Terms of Service

Last Updated: December 7, 2020

This genetic testing terms of service (the “​Agreement​” or “​Terms​”) is an agreement between you and Aiwa Health Inc. dba Probably Genetic (collectively, “​Probably Genetic​”, "​us​", "​our​" or"​we​") and sets forth the legally binding terms for your use of genetic testing services purchased or received through our website ​www.probablygenetic.com or any other websites controlled or operated by us, such as the online symptom checker and the physical genetic test kit based on providing a sample. “​Genetic Test​”, "​Service​" or "​Services​" means Probably Genetic'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.

Please read the Terms carefully before using or ordering the Genetic Test.

By using the Services you agree to be bound by these Terms. If you are accepting these Terms for another person (“​Family Member​”) as such Family Member’s guardian, conservator, or custodian, or as parent of a minor child, you agree to the terms, conditions, and notices contained or ​referenced herein on behalf of such Family Member.

Probably Genetic may also provide other services to consumers including through our website, and the Website Terms govern your use of the website. Please read the Website Terms carefully before using ​Probably Genetic’s services.

Please refer to our Notice of Privacy Practices to learn how Probably Genetic collects, uses, shares and protects your Protected Health Information (as defined under the Health Insurance Portability and ​Accountability Act of 1996).

Note that these Terms are in addition to the Website Terms and supersede any terms where there is a conflict between those terms and these Terms. If you do not agree to any of the terms of the Notice of Privacy Practices, Website terms or the Terms, you must not use and you must discontinue using any of ​our services or products.

You Consent to Contact through Electronic Communications​.

You consent to having this agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with information in connection with Services or otherwise sign up for a Genetic Test or provide any contact information, including an email address or telephone number in connection with that activity, product or service, you agree that this action constitutes a purchase or inquiry establishing a ​business relationship with us.

Our Services, including Genetic Tests are for research, informational, and educational use only​.

Registration Obligations. In consideration of your use of the Site, you represent and agree that you are of legal age to form a binding contract and will provide true, accurate, current and complete information about yourself as prompted by Site for becoming a registered user or member. You do not have to become a member of the Site to use the Site. We reserve the right to deny, in our sole discretion, any user access to the Site without notice for any or no reason.

We do not provide medical advice. As a result of the current state of genetic knowledge and understanding, the information from the Genetic Test provided by Probably Genetic is for research, informational, and educational use only. You understand and agree that the GeneticTest is an informational test and not a diagnostic test, and that its results are intended solely for use by a healthcare provider. The Genetic Test is not intended to be a substitute for professional medical advice. Probably Genetic does not provide medical services, diagnosis, treatment, or advice. Nothing contained in the Genetic Test results or made available through the Genetic Test service(s) (e.g., consults with Probably Genetic’s independent physician network, genetic counselors or clinical pharmacists) is intended to constitute medical advice, the practice of medicine, or the provision of medical care or to ​otherwise create a patient-healthcare provider relationship between Probably Genetic and you. You ​should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.

We do not endorse, warrant or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned as part of the Genetic Test or Services. If we provide to you on our website any recommendations that identify for you, based on your Genetic Information and Self-Reported Information (as defined below)and scientific literature or research, potentially actionable information, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. "​Self-Reported Information​" means information you provide to us, either through the use of the Genetic Test or through a third party, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your Probably Genetic account or that you authorize a third party to provide to Probably Genetic. Reliance on any information you provided to Probably Genetic by Probably Genetic employees is solely at your own ​risk.

The Genetic Test is intended for individuals located and residing in the United States. However, the Genetic Test may not be available in certain U.S. states. You will be notified if the Genetic Test is not available in the state in which you are located. You agree that any and all data you provide or make available in connection with the Genetic Test shall relate only to users located in the United States. By using the Genetic Test, you confirm that you are located in the United States when you receive the ​Services.

Your Representations

By accessing the results of a Genetic Test, you agree to, acknowledge, and represent as follows:

You understand that information you learn from Probably Genetic is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that the Genetic Test is intended for research, informational, and educational purposes only, and that while Probably Genetic information might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that Probably Genetic urges you to seek the advice of your physician or other health care provider if you have questions or concerns ​arising from your Genetic Test.

You give permission to Probably Genetic, its contractors, successors and assignees to perform genotyping services on the DNA extracted from your saliva, cheek swab or blood sample and you specifically request Probably Genetic to disclose the results of analyses performed on your DNA to you and to others you specifically authorize. The DNA extracted from your samples will be converted into a ​digital file that represents your raw genetic information which we refer to as your “genetic information”.

You are guaranteeing that any sample you provide is your saliva, blood or cheek swab; if you are agreeing to these Terms on behalf of a person for whom you have legal authorization, you are ​confirming that the sample provided will be the sample of that person.

You are warranting that you are not an insurance company or an employer attempting to obtain ​information about an insured person or an employee. You warrant that you are at least 18 years of age.

You take responsibility for all possible consequences resulting from your sharing with others access to ​your Genetic Information and/or your Self-Reported Information.

You warrant that you will not use the Services for any purpose that is unlawful or prohibited by law or by any Probably Genetic terms, conditions, or notices.

Waiver of Property Rights

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 Probably Genetic or its collaborators. 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.

You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations,Probably Genetic 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 Probably Genetic and its affiliates ​against any liability, costs, or damages arising out of the breach of the representation.

Consents on Disclosure of Information

If you have given consent for your genetic information and Self-Reported Information to ​be used by Probably Genetic as described in the applicable informed consent document, we may disclose your information to third parties as described in the applicable Consent Document.Probably Genetic may study a specific group or population; identify potential areas or targets for therapeutics development; conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions; work with public, private and/or non-profit entities on genetic research initiatives; or otherwise create, commercialize, and apply any data or information you provide or that is derived from the data you provide to improve health care. Probably Genetic will not release your genetic information and Self-Reported Information in a personally identifiable format to any third party without asking for and receiving your explicit consent to do so, ​unless required by law, except to our service providers and others acting on our behalf.

Use of your information and samples after the Genetic Test is complete

We store your genetic sequencing and related data as required by applicable laws and regulations, and we may use this data to conduct subsequent testing or analysis but will only share it in a personally identifiable format in the event that (a) you consent to any new product or service offering; or (b) our review of medical literature and/or changes in technology indicate that such analysis is useful or necessary to confirm results provided. Such subsequent testing or ​analysis may also require an updated physician order.

You acknowledge and agree that Probably Genetic may de-identify the sequenced genetic information and aggregate this genetic information with de-identified genetic information from other clients for research performed for new product development purposes. De-identification means that personal identifiers associated with your genetic information will be removed. The de-identified genetic variants may be submitted by Probably Genetic to public variant databases like ClinVar to advance medical research. Your genetic information, Self-Report Information, and results may each also be de-identified, stored and used for internal quality assurance; internal validation studies; ​improvement of all current product areas thatProbably Genetic offers; business ​intelligence; and in publications authored solely by Probably Genetic, disclosing only aggregated ​information (which publications may include, for example, de-identified family history) as well as for developing and offering new products and services and commercialization of services, therapeutics, diagnostics and other offerings with a third party.

Risks

Once you obtain the results of your Genetic Tests (your “Genetic Information”), 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, in order for you to assess the meaning of your DNA in the context of such advances, you may need to obtain further services from us, your physician, a genetic counselor, or other health care provider.

We encourage you to talk to a genetic counselor, a health professional with special training in genetic conditions, prior to collecting your sample for testing to learn more so you can make an informed decision about whether testing is right for you. A genetic counselor also can help you understand your results and options.

You should understand that you may learn upsetting information about your genetic profile and risks for various medical conditions and diseases. These outcomes could have social, legal, or economic implications.

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 up to 5% of the time 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.

You should not change your health behaviors solely on the basis Genetic Information from Probably Genetic. Make sure to discuss your Genetic Information with a physician or other health care provider before you act upon the Genetic Information resulting from Probably Genetic Services. For most common diseases, the genes 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. If your data indicate that you are not at elevated genetic risk for a particular disease or condition, you should not feel that you are protected. The opposite is also true; if your data indicate you are at an elevated genetic risk for a particular disease or condition, it does not mean you will definitively develop the disease or condition. In either case, if you have concerns or questions about what you learn through Probably Genetic, you should contact your physician or other health care provider. Please note that genetic risk assessment is not applicable to results of carrier screening tests.

Genetic research is not comprehensive. While we measure many hundreds of thousands of data points from your DNA, only a small percentage of them are known to be related to human traits or health conditions. The research community is rapidly learning more about genetics, and an important mission of Probably Genetic 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 DNA. In the future, the scientific community may show previous research to be incomplete or inaccurate.

Genetic Information you share with others could be used against your interests. You should be careful about sharing your Genetic Information with others. Currently, very few businesses or insurance companies request genetic information, but this could change in the future. While the Genetic Information Nondiscrimination Act (“GINA”) was signed into law in the United States in 2008, its protection against discrimination by employers and health insurance companies for employment and coverage issues, respectively, has not been clearly established. In addition, GINA does not cover life, long-term care, or disability insurance providers. Some, but not all, states and other jurisdictions have laws that further protect individuals with regard to their Genetic Information. You should consult a lawyer to understand the extent of legal protection of your Genetic Information before you share it with anybody.

Furthermore, Genetic Information that you choose to share with your physician or other healthcare provider may become part of your medical record and through that route be accessible to other health care providers and/or insurance companies in the future. Genetic Information that you share with family, friends or employers may be used against your interests. Even if you share Genetic Information that has no or limited meaning today, that information could have greater meaning in the future as new discoveries are made. If you are asked by an insurance company whether you have learned Genetic Information about health conditions and you do not disclose this to them, this may be considered to be fraud.

Deactivating Your Account and Terminating this Agreement

If you request Probably Genetic to deactivate your account, your account will be deactivated.This means your login and account access will be terminated, and Probably Genetic will not provide you with any of the Services going forward (including, without limitation, any Genetic Test results that have not ​yet been reported, or any updates or changes to your Genetic Test results).

Indemnity

You agree to defend, indemnify and hold harmless Probably Genetic, its subsidiaries and its affiliates, and their respective officers, directors, employees, agents, partners, licensors, physicians, healthcare providers and service providers, from and against any and all claims, actions, demands, liabilities, settlements, costs, or expenses, including, without limitation, reasonable legal fees, legal costs and accounting fees, arising out of, or alleged to arise out of: (i) your violation of these Terms, other policies or any and all applicable laws, rules or regulations; or (ii) your use of materials or features of the ​Services in an unauthorized manner.

Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE GENETIC TEST IS AT YOUR SOLE RISK. THE GENETIC TEST IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM 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. (2) WE MAKE NO WARRANTY THAT (a) THE GENETIC TEST WILL MEET YOUR REQUIREMENTS; (b) THE GENETIC TEST WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GENETIC TEST WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE GENETIC TEST WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GENETIC TEST 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. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROBABLY GENETIC OR THROUGH OR FROM THE GENETIC TEST SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS DOCUMENT. PROBABLY GENETIC DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE GENETIC TEST AND, THEREFORE, PROBABLY GENETIC SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE GENETIC TEST.

Limitation of Liability

WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PROBABLY GENETIC 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 PROBABLY GENETIC HAS BEEN ​ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE GENETIC TEST; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE GENETIC TEST; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) THE IMPROPER AUTHORIZATION FOR THE GENETIC TEST BY ​SOMEONE CLAIMING SUCH AUTHORITY; (e) ​YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR (f) 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​.

Notice

Notices to you may be made via either email or regular mail. Probably Genetic may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Services.

Official notices related to this TOS must be sent to us at:

Probably Genetic at 2261 Market Street #4003, San Francisco CA 94114 with a copy via email (with read receipt requested) to ​contact@probablygenetic.com.

Additionally, Probably Genetic accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.

Entire Agreement

These Terms, the Notice of Privacy Practices, consents and any other agreements incorporated by reference herein or that link back to these terms by Probably Genetic constitute the entire agreement between you and Probably Genetic with respect to access to and use of the Genetic Test, superseding any prior agreements between you and Probably Genetic on this subject that are in conflict with this agreement.

Waiver

The failure of Probably Genetic to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms ​remain in full force and effect.

Governing Law

These Terms and your use of the Services are governed by the laws of the State of California, without ​respect to its conflict of law principles.

Termination

Your permission to use the Genetic Test automatically terminates if you violate these terms .Probably Genetic shall not be liable if, for any reason, all or any part of the Genetic Test is unavailable. Upon termination of these terms, any provision that by its nature or express terms should survive will survive ​such termination.

Severability Clause

If any portion of these terms is found to be unenforceable, the remaining portion will remain in full force ​and effect.

Assignment

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be void and 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, Probably Genetic for any third party that assumes our rights and obligations under this Agreement.

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