Terms of Service
Last Updated: June 1st, 2018
1. REQUIREMENTS FOR USE OF THE PRODUCTS
This Terms of Service (TOS) document is a legal contract between you and MyVytalics, Inc. (7875 Highland Village Place, Suite B102-314, San Diego, California 92129) that affects your rights and obligations.
To use any of MyVytalics, Inc.’s Products, you agree to be bound and abide by this Terms of Service (TOS) document. Please review the following terms carefully.
By using the Products, you represent and warrant to us that you are (i) of legal age to form a binding contract with MyVytalics and agree to these Terms of Service, and (ii) are not barred under any applicable laws from doing so or from using Products in the jurisdiction where you reside or where you use them. You must be 18 years or older to create a MyVytalics account or purchase a Product (see below). If you do not meet these requirements, you must not access or use the Products.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND IN ITS ENTIRETY, AS USING OR ACCESSING OUR PRODUCTS AND WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO BEING BOUND BY THE FOLLOWING AGREEMENT EACH TIME YOU USE OUR WEBSITE OR PRODUCTS, PLEASE EXIT OUR WEBSITE OR PRODUCTS IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE THROUGH THEM FURTHER.
2. ADDITIONAL TERMS
“Account Information” means certain information you provide when you create a MyVytalics Account to use our Products. This information includes your name, email address, phone number, the password you create, and credit card or other payment information. Your account information also includes records and copies of any correspondence with you and details of any transactions you carry out through our Products.
“Genetic Information” means information related to your genes generated through the analysis of your saliva by Helix.
“Helix” means Helix OpCo, LLC and/or its affiliates.
“Helix Platform” means the platform hosted by Helix where you may purchase Products and services that will use and interpret your Genetic Information.
“MyVytalics” means MyVytalics, Inc.
“MyVytalics Account” means the account you use to access a MyVytalics Product. Your MyVytalics Account allows you to manage your Account Information, Personal Information, Genetic Information, the Products you purchased, and other account settings.
“MyVytalics R&D” means research and development based on the data obtained from its users. These activities include, among other things, the improvement of services, offering new services and products, and performing data analysis activities.
“Personal Information” means information we collect from and about you when you register for an MyVytalics Account, purchase or use MyVytalics Products, such as your full name, email address, mailing address, product preferences, Self-Reported Information, or Genetic Information.
“Products” means MyVytalics’s products, services, mobile applications, and website as downloaded or accessed by users.
“Product Behavior Information” is information on how users make use of MyVytalics products, services, mobile applications, and website, which is collected through, but not limited to, log files, cookies, and beacon technology. Product Behavior Information may be obtained automatically, such as through cookies or analytics, when you use MyVytalics Products.
“Self-Reported Information” means your information including ethnicity, family history, and other information that you voluntarily provide in surveys, forms, discussion boards, or other features while using the MyVytalics website or Products.
“TOS” means Terms of Service.
4. DESCRIPTION OF PRODUCTS
The Products include access to the MyVytalics services, applications, and website. Unless stated, each new feature that is added to the current Products will be subject to the TOS. You accept and agree that the Products are provided “AS-IS” and are based on the current state of genetic research and technology used by MyVytalics when using the Products.
Scientific research is always changing, and genetic technology is always evolving. You agree that the Products might change from time to time without any prior notice. As part of this continuing evolution of science, you accept and agree that MyVytalics might stop (permanently or temporarily) providing some Products (or features within the Products) to its users without prior notice.
5. CHANGES TO THESE TERMS OF SERVICE AND PRODUCTS
We reserve the right to withdraw or amend the Products or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the Products or any portion are unavailable at any time or for any period.
6. REGISTERING FOR AND ACCESSING THE PRODUCTS
To access certain features and functions of the Products, you must create a MyVytalics Account. To establish a MyVytalics Account, you must provide Account Information.
To purchase a Product, you must also provide your credit card or other billing information.
You must obtain Internet access to use the Services. You are responsible for (i) any Internet access fees and providing your own equipment for Internet access, and (ii) ensuring that all persons who access the Products through your internet connection or on your behalf are aware of these Terms of Service and comply with them.
When you create a MyVytalics Account, you must choose a password and treat your password as confidential. You agree not to let someone else access the Products using your username, password or other security information. You agree to let us know immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. When accessing your account from a public or shared computer, you should use particular caution so that others are not able to view or record your password or your other information. MyVytalics cannot and will not be liable for any loss or damage that results from your failure to comply with these obligations. You authorize MyVytalics to authenticate your identity when accessing the Products. This may include asking you for your date of birth and other information that will allow MyVytalics to reasonably verify your identity.
If we believe that you have violated these Terms of Service, we have the right at any time to disable your username, password or any of your identifiers, whether chosen by you or provided by us.
7. USER REPRESENTATIONS
By using MyVytalics Products, you agree to, acknowledge, and represent as follows:
You understand that the information you obtain from MyVytalics is not designed to diagnose, prevent, or treat any conditions or to discover the state of your health without clinical and medical information.
You understand that the Products are only for research, informational, entertainment, and educational purposes and that while information provided by MyVytalics might suggest a propensity towards an illness or health condition, or point to a possible diagnosis or treatment, it should always be confirmed and assessed by clinical and medical information and testing. MyVytalics does not provide any health or medical treatment or advice.
You understand that MyVytalics encourages you to seek the advice of your health care providers or your physician if you have questions or worries regarding your Genetic Information.
You are responsible for all the consequences resulting from sharing your Genetic Information and Self-Reported Information with others.
You agree that you have the authority, under the laws of the jurisdiction in which you reside, to make these representations. In case you break any of these representations or breach these TOS in any manner, MyVytalics has the right to terminate your account and refuse the future use of MyVytalics Products, and you will indemnify and hold harmless MyVytalics and its affiliates against any liability or damages that may arise.
You are communicating with us electronically when you use any Product or send us emails and other communications from your desktop or mobile device. You agree to receive electronically all communications from us in connection with your MyVytalics Account or your use of our Products, which may include emails, texts, mobile push notices, or messages through other Products.
You can retain copies of these communications for your records. You agree that all digital agreements, notices, disclosures, and other communications that we provide to you meet any legal requirement that such communications be in writing.
9. EXPORT CONTROL AND APPLICABLE LAWS AND REGULATIONS
You agree that you will abide by all applicable laws and regulations in your use of the Products and specifically that you will not violate any applicable export control rules. In addition, you agree that you will not do anything that would cause MyVytalics to violate any such statute, regulation or rule.
10. YOUR PROPERTY RIGHTS OVER MATERIAL PROVIDED TO MYVYTALICS
11. NO RESALE OF PRODUCTS
Other than pursuant to Section 17 of this TOS, you agree not to distribute, publish, duplicate, copy, create, sell or share portions or all the Products, the use of the Products or access to the Products for any commercial purposes.
12. GENERAL PRACTICE REGARDING USE AND STORAGE
You understand that MyVytalics may establish practices and limits concerning Product uses, such as the maximum number of days that Personal Information and Product content are retained by the Product, the maximum disk space allowed on MyVytalics’s Products respecting your account, and the maximum number of times you can access the Products in a given period of time. You understand and accept that MyVytalics has no responsibility or liability for the deletion of messages or content maintained or shared by the Products; or for the loss of Genetic Information because of the malfunction of data servers or other events. You also should understand that MyVytalics has the right to change these practices and limits at its own discretion.
13. PRODUCT MODIFICATIONS
MyVytalics has the right to modify or discontinue the Products at any time with or without any prior notice. You understand and accept that modifications can result in a computational delay from some of MyVytalics features or Products, and MyVytalics cannot be liable to you or any third party for any modification or discontinuation of the Products. You understand that MyVytalics may offer different or additional Products or features to analyze your Genetic Information in the future and that your initial purchase does not necessarily allow you to obtain extra Products or features to analyze your Genetic Information without an additional fee. You may have to pay additional fees to have your Genetic Information analyzed using additional Products or features.
14. DEALINGS WITH INFORMATION PROVIDERS AND LISTED RESOURCES
Your correspondence or business dealings through promotions, vendors, advertisers and other resources found on the MyVytalics website or Products – including payment and shipping of goods and services, and any other terms and conditions associated with such dealings – are exclusively between you and such providers. You agree that MyVytalics cannot be held responsible or liable for any loss or damage resulted from these dealings or as a result of this information provided on the Products.
15. INTELLECTUAL PROPERTY RIGHTS
The Products and its entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by MyVytalics and its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
MyVytalics grants you a limited, non-exclusive, non-transferable, revocable license to use the Products for personal, non-commercial purposes, subject to these Terms of Service and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.
MyVytalics grants you a limited license to copy and distribute, for non-commercial purposes, any of the content on the MyVytalics website, provided that you distribute such content (i) as it appears in the website without any modification, (ii) in a way that is fair and legal and does not misrepresent the substance of the content or website; and (iii) with the following attribution “© 2018MyVytalics, Inc. or its affiliates. All rights reserved.”
Except as permitted by this limited license, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the content contained in the Products.
If you wish to make any use of content in the Products other than as set out in this section, please address your request to info@MyVytalics.com.
Except for your rights to Products you purchase, no other right, title or interest in or to the Products or any content in the Products is transferred to you. MyVytalics reserves all rights not expressly granted. If you provide MyVytalics with any suggestions, recommendations or other feedback regarding the Products (“Feedback”), you agree that MyVytalics may freely use and exploit such Feedback in any way and for any purpose. Any use of the Products not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
The MyVytalics name and logos are trademarks of MyVytalics. You must not use trademarks without the prior written permission of MyVytalics. All other names, logos, product and service names, designs and slogans in the Products are the trademarks of their respective owners.
17. PROHIBITED USE
You guarantee that you will not use the Products for any unlawful or prohibited purposes. You are prohibited from using the Products in any way that could damage or impair the Products or interfere with someone else’s use of the Products. You agree to only obtain any information through ways that are made available explicitly through the Products.
Additionally, you specifically agree not to use the Products to:
- upload, post or share any material that is obscene, offensive, or that is discriminatory based on race, color, origin, sexual orientation, sex, gender, age or other status;
- impersonate another person, including anyone affiliated to MyVytalics, or misrepresent your affiliation with someone else;
- add your own headers or manipulate identifiers to disguise the origin of any content that is shared through the Product;
- stalk or harass someone else;
- upload, post or share any content that you cannot transmit under any law;
- use information that you receive through the Products to try and identify or contact other customers (except when using features designed by the website to contact other users to connect);
- download any files that are shared by other users that you know you cannot legally distribute;
- upload, post or share any content that infringes any patent, trademark, or proprietary rights of MyVytalics and other parties;
- harm minors in any way;
- advertise, buy or sell any goods or services for business purposes, unless MyVytalics provides a portion of the Products specifically designed to allow you to do so;
- upload, post or share any unauthorized advertising, such as junk mail or spam, except in those areas that are designed explicitly for such purposes and to the extent to which the law authorizes the content;
- upload, post or share any information that contains viruses, or any other codes, files or programs used to destroy or limit the functionality of a computer or hardware equipment;
- use software, devices or services to interact with the Product’s or MyVytalics’s servers unless explicitly permitted by MyVytalics;
- engage in “framing” or simulating the function of MyVytalics’s website;
- override, or attempt to override, security components in MyVytalics’s products;
- interfere or disrupt the Products, networks, or users that are connected to the Products, or disobey any requirements, policies, or regulations of networks that are connected to the Product;
- violate these Terms of Service, codes of conducts, or any other applicable guidelines that apply to the area of Product or have been communicated to you by anyone from MyVytalics; or
- violate any municipal, provincial, national or international law, or any regulations within the law.
You acknowledge and accept that you are responsible for (and that MyVytalics has no responsibility to you or someone else for) any violation of your obligations under the TOS and for the consequences that the violations might have, including any damage that MyVytalics might suffer. In case of any agreement violation, MyVytalics has the right to suspend or terminate your account and refuse any future Product use and you will indemnify MyVytalics and its affiliates against any costs or damages that might arise from the violations. If you violate any of the terms found in this Section, or MyVytalics suspects that you violated the terms in this Section, MyVytalics has the right to suspend or terminate your account and refuse future use of the Products.
18. INFORMATION POSTED THROUGH PRODUCTS, THIRD PARTY CONTENT, AND HYPERLINKS
MyVytalics will not control any of the Self-Reported Information posted through Products, and MyVytalics does not guarantee the accuracy or quality of any Self-Reported Information or third party content not provided by MyVytalics. Under no circumstance can MyVytalics be held responsible for any outside content, including errors in such content, loss, or damage as a result of the content posted or shared through the website or Products.
You understand that MyVytalics has the right, but not the obligation, to review, modify, pre-screen or refuse any content that is available through the Products. MyVytalics and its designees have the right to remove any content that is violating the TOS at MyVytalics’s sole discretion. You agree to evaluate and understand all the risks associated with content use, including accuracy or usefulness of the content.
The MyVytalics Products provide, and other third parties can also provide, links to other websites and scientific resources on the Internet. MyVytalics has no control over these websites and resources. Therefore, you understand and accept MyVytalics cannot be held responsible or liable for any damage or loss caused by or in connection to the use of this content that might be available through the hyperlinks.
19. REFUND AND RETURN POLICY
If you decide you no longer want a Product following your purchase, please contact Helix immediately. Subject to Helix’s refund policy, you may be eligible for a refund.
20. WARRANTY DISCLAIMER
YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT:
YOUR PRODUCT USE IS AT YOUR OWN RISK. THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MYVYTALICS EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING THE MERCHANTABILITY WARRANTIES. MYVYTALICS MAKES NO WARRANTY THAT
- THE SERVICES WILL MEET YOUR REQUIREMENTS
- THE SERVICES WILL BE UNINTERRUPTED, COMPLETELY SECURE OR ERROR-FREE
- THE RESULTS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE AND RELIABLE
- THE QUALITY OF THE PRODUCTS, INFORMATION OR SERVICES OBTAINED THROUGH THE SERVICES AND ANY OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET ALL OF YOUR EXPECTATIONS
- ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL THAT IS DOWNLOADED OR OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE ASSOCIATED WITH YOUR COMPUTER OR ANY LOSS OF DATA THAT MIGHT RESULT FROM DATA DOWNLOAD.
NO ADVICE (ORAL OR WRITTEN) OBTAINED FROM MYVYTALICS OR THROUGH THE PRODUCTS SHOULD CREATE A WARRANTY THAT IS NOT EXPLICITLY EXPRESSED IN THE TOS.
YOU SHOULD ALWAYS BE CAUTIOUS WHEN GIVING ANY PERSONAL INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. MYVYTALICS DOES NOT CONTROL THIRD PARTIES TO WHOM YOU MAY DISCLOSE YOUR INFORMATION THROUGH THE USE OF THE SERVICES. MYVYTALICS DISCLAIMS ANY LIABILITY ASSOCIATED WITH ANY ACTIONS THAT RESULT FROM YOUR PARTICIPATION IN THE PRODUCTS.
21. LIMITATION OF LIABILITY
IN NO EVENT WILL MYVYTALICS, MYVYTALICS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PRODUCTS, ANY WEBSITES LINKED TO PRODUCTS, OR ANY CONTENT IN THE PRODUCTS OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend and hold harmless MyVytalics and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assignees from any claims, including attorney’s fees, made by any third party from the Self-Reported Information submitted or shared through use of the Products, your TOS violations, or any other rights violation(s). You further agree that you will indemnify and hold harmless MyVytalics and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns from any harm, damage, costs and expenses derived from or attributable to your violation any portion of these TOS.
These TOS will apply until MyVytalics or you terminate your obligations as described in this Section. If you wish to terminate your legal agreement with MyVytalics, you can do so by providing a written notice to MyVytalics, as well as closing your accounts from all the Products that were provided to you. Your notice should be written and sent to MyVytalics’s address, which is stated at the beginning of the TOS, or by sending an email to privacy@MyVytalics.com. If you send the notice via email, MyVytalics will send you an email to confirm this notice and it will be effective after receiving a second email confirmation from you.
MyVytalics can terminate its legal agreement with you at any time, as well as revoke your password and terminate your account if:
you violate any provision of the TOS or act in a way that shows you cannot comply with the provisions of the TOS;
MyVytalics is required to do so by law;
MyVytalics no longer plans to provide Products to users in your country of residence or where you use the Products; or
the Product provided to you by MyVytalics is, in MyVytalics’s opinion, no longer commercially viable; or
MyVytalics reasonably believes that you violated the terms of these TOS; MyVytalics has the right to suspend or terminate your account and refuse future or current use of the Products.
Any suspected illegal activity can be grounds for terminating your use of Products and can be referred to the appropriate law enforcement authorities. You understand that MyVytalics will not be liable to you or any third party for terminating Product use. Certain provisions of this Agreement, including but not limited to copyrights, indemnity, trademarks, limitation of liability, warranty and jurisdictional issues will survive the termination of this Agreement.
24. WAIVER AND SEVERABILITY
No waiver of these Terms of Service by MyVytalics shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of MyVytalics 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.
25. DISPUTE RESOLUTION
If a dispute arises between you and MyVytalics, you agree to first contact MyVytalics to seek a resolution. If MyVytalics is not able to resolve the issue, then except for disputes relating to the infringement or other misuse of intellectual property rights:
Such dispute will be resolved through binding arbitration rather than in court.
This arbitration will be administered by the American Arbitration Association (“AAA”).
Such arbitration will follow the rules of the AAA (“AAA Rules”), as modified by these Terms of Service.
The arbitration will be conducted in the English language.
Any arbitration hearing will be held in San Diego, California.
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 1-800-778-7879.
You and MyVytalics both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You and MyVytalics 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 MyVytalics 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.
If this Section 26 is found to be unenforceable, then this Section 27 will be null and void. In such case, you and MyVytalics agree that the exclusive jurisdiction and venue described in Section 26 will govern any action arising out of or related to these Terms of Service.
26. ENTIRE AGREEMENT
These Terms of Service and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with California law, without regard to its conflicts of laws principles and excluding the applicability of United Nations Convention for the International Sale of Goods. To the extent that any lawsuit or court proceeding is permitted hereunder, you and MyVytalics agree to exclusively litigate such disputes in the federal or state courts of Travis County, Texas, and both parties consent to venue and personal jurisdiction in Texas. You may not assign any of your rights in these Terms of Service, and any such attempt is void. MyVytalics may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Products.