Welcome to DNAFit Life Sciences Limited (DNAFit).
DNAFit Life Sciences Limited (“DNAFit”) is registered at TMS House, Cray Avenue, Orpington, Kent, UK, BR5 3QB. UK Company Registration is 08834823.
DNAFit Services are available through the Helix Platform. They use portions of your Genetic Information as stored by Helix.
To use any DNAFit Service, you must agree to these Terms of Service (“TOS”). This is a legal contract that affects your rights and obligations. You should read this because any use of the Service signifies your acceptance of these Terms of Service.
KEY TERMS AND DEFINITIONS
“Aggregate Genetic and Self-Reported Information” – Genetic and Self-Reported Information that has been obtained from User registration information and has been combined with data from other Users which is de-identified enough to minimise the exposure of individual information while still providing enough scientific evidence to be meaningful
“Consent Document” - formal electronic or physical documentation acknowledging User permission for DNAFit to collect, process, store and share any Personal Information required to provide DNAFit Services or in any internal or external research and development. Further details of data usage will be disclosed during consent, and you will be given the opportunity to control how we use and share your data. A separate Consent Document will be issued to gain your permission to participate in ‘DNAFit Research’ as defined within this TOS.
“Data Controller” – DNAFit will be the controller of any information provided to, or captured by us to enable use of services and will determine the purposes for which, and the way any personal data are, or are to be, processed.
“Data Processor” - in relation to personal data, means any person or organisation (other than an employee of the data controller) who processes the data on behalf of the Data Controller.
“DNAFit Services” - DNAFit’s products, services and website (including graphics, text, images and other information displayed on Our Site), DNA testing, reporting and follow up consultations with our expert teams.
“DNAFit Research” - IRB approved scientific research that DNAFit is involved with. The intent of this research is to understand the common associations between genetics and environment for research purposes. DNAFit Research only uses genetic data and information reported by the Users who have been issued with a separate Research Consent Document to share their information. DNAFit will only use this research on a de-identified basis.
“Genetic Information” – data related to your genotype (e.g. A, T, C, G at different genetic markers), generated through the analysis of your saliva. Helix shares portions of it with us (with your consent) so that we can offer DNAFit services.
“Our Site” - www.dnafit.com
“Personal Information” – all data shared with DNAFit that can be used to identify the User either alone or in combination with other information. These data combine Registration Information, Genetic and Self-Reported Information as well as User Content.
“R&D” - scientific research and development based on the data obtained from our Users. These activities include, among others, the improvement of services, offering new services and products, and performing data analysis activities that can lead to include enhanced commercialisation with a third party.
“Registration Information” – details captured when registering for our services and/or purchasing a product for an account to be set up with personal login credentials and will be used to provide you with your chosen services. You will be asked to provide details such as name, contact details and DOB to facilitate service delivery, communicate with you and perform identity verification during inbound and outbound contact.
“Self-Reported Information” – any details shared with us by the User. It may include Personal Information, medical conditions, sports-related information, ethnicity, family history, and other information that you enter in surveys, forms or features while entering the Our Site. Self-Reported Information is used in DNAFit Research where consent has been given.
“User” - any visitors to Our Site, those that register for marketing, existing account holders and new customers registering for services via any of our channels.
“User Content” - all other information provided by Users not including Genetic Information and Self-Reported Information. This information is distributed publicly or privately, to or through DNAFit.
ACCEPTANCE OF TERMS
Your use of DNAFit’s Services is subject to the terms defined in these TOS. These TOS apply to any use of DNAFit’s Services, including:
To use DNAFit’s Services, you must first agree to the TOS. You cannot use the Services if you do not accept the TOS. The TOS can be accepted by:
Direct-to-consumer Users who provide Genetic Information 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 Site and its personal genetic services, which include the collection, extraction, and analysis of your Genetic Information, based on a saliva sample or the electronic transmission of your Genetic Information from other sources at your direction. Unless stated, each new feature that is added to the current Services will be subject to the TOS. You accept and agree that the Services are provided “AS-IS” and are based on the current state of genetic research and technology used by DNAFit when using the Services.
Scientific research is always changing and genetic technology is always evolving; therefore, DNAFit is always innovating to provide the best information to its Users. You agree that the Services might change from time to time without any prior notice. As part of this continuing evolution of science, you accept and agree that DNAFit might stop (permanently or temporarily) providing some Services (or features within the Services) to its Users without prior notice.
You can stop using the Services at any time. You do not need to inform DNAFit when you stop using the Services, unless you request to close your account. DNAFit does not have any responsibility for the use of the Services outside the TOS terms or any other terms that apply.
To make use of the Services, you must have Internet access, directly or through devices that have access to web content, and you must pay any outside service fees associated with this access. You must also provide all the equipment necessary to connect to the Internet, which includes a computer and a modem or another access device. You agree that while DNAFit does not have a set upper limit on the number of transmissions you send or receive through the Services, or the amount of storage space used for providing any Service, this fixed upper limit may be set by DNAFit at any time at its sole discretion.
RISKS AND CONSIDERATIONS
By accessing DNAFit Services, you agree to, acknowledge, and represent as follows:
You agree that you have the authority; under the laws of the jurisdiction in which you reside, to make these representations. In case you break any of these representations or breach these TOS in any manner, DNAFit has the right to terminate your account and refuse the future use of DNAFit Services and you will indemnify and hold harmless DNAFit and its affiliates against any liability or damages that may arise in case these contracts are broken.
ACCOUNT MAINTENANCE, PASSWORDS AND SECURITY OBLIGATIONS
In return for your use of DNAFit’s Services, you agree to: (a) provide accurate and current Registration Information about yourself as requested by the Services; and (b) maintain and update your Registration Information to keep it accurate and current. If you provide information that is inaccurate or not current, or if DNAFit suspects that your Registration Information is inaccurate and not current, DNAFit has the right to terminate or suspend your account and refuse any current or future use of the Service.
You are responsible for maintaining the confidentiality of your login credentials for your account, and you are responsible for all the activities that happen under your password and account. If you allow others to access Our Site through your account and password, you will indemnify DNAFit and its affiliates against any liability or costs arising from claims by other people based on the access and use of your account.
You can access personal details through your account profile, set your browser settings to determine how we track your web behaviour, opt out of direct marketing and R&D and choose when to share information on public forums, discussion boards and social media.
You agree to: (a) immediately notify DNAFit of any use of your password or account that has not been authorized; and (b) exit from your account after each session. DNAFit EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGE ARISING FROM NOT FOLLOWING THIS SECTION.
DNAFIT PRIVACY STATEMENT AND DISCLOSURE OF INFORMATION
DNAFit personnel can and may monitor the use of its systems and can keep copies of such monitoring.
You acknowledge that all the User Content, publicly shown or privately communicated, is the responsibility of the author or poster of the particular User Content. This means that DNAFit is not responsible for any of the User Content posted, emailed, or uploaded through Our Site or Service.
You acknowledge that the content from the Services available to you, whether it is original content from DNAFit’s Services or sponsored Services content, is protected by copyright and intellectual property rights owned by DNAFit and/or the sponsors who provide the content (or other people or companies on their behalf). DNAFit does not grant you permission to share any of the content unless explicitly indicated. You may not modify, lease, sell, distribute or create works based on the Services content unless you have been told you can do so by DNAFit or by the content owners in a separate written contract or agreement.
USER CONDUCT – UNLAWFUL AND PROHIBITED USE
You guarantee that you will not use the Services for any unlawful or prohibited purposes. You are prohibited from using the Services in any way that could damage or impair the Services, or interfere with someone else’s use of the Services. You cannot try to or obtain any information through any ways that are not made available explicitly through the Service.
Additionally, you specifically agree to not use the Services to:
You acknowledge and accept that you are responsible for (and that DNAFit has no responsibility to you or someone else for) any violation of your obligations under the TOS and for the consequences that the violations might have, including any damage that DNAFit might suffer. In case of any agreement violation, DNAFit has the right to suspend or terminate your account and refuse any future Service use and you will indemnify DNAFit and its affiliates against any costs or damages that might arise from the violations.
If you violate any of the terms found on this Section, or DNAFit suspects that you violated the terms on this Section, DNAFit has the right to suspend or terminate your account and refuse future use of the Services.
EXPORT CONTROL AND APPLICABLE LAWS AND REGULATIONS
You agree that you will abide by all applicable laws and regulations in your use of the Services and specifically that you will not violate any applicable export control rules. In addition, you agree that you will not do anything that would cause DNAFit to violate any such statute, regulation or rule.
INFORMATION POSTED THROUGH THE SERVICE
DNAFit will not control any of the User Content that is posted through the Service and DNAFit does not guarantee the accuracy or quality of the any User Content or other outside content not provided by DNAFit. You acknowledge that using the Services may expose you to offensive and indecent content. Under no circumstance can DNAFit be held responsible for any outside content, including errors in such content, loss, or damage as a result of the content posted or shared through the Service.
You understand that DNAFit has the right, but not the obligation, to review, modify, pre-screen or refuse any content that is available through the Services. DNAFit and its designees have the right to remove any content that is violating the TOS at DNAFit’s sole discretion. You agree to evaluate and understand all the risks associated with content use, including accuracy or usefulness of the content.
YOUR PROPERTY RIGHTS OVER MATERIAL PROVIDED TO DNAFIT
You agree to defend and hold harmless DNAFit and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns from any claims, including attorney’s fees, made by any third party from the User Content submitted or shared through the Service, your Service use, your Service connection, your TOS violations, or any other rights violation(s).
If you have provided DNAFit with a saliva sample or you have provided your Genetic Information through Helix (or some other third-party genetic testing service), you will indemnify DNAFit, its employees, contractors, successors, and assigns from any liability from the use or disclosure of any information obtained from the genetic analysis of your saliva sample, the analysis of your Genetic Information, the integration of your Helix genetic data or some other third-party genetic testing service, or results from third party add-ons that are provided in the future.
You further agree that you will indemnify and hold harmless DNAFit and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns from any harm, damage, costs and expenses derived from or attributable to your violation any portion of these TOS.
Additionally, if you want to provide your Genetic and/or Self-Reported Information to third parties, you agree to indemnify DNAFit, its employees, contractors, successors, and assigns from any liability resulting from such disclosure of your Genetic and/or Self-Reported Information.
NO RESALE OF SERVICE
Other than pursuant to Limited License as described earlier or another agreement, you agree not to distribute, publish, duplicate, copy, create, sell or share portions or all the Services, the use of the Services or access to the Services for any commercial purposes.
GENERAL PRACTICE REGARDING USE AND STORAGE
You understand that DNAFit may establish practices and limits concerning Service uses, such as the maximum number of days that Personal Information and Services content are retained by the Service, the maximum disk space allowed on DNAFit’s Services respecting your account, and the maximum number of times you can access the Services in each period. You understand and accept that DNAFit has no responsibility or liability for the deletion of messages or content maintained or shared by the Services; or for the loss of Genetic Information because of the malfunction of data servers or other events. You also should understand that DNAFit has the right to change these practices and limits at its own discretion.
DNAFit has the right to modify or discontinue the Services at any time with or without any prior notice. You understand and accept that (a) modifications can result in a computational delay from some of DNAFit features or Services, and (b) DNAFit cannot be liable to you or any third party for any modification or discontinuation of the Services.
You understand that DNAFit may offer different or additional software or features to analyse your Genetic Information in the future and that your initial purchase does not necessarily allow you to obtain additional technologies or features to analyse your Genetic Information without an additional fee. You may have to pay additional fees to have your Genetic Information collected and analysed using additional technologies or features.
The TOS will apply until DNAFit or you terminate your obligations as described in this Section.
If you wish to terminate your legal agreement with DNAFit, you can do so by providing a written notice to DNAFit, as well as closing your accounts from all the Services that were provided to you. Your notice should be written and sent to DNAFit’s address, which is stated at the beginning of the TOS, or online through Customer Care. If you send the notice online, DNAFit will send you an email to confirm this notice and it will be effective after receiving a second email confirmation from you.
DNAFit can terminate its legal agreement with you at any time, as well as revoke your password and terminate your account if:
Any suspected illegal activity can be grounds for terminating your Service use and can be referred to the appropriate law enforcement authorities. You understand that DNAFit will not be liable to you or any third party for terminating Service use.
A termination of the TOS or a User account will not affect any existing obligations of the User to DNAFit, nor will it affect any rights or remedies of the parties that have accrued up to the termination.
DEALING WITH INFORMATION PROVIDERS AND LISTED RESOURCES
Your correspondence or business dealings through promotions, vendors, and other resources found on the DNAFit Service – including payment and shipping of goods and services and any other terms and conditions associated with such dealings – are exclusively between you and the such providers. You agree that DNAFit cannot be held responsible or liable for any loss or damage resulted from these dealings or as a result of this information provided on the Services.
HYPERLINKS AND THE DNAFIT WEBSITE
The DNAFit Service provides, and other third parties can also provide, links to other websites and scientific resources on the Internet. DNAFit has no control over these websites and resources. Therefore, you understand and accept DNAFit cannot be held responsible or liable for any damage or loss caused by or in connection to the use of this content that might be available through the hyperlinks.
DNAFIT’S PROPRIETARY RIGHTS
You understand and agree that DNAFit owns all the legal rights and interests to the Services, including intellectual property rights (including patents) that subsist in the Services. You also understand that the Services can contain information deemed as confidential by DNAFit and you cannot disclose this information without DNAFit’s permission and written consent.
Additionally, you agree that the Services, and any other software used for the Services, contain information that is both confidential and proprietary and is protected by intellectual property laws. You also acknowledge that the information provided to you through our Services is protected by copyrights, trademarks, patents and other proprietary laws.
Except as authorized by DNAFit, you accept to not modify, sell, distribute, or create derivative works of any information found on the Services. All the Software that can be downloaded through the Services is copyrighted. Your Software use is governed by the terms of the license agreement, which is included with the Software (“License Agreement”). You shall not try to install or use any Software that has a License Agreement without first agreeing to the License Agreement terms.
DNAFit Technologies Inc., DNAFit, and other DNAFit logos, products and service names are DNAFit trademarks and these trademarks along with any other DNAFit trade names, logos and brand features are “DNAFit Marks.” Unless you have agreed otherwise by written consent with DNAFit, other than through the Limited License as described earlier nothing in the TOS gives you the right to use DNAFit Marks and you should agree not to display or use in any way the DNAFit Marks.
You accept that you cannot and will not remove, obscure or alter any proprietary rights notices including copyright and trademark notices that might be contained within the Services.
Unless you have been authorized through writing by DNAFit, you agree not to use any trademarks, trade names or logos of any company or organization through the Services in a way that is intended to cause confusion about such marks, names and logos.
For any Software that does not have a License Agreement, DNAFit grants you a personal, non-transferable right and license to use the code of its Software on one computer. You cannot allow a third party to copy, modify, or create a derivative work through reverse engineering, or attempt to discover any code or transfer any right in the Software unless it is permitted by law or unless you have been given written permission by DNAFit.
This license is allowed solely for allowing you to use and enjoy the Services provided by DNAFit as allowed by the TOS. Unless DNAFit has given you specific written permission, you cannot assign your rights to use the Software, grant a security interest over the Software or transfer any part of your rights to use the Software. You agree not to modify the Software in any way or form or use modified versions of the Software, including for obtaining prohibited access to the Service. You agree not to access the Service through other means except through the interface provided by DNAFit. Any rights that are not granted here are reserved.
YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT:
WITHIN THE LIMITS ALLOWED BY LAW, YOU EXPLICITLY UNDERSTAND AND ACCEPT THAT DNAFit SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER LOSSES (EVEN IF DNAFit HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM:
Notices can be provided to you through email or regular mail. DNAFit might also give notices of changes to its TOS or other matters by sending notices or links to notices to you or through the Services. Official notices relating to this TOS must be sent to:
In addition, DNAFit accepts service of process at this address. Any notices that you provide without compliance with what is seen in this section will have no legal effect.
CHANGES TO THE TERMS OF SERVICE
DNAFit can make changes to the TOS from time to time. When these changes are made, DNAFit will make a new TOS copy that will be available on Our Site. Any updated terms will be available from or through the Services.
You understand and accept that if you use the Service after the date the TOS was changed, DNAFit will treat your use as an agreement of the updated TOS.
VIOLATION OR SUSPECTED VIOLATION OF TERMS OF SERVICE
If you violate any of the TOS terms and/or DNAFit has suspicions that you violated the terms of these TOS, DNAFit has the right to suspend or terminate your account and refuse future or current use of the Services.
Amendments - We hold the right to modify or replace the TOS, which are effective as they are posted at www. DNAFit.com or as notified otherwise. If you disagree with any changes, you may terminate this Agreement at any time as stated in Section 18 (Termination).
Assignment - You shall not assign any rights or obligations under this Agreement. Any assignment and delegation shall be deemed ineffective. We can assign or delegate all rights and obligations under the Agreement without notice to you. We can also substitute (upon notice to you) DNAFit for any third party that will assume our rights and obligations under this Agreement.