Welcome to our new mobile application and thank you for your interest in us!
Please read these Terms of Service carefully, because they govern your use of our Services. By registering for, accessing, browsing or otherwise using our Service, you acknowledge, that you have read, understood and agree to be bound by ToS.
If you have any questions, please contacts us at email@example.com.
Users of the Services must be (a) at least 18 years of age, regardless of permission from parents or guardians, and (b) lawfully able to use the Service under the laws where you reside.
The Services include access to our mobile application and our personal genetic services, which include the collection, extraction, and analysis of your Personal Data, including Genetic Data, based on the electronic transmission of your Genetic Data and other Personal Data (including Sensitive Personal Data) to us.
The Services are provided on an "as is" basis. You acknowledge that (a) the Services have not been designed to meet your individual requirements, (b) the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without errors, and (c) the Services are not fault-tolerant.
We have no obligation to enhance, modify or replace any part of the Service or to continue developing or releasing new versions thereof. You acknowledge, that scientific research is continuously developing and also genetic technology and analysis tools and methods are evolving. You understand and agree that the Services might change from time to time without any prior notice and/or we may stop providing some Services and its features without prior notice temporarily or permanently.
Your selection and use of the Services is at your own risk, and so is your exposure to, down- and upload of, as well as transmission and possession of information, programs and other objects through or due to the Service.
Upon Account registration you must provide certain current, complete and accurate information about you. You must update such information as needed to keep it current, complete and accurate. The type of information you are required to provide may change and you must provide your information current. Not providing requested information may prevent you from Account creation or obtaining all Services.
You agree that you will maintain the confidentiality of your username and password created with us or with any other service provider (e.g. Facebook) that are used to log in to your Account. You agree that you will take sole responsibility for any activities, actions, loss, damage or other consequences resulting from the use of your Account, whether or not you have authorized the use of your Account or not. You will immediately notify us of any unauthorized use of your Account.
You hereby indemnify GeneWix and any of its affiliates, sublicensees, partners, designees, and assignees against any liability or costs arising from any claims by third persons based on the access and use of your Account.
GeneWix may charge its users a fee for the use of Services as notified upon Account creation or as notified by respective notice. Your continued use of the Services after such notification shall constitute your consent to the fee.
You understand that you may be asked to pay additional fee if GeneWix offers different or additional software, features or other enhancements of the Services that your initial purchase of the Services did not include. Your continued use of the Services after such notification of the additional fee shall constitute your consent to the additional fee.
Upon delay with any payments, we may suspend or terminate your Account without prior notice and/or we may require you to pay a penalty for late payment according to applicable legal acts.
Our Services are for informational use only. We do not provide medical advice and our Services should not be a substitute for professional medical advice. By using our Services you represent and warrant to us that:
We cannot control User Content posted by users and/or third parties. You understand that by using the Services you may be exposed to User Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will GeneWix be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. You understand that you must evaluate and bear all risks associated with the use of any content, including any reliance on the content, integrity, and accuracy of such content.
You may not post, upload, transmit, deliver, run or store any unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable materials ("Offensive Content"). Examples of such Offensive Content include, but are not limited to, the following:
We have the right to remove any User Content that we determine, in our sole discretion, to be Offensive Content. We also have the right to suspend or terminate the User Account of anyone who posts such Offensive Content or engages in otherwise unacceptable behavior on or through the Services.
You acknowledge that all Service-related Intellectual Property belongs and shall belong to GeneWix. You shall not acquire any right, title, or interest in the Intellectual Property or otherwise in connection with the Service, except for the license set forth in this Agreement.
You are granted a limited, non-exclusive, non-sublicensable, non-transferable license to use the Service in accordance with the Agreement. This license does not include the right or license to copy, modify, distribute, process, translate, make extracts of, transmit, add to compilations or databases, make available to the public, publicly display, make additions to or create derivatives of, reverse engineer, decompile, rent, sell for a fee or license to third parties or otherwise exploit the Service, its software or any parts or elements thereof, or in any other way use Intellectual Property not permitted with this Agreement.
Regarding the Results, you are granted a limited, non-exclusive, non-sublicensable, non-transferable license to use the Results only for personal and non-commercial purposes.
All of the software that you can download through our Services is copyrighted. You may not disable, bypass or circumvent security or other technological measure designed to protect the software or any other content available through the Service.
If you breach the license, infringe Service-related Intellectual Property or otherwise exceed the scope of the license, we suspend or terminate your Account without prior notice and you may be subject to legal actions.
We also respect Intellectual Property of others and may, in appropriate circumstances and at our sole discretion, suspend or terminate any Account through which the rights of others are infringed.
You shall be solely responsible for the consequences for posting or publishing User Content and Personal Data through our Services. You understand that your User Content and Personal Data (e.g. data file with Genetic Data acquired by analyzing your saliva sample) may be or include material that is or may be protected with intellectual property rights (yours or a third party’s), such as copyright, patent, trade secret, etc. You represent and warrant to us that you own or have the necessary licenses, rights, consents and permissions to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all of your User Content and Personal Data that enable the use of User Content and Personal Data by GeneWix for the purposes of providing the Services.
By creating, uploading or sharing Personal Data and User Content, you grant GeneWix and our affiliates, sublicensees, partners, designees, and assignees a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise use your User Content and Personal Data for the purpose providing the Services. You acknowledge that you will not receive any compensation for any Results.
You alone are responsible for all of the consequences resulting from sharing your Personal Data, including Genetic Data, with others.
The Service may contain links to third-party websites that are not owned or controlled by us. We assume no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, we do not censor or edit the content of any third-party websites.
You may not use the Services to solicit, interfere with, or endeavor to entice away from GeneWix any GeneWix customer, user, or subscriber.
The Services are for your own use only. Other than permitted under this ToS, you agree not to resell, share, duplicate, copy, distribute, lease, access or provide shares of Services for any commercial purposes.
You agree to defend, indemnify and hold harmless GeneWix and its subsidiaries, affiliates, contractors, officers, directors, employees, successors, agents and assignees, and agents from any claims, losses, costs, liabilities and expenses (including attorneys’ fees) relating to or arising
You understand and agree that this indemnification clause applies also in cases where you have provided GeneWix with your Genetic Data through some third-party genetic testing service. You hereby indemnify GeneWix and its subsidiaries, affiliates, contractors, officers, directors, employees, successors, agents and assignees, and agents from any claims, losses, costs, liabilities and expenses (including attorneys’ fees) from any liability from the use, analysis, integration, disclosure of any information or results obtained from a third-party genetic testing service provider that performed the genetic analysis of your saliva sample or any other sample and on the basis of that obtained information and Results that are now or in the future used by GeneWix.
GeneWix` liability arising from this Agreement will be limited to the maximum extent permitted by applicable law. In no event will we be liable to the user for any amount in excess of the service fee (if applicable) paid by the user under the Agreement for the 6-month period immediately preceding the event giving rise to the claim. In no event will we be liable to the user for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses in any way relating to or arising from this Agreement.
GeneWix reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. GeneWix shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
GeneWix is not obliged in any event to provide refunds or credits for partial months or years of the Services, upgrades or downgrades, or unused time during your use of the Services.
You may terminate the Agreement at any time by terminating your Account or by sending a notice to GeneWix. You should send your notice to the email address that is stated at the beginning of TOS.
We may terminate the Agreement by revoking your password and/or terminating your Account if you are in breach of any of the provisions of this Agreement, if we are required to do so by law, and/or if we no longer plan to provide Services to users in your country of residence or where you use the Services.
Any suspected illegal activity can be grounds for terminating the Agreement and can be referred to the appropriate law enforcement authorities.
This Agreement constitutes the entire agreement between us and you and sets out all the conditions, understandings and agreements between us and you pertaining to the subject matter of the Agreement and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written.
Our and your obligations under the Agreement will be continuous and survive expiration or termination of the Agreement only if expressly provided in the Agreement or otherwise required by law or intended by their nature.
This Agreement shall be governed by the laws of Estonia. Disputes and disagreements shall be settled by negotiations between the parties. If an agreement is not reached within a reasonable period of time, the dispute shall be settled in Harju County Court (Harju Maakohus), located in Tallinn, Estonia. For the avoidance of doubt, nothing in this Agreement deprives you of the protection afforded to you as a consumer by the mandatory provisions of the law of your residence.
Any notices or other communications required hereunder will be in writing. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted, unless the sender received a failure of delivery notice.