GenoMatch.Me is a service powered by Diagnomics, Inc. and/or its affiliates (“Diagnomics”, “we”, “us”) which provides website content, functionality, and other products and services to you when you visit or make purchases at genomatch.me (the “Site”) or remotely through any GenoMatch.MeSM or Diagnomics applications (collectively, the “Services”). Diagnomics provides the Services subject to the following terms and conditions.
By accessing or using the Services, you agree to be bound and abide by these Terms of Service. Please read them with care.
1. Requirements for Use of the Services
By using the Services, you represent and warrant to us that you are (i) of legal age to form a binding contract with Diagnomics 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 submit a saliva sample, create a GenoMatch.Me account or purchase a DNA application (see below). If you do not meet these requirements, you must not access or use the Services.
2. Additional Terms
3. Description of Services
The Services include access to the Site as well as the following features and functions relating to genetic testing, analysis and interpretation:
Genotyping Services. Diagnomics performs genotyping services on the specimens collected. Diagnomics collects, analyzes, and stores your genotyping data. Diagnomics obtains these data from a saliva sample that you provide, or data that has been uploaded to our servers. This process is termed “Genotyping,” and the results of your Genotyping are your “Genetic Information.”
GenoMatch.MeTM Platform. Diagnomics hosts a platform through genomatch.me (the “GenoMatch.Me Platform”) where you may purchase products and services that will use and interpret your Genetic Information (“Matching applications”). Matching applications are made by Diagnomics and Diagnomics partners (“Partners”). GenoMatch.Me Partners use only the relevant portions of your Genetic Information to offer a specific DNA application or service to you.
GenoMatch.Me Account Diagnomics provides you access to a software platform via a GenoMatch.Me account (the “GenoMatch.Me Account”). Your GenoMatch.Me Account allows you to manage your Genetic Information, the DNA applications you purchased, and other account settings.
4. Changes to these Terms of Services and the Services
We may revise and update these Terms of Service from time to time and post the updated Terms of Service on the Site. We will make any new terms available to you through or in connection with the affected Services. 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.
5. Registering for and Accessing the Services
To access certain features and functions of the Services, including Genotyping, you must create a GenoMatch.Me Account. To establish a GenoMath.Me Account, you must provide certain information that we request. This information includes:
To purchase a DNA application, 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 Diagnomics Account, you must choose a password and keep your password 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 access to or use of your username or password 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. Diagnomics cannot and will not be liable for any loss or damage that results from your failure to comply with these obligations. You authorize Diagnomics to authenticate your identity when accessing the Services. This may include asking you for your date of birth and other information that will allow Diagnomics to reasonably verify your identity.
If we believe that you have violated these Terms of Service, we have the right at any time to disable your username, password or any of your identifiers, whether chosen by you or provided by us.
6. Requesting Genotyping Services
When you purchase your DNA application, we will send you a kit for the collection of your saliva sample (“Saliva Collection Kit”). When you send us a saliva sample using the DNA Collection Kit, you agree to the following:
Retesting Policy. We may be unable to process your saliva sample on our first attempt, which may be either due to an issue with the submitted sample or with our laboratory process. If this is the case, and if enough of your sample is left over, we will attempt to process your sample again at no charge. If we are still unable to process your sample, we will send you a second collection kit at no charge. However, if we are unable to process your sample because of your violation of these Terms of Service, a fee may apply to receive a second collection kit. You can use this second kit to send us a second sample. If your second sample cannot be processed, you may contact GenoMatch.Me Customer Care for more options.
We provide our Genotyping Services at a discounted rate so that you can purchase interpretations of specific regions of your genome on-demand. If you wish to download the raw data of your genotyping, you must pay an “unlock” fee to cover the cost of the Genotyping Service. Please contact GenoMatch.Me Customer Care to request current pricing for this dataset.
7. Purchases Using the GenoMatch.Me Platform
The GenoMatch.Me Platform provides a venue for you to purchase DNA Matching applications that use your Genetic Information. You agree to pay for all matching applications you purchase, including any taxes and fees that apply. Prices listed in the GenotMatch.Me Platform may change at any time. We do not provide price protections or refunds on previous purchases in the event of a GenoMatch.me application price reduction or promotion.
Diagnomics 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.
Some Partners may offer you related product and service purchases within their DNA Matching application and Such additional purchases are at your option.
Refund Policy. If you decide you no longer want a DNA application or our Genomic Sequencing following your purchase, please contact us immediately.
If the purchase is for your first DNA application, you may request a refund within 30 days of purchase as long as you have not yet received and registered your DNA Collection Kit. This refund will deduct shipping and handling fees and a $25 cancellation fee. You can request a refund by calling GenoMatch.Me Customer Support and providing your order confirmation number. Once you have received and registered your DNA Collection Kit, your purchase can no longer be refunded. However, you may terminate your GenoMatch.me account as described in Section 19 below.
If the purchase is not for your first DNA application, it is not subject to refund by GenoMatch.Me. This policy is due to the informational nature of many DNA applications. Each of our Partners may have a separate return policy and you should contact our Partners directly for questions about their policies.
Replacement Policy. You must return a saliva sample no more than 3 months after you place an order for your first DNA application and DNA Collection Kit. Doing so will help to assure the quality and accuracy of your Genetic Information. Diagnomics will not accept or process a DNA Collection Kit that we receive more than 3 months after your order date. If Diagnomics receives your DNA Collection Kit more than 3 months after the kit was ordered, we will give you the option to receive a replacement kit for a $25 replacement fee and shipping and handling fees. If your DNA Collection Kit is lost or damaged, please contact GenoMatch.Me Customer Support for help with replacing your kit. Depending on the circumstances, a fee may apply.
8. Content of DNA applications
While Diagnomics provides you Genotyping Services and stores your Genetic Information, Diagnomics itself does not provide genetic interpretations. All interpretations are provided by Partners based on the specific DNA application(s) you purchase.
As such, Diagnomics does not evaluate your DNA for risks to your health. Because we do not have this information, we are not able to inform you about any genetic risks to your health. You may purchase one of our Partners’ DNA applications that provides interpretations about your health risks if you choose. However, you should not act on any health information provided through Partners without first consulting a healthcare professional. Not all Genetic Information can or should be acted upon. A DNA application may suggest actions or interventions that you can take. These suggestions come from Partners, not Diagnomics.
Not all scientific and health interpretation claims from Partners have been validated by the scientific and/or medical community or the Food and Drug Administration (“FDA”). DNA applications that have been approved by the FDA will be labeled as such on the Diagnomics Platform. However, not all DNA applications on the Diagnomics Platform require approval by the FDA.
In addition, Diagnomics evaluates the scientific quality behind all DNA Matching applications on the GenoMatch.Me Platform. We do so to ensure there is a scientific basis behind the claims made by the DNA applications. The GenoMatch.Me Platform labels each DNA Matching application with information such as the science behind the product and the potential limitations of the product.
You may choose which interpretations you would like to receive based on these labels and your own judgment and interests. Partners are responsible for the content of their DNA application(s), including the scientific basis of each product and the information each product provides. Even so, we ask that you report any DNA applications that you believe do not conform to quality standards or violate our GenoMath.Me Platform policies. You can report these issues to GenoMatch.Me Customer Support.
You acknowledge that Diagnomics is neither responsible nor liable for the content, quality, interpretations or recommendations of DNA applications provided by Partners. Diagnomics assumes no liability, obligation or responsibility in connection with any transactions between you and any Partner. These transactions are entirely at the risk of you and the Partner. If you have a dispute with a Partner, you release Diagnomics (and its agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
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 GenoMatch.Me 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.
10. Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Diagnomics and its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Diagnomics 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.
Diagnomics grants you a limited license to copy and distribute, for non-commercial purposes, any of the content on the Site, provided that you distribute such content (i) as it appears on the Site without any modification, (ii) in a way that is fair and legal and does not misrepresent the substance of the content, Site or Services; and (iii) with the following attribution “© 2017 Diagnomics, Inc. or its affiliates. All rights reserved.”. Except as permitted by this limited license, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the content on the Site.
If you wish to make any use of content on the Site or Services other than as set out in this section, please contact GenoMatch.Me Customer Care.
Except for your rights to DNA applications you purchase (in accordance with the terms of the applicable Partner), no other right, title or interest in or to the Services or any content on the Services is transferred to you. Diagnomics reserves all rights not expressly granted. If you provide Diagnomics with any suggestions, recommendations or other feedback regarding the Services (“Feedback”), you agree that Diagnomics 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.
The Diagnomics name and logo, as well as GenoMatch.Me, are trademarks and service marks of Diagnomics. You must not use trademarks and/or service marks without the prior written permission of Diagnomics. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
12. 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:
13. Third Party Content; Links from the Site
The Site may include content provided by third parties, such as Partners, other users, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in such content are solely the opinions and the responsibility of the person or entity providing the content. Such content may not reflect the opinion of Diagnomics. We are not responsible, or liable to you or any third party, for the content or accuracy of any third party content.
If the Site contains links to other sites and resources provided by third parties, including Partners, it provides them for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access any third party websites linked to this Site, you do so at your own risk and subject to such websites’ terms and conditions and privacy policies.
14. Geographic Restrictions
Diagnomics is a United States company and provides the Services in the United States. We make no claims that the Services or any of its content are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative. If you do so, you will be responsible for compliance with local laws.
15. Notice of Limitations
Our genes influence many traits in our lives. At Diagnomics, 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.
In considering a purchase of the Services or any DNA application, you should be aware of certain risks and limitations of genetic testing and interpretation. These include the following:
Genetics is an evolving field of study
DNA applications are based on the current knowledge of genetics. This knowledge changes every day as we learn more through research. A DNA application based on the current state of knowledge may have a different interpretation in the future.
Even though we know many traits have a basis in genetics, we may not know or understand all the genetic contributions for a trait. Research in science and medicine is continuously discovering new links between genes and traits. Such research is also showing that some previously identified links may not be valid.
Every genome is different. Every person has variations that are either unique to them or are not well described in medical and scientific literature. Your DNA will have variations that are not fully understood. As such, some DNA applications may reveal variations in your DNA that they cannot currently interpret.
DNA applications provide interpretations based on scientific studies. Such studies are often based on a specific population, such as a specific ethnicity. Thus, you may receive interpretations that are based on a population that differs from your ethnicity or genetic background.
Genetics cannot tell you everything about yourself
There are few cases where a single gene (or variation in a single gene) is completely predictive of any one trait. Most traits are influenced by multiple genetic and non-genetic factors. Your lifestyle, your environment and chance can also play a role in whether you will have or develop a trait.
The interpretation of Genetic Information is often as a probability, likelihood, or risk. Even if you have one or more genetic variations linked to a certain trait, it may not mean that you have or will develop that trait.
In addition to non-genetic factors, multiple genes or genetic variations often influence a single trait. That means the effect of any one, single genetic variation may be low.
Even if you do not have one or more genetic variations linked to a certain trait, you may still have or develop that trait.
In some cases it is more accurate to measure your physical trait (e.g., height) than to use Genetic Information to predict the trait (e.g., genes for height).
You may discover information that causes you distress
You cannot unlearn the knowledge you gain from a DNA application. Some people prefer not to know their Genetic Information for some traits.
You may discover Genetic Information that you do not expect. In some cases this information may be interesting. In other cases it may lead to unintended reactions such as anxiety, depression or distress. Examples of these include:
Diagnomics allows you to select which interpretations you would like to receive by purchasing Partners’ DNA applications. You are responsible for considering the potential impact this information may have on you or your relatives before purchasing a DNA application.
If you have questions or concerns, you should speak with a health professional such as a physician or genetic counselor prior to purchasing a DNA application. You can locate a genetic counselor near you using the online “Find a Genetic Counselor” directory provided on the National Society of Genetic Counselors website.
The results of DNA applications should not be used to diagnose or treat any medical condition. You should consult a qualified healthcare provider before you take medical action.
There may be errors in processing your sample
Diagnomics takes its laboratory quality very seriously. Our laboratory meets quality control standards set by the Clinical Laboratory Improvement Amendments (CLIA) and the College of American Pathologists (CAP).
Despite our focus on quality, problems with our Genomic Sequencing process may occur from time to time. These problems may result from sample misidentification, a contaminated sample or insufficient DNA:
We continuously perform quality control on our processes and procedures. Even so, errors may result during data generation in the lab and in the processing of the data on servers.
It is possible that during Genomic Sequencing, a part of your Genetic Information will not meet our quality thresholds. Based on our standards, that part of your Genetic Information will not be available for interpretation. You may not be able to purchase a DNA application if it requires Genetic Information that is not available for you.
If you believe your sample has been misidentified, please contact GenoMatch.Me Customer Care for help. Please see our retesting and return policies.
Revealing your Genetic Information may affect your privacy.
Some of our DNA applications may request that you share your Genetic Information, for research or social reasons. You may also wish to publicly share results on your own.
You should be careful about sharing your Genetic Information with others and know the consequences before doing so. You understand that the Genetic Information Nondiscrimination Act (“GINA”) protects your Genetic Information from use by health insurance providers and employers, but does not apply to disability insurance, life insurance or long-term care insurance providers. You understand that if you choose to share your Genetic Information with these insurance providers, you do so at your own risk.
Genetic Information that you choose to share with your health professional may become part of your medical record. That means it could be accessible to other health professionals and possibly health insurance providers in the future.
Your Genotyping results may have implications for your relatives
Your biological relatives will share some portions of your DNA. Because of this fact, some information you receive from DNA applications you purchase may have implications for them as well.
Genetic information can reveal information that is surprising to you or your family. For some DNA applications, information you receive may reveal unanticipated insights about your family. (For example, you could discover that you or someone in your family is not related by blood to the rest of the family.) For other DNA applications, information may show that other relatives are at risk for a health condition they did not know about before.
It is important to consider how information you learn may have a positive or negative impact on members of your family. Some of your family members may not want to know about such Genetic Information.
If you have questions about how to share sensitive Genetic Information with relatives, you should speak with a qualified healthcare provider, such as a genetic counselor.
16. Disclaimer of Warranties
Diagnomics makes its best efforts to perform accurate Genotyping and to offer DNA applications of high quality. However, we do not warrant the accuracy, completeness or usefulness of the Services, nor do we endorse, warrant or guarantee the DNA applications, including, without limitation, any descriptions, prices, products and product warranties, or other information posted by Partners or other vendors.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING DNA applications, IS AT YOUR OWN RISK. THE SERVICES, THEIR 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 DIAGNOMICS NOR ANYONE ASSOCIATED WITH DIAGNOMICS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER DIAGNOMICS NOR ANYONE ASSOCIATED WITH DIAGNOMICS REPRESENTS OR WARRANTS (i) THAT THE SERVICES, THEIR 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 OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (iv) THAT THE SERVICES OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
DIAGNOMICS AND ALL PARTIES ASSOCIATED WITH DIAGNOMICS 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.
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.
17. Limitation of Liability
IN NO EVENT WILL DIAGNOMICS, THE DIAGNOMICS PARTNERS, DIAGNOMICS 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.
You agree to defend, indemnify, and hold harmless Diagnomics, its affiliates and licensors and their respective officers, directors, employees, contractors, 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.