Terms of Service
- “Fertility Genomics” or “we”, “us” or “our” means Fertility Genomics PLC whose principal place of business is 5 South Charlotte Street, Edinburgh, EH2 4AN.
- “Research” means scientific research that Fertility Genomics performs with the intent to publish in peer-reviewed scientific journals. Our Research only uses Genetic and Self-Reported Information from users who have given consent according to the applicable Consent Document.
- “Service” or “Services” means Fertility Genomics products and Website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
- “Personal Information” is information that can be used to identify you, either alone or in combination with other information. Fertility Genomics collects and stores the following types of Personal Information:
- “Registration Information” is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
- “Genetic Information” is information regarding your genotype (e.g. the As, Ts, Cs, and Gs at particular locations in your genome), generated through the processing of your saliva by Fertility Genomics or by its contractors, successors, and assignees; or otherwise processed by and/or contributed to Fertility Genomics.
- “Self-Reported Information” is all information about yourself, including your disease conditions, other health-related information, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your Fertility Genomics account. Self-Reported Information is included in Fertility Genomics Research only if you have consented for Fertility Genomics Research use on the Website.
- “Web behaviours Information” is information on how you use the Fertility Genomics (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
- “Aggregated Genetic and Self-Reported Information” is Genetic and Self-Reported Information that has been stripped of Registration Information and combined with data from a number of other users sufficient to minimise the possibility of exposing individual-level information while still providing scientific evidence.
- “Website” means fertilitygenomics.com.
The Service is operated by Fertility Genomics. We are a private limited company in the United Kingdom. 5 South Charlotte Street, Edinburgh, EH2 4AN.
Acceptance of Terms
- You agree to use Fertility Genomics Services in accordance with these Terms of Service (“TOS“). These TOS apply to users based in the United Kingdom.
- Except as specified herein, these TOS apply to any use of the Services, including but not limited to:
- Submitting a saliva sample for DNA extraction and processing.
- Creating and using a free Fertility Genomics account without providing your saliva sample.
- By using the Service, you agree to these TOS. You may not use the Services if you do not accept these TOS.
- Where this option is made available to you by Fertility Genomics for any Service, you can also accept the TOS by clicking accept or agree to the TOS.
- When using particular elements of Fertility Genomics Services, you may be subject to additional guidelines or rules applicable to such Services and such guidelines or rules will be made available to you through such Service from time to time. These guidelines or rules form part of the TOS.
- You may not use the Services and may not accept the TOS if:
- You are not of legal age to form a binding contract with Fertility Genomics; or
- You are a person barred from receiving the Services under the laws of the country in which you are resident or from which you use the Services.
- You may not use the Services if you are, unless authorised by Fertility Genomics, using the Services for a business or commercial purpose, or any purpose other than personal use.
- 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 TOS on behalf of yourself or those for whom you have legal authority to agree.
Ordering the Service
- You can place orders for the Service with Fertility Genomics by following the process outlined on our Website. You acknowledge that by placing an order with us you will be under an obligation to pay for the Service in that order.
- The Fertility Genomics order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
- All orders are subject to acceptance by Fertility Genomics. We will send you an email to confirm acceptance. The contract between you and us will only be made when we send you this email to confirm acceptance. Fertility Genomics will charge your chosen payment method after we accept your order.
- If you change your mind about your order, you can cancel your order in accordance with our Refunds Policy.
- You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order.
- The price of the Service will be as quoted on our Website.
- The price of the Service may change from time to time, but changes will not affect any order Fertility Genomics has accepted.
- The price of the Service includes delivery and return postage costs.
- Fertility Genomics accepts payment with the payment methods listed on our Website. You must pay for the Service and any applicable delivery charges in advance.
- By submitting an order through our Website, you are confirming that the payment details provided on your order are valid and correct.
Cancellation and Refunds
- You have a legal right to cancel the contract between you and Fertility Genomics within 30 days after the date on which you receive the order confirmation email (when Fertility Genomics accepts your order). You can find more information about how to cancel an order in our Refunds Policy.
- In addition, you may have additional rights to a refund as set out in our Refunds Policy.
Description of the Services
- The Services include access to the Fertility Genomics public Website and personal genotyping services, including the collection and analysis of your saliva sample.
- You acknowledge and agree that the Services are provided using Ilumina Whole Exome Sequencing technology.
- We reserve the right to change the technology to take advantage of technological advances to improve our Service.
- You may stop using the Services at any time. You do not need to specifically inform Fertility Genomics when you stop using the Services unless you are requesting closure of your account.
- Fertility Genomics assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.
- In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees.
- You must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment.
Important Issues Regarding Fertility Genomics Services
- Once you obtain your Genetic Information, the knowledge is permanent. You should not assume that any information we may be able to provide to you, 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 Fertility Genomics or from your physician or other health care provider. Our service is not diagnostic.
- The laboratory may not be able to process your sample, and the laboratory process may result in errors. The laboratory may not be able to process your sample if your saliva does not contain a sufficient volume of DNA, you do not provide enough saliva, or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, Fertility Genomics will offer to send another kit to you to collect a second sample at no charge. If you send another sample and Fertility Genomics attempts to process the second sample are unsuccessful, Fertility Genomics will not send additional sample collection kits, and you or the person who paid for the Service (if that is not you) will be entitled to a refund less costs of £200.
- Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect (referred to as “Errors”). As this possibility is known in advance, users are not entitled to refunds or entitled to make any other claims where these Errors occur.
- The above sets out our sole responsibility to you in the event that we are unable to process your sample.
- If your data indicates that you are not carrying errors that are associated with sperm or oocyte dysfunction you should not consider this comprehensive information. Dysfunctional sperm and oocytes can be produced due to other non-exome DNA errors, biological errors or environmental insults during gametogenesis. If you have concerns or questions about what you learn through Fertility Genomics, you should contact your physician or other health care provider.
- Genetic research is not comprehensive. While we sequence the whole exome of your genome the coverage is not 100% and only a small percentage of genes are known to be related to defects in sperm and oocytes. The research community is rapidly learning more about genetics, and an important mission of Fertility Genomics is to conduct and contribute to this research.
- Our Service is designed to assess homozygous and compound heterozygous mutations in selected genes associated with fertility and fertilisation during assisted conception treatment, particularly at In Vitro Fertilisation (IVF) and Intracytoplasmic Sperm Injection (ICSI) by using whole exome sequencing (WES) technology through the detection of single nucleotide variations (SNVs), small insertions and deletions (InDels) located in the exonic region. Genomic DNA is extracted from buccal cell, fragmented and prepared into Next-Generation Sequencing (NGS) libraries compatible with the sequencing platform. The target-enriched DNA fragments are analysed by utilising 2×150 paired-end sequencing method with a next generation sequencing sequencer with minimum average coverage of 50x to ensure data quality. Exome capture is achieved using Agilent SureSelect Human All ExonV6. The Agilent SureSelect Human All ExonV6 cover approximately 99% of RefSeq database targets. We guarantee that ≥ 80% of bases have a sequencing quality score ≥ Q30, which exceeds Illumina’s official guarantee of ≥75%. The Standard bioinformatics analysis is used to analyse sequencing data with reference to genome GRCh38 (hg38) for sequence alignment. Note the reference genome is subject to change as new iterations become available.
- Note that future scientific research may change the interpretation of your DNA and 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. If you apply for health, life, travel or income protection insurance you may be asked questions about your health. These questions might include questions about any medical conditions you have or have had in the past. You might also be asked if you have had any genetic tests. Some insurers may use this information to limit the amount of cover, apply exclusions or increase the cost of insurance. Your insurer may take in to account any medical conditions you have when deciding whether to offer insurance to you. Using our service does mean that you will have a “genetic test” as defined by insurance companies.
- You should be aware that, 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 or a breach of the policy that you subsequently purchase.
- 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.
- You acknowledge that 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 technology improves and new discoveries are made.
- Fertility Genomics Services are for research, informational, and educational use only. We do not provide medical advice.
- The Genetic Information provided by Fertility Genomics is for research, informational, and educational use only. This means two things. First, not all of the genetic variants that we report have been clinically validated. Second, in order to expand and accelerate the understanding and practical application of genetic knowledge in health care, we invite all genotyped users to participate in Fertility Genomics Research. Participation in such research is voluntary.
- As a result of the current state of genetic knowledge and understanding, our Services 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.
- Fertility Genomics does not endorse, promise 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 on our Website or available through our Service.
- If we provide to you through our Service any information that identifies you, based on your Genetic and Self-Reported Information and scientific literature or research, concerns about your health, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider.
- We believe that:
- Genetics is only part of the picture of any individual’s state of being;
- The state of the understanding of Genetic Information is rapidly evolving and 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, considering many factors, including in some cases your genetics as well as your previous treatment(s), if any, and current health.
- You should not make any decisions about your health or life based on the information you receive through the Service and, if you do, you do so entirely at your own risk.
- The laboratory service is licensed in Tianjin, China as a clinical laboratory and does not require a licence to provide our Services in the United Kingdom, Ireland, Denmark, Finland, the Netherlands, and Sweden.
LIMITATIONS OF SERVICE
- Our Fertility Genomics DNA test is intended to detect mutations within a specified reportable range of selected genes known to be associated with an increased risk of fertilisation failure. However, the Fertility Genomics DNA test cannot detect every mutation associated with this risk. Analysis of results is based on currently available information in the medical literature and scientific databases, as well as laboratory informatics and algorithms that may be subject to change. New information may replace or add to the information that was used to analyse your results. Based on this new information and/or modifications to our laboratory informatics and algorithms, you understand and agree that we may, at our sole discretion, amend or modify your “MyFertility DNA test” report. This may result in a change in your risk assessment; a reclassification of a mutation or a reported diplotype; or a change or update to a previously reported allele. You hereby irrevocably waive any and all claims against us for any amendment or modification of “MyFertility DNA test” report and corresponding services in accordance with our standard operating procedures. Genetic variants are assessed for their potential impact on fertilisation success considering their predicted effects on protein structure and function, rarity and evidence from the Scientific literature. A Fertilisation Probability Score® is calculated to give an indication of the potential likelihood of fertilisation failure. This score is only indicative and not definitive. Only mutations that are likely to have deleterious effects on testis/sperm and ovary/egg specific proteins are reported.
- This report reflects the analysis of an extracted DNA sample. In very rare cases (circulating hematolymphoid neoplasm, allogeneic bone marrow transplant, recent blood transfusion), the results of Fertility Genomics Test will be interfered by the neoplastic or the donor DNAs and that the analysed DNA may not represent the customers’ constitutional genome.
- Fertility Genomics utilises whole exome sequencing (WES) technology. The test analyses the following types of mutations: single nucleotide variations (SNVs) and small insertion/deletions (In/Dels; up to 50bp) in exonic regions. It is not intended to analyse the following types of variations: those in 5bp flanking regions, intronic regions, poly-structures, tandem repeats, GC-rich regions, and homologous regions (pseudogenes). This test may detect varying percentages of known and unknown variations. This assay achieves approximately 99% sensitivity and specificity for single nucleotide mutations and small In/Dels (<50bp). Sensitivity to detect insertions and deletions larger than 50bp but smaller than a full exon may be marginally reduced. This test will not detect mutations in promoter region and other non-coding regions. Due to the limitations of technology, this test does not guarantee 100% coverage of target captured region of exome, CNV variations, and all genetic mutations in the tested genes. Also, interpretation of mutations in exonic regions would be limited by the timeliness of literature and databases, the complexity of infertility and the limitations of medical and science development. The test results could not rule out the possibility of other disease development due to the genetic mutations detected.
- The Fertility Genomics DNA Test is not designed to detect chromosomal aneuploidy or complex gene rearrangements, including translocation, large insertions, and inversions. It also does not reliably detect mosaicism. Information regarding genetic variations with no or unknown significant association with conditions may become evident (called Incidental Findings). Fertility Genomics policy, is to not report or comment on any Incidental Findings that may be noted, in the course of analysing the test data
- Fertility Genomics DNA Test does not constitute a definitive test for infertility or fertilisation failure in an individual. Besides genetic factors, environmental and other factors including, but not limited to, age, gender, lifestyle, dietary factors, accumulation of somatic mutations in the genome, infection and or a smoking history may impact fertility. Fertility Genomics DNA Test is not a diagnostic test and should be used in context with other clinical findings by the healthcare provider to help with a diagnosis and treatment plan.
- Fertility Genomics DNA Test only reports the presence of inherited genetic variations of the selected genes, which have an association with infertility/fertilisation failure. It is possible that untested site of variation may confer altered biological activity in an individual, leading to the rare possibility of a non-functional, decreased or increased functional allele being erroneously called as “wild-type”. Fertility Genomics DNA Test only detects the DNA sequence in the protein-coding regions of the selected genes, DNA sequence other than the protein-coding regions or the selected intronic regions are not investigated by this test. Fertility Genomics DNA Test results does not eliminate the possibility that the genetic variations may have risk of developing other diseases.
- Please note that this test does not provide diagnosis, or treatment. The report and comments are for informational purposes only and should not be interpreted as specific professional medical advice. This report is based on tested genes and mutations. Untested genes, mutations, non-genetic factors and accumulation of somatic mutations also influence your disease, health status and other characteristics. Environmental and lifestyle factors also often play a large role in the risk of developing diseases or health problems. Both male and female factors (genetic and non-genetic) can contribute to infertility. Please speak with your healthcare provider for further advice and before making any changes to your diet or lifestyle or before making decisions about medical conditions, or before starting and stopping any treatment prescribed for you. This report is based solely on the sample and information provided to Fertility Genomics and does not take all factors related to your (or your partners) health into account. Therefore, Fertility Genomics, its employees, contractors and successors shall have no liability to any person or entity with regards to claims, loss, or damage caused, or alleged to be caused, directly or indirectly, by the use of information contained herein.
By accessing Fertility Genomics Services, you agree to, acknowledge, and promise as follows:
- You understand that information you learn from Fertility Genomics is not designed to 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 Fertility Genomics Services are intended for research, informational, and educational purposes only, and that while Fertility Genomics information may identify possible diagnosis or treatments, you should not take any decisions about your health based solely on the information you receive through the Service and you are strongly advised to seek the advice of your doctor or other health care provider if you have questions or concerns arising from your Genetic Information.
- You give permission to Fertility Genomics, its contractors, successors and assignees to perform genotyping services on the DNA extracted from your saliva sample and you specifically request Fertility Genomics to disclose the results of analyses performed on your DNA to you and to others you specifically authorise.
- You promise that you are at least eighteen (18) years of age if you are providing a saliva sample or accessing your Genetic Information.
- You are promising that any sample you provide is your saliva; if you are agreeing to these TOS on behalf of a person for whom you have legal responsibility, you are confirming that the sample provided will be the sample of that person.
- If you have purchased a “couple kit” you agree that you understand that the person for whom you have purchased the kit must set up his or her own private account and use the activation code that we email to your partner.
- If you have purchased a “couple kit” you are confirming that the person for whom you purchased the kit has agreed to provide a saliva sample for DNA sequencing and genetic analysis by Fertility Genomics Ltd.
- 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 promising 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 Fertility Genomics databases and will be processed in accordance with the Fertility Genomics Privacy Statement.
- 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 Fertility Genomics or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.
- You agree that you have the authority, under the laws of the country in which you reside, to provide these promises. In case of breach of any one of these promises Fertility Genomics may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will reimburse Fertility Genomics and its affiliates against any liability, costs, or damages suffered by Fertility Genomics and its affiliates arising out of the breach of the promises.
Account Creation, Customer Account, Password and Security Obligations
- You agree to:
- Provide true, accurate, current, and complete Registration Information about only yourself as prompted by the Service; and
- Maintain and promptly update the Registration Information to keep it true, accurate, current, and complete.
- If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if Fertility Genomics has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Fertility Genomics may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion of it).
- After you have purchased our Service, you will need to create a password and account designation to access the Service.
- You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. If you allow third parties to access the Service through your username and password, you will reimburse Fertility Genomics and its affiliates against any liability, costs, or damages, including legal fees, arising out of claims or suits by such third parties based upon or relating to such access and use.
- You agree to immediately notify Fertility Genomics of any unauthorised use of your password or account or any other breach of security; and ensure that you exit from your account at the end of each session.
- Fertility Genomics cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Fertility Genomics Privacy Statement and Disclosure of Information
Your privacy is important to us. You should read our Privacy Statement which sets out how we collect, use and share information about you.
You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services Content (either in whole or in part) unless you have been specifically told that you may do so by Fertility Genomics or by the owners of that content, in a separate agreement.
Customer Conduct – Unlawful and Prohibited Use
- You must not use the Services:
- For any purpose that is unlawful or prohibited by these TOS or any notices displayed on our Website;
- In any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services;
- To obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
- To upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, colour, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status;
- To impersonate any person or entity, including, but not limited to, anyone affiliated with Fertility Genomics, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- To add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- To “stalk” or otherwise harass another;
- To upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- To use any information received through the Services to attempt to identify other customers, to contact other customers or for any forensic use.
- To access the account of another person.
- To download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner;
- To upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of Fertility Genomics or any other party;
- To advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages;
- To upload, post, email, or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorised by law;
- To upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- To use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Website, unless explicitly permitted by Fertility Genomics;
- To engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Fertility Genomics’ Website;
- To attempt to or actually override any security component of Fertility Genomics web services;
- To interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- To violate these TOS, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with Fertility Genomics; or
- Intentionally or unintentionally violate any applicable local, state, national or international law or any applicable regulations having the force of law.
- You acknowledge and agree that you are solely responsible for (and that Fertility Genomics has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which Fertility Genomics may suffer) of any such breach. In case of breach of any one of these agreements Fertility Genomics may 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 Fertility Genomics and its affiliates against any liability, costs, or damages arising out of your breach of the TOS.
- If you breach the terms of this Section and/or Fertility Genomics has a reasonable ground to suspect that you have breached the terms of this Section, Fertility Genomics may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Export Control and Applicable Laws and Regulations
- You agree to comply with all local rules regarding online conduct and acceptable content.
- You agree that, so far as you are aware:
- Providing your sample is not subject to any export ban or restriction in the country in which you reside; and
- Your sample and data may be transferred and/or processed outside the country in which you reside.
- You will comply with all applicable laws regarding the transmission of technical data exported from the country from which you access Fertility Genomics Services.
- You should not use our Service if in doing so you will breach any applicable laws.
Genetic and/or Self-Reported Information. Your saliva sample, once submitted to and analysed by us, is processed in an irreversible manner and cannot be returned to you. Any Genetic Information derived from your saliva remains your information as set forth in these TOS and our Privacy Statement.
- You understand that you should not expect any financial benefit from Fertility Genomics as a result of having your Genetic Information processed; made available to you; or, as provided in our Privacy Statement and TOS, shared with or included in Aggregated Genetic and Self-Reported Information shared with research partners, including commercial partners.
- Research and Products. As stated above, you understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no intellectual property or similar rights in any research or commercial products that may be developed by Fertility Genomics or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.
- You agree to defend and hold Fertility Genomics, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable legal fees, made by any third party due to or arising out your wilful, reckless or negligent misconduct in submitting, posting or transmitting User Content through the Service; your use of the Service; your violation of the TOS; or your violation of any applicable laws or rights of another.
- If you have submitted a saliva sample or otherwise provided your own Genetic Information, you will defend and hold harmless Fertility Genomics, its employees, contractors, successors, and assigns from any and all claims (unless caused by Fertility Genomics’ negligence) arising out of your use or disclosure of any information obtained from genotyping your saliva sample and/or analysing your Genetic Information, which is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools we provide.
- If you choose to provide your Genetic and/or Self-Reported Information to third parties—whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes—you agree to defend and hold harmless Fertility Genomics, its employees, contractors, successors, and assigns from any and all claims (unless caused by Fertility Genomics’ negligence) arising from such disclosure or use of your Genetic and/or Self-Reported Information.
General Practices Regarding Use and Storage
- You acknowledge that Fertility Genomics may establish or change any existing general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on Fertility Genomics’ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time.
- Where Fertility Genomics establishes or changes such general practices and limits which has a significant impact on your use of the Service, Fertility Genomics will give you reasonable notice to familiarise yourself with such general practices and limits or changes and allow you to take any steps you consider necessary to mitigate the impact of any such general practices and limits or change.
- You acknowledge and agree that Fertility Genomics has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services unless caused by Fertility Genomics’ negligence; or for the loss of Genetic Information due to malfunction or destruction of data servers or other catastrophic events unless caused by Fertility Genomics’ negligence.
Modifications to Service
- Fertility Genomics may at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) to reflect changes in technology, commercial practice, behaviours, our business and the way users use our Service and applicable law and rules.
- Fertility Genomics will use reasonable efforts to notify you of any significant changes to the Service.
- You acknowledge and agree that these changes may result in a delay in computations for some of the Fertility Genomics features or Service and may affect your past activities on the Service, features that you use and your User Content (“Service Elements“). Any changes to the Service could involve Service Elements being deleted or reset.
- You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which Fertility Genomics grants you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service.
- You acknowledge and agree Fertility Genomics shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any Service Elements.
- You acknowledge that Fertility Genomics may offer different or additional technologies or features to collect and/or interpret Genetic Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Genetic Information without fee, and that may have to pay additional fees in order to have your Genetic Information collected, processed, and/or interpreted using any future or additional technologies or features.
- The TOS will continue to apply until terminated by either you or Fertility Genomics as set out in this Section.
- If you want to terminate your legal agreement with Fertility Genomics, you may do so by deleting your account or notifying Fertility Genomics at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to Fertility Genomics’ address, which is set out at the beginning of the TOS, or via email to firstname.lastname@example.org. If you provide notice via email, Fertility Genomics 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.
- Fertility Genomics may, at any time, by notice terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if:
- You have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS) and have failed to remedy such breach on fifteen  days notice in writing to you.
- Fertility Genomics is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful).
- The partner with whom Fertility Genomics offered the Services to you has terminated its relationship with Fertility Genomics or ceased to offer the Services to you.
- Fertility Genomics 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
- The provision of the Services to you by Fertility Genomics is, in Fertility Genomics opinion, no longer commercially viable.
- 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 Fertility Genomics shall not be liable to you or any third party for any termination of your access to the Services.
Survival of Terms
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and Fertility Genomics have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of sections (Definitions); (Acceptance of Terms); (Eligibility); (Description of the Services); (Important Issues Regarding Fertility Genomics Services); (Representations); (Account Creation, Customer Account, Password and Security Obligations); (Fertility Genomics Privacy Statement and Disclosure of Information); (Customer Conduct – Unlawful and Prohibited Use); (Export Control and Applicable Laws and Regulations); (Material Provided to Fertility Genomics – Your Proprietary Rights); (Indemnity); (Termination); (Survival of Terms); (Dealings with Information Providers and Listed Resources); (Hyperlinks and Fertility Genomics Website); (Fertility Genomics Proprietary Rights); (DISCLAIMER OF WARRANTIES); (LIMITATION OF LIABILITY); (Notice); and (Miscellaneous), shall continue to apply to such rights, obligations, and liabilities indefinitely.
Dealings with Information Providers and Listed Resources
- Your correspondence or business dealings with—or participation in promotions of—information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource.
- You acknowledge and agree that Fertility Genomics shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
Hyperlinks and the Fertility Genomics Website
- The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Fertility Genomics has no control over such sites and resources, you acknowledge and agree that Fertility Genomics is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
- You further acknowledge and agree that Fertility Genomics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
Fertility Genomics’ Proprietary Rights
- You acknowledge and agree that Fertility Genomics (or Fertility Genomics’ licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Fertility Genomics and that you shall not disclose such information without Fertility Genomics’ prior written consent.
- You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
- Fertility Genomics Ltd., Fertility Genomics, and other Fertility Genomics logos and product and service names are trademarks of Fertility Genomics and these marks together with any other Fertility Genomics trade names, service marks, logos, domain names, and other distinctive brand features are the “Fertility Genomics Marks”. Unless you have agreed otherwise in writing with Fertility Genomics, other than through the Limited Licence above, nothing in the TOS gives you a right to use any Fertility Genomics Marks, and you agree not to display, or use in any manner, Fertility Genomics Marks.
- You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.
- You agree not to access the Service by any means other than through the interface that is provided by Fertility Genomics for use in accessing the Service. Any rights not expressly granted herein are reserved.
Disclaimer of Warranties
- Although Fertility Genomics attempts to provide the services using a commercially reasonable level of skill and care, as set out in this clause there are certain things that we do not promise about our services.
- Fertility Genomics does not make any promises about the services. We do not guarantee that the services will meet your requirements, be reliable or be available when you want to access the services, the results that may be obtained from the use of the services will be accurate or reliable and the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations.
- Due to the inherent nature of software, the internet, telecommunications networks and websites, Fertility Genomics does not guarantee that the services will be available when you want to use them, error-free or that any communications made using the services or any information or content provided through the services will be secure.
- Certain terms may be automatically included into this agreement by law. These terms relate to the quality of the Service provided, fitness for a particular purpose, and non-infringement. To the extent that Fertility Genomics is allowed to do so by law, we exclude these terms from this Agreement.
- Fertility Genomics does not guarantee that the services are free of viruses and other harmful components and Fertility Genomics will not be responsible to you for any damage arising from any virus or other harmful component in any of the services. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You are advised to back-up or store securely your content and user content.
- No advice or information, whether oral or written, obtained by you from Fertility Genomics or through or from the services shall create any promise not expressly stated in these TOS.
- You should always use caution when giving out any personally identifying information about yourself or those for whom you have legal authority.
- Fertility Genomics does not control or endorse any actions resulting from your participation in the services and, therefore, Fertility Genomics specifically does not accept any responsibility with regard to your actions resulting from your participation in the services.
- Fertility Genomics does not have any obligation to verify the identity of or screen the persons using the services. Fertility Genomics does not have any obligation to monitor the use of the services by other users of the Service. As such, Fertility Genomics will not be responsible for any damage you suffer as a result of your interactions with and the conduct of other users and for identity theft or any other misuse of your identity or information.
- Because we cannot control the behaviour of our users Fertility Genomics does not guarantee the accuracy, completeness or usefulness of any user content or adopt, endorse or accept responsibility for the conduct of any users or for the accuracy or reliability of any opinion, advice or statements they make.
Limitation of Liability
- To the extent permitted by law, Fertility Genomics’ total responsibility for any and all claims you make under these TOS (including implied terms) or related to the use of the services shall be limited to the amount you paid (or someone paid to us on your behalf) for access to the service or one hundred (£100) British pounds, where no amount is paid to us.
- In every case, fertility genomics will never be responsible for any loss or damage that is not reasonably foreseeable.
- To the extent permitted by law, fertility genomics will, unless caused by our negligence, in every and all cases never be responsible for any loss or damage resulting from:
- The use or the inability to use the services;
- Any action you take based on the information you receive in through or from the services;
- Your failure to keep your password or account details secure and confidential;
- The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services;
- Unauthorised access to or alteration of your transmissions or data;
- The improper authorisation for the services by someone claiming such authority; or
- Statements or conduct of any third party on the services.
- Notices to you may be made via either email or regular mail. Fertility Genomics may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Services.
- Official notices related to this TOS must be sent to us at:
Fertility Genomics Limited, 5 South Charlotte Street, Edinburgh, EH2 4AN
- Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Changes to the Terms of Service
- Fertility Genomics may make changes to the TOS from time to time to reflect changes in our Service, technology, commercial practice, behaviours, our business and the way users use our Service and applicable law and rules. When these changes are made, Fertility Genomics will make a new copy of the TOS available on its Website and any new additional terms will be made available to you from within, or through, the affected Services.
- Fertility Genomics will use reasonable efforts to notify you of any significant changes to the TOS.
- You acknowledge and agree that if you use the Services after the date on which the TOS have changed, Fertility Genomics will treat your use as acceptance of the updated TOS.
- Fertility Genomics intends to rely on these TOS as setting out the written terms of our relationship with you unless we have both agreed to a separate written agreement between us that expressly governs over this TOS. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
- For any dispute with Fertility Genomics, you will first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Fertility Genomics has not been able to resolve a dispute it has with you after attempting to do so informally, we will discuss with you and agree the most effective way of resolving our dispute using mediation or arbitration based on the nature of our dispute. Nothing in this section shall prevent either of us from seeking injunctive (emergency) relief or other equitable relief from the courts for matters relating to data security, intellectual property or any other proprietary rights.
- These TOS shall be governed by the laws of England and Wales we each agree that any dispute that goes to court will be heard in the courts of England and Wales.
- If you do not comply with this Agreement and we do not take action immediately, this does not mean that we have given up any rights that we may take action in the future.
- A printed version of these TOS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- The section titles in the TOS are for convenience only and have no legal or contractual effect.
- If any provision or portion of these TOS is found to be unenforceable, this will not affect the remaining provisions or portion.
- You may not transfer any rights or obligations under this TOS. Any transfer will be ineffective. We may freely transfer or delegate all rights and obligations under this TOS and you consent to such transfer.