ACCEPTANCE OF APPLICATION TERMS

Your use of our Application (excluding any services provided by us under a separate agreement) is subject to the terms set forth in these Terms and Conditions (“TAC”). Except as specified herein, these TAC apply to any use of the Application and Services contained within the Application, including but not limited to:

a) submitting a saliva sample for DNA extraction and/ or epigenetic tracking and processing, 

b) uploading a digital version of your Genetic Information and interacting with it on the Application, and/or 

c) creating and using either a free or subscription based account without providing your saliva sample or Genetic Information (where applicable).

In order to use the Services, you must first agree to the TAC. You may not use the Services if you do not accept the TAC. You can accept the TAC by (1) clicking to accept or agree to the TAC, where this option is made available to you during the application sign up process; or by (2) actually using the Services. In this case, you acknowledge and agree we will treat your use of the Services as acceptance of the TAC from that point onwards. We may also offer other services from time to time that are governed by different terms of service.

PREREQUISITES

1. Whether you submit your own saliva sample, a saliva sample for anyone for whom you have legal authority to agree, or otherwise provide your own Genetic Information, you may not use the Services and may not accept the TAC if (1) you are not of legal age to form a binding contract with us, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident.
2. In addition to the conditions above, if you contribute or otherwise provide your own Genetic Information, you must be eighteen (18) years of age or older to agree to these TAC on behalf of yourself or those for whom you have legal authority to agree.
3. If your use of the Services includes creating an account without submitting a saliva sample or providing Genetic Information, you must be thirteen (18) years of age or older to use the Services and accept the TAC. 

DESCRIPTION OF THE SERVICES

The Services include the following features and functions available in the Application related to genetic testing, analysis and interpretation and subscription based services:

1. Genomic Sequencing. Our genomic sequencing is provided by Muhdo Health Ltd, a UK registered company with the office address: Columba House, Adastral Park, Martlesham, Suffolk, IP5 3RE (Muhdo).  Muhdo collects, analyses and stores the data that make up the part of your DNA code of your genes and your epigenetic markers influencing your genetical expression (“Genomic Sequencing”). Muhdo obtains this data from the saliva sample that you provide. The data that result from your Genomic Sequencing, and any interpretation of that data, are your “Genetic Information”.
   
   
2. Application. Our Application, where you may obtain Genomic Sequencing, receive insights and recommendations about you based on your Genetic Information (“Insights and advice”) has been developed by Muhdo.  Muhdo host and maintain our Application and store both your Personal and Genetic Information.
   
   
3. Application Account. We provide you access to your account through our Application.  Your account allows you to manage your Genetic Information, the DNA and epigenetic Products you purchase together with other subscription based services and other account settings. 

CHANGES TO THESE TERMS OF SERVICE AND THE SERVICES

We may revise and update these Terms of Service and post the updated Terms of Service on our website.  All changes are effective immediately when we post them, and they apply to all access to and use of the Services from that point onward. If you use the Services after we post revised Terms of Service, you acknowledge and agree to the revised Terms of Service. We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. We will not be liable if, for any reason, the Services or any portion are unavailable at any time or for any period. The version available online of these Terms & Conditions shall be seen as the most recent version.

REGISTERING FOR AND ACCESSING THE APPLICATION SERVICES

To access Genomic Sequencing, you must create a full Account. To establish a full Account, you must provide certain information that we request in the Application. This information includes:

• your name and email address;
• your height and weight;
• your mobile phone number;
• your date of birth; and
• information we need for quality control in sequencing, such as your sex at birth.

To purchase a DNA and epigenetic Product, you must provide the following:

• your billing and mailing address and phone number; and
• your credit card or other requested billing information.

Your mailing address will be used to send you a Testing Kit. By registering for the Services, you represent and warrant that the registration information you provide is accurate, current and complete. You also agree that all information you provide to us through the Application, no matter how you do so, is governed by Muhdo’s Privacy Policy and Data Retention Policy. You consent to Muhdo using your information in ways that are consistent with those two policies. 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 Services through your internet connection or on your behalf are aware of these TAC and comply with them. When you create an Account, you must choose a password and treat your password as confidential. You agree not to let someone else access the Services using your username, password or other security information. You agree to let us know immediately of any unauthorized account access or any other breach of security. You also agree to ensure that you log out securely from your account at the end of each session. We or Muhdo cannot and will not be liable for any loss or damage that results from your failure to comply with these obligations. You authorize us to authenticate your identity when accessing the Services. This may include asking you for your date of birth and other information that will allow us 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 or terminate access to your account. 

REQUESTING GENOMIC SEQUENCING SERVICES

To have your DNA sequenced and/ or your gene expression analysed for use with our Application, you must receive and use a testing kit for the collection of your saliva sample (“Kit”). When you return your saliva sample using a Kit, you agree to the following:

• You are submitting your own saliva sample and not the sample of another person.
• You are 18 years of age or older.
• You allow Muhdo to perform Genomic Sequencing on any saliva sample you submit. If any of your saliva sample(s) or extracted DNA is left over after sequencing is completed, Muhdo will store it for 3 months before it is destroyed. Muhdo may also store it for quality control and optimization in its lab, including occasionally updating your Genetic Information to reflect quality improvements and advances in Genomic Sequencing.
• You allow Muhdo to perform analyses on your Genomic Sequencing data to generate Genetic information. You allow Muhdo to collect, process and store the resulting Genetic Information in accordance with these TAC and Muhdo’s Privacy Policy and Data Retention Policy.
• You allow Muhdo to share relevant personal and Genetic Information with each DNA Product that you buy from us in accordance with Muhdo’s Privacy Policy and Data Retention Policy.
• You understand that health-related interpretations are for information purposes only and not intended to diagnose or treat diseases. You should consult a physician, genetic counsellor or qualified health professional before acting on any interpretation.

Retesting Policy. It may not be possible to process your saliva sample on our first attempt, which may be either due to an issue with the submitted sample or with the laboratory process. If this is the case, and if enough of your sample is left over, Muhdo may attempt to process your sample again at no charge. If Muhdo are still unable to process your sample, we will send you a second Kit at no charge to collect a replacement sample. However, if Muhdo are unable to process your sample because of your violation of these Terms of Service, a fee may apply to receive a replacement Kit. If your second sample cannot be processed, you may contact us for more options. 

PRIVACY POLICY AND DISCLOSURE OF INFORMATION

In order to use the Services, you must first acknowledge and agree to Muhdo’s Privacy Policy. You may not use the Services if you do not accept Muhdo’s Privacy Policy. You can acknowledge and agree to Muhdo’s Privacy Policy by using the Application Services. Muhdo’s Privacy Policy sets forth the only expectations of privacy any individual should have in terms of usage of the Application Services. Muhdo may de-identify and aggregate your Genetic Information and Self-Reported Information for research purposes that may be disclosed to third parties for the purpose of publication in peer-reviewed scientific journals. Muhdo may also include your information in Aggregated Genetic and Self-Reported Information disclosed to third-party non-profit and/or commercial research partners who will not publish that information in peer-reviewed scientific journals. Research may be sponsored by, conducted on behalf of, or in collaboration with third parties, such as non-profit foundations, academic institutions or pharmaceutical companies. Research 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 this new knowledge to improve health care. Muhdo will never release your individual-level Genetic Information and/or Self-Reported Information to any third party without obtaining your explicit consent to do so, unless required by law. Further, you acknowledge and agree that Muhdo is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that Muhdo may owe pursuant to ethical and other professional rules, laws, and regulations; or (b) or protect the rights, property, or personal safety of Muhdo, its employees, its users, its clients, and the public. In such event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, we may, at our sole discretion, restrict access to the Application for any reason. Please refer to Muhdo’s Privacy Policy to read about data protection related to your information.  

PAYMENT TERMS

We offer one off purchases together with a range of subscription plans to our Services (each, a “Plan”). Each Plan includes specific features and offers outlined within our in-app and online shop. You may select a Plan as part of your purchase within our in-app shop. You agree to pay the recurring payments for the total amount of time. Changes to the subscription or changes to the account are generally not possible and have to be decided on and approved by us on a case to case basis. It is at our discretion to make changes to this model at any time and for any reason. At the end of this subscription period, your Plan will automatically renew for a subscription period equal to your prior subscription period unless you provide us with email notice (sent to hello@bevivo.com of your intent not to renew your Plan at least 30 days prior to the end of the current subscription period. To get further information on the specific details of your Plan, including pricing information and the end of your subscription period, please contact us at hello@bevivo.com. We may change the fees of the Services at any time or impose additional fees or charges. While we do not intend to force you to pay a fee for an ongoing service higher than the one you agreed to upon purchase, we are also not obliged to lower your current fee in the event of a price drop of our Services. Changes regarding fees payable have to be decided on and approved by us on a case to case basis. 

RISKS AND CONSIDERATIONS REGARDING APPLICATION SERVICES

Once you obtain your Genetic Information, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you in the Application, 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 your physician, a genetic counsellor, or other health care provider. We encourage you to talk to a genetic counsellor, 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 counsellor also can help you understand your results and options. Some people feel a little anxious about getting genetic health results. This is normal. If you feel very anxious, you should speak to your physician or a genetic counsellor prior to collecting your sample for testing. You should not change your health behaviours solely on the basis of information from the Application. Make sure to discuss your Genetic Information with a physician or other health care provider before you act upon the Genetic Information resulting from the Application Services. There may be unknown genes, environmental factors, or lifestyle choices that are far more important predictors. In any case, if you have concerns or questions about what you learn through the Application, 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 it measures 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 Muhdo to conduct and contribute to this research. In addition, many ethnic groups are not included in genetic studies. Because interpretations provided in the 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 Non-discrimination Act 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 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 protect individuals with regard to their Genetic Information. You may want to 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 health care 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. The genetic services available through the Application and the Genetic Information provided are for research, informational, and educational use only. The Application does not provide medical advice. This means two things. First, many of the genetic discoveries that are reported through the Application have not been clinically validated, and the technology that is used, which is the same technology used by the research community, to date has not been widely used for clinical testing. Second, in order to expand and accelerate the understanding and practical application of genetic knowledge in health care, all genotyped users participate in anonymised research. As a result of the current state of genetic knowledge and understanding, the Services offered are for research, informational, and educational purposes only. The Services are not intended to be used by you for any diagnostic purpose and are not a substitute for professional medical advice. 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 or Muhdo 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 in the Application. If we provide you through the Application any recommendations that identify for you, based on your Genetic and Self-Reported Information 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. Genetics is only part of the picture of any individual’s state of being and the state of the understanding of Genetic Information is rapidly evolving.  At any given time we only comprehend part of the picture of the role of genetics, and only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, including in some cases your genetics as well as your current symptoms, if any. Reliance on any information provided by the Application is solely at your own risk. 

USER REPRESENTATIONS

By accessing the Application Services, you agree to, acknowledge, and represent as follows:

1. You understand that information you learn from the Application 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 Application 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 we urge you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your Genetic Information.
2. You give permission to Muhdo, its contractors, successors and assignees to perform genotyping services on the DNA extracted from your saliva sample and you specifically request Muhdo to disclose the results of analyses performed on your DNA to you and to others you specifically authorize through the Application.
3. You represent that you are eighteen (18) years of age or older if you are providing a saliva sample or accessing your Genetic Information.
4. 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.
5. 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.
6. 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.
7. You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
8. You are aware that some of the information you receive may provoke strong emotion.
9. You take responsibility for all possible consequences resulting from your sharing with others access to your Genetic Information and your Self-Reported Information.
10. You understand that all your Personal Information will be stored in Muhdo databases and will be processed in accordance with Muhdo’s Privacy Policy.
11. 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 Muhdo 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 we have 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 us and Muhdo 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 Kit, you may request a refund for the Kit and any bundled DNA or epigenetic Product within 30 days of purchase as long as the Kit has not been used or registered. This refund will deduct shipping and handling fees. You can request a refund by emailing hello@bevivo.com and provide your order confirmation number. Once a Kit has been registered, the purchase of the Kit and any bundled DNA or epigenetic Product can no longer be refunded. However, you may close your Account as described in Section 18 below.

REPLACEMENT POLICY

We must receive your saliva sample prior to the expiration date of your Kit which is 12 months from the date of purchase to assure the quality and accuracy of your Genetic Information. Muhdo will not accept or process a sample from a Kit that is received after the kit’s expiration date. If you have a Kit that has expired, you may contact us via email to purchase a replacement testing kit. If Muhdo receives your sample after the kit’s expiration date or your Kit is lost or damaged, please contact us via email for help with replacing your kit. Depending on the circumstances, a fee may apply. 

TERMINATION POLICY

These TAC will continue to apply until terminated by either you or us as set out in this Section. If you want to terminate your legal agreement with us, you may do so by deleting your account on the Application or notifying us 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 our address, which is set out on our website, or to hello@bevivo.com. If you provide notice online, we 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. We may at any time, terminate our legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of these TAC (or have acted in a manner which shows that you do not intend to, or are unable to comply with, the provisions of these TAC); (2) We or Muhdo is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) We or Muhdo 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 (4) the provision of the Services to you by us is, in our opinion, no longer commercially viable. You may cancel your Plan at any point in time by sending an email to hello@bevivo.com. 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 we have presented to you through your account. We 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 we shall not be liable to you or any third party for any termination of your access to the Services. 

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 Application in any way that could disable, overburden, damage, or impair the Application;
• use the Application in any way that could interfere with any other party’s use of the Application;
• reverse engineer, copy, modify or create derivative works of the software used in the Application provided as part of our Services, or any Genetic Product;
• engage in framing, mirroring, or otherwise simulating the appearance or function of the Services;
• use any device, software or routine that interferes with the proper working of the 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 Application, the server on which Application is hosted, or any server, computer or database connected to the Application;
• attempt to bypass methods that Muhdo may use to prevent or restrict access to the Services;
• access or attempt to access another customer’s Application Account; or
• otherwise attempt to interfere with the proper working of the Application.  

GEOGRAPHIC RESTRICTIONS

We are a norwegian registered company and provide the Application 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

Muhdo makes its best efforts to perform accurate Genomic Sequencing and to offer DNA Products of high quality. However, Muhdo does not warrant the accuracy, completeness or usefulness of the Services, nor does it endorse, warrant or guarantee the DNA Products. Your use of the services and content, and any features or items obtained through the services, including DNA products, is at your own risk. The services, 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 Muhdo nor us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither Muhdo nor us represents or warrants (i) that the services, 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 the services or any features or items obtained through the services will otherwise meet your needs or expectations. Muhdo and us 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. The foregoing does not affect any warranties, which cannot be excluded or limited under applicable law. 

DELETE ACCOUNT PROCESS

You may discontinue use of the Services at any time.  You also have the right to delete your Application Account at any time through your Account settings by selecting “Delete Account” from the Application main menu in the top left hand corner.  You will be asked to confirm that you want to delete your account by re-entering your password and pressing the “Delete” button. Please note your account will remove all of your personal information from our databases and this process cannot be undone.  In keeping with Muhdo’s Privacy Policy, if you close your account, your information will no longer be accessible through the Application. Neither we or Muhdo can restore access to your Application Account after it has been closed. You may create a new Account and submit another saliva sample using a new Kit. Genetic Information that has already been transferred to Partners may not be able to be removed or de-identified from Partners’ databases. If you violate these TAC, we have the right to terminate your access to all or part of the Services. 

ENTIRE AGREEMENT

These Terms of Service, together with Muhdo’s Privacy Policy and Data Retention Policy constitute the sole and entire agreement between you and us 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.