Legal

Terms of Use

Effective date: May 1, 2023

Welcome to Everygene. Everygene provides everyday consumers and patients easy access to hospital-grade genetic testing in collaboration with MassGeneralBrigham and downloadable access to their whole genome file. For anyone who tests positive for a condition that is identified, Everygene provides a free genetic counseling session with a licensed genetic counselor from DNA Visit and a clear action plan to take to a doctor.

Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”), including, without limitation, any request to receive information about, or to purchase or use any genetic testing kit made available through our website(s) (each, a “Product”). Your purchase or use of any Products will also be governed by any other terms made available by us to you during the sales process.

These Terms of Use (the “Terms”) are a binding contract between you and Everygene, PBC (“Everygene,” “we” and “us”). When we use the word “you” in these Terms, it refers to you and any Delegates (as defined below). Your use of the Services on your own behalf or on behalf of (i) an individual to whom you are the parent, legal guardian, caregiver or (ii) any other individual that has been granted user permissions to use our Services through your account (each, an “Delegate”) in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.

These Terms also incorporate and by agreeing to these terms you are also agreeing and consenting to be bound by the terms, conditions, requirements and consents set forth in the Privacy Policy, and any other relevant policies or accompanying terms and conditions of sale or use entered into between you and us for the sale or use of any Products. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

Everygene’s Services include coordinating among a range of third-party services providers (“Services Providers”) on your behalf. The Services Providers include Mass General Brigham’s Laboratory of Molecular Medicine, which provides genetic testing services and coordinates whole genome sequencing services through Broad Clinical Labs, and DNAvisit, which provides genetic counseling services. These Terms relate to the Services you receive from Everygene. The terms, conditions, requirements and policies in respect of your use of services from the Services Providers are available as follows (“Services Provider Terms”):

DNAvisit Terms of Use, Privacy Policy and Consent to Genetic Counseling and Telehealth

Mass General Brigham Terms of Use and Privacy Policy

Broad Clinical Labs Terms and Conditions and Privacy Policy

By accepting these Terms, you verify that you acknowledge that you have read and hereby accept the terms, conditions and policies set forth in the Services Providers documents linked above, and incorporated herein by reference.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will these Terms ever change?

We are constantly trying to improve our Products and Services, so these Terms may need to change along with our Products and Services. We reserve the right to change the Terms at any time, but if we make any material changes, we will place a notice on our site located at everygene.com, send you an email, and/or notify you by some other means.If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Everygene takes the privacy of its users very seriously. For the current Everygene Privacy Policy, please click here.

Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). We do not knowingly collect or solicit personally identifiable information from children under thirteen (13) without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”), except for the limited amount of personally identifiable information we need to collect in order to obtain Parental Consent (“Required Information”). Until we have received Parental Consent, we will only use Required Information for the purpose of obtaining Parental Consent. If you are a child under thirteen (13), please do not attempt to register for or otherwise use the Services or send any personal information about yourself to us before we obtain Parental Consent, except for the Required Information in the context of the Parental Consent process. If we learn we have collected personal information from a child under thirteen (13), we will delete that information as quickly as possible. If you believe that a child under thirteen (13) may have provided us with personal information (beyond the Required Information) without our obtaining Parental Consent, please contact us at support@everygene.com. If you are using the Services on behalf of an Delegate under thirteen (13), you represent and warrant that you are such Delegate’s parent or guardian and you agree not to provide Everygene with any information about such child, including but not limited to Personal Data (as defined in the Privacy Policy), biological samples, or Genetic Data (as defined in the Privacy Policy) unless you have provided Parental Consent and ordered a genetic testing kit specifically for such Delegate.

Health Insurance Portability & Accountability Act

In using certain components of the Services, you may also provide certain medical information that may be protected under applicable laws. Everygene is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). It is important to remember that, while state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with Everygene, or the health care providers associated with the Services. To the extent that Everygene is deemed a “business associate” however, and solely in its role as a business associate, Everygene, may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the health care providers (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA (45 CFR 164.514).

What are the basics of using Everygene?

You may be required to sign up for an account, select a password and username (“Everygene User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself and any Delegates. You may not select as your Everygene User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf), as described above.You will only use the Services and Products you obtain for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, except for Delegates, and only in a manner that complies with all laws that apply to you. In the event you are using the Services on behalf of a Delegate, you represent and warrant that you have full rights and are authorized to provide to Everygene all information that you submit to Everygene on behalf of each Delegate, including but not limited to Personal Data, biological samples, and Genetic Data, in the manner in which you provide it. If your use of the Services or Products is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services or Products in a way that breaks the law.You will not share your Everygene User ID, account or password with anyone, and you must protect the security of your Everygene User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Everygene User ID and account.

How do get my genetic test results?

Once you have agreed to all of our terms and conditions, you may request a DNA testing kit. An independent physician from DNAvisit will review your request. Following DNAvisit medical professional’s issuance of an order, MassGeneralBrigham will arrange to have a genetic testing kit containing all of the tools and instructions you will need to collect and return your biological sample as specified in the test kit. MassGeneralBrigham will coordinate the performance of the test and sequencing with Broad Clinical Labs. Once the sequencing is complete, MassGeneralBrigham will review and analyze the sequence, write and sign out a report from a clinician, and DNAvisit will write a cover letter. When completed, you will receive your whole genome sequence results, plus the reports from MassGeneralBrigham and DNAvisit. If the results are positive for the conditions that we screen, you will also receive a free, opt-in genetic counseling session from DNAvisit and an action plan to take to a doctor through the Everygene portal, which may be funded by one or more third party non-profit foundations with which we have relationships, but such funding does not commit you to any additional terms or conditions. DNAvisit will also append the report to your electronic health record, but you may elect to opt-out of having DNAvisit incorporate the report into your electronic health record.Any biological samples that are not sent in compliance with these instructions will be rejected and are subject to immediate destruction. We will not return any biological samples you send to us for any reason.

Risks and Considerations

Our genome sequencing test sequences the entire genome and provides genetic risk information based on assessment of specific genetic variants included in each report, so that you can choose what areas to investigate, when you want. The test does sequence the entire genome but does not automatically report on your entire genetic profile. As genomics discoveries advance, our test may not detect all genetic variants related to a given disease, and the absence of a variant tested does not rule out the presence of other genetic variants that may be related to the disease.Once you obtain your genetic information, the knowledge is irrevocable. You should not assume that any information provided to you, whether now or as genetic research advances, will be welcome or positive. As research advances, you may need to obtain further Services from Everygene, your physician, a genetic counselor, or other healthcare provider. We provide access to a genetic counselor, board-certified clinical molecular geneticist, to discuss the results of your test, included in the price of your test.Some people feel a little anxious about getting genetic health results and you may learn information about yourself that you do not anticipate. This is normal. If you feel very anxious, you should speak to your physician or a genetic counselor prior to collecting your sample for testing. Additionally, you may discover things about yourself that trouble you and that you may not have the ability to control or change (e.g., someone with your genotype may have a higher than average chance of developing a specific condition or disease).

No Medical Advice; Not for Emergencies

Everygene partners with third party medical providers and hospital-grade genetic testing related services, but Everygene does not directly offer medical advice or diagnoses, or engage in the practice of medicine. Any medical advice or diagnoses that you may receive is provided through the applicable Services Provider and are subject to the applicable Services Provider Terms. Our Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment and are offered for informational and communicative purposes only. The Services are not intended to be, and must not be taken to be, the practice of medicine, nursing, pharmacy or other healthcare advice by Everygene.Everygene does not make any representations, warranties, or other commitments or guarantees, whether express or implied, concerning Services Providers. By using the Services, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with certain of the Services Providers. We do not control or interfere with any professional service provided by such Services Providers, each of which is solely responsible for their provision of professional services rendered via the Services.THE SERVICES SHOULD NEVER BE USED AS A SUBSTITUTE FOR EMERGENCY CARE. IF YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, YOU SHOULD SEEK EMERGENCY TREATMENT AT THE NEAREST EMERGENCY ROOM OR DIAL 911.

Not a Medical Device

The Services, Content and our Products are not medical devices and are not intended to be used as medical devices. Furthermore, the Services and the Products are neither regulated nor approved by the U.S. Food and Drug Administration, and are not designed to detect or prevent causes of any medical condition. The Services and Content are not a substitute for medical care. You acknowledge, understand and agree that your use of the Services, Content and Products is entirely at your own risk.

Telehealth Services

Everygene may help coordinate and provide a portal for DNAvisit to provide certain telemedicine services to you.Telehealth involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:

(a) Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
(b) Interactions between a patient and health care provider via audio, video, and/or data communications; and
(c) Use of output data from medical devices, sound, and video files.

The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and will include measures to safeguard your data to ensure its integrity against intentional or unintentional corruption or unlawful access. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. Telehealth services are not a substitute for in-person care in all cases. In order to use the Service, you will be required to review and agree to DNAvisit’s Consent to Genetic Counseling and Telehealth (the “Telehealth Consent”). You agree that Everygene is a third-party beneficiary of the Telehealth Consent.

Informational Services.

The health and wellness resources made available through our Services are for informational purposes only, and are not a substitute for direct in-person health care services in all cases; nor are they an indicator of specific results. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider.No Insurance Accepted; Notice of Your Financial Responsibility.With respect to the Services, Everygene and the Services Providers are not in-network with any commercial health insurance plans, and are not enrolled with federal or state health care programs, such as Medicare and Medicaid. By choosing to use the Services, you are specifically choosing to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state health care program. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a federal health program beneficiary, you agree that neither you, Everygene, any physician practices, or any of the health care organization(s) or provider(s) with whom we partner to provide health care services to you will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services.

Failed Tests

The independent laboratory that we use 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 saliva does not contain a sufficient volume of DNA, you do not provide enough saliva, or the results from processing do not meet our standards for accuracy.The laboratory may not be able to process your sample, if the results from processing do not meet our standards of accuracy. Our policy for re-processing failed samples is below:If the initial processing fails for any of above reasons, we will reprocess the same sample at no charge to you.If the second attempt to process the same sample fails, we will offer to send another sample collection kit to the user to collect a second sample at no charge.If the second attempt to process the sample is unsuccessful, we will not send additional sample collection kits and the user will be entitled solely and exclusively to a complete refund of the amount paid to us, less shipping and handling.

Participation in Research

Everygene is focused on moving human research forward in order to advance medical developments and help everyone benefit from the human genome and research is an important part of that goal. By using the Services, you understand that Everygene will de-identify your data and will engage in a variety of research initiatives based on de-identified data and information that Everygene receives in connection with the research. The use of the data cannot be connected back to you individually because there is no way to identify that the data came from you. We will only use your genetic information for our research purposes in accordance with the Research Consent. By agreeing to these Terms, you are consenting to participate in research as set forth in the Research Consent [link].Additionally, and not outside of any research that Everygene may conduct, Everygene may provide you with information about third party research programs that may be of interest to you. Everygene will not provide your information (genetic or otherwise) to any third party without your consent. You will need to opt-in to participation in any third party research and you can opt-out at any time, as described in the Research Consent [link].

What about messaging?

As part of the Services, you may receive communications through the Services, including messages that Everygene sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Everygene to send you information that we think may be of interest to you, which may include Everygene using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Everygene, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Everygene. You agree to indemnify and hold Everygene harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as that term is defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

infringes or violates the intellectual property rights or any other rights of anyone else (including Everygene);
violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Everygene;
is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
jeopardizes the security of your Everygene User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
facilitates the development of software, including, but not limited to using Content to train machine learning or artificial intelligence models;
copies or stores any significant portion of the Content; or
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Products or Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Everygene's) rights.Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Everygene owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.To be clear, you own your Genetic Data and are free to use Genetic Data owned by you for any purpose.

Who is responsible for what I see and do on the Services?

Any information, including but not limited to any biological samples or Genetic Data, or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such biological samples, Genetic Data or Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information, Genetic Data or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use any Genetic Data or Content or what actions you may take as a result of having been exposed to the Genetic Data or Content, and you hereby release us from all liability for you having acquired or not acquired Genetic Data or Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.You are responsible for all Content, including but not limited to any biological samples or Genetic Data, you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.The Services may contain links or connections to third-party websites or services that are not owned or controlled by Everygene. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Everygene is not responsible for such risks.Everygene has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or services or by any third party that you interact with through the Services. In addition, Everygene will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Everygene shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Everygene is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Everygene, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Will Everygene ever change the Services?

We’re always trying to improve our Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Do the Services cost anything?

Certain Products and Services may be provided at no cost under circumstances described in the Services, but we reserve the right to change our policies and charge for certain or all Products and Services in the future. We will notify you before any Products or Services that you are then using without charge begin carrying a fee, and if you wish to continue using such Product or Services, you must pay all applicable fees for such Products and Services.Products are offered at the prices set forth on our [KIT ORDERING] page[LINK], and you may choose to purchase Products through the everygene.com website or our mobile applications. Everygene may limit or cancel quantities of Products purchased, and it reserves the right to refuse any order. In the event Everygene needs to make a change to an order, it will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. The prices displayed are quoted in U.S. currency and are valid only in the United States. Prices are subject to change at any time. Sales tax will be determined by the shipping address of the order and will automatically be added to the order. Everygene is required by law to apply sales tax to orders to certain states. Purchased Products will be shipped to the shipping address of the order. [Information about our shipping rates and return policy can all be found on our Frequently Asked Questions page[LINK].] Any payment terms presented to you in the process of purchasing Products are deemed part of these Terms.Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.

Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. [Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to purchase Products, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any such Products in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. By using the Services, we will coordinate payment to the Services Providers from the fees you pay to us, and you will not receive separate invoices from the Services Providers.
No Refunds. Except as may be required by applicable law or expressly set forth herein, payments are non-refundable and there are no refunds or credits for partially used Services.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS[LINK]. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SUBSCRIPTIONS UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SUBSCRIPTIONS AS SET FORTH ABOVE.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges.

What if I want to stop using the Services?

You’re free to do that at any time through the account settings feature in the Site or by contacting us at support@everygene.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.Everygene is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Everygene has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.Account termination may result in destruction of any Content, including any biological samples or Genetic Data, associated with your account, so keep that in mind before you decide to terminate your account. We will also notify the Services Providers that you have requested that your account be deleted.If you delete your account, your Content and data identifying you will be deleted and destroyed. However, you understand and agree that we will maintain and preserve a copy of the whole genome sequence, your electronic health record and report in a manner that does not identify you, and cannot be re-identified to you.If you have deleted your account by mistake, contact us immediately at support@everygene.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

What else do I need to know?

Warranty Disclaimer. Everygene and its licensors, suppliers, independent medical professionals, independent genetic testing labs, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Everygene and all such parties together, the “Everygene Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services or any Products, and the Everygene Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Everygene Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services including, without limitation, any Products, including genetic testing kits. Products, including but not limited to genetic testing kits, and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS-IS” and without any warranty of any kind from the Everygene Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES, PRODUCTS, GENETIC TESTING KITS, AND CONTENT ARE PROVIDED BY THE EVERYGENE PARTIES ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES OR PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE EVERYGENE PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO EVERYGENE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.Indemnity. You agree to indemnify and hold the Everygene Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account) and any Products, and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).If you have submitted a biological sample or otherwise provided information, whether on your behalf or on behalf of an Delegate, you agree to indemnify and hold the Everygene Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to the use or disclosure of any Content or other information obtained from analyzing your biological sample and/or your 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 information or the information of an Delegate 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 indemnify and hold the Everygene Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to such disclosure or use of information.Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Everygene's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Everygene and limits the manner in which you can seek relief from Everygene. Both you and Everygene acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Everygene's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in [VENUE]. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Everygene will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Everygene will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.(c) Small Claims Court; Infringement. Either you or Everygene may assert claims, if they qualify, in small claims court in New York, NY or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.(d) Waiver of Jury Trial. YOU AND EVERYGENE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Everygene are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Everygene over whether to vacate or enforce an arbitration award, YOU AND EVERYGENE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Everygene is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 55 Post Road West, 2nd Floor, Westport, CT 06880 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Everygene to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Everygene agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, [VENUE], or the federal district in which that county falls.(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Everygene.Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Everygene may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Everygene agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Everygene, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Everygene, and you do not have any authority of any kind to bind Everygene in any respect whatsoever.Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and Everygene agree there are no third-party beneficiaries intended under these Terms.