TERMS AND CONDITIONS
This website (the “Website”) is controlled and operated by myInnerGo. Please read the following terms and conditions (the “TOS”) carefully as they set out the basis upon which we will grant you access to the Website and permit you to avail of the goods and services via the Website. By clicking the “Accept” button, you will be deemed to have accepted these TOS and our privacy policy, so please review all these documents carefully.
- Definition
- “myInnerGo”means myInnerGo OÜ (Ltd.), with a principal place of business at Mäealuse 4, Tallinn, Estonia.
- “R&D”means research and development activities performed by myInnerGo on user data. These activities may include, among other things, improving our Services and/or offering new products or services to you; performing quality control activities; conducting data analysis that may lead to and/or include commercialization with a third party.
- “Service” or “Services” means myInnerGo’s products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
- “Agreement”means the agreement that is entered between myInnerGo and the you when you activate an account through the Website, in person or by any other means indicated by myInnerGo.
- “Personal Information”is information that can be used to identify you, either alone or in combination with other information. myInnerGo collects and stores the following types of Personal Information:
- “Registration Information”is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, sample kit number, and payment information).
- “Genetic information”is information regarding your genome, generated through processing of your sample by myInnerGo or by its contractors, successors, and assignees; or otherwise processed by and/or contributed to myInnerGo.
- “Self-Reported Information”is all information about yourself, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter surveys, forms, or features while signed in to your myInnerGo account.
- “User Content”is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials – other than Genetic Information and Self-Reported Information-generated by users of myInnerGo Services and transmitted, whether publicly or privately, to or through myInnerGo.
- “Web Behavior Information”is information on how you use the myInnerGo website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
- “Aggregated Genetic and Self-Reported Information” is Genetic and Self-Reported Information that has been stripped of Registration Information and combined with data from several other users sufficient to minimize the possibility of exposing individual- level information while still providing scientific evidence.
- Prerequisites
By accessing myInnerGo and our Services, you are acknowledging and agreeing to the following prerequisites and obligations:- You may not use the Services and may not accept the TOS if the laws of jurisdiction in which you are resident or from which you use the Services bar you from receiving the Services.
- You may not use the Services and may not accept the TOS if you are not of legal age to form a binding contract with myInnerGo.
- You must be eighteen (18) years of age or older to agree to these TOS on behalf of yourself or those for whom you have legal authority to agree (such as a parent or legal guardian).
- You are at least eighteen (18) years of age or older or are at least thirteen (13) years of age with a written consent form submitted to myInnerGo by a parent or legal guardian to access or use myInnerGo Services.
- All Services are intended for educational, research and/or informational purposes only and are not meant to be used to treat or diagnose any diseases or illnesses.
- You understand we strongly recommend seeking the advice of your physician or a medical professional before undertaking any new diet, exercise or other life-changing health regimen.
- You acknowledge that we are not responsible for any injuries, illness, death or other complications that may occur as a result of any information provided to you from our Services.
- The Services may require you to collect and submit your biological sample (e.g. buccal swab).
- You are guaranteeing that the biological sample that you provide is from your person or you are agreeing to the TOS as a person representing an individual for whom you have legal authorization and that you are confirming that the biological sample you provide is from that person.
- You are giving permission to myInnerGo, its contractors and assignees to perform laboratory testing on the DNA extracted from your biological sample.
- You acknowledge and understand that myInnerGo uses a proprietary scoring algorithm as a part of its Services and we will not necessarily provide to you any raw genetic data information.
- You are giving permission to myInnerGo, its contractors and assignees to disclose to you the analyses of tests performed on your DNA (“Results”). We can provide access to this information to others you specifically authorize; this request must be done in writing.
- You agree that any biological sample you provide, and all resulting data may be transferred, processed, and/or accessed outside your country of residence.
- You acknowledge that the information you receive is based on the analysis of your genetic data and may be positive or negative.
- You are stating that you are not representing an insurance company, employer, financial institution or other entity attempting to obtain personal information about an individual.
- Whether you submit your own sample, a 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 TOS if
- you are not of legal age to form a binding contract with myInnerGo, or
- you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
- 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 TOS on behalf of yourself or those for whom you have legal authority to agree.
- Description of Service
- The Service includes access to a rich collection of resources, including various web utilities, resources and tools, software, personalized content and applications that may be accessed through any various medium or device now known or hereafter developed. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the TOS. You acknowledge and agree that the Services are provided “AS-IS” and are based on the current state of the art of Genetic research and technology in use by myInnerGo at the time of the purchase or viewing.
- Also included in the Service are the collection, processing, handling and analysis of biological samples. You understand and agree that the Services may include certain communications from us, such as service announcements, administrative messages and other forms of communication that are considered part of our membership and you may not be able to opt out of receiving them.
- You also understand and agree that our Services are completely influenced and limited by the current state and advancements in biological, scientific, health, and medical research and technology. myInnerGo continues to utilize both internal and external data and discoveries to provide the best possible information for users. As such, the information we provide is in good professional and scientific faith but is not meant to be a substitute for medical advice from a physician nor is it intended for any diagnostic use. We strongly recommend all users to consult their physician before undertaking any new diet and/or exercise regimen.
- As research progresses and scientific knowledge and technology evolve, myInnerGo is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which myInnerGo provides may change from time to time without prior notice to you.
- As part of this continuing innovation, you acknowledge and agree that myInnerGo may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at myInnerGo’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform myInnerGo when you stop using the Services unless you are requesting closure of your account. myInnerGo assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.
- In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment. You acknowledge and agree that while myInnerGo may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may appear.
- Risks and Considerations Regarding myInnerGo Services
- It is the user’s sole responsibility to provide their sample in an ethical manner. It is both illegal and against the TOS for a user to perpetrate themselves as one individual while submitting a sample from someone else or a species of animal that is not supported by the Service. You understand and agree that if myInnerGo suspects users of providing biological samples in a manner to deceive, fraud, cheat, guile, scam or otherwise, we reserve the right to invalidate all Services and limit or prevent access to future Services without notice and without refund.
- Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree that
- providing your sample is not subject to any export ban or restriction in the country in which you reside,
- your sample and data may be transferred and/or processed outside the country in which you reside, and
- you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access Services online.
- Once you obtain your sample data, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you, whether now or as Genetic research advances, will be welcome or positive. You should also understand that as research advances, for you to assess the meaning of your sample data in the context of such advances, you may need to obtain further services from myInnerGo or from your physician or other health care provider.
- You may learn information about yourself that you do not anticipate. This information may evoke strong emotions and has the potential to alter your life and worldview. You may discover things about yourself that trouble you and that you may not have the ability to control or. These outcomes could have social, legal, or economic implications.
- All myInnerGo Services are for research, informational and/or educational use only. We do not provide any medical advice and we strongly recommend you consult your physician before making any life changes or taking on new health regimens as a result of the information and Services we provide. Users should employ information from other creditable medical sources and use information received from myInnerGo as a supplemental reference.
- You should not change your health behaviors solely based on information from myInnerGo. Make sure to discuss your sample data with a physician or other health care provider before you act upon the sample data resulting from myInnerGo Services. For most common traits and health conditions, the genetic variations we know about are only responsible for a small fraction of the risk. There may be unknown genes, environmental factors, or lifestyle choices that are far more important predictors.
- Genetics research is not comprehensive. While we measure 1000 genetic markers from your genome, there are many undiscovered genetic markers related to human traits or health conditions. The research community is rapidly learning more about the genetics, and an important mission of myInnerGo is to conduct and contribute to this research. In addition, many ethnic groups are not included in genetic studies. Because interpretations provided in our service rely on these published studies, some interpretations may not apply to you. Future scientific research may change the interpretation of your genome. In the future, the scientific community may show previous research to be incomplete or inaccurate.
- You also understand and acknowledge that scientific and medical advancements can alter information provided to you and that you may be required to obtain further Services from myInnerGo or your health care provider to get access or additional assessments or analyses. We are not responsible for incomplete or inaccurate information from the scientific community as part of the ongoing research process. You understand and accept that while we have a very robust quality control and metrics screening process, some very small but unknown percentage of the data may be un-interpretable, un-analyzable or incorrect. myInnerGo does not guarantee any absence of these events and users are not entitled to any refunds as a result.
- The laboratory may not be able to process your sample, and the laboratory process may result in errors. The laboratory may not be able to process your sample if your sample does not contain enough material, or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, myInnerGo will reprocess the same sample at no charge to the user. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect (referred to as “Errors”). As this possibility is known in advance, users are not entitled to refunds where these Errors occur.
- While the components of our Services contain products and equipment that have been FDA approved, our tests have not been validated in a clinical setting. Our laboratories are not clinically certified or licensed by all state, federal, or international governing authorities for the specific purposes of genetic testing conducted for health and disease-related purposes. Our products, Services, Results and statements have not been evaluated by the Food and Drug Administration. This Service is not intended to diagnose, treat, cure, or prevent any disease.
- You understand and acknowledge that genetic information you share may cause discrimination. You acknowledge personal genetic information is a new frontier and the laws and protections against discrimination have not been clearly defined or established. The Genetic Information Nondiscrimination Act of the United States (signed into law in 2008) does not clearly establish protection against discrimination by employers and health insurance companies. You understand and accept that health insurance providers, life insurance providers, disability insurance providers, employers and others can potentially use information you share against you. We strongly suggest consulting a lawyer before providing anyone with your personal genetic information to determine the potential repercussions.
- Your Personal Information may be anonymised and used for R&D purposes to contribute knowledge to the field and further improve our Products. Part of our aim at myInnerGo is to contribute to the continual development and refinement of genetic research into health and fitness-based traits. As part of this commitment we may use some or all your Personal Information to expand and improve our current knowledge of this field. Research and development activities may include, but are not limited to:
- performing quality controls;
- trialing new protocols, techniques or equipment;
- sharing information with academic groups to advance their studies;
- performing data analysis.
- Some of these activities may result in commercialisation with a third party. As part of this process, wherever it is possible, Registration Data will be removed from Genetic Data and Self-Reported Data, which will be combined and the anonymised results pooled to draw relevant conclusions. For clarity, your Registration Data will not be shared with any third parties without your express consent unless there is a legal obligation or judicial order. You have the right to be excluded from any further studies beyond your personal use of the Products and can request this, and/or your DNA sample be disposed of at any time by contacting us at: info@geenitestid.ee.
- Modifications to Service
- at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that myInnerGo shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
- The Software that you use may from time to time automatically download and install updates from myInnerGo. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit myInnerGo to deliver these to you) as part of your use of the Services.
- You acknowledge that myInnerGo may offer different or additional technologies or features to collect and/or interpret Genetic Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Genetic Information without fee, and that you will have to pay additional fees in order to have your Genetic Information collected, processed, and/or interpreted using any future or additional technologies or features.
- Price and Payment
- The prices published by myInnerGo on the Website or through other channels apply to the Agreement and to the various Products offered on or through the Website, unless parties have agreed otherwise.
- myInnerGo reserves the right to change its prices at any time. Irrespective of any change of prices, you will be charged the price which was specified for the good when you ordered.
- All prices cited by myInnerGo are listed in euros (EUR) inclusive of VAT except where stated otherwise. Delivery charges are included in the prices quoted, except where stated otherwise.
- You can pay by credit card or other methods if applicable. The credit cards and other methods that we accept are listed in the payment section on the website. All credit card purchases are subject to validation and credit checks.
- The amount you owe to myInnerGo as result of the Agreement will be settled in advance through a safe online payments system, unless otherwise agreed in writing. You are obliged to provide myInnerGo with all information necessary to process payment correct and in full. myInnerGo will carry into effect the Agreement only after all necessary information concerning the payment authorisation has been received by myInnerGo.
- Delivery
- Time for delivery is not of the essence of any Service provided by myInnerGo. myInnerGo will make reasonable effort to ensure delivery within the stated delivery date.
- If myInnerGo becomes aware of circumstances that impede achievement of this delivery date then myInnerGo will notify you as soon as reasonably possible, indicating the revised expected delivery date.
- If the delivery is prolonged for more than thirty days beyond the original delivery date provided by myInnerGo then you have the right to terminate the Agreement and receive a full refund.
- Right of Cancellation and Refunds
- You have the right to cancel any item or service you have ordered on this Website and obtain a full refund, subject to the following:
- Where you have purchased a Service, you may cancel your purchase within seven working days of receiving the buccal swab collector kit. You must return the saliva collector kit to us unopened, unused, complete and in a re-saleable condition. Saliva collector kits which are returned for a refund must be returned with the Your statutory rights are not affected.
- We seek to ensure that you are happy with your purchases. If you are unhappy with any goods or services which you have purchased from us, please contact us at info@geenitestid.ee.
- Apart from your cancellation right, where any valid claim in respect to any item or service sold by us is based on any defect in the quality or condition of the items or service or their failure to meet specification, we shall be entitled to replace the goods or service (or the part in question) free of charge or, at our sole discretion, refund the price of the items or service (or a proportionate part of the price), but we shall have no further liability to the purchaser to the fullest extent permitted by law.
- You have the right to cancel any item or service you have ordered on this Website and obtain a full refund, subject to the following:
- Account Creation, Customer Account, Password, and Security Obligations
- In consideration of your use of the Services, you agree to:
- provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and
- maintain and promptly update the Registration Information to keep it true, accurate, current, and complete.
- In consideration of your use of the Services, you agree to:
If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if myInnerGo has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, myInnerGo has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- After you have purchased our Service and received sample collector, you will create a password, account designation and register a kit. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. If you allow third parties to access myInnerGo’s website through your username and password, you will defend and indemnify myInnerGo and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to
- immediately notify myInnerGo of any unauthorized use of your password or account or any other breach of security, and
- ensure that you exit from your account at the end of each session. myInnerGo cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
- Limited License
- You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not myInnerGo, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.
- You acknowledge that the Services content presented to you as part of the Services, whether original myInnerGo Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by myInnerGo and/or the sponsors who provide that content to myInnerGo (or by other persons or companies on their behalf). myInnerGo grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, any of the Services content except for content marked as not subject to this Limited License on the website, provided you:
- provide the Services content as it appears on the myInnerGo website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content;
- include the following attribution on the first page of any materials you distribute: myInnerGo…. All rights reserved; distributed pursuant to a Limited License from myInnerGo;
- agree you have no right to offer anyone else any further right with respect to this Services content. Aside from the Limited License provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content (either in whole or in part) unless you have been specifically told that you may do so by myInnerGo or by the owners of that content, in a separate agreement.
- Customer Conduct – Unlawful and Prohibited Use
- As a condition of your use of the Services, you warrant to myInnerGo that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore, you agree not to use the Services to:
- upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status;
- impersonate any person or entity, including, but not limited to, anyone affiliated with myInnerGo, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- “stalk” or otherwise harass another;
- upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner;
- upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of myInnerGo or any other party;
- harm minors in any way;
- advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages;
- upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law;
- upload, post, email, or otherwise transmit any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any area of the Service or have been communicated to you by anyone affiliated with myInnerGo; or
- intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
- You acknowledge and agree that you are solely responsible for (and that myInnerGo has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which myInnerGo may suffer) of any such breach. In case of breach of any one of these agreements myInnerGo has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify myInnerGo and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
- If you violate the terms of this Section and/or myInnerGo has a reasonable ground to suspect that you have violated the terms of this Section, myInnerGo has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- You acknowledge and agree that you are solely responsible for (and that myInnerGo has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which myInnerGo may suffer) of any such breach. In case of breach of any one of these agreements myInnerGo has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify myInnerGo and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
- If you violate the terms of this Section and/or myInnerGo has a reasonable ground to suspect that you have violated the terms of this Section, myInnerGo has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- As a condition of your use of the Services, you warrant to myInnerGo that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore, you agree not to use the Services to:
- Export Control and Applicable Laws and Regulations
- Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree
- that providing your sample is not subject to any export ban or restriction in the country in which you reside,
- that your sample and data may be transferred and/or processed outside the country in which you reside, and
- that you will comply with all applicable laws regarding the transmission of technical data exported from the country from which you access myInnergo’s Services online.
- Material Posted Through the Service
- myInnerGo will not always control any of the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such non- myInnerGo content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will myInnerGo be liable in any way for any non- myInnerGo content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.
- You acknowledge that myInnerGo and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. Without limiting the foregoing, myInnerGo and its designees shall have the right to remove any content that violates the TOS or is deemed by myInnerGo, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
- Material Provided to myInnerGo – Your Proprietary Rights
- User Content. myInnerGo does not claim ownership of the User Content you provide to myInnerGo (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give myInnerGo, its affiliated companies, sublicensees (including but not limited to sublicensees who avail themselves of the Limited License granted in Section 10 above) and successors and assigns a perpetual, irrevocable, worldwide, royalty- free, and non- exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for myInnerGo to make such User Content available to other companies, organizations, or individuals with whom myInnerGo has relationships, and to use such User Content in connection with the provision of those services.
- You understand that myInnerGo, in performing the required technical steps to provide the Services to our users, may
- transmit or distribute your User Content over various public networks and in various media; and
- make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media.
- Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree
You acknowledge and agree that this license shall permit myInnerGo to take these actions. You represent and warrant to myInnerGo that you have all the rights, power, and authority necessary to grant the above license.
- Genetic and/or Self-Reported Information. Disclosure of individual-level Genetic and/or Self-Reported Information to third parties will not occur without explicit consent, unless required by law. Note that myInnerGo cannot control any further distribution of Genetic and/or Self-Reported Information that you share publicly on the myInnerGo website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that myInnerGo has no obligation to do so on your behalf.
- Your sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. See our website for more information on sample processing. Any Genetic Information derived from your sample remains your information, subject to rights we retain as set forth in these TOS. You understand that you should not expect any financial benefit from myInnerGo as a result of having your Genetic Information processed; made available to you.
- Waiver of Property Rights. As stated above, 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 myInnerGo or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.
- Indemnity
- You agree to defend and hold myInnerGo, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the TOS; or your violation of any rights of another.
- If you have submitted a sample or otherwise provided your own Genetic Information, you will defend and hold harmless myInnerGo, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from analyzing your Genetic Information, which is disclosed to you consistent with our Privacy Policy or results from any third-party add- ons to tools we provide. In addition, if you choose to provide your Genetic and/or Self- Reported Information to third parties – whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes – you agree to defend and hold harmless myInnerGo, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Genetic and/or Self-Reported Information.
- No Resale of Service
- Other than pursuant to the terms of the Limited License in Section 10 of this TOS or unless otherwise agreed in a separate agreement between you and myInnerGo, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
- General Practices Regarding Use and Storage
- You acknowledge that myInnerGo may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on myInnerGo’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that myInnerGo has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of Genetic Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that myInnerGo reserves the right to change these general practices and limits in its sole discretion.
- Privacy Policy and Disclosure of Information
- In order to use the Services, you must first acknowledge and agree to the Privacy Statement. You may not use the Services if you do not accept the Privacy Policy. You can acknowledge and agree to the Privacy Policy by (1) clicking to accept to the TOS, where this option is made available to you by myInnerGo for any Service; or by (2) using the Services.
- You acknowledge and agree that myInnerGo has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Policy sets forth the only expectations of privacy any individual should have in terms of usage of the myInnergo Services, website, or other systems. If you have given consent for your Genetic Information and Self-Reported Information to be used in myInnerGo Research as described in the applicable Consent Document, we may include your information in the Aggregated Genetic Information and Self-Reported Information we disclose to third parties for the purpose of publication in a peer- reviewed scientific journal. myInnerGo may also include your information in Aggregated Genetic and Self-Reported Information disclosed to third-party non-profit and/or commercial research partners who will not publish that information in a peer-reviewed scientific journal.
- myInnerGo will never release your individual-level Genetic Information and/or Self- Reported Information to any third party without asking for and receiving your explicit consent to do so, unless required by law.
- Further, you acknowledge and agree that myInnerGo is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that myInnerGo may owe pursuant to ethical and other professional rules, laws, and regulations;
- enforce the myInnerGo TOS;
- respond to claims that any content violates the rights of third parties; or
- protect the rights, property, or personal safety of myInnerGo, its employees, its users, its clients, and the public. In such event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order.
You understand that the technical processing and transmission of the Services, including your Personal Information, may involve transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, myInnerGo may, in its sole discretion, restrict access to the website for any reason.
- Changes to the Terms of Service
- myInnerGo may make changes to the TOS from time to time. When these changes are made, myInnerGowill make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services.
- You acknowledge and agree that if you use the Services after the date on which the TOS have changed, myInnerGo will treat your use as acceptance of the updated TOS.
- Termination
- The TOS will continue to apply until terminated by either you or myInnerGo as set out in this Section.
- If you want to terminate your legal agreement with myInnerGo, you may do so by notifying myInnerGo at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to myInnergo’s address, which is set out at the beginning of the TOS, or online via Customer Care. If you provide notice online, myInnerGo 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.
- myInnerGo may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if:
- you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS);
- myInnerGo is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
- the partner with whom myInnerGo offered the Services to you has terminated its relationship with myInnerGo or ceased to offer the Services to you;
- myInnerGo 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
- the provision of the Services to you by myInnerGo is, in myInnerGo’s opinion, no longer commercially viable.
- 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 myInnergo shall not be liable to you or any third party for any termination of your access to the Services.
- Survival of Terms
- When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and myInnerGo have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of sections 1.(Definitions); 2. (Prerequisites); 3.(Description of Service); 4.(Risks and Considerations Regarding myInnerGo Services); 5.(Modifications to Service); 6.(Price and Payment); 7.(Delivery); 8.(Right of Cancellation and Refunds); 9. (Account Creation, Customer Account, Password, and Security Obligations) 10.(Limited License); 11.(Customer Conduct – Unlawful and Prohibited Use); 12.(Export Control and Applicable Laws and Regulations); 13. (Material Posted Through The Service); 14.(Material Provided to myInnerGo – Your Proprietary Rights); 15.(Indemnity);16.(No Resale of Service); 17. (General Practices Regarding Use and Storage); 18.(Privacy Policy and Disclosure of Information); 19.(Changes to the Terms of Service); 20.(Termination); 21.(Survival of Terms); 22.(Dealings with Information Providers and Listed Resources); 23. (Hyperlinks and the myInnerGo Website); 24.(myInnerGo’s Proprietary Rights); 25.(Limitation of Liability); 26.(Violation or Suspected Violation of Terms of Service); and 27. (Miscellaneous) shall continue to apply to such rights, obligations, and liabilities indefinitely.
- Dealings with Information Providers and Listed Resources
- Your correspondence or business dealings with-or participation in promotions of- information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that myInnerGo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
- Hyperlinks and the myInnerGo Website
- The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because myInnerGo has no control over such sites and resources, you acknowledge and agree that myInnerGo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that myInnerGo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
- myInnerGo’s Proprietary Rights
- You acknowledge and agree that myInnerGo (or myInnerGo’s licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by myInnerGo and that you shall not disclose such information without myInnerGo’s prior written consent.
- You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by myInnerGo, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of myInnerGo and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
- myInnerGo logos and product and service names are trademarks of myInnerGo and these marks together with any other myInnerGo trade names, service marks, logos, domain names, and other distinctive brand features are the “myInnerGo Marks”. Unless you have agreed otherwise in writing with myInnerGo, other than through the Limited License in Section 10, nothing in the TOS gives you a right to use any myInnerGo Marks and you agree not to display, or use in any manner, myInnerGo Marks.
- You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.
- Unless you have been expressly authorized to do so in writing by myInnerGo, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
- For any Software not accompanied by a License Agreement, myInnerGo grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by myInnerGo, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by myInnerGo, in the manner permitted by the TOS. Unless myInnerGo has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by myInnerGo for use in accessing the Service. Any rights not expressly granted herein are reserved.
- Limitation of Liability
- WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT myInnerGo SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF myInnerGo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICES;
- ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES,
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL,
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
- Disclaimer of Warranties
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. myInnerGo EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- myInnerGo MAKES NO WARRANTY THAT
- THE SERVICES WILL MEET YOUR REQUIREMENTS;
- THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR- FREE;
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND
- ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM myInnerGo OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. myInnerGo DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, myInnerGo SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
- Violation or Suspected Violation of Terms of Service.
- If you violate the terms of these TOS and/or myInnerGo has a reasonable ground to suspect that you have violated the terms of these TOS, myInnerGo has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
- Miscellaneous
- Entire Agreement. The TOS constitute the entire agreement between you and myInnerGo and govern your use of the Services, superseding any prior agreements between you and myInnerGo on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software
- Applicable law and arbitration. Except for any disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with myInnerGo arising out of or relating to the Agreement (“Disputes”) shall be governed by Estonian law regardless of your country of origin or where you access myInnerGo, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of The Court of Arbitration of the Estonian Chamber of Commerce and Industry, to be held in Tallinn, Estonia, in Estonian, with a written decision stating legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration costs and reasonable documented attorneys’ costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction./OR These Terms and Conditions are governed by and shall be construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England to settle any dispute that may arise.
- The failure of myInnerGo to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
- Term for cause of action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Admissibility of printed version. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Section titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
- Severability Clause. If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
- We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.geenitestid.ee or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 18 (Termination).
- Assignment: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, myInnerGo for any third party that assumes our rights and obligations under this Agreement.
- WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT myInnerGo SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF myInnerGo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
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