2020.05.19

TERMS OF SERVICE


1. Introduction

Welcome to iSearchme, a personal genetic testing and analysis service provided by ichrogene USA Inc. (“Company”, “ichrogene” “us”, “we”, or “our”) ichrogene USA Inc. operates iSearchme, which is accessible to eligible users through our website (https://www.ichrogene.com) and our iSearchme mobile application (hereinafter referred to as “Service”, together or individually).

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our Service.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our Service. Please read it here, https://www.ichrogene.com/privacy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at info@ichrogene.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

2. Electronic Communications

By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. You may opt out of receiving any, or all, of these communications from us, however, by following the unsubscribe link or by emailing us at info@ichrogene.com. To communicate with the Company, please use electronic means only. You hereby agree to accept as legally sufficient any and all Company communications you may need, including but not limited to terms and conditions, agreements, and notices. The foregoing does not affect any rights you may have which cannot be waived under applicable law.

3. Eligibility

The Service is intended only for access and use by individuals at least eighteen (18) years old. By using the Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both access to and use of Service. Your use of the Service must not violate any applicable law or regulation in the jurisdiction in which you reside.

4. Compliance with Laws

Your use of the Service is subject to applicable laws and regulations. You are responsible for complying with them.

The Service’s software and technology components may be subject to U.S. export control laws and regulations. You shall not export, re-export, or transfer, directly or indirectly, any of the Service’s software or technology components, or any U.S. technical data acquired therefrom, or any products utilizing such data, in violation of the U.S. export laws or regulations.

5. Reservation of Rights

ichrogene reserve the right to change or discontinue all or any part of the Service at any time in our sole discretion, with or without notice to you. We will not be liable to you or to any other user, if for any reason all or any part of the Service becomes unavailable at any time or for any period. We also reserve the right to suspend or terminate your account and your access to the Service, if we determine, in our sole judgment, that you are in violation of these Terms of Use or any applicable law or regulation.

6. Use of the Service

iSearchme is a service that provides genetic traits (“Traits”) analysis, which allow you to learn more about your genome. It helps you interpret genomic data from consumer genomics companies.
The analysis will consist of multiple categories including physical characteristics, intelligence, nutrition, fitness, personality, and lifestyle. Please note that with respect to these characteristics, the Service provides you with a prediction based on currently available literature, not a guarantee of a particular result

In order to analyze your relevant Traits and provide you an analysis,

(i) You need to create your account on the Service. By registering an account on the Service, you warrant that you are eligible to use the Service pursuant to Section 3 of these Terms of Service and that all account information you provide to us is your own information and is truthful and accurate. You understand and agree that we may immediately suspend or terminate your account if we have any reason to believe that you have misrepresented or provided false account information to us. It is your responsibility to keep your account information accurate and current. As the account holder, you are responsible for safeguarding your account login information (username and password), and you should notify us immediately in the event your account login is lost, stolen, or used by another without your permission. You are responsible for all activities on your account, including activities by anyone whom you allow to access your account.

(ii) You need to submit a properly completed and signed consent form (“Terms of Consent”) to us.

(iii) We need to collect your raw genetic data (“Raw Data”) that are obtained from one of three consumer genomics companies. (23andMe, Ancestry.com, MyHeritage). We have no relationship with any of the three, nor do we recommend or criticize them or any of them. We limit our work to data from these three companies. You can submit your Raw Data by uploading it on the Service. If you upload the Raw Data of another person and let us analyze those data, you warrant that: (a) you either have legal authority to do so (e.g., you are a parent or legal guardian of a child under the age of 18 whose Raw Data you are submitting and are allowing us to collect and analyze his or her Raw Data), or have obtained authorization from such person to allow us to collect and analyze Raw Data about him/her; and (b) you are not an insurance company or an employer attempting to obtain information about an insured person or an employee. If you let us collect and analyze Raw Data about another person, you are representing to us that you are authorized to submit the Terms of Consent and a questionnaire relating to health and lifestyle (“Questionnaire”) for and on behalf of that person.
If you upload Raw Data to the Service from outside the United States, you warrant that doing so does not violate any law or regulation in the country or jurisdiction in which you reside, and you expressly authorize and consent to our collecting and analyzing, in the United States, such uploaded Raw Data and 1.) all resulting genetic information, such as any findings from the analysis and future studies; and 2.) all associated predispositions to traits, derived from the genetic information.

(iv) We will use advanced genetic tools to analyze your data and provide you an analysis. We may ask you to fill out the Questionnaire so we can learn more about the genetic basis of different traits.

The results of the Traits analysis are accessible only through the Service.

7. Prohibited Uses

You may use the Service only for lawful and noncommercial purposes and in accordance with Terms. You agree not to:

(a) use the Service to promote discrimination, violence, or hate towards groups or individuals based on race, color, religion, ethnicity, family heritage, sex, national origin, age, income, or health data;

(b) use the Service to violate the privacy of another person, including without limitation: impersonating another person, or creating an account on the Service in the name of another person, or submitting another person’s Raw Data to the Service without valid authorization or legal authority;

(c) use the Service for any illegal activity;

(d) use the Service for any commercial activity;

(e) access or attempt to access any Service system, account, data or information that you are not authorized to access

You further expressly acknowledge and agree that you may not redistribute, sell, lend, rent or transfer any software used in the Service to a third party. We reserve the right to delete user account, report, and/or Raw Data and block access at our sole discretion.

8. Risks

While there are no physical risks from using the Service, there may be information risks.

The Service will provide you with information about you. You might learn unexpected findings about yourself or your family. Once you know your genetic information, the knowledge is irreversible. For some, the information is empowering; for others, the findings may cause anxiety and discomfort. Also, the information you receive may not be positive and may be upsetting to you or to others with whom you choose to share the information. In some cases, it may disrupt longstanding and valued interpersonal relationships. In others, it may help you form new relationships. If you elect to upload your Raw Data, you do so at your own risk. If the possibility of some adverse effect from sharing your information is unacceptable, it is probably best if you exercise your right to maintain confidential the information the Service provides you.

9. Important Disclaimers

The Service is not intended to diagnose, treat, cure, or prevent any disease. The Service is only for educational, informational and research purposes and it is experimental by nature.

WE DO NOT PROVIDE MEDICAL DIAGNOSES OR MEDICAL ADVICE OR RECOMMENDATION FOR MEDICAL TREATMENT, AND DOES NOT PROVIDE GENETIC ANALYSIS OR REPORTS REGARDING DISEASES OR MEDICAL CONDITIONS OR TENDENCIES TOWARDS DISEASES OR MEDICAL CONDITIONS

YOU SHOULD NEVER USE THE SERVICE OR ANY INFORMATION OBTAINED THROUGH THE SERVICE FOR SELF-DIAGNOSIS, TREATMENT, CURE, OR PREVENTION OF ANY DISEASE OR HEALTH OR MEDICAL CONDITION. IF YOU DO, YOU DO SO SOLELY AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCES WILL ICHROGENE BE RESPONSIBLE OR LIABLE FOR ANY INJURY (INCLUDING BUT NOT LIMITED TO PHYSICAL INJURY, EMOTIONAL DISTRESS, MENTAL ANGUISH, AND DEATH) OR LOSS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR YOUR USE OF ANY THIRD PARTY DNA SERVICES, OR YOUR FAILURE TO CONSULT WITH QUALIFIED HEALTHCARE PROFESSIONALS OR SEEK PROFESSIONAL MEDICAL DIAGNOSIS, ADVICE OR TREATMENT.

The Service is provided as-is. We cannot guarantee the accuracy of the algorithms the Service employs. Moreover, as the analysis is based on your Raw Data, that you obtained from other companies, inaccuracies in your Raw Data may affect your results.

You agree that all claims must be brought in each party's individual capacity and not as a representative plaintiff or class member in any purported class or representative proceeding. By creating an account, using the Service, or uploading Raw Data, you agree to waive the right to bring or participate in a class action claim.

You understand and agree that the Service may lead to new products, research tools, or inventions that have financial value and you will not be able to share in the profits from any future commercialization of products developed from this study.

10. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics
We have no relationship to Google other than by contracting with it for its monitoring and analytical services. When you use the Services, you accept the risk that Google or one of its related companies may share your data with a third party.

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. These data are shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

11. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provided to the original company (23andme, Ancestry.com, MyHeritage), at the time you submitted it, was accurate, complete, and current. You acknowledge that furnishing inaccurate, incomplete, or obsolete information to that company or to the Service may result in the immediate termination of your account on Service. You also acknowledge that, if information the original company provides to the Service is inaccurate or incomplete or out-of-date, any report, data or information provided to you by the Service may also be incomplete or inaccurate or out-of-date.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or one that is not lawfully available for use, or without appropriate authorization a name or trademark that is subject to any rights of another person or entity other than you. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

12. Intellectual Property

The Service and its original content (excluding users’ Raw Data), features and functionality are and will remain the exclusive property of ichrogene USA Inc. and its licensors. Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ichrogene USA Inc.

13. Copyright Policy

We respect the intellectual property rights of others, it is our policy to respond to any claim that content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@ichrogene.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA [Digital Millennium Copyright Act] Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims of infringement of any Content found on and/or through Service on your copyright.

14. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

(b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

(c) identification of the URL or other specific location on Service where the material that you claim is infringing is located;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at info@ichrogene.com

15. Error Reporting and Feedback

You may provide us directly at info@ichrogene.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible owing to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including a right to copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

16. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by ichrogene USA Inc.

ichrogene USA Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services, any or all of which are subject to change at any time without notice to us. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT ICHROGENE USA INC. 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 CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT, INCLUDING THOSE YOU LINK TO FROM OUR SITE.

17. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING REASONABLE ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

19. Arbitration Agreement

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the Commonwealth of Virginia or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in biotechnology and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.

20. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

21. Governing Law

These Terms shall be governed and construed in accordance with the laws of Commonwealth of Virginia without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Service and supersede and replace any prior agreements we might have had between us regarding the Service.

22. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason if all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including users.

23. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically, as they are binding upon you. You should do so at each visit.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

24. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND UNDERSTAND THEM AND AGREE TO BE BOUND BY THEM.

25. Contact Us

Please send your feedback, comments, requests for technical support:
By email: info@ichrogene.com.