Terms of Service

HumanCode Terms of Service

Version 1.0

Last update Sept 26, 2017

Welcome and thank you for your interest in HumanCode, Inc. (“HumanCode,” “we,” “our,” or “us”). HumanCode delivers an online experience for consumers to access and share their DNA through our websites, family of mobile applications (“Apps”), the HumanCode website at www.humancode.com (“Website”) and social media pages (collectively, “Sites”). Your use of the Sites (account registration, logging self-reported information, viewing genetic and other results), and any services provided by or on behalf of HumanCode (the “Services”) are governed by the following terms and conditions (“Terms of Service”).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING AND USING THESE SERVICES OR BY OTHERWISE INDICATING YOUR CONSENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.  THIS INCLUDES OUR PRIVACY POLICY AND CONSENT (COLLECTIVELY, THE “TERMS”). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES. THESE TERMS OF SERVICE INCLUDE YOUR AGREEMENT TO BINDING ARBITRATION RATHER THAN COURT.  YOU AGREE TO THE ARBITRATION AND CLASS ACTION WAIVER DESCRIBED IN THESE TERMS AND CONDITIONS TO RESOLVE ANY DISPUTES WITH HUMANCODE.

Eligibility

By using the Services, you represent and warrant to us that you are (i) at least 18 years or older, (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, (iii) you have reviewed and agree to the Consent, Privacy Policy, and Terms of Service, and (iv) reside in the U.S. If you do not meet these requirements, you must not access or use the Services.

Description of Services

HumanCode provides an online experience allowing you to interact with your DNA for the sole purpose of educating, informing, and entertaining. Medical or diagnostic advice is not provided. Services are available through our Sites.  We partner with Helix, OpCo LLC (www.helix.com) (“Helix”) to bring you a suite of Apps that enables you to explore a portion of your DNA sequence.  Helix offers a saliva kit (“Kit”) for purchase.  This is a requirement if you choose to use the full functionality of our Sites.  The Kit is sent to you with instructions on how to provide a sample.  The sample is then mailed to their laboratories and processed.  A portion of the data is sent to us and we deliver the results to you.  

When you purchase the Kit from Helix, you are subject to their Terms of Service, Consent, and Privacy Policy.  Please refer to helix.com for more information.

Changes to these Terms of Services and the Services

We may revise and update the Terms of Service from time to time and post the update on our Site. The version number and date will be clearly visible at the top of the document.  We will make any new terms available to you if you have opted in to our communication methods.  All changes are effective immediately when we post them, and they apply to the access and use of the Services from that point onward. If you use the Services after we post the revised Terms of Service, you acknowledge and agree to latest version. We reserve the right to withdraw or amend the Services or any portion thereof 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.

Consideration Before Using HumanCode Services

Understanding our unique genetic architecture and how that influences life – past, present and future – should be available to all.  At HumanCode, we want to be a conduit for unlocking discoveries around traits, health, wellness, ancestry and more.  Before starting your journey, however, it’s important to understand that there may be irrevocable and unavoidable outcomes by knowing more about your DNA makeup. One or many genes working together influence outcomes that may equate to something unforeseen in different people and with different ethnicities. Every day science is uncovering information about the confluence of genes, environment, and lifestyle. This will inevitably lead to changes in our current thinking, correct inaccuracies, and confirm what we already understand. Given the ever-changing landscape of genomics, please carefully consider the summary points below before purchasing our Services.

    1. Our Services are not intended to provide any medical advice or diagnosis. The information is educational, informative, and entertaining.  
    2. Behavior changes based on genetic information alone are not recommended nor do we warrant any actions that may arise from obtaining genetic information.
    3. It is important to speak with a healthcare professional such as a genetic counselor before making any conclusions about the information you receive.  Learn more about working with a Genetic Counselor at humancode.com.
    4. Results may reveal information that is difficult to process and could lead to feelings of surprise, anguish, anger, fear and sadness.  You may find out information that you didn’t want to know.  Please be prepared for these outcomes and plan accordingly.
    5. Genomic research is a burgeoning field that is still in its infancy. Researchers are making new discoveries every day, some of which change the course of science, but much more is still to be revealed.  Given this, please be cognizant of the limitation of genetic testing and be aware that your genes are not necessarily your destiny. Environment, lifestyle, and chance function alongside our genetic predispositions.
    6. Science has not discovered all the genetic interactions that are possible in our unique genomes.  Given this, it is impossible to unequivocally relate your DNA code to your past, present, or future.
    7. The science we deliver to you is based on results derived from well-controlled Genome-Wide Association Studies (or “GWAS”).  Some research is based on specific ethnic groups that may differ from your ethnicity or genetic background.  This could lead to inconclusive results.
    8. HumanCode does not gain access to, store, or analyze your entire sequence.  We only get access to the information we need for the App you purchased.  And with that, we only evaluate the information related to the data we provide.  If you use another App or evaluate your sequence in the future by some other means, you may find out information that you did not expect that is either helpful or troubling.     
    9. Sharing genetic and personal information online, with friends and family members, and with healthcare professionals may have irrevocable and unintended consequences.  Please read the HumanCode Privacy Policy for further information about how we handle your Genetic Information and your options for disclosure.
    10. You take responsibility for sharing your information.  Get consent before linking with friends and family.  Privacy consideration is critical for yourself, your family, and others that you connect with via social media channels.
    11. Genetic predictions may not always be accurate, and our trait prediction methodology is not error-proof.  You must accept a level of uncertainty in the data. Results are often provided as an interpretation based on probability or risk.  

Accounts and Activation/ Registering for and Accessing the Services  

We are delighted that you are interested in learning about and using the HumanCode Services.  It’s important to note, however, that as you embark on the quest to understand your DNA and other personal information, you must abide by requirements set forth in our Website and App. To use any of the HumanCode Services, regardless if you have purchased a Helix Account, you must register using the Website or App.  The required information includes: your name, email address, date of birth, and sex.

By creating an account and registering for the Services, you represent and warrant that the information provided is accurate, current and complete. You also agree that all information, in any matter that it’s given, is governed by our Privacy Policy and Consent. Plainly, you consent to HumanCode to use your information in ways that are consistent with those two policies. HumanCode cannot and will not be liable for any loss or damage that results from your failure to comply with these obligations.

HumanCode Services are run from a computer or mobile device. An internet connection is necessary to use and access the Services.  Please note that you are responsible for all hardware, software, and security measures required to use the Services including but not limited to: (i) paying for Internet access fees, (ii) providing the equipment required for Internet access, (iii) 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, and (iv) practicing safe and secure methodologies to avoid internet fraud.

When you create an account, you agree to abide by the following security measures:

  • Choose a secure password and treat it as confidential
  • Do not let someone else access the Services using your username, password or other security information
  • Inform us of unauthorized access of your username or password or any other breach of security by contacting us at help@humancode.com
  • Exit from your account at the end of each session

Payment

All Services and Products are to be paid for in US Dollars. If you pay with a credit card, HumanCode or Helix may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover the fees. If you decide that you no longer want the Service, please contact us immediately. If a refund for products or Services is approved, you will receive a refund on the purchasing card, if applicable, less shipping and handling fees.

Disclaimers; No Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HUMANCODE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, AND NON-INFRINGEMENT. (2) HUMANCODE MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED USING THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HUMANCODE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. HUMANCODE DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, HUMANCODE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES. (6) HUMANCODE CAN CHANGE THE PRICE AT OUR DISCRETION AT ANY TIME. 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.

User Submissions

HumanCode may enable you to add, create, submit, distribute or post certain content, including, without limitation, text, photos, data, graphics, and information (including, without limitation, personal information and location based services information) (each, a “User Submission”) through the Service. By submitting any User Submission on or through the Service, you (a) acknowledge that you are publishing such User Submission, and that you may be identified publicly by your username in association with such User Submission; (b) understand that whether or not such User Submission is published, HumanCode does not guarantee, and is not under any obligation of, confidentiality with respect to any User Submission, and agree that any User Submission provided in connection with the Service is provided on a non-proprietary and non-confidential basis; (c) represent and warrant that you own or have all necessary rights and permissions to use and authorize HumanCode and users of the Service to use all intellectual property rights in and to any User Submission, and to enable inclusion and use thereof in connection with the Service; (d) represent and warrant that your User Submission does not infringe or violate the rights of any third party, including, without limitation, any copyright, trademark, patent, or other intellectual property or proprietary right, or any right of privacy; (e) grant HumanCode a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works based upon, display, perform, and otherwise exploit, the User Submission in connection with providing the Service; (f) without limiting subsection (e) above, agree that HumanCode shall have the right, but not the obligation to, edit, delete, modify, reformat, or translate any User Submission submitted by you, at any time, without notice to you, and for any reason (including, without limitation, upon receipt of a claim relating to such User Submission, or if HumanCode is concerned that you may have violated these Terms of Service), or for no reason; and (g) grant each user of the Service a non-exclusive license to access your User Submission through the Service and to use, reproduce, distribute, display, perform, and prepare derivative works based upon, such User Submission solely for personal non-commercial uses.  You further acknowledge and agree that you shall be solely responsible for any User Submission submitted by you and to the consequences of posting or publishing such User Submission. You understand that when using the Service, you may be exposed to User Submission from a variety of sources, and that HumanCode is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such User Submission. You may be exposed to User Submission that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against HumanCode with respect thereto and you agree to indemnify and hold HumanCode, its affiliates and their respective directors, officers, employees and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Service.

Copyright Policy – DMCA Notice.

It is HumanCode’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify HumanCode’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on the Service; (d) Information reasonably sufficient to permit HumanCode to contact you, such as your address, telephone number, and, e-mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to the following DMCA Agent:

Attn: Copyright Agent

HumanCode

3457 Ringsby Ct.

Unit 101-A

Denver, CO 80216

 

HumanCode may at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Limitation of Liability

IN NO EVENT WILL HUMANCODE, PARTNERS, AFFILIATES OR 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.  FURTHER INCLUDED ARE ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE FROM THE SERVICES, YOUR FAILURE TO KEEP YOUR GENETIC INFORMATION DETAILS SECURE AND CONFIDENTIAL, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA , 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.  HUMANCODE’S CUMULATIVE LIABILITY FOR ANY CLAIMS, LOSSES, DAMAGES, SUITS, FINES, FEES, OR OTHER COSTS OR EXPENSES ARISING OUT OF OR RELATED TO THE SERVICES SHALL BE LIMITED TO THE FEES PAID BY YOU FOR THE AFFECTED SERVICE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Dispute Resolution and Arbitration

If a dispute arises between you and HumanCode, our objective is to provide users a neutral and cost effective channel for resolving the dispute swiftly and fairly.  With that, you agree to first contact HumanCode (help@humancode.com or 800-208-4104) to review the problem and seek a resolution. If HumanCode is not able to resolve the issue, then such dispute will be resolved through binding arbitration rather than in court.  The only exception is for disputes relating to the infringement or other misuse of intellectual property rights.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AND CONDITIONS AS A COURT WOULD. To begin an arbitration proceeding, you must send a certified letter requesting your claim to HumanCode, 3457 Ringsby Court, Unit 101-A, Denver, CO 80216.  The arbitration will be administered by the American Arbitration Association (“AAA”) and will follow the rules of the AAA (“AAA Rules”), as modified by these Terms of Service.

Any arbitration hearing will be held in Denver County, Colorado and conducted in the English language.

If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as set forth in the Federal Rules of Civil Procedure Rule 11), then the AAA Rules will apply regarding payment of arbitration costs. The AAA Rules and fees are available online at www.adr.org or can be obtained by calling the AAA at 800-778-7879. You and HumanCode both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and HumanCode agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. Further, unless both you and HumanCode agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Waiver and Severability

No waiver of these Terms of Service by HumanCode shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of HumanCode to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.

Indemnification

You agree to defend, indemnify, and hold harmless HumanCode, its partners, officers, directors, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of the following: (i) the conditions set forth in these Terms of Service, (ii) your use of the Services, including, without limitation, any use or sharing  of the content, services, and products of the Services or (iii) any conditions or claims resulting in a violation of our Privacy policy.  If you have provided self-reported information online, given your information to healthcare professionals, or submitted information about others without their explicit consent and the result causes harm or damage, you defend, indemnify, and hold harmless HumanCode, its partners, officers, directors, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees).

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services in any way that violates any applicable federal, state, local or international law or regulation. You also agree not to: use the Site in any way that could disable, overburden, damage, or impair the Site; 
use the Site in any way that could interfere with any other party’s use of the Services; 
reverse engineer, copy, modify or create derivative works of the software used in the HumanCode account or any HumanCode product or Service;
 use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site, unless explicitly permitted by HumanCode; market, sell, transfer, or otherwise make available to any other person or entity any data collected from, or derived from data collected from, the Site (excluding your Genetic Information), for any commercial, political, market surveying or other purpose, whether in aggregated or bulk form or otherwise;
 engage in framing, mirroring, or otherwise simulating the appearance or function of the Site or Services;
 use any device, software or routine that interferes with the proper working of the Site;
 introduce any viruses, Trojan horses, worms, or other material which is malicious or technologically harmful; 
attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; attack the Site via a denial-of-service attack or a distributed denial-of-service attack; attempt to bypass methods that HumanCode may use to prevent or restrict access to the Site or Services; access or attempt to access another customer’s HumanCode Account; or otherwise attempt to interfere with the proper working of the Site.

Intellectual Property Rights

The Website and App and their 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 HumanCode and subject to the U.S. and international copyright laws. You may not display, reproduce, distribute, modify, transmit, or otherwise use the contents of the website in any way for any public or commercial purposes, without written permission. You are authorized to use this material only for personal, non-commercial purposes. You may print or download information on our site for your own personal, non-commercial use.

Trademarks

The HumanCode name and logo, as well as BABYGlimpse, are trademarks of HumanCode. You must not use trademarks without the prior written permission of HumanCode. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

Third party links

We want your experience with the Services to be enriching and informative.  With that, Humancode.com or our Apps may contain links to other websites or resources.  You acknowledge and agree that our company is not liable, does not govern, nor have any responsibility over such sites or resources.  This includes but is not limited to the accuracy of websites or resources, content, advertising, products, community comments, or other such information.  The inclusion of any link on this website does not imply that our company endorses the linked site.

Geographic restrictions

HumanCode is a United States company and provides Services only 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.

Termination

These Terms shall continue to have full force and effect unless and until terminated by HumanCode. HumanCode may terminate, suspend or restrict any provision of these Terms and the Service or Sites at any time in its sole discretion and without notice to you.

If you want to terminate your legal agreement with HumanCode, you may do so by notifying us in writing informing us to close your accounts. Your notice should be sent, in writing to HumanCode, 3457 Ringsby Court, Unit 101-A, Denver, CO 80216 or by emailing us at help@humancode.com

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 HumanCode shall not be liable to you or any third party for any termination of your access to the Services.

Contact Information

If you have any question, comments or complaints, please contact us at help@humancode.com or 800-208-4104.

For information pertaining to our Privacy Policy, please visit our website at www.humancode.com, email help@humancode.com or call us at 800-208-4104.