Terms of Service

1. Acceptance of Terms

By accessing or using Gene Matrix LLC's ("Gene Matrix," "we," "our," or "us") genetic testing services and website, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services.

These Terms constitute a legally binding agreement between you and Gene Matrix. Your use of our services signifies your acceptance of these Terms and our Privacy Policy, which is incorporated herein by reference.

We reserve the right to modify these Terms at any time. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms.

2. Description of Services

Gene Matrix provides genetic testing services, including but not limited to:

• Comprehensive health screening and risk assessment
• Pharmacogenomics testing for medication optimization
• Nutrition and fitness genetic analysis
• Mental health and pain management genetic insights
• Carrier screening and reproductive health testing
• Athletic performance optimization testing

Service Limitations:

Our services are for informational and educational purposes only. Genetic test results do not constitute medical advice, diagnosis, or treatment. You should consult with qualified healthcare professionals before making any medical decisions based on your results.

We do not guarantee specific health outcomes or that our services will meet your particular requirements. Test results are based on current scientific understanding and may change as research advances.

3. Eligibility and Account Registration

Age Requirements:

You must be at least 18 years old to use our services. For testing of minors, a parent or legal guardian must provide consent and create the account.

Account Registration:

To use our services, you must:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

Account Termination:

We reserve the right to suspend or terminate your account if you violate these Terms, provide false information, or engage in fraudulent activity.

4. Testing Process and Sample Collection

Sample Collection:

You agree to:

• Follow all sample collection instructions carefully
• Provide a valid biological sample (saliva or blood)
• Ensure the sample is yours and not contaminated
• Return samples within the specified timeframe
• Understand that improper collection may require re-testing

Sample Processing:

• Samples are processed in CLIA-certified, CE-IVD Certified laboratories
• Processing typically takes 5–7 days from receipt
• We may contact you if additional samples are needed
• Samples are destroyed within 60 days unless you consent to storage

Results Delivery:

• Results are delivered through your secure online account
• You will receive email notification when results are ready
• Results remain accessible in your account indefinitely
• You may download and share results with healthcare providers

5. Payment and Refunds

Pricing and Payment:

• All prices are in USD and subject to change
• Payment is required before sample processing begins
• We accept major credit cards and approved payment methods
• Subscription plans renew automatically unless cancelled

Refund Policy:

• Full refund if you cancel before sample collection kit ships
• Partial refund if you cancel before sample is received at our lab
• No refund once sample processing has begun
• Defective kits will be replaced at no charge
• Failed tests due to insufficient sample quality may be re-tested once at no charge

Insurance and HSA/FSA:

Some insurance plans and HSA/FSA accounts may cover our services. We provide documentation for reimbursement but do not guarantee coverage.

6. Intellectual Property Rights

Our Intellectual Property:

All content on our website and in our services, including text, graphics, logos, software, and algorithms, is owned by Gene Matrix or our licensors and protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, or distribute our content without permission
• Reverse engineer or attempt to extract our algorithms
• Use our trademarks or branding without authorization
• Create derivative works based on our services

Your Genetic Data:

You retain ownership of your genetic information. By using our services, you grant us a limited license to:

• Process and analyze your genetic data
• Generate and deliver your test results
• Store your data securely in our systems
• Use de-identified data for research (only with your consent)

You may request deletion of your data at any time, subject to legal retention requirements.

7. Privacy and Data Security

Data Protection:

We implement industry-leading security measures to protect your information:

• End-to-end encryption for data transmission
• Secure, encrypted storage of genetic data
• Multi-factor authentication for account access
• Regular security audits and compliance reviews
• HIPAA-compliant data handling procedures

Data Sharing:

We will never sell your genetic information to third parties without your explicit consent. We may share data only:

• With your healthcare providers (with your authorization)
• With service providers under strict confidentiality agreements
• As required by law or court order
• For research purposes (only de-identified data with your opt-in consent)

For complete details, please review our Privacy Policy.

8. Limitations and Disclaimers

Service Limitations:

Our genetic tests have inherent limitations:

• Results are based on current scientific knowledge
• Not all genetic variants are tested or known
• Environmental and lifestyle factors also affect health
• Results may not be applicable to all populations
• False positives and false negatives can occur

Medical Disclaimer:

OUR SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Always consult qualified healthcare professionals regarding medical conditions and treatment decisions.

We do not:

• Diagnose diseases or medical conditions
• Prescribe medications or treatments
• Provide medical advice or counseling
• Guarantee prevention of any disease or condition

No Warranties:

OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Liability Cap:

Gene Matrix's total liability for any claims arising from or related to our services shall not exceed the amount you paid for the specific service giving rise to the claim.

Excluded Damages:

We shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, data, or business opportunities
• Emotional distress or personal injury
• Damages resulting from reliance on test results
• Damages from unauthorized access to your account
• Damages from service interruptions or errors

Exceptions:

These limitations do not apply to:

• Damages caused by our gross negligence or willful misconduct
• Violations of applicable consumer protection laws
• Liability that cannot be excluded under applicable law

10. Indemnification

You agree to indemnify, defend, and hold harmless Gene Matrix, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights
• Your misuse of our services
• Inaccurate or false information you provide
• Your failure to follow sample collection instructions
• Medical decisions made based on test results

This indemnification obligation survives termination of these Terms and your use of our services.

11. Dispute Resolution and Arbitration

Informal Resolution:

Before filing a claim, you agree to contact us at legal@genematrix.io to attempt informal resolution. We will work in good faith to resolve disputes amicably.

Binding Arbitration:

If informal resolution fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

• Arbitration will be conducted in San Francisco, California
• The arbitrator's decision is final and binding
• Each party bears its own costs and attorneys' fees
• Class actions and jury trials are waived

Exceptions:

The following disputes are not subject to arbitration:

• Claims in small claims court
• Intellectual property disputes
• Injunctive relief for Terms violations

Opt-Out:

You may opt out of arbitration by sending written notice within 30 days of first using our services.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

For disputes not subject to arbitration, you consent to the exclusive jurisdiction of state and federal courts located in San Francisco County, California.

If you are located outside the United States, additional terms may apply based on your local laws and regulations.

13. General Provisions

Entire Agreement:

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Gene Matrix.

Severability:

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.

Waiver:

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

Assignment:

You may not assign these Terms without our consent. We may assign these Terms to any successor or affiliate.

Force Majeure:

We are not liable for delays or failures due to circumstances beyond our reasonable control.

Survival:

Provisions that by their nature should survive termination shall survive, including warranties, limitations of liability, and dispute resolution.

14. Contact Information

For questions about these Terms of Service, please contact us:

General Inquiries:
Email: legal@genematrix.io
Phone: 1-800-GENE-MTX (1-800-436-3689)

Mailing Address:
Gene Matrix LLC
Legal Department
123 Genomics Way
San Francisco, CA 94105
United States

Business Hours:
Monday - Friday: 8:00 AM - 5:00 PM CT
Saturday - Sunday: Closed

We aim to respond to all inquiries within 2-3 business days.