Welcome to SelfDecode. Our goal at SelfDecode is to create an environment where you can learn about your genetic makeup, easily discover information relevant to your genetics and lifestyle, and connect with other people on the same journey. We aim to create tools that you can use to identify genetic variations of interest to you. We also aim to provide information that you can consider when thinking about how to respond to those variants of interest. For us to provide you with the Services described above we need to analyze files that contain data about your genetic variations. The information hidden in your genetic makeup is both extremely useful and personal.
“SelfDecode” means Decodify Me LLC, and/or its affiliates (“SelfDecode”, “we”, “us”, “Lab Test Analyzer”). We provide website content, functionality, and other products and services to you when you visit or make purchases at http://www.selfdecode.com (the “Site”) or remotely through any SelfDecode applications (collectively, the “Services”). “Service” or “Services” includes SelfDecode’s products, software, services, consultations, the mobile app 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 of if the use is in connection with an account or not.
SelfDecode provides the Services subject to the following terms and conditions.
By accessing or using the Site or Services, you agree to be bound and abide by these Terms of Service. Please read them with care.
By using the Services, you represent and warrant to us that you are (i) of legal age to form a binding contract with SelfDecode and agree to these Terms of Service, and (ii) are not barred under any applicable laws from doing so or from receiving Services in the jurisdiction where you reside or where you use them. You must be 18 years or older to create a SelfDecode account or purchase a SelfDecode Product (see below). If you do not meet these requirements, you must not access or use the Services.
The Services include the following features and functions related to genetic interpretation:
a. Uploading a Genotype File.
b. SelfDecode Platform.
c. SelfDecode Account.
SelfDecode Services include, but are not limited to, utilities (tools within the website that perform specific functions relating to processing your genetic and lab test data and presenting results) for interpreting your Genetic Information. These are not guaranteed to be accurate and may be discontinued at any time. Services also include a community platform for forum-based discussion where you can share information related to the findings we made based on your Genetic Information. This community platform may be canceled at any time.
Services are offered to you via a subscription membership with either a yearly, monthly, or one-time fee determined by the subscription package you choose. Subscriptions cannot be placed on hold. We provide a free trial and demo version for those who wish to try the site before purchasing or uploading their Genotype File. Please see the Renewals, Cancellations, and Refund Policy below for more information.
Once your sample is received by SelfDecode, DNA extraction, sequencing, and data analysis are performed to provide non-diagnostic reporting and recommendations. At its discretion, SelfDecode may use third-party laboratories to perform DNA extraction, sequencing, and data analysis. Your sample collection kit may be SelfDecode-branded even when such a third party will be doing DNA extraction, sequencing, or data analysis. By returning a sample kit, you acknowledge and agree that SelfDecode may provide the sample to such third parties for DNA extraction, sequencing, or data analysis.
SelfDecode and its affiliates may not be able to process your sample if your sample does not contain a sufficient amount of DNA or is contaminated. If this occurs, SelfDecode will notify you and ask you to provide a new sample.
We may revise and update these Terms of Service and post the updated Terms of Service on the Site. All changes are effective immediately when we post them, and they apply to all access to and use of the Services from that point onward. If you use the Services after we post revised Terms of Service, you acknowledge and agree to the revised Terms of Service.
We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the Services or any portion are unavailable at any time or for any period.
To purchase a SelfDecode Product, you must also provide the following:
You must obtain Internet access to use the Services. You are responsible for (i) any Internet access fees and providing your own equipment for Internet access, and (ii) ensuring that all persons who access the Services through your internet connection or on your behalf are aware of these Terms of Service and comply with them.
When you create a SelfDecode Account, you must choose a password and treat your password as confidential. You agree not to let someone else access the Services using your username, password, or other security information. You agree to let us know immediately of any unauthorized account access or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. When accessing your account from a public or shared computer, you should use particular caution so that others are not able to view or record your password or your other information. SelfDecode is not liable for any loss or damage that results from your failure to comply with these obligations. You authorize SelfDecode to authenticate your identity when accessing the Services. This may include asking you for your date of birth and other information that will allow SelfDecode to reasonably verify your identity.
You must provide a valid credit card number or a web-based payment account when you order a SelfDecode product or service. You represent and warrant that you are authorized to use such a credit card or web-based payment account, and you agree to pay all charges incurred using your account. You agree that we may pass your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the services ordered by you. All charges are exclusive of sales and other taxes, and you are responsible for payment of any applicable taxes (other than taxes on SelfDecode income). We reserve the right to accept or reject orders for any reason. Price and availability of any service are subject to change without notice (unless you have purchased an ongoing subscription to a SelfDecode product or service, in which case the subscription price paid by you for such service shall apply during the term of such subscription).
If we believe that you have violated these Terms of Service, we have the right at any time to disable or terminate access to your account.
To upload your genotype file for use with the SelfDecode Platform, you must have a genotype file from previous sequencing through a third party. When you upload your genotype file, you agree to the following:
The SelfDecode Platform provides a venue for you to receive personalized information or purchase SelfDecode Products based on your Genetic Information.
You agree to pay for all SelfDecode Products you purchase, including any taxes and fees that apply. Prices listed in the SelfDecode Platform may change at any time. We do not provide price protections or refunds on previous purchases in the event of a SelfDecode Product price reduction or promotion.
SelfDecode does not submit or process insurance paperwork or claims for the Services. We do not expect the Services to be covered by any health insurance policy nor guarantee that the fees charged for any Service will be reimbursed by any insurance provider.
By registering for an account with us, you will receive rights and privileges that are personal and non-transferable. All sales and payments of fees (if any) will be in US Dollars. SelfDecode is not responsible for any currency conversion or transaction fees charged by your payment method service provider. We charge fees based on our sales agreement with you, whether that agreement is separately signed, or part of an online check-out process. We reserve the right to change prices for the Services at any time, but any such change will only apply to you when your then-current enrollment term is renewed. You are responsible for paying any and all applicable sales and use taxes for the purchase of the Services. We may suspend or terminate your account and/or access to our Services if your payment is late and/or your offered payment method (e.g., credit card or PayPal account) cannot be processed.
i. Automatic Renewals.
Subscriptions automatically renew to ensure an uninterrupted service. This means that once you become a subscribing member, your subscription will automatically renew based on the subscription you chose (e.g. annually, monthly, etc.) unless you cancel by following the instructions in this agreement.
UNLESS YOU NOTIFY US AT LEAST 30 CALENDAR DAYS PRIOR TO THE END OF THE CURRENT SUBSCRIPTION PERIOD THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. AUTO-RENEWED SUBSCRIPTIONS WILL NOT BE REFUNDED.
Please ensure that your billing information is correct to prevent your subscription from lapsing. If you discontinue an old Subscription plan no longer offered by stopping its renewal, or allowing it to expire, you are not guaranteed to be able to purchase it again at the same price in the future. Prices and terms for subscriptions may change at any time. The price and terms in place when you made your initial purchase or when your subscription last renewed will stay in effect for the duration of that subscription period, but new prices and terms may apply to renewals or new subscriptions. SelfDecode will give you reasonable notice of any change in price or terms before they go into effect. If you do not want to renew your subscription under these new prices or terms, you may cancel your subscription as described below.
In order to participate in the Program, your Membership Fee payments will be charged to your credit card on a recurring basis. You hereby agree to allow SelfDecode to securely store your credit / debit card information (the “Payment Method”). You authorize the Payment Method to be used automatically for your payment responsibilities to SelfDecode. If a credit card account is being used for a transaction, SelfDecode may obtain pre approval for an amount up to the amount of the payment. If you want to designate a different payment method or if there is a change in your Payment Method information, you can change the information with SelfDecode. This may temporarily delay your ability to make online payments while SelfDecode verifies the new payment information. You represent and warrant that: (1) any credit / debit card information you supply is true, correct and complete, (2) charges you incur will be honored by your credit/debit card company, (3) you will pay the charges incurred in the amounts posted, including any applicable taxes, and (4) you are authorized to make a purchase or other transaction with the relevant credit / debit card and information. You agree and authorize the Payment Method to be billed automatically in accordance with the Membership Fee Payment Schedule in an amount equal to the Membership Fee in effect for your Membership Term.
If SelfDecode is unable to secure funds from your debit / credit card(s) for any reason, including, but not limited to, insufficient funds in the debit / credit card or insufficient or inaccurate information provided by you when submitting electronic payment, SelfDecode may undertake further collection action, including application of penalty charges to the extent permitted by law.
ii. Subscription Cancellations and Refunds.
To cancel your subscription, in your SelfDecode account go to My Account > Manage Subscriptions > Cancel My Subscription.
SelfDecode values the satisfaction of its customers and offers a thirty (30) day money back guarantee. If you are not satisfied with your subscription, you may request a full refund by contacting Customer Support (email@example.com) within thirty (30) days of the initial purchase date of the subscription.
After the initial thirty (30) calendar days, subscriptions are not eligible for refund. Refunds will also be refused to subscribers who have uploaded their genotype to SelfDecode and have accessed the site. If you have questions about your refund eligibility and amount, please contact Customer Support (firstname.lastname@example.org)
All refunds will be reimbursed to the original payment method with which the purchase was made. Please allow a reasonable time for the refund to be credited to your account.
If you violate these Terms of Service, SelfDecode has the right to terminate your access to all or part of the Services.
Taxes and Fees: SelfDecode is not responsible for your failure to timely cancel your subscription renewal, nor for any credit card charges and fees you incur as a result of your failure to timely cancel a renewal. You will be responsible for all taxes and fees charged by other companies such as shipping, mobile carrier fees, data plan charges, overdraft fees, credit card fees, and foreign transaction fees.
DNA Testing Kits
i. Canceling Laboratory Processing.
You may cancel the laboratory processing of your DNA kit by contacting our Customer Support. When you contact Customer Support you will need to provide the barcode that was included in your DNA test kit. We recommend you store the code in a safe place. Your sample will get destroyed automatically one year after it was collected.
You cannot cancel the laboratory processing of your DNA kit after it has been received by the lab.
SelfDecode does not store your genetic data alongside any personal identification. If you choose to cancel your subscription you will have the opportunity to request a deletion of all your data at cancellation.
ii. Refund Eligibility.
DNA Kit purchases are not eligible for refunds.
iii. Replacement Testing Kits.
Should you require a replacement DNA testing kit, you may email Customer Support (email@example.com) and provide the same information that you provided when you ordered your DNA Kit. Replacement kits are $25 per kit (plus applicable shipping and handling).
DNA Kit + Health Insights Plan
i. Refund Eligibility.
The DNA Kit + Health Insights Plan is not eligible for refunds.
DNA Kit + Premium Insights Plan
i. Refund Eligibility.
The DNA Kit + Premium Insights Plan is not eligible for refunds.
SelfDecode Lab Shop
i. Cancellations & Refunds.
If a cancellation is requested within 7 days of the order being generated the refund is fully granted as long as it is within the same calendar month that the order was generated. If it is more than seven days and still inside the calendar month in which the order was generated, a $15 fee is applied and a partial refund is granted. If a cancellation is requested outside of the calendar month in which the order was generated a credit may be applied at the discretion of SelfDecode with a $15 fee applied.
From time to time, SelfDecode may offer gift codes, offer codes or other promotional codes to qualified customers through a variety of marketing activities and communications (collectively, “offer codes”). These offer codes are redeemable towards a purchase on www.selfdecode.com, subject to certain product exclusions or any other restrictions as may be determined and communicated by SelfDecode at its sole discretion. Only valid offer codes provided or promoted by SelfDecode will be honored at checkout. Codes that are supplied or promoted by third parties without SelfDecode’s authorization will not be considered valid. Offer codes may not be combined and customers are limited to the use of a single offer code per order. SelfDecode is not responsible for lost, stolen or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent, and no substitutions or credits are allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the purchased products or services is returned. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged, or expired, and where prohibited.
From time to time, SelfDecode may engage spokesperson, influencers, bloggers or other individuals or entities who have been compensated or incentivized to speak on behalf of the SelfDecode brand. When you receive an offer code from a third-party source, such as a television or radio show host, or a social media account, please note that such individuals or organizations may have been compensated by SelfDecode for their statements or representations.
All information contained on the Site is provided for information and pricing purposes only and is not intended to be a substitute for a physician’s consultation. Lab test services are offered for wellness monitoring purposes only. The tests listed in or on this website are NOT intended to diagnose, treat, or cure disease. SelfDecode gives no warranty that any lab test will prevent disease.
Individuals with medical conditions or any condition needing medical supervision assume full responsibility for obtaining professional medical assistance. You should consult a licensed and experienced health-care practitioner regarding any symptoms, abnormal health screens or medical conditions.
A lab test only constitutes a partial evaluation of an individual’s state of health and does not represent a diagnosis or recommendation. Each test, and its result, is provided for informational purposes only and is not a substitute for the care, medical advice or treatment provided by your physician; each test has benefits, risks, limitations, false positives and negatives and accuracy is not guaranteed; tests and test results are best interpreted in the context of your overall clinical evaluation with a physician.
If a home testing kit purchased from our Lab Shop requires replacement due to a lost kit, insufficient sample, or any other reason that is not the fault of SelfDecode, a $20 reshipping fee will apply. This fee covers the cost of processing and shipping the replacement kit to you. By purchasing a home testing kit from our Lab Shop, you agree to pay the reshipping fee if a replacement kit is required for any reason. Please note that this fee is non-refundable and must be paid before the replacement kit is shipped.
SelfDecode shall not be liable to you or anyone else for any loss or injury caused in whole or in part by procuring, compiling, interpreting, delivering, or reporting information through this site or lab tests.
SelfDecode does not claim ownership of any content that you personally create or submit as part of the Services, including without limitation photos, any comments in forums, status updates posted to your profile page, or other information that you submit (collectively, “User Content”). However, by submitting, posting, or displaying your personal content, you give SelfDecode, its affiliated companies, certain vendors, sub-licensees and successors a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works of your User Content.
You understand that we do not control, and are not responsible for, Feedback made available through the Site and that by using the Site, you may be exposed to Feedback that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. We expressly disclaim any liability for such Feedback. In that regard, you agree that you must evaluate, and bear all risks associated with, the use of any Feedback, that you may not rely on said Feedback, and that under no circumstances will we be liable in any way for any Feedback or for any loss or damage of any kind incurred as a result of your use of any Feedback posted, emailed or otherwise made available on the Site. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse, delete, or move any Feedback on the Site for any reason.
You understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by SelfDecode or its collaborators. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.
We think links are convenient, and we sometimes provide links and references on this Site to third-party websites or other types of providers. If you use these links, you will leave our Site and Services. We provide links as a matter of convenience and at the request of our Users. We do not have any control over third-party services, websites, and we are not responsible for any of the third-party websites (or the products, services of any kind, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party services and or websites linked to or referred from the Site, you do so entirely at your own risk.
Your correspondence or business dealings with/or participation in promotions of-information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
As a condition of your use of the Services you warrant that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore, you agree not to use the Services to:
You acknowledge and agree that you are solely responsible for (and that SelfDecode has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which SelfDecode may suffer) of any such breach. In case of breach of any one of these agreements SelfDecode 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 SelfDecode and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or SelfDecode has a reasonable ground to suspect that you have violated the terms of this Section, SelfDecode has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof).
The SelfDecode Platform describes each SelfDecode Product with information such as the science behind the product and the potential limitations of the product. This information is found on the details page for each product.
You may choose which interpretations you would like to receive based on these descriptions and your own judgment. SelfDecode may provide interpretations of your Genetic Information and is responsible for the content of SelfDecode Product(s), including the scientific basis of each product and the information each product provides. As part of our product review process, SelfDecode evaluates the scientific quality behind all SelfDecode Products on the SelfDecode Platform. We ask that you report any SelfDecode Product that you believe does not conform to quality standards or violate our SelfDecode Platform policies. You can report these issues to Customer Support (firstname.lastname@example.org).
Please do not include any protected health information or other sensitive information when you contact Customer Support. Note that inquiries sent through the Customer Success portal, or emails are not encrypted or secure. You may choose to send your questions or concerns about SelfDecode’s use or disclosure of protected health information to the following address instead:
13727 SW 152nd Street
Miami, FL 33177
You can retain copies of these communications for your records. You agree that all digital agreements, notices, disclosures, and other communications that we provide to you meet any legal requirement that such communications be in writing.
You are communicating with us electronically when you use any Service or send us emails and other communications from your desktop or mobile device. You agree to receive electronically all communications from us in connection with your SelfDecode Account or your use of our Services, which may include emails, texts, mobile push notices, or messages on the Site or through other Services.
You can retain copies of these communications for your records. You agree that all digital agreements, notices, disclosures, and other communications that we provide to you meet any legal requirement that such communications be in writing.
The contents of the Site and Services, including but not limited to all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Site and Services (collectively, “Material”) unless otherwise indicated, are owned, controlled, and/or licensed by SelfDecode or its licensors. Any rights granted herein are expressly licensed. SelfDecode does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Site or the Services (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Site or Services (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.
SelfDecode grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes, subject to these Terms of Service and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.
Except for your rights to SelfDecode Products you purchase, no other right, title or interest in or to the Services or any content on the Services is transferred to you. SelfDecode reserves all rights not expressly granted. If you provide SelfDecode with any suggestions, recommendations, or other feedback regarding the Services (“Feedback”), you agree that SelfDecode may freely use and exploit such Feedback in any way and for any purpose. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Our genes influence many traits in our lives. At SelfDecode, we believe in giving you access to your Genetic Information. This access can help you further your own self-discovery about your traits. But before you subscribe to our Services, you should be aware of what genetics can and cannot tell you.
SelfDecode is not engaged in the practice of medicine, and information learned through SelfDecode’s services is not intended for diagnostic or medical use:
SelfDecode’s genetic testing services are not intended to be interpreted by users for the purposes of making any decisions regarding parentage or diagnostic or treatment. The information you learn through our services does not constitute medical advice, and you should not change your health behaviors solely on the basis of the provided genetic information.
BY USING SELFDECODE’S GENETIC TESTING SERVICES, YOU AGREE THAT YOU WILL NOT USE ANY INFORMATION PROVIDED BY SELFDECODE’S SERVICE FOR DIAGNOSTIC OR HEALTH RELATED DECISION MAKING BEFORE SEEKING PROFESSIONAL ADVICE FROM A PHYSICIAN, GENETIC COUNSELOR, OR SIMILARLY QUALIFIED HEALTHCARE PROFESSIONAL REGARDING ANY HEALTHCARE DECISIONS BASED ON GENETIC TESTING RESULTS PROVIDED BY SELFDECODE.
Rather, SelfDecode’s services are for research, information, and educational use only. In short, much of the health-related information learned from the provided genetic testing results have not been clinically validated and the technology SelfDecode uses, although used in research, is not broadly used in healthcare settings. Clinical validity refers to how well a specific genetic variant is related to the presence, absence, or risk of a specific disease or condition.
In considering a purchase of the Services or any SelfDecode Product, you should be aware of certain risks and limitations of genetic interpretation. These include the following:
a. Genetics is an evolving field of study
b. Genetics cannot tell you everything about yourself
c. You may discover information that causes you distress
d. Revealing your Genetic Information may affect your privacy
e. Your Genetic Interpretation may have implications for your relatives
f. You may receive information about your health
PLEASE CALL YOUR DOCTOR OR 911 IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY.
SelfDecode makes its best efforts to provide accurate Genetic Interpretation and to offer SelfDecode Products of high quality. However, we do not warrant the accuracy, completeness, or usefulness of the Services.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SELFDECODE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) SELFDECODE MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SELFDECODE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. SELFDECODE DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, SELFDECODE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
You understand that we cannot and do not guarantee or warrant that content available for downloading from the Site or any links provided on the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient anti-virus protections to meet your needs. You are also responsible for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL SELFDECODE, THE SELFDECODE PARTNERS, SELFDECODE AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO SITE, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, 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, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SELFDECODE 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 SELFDECODE 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.
You also release, waive, discharge, and promise not to sue or bring any claim of any type against us for any loss, damage or injury relating in any way to the Services or any part thereof. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.
You agree to defend, indemnify, and hold harmless SelfDecode, its affiliates and licensors and their respective officers, directors, employees, contractors, consultants agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Service or your use of the Services, including, without limitation, any use of the content, services, and products of the Services other than as expressly authorized in these Terms of Service or your use of any information obtained from the Site.
The TOS will continue to apply until terminated by either you or SelfDecode as set out in this Section.
If you want to terminate your legal agreement with SelfDecode, you may do so by notifying SelfDecode at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to SelfDecode’s address, 13727 SW 152nd St #896, Miami FL 33177, or online via Customer Support. If you provide a notice online via email@example.com, SelfDecode will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.
No software, technology or other information from this platform may be downloaded or otherwise exported or re-exported to any person or entity in the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders or otherwise prohibited by United States export control laws. By downloading or otherwise using any software, technology or other information from this platform in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country.
If a dispute arises between you and SelfDecode, you agree to first contact SelfDecode’s Customer Support to seek a resolution. If our Customer Support (firstname.lastname@example.org) is not able to resolve the issue, then except for disputes relating to the infringement or other misuse of intellectual property rights:
If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as set forth in the Federal Rules of Civil Procedure Rule 11), then the AAA Rules will apply regarding payment of arbitration costs. The AAA Rules and fees are available online at www.adr.org or can be obtained by calling the AAA at 1-800-778-7879. You and SelfDecode both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You and SelfDecode agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. Further, unless both you and SelfDecode agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If this Section 20 is found to be unenforceable, then this Section 20 will be null and void. In such a case, you and SelfDecode agree that the exclusive jurisdiction and venue described in Section 23 will govern any action arising out of or related to these Terms of Service.
No waiver of these Terms of Service by SelfDecode shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of SelfDecode to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.
These Terms of Service and any dispute or claim arising out of, or related to, them or the Site, their subject matter or their formation (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with California law, without regard to its conflicts of laws principles and excluding the applicability of United Nations Convention for the International Sale of Goods. To the extent that any lawsuit or court proceeding is permitted hereunder, you and SelfDecode agree to exclusively litigate such disputes in the state courts located in Orange County and the federal courts located in San Francisco County, California, and both parties consent to venue and personal jurisdiction in California. You may not assign any of your rights in these Terms of Service, and any such attempt is void. SelfDecode may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Any claim you might have against SelfDecode must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these Terms and is hereby disclaimed. A printed version of these Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent as other documents and records originally generated and maintained in printed form. Please contact SelfDecode if you wish to receive a printed copy of these Terms.
SelfDecode and you are not legal partners or agents of one another. The relationship between you and SelfDecode is and shall be that of independent contractors and nothing in these Terms shall be construed or used to create or imply any relationship of partners, joint ventures, or employer and employee.
You may not assign or otherwise transfer these Terms or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without SelfDecode’s prior written consent. Any attempt of assignment, delegation, or transfer in violation of these Terms shall be void, of no effect, and a material breach of these Terms. Notwithstanding the foregoing, SelfDecode may assign these Terms in whole or in part. Moreover, SelfDecode may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under these Terms.
If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted in accordance with law, and no other terms will be modified. In the event any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of these Terms, the invalidity, voidness, or unenforceability shall affect neither the validity of these Terms nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. If we choose not to enforce any of these Terms, we are not waiving our rights.
If the performance of any part of these Terms by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, pandemic, public health crisis, judicial or governmental action, emergency, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
If you have any feedback, comments, requests for support, or other communications about the Services, you should contact SelfDecode’s Customer Support. You may contact Customer Support at email@example.com.
SelfDecode is a personalized health report service, which enables users to obtain detailed information and reports based on their genome. SelfDecode does not treat, diagnose or cure any conditions, but is for informational and educational purposes alone.
Testing not available to those under the age of 18, and to those in the states of NY, NJ, RI, and AZ.
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