USER REPRESENTATIONS

By accessing DNA SCRIPT Services, you agree to, acknowledge, and represent as follows:

• You understand that information you learn from DNA SCRIPT 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 DNA SCRIPT services are intended for research, informational, and educational purposes only. A diagnosis or possible treatment should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that DNA SCRIPT urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your Genetic Information.

• You give permission to DNA SCRIPT, its contractors, successors and assignees to perform genotyping services on the DNA extracted from your saliva sample and you specifically request DNA SCRIPT to disclose the results of analyses performed on your DNA to you and to others you specifically authorize.

• You represent that you are eighteen (18) years of age or older if you are providing a saliva sample or accessing your Genetic Information.

• You are guaranteeing that any sample you provide is your saliva; if you are agreeing to these TAC 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.

• If you provide a saliva sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside.

• You agree that any saliva sample you provide and all resulting data may be transferred and/or processed outside the country in which you reside.

• 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 are aware that some of the information you receive may provoke strong emotion.

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

• You understand that all your Personal Information will be stored in DNA SCRIPT databases and will be processed in accordance with the DNA SCRIPT Privacy Policy.

• 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 DNA SCRIPT or its collaborating partners using your de-identified and aggregated data. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your de-identified and aggregated 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 DNA SCRIPT 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 DNA SCRIPT and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

REFUND POLICY

If you decide you no longer want a DNA or epigenetic Product or our Genomic Sequencing following your purchase, please contact us immediately. If the purchase includes a DNA SCRIPT Kit, you may request a refund for the DNA SCRIPT Kit and any bundled DNA or epigenetic Product within 30 days of purchase as long as the DNA SCRIPT Kit has not been used or registered. This refund will deduct shipping and handling fees.

Once a DNA SCRIPT Kit has been registered, the purchase of the DNA SCRIPT Kit and any bundled DNA or epigenetic Product can no longer be refunded. However, you may close your DNA SCRIPT Account as described in Section 22 below.

REPLACEMENT POLICY

We must receive your saliva sample prior to the expiration date of your DNA SCRIPT Kit which is 12 months from the date of purchase to assure the quality and accuracy of your Genetic Information. DNA SCRIPT will not accept or process a DNA SCRIPT DNA Kit that we receive after the kit’s expiration date.

If you have a DNA SCRIPT DNA Kit that has expired, you may contact us via phone or email to purchase a replacement testing kit. If DNA SCRIPT receives your DNA SCRIPT Kit after the kit’s expiration date or your DNA SCRIPT DNA Kit is lost or damaged, please contact us via phone or email for help with replacing your kit. Depending on the circumstances, a fee may apply.

TERMINATION POLICY

The TAC will continue to apply until terminated by either you or DNA SCRIPT as set out in this Section. If you want to terminate your legal agreement with DNA SCRIPT, you may do so by notifying DNA SCRIPT at any time in writing, which will entail closing your account for all of the Services that you use.

Your notice should be sent, in writing, to DNA SCRIPT’s address, which is set out on our website, or online via email.

If you provide notice online, DNA SCRIPT will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.

DNA SCRIPT may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if:

(1) you have breached any provision of the TAC (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TAC);

(2) DNA SCRIPT is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);

(3) the partner with whom DNA SCRIPT offered the Services to you has terminated its relationship with DNA SCRIPT or ceased to offer the Services to you;

(4) DNA SCRIPT is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or

(5) the provision of the Services to you by DNA SCRIPT is, in DNA SCRIPT’s opinion, no longer commercially viable.

You may cancel your Plan at any point in time by either calling us and speaking to an authorised account representative or sending an email. For clarity, if you cancel your Plan prior to the conclusion of your current subscription period, you will remain responsible for payment for all subscription fees through the conclusion of your current subscription period.

If you cancel your Plan, you will lose all access, upon the expiration of your current pre-paid period, to the Services and any data or information DNA SCRIPT has presented to you through your account. DNA SCRIPT will not arrange refunds for cancelled subscriptions.

Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that DNA SCRIPT shall not be liable to you or any third party for any termination of your access to the Services.

OFFER CODES

From time to time, DNA SCRIPT may offer discount codes, offer codes or other promotional codes to qualified customers through a variety of marketing activities and communications (collectively, “offer codes”). These offers codes are redeemable towards a purchase on the DNA SCRIPT website or in the DNA SCRIPT app, subject to certain product exclusions or any other restrictions as may be determined and communicated by DNA SCRIPT at its sole discretion.

Only valid offer codes provided or promoted by DNA SCRIPT will be honoured at checkout. Codes that are supplied or promoted by third parties without DNA SCRIPT’s authorization will not be considered valid.

Offer codes may not be combined and customers are limited to the use of a single offer code per order. DNA SCRIPT is not responsible for lost, stolen or any unauthorized use of codes.

Offer codes cannot be redeemed for cash or any cash equivalent, and no substitutions or credits are allowed. The monetary value of any offer code will not be refunded or credited back if any or all of the purchased products or services is returned.

Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. If you have received a DNA SCRIPT Promotional Card or DNA SCRIPT E-Gift Card, please see the full terms and conditions for those cards.

INTELLECTUAL PROPERTY RIGHTS; LIMITED RIGHT TO USE

The Services, Site and their entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by DNA SCRIPT and its licensors and are protected by UK and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

DNA SCRIPT grants you a limited license to copy and distribute, for non-commercial purposes, any of the content on the Site, provided that you distribute such content (i) as it appears on the Site without any modification, (ii) in a way that is fair and legal and does not misrepresent the substance of the content, Site or Services; and (iii) with the following attribution “© 2020 DNA SCRIPT Ltd, or its affiliates. All rights reserved.”.

Except as permitted by this limited license, you must not reproduce, copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, sell, resell, exploit, transfer, or transmit for any commercial purpose any of the content on the Site. If you wish to make any use of content on the Site or Services other than as set out in this section, please contact us.

DNA SCRIPT grants you a limited, non-exclusive, non-transferable, revocable license to use the Services 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.

DNA SCRIPT Kits and DNA SCRIPT Products may be purchased as gifts for others where permitted on the site or through authorized distributors of DNA SCRIPT. However, DNA SCRIPT DNA Kits may not otherwise be resold, distributed, transferred or used for any purpose other than using the Services yourself without the express prior written agreement of DNA SCRIPT.

Except for your rights to DNA Products you purchase (in accordance with the terms of the applicable Partner), no other right, title or interest in or to the Services or any content on the Services is transferred to you. DNA SCRIPT reserves all rights not expressly granted.

If you provide DNA SCRIPT with any suggestions, recommendations or other feedback regarding the Services (“Feedback”), you agree that DNA SCRIPT may freely use and exploit such Feedback in any way and for any purpose.

Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

TRADEMARKS

The DNA SCRIPT name and logos, as well as YOUR HEALTH MATTERS and the DNA SCRIPT App icon are trademarks of DNA SCRIPT. You must not use trademarks without the prior written permission of DNA SCRIPT. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services in any way that violates any applicable federal, state, local or international law or regulation. You also agree not to:

• use the Site or app in any way that could disable, overburden, damage, or impair the Site;

• use the Site or app in any way that could interfere with any other party’s use of the Services;

• reverse engineer, copy, modify or create derivative works of the software used in the DNA SCRIPT Account, the DNA SCRIPT Platform, the DNA SCRIPT app, any application provided as part of the DNA SCRIPT Services, or any DNA Product;

• use any robot, spider or other automatic device, process or means to access the Site or app for any purpose, including monitoring or copying any of the material on the Site, unless explicitly permitted by DNA SCRIPT;

• market, sell, transfer, or otherwise make available to any other person or entity any data collected from, or derived from data collected from, the Site (excluding your Genetic Information), for any commercial, political, market surveying or other purpose, whether in aggregated or bulk form or otherwise;

• engage in framing, mirroring, or otherwise simulating the appearance or function of the Site or Services;

• use any device, software or routine that interferes with the proper working of the Site or Services;

• introduce any viruses, Trojan horses, worms, or other material which is malicious or technologically harmful;

• attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site or app, the server on which the Site or app is stored, or any server, computer or database connected to the Site or app;

• attack the Site via a denial-of-service attack or a distributed denial-of-service attack;

• attempt to bypass methods that DNA SCRIPT may use to prevent or restrict access to the Site or Services;

• access or attempt to access another customer’s DNA SCRIPT Account; or

• otherwise attempt to interfere with the proper working of the Site.

THIRD PARTY CONTENT; LINKS FROM THE SITE

The Site may include content provided by third parties, such as Partners, other users, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in such content are solely the opinions and the responsibility of the person or entity providing the content. Such content may not reflect the opinion of DNA SCRIPT.

We are not responsible, or liable to you or any third party, for the content or accuracy of any third party content. If the Site contains links to other sites and resources provided by third parties, including Partners, it provides them for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access any third party websites linked to this Site, you do so at your own risk and subject to such websites’ terms and conditions and privacy policies.

GEOGRAPHIC RESTRICTIONS

DNA SCRIPT is a UK registered company and provides our Services globally. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services you do so on your own initiative. If you do so, you will be responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

DNA SCRIPT makes its best efforts to perform accurate Genomic Sequencing and to offer DNA Products of high quality. However, we do not warrant the accuracy, completeness or usefulness of the Services, nor do we endorse, warrant or guarantee the DNA Products, including, without limitation, any descriptions, prices, products and product warranties, or other information posted by Partners or other vendors.

Your use of the services, its content, and any features or items obtained through the services, including DNA products, is at your own risk. The services, their content, and any features or items obtained through the services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express, implied or statutory.

Neither DNA SCRIPT nor anyone associated with DNA SCRIPT makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither DNA SCRIPT nor anyone associated with DNA SCRIPT represents or warrants (i) that the services, their content, or any features or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, (ii) that defects will be corrected, (iii) that our site or the server that makes it available are free of viruses or other harmful components or (iv) that the services or any features or items obtained through the services will otherwise meet your needs or expectations.

DNA SCRIPT and all parties associated with DNA SCRIPT hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

You understand that we cannot and do not guarantee or warrant that content available for downloading from the site or any links provided on the site will be free of viruses or other destructive code. You are responsible for implementing sufficient anti-virus protections to meet your needs. You are also responsible for maintaining a means external to our site for any reconstruction of any lost data.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or items obtained through the site or to your downloading of any material posted on it, or on any site linked to it. The foregoing does not affect any warranties, which cannot be excluded or limited under applicable law.

ACCOUNT CLOSURE

You may discontinue use of the Services at any time. You also have the right to close your DNA SCRIPT Account at any time through your DNA SCRIPT Account settings. In keeping with our Privacy Policy, if you close your account, your information will no longer be accessible through the Site or Services. We cannot restore access to your DNA SCRIPT Account after it has been closed. You may create a new DNA SCRIPT Account and submit another saliva sample using a DNA SCRIPT Kit. Genetic Information that has already been transferred to Partners may not be able to be removed or de-identified from Partners’ databases by DNA SCRIPT. If you violate these Terms of Service, DNA SCRIPT has the right to terminate your access to all or part of the Services.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless DNA SCRIPT, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Service or your use of the Services, including, without limitation, any use of the content, services, and products of the Services other than as expressly authorized in these Terms of Service or your use of any information obtained from the Site.

DISPUTE RESOLUTION

If a dispute arises between you and DNA SCRIPT, you agree to first contact DNA SCRIPT’s Customer Service to seek a resolution. If our Customer Care Team 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.

WAIVER AND SEVERABILITY

No waiver of these Terms of Service by DNA SCRIPT shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of DNA SCRIPT 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.

ENTIRE AGREEMENT

These Terms of Service, our Privacy Policy and Data Retention Policy (if you choose to participate in the DNA SCRIPT Research) constitute the sole and entire agreement between you and DNA SCRIPT with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

YOUR ENQUIRIES AND QUESTIONS

If you have any feedback, comments, requests for support, or other communications about the Services, you should contact DNA SCRIPT’s Customer Care. You may contact Customer Care at hello@dnascript.com or +44 (0) 1473 232 428.