GENEFIT Terms of Service

These Terms of Service are a binding legal agreement between You and GENEFIT and so please ensure You read and understand this document carefully.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS AND DICTATE PROCEDURES FOR RESOLVING DISPUTES WITH US. PLEASE READ SECTION 2.17 CAREFULLY.

1. Definitions

In this document, unless the context indicates otherwise:

“GENEFIT” refers to CIPHER GENETICS, INC. (doing business as GENEFIT and doing business as 3X4 Genetics), primarily located at 3120 139th Avenue Southeast, Suite 500, Bellevue, WA 98005.
“GENEFIT”, “we”, “us”, “our” and similar terms refer to GENEFIT.
“You”, “Your”, “User”, “End User”, “Athlete”, “Customer”, “Client” and similar terms refers to every person that uses GENEFIT’s services.
“Terms of Service”, or “Terms” refers to this document.
“Third Party” refers to any service provider not directly employed by GENEFIT that we have selected to assist us in fulfilling our GENEFIT Services to You. Examples include the carrier and laboratory services we use.
“Website” refers to the websites at address https://GENEFIT.pro, at address https://kit.3X4.io, and https://3X4genetics.com which are run by and owned by GENEFIT.
“GENEFIT Services”, “Services” refers to the range of offerings provided by GENEFIT through the GENEFIT application, GENEFIT Genetic Test, and Website. These offerings encompass but are not limited to the use, access, and interaction with the aforementioned digital platforms, and may include features such as content, information, tools, and any other resources made available by GENEFIT for the benefit of its users and customers. By utilizing these Services, You agree to abide by the terms and conditions outlined in this document.
“GENEFIT App”, “GENEFIT Application”, “App”, and similar terms, refer to the mobile application developed and offered by GENEFIT offering users tracking, measurements, and analyses of activity, fitness, injuries, tissue health, and adherence to recommendations and training plans. For users who complete a GENEFIT Genetic Test, the app provides insights into their genetic profile and may customize services accordingly. By installing, accessing, or using the GENEFIT App, You agree to be bound by the terms and conditions of these terms of service.
“GENEFIT Account”, “GENEFIT Login”, “GENEFIT Email Address and Password”, “User Account”, and similar terms, refers to a personal and secure digital identity established by an individual user on GENEFIT's platform. It consists of a unique Username and a Password chosen by the user during the registration process. The Username serves as the user's identifier within the system, while the Password is a confidential combination of characters known only to the user, used for authentication and access control. This account grants the user authorized access to various services, features, and functionalities provided by GENEFIT, and it is the user's responsibility to safeguard and manage their account credentials to ensure the security and integrity of their Personal Information and interactions within the platform.
“GENEFIT Genetic Test”, “GENEFIT DNA Test”, and similar terms, denote the specific service offered by GENEFIT which entails GENEFIT supplying You with a GENEFIT DNA Swab Kit, processing your genetic material at a certified laboratory, and providing relevant insights into your genes when You use the GENEFIT Application.
“GENEFIT DNA Swab Kit”, “GENEFIT DNA Sample Collection Kit”, “3X4 DNA Swab Kit”, “3X4 DNA Sample Collection Kit”, “DNA Sample Kit”, or similar terms, refer to the cheek cell sample collection kit that is supplied to You by 3X4 Genetics when You order a GENEFIT Genetic Test. A kit includes an oral swab and sample collection vial and contains instructions on how You can get started with registering your unique kit code and how to ship your cheek cell sample to our laboratory.
“Your Sample”, “Your Cheek Cell Sample”, “Your Swab”, “Your Completed DNA Sample”, “Your Completed Cheek Cell Sample”, “Your Extracted Sample”, “Your Genetic Sample”, or similar terms, refers to your cheek cell sample that You have completed using the DNA Sample Kit, as well as the DNA that was extracted from your cheek cells at our laboratory.
“Personal Information” refers to information about an identifiable individual, including, but not limited to, information relating to gender, sex, age, language, health, fitness, education level, address, contact number, personal opinions, views, or preferences. You can refer to our Privacy Policy for more information on how your information is collected, used, and stored, and whether it is identifiable or non-identifiable. Here are some examples of Personal Information:
1. Personal Information includes your “Genetic Information”, which is information extracted from your DNA sample, whether taken from a cheek swab or saliva sample, in the form of genotypic data (for example, the As, Cs, Gs and Ts in a certain region of your genome). “Raw Genetic Data” refers to a text file containing all the available Genetic Information that was obtained from Your Sample by our laboratory.
2. Personal Information includes your “Wearable Data”, which refers to data supplied to GENEFIT from your connected wearable device including, but not limited to, activity, heart rate, distance covered, and other physiological or behavioral data monitored by the wearable device.
3. Personal Information includes your “Health Information” including, but not limited to, your injury information, physical and mental health, well-being, disability, illness, medical history, and bio-metric information.
“GENEFIT Content”, “GENEFIT Intellectual Property”, or “GENEFIT Property” refers to the content we create and other property of ours. This includes, but is not limited to, our websites, applications, software, products, services, communications, in any capacity, embodied in, displayed, or provided directly or indirectly including but not limited to, trade names, domain names, material, logos, trademarks service marks, any other distinctive brand feature, graphics, images, photographs, design, software, algorithms, information, text, design, functionality, inventions, patents, sounds, music, videos, concepts, templates, documents, methodologies, standard operating procedures or any other materials, as accessed by You.
“User Content” refers to any information, data, health information, wearable information, injury information, audio, photographs, or other materials, that You have created or submitted to GENEFIT, posted onto GENEFIT online platforms, or sent to GENEFIT via email or text message, whether privately or publicly.
“Feedback” refers to any comments, suggestions, input, or communications shared by users or individuals regarding the Services, as well as the information and services offered through these Services. It encompasses user-generated content or insights that provide valuable information, ideas, or perspectives to GENEFIT for the improvement, development, and enhancement of its offerings.

2. Introduction

These Terms of Service may be updated on occasion, and You should review these Terms periodically. If there is anything in this policy You do not agree with, You can choose not to use our Services or terminate any existing Services by deleting your account.
If any rights in these Terms of Service are not enforced by You or GENEFIT, those rights are not waived.
If there is any term or obligation in these Terms of Service found to be invalid, all remaining terms and conditions remain in full effect.
Only by written agreement between You and GENEFIT will we allow any amendments to the latest version of our Terms of Service.
These Terms of Service constitute a complete agreement between You and GENEFIT.
If You use any affiliate or Third-Party Supplier services, You will be subject to the terms and conditions of that service provider.
These Terms of Service are important and should be duly noted by You.
Disclaimer of Express and Implied Warranties

GENEFIT PROVIDES THE SERVICES STRICTLY ON AN “AS IS” BASIS. GENEFIT HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY CONTENT. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT OR ANY EXPENDITURE ON YOUR PART, GENEFIT AND YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO YOU RESIDING ON GENEFIT’S SERVERS. FURTHERMORE, GENEFIT DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS THAT THE GENEFIT SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THE GENEFIT SERVICES WILL BE ACCURATE, RELIABLE OR ERROR-FREE, THAT ANY KNOWN ERRORS IN THE GENEFIT SERVICES WILL BE CORRECTED OR THAT ANY CONTENT DOWNLOADED FROM US WILL BE FREE FROM ANY RISK TO YOU OR YOUR PROPERTY, INCLUDING YOUR DATA. YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICES ON THIS BASIS. GENEFIT does not ensure continuous, error-free, secure, or virus-free operation of the Services or the Servers and You understand that You shall not be entitled to refunds or other compensation based on GENEFIT’s failure to provide any of the foregoing other than as explicitly provided in these Terms. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to You.
Other than as expressly set forth in Section 5.15, GENEFIT makes no representations or warranties and is not bound to any representations or warranties made by representatives of GENEFIT, whether express or implied, including but not limited to any warranties:

of fitness for particular purposes,
of non-infringement,
of merchantability,
that our GENEFIT Services will meet your requirements or expectations,
that our GENEFIT Services will be accurate, reliable, or error-free, or unfailingly secure,
that our GENEFIT Services will not be interrupted or delayed,
that any known errors in our GENEFIT Services will be corrected,
that any content downloaded from us will be free from any risk to You to your property, and/or your data,
that GENEFIT Services are not subject to change,
that your GENEFIT Genetic Test will include a result for all genes tested.

GENEFIT is not a healthcare provider and does not provide professional medical advice or services or diagnose disease. GENEFIT Genetic Tests are not diagnostic tests and are not predictors of future health.
Limitation of Liability
1. IN NO EVENT SHALL GENEFIT OR ANY OF ITS SHAREHOLDERS AND AFFILIATED ENTITIES, DIRECTORS, OFFICERS, EMPLOYEES, EQUITY OWNERS, MANAGERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING ITS MODIFICATION OR TERMINATION), THE WEBSITE, THE SERVERS, OR THESE TERMS, WHETHER OR NOT GENEFIT MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL GENEFIT’S CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU FOR GENEFIT SERVICES.
2. GENEFIT is not liable for any inaccurate information communicated to you, except for when liability arises due to gross negligence or willful misconduct of GENEFIT.
3. GENEFIT will not be held liable for any loss or damages, whether direct, indirect, special, incidental, or consequential loss or damages that may result from your use of the GENEFIT App, Website, or its content, or your ability to use the GENEFIT App and/or Website, and/or any illegal activity on the Website or linked third party website.
4. GENEFIT will not be liable for any damages incurred by any Third-Party Supplier, including but not limited to any act, failure, omission, or oversight when supporting GENEFIT Services.
5. GENEFIT cannot be held responsible for the content, goods, services or actions of any external resources or websites that we may link You to. The Services may contain links to, or otherwise allow connections to third-party websites, servers, and online services or environments that are not owned or controlled by GENEFIT. You agree that GENEFIT is not responsible or liable for the content, policies, or practices of any third-party websites, servers, or online services or environments. Please consult any applicable terms of use and privacy policies provided by the third party for such websites, servers, or online services or environments.
6. These Terms of Service contain provisions which:
  1. serve as an acknowledgement by you, of a fact; and/or
  2. may create risk or liability for you; and/or
  3. may compel You to indemnify GENEFIT or a third party; and/or
  4. may limit the risk or liability of GENEFIT or a third party.
Using the Website, GENEFIT app, and GENEFIT Services is entirely at your own risk. You assume full responsibility for any risk or loss that results from your use of GENEFIT Services, or any information provided by GENEFIT.
GENEFIT cannot accept any responsibility for GENEFIT Services rendered outside the terms of these Terms of Service.
GENEFIT will not monitor or administer any User Content posted on any GENEFIT administered social media.
GENEFIT has the right to review, move, modify, or refuse any content available through our GENEFIT Services.
GENEFIT disclaims any liability for damages or losses incurred directly or indirectly as a result of your access to the Website, GENEFIT Services and/or GENEFIT administered social media, unless specified by law. By using this Website and GENEFIT Services, You hereby indemnify GENEFIT against any loss, claim or damage that may be experienced by You and any third party arising in any way.
Indemnification

You agree to defend, indemnify and/or hold harmless GENEFIT, its parent and affiliated entities, officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from: (i) any breach or alleged breach by You, including without limitation your representations and warranties relating to your User Data; or (ii) your acts, omissions or use of the Services, including without limitation your negligent, willful or illegal conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with our defense of such claim. Under no circumstances may You admit liability of GENEFIT without Our express written consent.
You hereby indemnify GENEFIT from any loss, claim or damage You or any third party may suffer as a result of using, in any way, the GENEFIT App, Website or linked third party website or service.

Dispute Resolution

Mandatory Arbitration

In the event of a Dispute between You and GENEFIT (including any dispute over the validity, enforceability, or scope of this dispute resolution provision), other than with respect to claims for injunctive relief, YOU AGREE THAT THE DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in Seattle Washington.
In the event that there is any Dispute between You and GENEFIT that is determined not to be subject to arbitration pursuant to the preceding sentence, You agree to submit in that event to the exclusive jurisdiction and venue of the state and federal courts sitting in Seattle, Washington. You agree that these Terms and the relationship between You and GENEFIT shall be governed by the Federal Arbitration Act and the laws of the State of Washington without regard to conflict of law principles. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s Intellectual Property Rights in any court of competent jurisdiction where the other party resides or has its principal place of business.

Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by You, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

Services Modification, Interruption, and Termination

GENEFIT may on occasion modify, update, interrupt, or suspend or terminate the operation of its GENEFIT Services at any time, for any reason, with or without prior notice.
You agree that GENEFIT will not be liable to you, or any Third Party, for any losses or damages caused by the suspension, interruption, or termination of GENEFIT Services.
We reserve the right to add, modify, or eliminate aspects, features, or functionality of the Services from time to time or for maintenance purposes, to protect the integrity or functionality of the Services, for the purposes of compliance with applicable laws and regulations, to effect improvements in security and functionality, to correct errors, or for any other purposes, at our sole discretion. We also reserve the right to terminate the Website or Services at any time at our sole discretion. In the event of termination of the Services. We will complete your outstanding order(s) for a GENEFIT Genetic Test or provide You with a full refund for your GENEFIT Genetic Test.
GENEFIT does not agree to store for any length of time any of your Personal Information, including your Genetic Information, or User Content, other than as set out in Section 5.13.
GENEFIT may terminate our GENEFIT Services to You and blacklist You on a database if there is suspected fraud, abuse of the Website or any other violations of these Terms of Service.
You agree that GENEFIT will not be liable to you, or any third party, for any interruption, suspension, or termination of the Services (whether intentional or not), and You understand that You will not be entitled to any compensation for interruption or suspension of service. Likewise, You agree that in the event of loss of any User Content, we will not be liable for any purported damage or harm arising therefrom.

Releases

You agree not to hold GENEFIT liable for the content, actions, or inactions of You or other users of the Services or of other third parties. As a condition of access to the Services, You release GENEFIT (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any Dispute You have or claim to have with one or more other users of the Services or with other third parties, including whether or not GENEFIT becomes involved in any resolution or attempted resolution of the Dispute.

If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or the releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If You are a resident of another jurisdiction, You waive any comparable statute or doctrine.

3. GENEFIT App License Grant

Subject to Your compliance with these Terms, by installing, accessing, or using the GENEFIT App, GENEFIT grants You a non-exclusive, non-transferable, revocable license to use the App on Your mobile device solely for Your personal, non-commercial use.
To use certain features of the App, You may be required to create a user account. You are responsible for maintaining the confidentiality of Your account credentials and are liable for any activity conducted under Your account.
If You choose to use the App in conjunction with GENEFIT Genetic Test Services, You agree to adhere to any additional terms and policies related to such services.
Your use of the App is subject to our Privacy Policy, more information on which can be found in Section 4 of these Terms. By using the App, You consent to the collection and use of Your information as described in the Privacy Policy.
GENEFIT may provide updates, modifications, or support for the App at its discretion.
GENEFIT reserves the right to terminate these Terms at any time without notice if You fail to comply with its terms. Upon termination, You must cease all use of the App and uninstall it from Your device.
THE APP IS PROVIDED "AS IS," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
GENEFIT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF YOUR USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
For questions or concerns regarding these Terms, please contact us at info@genefit.pro.

4. Privacy

Your privacy is important to us. GENEFIT’s Privacy Policy is incorporated into these Terms of Service as set forth herein. You can locate them by clicking on the link. You should review them in conjunction with your review of these Terms as they will inform You as to how we may collect, use, and share Personal Information when You use the Services.
You acknowledge, consent and agree that GENEFIT may access, preserve and disclose your information, including the information You submit to us, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of GENEFIT, its employees, and the public; or (f) pursuant to the terms of the Privacy Policy. GENEFIT does not agree to preserve, for any length of time, any of your or your clients’ Personal Information, including your Genetic Information, or User Content.
Your submissions to the GENEFIT app and/or Website, (including to the extent applicable personally identifiable information), are made voluntarily. GENEFIT does not claim ownership of Your submission(s) or User Content. You are hereby expressly granting GENEFIT a nonexclusive, irrevocable, worldwide, perpetual, royalty free license (including sublicense), consistent with our Privacy Policy, to use, copy, modify (including create derivative works) or transmit your submission, in connection with the Site and the GENEFIT business, in any media formats and through any media channels now known or hereafter developed. GENEFIT will not pay You for your submission. For each submission, You represent and warrant that You have all rights necessary for You to post or submit the submission and to grant the licenses and permissions in this section and that You are solely responsible for the content of your submission. GENEFIT reserves the right to review and monitor submissions but is under no obligation to do so. In addition, GENEFIT is not responsible for screening, monitoring, or editing submissions. GENEFIT will not monitor or administer any User Content posted on any GENEFIT administered social media.

5. Acceptance of Terms of Service

These Terms are governed by the Electronic Signatures in Global and National Commerce Act. BY ACCESSING OR USING THE SERVICES AND/OR SIGNIFYING YOUR ACCEPTANCE TO THESE TERMS, YOU AGREE TO THE TERMS OF THIS ELECTRONIC AGREEMENT AND REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND YOURSELF TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE WEBSITE OR USE THE SERVICES. BY USING THE GENEFIT APPLICATION, WEBSITE AND GENEFIT SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THESE TERMS OF SERVICE. IF ANYTHING IS UNCLEAR OR YOU DO NOT UNDERSTAND ANY PORTION OF THESE TERMS OF SERVICE, IT IS YOUR RESPONSIBILITY TO CONTACT GENEFIT FOR AN EXPLANATION. YOU MAY CONTACT US EITHER AT info@genefit.pro or CALL US AT +1 (206) 456-0957.
When You accept these Terms, the following provisions further apply:
1. We may modify these Terms by notifying You as provided in Section 2.1. By continuing to access or use the Services after the effective date of any such change, You agree to be bound by the modified Terms.
2. If any rights in these Terms of Service are not enforced by You or GENEFIT, those rights are not waived.
3. You agree that any information You supply to GENEFIT is true, accurate and complete.
4. You agree that GENEFIT cannot provide GENEFIT Genetic Tests outside of the United States of America
5. If You do not comply with your obligations under these Terms of Service, this may lead to a suspension of your access to the Website, and GENEFIT Services.
6. You will not use any means to interfere with the proper working of the Website, GENEFIT Application and GENEFIT Services nor will You copy, monitor, or change the Website, GENEFIT Application and GENEFIT Services or any information created by GENEFIT without our express written permission.
7. You agree that any misuse of GENEFIT Property for commercial gain may result in monetary damages being claimed against You and You may be served with a legal restraint to cease and desist any activities of misuse, without us needing to demonstrate damages.
8. You may only use GENEFIT Property where necessary to be able to access GENEFIT Services that are specified in these Terms of Service.
9. By using the GENEFIT app, website and using GENEFIT’s Services, You acknowledge that You have read, understood, and agreed to these Terms of Service.
10. If anything in this document is unclear or You do not understand something, it is your responsibility to contact GENEFIT to ask that we explain it to You. Contact us at info@genefit.pro or +1 (206) 456-0957.
11. You understand that GENEFIT may amend these Terms of Service and that it is your responsibility to check for any amendments and cease using GENEFIT Services should You not agree to the amendments. Your use of the Website and GENEFIT app after any amendment constitutes agreement to the amendments.
12. You must not use the Website, use the GENEFIT App, use a GENEFIT DNA Swab Kit (supplied by 3X4 Genetics, a division of GENEFIT), or participate in any GENEFIT Services if You do not agree to these Terms of Service.
13. You are welcome, at any stage, to stop using GENEFIT Services without needing to inform GENEFIT, subject to the terms in the Agreement of Sale specified in these Terms of Service. You agree that, by using GENEFIT Services, You are 18 years of age or older and of full legal capacity or are being supervised by your parent or legal guardian. If your parent or legal guardian supervises You with their consent, that person is bound to these Terms of Service and will be held liable for You and all your obligations in this document.
If You lack the ability to enter into a binding agreement or are not legally authorized to act on behalf of a person under the age of 18 years, You must not use GENEFIT Services.
In terms of these Terms of Service, You may not transfer your obligations or rights to any third party.
You agree that You are using GENEFIT Services for personal use only.
You agree that any information You supply to GENEFIT is true, accurate and complete.
You agree that You are not representing an insurance company, government or employer trying to obtain Genetic Information of another person, unless there is a separate, written agreement between You and GENEFIT.
You agree not to use GENEFIT Services outside of the United States of America or South Africa, and not to export or resell GENEFIT Services.
If You do not comply with your obligations under these Terms of Service, this may lead to a suspension of your access to the GENEFIT app and/or Websites without any prejudice.
You will not use any means to interfere with the proper working of GENEFIT Services.
You will obtain prior, written consent from GENEFIT to copy, monitor or change GENEFIT Property or any information displayed by GENEFIT.
You may create Hyperlinks to GENEFIT.pro, which are limited, non-exclusive and revocable and cannot portray GENEFIT, its affiliates, licensors, successors, Third Party Suppliers, products, or services in any way that is defamatory, offensive, derogatory, or amounts to hate speech, or that causes confusion.
GENEFIT Services allow You to purchase the GENEFIT Genetic Test.
1. You understand and agree that your participation in GENEFIT Services allows GENEFIT to collect and store your DNA. You understand that your acceptance, as set out in Section 5 of these Terms of Service constitutes your express consent to and acceptance of the facts that:
  1. Your Genetic Sample is identified with a kit code to ensure it cannot identify You personally while in transit or at the laboratory.
  2. Your Genetic Sample is stored securely by the laboratory for 6 months and then destroyed automatically.
  3. Your Genetic Information is stored securely on GENEFIT’s encrypted Amazon Cloud-based servers accessible only to a minimal number of authorized GENEFIT personnel.
  4. Your Genetic Information is stored on a separate server from the server storing Your identifiable Personal Information so that Your Genetic Information cannot be used to personally identify you.
  5. Your Genetic Sample and Genetic Information can be processed, transported to, and/or transferred to a different country from where You reside.
2. When registering and submitting your DNA sample, You represent that your sample is of your own cheek cell material.
Neither GENEFIT Genetic Tests nor GENEFIT DNA Swab Kit (supplied by 3X4 Genetics) are available for resale, unless agreed to in writing.
You understand and agree that your Personal Information is stored securely on GENEFIT databases. GENEFIT maintains procedures to protect your Genetic Information against unauthorized access, destruction, use, modification, and disclosure, to provide You with access to such information, and to delete such information (except as may be required to be retained under applicable law). This is explained in more depth in our Privacy Policy. If You are a California resident, You have the right to file a complaint under Section 56.182(c) of the California Civil Code if your rights under this paragraph are breached.
You waive any rights to any GENEFIT Property by participating in GENEFIT Services.
You acknowledge that You will not be compensated by GENEFIT for your use of our Services, and You will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture, franchise relationship is intended or created by these Terms. There are no third-party beneficiaries, intended or implied, under these Terms.
By agreeing to these Terms, You understand that it is your responsibility to ensure that You are medically fit and ready to take part in any physical activity and do so entirely at your own risk.
You will immediately inform GENEFIT by email (info@genefit.pro) or phone call (+1 (206) 456-0957) if You reasonably suspect, or are made aware of, any unauthorized access to, or use of, the GENEFIT Services or Personal Information on your mobile or any other of your communication or data storage devices.
Any violation by You of these Terms may result in immediate suspension or termination of the Services we provide to You without any refund or other compensation.
Integration, Interpretation of Section Headings and Severability: The agreements, understandings and policies referenced in these Terms set forth the entire agreement and understanding between You and GENEFIT with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings. GENEFIT reserves the right to modify these Terms at any time upon notification to You as provided above. If any future change is unacceptable to You, You should discontinue using the Services. Your continued use of the Services will always indicate your acceptance of this agreement and any changes to it. You acknowledge that no other written, oral, or electronic communications will serve to modify or supplement these Terms, and You agree not to make any claims inconsistent with this understanding or in reliance on communications not part of these Terms. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of these Terms. If any provision of these Terms shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
Understanding GENEFIT Services
1. The GENEFIT app is an innovative software application designed with the intention of using genetic information to personalize physiological outputs typically generated by wearable devices with heart rate and GPS functionality, and to provide fitness and health recommendations based on both wearable and genetic information, as opposed to other genetic products that focus on recommendations based only on genetic information only.
2. The GENEFIT app provides features such as records and analyses of your activities and performance, providing training plans and training goals, and if You complete a GENEFIT Genetic Test, providing insights into your genes and customizing our Services according to your genes.
3. The GENEFIT Genetic Test Service includes supplying You with a DNA Swab Kit (supplied by 3X4 Genetics, a division of GENEFIT), and the collection and processing of Your Completed DNA Sample at our Third-Party laboratory. Each kit includes a unique kit code that You need to register and link to your GENEFIT account via the Website.
About GENEFIT Science
1. The GENEFIT Genetic Test selected genes for analysis based on strong scientific evidence and clinical relevance in terms of their impact on key athletic performance categories and metabolic pathways.
2. GENEFIT nutritional recommendations provided once You have completed a GENEFIT Genetic Test, are based on our best interpretation of the latest evidence in sports nutrition and nutrigenomics. The field of nutrigenomics (or nutrigenetics) personalizes nutrition and lifestyle advice according to one’s genes and has been shown to lead to a better chance of improving health, compared to following general nutritional advice.
3. We may refer to a gene variant as having a specific “impact”. The impact refers to how much the gene variation affects the protein’s function as well as the metabolic process the protein is involved in.
4. The gene variants that are tested by GENEFIT are all considered “low penetrance” genes. This means that the gene by itself does not cause an illness or condition.
5. The GENEFIT Genetic Test is not meant as a diagnostic tool but is rather used as a preventative and screening tool to detect areas that may improve physical performance though injury prevention, nutritional, training and recovery strategies.
6. GENEFIT performs ongoing scientific research and utilizes technology to continually update our Services so that we provide the best possible value to You, and to continually improve the accuracy of our outputs.
About Genetic Tests
1. Genetic variation is what makes us all unique, whether it’s hair color, skin color or other traits such as athletic ability or injury susceptibility. Genetic traits are established at the moment of conception, where genes are inherited from both parents to make up a unique genetic identity. Genetic traits are encoded into one’s DNA, which is contained within each cell in the body. DNA provides the instructions to your body on how to build, develop and maintain these traits. Certain genetic traits are self-evident, such as hair color, but others are not as obvious, such as your body’s ability to recover from training. Some genetic traits may only manifest or become visible later in life. Some genes (or combination of genes) have a stronger or weaker impact, and some are more influenced by diet, environment, and lifestyle factors than others are. Testing your genes enables You to identify genes that are potentially impacting your health and athletic performance, which genetic traits can be nurtured (when desirable) or can potentially be avoided or mitigated by following certain diet and lifestyle choices. Receiving science-backed advice on training, diet, and lifestyle which is tailored to your unique genetic code, can help You get closer to your health and athletic goals, and can help You prevent or minimize injury and illness.
2. We recommend that You understand the implications of getting your genetic results.
  1. Knowing your genetic results is irreversible and therefore is a decision that should be taken seriously.
  2. The information You receive may be disturbing or negative and may impact on your psyche, your family, as well as your social, economic, legal, and financial surroundings.
  3. It is recommended that You speak to a health professional, trained in genetics, before embarking on a journey to discover your genetic results.
  4. If You experience any anxiety, it is recommended that You seek advice from your physician before getting your genetic results.
  5. We recommend that You understand what your Genetic Information means and does not mean for You.
  6. Your genes only form a part of what makes You who You are.
  7. If your genetic results show that You do not have a genetic predisposition for a certain disease or condition, that does not necessarily mean that You will not develop that disease or condition.
  8. If your genetic results show that You have a genetic predisposition for a certain disease or condition, that does not mean that You will develop that disease or condition.
3. We recommend that You understand the implications of sharing your genetic results.
  1. We recommend that You discuss with a lawyer before sharing your genetic results, for example sharing them with an insurance company or employer. Federal laws, in particular the Genetic Information Nondiscrimination Act, provide You with protection from discrimination by health insurance companies, group health plans, and employers based on your Genetic Information.
  2. It is possible that if You share your Genetic Information with a physician or healthcare provider, it may form part of your medical record which could be accessed in the future by, for example, physicians, healthcare providers, or insurance companies.
  3. It is possible that any Genetic Information You choose to share, for example with family, friends, or employers, may be used against You.
4. Research into genetics is continually evolving.
  1. With future advances in genetic research, any current state will only reflect a portion of the implications of genetics.
  2. With future advances in genetic research, it is important to consider that the relevance or interpretation of your Genetic Information is subject to change.
  3. Any interpretations of your Genetic Information done in the past would need to be revised in accordance with any future advances in genetic research, at your own expense.
5. There may be limitations in the laboratory’s tests and the genes tested.
  1. The genes tested in the GENEFIT Genetic Test only constitute a small percentage of your genes.
  2. Other genes that are not tested in the GENEFIT Genetic Test may have more impact on your health.
  3. Factors in your environment may have more impact on your health.
  4. On occasion, certain DNA cannot be processed at the laboratory because the results do not meet the criteria to be considered an accurate result.
  5. On occasion, data provided by the laboratory may not be able to be interpreted or may be incorrect. In this case, You will not be refunded.
  6. GENEFIT is not a laboratory, nor does it perform laboratory testing services. All laboratory services are conducted by a Third-Party Supplier laboratory.
  7. On occasion, the result for a certain gene cannot be provided because it does not meet the criteria to be considered an accurate result or the result cannot be obtained for a certain gene due to technical reasons.
6. Using GENEFIT Services
  1. GENEFIT is not a healthcare provider or physician and does not provide medical services. We provide You with GENEFIT Services that are for information, research, or educational purposes only.
  2. GENEFIT strongly recommends that You consult with your physician before beginning any training plan.
    1. You should be in good physical condition to commence training. GENEFIT is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You acknowledge that You are responsible for exercising within your own skill and fitness levels. If You feel any discomfort, pain, sickness, dizziness, or similar, You will immediately stop the activity.
    2. You should understand that when participating in any exercise or training plan, there is the possibility of physical injury. You agree to follow this training plan at your own risk, are voluntarily participating in the workouts, assume all risk of injury to yourself, and agree to release and discharge GENEFIT from any and all claims or causes of action, known or unknown, arising out of GENEFIT.
  3. GENEFIT strongly recommends that You consult with your physician before taking any action based on the health information provided by GENEFIT.
    1. We urge You to talk with your physician or health professional about how the GENEFIT Genetic Test is right for You. GENEFIT staff cannot answer questions about why the test is right for You specifically.
    2. We urge You to discuss your GENEFIT genetic results with a physician or health professional before taking any action based on the health or training information provided by GENEFIT.
    3. We urge You to consult with your physician or health professional before embarking on any training program, fitness program, physical activities, weight-loss program, beauty regime, or any other action mentioned or alluded to in the GENEFIT Services.
    4. We urge You to consult with your physician if You are currently taking medication and/or undergoing treatment or program for any condition or disease before using any GENEFIT Service.
    5. We urge You to consult with your physician for any information on diagnosis, treatments, disease prevention, cures, medication, or anything else related to your health.
  4. You acknowledge and agree that any information that You get from your GENEFIT app, your GENEFIT Genetic Test and any advice provided by GENEFIT, should not be considered medical advice or medical services.
    1. Any information provided by us should not form a substitute for a consultation or treatment by a physician.
    2. Any information provided by us should not be used for diagnostic or treatment purposes for any medical condition.
    3. Any information provided by us should not be used to make any medical decisions.
    4. The relationship between You and GENEFIT is not a Doctor-Patient relationship.
    5. You should not change your health behavior only using the information GENEFIT provides.
    6. If You rely on the information provided by GENEFIT, our employees or another member of the public, You do so solely at your own risk.
    7. You acknowledge and agree that GENEFIT is not liable for any information or advice provided to You by a GENEFIT staff member or authorized representative.
  5. You agree that You are not taking a GENEFIT Genetic Test or engaging in any of our GENEFIT Services to pursue medical advice or treatment.
  6. You agree that GENEFIT reserves the right to update or implement changes to GENEFIT Services.

6. Payments, Fees, Agreement of Sale & Conditions of Sale

Payments
1. When submitting payment for any fee, You select a payment method made available by GENEFIT (e.g., credit card, a third party such as Apple App store or Google Play) and provide information about your payment method. When You submit your payment information, You authorize us and certain Third-Party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. If You pay through the Google Play or Apple App store, You may change your Payment Method through the corresponding store account.
2. No refunds or credits will be provided by GENEFIT, other than as set forth in these Terms.
3. If the payment provider identifies any unauthorized charges on your account stemming from the utilization of your Payment Method within the Services, please reach out to us promptly at info@genefit.pro.
4. Payment security is extremely important to GENEFIT. We use reputable Third-Party payment service providers to ensure all transactions are secure and are utilizing applicable encryption technology.
5. You are solely responsible for repaying back to GENEFIT any reversed or charged-back credit card payments, within 30 days of being contacted by GENEFIT.
Fees
1. To access specific features of the Services, it may be necessary to make payments in the form of subscription fees.
2. To get the most from your GENEFIT app experience, it may be necessary to purchase a GENEFIT Genetic Test.
3. These subscription fees, inclusive of applicable taxes, can be settled either on a monthly or annual basis, and they are required to be paid in advance.
4. For users transitioning from monthly to annual subscriptions, the annual rates will become effective at the start of the subsequent billing cycle.
5. By using your GENEFIT account, You commit to covering the subscription fees and any other charges incurred, whether they are one-time, or subscription based.
6. GENEFIT reserves the right to adjust subscription fees, associated taxes, or introduce new fees, subject to reasonable prior notice.
Auto-Renewal
1. Subscription fees will be automatically invoiced at the commencement of the relevant monthly or annual cycle.
2. These fees will continue to be renewed automatically until You downgrade or terminate your subscription.
3. Your subscription fee will remain consistent with your initial charges unless You receive prior notification of any changes.
4. You have the option to cancel your subscription at any time, as outlined in the Section 6.4.
Cancellation of GENEFIT App Subscription
1. If You initially subscribed via Google Play or Apple App Store, You have the option to cancel your subscription through the respective store.
2. The cancellation of your subscription will take effect at the conclusion of your ongoing billing cycle.
3. Upon the conclusion of your subscription, your account will transition to a free subscription status.
4. You can renew your subscription at any point without the need to create a new account, though the relevant subscription fees may have been adjusted.
5. You may delete your account at any time.
GENEFIT Genetic Test Agreement of Sale, Cancellations, Returns and Refunds
1. An Agreement of Sale for a GENEFIT Genetic Test comes into effect when GENEFIT receives a successful payment through authorized GENEFIT payment channels and/or coupons.
2. GENEFIT Genetic Test Order Completion
  1. GENEFIT will ensure You receive a DNA Sample Kit through Third-Party delivery or via a GENEFIT staff member or authorized representative, within a reasonable time after receiving your payment for a GENEFIT Genetic Test, provided the address is within the United States of America.
    1. GENEFIT DNA Swab Kits are supplied by 3X4 Genetics, a division of GENEFIT.
    2. GENEFIT cannot accept responsibility for any loss incurred if your GENEFIT DNA Swab Kit (supplied by 3X4 Genetics, a division of GENEFIT) was delivered correctly to the address You confirmed.
    3. Proof of delivery is available upon request.
    4. We recommend You are home for the time of delivery to reduce the risk of loss or theft.
  2. Contingent on your participation and adherence to the instructions provided by GENEFIT, we will process your cheek cell sample at a Third-Party Supplier laboratory.
  3. Contingent on your participation and adherence to the instructions provided by GENEFIT, our order is considered complete once your GENEFIT Genetic Results are available on your GENEFIT application, whether or not You access Your results or are currently using the GENEFIT application.
  4. Your cheek cell sample and/or DNA sample cannot be returned to You.
3. GENEFIT Genetic Test Cancellation, Returns, Refunds and Handling Fees
  1. GENEFIT may cancel your order for a GENEFIT Genetic Test, at our discretion, at any stage, for any reason, which we do not have to disclose, after which we will refund You in full, as soon as possible but no later than 30 days after such cancellation.
  2. If we are unable to generate a successful, accurate result of your DNA sample processing after three attempts, You will be refunded the paid price in full, and You agree that You will not be able to try to submit another sample, whether by purchasing another test or via another method, with GENEFIT at any time in the future. If it is found that You do not honor these Terms of Service and submit another cheek cell sample, we will not re-process your sample or refund You.
  3. Other than specified in these terms, no refunds will be processed for GENEFIT Services rendered.
  4. If You have confirmed or paid for your order and we are able to cancel the order at the time of processing your request, You can cancel the order and we will refund the full amount that You paid.
  5. If your order has been shipped and You have not opened your kit(s), and You have not yet registered your kit(s), You can return your kit(s) to us and we will refund the amount that You paid, minus a $50.00 handling fee per kit, provided the kit packaging and components are in their original condition.
  6. Refunds, replacements, and cancellations cannot be provided if the test kits were delivered more than 60 days
  7. If an order was sent to an incorrect shipping address provided by you, we can send You a new kit for a handling fee of $50.00 per kit.
  8. If your kit has expired, You will need to purchase a new GENEFIT Genetic Test, at the current price.
  9. If You return your kit, or your completed genetic sample, without registering your kit online, a new kit can be sent to You at a cost of $100.00 per kit.
  10. Once You have returned your completed genetic sample to GENEFIT or GENEFIT’s Third-Party laboratory, we are unable to provide a refund.
  11. Failure to follow the instructions provided with your kit, or by GENEFIT staff, may result in delays or additional handling fees to be able to complete your test.
  12. If our lab is unable to generate a report using your sample, a GENEFIT staff member will contact You directly to arrange another sample at no charge. If the sample fails again twice, You will be refunded in full and may not submit another sample.
  13. If You need an additional GENEFIT DNA Swab Kit to be delivered to You because You lost or contaminated your Kit, or You mislabeled your Kit, or registered your Kit incorrectly, GENEFIT can deliver a replacement GENEFIT DNA Swab Kit to you, for a handling fee of $50.00 per kit.
  14. If your kit arrives damaged or defective, You need to inform us at info@genefit.pro within 2 weeks of receiving your kit and we will replace it at no charge. If You do not inform us within this time, GENEFIT can deliver a replacement kit to you, for a handling fee of $50.00 per kit.
  15. To submit a request to cancel your order, email info@genefit.pro or call +1 (206) 456-0957.
  16. Returns are only valid once they have been authorized by GENEFIT and returned to the correct return address provided by us at the time of authorizing the return.
  17. Refunds can only be issued back to the original payment method.
4. Additional Services & Exceptions; Revocation
  1. Placing a GENEFIT Genetic Test in your cart does not qualify as an order. GENEFIT cannot guarantee that the price of the GENEFIT Genetic Test will be the same when You return at a later time.
  2. You may revoke the consent You provided in Sections 5.1 and 5.2 of these Terms of Service by sending an email to info@genefit.pro to such effect. Within 45 days of receipt of such email, GENEFIT shall honor such revocation and destroy your Genetic Samples.
  3. If You do not complete and/or register your DNA sample within 90 days of receiving your GENEFIT DNA Swab Kit (supplied by 3X4 Genetics, a division of GENEFIT), GENEFIT will be able to process your sample for a nominal handling fee of $30.00. Please contact us at info@genefit.pro to arrange this.
  4. If You do not return your Completed DNA sample within 7 days of registering your GENEFIT DNA Swab Kit (supplied by 3X4 Genetics, a division of GENEFIT), GENEFIT will be able process your sample for a nominal handling fee of $30.00. Please contact us at info@genefit.pro to arrange this.
  5. Raw Genetic Data Requests
    1. While Raw Genetic Data provided by GENEFIT meets general quality assurance standards, only a subset of genetic markers has been individually validated for accuracy by GENEFIT.
    2. GENEFIT provides health, activity, fitness, nutritional and/or lifestyle recommendations based on a proprietary pathway-based analysis of a subset of your Raw Genetic Data.
    3. GENEFIT provides Raw Genetic Data in text file format, as generated by Thermo Fisher Scientific’s Axiom Genotyping platform. Converting the file to other data formats is not a service provided by GENEFIT.
    4. Raw Genetic Data provided by GENEFIT should be used for informational purposes only, and not be used for medical, diagnostic, or other use. We recommend You consult with a healthcare professional before making any major changes to your health and wellness regimes based on Raw Genetic Data.

7. Intellectual Property Rights

GENEFIT owns certain unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and other intellectual property rights, derivatives thereof and forms of protection of a similar nature all over the world (“Intellectual Property Rights”) in and to and relating to the Services, including but not limited to the following: GENEFIT Services, GENEFIT Content, GENEFIT Property, GENEFIT Products, GENEFIT Test, GENEFIT Genetic Test, GENEFIT Nutrigenomic Test, GENEFIT Nutrigenetic Test, GENEFIT Report, GENEFIT Results, GENEFIT Genetic Data, 3X4 Services, 3X4 Content , 3X4 Property, 3X4 Products, 3X4 Test, 3X4 Genetic Test, 3X4 Nutrigenomic Test, 3X4 Blueprint, 3X4 Report, 3X4 Nutrigenomic Report, 3X4 Results, and 3X4 Genetic Dat In addition, GENEFIT owns its websites, applications, servers, trademarks, service marks, trade names, logos, domain names, taglines, and trade dress (collectively, the “GENEFIT Marks”). You understand that such Intellectual Property Rights are separate from any rights You may have in User Content You upload or submit to the Services. You acknowledge and agree that GENEFIT and its licensors own all right, title, and interest in and to the Services, including all Intellectual Property Rights therein, other than with respect to User Content. Except as expressly granted in these Terms, all rights, title, and interest in and to the Service, except all User Content, and in and to the GENEFIT Marks are reserved by GENEFIT. Copyright, trademark and other laws of the United States and foreign countries protect the Services and the GENEFIT Marks.
GENEFIT Services may include third party logos, content, and trademarks, whereby the respective third party’s rights apply.
GENEFIT Property is protected by law, including but not limited to copyright and trademark law, is considered the property of GENEFIT, its advertisers, successors, affiliates, and licensors and is licensed to GENEFIT.
1. Any use of the GENEFIT Property is strictly prohibited, including but not limited to any use, derivation, copying, linking, framing, distribution, modification, or reverse engineering, without our written consent.
2. You agree that any misuse of GENEFIT Property for commercial gain may result in monetary damages being claimed against You and You may be served with a legal restraint to cease and desist any activities of misuse, without us needing to demonstrate damages.
3. You may be subject to criminal or legal claims for misusing GENEFIT Property.
4. The GENEFIT logo, or any associated logos, are registered or unregistered trademarks.
5. You may not use GENEFIT Content or GENEFIT Services to distribute material or speech that is defamatory, offensive, derogatory, or amounts to hate speech.
6. You may only use GENEFIT Property where necessary to be able to access GENEFIT Services that are specified in these Terms of Service.
Any GENEFIT Content use, distribution or duplication is prohibited except for purposes authorized by these Terms of Service or by law. To obtain written permission from GENEFIT to use our content, please write to us at info@genefit.pro to submit your request at the sole discretion of GENEFIT.
GENEFIT appreciate your input, comments, suggestions, and any other communications you'd like to share regarding the Services and the content and features we offer through them. By providing Feedback, you grant GENEFIT a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to do the following with your Feedback: copy, distribute, create derivative works, publicly display, perform, and otherwise utilize it, as well as to develop, manufacture, market, and offer products and services based on your Feedback. Please do not sent GENEFIT any Feedback if you do not wish to grant us the above-mentioned licensing rights.

8. GENEFIT SMS/Text Messaging Services

By consenting to GENEFIT’s SMS/text messaging Services, you agree to receive recurring SMS/text messages from and on behalf of GENEFIT through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list.
Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.).
Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with GENEFIT. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18339623586 or click the unsubscribe link (where available) in any text message to cancel.You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other GENEFIT mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18339623586 or email info@genefit.pro.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

9. Legal Particulars, Governing Law, Jurisdiction, and International Use

GENEFIT is a United States-based service. We make no representation that any aspect of the Services is appropriate or available for use outside of the United States or may be used for persons who are not residents of the United States. Those who access the Services from other locations are responsible for compliance with applicable local laws.
GENEFIT’s information is as follows and should be considered in tandem with our Terms of Service:
1. Full names, details, and legal status:
  1. CIPHER GENETICS, INC., a private company registered in Delaware, Employer Identification Number 84-3194869.
  2. Physical address: 3120 139th Avenue Southeast, Suite 500, Bellevue, WA 98005
  3. Telephone number: +1 (206) 456-0957
  4. Website address: https://GENEFIT.pro, https://kit.3x4.io, https://3x4genetics.com
  5. Email address: info@genefit.pro
All formal notices and legal processes referring to these Terms of Service are to be serviced at address 3120 139th Avenue Southeast, Suite 500, Bellevue, WA 98005. This address may be updated by GENEFIT by being updated in these Terms of Service.
The governing law of these Terms of Service is the law of the State of Washington in the United States of America.
Notices: Any formal notices must be in English, and delivered by hand, or by email. Notices sent by hand will be considered as received on the date of delivery. Notices sent by email must include a “read receipt” function as emails will be considered as received on the date indicated on a “read receipt”.