Geneus DNA Terms of Service

These Terms of Service (the “Terms”) form an agreement between you and Geneus DNA LLC (“Geneus”, “GeneusDNA”, “we”, “us” or “our”), a limited liability company organized under the laws of the State of Wyoming, United States. Our contact address is 10 W Broadway, Salt Lake City, Utah 84101, United States.

These Terms govern your use of the GeneusDNA website at www.geneusdna.com, our mobile applications, DNA test kits, reports and related products, software and services (the “Services”).

• “Account” means the account you create to order, register a Kit, give consent and view Reports.
• “Kit” means a Geneus sample collection kit, including its unique kit ID.
• “Sample” means the saliva or buccal (cheek-swab) sample you provide using a Kit.
• “Genetic Data” means information about an individual generated by analyzing a Sample, including raw data, genotype data and individual results included in Reports. Geneus’s software, report formats and general explanatory content are not Genetic Data.
• “User-Reported Information” means information you give us about yourself, for example in questionnaires and surveys.
• “User Content” means any content you submit to or through the Services other than Genetic Data and User-Reported Information, such as messages, reviews, photos and feedback.
• “Report” means the results, interpretations and other information we make available to you through the Services.
• “Research” means scientific research that Geneus or its research partners carry out using data from users who have given separate, express consent under the applicable Consent Document.
• “Consent Document” means any consent form or consent screen that we present to you through the Services, such as consent to process a Sample or to take part in Research.
• “Geneus Parties” means Geneus, its affiliates, and its and their respective members, managers, officers, employees, agents, contractors, laboratories, payment and other service providers, licensors, successors and assigns.

You accept these Terms when you affirmatively agree to them through a notice that links to these Terms, such as at checkout, Account creation or Kit registration. Each order is governed by the terms accepted for that order. If you do not accept these Terms, you may not use the Services.

These Terms apply to your use of the Services, including submitting a Sample, viewing Reports, answering questionnaires and using an Account without submitting a Sample. The Privacy Policy, the Refund Policy, each Consent Document you accept and any terms specific to a Service that we present to you before you order or use that Service form part of these Terms. Changes to these Terms are governed by Section 16. A Consent Document governs the specific processing to which you consent if it conflicts with these Terms on that subject.

By using the Services, you make the following representations and agree to these restrictions.

• You are at least 18 years old, or the age of majority where you live if that is higher, and you can form a binding contract with Geneus.
• You are not barred from receiving the Services under the laws of the place where you live or from which you use the Services.
• Any Sample you submit is your own, that of a minor for whom you are a parent or legal guardian with authority to consent to testing, or that of a person you have legal authority to represent for this purpose. Purchasing a Kit for someone else does not, by itself, give you the right to submit their Sample or access their Report.
• The Sample you submit is not from a person who has received a bone marrow or stem cell transplant.
• You will not use the Services to obtain another person’s Genetic Data for an employer or insurer, or for employment or insurance-underwriting decisions.
• You will not use the Services for forensic, law enforcement or investigative genealogy purposes, or to establish paternity or any other relationship for legal purposes.
• Collecting and sending the Sample from your country is lawful, and you have obtained any authorization required of you for its collection and shipment.
• You are not located in a country subject to a U.S. government embargo and are not on a U.S. government list of prohibited or restricted parties.

We may request reasonable evidence of your age, identity or authority to act for another person and may pause registration or processing while we verify it. We handle any evidence we collect in accordance with our Privacy Policy.

• Obtain a Kit directly from Geneus or from an authorized retailer.
• Register the kit ID to the Account to be used for the test and provide the required consents before sending the Sample. We may be unable to identify or process an unregistered Sample. We do not begin testing until the Kit is properly registered and the required consents are in place.
• Collect the Sample according to the Kit instructions and return it to the address provided.
• A laboratory engaged by Geneus analyzes the Sample and sends the Genetic Data to us using the kit ID rather than your name.
• We prepare your Report and make it available in your Account.

The Services reflect genetic research and technology available at the time. We may update, suspend or discontinue features as science or technology changes. Your purchase includes the Services described in the offer you accepted. It does not include new technologies, features or additional Reports unless that offer says otherwise. We may charge for those additions. Sections 16 and 17 govern changes to these Terms and discontinuation of a paid Service.

Turnaround times are estimates. If a Sample fails laboratory quality checks, for example because it contains too little DNA or is contaminated, we will explain the available next steps, which may include collecting a new Sample. We will disclose any applicable charges before you agree to proceed. If we cannot complete a paid Service, Section 17, the Refund Policy and any rights under applicable law govern the remedies available to you. A Sample that has been processed cannot be returned.

We may provide software updates automatically from time to time. You agree to receive them as part of your use of the Services.

Please consider the following before using the Services.

• Not medical advice. Reports are for informational, educational and wellness purposes only. They are not intended to diagnose, treat, cure or prevent any disease or condition, or to show the current state of your health. Geneus is not a healthcare provider, and your use of the Services does not create a doctor–patient relationship. Unless we expressly say otherwise, our Reports have not been cleared or approved by the U.S. Food and Drug Administration.
• Talk to a professional. Do not change your medication, diet, exercise or other lifestyle behaviors based only on a Report. Discuss your Genetic Data with a physician or other qualified healthcare professional before acting on it.
• Limited coverage. Reports cover only selected genetic variants. Genetics is one of several factors that influence health and traits, alongside environment, lifestyle and family history. Many populations are underrepresented in genetic research, so some interpretations may not apply to you.
• Clinical limitations. The Services and Reports are not intended to provide a clinical diagnosis. A Report may not detect every relevant variant and may contain errors. Do not use it as the sole basis for a medical decision.
• Unexpected information. A Report may reveal information you did not expect about yourself or your biological relatives, which may cause stress or strong emotions. Once you learn this information, it cannot be unlearned.
• Sharing your Genetic Data. Be careful when you share your Genetic Data with others. If you share it with a healthcare provider, it may become part of your medical record and be accessible to others, including insurers. In the United States, the Genetic Information Nondiscrimination Act (GINA) protects against some, but not all, forms of genetic discrimination. It does not cover life, disability or long-term care insurance. Laws in other countries may offer different protection.
• Changing science. As research develops, our interpretation of your Genetic Data may change. We may revise interpretations in a Report to reflect new findings.
• No guaranteed outcome. We do not guarantee that any recommendation, course of action or intervention discussed in a Report will produce a particular result.

Subject to Section 19 and your rights under applicable law, you accept these risks when using the Services or relying on a Report.

By using the Services, you also acknowledge and agree to the following.

• You understand the risks and limitations in Section 5.
• Subject to the separate consents required for the relevant activity, you authorize Geneus and the laboratories and contractors acting on its behalf to extract and analyze DNA from your Sample to provide the Services you requested and to disclose the results to you and anyone else you specifically authorize.
• If you act on behalf of another person, the Sample submitted for that person is theirs, and you have the legal authority to accept these Terms and give the relevant consents on their behalf.
• Your Sample and information relating to the Services may be transferred to, stored and processed in the United States and other countries as described in our Privacy Policy, subject to the safeguards and any consent required for that processing.
• The information you provide is true, accurate and complete.

If you breach a representation in this Section or Section 3, we may suspend processing, close your Account or refuse further use of the Services as appropriate under Section 17.

• Provide accurate and current information about yourself or the person you represent and keep it up to date. If we reasonably suspect that information is false or incomplete, we may ask you to correct or verify it and may suspend or close your Account under Section 17.
• Keep your login credentials confidential, log out at the end of each session and notify us promptly if you suspect unauthorized access. You are responsible for activity you authorize and, to the extent caused by your failure to take reasonable care of your credentials, for resulting loss.
• If you allow another person to use your credentials, you are responsible for the use you authorize, including as set out in Section 20. Our own security obligations and the exceptions in Section 19 continue to apply.

Our Privacy Policy explains how we collect, use, share and protect your personal information and Genetic Data. By accepting these Terms, you acknowledge that we have provided you with the Privacy Policy. Neither accepting these Terms nor acknowledging the Privacy Policy replaces a separate consent required for a particular activity.

We ask for your express consent before processing your Sample. We request separate consent for each other use or disclosure that requires it. Refusing optional consent for Research, marketing or Sample storage does not prevent you from buying the core testing service. Disclosures required by law remain subject to the safeguards described in the Privacy Policy. We do not sell Genetic Data.

You may withdraw consent at any time. Withdrawal stops future processing that depends on that consent. It does not affect processing or Research already carried out. If you withdraw a consent needed to provide a Service, we will explain how this affects our ability to continue the Service and any refund rights under these Terms, the Refund Policy and applicable law.

Prices and the currency you will be charged are shown at checkout, together with information about applicable taxes. Price changes do not affect an order we have already accepted. We accept an order when we confirm our acceptance to you. We may refuse or cancel an order if a price or product was displayed in error, we reasonably suspect fraud, or we cannot lawfully or practically provide the Services at your location. If we cancel a paid order, we will refund the amount you paid. Section 17 applies if we discontinue a paid Service before completing it.

Payment for direct orders. Geneus DNA LLC is the seller for orders placed directly with us. Depending on the market and payment method, you may pay Geneus DNA LLC directly or pay an authorized payment-collection agent we appoint to receive payment on our behalf. We identify the payee before you pay. The payee’s name may appear on your card statement, receipt or tax invoice. Payment of the amount due to the identified payee satisfies your obligation to pay us that amount.

We or our authorized payment-collection agent may use payment service providers to process the transaction. You authorize the amount shown at checkout to be charged to your selected payment method, which may be subject to the payment service provider’s terms. Payment to our agent does not make the agent a retailer. Geneus DNA LLC remains responsible for providing the Services and for any refund owed on a direct order. If you buy a Kit from an authorized retailer selling on its own account, the retailer is the seller of the Kit and the retailer provisions of our Refund Policy apply.

Taxes and customs. You are responsible for duties, taxes and customs charges lawfully payable by you in connection with your order, except to the extent they are included in the price you paid.

Refunds. Our Refund Policy forms part of these Terms. Except as provided in these Terms, the Refund Policy or applicable law, fees are non-refundable.

We ship Kits to the address you provide. Title to a Kit and the risk of physical loss pass to you when the Kit is delivered, subject to applicable law.

When returning a Sample, follow the collection, packaging and shipping instructions in your Kit and comply with customs requirements that apply to you. Risk of physical loss passes to us when your Sample is received at the return address or collection point we designate. Receipt does not guarantee that the Sample will meet laboratory quality requirements. Section 4 explains what happens if it does not.

You retain ownership of your User Content. You grant Geneus a worldwide, non-exclusive, royalty-free license to host, copy, adapt, transmit and display that content as reasonably needed to provide, operate and improve the Services. We may authorize contractors and service providers to exercise these rights only to perform those activities for us. We use private messages you send to Customer Care only to provide and improve customer support or as required by law.

For reviews and other User Content that you choose to make public through the Services, you also grant Geneus a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, display and distribute the non-personal elements of that content to promote the Services, including through service providers acting for us. We may make edits for length or format that preserve the meaning of your review. Using your name, likeness or personal information in a promotion requires your separate permission. You will not be paid for these uses unless we agree otherwise in writing.

These licenses relate only to intellectual property rights in User Content. They do not extend to your Sample, Genetic Data or User-Reported Information. We process personal information under the Privacy Policy, applicable law and any required separate consent. You represent that you have the rights needed to grant these licenses and that your User Content does not infringe anyone’s rights or break the law. We may review, filter, refuse or remove content on the Services, including content we reasonably believe violates these Terms or the law. You may give a lawful review of your experience.

You may send us non-confidential feedback or suggestions about the Services. We may use them without attribution or compensation, subject to the data restrictions above and any separate written agreement with you.

Samples are used up or destroyed after analysis in accordance with our laboratory’s procedures, unless you have separately agreed to further storage as described in the Privacy Policy. Genetic Data derived from your Sample remains your information. We use it only as allowed by applicable law, the Privacy Policy and any applicable Consent Document.

Providing a Sample, Genetic Data or User-Reported Information does not, by itself, give you an ownership interest in, or a right to royalties or other compensation from, any research, discovery, invention or commercial product lawfully developed by Geneus or its partners. This provision does not authorize Research or any other use requiring separate consent, override a separate written agreement with you, or affect your rights in your personal information under applicable law.

You agree to the following restrictions, subject to Section 14 and any rights that applicable law does not allow us to restrict.

• Do not submit a Sample you are not entitled to submit under Section 3.
• Do not copy, sell, resell, distribute, publish, reproduce or create commercial products from any part of the Services, including Kits and Reports, without our written permission, except for the personal uses permitted by Section 14.
• Do not modify, rent, lease, lend, reverse engineer, decompile, scrape or try to extract the source code of any part of the Services or software we provide.
• Do not access the Services other than through the interfaces we provide, interfere with the Services or try to gain unauthorized access to the Services or another user’s Account.
• Do not upload viruses or other harmful code, or use the Services to send spam.
• Do not use the Services in a way that breaks the law or infringes anyone’s rights.

Geneus or its licensors own the intellectual property rights in the Services, including our software, original content, designs, and the selection and presentation of material in Reports. You retain your rights in your own personal information, Genetic Data, User-Reported Information and User Content.

We grant you a limited, personal, non-exclusive, non-transferable license to use the Services and your Reports for your own non-commercial purposes, subject to these Terms. This includes downloading your Reports and available raw data, keeping personal copies and sharing them for personal use, including with your doctor or other advisers. We may restrict or terminate access to the Services under Section 17. Closing your Account does not revoke your right to retain and use copies you have already lawfully downloaded, subject to Sections 13 and 14. Software you download is also subject to any license supplied with it.

You must protect non-public information of Geneus that we identify as confidential or that you should reasonably understand to be confidential. You may disclose it with our written permission or as permitted or required by law. This obligation does not restrict your use of your own information and Reports as described above, lawful reviews or complaints, or lawful disclosures to your legal advisers or a regulator.

“Geneus”, “GeneusDNA” and our logos, product names and service names are our trademarks. Except as permitted by law, you may not use those marks without our written permission. You may not remove, obscure or alter a copyright, trademark or other proprietary notice in the Services. All rights not expressly granted are reserved.

The Services may link to independent websites, products or services that you may choose to use. They are subject to the third party’s own terms and privacy practices. To the extent permitted by law, we are not responsible for their content, products, services or privacy practices, or for loss caused by your use of or reliance on them. This Section does not limit Geneus’s responsibilities under these Terms or applicable law for contractors or service providers engaged to perform the Services on our behalf.

We may update these Terms by posting the revised version on the Services. If a change is material, we will notify you by email or through the Services before it takes effect. Where applicable law requires your affirmative agreement, the change applies to you only after you give that agreement. Otherwise, to the extent permitted by law, continuing to use the Services after the notified change takes effect means you accept it. If you do not accept it, you may stop using the affected Services and close your Account.

Changes apply prospectively. They do not change the terms of an order we have already accepted or apply to a claim that arose, or a dispute of which we had actual notice, before the change took effect. A change to these Terms does not provide consent to a new use of Genetic Data. We will obtain any separate consent required for a materially different use of data we already hold.

You may stop using the Services at any time. To close your Account, contact Customer Care. If we reasonably need to confirm your request or verify your identity, we will explain what is needed and process the closure once verification is complete. You may also request deletion of your data as described in the Privacy Policy. Closing an Account and requesting deletion are separate actions.

We may suspend or close your Account, or stop providing all or part of the Services to you, on any of the following grounds.

• You have breached these Terms, we have reasonable grounds to suspect a breach, or you have shown that you do not intend to or cannot comply with them.
• Applicable law requires us to do so.
• A partner through which we offered the Services to you has ended its relationship with us or stopped providing the Services to you.
• We have stopped offering the Services in your location, or we reasonably consider that continuing to provide them is no longer commercially viable.

Where reasonably practicable, we will give you advance notice and an opportunity to download available Reports. If we discontinue a paid Service or cannot complete it for a reason not caused by your breach, we will refund the portion of the price attributable to the Service we did not provide and give you any other remedy required by law. This also applies if, after the applicable quality-control procedures and any agreed replacement or repeat analysis, we cannot complete the paid Service. Nothing in this Section limits a right to a refund or other remedy under applicable law.

We may report suspected fraud or other illegal activity to the appropriate authorities, subject to applicable law and the Privacy Policy. Subject to Section 19 and applicable law, the Geneus Parties are not liable solely because access is suspended or terminated in accordance with this Section. This does not limit our responsibility for our own breach or any refund due.

Closing your Account does not affect accrued rights or obligations. Sections 1, 9 through 14, and 18 through 25, and other provisions that by their nature should continue, survive termination to the extent relevant. Sections 13 and 14 continue to apply to materials you retain. We remain responsible for privacy, security and deletion obligations for information we keep. Survival does not extend a withdrawn consent, authorize unlawful processing or require us to continue hosting your Account after closure.

EXCEPT FOR OUR EXPRESS COMMITMENTS UNDER THESE TERMS AND RIGHTS OR GUARANTEES THAT APPLICABLE LAW DOES NOT ALLOW US TO EXCLUDE, THE SERVICES AND REPORTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, THE GENEUS PARTIES DISCLAIM IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

We do not guarantee uninterrupted or error-free access, that any Report will be free of all errors or omissions, that results will meet every individual expectation, or that a particular outcome will follow. Our obligations to supply the Services as agreed and to provide remedies required by these Terms or applicable law continue to apply.

Take reasonable precautions when downloading material and when deciding whether to share a Report or other personal information about yourself or someone you represent. To the extent permitted by law, we are not responsible for a third party’s subsequent use of information you independently choose to share with it. The exceptions in Section 19 apply.

Subject to the exceptions below and to the fullest extent permitted by applicable law, the Geneus Parties will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill, use or data, or other intangible losses, even if advised of the possibility of such losses, arising from or relating to any of the following.

• Your use of the Services or inability to use them.
• An action you take based on a Report or other information received through the Services.
• Your failure to keep your login credentials secure and confidential.
• Unauthorized access to or alteration of your data.
• Submission of a Sample or acceptance of these Terms by a person who claimed authority they did not have.
• The statements or conduct of a third party on or through the Services.

TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO THE EXCEPTIONS BELOW, THE TOTAL LIABILITY OF ALL GENEUS PARTIES TOGETHER TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO AN ORDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, WILL NOT EXCEED THE TOTAL PRICE ACTUALLY PAID FOR THE KITS OR SERVICES IN THAT ORDER. THIS INCLUDES PAYMENT BY YOU OR THE PERSON WHO PURCHASED IT FOR YOU, WHETHER MADE DIRECTLY TO GENEUS, TO OUR AUTHORIZED PAYMENT-COLLECTION AGENT, OR TO AN AUTHORIZED RETAILER. DISCOUNTS REDUCE THE PRICE USED TO CALCULATE THIS LIMIT. SUBSEQUENT REFUNDS DO NOT REDUCE IT. IF THE SAME CLAIM RELATES TO MORE THAN ONE ORDER, THE LIMIT IS THE COMBINED PRICE PAID FOR THOSE ORDERS, COUNTING EACH ORDER ONLY ONCE. THE LIMIT DOES NOT MULTIPLY WITH THE NUMBER OF CLAIMS OR GENEUS PARTIES.

A claim unrelated to any order is subject to the other limitations in this Section and applicable law. The order-price limit does not apply to such a claim.

To the extent permitted by law, these limitations apply even if a limited remedy fails of its essential purpose. The exceptions in this paragraph apply to every disclaimer, exclusion, indemnity and limitation in these Terms. Nothing in these Terms excludes or limits liability for fraud, gross negligence or willful misconduct, including that of a party’s personnel and representatives. Nothing excludes or limits liability for death or personal injury that cannot lawfully be excluded or limited, a refund due under these Terms, the Refund Policy or applicable law, or any compensation, statutory damages or other remedy that applicable law does not allow us to exclude or limit, including under consumer and data protection laws. Nothing in these Terms limits a regulator’s powers. A party may not recover more than once for the same loss.

To the extent permitted by law, you agree to indemnify the Geneus Parties for reasonable losses, costs and expenses, including reasonable attorneys’ fees, arising from a third-party claim to the extent caused by any of the following:

• Your fraudulent or unlawful submission of a Sample, including submission of another person’s Sample without authority.
• A statement about your authority to submit a Sample or authorize its processing that you knew was false or made with reckless disregard for its truth.
• Your intentional misuse of the Services, breach of Section 13 or sharing of your login credentials with another person.
• Your submission of User Content that infringes another person’s rights.

Your obligation does not cover losses to the extent caused by a Geneus Party’s own breach, negligence or misconduct. We will notify you promptly of a covered claim. A delay in notice reduces your obligation only to the extent the delay materially impairs your ability to respond to the claim.

We may manage the defense of the claim. You will reasonably cooperate and may participate through your own counsel at your own expense. We must obtain your prior consent to any settlement for which we seek reimbursement from you or which requires you to admit liability or undertake any obligation. You may not unreasonably withhold consent to a reasonable monetary settlement that fully releases you from the claim and requires no admission or non-monetary obligation from you.

The laws of the State of Wyoming and applicable United States federal law govern these Terms and any dispute or claim arising from or relating to them or the Services, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If you are a consumer, you retain any protections that the law applicable in your country of habitual residence or other applicable law does not permit you to waive.

A “Dispute” is any dispute, claim or controversy arising from or relating to these Terms or the Services, whether based on contract, tort (including negligence), statute or another legal basis, including a claim involving a Geneus Party.

Consumer rights. This Section preserves your rights under mandatory law, including any right to bring or defend a claim in the courts of your country of habitual residence, seek a statutory remedy or contact a regulator. These protections apply throughout this Section.

Informal resolution. Before starting court proceedings, the party bringing the claim will give the other party written notice describing the Dispute and the relief sought. You may send your notice to [email protected]. We may send ours to the email address you provided to us. The parties will allow 30 days from receipt of the notice to try to resolve the Dispute. To the extent permitted by law, neither party will count that period against the other in asserting that a claim was filed too late. Either party may seek urgent relief or file proceedings needed to preserve a claim before a deadline. You may contact a regulator at any time.

Courts. Subject to the consumer rights and exceptions in this Section, a Dispute must be brought exclusively in a state court of competent jurisdiction in Sheridan County, Wyoming, or, if federal subject-matter jurisdiction exists, in the United States District Court for the District of Wyoming. You and Geneus consent to personal jurisdiction and venue in those courts and, to the extent permitted by law, waive objections based on venue or inconvenient forum. Either party may bring an individual claim in a small-claims court with jurisdiction. Geneus may seek an injunction or other equitable relief in a court with jurisdiction to protect its intellectual property or stop unauthorized use of the Services.

Individual claims. ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND GENEUS AGREE TO BRING CLAIMS AGAINST EACH OTHER INDIVIDUALLY. NEITHER WILL BRING OR JOIN A CLAIM AGAINST THE OTHER AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. This agreement does not restrict a right or remedy that applicable law does not permit you to waive.

Jury trial. ONLY WHERE APPLICABLE LAW PERMITS AN ADVANCE WAIVER OF THIS RIGHT, YOU AND GENEUS KNOWINGLY AND VOLUNTARILY WAIVE TRIAL BY JURY IN A DISPUTE. Where this waiver applies, a judge will decide the Dispute.

Time limits. The limitation period prescribed by applicable law governs each claim. If a waiver in this Section is unenforceable for a particular claim, it is severed to the extent necessary, and the remaining provisions continue to apply as permitted by law.

We may contact you by email using the address you provided, through the Services or by post. Where applicable law requires consent to electronic delivery, or specifies the form, delivery or retention of a notice, we will follow those requirements.

Send formal legal notices to the postal address in Section 26, except where applicable law allows a different method. You may email a dispute notice under Section 22 and exercise your privacy rights through the channels in the Privacy Policy. The rules governing service of legal process apply separately.

You agree to comply with all applicable export control and sanctions laws, including those of the United States. You may not use or export the Services, or any data or software obtained through them, in breach of those laws.

• Entire agreement. Each order is governed by the terms accepted for that order. These Terms and the documents incorporated under Section 2 form the entire agreement between you and Geneus for an order placed under these Terms. Information that applicable law makes binding remains part of the agreement.
• Severability. If a provision is invalid or unenforceable, it will be severed to the extent required by law. The rest of the agreement will remain in effect if it can operate without that provision.
• No waiver. A failure to enforce a right under these Terms does not waive that right.
• Subcontracting. Geneus DNA LLC may use affiliates and service providers to perform parts of the Services on its behalf. Geneus DNA LLC remains responsible to you for its obligations under these Terms.
• Assignment. Subject to applicable law, you may not transfer this agreement or delegate your obligations to another person without our written consent. In a reorganization, merger, acquisition or sale of the relevant business, we may transfer this agreement to an affiliate or successor that assumes our obligations, provided the transfer does not reduce your contractual or mandatory legal protections. We will give any notice and obtain any consent required by applicable law. Any disclosure or transfer of personal information remains subject to the Privacy Policy and applicable data protection law.
• Force majeure. We are not responsible for a delay or failure to perform to the extent directly caused by an event beyond our reasonable control, such as a natural disaster, epidemic, government action, war, labor dispute, carrier delay, laboratory outage or interruption of utilities or internet service. We will take reasonable steps to reduce its effects and notify you if it materially affects an outstanding order. If we discontinue a paid Service before completing it, the refund provisions of Section 17 apply. You retain any remedy required by law.
• Relationship. These Terms do not create a partnership, joint venture, employment or agency relationship between you and Geneus.
• Third-party beneficiaries. A Geneus Party other than Geneus may enforce only a protection expressly granted to it in Sections 7, 18 through 20 or 22, subject to the same exceptions and mandatory-law limits as Geneus. This limited right does not make it a party to your service contract with Geneus DNA LLC or release it from its own legal obligations. There are no other third-party beneficiaries.
• Interpretation. Headings are for convenience. The word “including” introduces examples and does not limit the scope of the relevant provision.
• Language. If versions of these Terms in different languages conflict, the English version prevails to the extent permitted by applicable law.

For questions about these Terms, email [email protected].

Send formal legal notices to Geneus DNA LLC, Attn: Legal, 10 W Broadway, Salt Lake City, Utah 84101, United States of America.