Terms and Conditions
Last updated 10 November 2023.
Please read this carefully because it sets out the terms of a legally binding agreement between you and First Longevity Ltd.
For terms and conditions related to Longevity.Technology website
This page sets out the terms and conditions on which you may use www.Longevity.Technology and the content/services available on the website (which we call “Longevity.Technology Content”). We only make these terms and conditions available in the English language.
In these terms we use the term “Longevity.Technology” to refer to our website at Longevity.Technology and our other mobile and online digital apps and services.
Except where we state otherwise in Section 7, references in these terms and conditions to “Longevity.Technology Content” (or “we”, “us” or “our”) refer to the company operating Longevity.Technology. See Section 12 below for our corporate information.
These terms apply in different ways depending on what type of user you are, as follows:
Registered users and personal subscribers: These terms apply to your use of Longevity.Technology and all Longevity.Technology Content irrespective of the delivery platform or device you use to access it. By accessing Longevity.Technology you are agreeing to these terms and conditions. If you do not agree with the terms and conditions you should not use Longevity.Technology or any Longevity.Technology Content and should cancel any subscription in accordance with your cancellation rights (see Section 6 below). If you have any questions please contact email@example.com
We strongly recommend that you read these terms and conditions in their entirety.
Users with access under an organisation’s subscription agreement: Your continued access is primarily governed by the subscription agreement of the organisation through which you are able to use the Longevity.Technology website. Sections 4 to 6 below are not applicable to such users. The remaining terms and conditions apply to your use of the Longevity.Technology website or any Longevity.Technology Content. By accessing Longevity.Technology you are agreeing to these terms and conditions. If you do not agree with these terms and conditions, then you should not use Longevity.Technology or any Longevity.Technology Content.
All users: These terms and conditions replace all previous terms and conditions for Longevity.Technology. First Longevity Ltd may update these terms and conditions for legal or regulatory reasons, or to reflect changes in our services or business practices. We will provide notice of any significant changes in Section 14 below. You should regularly check Section 14 to see if any changes have been made. If you are a Longevity.Technology subscriber, any changes to our terms and conditions will become effective from the date of your next payment following the change unless we notify you otherwise. If you are not an Longevity.Technology subscriber, any changes will become effective as soon as we post them on Longevity.Technology.
We may in exceptional circumstances cease to publish Longevity.Technology, the Longevity.Technology Content or cease to provide subscription services. We will give you at least 30 days’ notice of this, if possible. If we do so, then we will have no further obligation to you, unless you are a personal subscriber in which case we will offer you a refund of the unexpired period of your paid subscription. See Section 5 for details.
2. Access and Use
Our ability to invest in high quality journalism depends on our users complying with this Section 2. Please read our Copyright Policy that summarises how you are allowed to use Longevity.Technology Content and provides guidance on the types of use we do not permit without the purchase of additional licences from the First Longevity Ltd. You agree that you will comply with our Copyright Policy.
Organisations that may be using Longevity.Technology Content without the appropriate permissions may approach us with a view to discussing the purchase of a licence to legitimise that use.
The amount and types of Longevity.Technology Content that you can view, and the platforms on which you can view Longevity.Technology Content, depend on what type of user you are and what type of subscription (if any) you have. We can vary the access rights of registered users who are not accessing through a paid subscription at any time at our discretion.
For further access, we offer various types of individual and corporate subscription: see Section 4 for details of individual subscriptions, and www.longevity.technology/subscribe for details of our corporate subscriptions. If you already have a subscription, details of your access rights can be found at YOUR ACCOUNT
On registration, you must provide First Longevity Ltd with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable Longevity.Technology registration or subscription pages. First Longevity Ltd is entitled to rely on any information you provide to us.
Each registration is for a single user only. On registration, you will choose a user name and password (“ID”). The email address that you provide on registration must correspond to a named email account and not a generic or shared email account. You are not allowed to share your ID or give access to Longevity.Technology Content through your ID to anyone else. First Longevity Ltd does not allow multiple users on a network or within an organization to use the same ID. First Longevity Ltd may cancel or suspend your access to Longevity.Technology if you share your ID without further obligation to you. You may not create additional registration or subscription accounts for the benefit of others or with the aim of avoiding our use of IDs to control access to and use of Longevity.Technology.
You are responsible for all use of Longevity.Technology made by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify First Longevity Ltd immediately by e-mailing us at firstname.lastname@example.org. We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.
If you provide First Longevity Ltd with an email address that will result in any messages First Longevity Ltd may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or colleague) then you promise that you are entitled to receive those messages. You also agree that First Longevity Ltd may stop sending messages to you without notifying you.
If you are a registered user of or subscriber to Longevity.Technology then you may choose to use Longevity.Technology’s “Remember me” log in feature that enables you to be logged in automatically to Longevity.Technology whenever you visit Longevity.Technology without having to manually log in each time. We recommend that you do not enable this feature on any computer that is or may be used by anyone other than you in order to prevent unauthorized access by third parties to both your subscription details and features of Longevity.Technology personal to you.
4. Personal Subscription Services
We offer subscription services through Longevity.Technology and recommend that you read these terms before purchasing a subscription.
First Longevity Ltd reserves the right to vary the amount of content and types of service that it makes available to different categories of user. If you are a Longevity.Technology subscriber, any significant reduction in the scope of your subscription will take effect only after we have given you at least 30 days’ notice, and will apply from the date of your next payment following that 30-day period. This does not apply where a type of content or service intended for Premium subscriptions is made available to Standard subscribers on an introductory, temporary or trial basis.
Contract formation: First Longevity Ltd will try to process your subscription promptly but does not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription. First Longevity Ltd reserves the right to reject any offer in its discretion, for any or no reason.
Payment details: when you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you.
Pricing: the subscription price will be made clear to you on our sign-up pages or otherwise during the sign-up process and may vary from time to time or by country. You agree to pay the fees at the rates notified to you at the time you purchase your subscription. For certain subscriptions you can take out either an annual or monthly (or other frequency we offer) subscription. Other subscription services may only require a one-off payment. The currency in which your subscription is payable will be specified during the order process, depending on the service and your country of residence. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.
Taxes: First Longevity Ltd is registered for VAT in the UK. Our UK VAT registration number is GB 360984767.
Unless otherwise indicated, prices stated on our website are inclusive of any applicable value added tax (VAT) or other sales taxes. The breakdown of any applicable VAT payable with your order is indicated on the invoice you will receive with your purchase.
Pricing errors: if we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your subscription and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.
Other costs: in addition to the subscription fee you are charged, certain banks and credit card issuers will charge a foreign transaction fee on transactions which take place abroad or in a foreign currency. The majority of payments for subscriptions we take by card are processed in the United Kingdom therefore please check with your bank or credit card issuer to find out if such charges will be applied to you; the First Longevity Ltd is not responsible for any such charges. You are also responsible for paying any internet connection or telecommunications charges that you may incur by accessing Longevity.Technology or using the services available on it. For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.
5. Renewal and Cancellation of Personal Subscriptions
Renewals: A monthly subscription to Longevity.Technology will start when we confirm your payment and will continue for a period of thirty days. When you purchase a monthly subscription, auto-renew is automatically selected in your Longevity.Technology subscription. At the end of the monthly subscription period, you will automatically be signed up and billed for an additional subscription term of 30 days at then-current pricing. An annual subscription to Longevity.Technology will start when we confirm your payment and will continue for a period of 365 days. When you purchase an annula subscription, auto-renew is automatically selected in your Longevity.Technology subscription. At the end of the annual subscription period, you will automatically be signed up and billed for an additional subscription term of 365 days at then-current pricing.
How to cancel: You may notify us of your wish to cancel by emailing us at email@example.com with the following: “I/We hereby give notice that I/we cancel my/our subscription”. Please then include:
- The subscribers full name (person on the billing information if different from the user)
- The Account email address or Account Number (Customer Reference Number)
- The billing address or delivery address (Including zip code/postcode)
- Your contact telephone number
Cancellations by us: First Longevity Ltd reserves the right to suspend or terminate your subscription if you breach these terms and conditions, with or without notice and without further obligation to you. We may also suspend or terminate your subscription if we are prevented from providing services to you by circumstances beyond our control. If we terminate your subscription for any reason and/or permanently cease publishing Longevity.Technology, the Longevity.Technology Content or cease to provide subscription services then, unless there are exceptional circumstances, we will provide you with a pro rata refund to your credit card. This means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.
Cancellation of your registration: If you are a registered user, but not a subscriber, then First Longevity Ltd reserves the right to suspend or terminate your registration at any time, with or without notice and without further obligation to you. If you would like to cancel your registration then please contact our customer services team at firstname.lastname@example.org
6. Who Your Personal Subscription Contract is with
If you buy a Longevity.Technology subscription your contract is with First Longevity Ltd
7. User Generated Content
When Longevity.Technology includes comments sections, blogs and other interactive features that allow interaction between users and between users and First Longevity Ltd journalists (we call these “Forums”). We call the information posted to these Forums by users “User Generated Content” or “UGC”.
If you wish to view or participate in a Forum then you will retain ownership of the copyright in any of your UGC that you or we publish on Longevity.Technology so you are free to re-use it as you wish. You agree that if you post UGC to a Forum then you are granting First Longevity Ltd a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit that UGC in whole or in part as we see fit, whether on Longevity.Technology or otherwise, without any requirement to pay you for this and with or without attribution to you. This means that you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence to use any UGC you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have in regard to the UGC.
You are responsible for all the content of any of your UGC that you or we publish. You are financially responsible to us for any claim against us by any third party that your UGC is not in accordance with the bullet points below or that otherwise relates to your UGC.
You agree that you will:
- only publish UGC that is your original content and will not infringe the copyright or other rights of any third party when publishing UGC.
- not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication.
- not post, link to or otherwise publish any UGC with recommendations to buy or not buy a particular share or other investment or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any share or other investment.
- not post, link to or otherwise publish any UGC that is threatening, offensive, libellous, indecent or otherwise unlawful.
- not post comments that are discriminatory in nature, for example, comments which make attacks on the grounds of race, religion, sex, gender, sexual orientation, disability or age.
- respectfully challenge different points of view but not personally attack other commentators.
- not disguise the origin of any UGC and not impersonate any person or entity (including First Longevity Ltd employees or Forum guests or hosts) or misrepresent any connection with any person or entity.
- not post or otherwise publish any UGC unrelated to the Forum or the Forum’s topic.
- not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of Longevity.Technology or any computer software or equipment.
- not collect or store other users’ personal data.
- not restrict or inhibit any other user from using the Forums.
The Forums contain UGC submitted by users over whom First Longevity Ltd has no control so we cannot therefore guarantee the accuracy, integrity or quality of any UGC. Some users may not behave properly and may post UGC that is misleading, untrue or offensive.
It is not possible for First Longevity Ltd to fully monitor all UGC published on Longevity.Technology but where we have actually received notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then we will review that UGC, decide whether to remove it from Longevity.Technology and act accordingly. This may include banning a user from participation in UGC on Longevity.Technology.
Our moderation and community team may contact you from time to time regarding your comments. Comments, including those made under a pseudonym, can be linked to your Longevity.Technology account by First Longevity Ltd.
8. Third Party Sites and Services
Longevity.Technology may contain links to other Internet websites or online and mobile services provided by independent third parties, including websites of our advertisers and sponsors (what we call “Third Party Sites”), either directly or through frames. Third Party Sites may be co-branded with First Longevity Ltd and so include First Longevity Ltd’s trade marks.
Longevity.Technology contains advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Longevity.Technology complies with international and national law. First Longevity Ltd is not responsible for any error or inaccuracy in advertising or sponsorship material.
Copyright in any software that is made available for download from Longevity.Technology belongs to First Longevity Ltd or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with the software. Do not install or use any of this software unless you agree to such licence agreement. First Longevity Ltd is not responsible for any technical or other issues that may happen if you download third party software.
9. Our Responsibilities To You
A summary of what this section means: this section is important and you should read it carefully. It makes clear to what extent, if any, First Longevity Ltd accepts responsibility (liability) to you for your use of Longevity.Technology or the Longevity.Technology Content or in respect of any third party products or services that we refer to or link to on Longevity.Technology.
In no circumstances do we accept responsibility for your use of Third Party Sites or in respect of any Third Party Products. By Third Party Sites we mean websites, online or mobile services provided by third parties, including websites of advertisers and sponsors that may appear on Longevity.Technology. By Third Party Products we mean products or services provided by third parties.
Although this means that we accept no financial responsibility for your use of Longevity.Technology and the Longevity.Technology Content.
Limitations of Longevity.Technology Content:
The Longevity.Technology Content (including any information we publish regarding Third Party Products) is only for your general information and entertainment purposes and is not intended to address your particular requirements. In particular, the Longevity.Technology Content, including UGC and any other content provided by third parties (including interviewees and company spokespeople) and and distributed by Longevity.Technology, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by First Longevity Ltd. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser.
Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) Longevity.Technology are at your own responsibility and entered into at your own risk. Any information that you receive via Longevity.Technology, whether or not it is classified as ‘real time’, may have stopped being current by the time it reaches you. Share price information may be rounded up/down and therefore may not be entirely accurate.
What we promise:
First Longevity Ltd promises to develop and operate Longevity.Technology with reasonable skill and care and will use reasonable efforts to promptly remedy any faults of which it is aware.
What we do not promise:
First Longevity Ltd does not provide any other promises or warranties about Longevity.Technology and the Longevity.Technology Content. Longevity.Technology and the Longevity.Technology Content are provided on an “as is” and “as available” basis. This means that First Longevity Ltd does not make any promises in respect of Longevity.Technology or the services and functions available on or through Longevity.Technology or of the quality, completeness or accuracy of the information published on or linked to from Longevity.Technology other than as expressly stated above.
The above disclaimers apply equally to your use of Longevity.Technology and all Longevity.Technology Content. Without limiting the above, First Longevity Ltd is not liable for matters beyond its reasonable control. First Longevity Ltd does not control third party communications networks (including your internet service provider), the internet, acts of god or the acts of third parties.
Our financial responsibility to you:
You agree that if we are in breach of these terms and conditions, First Longevity Ltd will only be financially liable to you to the maximum amount that is due to you for reimbursement of your Longevity.Technology subscription to the end of your monthly or annual subscription. Your particular attention is drawn to these specific terms:
- If you incur any loss as a result of using Longevity.Technology or any Longevity.Technology Content First Longevity Ltd accepts no responsibility (liability) to you for this.
- You will be responsible for all claims, liabilities, damages, cost and expenses suffered or incurred as a result of your breach of these terms and conditions.
- First Longevity Ltd will not be responsible to you for any loss or damage suffered by your business, such as lost data, lost profits or any business interruption.
- If you have a personal subscription then you may terminate your subscription immediately in writing to First Longevity Ltd if Longevity.Technology is unavailable or inaccessible to you for either (a) more than 3 consecutive days during your subscription; or (b) more than 5 days in a 30 day period, as a result of the fault or failure of First Longevity Ltd, in which case we will refund you any amount that you have paid to us in advance that relates to any period which was still to run on your subscription. You may instead at your option receive a renewal to your subscription free-of-charge at the point of renewal.
The limitations of liability in this section 9 apply for the benefit of First Longevity Ltd, its affiliates, including those listed in section 6 and all of their respective officers, directors, employees, agents or any company who we transfer our rights and obligations to in accordance with these terms and conditions.
To the full extent permitted by law you acknowledge and agree that our third party content and data suppliers have no liability whatsoever to you in respect of any of their data supplied to you as part of the Longevity.Technology Content.
First Longevity Ltd’s liability will not be limited in the case of death or personal injury directly caused by First Longevity Ltd’s negligence in those countries where it is unlawful for First Longevity Ltd to seek to exclude such liability.
10. Choice of Law and Jurisdiction
These terms and conditions are subject to English law, both you and we agree that the courts of England will (subject to the final paragraph in this Section 10) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
You may not license or transfer any of your rights under these terms and conditions. We may transfer any of our rights or obligations under these terms and conditions to any company within or without the First Longevity Ltd group of companies but if we do so we will endeavour to ensure that any company to whom we transfer our rights or obligations will continue to honour your rights under them.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
These terms and conditions constitute the entire agreement between you and the First Longevity Ltd relating to your use of the Longevity.Technology website, First Longevity Ltd’s mobile and other online services, First Longevity Ltd newspaper and the Content. They supersede all previous communications, representations and arrangements, either written or oral.
12. Content ownership
All Longevity.Technology Content belongs to First Longevity Ltd or its licensors who own all intellectual property rights (including copyright and database rights) in the Longevity.Technology Content and any selection or arrangement of the Longevity.Technology Content. No intellectual property rights in any Longevity.Technology Content are transferred to you. ”First Longevity Ltd” and ”Longevity.Technology” are trade marks and you may not use them without written permission from First Longevity Ltd.
13. Corporate Information
First Longevity Ltd is the publisher of the Longevity.Technology website, and its corporate details are as follows: registered office address is 2 Chawley Park, Cumnor Hill, Oxford, Oxfordshire, England, OX2 9GG; registered in England No: 12345643.; VAT number GB 360 9847 67; and Data Protection Registration Number is ZA937255.
14. Changes to Terms and Conditions
These terms and conditions were published on 10 March 2021 and replace with immediate effect the terms and conditions previously published.
For terms and conditions related to System App
1. ACCEPTANCE OF APPLICATION TERMS
Your use of our Application (excluding any services provided by us under a separate agreement) is subject to the terms set forth in these Terms and Conditions (“TAC”). Except as specified herein, these TAC apply to any use of the Application and Services contained within the Application, including but not limited to:
a) submitting a saliva sample for DNA extraction and/ or epigenetic tracking and processing,
b) uploading a digital version of your Genetic Information and interacting with it on the Application, and/or
c) creating and using either a free or subscription based account without providing your saliva sample or Genetic Information (where applicable).
In order to use the Services, you must first agree to the TAC. You may not use the Services if you do not accept the TAC. You can accept the TAC by (1) clicking to accept or agree to the TAC, where this option is made available to you during the application sign up process; or by (2) actually using the Services. In this case, you acknowledge and agree we will treat your use of the Services as acceptance of the TAC from that point onwards. We may also offer other services from time to time that are governed by different terms of service.
Whether you submit your own saliva sample, a saliva sample for anyone for whom you have legal authority to agree, or otherwise provide your own Genetic Information, you may not use the Services and may not accept the TAC if (1) you are not of legal age to form a binding contract with us, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident.
In addition to the conditions above, if you contribute or otherwise provide your own Genetic Information, you must be eighteen (18) years of age or older to agree to these TAC on behalf of yourself or those for whom you have legal authority to agree.
If your use of the Services includes creating an account without submitting a saliva sample or providing Genetic Information, you must be thirteen (13) years of age or older to use the Services and accept the TAC.
3. DESCRIPTION OF THE SERVICES
The Services include the following features and functions available in the Application related to genetic testing, analysis and interpretation and subscription based services:
Genomic Sequencing. Our genomic sequencing is provided by Muhdo Health Ltd, a UK registered company with the office address: Columba House, Adastral Park, Martlesham, Suffolk, IP5 3RE (Muhdo). Muhdo collects, analyses and stores the data that make up the part of your DNA code of your genes and your epigenetic markers influencing your genetical expression (“Genomic Sequencing”). Muhdo obtains this data from the saliva sample that you provide. The data that result from your Genomic Sequencing, and any interpretation of that data, are your “Genetic Information”.
- Application. Our Application, where you may obtain Genomic Sequencing, receive insights and recommendations about you based on your Genetic Information (“Insights and advice”) has been developed by Muhdo. Muhdo host and maintain our Application and store both your Personal and Genetic Information
- Application Account. We provides you access to your account through our Application. Your account allows you to manage your Genetic Information, the DNA and epigenetic Products you purchase together with other subscription based services and other account settings.
4. CHANGES TO THESE TERMS OF SERVICE AND THE SERVICES
We may revise and update these Terms of Service and post the updated Terms of Service on our website. 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. The version available online of these Terms & Conditions shall be seen as the most recent version.
5. REGISTERING FOR AND ACCESSING THE APPLICATION SERVICES
To access Genomic Sequencing, you must create a full Account. To establish a full Account, you must provide certain information that we request in the Application. This information includes:
- your name and email address;
- your height and weight;
- your mobile phone number;
- your date of birth; and
- information we need for quality control in sequencing, such as your sex at birth.
To purchase a DNA and epigenetic Product, you must provide the following:
- your billing and mailing address and phone number; and
- your credit card or other requested billing information.
6. REQUESTING GENOMIC SEQUENCING SERVICES
To have your DNA sequenced and/ or your gene expression analysed for use with our Application, you must receive and use a testing kit for the collection of your saliva sample (“Kit”). When you return your saliva sample using a Kit, you agree to the following:
- You are submitting your own saliva sample and not the sample of another person.
- You are 18 years of age or older.
- You allow Muhdo to perform Genomic Sequencing on any saliva sample you submit. If any of your saliva sample(s) or extracted DNA is left over after sequencing is completed, Muhdo will store it for 3 months before it is destroyed. Muhdo may also store it for quality control and optimization in its lab, including occasionally updating your Genetic Information to reflect quality improvements and advances in Genomic Sequencing.
- You understand that health-related interpretations are for information purposes only and not intended to diagnose or treat diseases. You should consult a physician, genetic counsellor or qualified health professional before acting on any interpretation.
Retesting Policy. It may not be possible to process your saliva sample on our first attempt, which may be either due to an issue with the submitted sample or with the laboratory process. If this is the case, and if enough of your sample is left over, Muhdo may attempt to process your sample again at no charge. If Muhdo are still unable to process your sample, we will send you a second Kit at no charge to collect a replacement sample. However, if Muhdo are unable to process your sample because of your violation of these Terms of Service, a fee may apply to receive a replacement Kit. If your second sample cannot be processed, you may contact us for more options.
8. PAYMENT TERMS
We offer one off purchases together with a range of subscription plans to our Services (each, a “Plan”). Each Plan includes specific features and offers outlined within our in-app and online shop. You may select a Plan as part of your purchase within our in-app shop. You agree to pay the recurring payments for the total amount of time. Changes to the subscription or changes to the account are generally not possible and have to be decided on and approved by us on a case to case basis. It is at our discretion to make changes to this model at any time and for any reason. At the end of this subscription period, your Plan will automatically renew for a subscription period equal to your prior subscription period unless you provide us with email notice (sent to email@example.com) of your intent not to renew your Plan at least 30 days prior to the end of the current subscription period. To get further information on the specific details of your Plan, including pricing information and the end of your subscription period, please contact us at firstname.lastname@example.org. We may change the fees of the Services at any time or impose additional fees or charges. While we do not intend to force you to pay a fee for an ongoing service higher than the one you agreed to upon purchase, we are also not obliged to lower your current fee in the event of a price drop of our Services. Changes regarding fees payable have to be decided on and approved by us on a case to case basis.
9. RISKS AND CONSIDERATIONS REGARDING APPLICATION SERVICES
Once you obtain your Genetic Information, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you in the Application, whether now or as genetic research advances, will be welcome or positive. You should also understand that as research advances, in order for you to assess the meaning of your DNA in the context of such advances, you may need to obtain further services from your physician, a genetic counsellor, or other health care provider. We encourage you to talk to a genetic counsellor, a health professional with special training in genetic conditions, prior to collecting your sample for testing to learn more so you can make an informed decision about whether testing is right for you. A genetic counsellor also can help you understand your results and options. Some people feel a little anxious about getting genetic health results. This is normal. If you feel very anxious, you should speak to your physician or a genetic counsellor prior to collecting your sample for testing. You should not change your health behaviours solely on the basis of information from the Application. Make sure to discuss your Genetic Information with a physician or other health care provider before you act upon the Genetic Information resulting from the Application Services. There may be unknown genes, environmental factors, or lifestyle choices that are far more important predictors. In any case, if you have concerns or questions about what you learn through the Application, you should contact your physician or other health care provider. Please note, that genetic risk assessment is not applicable to results of carrier screening tests. Genetic research is not comprehensive.While it measures many hundreds of thousands of data points from your DNA, only a small percentage of them are known to be related to human traits or health conditions. The research community is rapidly learning more about genetics, and an important mission of Muhdo to conduct and contribute to this research. In addition, many ethnic groups are not included in genetic studies. Because interpretations provided in the service rely on these published studies, some interpretations may not apply to you. Future scientific research may change the interpretation of your DNA. In the future, the scientific community may show previous research to be incomplete or inaccurate. Genetic Information you share with others could be used against your interests. You should be careful about sharing your Genetic Information with others. Currently, very few businesses or insurance companies request genetic information, but this could change in the future. While the Genetic Information Non-discrimination Act was signed into law in the United States in 2008, its protection against discrimination by employers and health insurance companies for employment and coverage issues has not been clearly established. In addition, GINA does not cover life, long-term care, or disability insurance providers. Some, but not all, states and other jurisdictions have laws that protect individuals with regard to their Genetic Information. You may want to consult a lawyer to understand the extent of legal protection of your Genetic Information before you share it with anybody. Furthermore, Genetic Information that you choose to share with your physician or other health care provider may become part of your medical record and through that route be accessible to other health care providers and/or insurance companies in the future. Genetic Information that you share with family, friends or employers may be used against your interests. Even if you share Genetic Information that has no or limited meaning today, that information could have greater meaning in the future as new discoveries are made. If you are asked by an insurance company whether you have learned Genetic Information about health conditions and you do not disclose this to them, this may be considered to be fraud. The genetic services available through the Application and the Genetic Information provided are for research, informational, and educational use only. The Application does not provide medical advice. This means two things. First, many of the genetic discoveries that are reported through the Application have not been clinically validated, and the technology that is used, which is the same technology used by the research community, to date has not been widely used for clinical testing. Second, in order to expand and accelerate the understanding and practical application of genetic knowledge in health care, all genotyped users participate in anonymised research. As a result of the current state of genetic knowledge and understanding, the Services offered are for research, informational, and educational purposes only. The Services are not intended to be used by you for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health. We or Muhdo do not endorse, warrant or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned in the Application. If we provide you through the Application any recommendations that identify for you, based on your Genetic and Self-Reported Information and scientific literature or research, potentially actionable information, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. Genetics is only part of the picture of any individual’s state of being and the state of the understanding of Genetic Information is rapidly evolving. At any given time we only comprehend part of the picture of the role of genetics, and only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, including in some cases your genetics as well as your current symptoms, if any. Reliance on any information provided by the Application is solely at your own risk.
11. USER REPRESENTATIONS
By accessing the Application Services, you agree to, acknowledge, and represent as follows:
- You understand that information you learn from the Application is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that the Application Services are intended for research, informational, and educational purposes only. A diagnosis or possible treatment should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that we urge you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your Genetic Information.
- You give permission to Muhdo, its contractors, successors and assignees to perform genotyping services on the DNA extracted from your saliva sample and you specifically request Muhdo to disclose the results of analyses performed on your DNA to you and to others you specifically authorize through the Application.
- You represent that you are eighteen (18) years of age or older if you are providing a saliva sample or accessing your Genetic Information.
- You are guaranteeing that any sample you provide is your saliva; if you are agreeing to these TAC on behalf of a person for whom you have legal authorization, you are confirming that the sample provided will be the sample of that person.
- If you provide a saliva sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside.
- You agree that any saliva sample you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
- You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
- You are aware that some of the information you receive may provoke strong emotion.
- You take responsibility for all possible consequences resulting from your sharing with others access to your Genetic Information and your Self-Reported Information.
- Waiver of Property Rights: 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 Muhdo or its collaborating partners using your de-identified and aggregated data. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your de-identified and aggregated Genetic Information or Self-Reported Information.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations we have 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 us and Muhdo and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
12. REFUND POLICY
If you decide you no longer want a DNA or epigenetic Product or our Genomic Sequencing following your purchase, please contact us immediately. If the purchase includes a Kit, you may request a refund for the Kit and any bundled DNA or epigenetic Product within 30 days of purchase as long as the Kit has not been used or registered. This refund will deduct shipping and handling fees. You can request a refund by emailing email@example.com and provide your order confirmation number. Once a Kit has been registered, the purchase of the Kit and any bundled DNA or epigenetic Product can no longer be refunded. However, you may close your Account as described in Section 18 below.
13. REPLACEMENT POLICY
We must receive your saliva sample prior to the expiration date of your Kit which is 12 months from the date of purchase to assure the quality and accuracy of your Genetic Information. Muhdo will not accept or process a sample from a Kit that is received after the kit’s expiration date. If you have a Kit that has expired, you may contact us via email to purchase a replacement testing kit. If Muhdo receives your sample after the kit’s expiration date or your Kit is lost or damaged, please contact us via email for help with replacing your kit. Depending on the circumstances, a fee may apply.
14. TERMINATION POLICY
These TAC will continue to apply until terminated by either you or us as set out in this Section. If you want to terminate your legal agreement with us, you may do so by deleting your account on the Application or notifying us at any time in writing, which will entail closing your account for all of the Services that you use. Your notice should be sent, in writing, to our address, which is set out on our website, or to firstname.lastname@example.org. If you provide notice online, we 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. We may at any time, terminate our legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of these TAC (or have acted in a manner which shows that you do not intend to, or are unable to comply with, the provisions of these TAC); (2) We or Muhdo is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) We or Muhdo is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (4) the provision of the Services to you by us is, in our opinion, no longer commercially viable. You may cancel your Plan at any point in time by sending an email to email@example.com. For clarity, if you cancel your Plan prior to the conclusion of your current subscription period, you will remain responsible for payment for all subscription fees through the conclusion of your current subscription period. If you cancel your Plan, you will lose all access, upon the expiration of your current pre-paid period, to the Services and any data or information we have presented to you through your account. We will not arrange refunds for cancelled subscriptions. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that we shall not be liable to you or any third party for any termination of your access to the Services.
15. PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services in any way that violates any applicable federal, state, local or international law or regulation. You also agree not to:
- use the Application in any way that could disable, overburden, damage, or impair the Application;
- use the Application in any way that could interfere with any other party’s use of the Application;
- reverse engineer, copy, modify or create derivative works of the software used in the Application provided as part of our Services, or any Genetic Product;
- engage in framing, mirroring, or otherwise simulating the appearance or function of the Services;
- use any device, software or routine that interferes with the proper working of the Services;
- introduce any viruses, Trojan horses, worms, or other material which is malicious or technologically harmful;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Application, the server on which Application is hosted, or any server, computer or database connected to the Application;
- attempt to bypass methods that Muhdo may use to prevent or restrict access to the Services;
- access or attempt to access another customer’s Application Account; or
- otherwise attempt to interfere with the proper working of the Application.
- GEOGRAPHIC RESTRICTIONS
We are a UK registered company and provide the Application Services globally. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services you do so on your own initiative. If you do so, you will be responsible for compliance with local laws.
16. DISCLAIMER OF WARRANTIES
Muhdo makes its best efforts to perform accurate Genomic Sequencing and to offer DNA Products of high quality. However, Muhdo does not warrant the accuracy, completeness or usefulness of the Services, nor does it endorse, warrant or guarantee the DNA Products. Your use of the services and content, and any features or items obtained through the services, including DNA products, is at your own risk. The services, content, and any features or items obtained through the services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express, implied or statutory. Neither Muhdo nor us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither Muhdo nor us represents or warrants (i) that the services, content, or any features or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, (ii) that defects will be corrected, (iii) that the services or any features or items obtained through the services will otherwise meet your needs or expectations. Muhdo and us hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties, which cannot be excluded or limited under applicable law.
17. DELETE ACCOUNT PROCESS
18. ENTIRE AGREEMENT