Terms and Conditions

Introduction: 

DNApal.me Ltd. (DNApal) is registered at The 1929 Building, Merton Abbey Mills, 18 Watermill Way, London, UK, SW19 2RD. UK Company Registration Number: 12055354

To use any DNApal service, you must first agree to the following Terms & Conditions (T&Cs). This affects your rights and obligations and is a legal contract. By using any DNApal service you are indicating that you have read, acknowledge, and agree to the below policies, terms, and conditions set forth in their entirety without limitation or qualification. If you do not agree to these T&Cs, please do not use any DNApal service. 

1. Our Product

DNApal is primarily a mobile application, including all of its features and content (this “Application”) and is provided and made available by DNApal.me Ltd. and all content, information and Services provided on or through this Application (“Content”) may be used solely under the following T&Cs.

2. Definitions

a) “Genetic Information” means genetic and biological health information, including information regarding your genetic profile generated by third parties and shared with Application. This information is used solely by DNApal for the purpose of generating appropriate health information based on scientific evidence and for no other purpose. We do not store or sell any Genetic Information.  

b) “Personal Information” means information that is about you as an identifiable individual, such as personal health information or other personal information as defined by applicable laws and regulations (as amended or replaced from time to time) protecting the privacy of Personal Information in the jurisdictions in which we operate and which you reside. 

c) “Services” means DNApal’s products, software, services, mobile application, DNA testing, reporting, recommendations and consultations with our expert teams, and website (including text, graphics, images, and other material and information) as accessed by you from time to time.

d) “User” means you, the person making use of our Service and whose information we process as a result. 

3. Acceptance of terms

Your use of DNApal’s Services is subject to the terms defined in these T&Cs which apply to any use of DNApal’s Services, including:

a) Submitting a saliva sample for DNA extraction and analysis;

b) Registering with and using DNApal for the purposes of interpreting existing Genetic Information from a third party; and/or

b) Providing a digital version of your Genetic Information and receiving the interpretation of the analysed data and information on Our Application.

4. Description of service

a) This Service includes access to DNApal’s health, nutritional and wellbeing information and recommendations based on our analysis of your Genetic Information and other Personal Information you provide to us based on a saliva sample or the electronic transmission of your Genetic Information from a third party. Unless explicitly stated otherwise, each new feature that supplements or enhances the current Service shall be subject to these T&Cs. You acknowledge and agree that the Service, Application and Content is provided “AS-IS”, and is based on the current genetic research and technology in use by DNApal at the time of your use of the Service. As research progresses in the future and scientific knowledge and technology evolve, DNApal will be constantly innovating in order to provide the best possible experience for you and its users. 

b) When using any Service offered by DNApal, you shall be subject to any guidelines or rules applicable to such Service that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these T&Cs. DNApal also may offer or recommend other programs and services from time to time that are governed by different agreements or T&Cs.

c) You acknowledge and agree that the form and nature of the Service which DNApal provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that DNApal may stop (permanently or temporarily) providing some of the Service (or any features within the Service) to you or to users generally at DNApal’s sole discretion, without prior notice to you.

d) As a user of this Application and the Service you are granted a non-exclusive, non-transferable, revocable, limited licence to access and use this Application and Content in accordance with these T&Cs. Any Content on this Application, and the Application itself, may only be reproduced, distributed, translated, made available, published, distributed, or communicated to the public by telecommunication for personal and non-commercial purposes. DNApal may terminate this licence at any time for any reason.

e) You have the right to stop using our Services at any time without any need to notify us unless you request for us to close and delete your account. 

f) OUR SERVICE, APPLICATION AND CONTENT ARE FOR INFORMATIONAL AND MOTIVATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE AND SHOULD NOT BE RELIED UPON AS SUCH. DNApal is not a regulated health services provider and does not assume any fiduciary or similar obligations to you as a result of you using the Service. DNApal is not a trustee of your Genetic Information or other Personal Information. The Service and the Content is not intended to be used by you for any diagnostic purposes and is not a substitute for professional medical advice and you should seek the advice of your physician or other health care provider with any questions you may have regarding the Content and Service.

g) Although DNApal makes every effort to ensure that the Application and Content are accurate, complete, and up-to-date, DNApal does not provide any warranty, express or implied, of the accuracy or completeness of any of the Content. DNApal shall not be liable in any manner or to any extent for any direct, indirect, special, incidental, or consequential damages, losses or expenses arising out of the use of the Application or the Service. Your use of the Service, Application, Content or materials linked from this Application is at your own risk.

h) We receive from your DNA test, a selection genetic variants specifically associated with health and wellness traits. The scientific community is still learning about genetics, and one of our goals is to contribute to this research. Additionally, the effect of genetic variants may differ in different ethnic groups, or are not considered in specific genetic studies. Similarly, scientific studies are sometimes focused solely on one gender. We endeavour to select and report the most well-researched genetic variants backed up by robust and diverse studies but these are not always available. Future genetic studies may change how specific genetic variants and their effects are reported by DNApal. 

i) While every effort is made by our team of genetic and nutrition experts to report and give effective, accurate advice and recommendations based on current research, DNApal does not guarantee the effectiveness of any specific course of action, procedures, opinions, or other information given on Our Site and Application. 

j) Our Service is initially only available in the UK. For users outside the UK, please contact us directly to see if we are able to offer our Services in your country. 

k) Samples must be returned to us within 6 months from the original order date. Samples received after this time will not be processed. You will need to order another kit. 

5. Limitations on use

a) The Content on this Application is for your personal use only and not for commercial exploitation. To the extent this Application provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorised to make purchases on behalf of such group. 

b) You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sub-licence, or create derivative works from this Application, the Content or Service. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Application or the Content without DNApal’s prior written permission. You may not use this Application to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial purposes all or any portion of this Application or the Service, except to the extent permitted above. You may not use or otherwise export or re-export this Application or any portion thereof, or the Content. Any unauthorised use of this Application or its Content is prohibited.

c) You agree not to use the Service to:

i) upload, post or share any material that is obscene, offensive, or that is discriminatory based on race, colour, origin, sexual orientation, gender, age pr other status;

ii) impersonate another person

iii) add your own text or manipulate identifiers to disguise the origin of any content that is shared through our Service

iv) upload, post or share any content that cannot be transmitted under any law;

v) use information that you receive through the Service to identify or contact other customers (except when using features designed to connect users)

vi) advertise, buy or sell any goods or services, unless DNApal allows you specifically to do so

vii) upload, post or share any information that contains viruses or any other codes, files or programs used to destroy or limit the functionality of a computer or hardware equipment;

viii) use software, devices or services to interact with the Services or DNApal’s servers unless explicitly permitted by DNApal;

ix) engage in “framing” or simulating the function of Our Site;

x) override, or attempt to override, security components in DNApal’s web services;

xi) interfere or disrupt the Services, networks, or Users that are connected to the Services, or disobey any requirements, policies, or regulations of networks that are connected to the Service;

xii) violate the Terms of Service, codes of conducts, or any other applicable guidelines that apply to the area of Service or have been communicated to you by anyone from DNApal; or

xiii) violate any municipal, provincial, national or international law, or any regulations within the law.

6. Registration and User Account

a) This Application requires you to register an account with us. You agree to provide accurate and complete registration information. It is your responsibility to inform us of any changes to that information. 

b) You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account. If you allow third parties to access the Application through your username and password, you will defend and indemnify DNApal and its affiliates against any liability, costs, or damages, including legal 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 DNApal of any unauthorised use of your password or account or any other breach of security. DNApal cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

c) If you believe there has been unauthorised use of your account, you must notify us immediately by emailing: hello@dnapal.me.

7. Linked Sites and Third Party Communications

a) Any links provided on this Application to third party websites are provided solely for your convenience. The operation and content of such third party websites is beyond DNApal’s control. DNApal does not endorse in any manner whatsoever or accept any responsibility for the content or other material that may be contained on such websites, the use of such websites, or any products or services advertised on or sold through any such website. 

b) DNApal disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. DNApal assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. 

8. Intellectual property rights

a) Except as expressly provided in these T&Cs, nothing in these T&Cs shall be interpreted as conferring on you or any third party any licence or right, by implication or otherwise, under any law (whether common law or statutory law), rule or regulation, including those related to copyright or other intellectual property rights. You agree that the Content, the Application, and any and all other materials published or otherwise accessible through the Application are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. 

b) You represent and warrant that any material submitted to or posted on this Application: (i) are your original works or that the owner of such works has expressly granted to DNApal a perpetual worldwide royalty-free, irrevocable, non-exclusive licence for said works with all of the rights granted by you in section 8.2 of these Terms of Use; (ii) do not violate and will not violate the rights of any third party including any right of publicity, right of privacy, copyright, patent or other intellectual property right or any other proprietary right; and (iii) that you have obtained any and all consents required pursuant to any applicable privacy legislation to submit any Personal Information about another individual or third party to us.

9. Risks, Considerations and Prerequisites

a) Users who provide Genetic Information must be at least 18 years of age, and lawfully able to use the Service under their country of jurisdiction. 

b) Limitations of Genetic Information. Genetic Information is subject to significant limitations, information provided by DNApal, our employees, and others appearing on Our Site at your own risk.

c) We analyse only a small, selection of genetic information from your saliva sample. The Genetic Information we analyse is specifically associated with health and wellbeing traits and is only one aspect of an individual’s entire health, wellbeing and fitness outlook and should not be assumed to be conclusive. 

d) Sharing Genetic Information: sharing your Genetic Information with companies, family, friends or employers should be done with caution. While it may have limited meaning today, there may be greater consequences in the future. Genetic information shared with a healthcare provider may become part of your medical records and could potentially be accessed by third-party health care providers and / or health insurance companies. 

10. Privacy statement 

a) In order to use the Service and the Application, you must first agree to our Privacy Policy. You may not use the Service if you do not accept the Privacy Statement. You acknowledge and agree to the Privacy Statement by using the Application. 

11. User representations and warranties

By using this Application and Service, you agree to, acknowledge, represent and warrant as follows:

i) you grant permission to DNApal, its contractors, successors and assignees to read and analyse genotype data acquired from your genetic test file and results, and you specifically request DNApal to provide health, nutritional and wellness information and recommendations  to you based on the results of analyses performed by DNApal;

ii) you are over 18; 

iii) you have provided true, accurate, current, and complete registration information about yourself as prompted by the Service, and will maintain and promptly update such information to keep it true, accurate, current and complete

iv) you are not a person barred from receiving the Service under the laws of the jurisdiction in which you are resident or from which you use the Service

v) you understand that the Content is not designed to independently diagnose, prevent, or treat any medical condition or to ascertain the state of your health in the absence of medical and clinical information and an express statement to that effect. You understand that the Service is intended for motivational, informational, and educational purposes only, and that, while DNAPal information might point to a certain course of action, any such course of action should always be confirmed and supplemented by the advice of a health care provider and medical and clinical testing and information. You acknowledge that DNApal urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from the Service, the Content, your Genetic Information or other Personal Information;

vi) any Genetic Information and other Personal Information provided by you or a third party is your Genetic Information or, if you are submitting Genetic Information and other Personal Information for another person, you represent and warrant that you have legal authorisation to do so and that the Genetic Information and other Personal Information is of that other person;

vii) any Genetic Information and other Personal Information (including results from analysis of such Personal Information) may be transferred and/or processed outside of your jurisdiction;

viii) you are not an insurance company or an employer attempting to obtain information about an insured person or a current or prospective employee;

ix) you acknowledge that personal genome testing, analysis and related research is a developing field, and while DNApal endeavours to remain current with the interpretation of DNA and genomics, the results of any genetic analysis may be incorrect, incomplete, misleading or inconclusive and DNApal will not be liable for any errors, omissions or mistakes made by your third party genetic testing provider;

x) you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use, which includes:

xi) using any information received through the Service to attempt to identify other customers, to contact other customers, or for any forensic use;

xii) causing harm to any third party;

xiii) attempting to or actually overriding any security component of the Service; and

xiv) violating the terms of these Terms of Use or any related agreement, applicable law, or any regulations having the force of law.

xv) In case of a breach of any one of these representations and warranties, DNApal has the right to suspend or terminate your subscription to the Service and refuse any and all current or future use of the Service (or any portion thereof), and you will defend and indemnify DNApal and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

12. Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT: 

1) YOUR SERVICE USE IS AT YOUR OWN RISK. THE SERVICES PROVIDED ON AN “AS-IS” BASIS. DNApal DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING THE MERCHANTABILITY WARRANTIES. 

2) DNApal MAKES NO WARRANTY THAT:

a) THE SERVICES WILL MEET YOUR REQUIREMENTS;

b) THE SERVICES WILL BE INTERRUPTED, COMPLETELY SECURE OR ERROR_FREE;

c) THE RESULTS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE AND RELIABLE;

d) THE QUALITY OF THE PRODUCTS, INFORMATION OR SERVICES OBTAINED THROUGH THE SERVICES AND ANY OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET ALL YOUR EXPECTATIONS; AND

e) ERRORS IN THE SOFTWARE WILL BE CORRECTED.

3) ANY MATERIAL THAT IS DOWNLOADED OR OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE ASSOCIATED WITH YOUR COMPUTER OR ANY LOSS OF DATA THAT MIGHT RESULTS FROM DATA DOWNLOAD. 

4.) NO ADVICE (ORAL OR WRITTEN) OBTAINED FROM DNApal OR THROUGH THE SERVICES SHOULD CREATE A WARRANTY THAT IS NOT EXPLICITLY EXPRESSED IN THE T&Cs.

5) YOU SHOULD ALWAYS BE CAUTIOUS WHEN GIVING ANY PERSONAL INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. DNApal DOES NOT CONTROL THIRD PARTIES TO WHOM YOU MAY DISCLOSE YOUR INFORMATION USING THE SERVICES. DNApal DISCLAIMS ANY LIABILITY ASSOCIATED WITH ANY ACTIONS THAT RESULT FROM YOUR PARTICIPATION IN THE SERVICES.

13. Liability Limitation 

WITHIN THE LIMITS ALLOWED BT LAW, YOU EXPLICITLY UNDERSTAND AND ACCEPT THAT DNApal SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING DAMAGES FOR LOSS OF PROFITS, USE< DATA OR OTHER LOSSES (EVEN IF DNApal HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM: 

a) THE USE OR INABILITY TO USE THE SERVICES;

b) ANY ACTION TAKEN BASED ON INFORMATION RECEIVED FROM THE SERVICES OR THROUGH THEM;

c) YOUR FAILURE TO KEEP YOUR ACCOUNT AND PASSWORDS CONFIDENTIAL AND SECURE;

d) THE COST OF PROCUREMENT RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES BOUGHT OR OBTAINED OR MESSAGES RECEIVED THROUGH OR FROM OUR SERVICES;

e) PROHIBITED ACCESS TO DATA OR ALTERATION OF YOUR DATA TRANSMISSIONS;

f) IMPROPER AUTHORISATION FOR THE SERVICES BY SOMEONE CLAIMING TO HAVE REQUISITE AUTHORITY; OR

g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.

 14. Indemnification

a) You agree to defend and hold DNApal, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of these T&Cs, or your violation of any rights of any other person.

15. No resale of service

Other than pursuant to the terms of these T&Cs, or unless otherwise agreed in a separate written agreement signed by both you and DNApal, you agree not to act as a reseller or distributor of the Service or to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.

16. MODIFICATION of service

a) DNApal reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice. You acknowledge and agree that DNApal shall not be liable to you or to any third party for any delay, modification, suspension, or discontinuance of the Service.

b) DNApal may offer different or additional technologies or features to collect and/or interpret Genetic Information in the future and that your initial use of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Genetic Information without paying any applicable fees.

17. Third party rights

a) The provisions of paragraphs 12 (Disclaimer), 13 (Liability Limitation), and 14 (Indemnification) are for the benefit of DNApal and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Application. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

18. Unlawful Activity

a) DNApal reserves the right to investigate complaints or reported violations of these T&Cs and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

19. Remedies for violations

a) DNApal reserves the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular internet address to this Application and any other DNApal websites, Application and/or their features. 

20. TERMINATION of service

a) Without limiting its other remedies, DNApal may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the licence granted under these Terms and the Service provided to you if, in DNApal’s absolute and sole discretion, you fail to comply with any terms or conditions of these Terms.

21. Additional terms

a) Entire Agreement. These Terms shall constitute the entire agreement between you and DNApal and supersedes all prior agreements and understandings oral or written relating to the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.

b) Force Majeure.  Any delay or failure to perform any provision of these Terms by DNApal as result of circumstances beyond its control (including, without limitation, war, strikes, flood, governmental restrictions, power, telecommunications or Internet failures, or damage to or destruction of any network facilities) shall not be deemed to be a breach of these T&Cs.

c) Severability of Provisions. These Terms incorporate by reference any notices contained on this Application, the Privacy Policy and, if applicable, the Posting Policy and constitute the entire agreement with respect to access to and use of this Application. If any provision of these Terms is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. 

d) Waiver. The failure of DNApal to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

e) Governing Laws and Jurisdiction. These Terms are governed by and construed in accordance with the laws of the United Kingdom and any action arising out of or relating to these Terms shall be filed only in the UK and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

f) Modification to Terms. DNApal reserves the right to change these Terms at any time. Updated versions of the Terms will appear on this Application and are effective immediately. You are responsible for regularly reviewing the Terms. Continued use of this Application after any such changes constitutes your consent to such changes. 

g) Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

h) Headings. Headings and section titles in these Terms are for convenience only and have no legal or contractual effect.

i) Assignment. You may not assign or delegate any rights or obligations under these Terms. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, DNApal for any third party that assumes our rights and obligations under these Terms.

22. Contact 

q) If you have any questions about the practices of this Application or DNApal.me Ltd., please contact us by mail at DNApal Ltd.The 1929 Building, Merton Abbey Mills, 18 Watermill Way, London, UK, SW19 2RD  or to hello@dnapal.me