Terms and Conditions
For any questions regarding these policies, contact: help@oliveDNA.com.
- O’live DNA, whose principal place of business is at 1124 W. Carson Street, Torrance, CA 90502, United States of America.
- “O’live DNA Research” refers to any academic research that O’live DNA performs with the intent to publish in a peer-reviewed scientific journal. O’live DNA and O’live DNA research only uses self-reported and genetic information from our users who have given informed consent.
- “Sample” or “DNA sample” refers to the saliva sample provided for the purpose of genomic sequencing.
- “Services” or “Service” refers to any of O’live DNA’s products, services, software, website, blog, and published content (including but not limited to any graphics, images, text, materials, or information) that is accessed by our users.
- “Personal Information” refers to any information that is collected with the consent of the user. O’live DNA provides customized health reports for our users and requires the following personal information:
- “Registration Information” refers to any information that you provide about yourself when registering for the O’live DNA service and/or purchasing a O’live DNA product (e.g., name, address, email, O’live DNA ID, password, and payment information).
- “Self-Reported Information” refers to any information about yourself, self including personal traits, family history, disease conditions, ethnicity, or other health-related information that you provide in our surveys or other features while logged in to your O’live DNA account. No personal or self-reported information will be shared or used for research without expressed consent from the user.
- “Genetic Information” is any information relating to your genotype (e.g. the various As, Cs, Gs, and Ts at certain locations in your genome). This information is generated through the processing of your sample (saliva) by O’live DNA or any of its contractors (lab facilities, medical staff, genomic counselors).
- “Web Behavior Information” is any information collected about how you interact with the O’live DNA website (e.g. page views, domains visited, browser type). This information is collected through cookies, and log files and helps to enhance the user experience.
- “User Content” is any information that is transmitted either publicly or privately through O’live DNA, other than your Genetic Information or Self-Reported Information. This refers to any text, data, music, photographs, messages, videos, or materials (e.g. commenting on a blog post) either privately or publicly.
- “Aggregated Self-Reported Information and Genetic Information” refers to and information that is submitted with consent (Self-Reported Information or Genetic Information) that is combined with other user’s data. This information is protected through the Genomic Global Positioning System (Genomic GPS) and is analyzed as a whole. No specific individual will be able to be reasonably identified.
- O’live DNA is a subsidiary of Genealogy Inc. Services offered through O’live DNA will be referred to under the name O’live DNA, Genealogy, and Genealogy Inc. which includes all services.
2. Acceptance of O'live DNA Terms
This Agreement refers specifically to the acceptable use of the O’live DNA and O’live DNA Services.
The Terms of Service Agreement (TOS) is a binding electronic contract that establishes the terms that users must accept in order to use the website or services located on the website. These Terms of Service apply to any Services which include but are not limited to (a) the submission of your DNA sample for the purpose of DNA extraction, processing, analyzing, and storage, (b) uploading a digital version of your DNA (either from O’live DNA or another provider) with the intent of interacting with the information of the O’live DNA website, and/or (c) creating a free O’live DNA account or using a O’live DNA account that does not require you to upload your DNA Sample or Genetic Information.
In order to use O’live DNA Services, you are required to agree to these Terms of Service. You may not use any Services without first accepting these terms.
You may accept these TOS by (1) clicking or sliding the button to accept these TOS any place this option is made available by O’live DNA for any Service, or (2) using any of the Services offered. In case (2), you agree and acknowledge that O’live DNA will accept your use of any Services as an acceptance of these TOS from the point the Service began.
Additionally, when any user uses a particular O’live DNA Service, they shall be subject to any rules or guidelines that apply to that Service (these guidelines will be clearly posted). O’live DNA may also offer additional services in the future that are governed by additional or separate terms of service.
- Whether you are submitting your own saliva sample for testing, submitting a saliva sample for someone whom you have the legal authority to consent, or otherwise, you are providing your own Genetic Information, you may not access or use the Service and are not allowed to accept the TOS if (1) your are not of legal age (18) to agree to a binding contract with O’live DNA or (2) you are an individual who is barred from using the Services under the laws of the state or jurisdiction from which the Services will be used.
- In addition to the above conditions, if you provide your Genetic Information, you must be legally eighteen (18) years of age or older in order to agree to these TOS for yourself or on the behalf of anyone you have legal authority over.
- Users who wish to use the Service, including creating a O’live DNA account, without providing genetic information or submitting a saliva sample, must be thirteen (13) years of age or older to agree to the Services and accept the TOS.
4. Description of the Services
The Services mentioned also include member access to the O’live DNA public website, which offers personal genotyping services. These services involve the collection and analysis of our user’s saliva in order to analyze their genotype. Unless it is explicitly mentioned otherwise, each new feature that enhances or changes any of these initial Services will also be subject to the TOS.
By using O’live DNA Services, you hereby acknowledge that the Services provides “AS-IS,” meaning they are based on the most current state of genetic research. We strive to provide the most up-to-date and current technology; however, the Services provided are based on the time of purchase.
O’live DNA will constantly innovate to provide our customers with the best possible experience as scientific and genetic research progresses. By using these Services, you knowledge that the O’live DNA platform can be changed from time to time, without notice. In an effort to continue genetic innovation, you also acknowledge that O’live DNA may stop providing certain features or services either temporarily or permanently.
If you decide to stop using our Services, you do not need to inform O’live DNA specifically, and you can stop at any time. O’live DNA assume no responsibility for the use of our Services outside the TOS.
Many of our products require internet access to interact with or view our web-based content. O’live DNA will not assume any fees associated with internet access to obtain our web-based content. Additionally, our users must provide their own equipment required to make an internet connection (i.e., computer, modem, router, etc.). Lastly, you acknowledge that O’live DNA may set the upper limit of transmissions that you may send or receive through our Service and the amount of digital storage space used in the provision of our services.
5. Considerations Regarding O'live DNA Services
- Discovering your disease risk factors can be a sensitive topic. You may even find information about yourself or your family that you were not expecting. When you get a DNA test, it is essential to know that information cannot always be anticipated, and you might receive unexpected findings. In most cases, users find this information interesting. In other cases, it could lead to distress or anxiety. Examples include (i) revelations about a health condition you were not expecting, (ii) information on your genetic report that contradicts a prior assumption about your health. As a O’live DNA user, you take responsibility for any possible consequences from our Services.
- In some rare cases, the laboratory might not be able to process your results. Our lab is CLIA certified, and we strive to maintain the integrity and quality of our process. In some rare cases, samples might not be eligible for processing due to a contaminated sample, not following instructions on the collection tube or improper user labeling. If you believe there is an issue with your sample or it has somehow been contaminated, you can contact our customer service at help@oliveDNA.com.
- The field of genetics and DNA testing is constantly improving and evolving. Even with the current state of science, your DNA is measured against thousands of data points compared with known human traits and health conditions. While our testing service is one of the most accurate on the market, we may not currently comprehend all of the genetic contributions of a single trait. Researchers are constantly finding new links between genetic markers and genes and sometimes contradicting their previous findings. Additionally, many ethnic groups are unfortunately not included in every study. We will interpret your DNA based on the current population studies. O’live DNA is committed to keeping our research current so that the comparison models may be changed or updated from time to time.
6. Your Use of the Services
The O’live DNA platform is a tool that can provide you with health-related insights based on your genetic information or DNA. These Services are designed to allow you to understand your genetic risk factors and other lifestyle factors that could impact your health. It is not intended to be a diagnosis, and you should discuss any lifestyle changes with a healthcare profession.
- Requirements for Accessing the O’live DNA Services: You agree to comply with applicable laws;
- You are solely responsible for any and all activity or use of the Services on your account.
- You agree to contact O’live DNA customer support if you believe your account has been accessed without your authorization.
- You are responsible for your DNA raw data file. Our security measures are meant to protect your file once you upload it; however, if you store a copy on a personal device, O’live DNA cannot be held liable for this file. Your DNA file is your own personal use and should not be used for any diagnosis or treatment purposes.
- You agree not to resell or publish any information found within the O’live DNA platform services.
- Requirements for Using the Platform Services: In correspondence with your use of the Services:
- You understand and agree that O’live DNA Services and products are only for educational, research, and informational purposes.
- You hereby give O’live DNA successors, assignees, and contractors, permission to perform genotyping services on the DNA Sample (saliva) using verified testing methods available now or that should become available in the future.
- You specifically request O’live DNA to disclose the results of your DNA analysis to you or those in your authorized care.
- You understand and agree to allow O’live DNA to store your DNA sample under these Terms until otherwise requested by the user.
- You understand and agree that we will store your DNA sample, and we cannot return it to you. Your DNA sample will be held unless requested explicitly by the user. In that case, it will be destroyed and removed from our database within 48 hours.
- If you provide a DNA Test or Genetic Sample, you must be at least 18 years of age.
- You agree and guarantee that the DNA sample you provide for testing is your own or that you agree to these Terms on behalf of someone you have legal authority over and that the sample provided will be from that person.
- If you reside outside the U.S., you agree not to send any sample that violates any customs or export ban restrictions.
- You agree that you are not an employer or insurance company trying to obtain information about an employee or insured person without their express permission.
- You agree that you will not use these Services for any forensic investigations without a jurisdictionally valid subpoena that has been issued in connection with a current criminal investigation, court order, or warrant.
- You take full responsibility for any consequences of sharing your Genetic Information or Self-Reported Information.
- You agree not to use any information obtained from your DNA report for any medical, diagnostic, paternity testing, or for any discriminatory purpose or illegal activity
- You understand and agree that O’live DNA and O’live DNA urge you to seek the counsel of your healthcare provider if you have any questions or concerns regarding your Genetic Information.
- These Services are not intended for the treatment, prevention, or diagnosis of any disease or condition.
7. Account Creation, User Account, Password, Security Obligations
In exchange for the use of the Services as mentioned above, you agree to:
- Provide valid, correct, and complete contact information, including a working email address.
- Update your account information should anything change.
- Provide current, authentic, and accurate information. If for any reason you provide any information that is not current, incomplete, or inaccurate, O’live DNA reserves the right to terminate or suspend your account and any and all future or present Services.
Upon completion of your purchase, you will receive a O’live DNA kit number with your account information. You are solely responsible for maintaining the confidentiality of your account and any activities that happen under the account and password. Please keep your password safe and secure to prevent any unwanted parties from accessing your account.
If you allow any third parties to access your account on O’live DNA or have access to your kit number or password, you will release O’live DNA against any liability, costs, or damages you incur. You also agree to:
- Immediately notify O’live DNA customer support should your account be accessed by any unauthorized party.
- Ensure that you log out of your account after each session to prevent unwanted access. O’live DNA cannot be held liable for any losses or damage if you fail to comply with this section.
8. Content Used in the Services
- O’live DNA Content: The Services mentioned above contains photos, videos, documents, and other licensed content and owned by O’live DNA From this point forward, this content is referred to as “O’live DNA Content.” O’live DNA Content is owned and licensed by O’live DNA and can only be used according to these terms. In regards to O’live DNA Content, you agree:
- To include copyright notices on any O’live DNA material that you print or download.
- Not to re-publish, distribute or sell any portions of O’live DNA content.
- With regards to User Provided Content, you must agree that:
- You are solely responsible for any User-Provided Content.
- You understand and agree that you have the rights to post or upload your User-Provided Content and that all User-Provided Content complies with the O’live DNA Terms.
- If necessary, you will provide O’live DNA with the appropriate documentation and evidence of your adherence to these terms.
- O’live DNA assumes no responsibility or liability related to any User-Provided Content. While we do not actively monitor any User-Provided Content, we reserved to audit this content should a user violate the TOS. We reserve the right to remove any content that violates the TOS.
- Information that you choose to disclose about yourself or family members. Any Self-Reported Information excludes your profile, payment information, account information, or usage details required for the Services or User-Provided Content. You have the choice to share your Self-Reported Information with others; however, our TOS limits the sharing of information to third-parties. If you are worried that there is any User-Provided Content that violates your rights, or this TOS, you can email support staff at help@olive DNA.com.
- Ownership of Personal Information, Self-Reported Information, and User-Provided Content: You will always retain ownership of your personal information, User-Provided Content, and Self-Reported Information. Through the use of our Services, you grant O’live DNA the right to collect, analyze, process, store, and communicate your Personal Information (which includes Genetic Information) as well as Self-Reported Information for any of the purposes described in this TOS. These include:
- To provide Services to you or other customers.
- To give users helpful insights into their current health.
- By submitting any User-Provided Content to the O’live DNA Services, you grant O’live DNA a sublicense to host, store, publish, distribute, or provide access to User Provided Content, worldwide, and royalty-free.
- Copyright and Trademark Notice: All trademarks, logos, or service marks found in the Services are owned and licensed by O’live DNA All of the Services, including the website’s features, content, code, algorithms, software, databases, text, images, video, design, and audio are owned by O’live DNA, and its licensors and this content is protected by copyright. This copyright is pursuant to the United States, as well as international copyright law.
9. Changes or Modifications to Services
O’live DNA reserves the right to modify, discontinue (temporarily or permanently) Services or parts of our Services anytime and without notice. By using our Services, you agree that:
- Modifications to the Service might result in a delay of some features on the O’live DNA platform.
- O’live DNA will not be held liable for any modification, discontinuation, or suspension of our Services.
Additionally, you acknowledge and agree that O’live DNA could offer different or additional features and technology in the future. O’live DNA could use this technology to interpret Genetic Information or otherwise, and your initial purchase does not qualify you for additional features or technologies unless otherwise stated. To use these additional features in the future, you may be required to pay an additional fee depending on your account type and subscription level.
10. Privacy Statement
11. Account Termination or Suspension
O’live DNA and O’live DNA reserve the right to suspend, terminate, or limit your access to the provided Services without issuing a refund if you violate any of the Terms. In a breach of the TOS, the customer will not be entitled to a refund.
You also acknowledge and agree that any breach of the TOS, including any of the misuse of the Services, could result in irreparable harm to O’live DNA You, therefore, agree that O’live DNA shall be legally entitled to seek immediate injunctive relief in this case of a TOS breach.
12. Warranty Information
O’live DNA wants every customer to enjoy using our highly accurate DNA testing services. However, we do not legally warrant the accuracy, usefulness, or completeness of the services as these terms are subjective. If you have a problem with your kit or any of our Services, our customer care team would be happy to assist at help@oliveDNA.com.
Additionally, we do not guarantee or warrant the Services, descriptions, prices, product warranties, or any other information posted by third-party vendors or partners.
TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, O’LIVE DNA AND O’LIVE DNA EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, NOT LIMITED TO ANY IMPLIED WARRANTIES OF HEALTH OR FITNESS FOR A SPECIFIC PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. O’LIVE DNA AND O’LIVE DNA DOES NOT MAKE ANY PROMISES OR GUARANTEES ABOUT (A) THE SPECIFIC FUNCTIONS OR USES OF ANY SERVICE (B) ABOUT O’LIVE DNA CONTENT, (C) ABOUT THE QUALITY, RELIABILITY, ACCURACY, OR AVAILABILITY OF THE O’LIVE DNA CONTENT OR SERVICES.
13. Statement of Limited Liability
Within limits allowed by the law, you are expressly agreeing to and acknowledging that O’live DNA will not be liable for any direct, indirect, consequential, incidental, special, or otherwise damages, including but not limited to, loss of profits, damages for goodwill, use, data, or any other intangible losses that are the result of: (a) the use or lack of ability to use the Services; (b) any action you take based on the information you receive from any of the Services; (c) the cost procurement of a substitute good or service from any goods, data, information, or services obtained or purchased; (d) your failure to secure your account details or password; (e) improper authorization of our Services by claiming undue authority; (f) unauthorized access to or unauthorized alteration of your confidential data; or (g) statements of any third party regarding the Services, which includes Services by law enforcement officials.
O’live DNA reserves the right to notify you from within the Services, by physical mail or email, to inform our users of any TOS changes. You agree that contact by mail or email will satisfy any legal communication requirements, which include that communication should be in writing.
15. Changes in terms of Service
O’live DNA reserves the right to change these TOS at any time. When any changes are made, an updated version of these TOS will be available on the website.
Additionally, we will notify you via regular mail or email if there are additions or changes to the TOS. Using these Services after the date on which these TOS were issued, you agree and acknowledge that it will be treated as your acceptance of any TOS updates.
You hereby agree to indemnify and hold harmless O’live DNA, licensors, affiliates, and their respective third-parties from and against any liabilities, claims, damages, judgments, losses, awards, costs, expenses, or fees resulting from your violation of these TOS or the use of our Services, which includes the content, services, and products of the Services unless expressly authorized by this TOS.
17. No Resale of Service
To use the Services described in the TOS, you agree not to display, distribute, license, publish, modify, duplicate, copy, perform, create derivative works from, exploit, transfer, transmit, sell or resell for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
18. General Practices Regarding Use and Storage
O’live DNA’s sample collection kit includes a vial that is labeled with a barcode. The barcodes are scanned when checked in, and you will be alerted when it is received. Our testing vials are sent to a federally compliant CLIA certified lab designated for DNA extraction. The DNA is stored in a robotic freezer at -20 C, where they will wait to be processed. The remaining DNA is returned to the freezer in the event of future tests ordered by the kit owner.
O’live DNA values the trust and privacy of our customers. We do not share or transfer your stored DNA samples with any third parties.
You acknowledge and agree that O’live DNA is not responsible or liable for the failure to store, or the deletion of any content transmitted or maintained by the Services, nor the loss of DNA samples of Genetic Information due to the destruction or malfunction of data servers, or due to catastrophic events. You also acknowledge that O’live DNA reserves the right to change these general practices.
To request that your results be removed, including having your DNA samples destroyed, you can submit a request by contacting us at help@oliveDNA.com.
- No Waiver: O’live DNA’s failure to enforce any section of these TOS is not a waiver of our rights under the said provision.
- Severability: If there is any particular section or clause in these TOS deemed unenforceable, it will not affect the enforceability of the remaining sections. Additionally, we may replace unenforceable sections with similar ones that are enforceable.
- Amendments: We reserve the right to supplement, modify, or entirely replace the TOS agreement, effective upon posting on O’live DNA.com or notifying our customers otherwise. If you do not want to agree to the changes, you can terminate your Agreement at any time.
- Assignment: Without the consent of O’live DNA, you may not transfer any of your obligations or rights under this TOS agreement. O’live DNA reserves the right to assign or transfer our rights under this Agreement.
20. Contact Us
If you have any questions or concerns about our terms of service, you can contact O’live DNA customer support at help@oliveDNA.com.