprout or its affiliates, including contractors and subcontractors.

 

Please read these Terms carefully, and any policies, guidelines, or rules applicable to such Services, as they constitute a legal agreement between GeneSprout and you. We also encourage you to review our Privacy Statement, which is made a part of these Terms by this reference . By clicking “Sign up” or “I agree” or otherwise indicating your assent or by accessing or using the Services, you agree to be bound by these Terms. Of course, if you do not agree with these Terms, consents, or any other of our policies, then you may not access or use the Services. You can delete your account from your Account Settings at any time.

 

GeneSprout may make changes to these Terms at any time. If we make a material change to these Terms, we will notify you, such as by posting a notice on our website or sending a message to the email address associated with your account. By continuing to access or use the Services, you agree to be bound by such revised Terms.

 

1.     Eligibility

We believe everyone should be able to access, understand, and benefit from their genome. That said, there are a few restrictions about who can use our Services. By using the Services or creating an account, you represent, warrant and agree that:

  • You can form a binding contract with GeneSprout;

  • You are not a person barred from receiving the Services under the laws of the jurisdiction from which you use the Services;

  • You are at least 18 years old;

  • Any sample of an individual who is under the age of 18 (or otherwise unable to form a binding contract) that you provide to GeneSprout is the sample of a minor for whom you are a parent or legal guardian, or the sample of a minor for whom you are a legally authorized representative;

  • The sample you provide is not from a bone marrow or stem cell recipient;

  • You will not, without GeneSprout’s express prior written authorization, use the Services for any investigative forensic genealogy uses;

  • The name and date of birth provided on the sample match the individual from whom the sample was collected; and

  • 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 GeneSprout immediately or 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.

 

Subject to applicable law, GeneSprout reserves the right (but has no obligation) to monitor access to and use of the Services to verify or ensure compliance with these Terms.  GeneSprout may, at any time (in its sole discretion), suspend or change the Services (or any portion thereof or access thereto) or terminate these Terms.

 

2. Intellectual Property

GeneSprout is the sole and exclusive owner of all right, title and interest in and to the Services and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, visual interfaces, trademarks, logos, products, computer code, selection, arrangement and look and feel) (collectively, “Services Content”), which is protected by copyright, patent and trademark laws, and various intellectual property rights and unfair competition laws. You are not permitted to reproduce, publish, distribute, modify, reverse engineer, disassemble, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Services or Services Content except as authorized by these Terms. You may not access or use any part of the Services or Services Content for any commercial purposes. You may not (a) circumvent any security device or protection of the Services or Services Content, or (b) remove any disclaimers or proprietary notices from the Services or Services Content. You hereby grant GeneSprout and its affiliates a royalty-free, worldwide, sublicensable, irrevocable, perpetual license to incorporate into the Services or otherwise use any suggestions, enhancement requests, recommendations, or other feedback you provide related to the Services.

 

You must treat the non-public aspects of the Services as confidential information of GeneSprout, at all times strictly maintaining the confidentiality of such information.

 

3. User Content

“User Content” is all information, data, text, messages or other materials generated by users of the Services and transmitted by such users to or through GeneSprout. You hereby grant us and our affiliates a non-exclusive, sublicensable (to contractors to provide services to or act on behalf of us or our affiliates), royalty-free, worldwide license to reproduce, modify, create derivative works of, and otherwise use your User Content to provide (to you), maintain, and improve the Services. We do not claim any rights to User Content, except for the rights granted in these Terms.

 

You represent and warrant that you have all the rights, power, and authority necessary to grant the above license and to provide the User Content to us.

 

4. Privacy

You also understand that while GeneSprout takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from GeneSprout are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk.

If you choose to use or purchase additional Services for a business or commercial purpose, or any purpose other than personal use, they may have their own additional terms and conditions. The specific terms and conditions associated with the use or purchase of additional Services are made a part of these Terms by this reference. Just like you agree to these Terms, you agree to abide by those additional terms and conditions too. To the extent those additional terms conflict with these Terms, including any arbitration provision or dispute resolution provision, these Terms will control to the extent necessary to resolve such conflict.

 

5. Risks and Considerations Regarding GeneSprout Services

The genetic information provided to you may raise serious questions or concerns. We encourage you to talk to a genetic counselor to help you understand your results and testing options. As research advances, you may need to obtain further Services from GeneSprout, your physician, a genetic counselor, or other healthcare provider.

 

Some people feel a little anxious about getting genetic health results and you may learn information about yourself that you do not anticipate. This is normal. If you feel very anxious, you should speak to your physician or a genetic counselor prior to collecting your sample for testing. Additionally, you may discover things about yourself that trouble you and that you may not have the ability to control or change.

 

The laboratory may not be able to process your sample, and the laboratory process may result in errors. The laboratory may not be able to process your sample if, for example, your specimen does not contain a sufficient volume of DNA, or the results from processing do not meet our standards for accuracy.

 

Here’s our policy on re-processing failed samples:

  • If the initial processing fails for any of above reasons, we will reprocess the same sample at no charge to the user.

  • If the second attempt to process the same sample fails, we will offer to send another sample collection kit to the user to collect a second sample at no charge.

  • If the second attempt to process the sample is unsuccessful, GeneSprout will not send additional sample collection kits and the user will be entitled solely and exclusively to a complete refund of the amount paid by the user to GeneSprout with respect to such sample, less shipping and handling, provided the user shall not, directly or indirectly, subsequently submit such sample .

 

Note: Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect.

 

6. No Refunds. Except as may be required by applicable law or expressly stated in these Terms, payments are non-refundable and there are no refunds or credits for partially used Services..

 

7. GeneSprout Does Not Provide Medical Services

GeneSprout Services are for research, informational, and educational use only. GeneSprout does not provide any medical services, does not practice medicine, and does not provide medical advice, diagnosis or treatment in any way or manner including via the Services. Any clinical questions should be directed to a healthcare provider. The Services are not intended to be used for any diagnostic purpose and are not a substitute for independent professional medical advice. You should always seek the advice of your physician or other healthcare 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. Do not assume that GeneSprout has shared any of your information or results with your healthcare provider.

 

By using GeneSprout, you agree that you will not use any information provided by GeneSprout or purchased services for diagnostic or health-related decision making before seeking professional advice from a physician, genetic counselor, or similarly qualified healthcare professional. You understand and agree that testing services are intended to screen for certain genetic diseases. If you have concerns or questions about what you learn through our Services, you should contact a healthcare provider.

 

GeneSprout does not endorse, warrant or guarantee the effectiveness of any specific course of action, resources, tests, physician or other healthcare providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. If we provide any recommendations and/or potential ways to take action, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. Reliance on any information provided by GeneSprout, GeneSprout employees, others appearing on our website at the invitation of GeneSprout, or other visitors to our website is solely at your own risk.

 

GeneSprout’s Services are not intended to diagnose any condition or disease. For most common diseases, the genes we know about are only responsible for a small fraction of the risk. Your ethnicity, environmental factors, and lifestyle choices are important predictors and may affect the relevance of each report and how your results may be interpreted. The Services are not intended to tell you anything about your current state of health, or to be used to make medical decisions, including whether or not you should take a medication, how much of a medication you should take, or to determine or change any treatment. If you have concerns or questions about what you learn through GeneSprout, you should contact your physician or other healthcare provider before making any lifestyle changes.

 

Furthermore, to expand and accelerate the understanding and practical application of genetic knowledge in healthcare, we invite all eligible genotyped users to participate in GeneSprout research and development. These activities may include, among other things, improving our Services and/or offering new products or services to you; performing quality control activities; or conducting data analysis that may lead to product development and/or commercialization. Participation in such research and development is voluntary and based upon an Institutional Review Board-approved consent document.

 

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GENESPROUT AND ITS AFFILIATES HEREBY DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO ANY ACCESS, USE, AVAILABILITY, QUALITY, INTEGRITY, SECURITY, ACCURACY, OR RESULTS OF THE SERVICES.  WITHOUT LIMITING THE FOREGOING, GENESPROUT DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.  GeneSprout is not responsible for, and does not endorse, any communications or content submitted by, or shared among, any users of the Services.

 

8. Genetic Testing Services

As a requirement for the Services, a GeneSprout-contracted licensed health care provider will furnish a valid order for genetic testing services. We have partnered with a health care provider who is licensed in your state to review your request for genetic testing. You understand and agree that the Services ordered by the GeneSprout-contracted licensed health care provider are intended to screen for certain genetic diseases do not constitute medical advice, diagnosis, or treatment in any way or manner from the GeneSprout-contracted health care provider. You should not make health decisions on the basis of the genetic information received from GeneSprout without consulting with your own healthcare provider. If you have concerns or questions about what you learn through our Services, you should contact a healthcare provider. If your healthcare provider has recommended GeneSprout to you, they may have furnished a valid order for GeneSprout’s genetic testing services and GeneSprout’s health care provider’s order would not be required.

 9. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will GeneSprout or its affiliates, or its or their third-party licensors, service providers, employees, contractors, agents, officers or directors (collectively, including GeneSprout and its affiliates, “GeneSprout Parties”), be liable for any 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, or any other non-direct damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

 

To the fullest extent permitted by applicable law, in no event will the GeneSprout Parties’ aggregate liability for all claims arising from or relating to the Services or these Terms exceed the greater of (a) $100 or (b) the amount received by GeneSprout from you with respect to the Services that are the subject of the applicable claim.

 

Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim shall be deemed permanently waived and barred.

Some states or jurisdictions do not allow certain limitations of liability. In such states or jurisdictions, the GeneSprout Parties’ liability shall be limited to the fullest extent permitted by applicable law.

 

9. Miscellaneous. These Terms represent the entire agreement between the parties regarding the subject matter hereof. If any part of these Terms is held invalid or unenforceable, that portion shall be construed consistent with applicable law (and, to the fullest extent permissible, consistent with its original intent) and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through execution or operation of these Terms. Headings used in these Terms are for convenience only and have no legal or contractual significance. These Terms will be binding on and will inure to the benefit of the successors and permitted assigns of the parties. You may not assign these Terms or delegate any of your obligations hereunder.

If you have any questions about these Terms, the Services or the practices of GeneSprout, please feel free to contact us.