GLISKKO INC - PRIVACY POLICY
Your privacy is a top priority to Gliskko. We recognize how important it is to keep your information secure and confidential, and most importantly, yours. Privacy matters for your information, and in particular your Genetics, Laboratory and Self-Reported Information.
Our goal at Gliskko is to create an environment where you can learn about your health and genetic makeup, easily discover information relevant to your genetics, conventional biomarkers and lifestyle, and connect with other people on the same journey.
We aim to create tools that you can use to identify genetic variations of interest to you. We also aim to provide information that you can consider when thinking about how to respond to those variants of interest. In order for us to provide you with the services described above we need to analyze files that contain data about your genetic variations. With this in mind please take the time to read through our Terms of Service.
This Privacy Policy describes the types of information we collect and describes how we use, maintain, protect, and disclose the data that we collect from you.
We are committed to protecting your information through our compliance with this Privacy Policy. By accessing or using our Services, you accept our practices described in this Privacy Policy. If you do not agree with our practices and policies, you can choose not to access or use our Services. Capitalized terms not defined in this Privacy Policy have the same meaning as in Gliskko’s Terms of Service.
What is Personal Identifiable Information?
Personal Identifiable information (PII) is information that can be used to identify you, either alone or in combination with other information.
Gliskko collects and stores the following types of Personal Information:
What do we mean by Genetic Information?
With this term we refer to any information regarding your genotypes, generated through processing the Genetic Information you have uploaded on Gliskko´s Platform-Maika, or that has been uploaded by any of our partners, independent contractors or otherwise processed by and/or contributed to Gliskko.
What do we mean by Laboratory Information?
With this term we refer to any laboratory test data you have uploaded on Gliskko´s Platform-Maika, or that has been uploaded by any of our partners, independent contractors or otherwise processed by and/or contributed to Gliskko.
What is included in the term “Sensitive Information”?
This term refers to information about your health, Genetic, Laboratory and Self-Reported Information, and information related to your racial and ethnic origin, sexual orientation, and political affiliation.
What kind of information Do We Collect?
We collect several types of information from and about users of our Services. We may collect some of your Personal Demographic Information. You must provide certain information when you access our Services through our Platform-Maika or by logging into our website. This information includes your name, email address, the password you create, and credit card or other payment information. Your account information also includes records and copies of any correspondence with you and details of any transactions you carry out through our Services. You will have the chance to upload what we call “Self-Reported Information”. This is information you provide directly to us, either through our app or through any third party, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your Gliskko account. Gliskko may ask you to provide data about yourself, including demographic data such as personal and family medical history, age, sex, physical features such as eye color, behavioral information such as exercise habits, or self-declared ethnicity. We also collect “Online Behavior” Information collected through tracking technology. Online Behavior information is that info that can show us how you use our Services collected through log files, cookies, web beacons, and similar technologies, (e.g., device information (device identifiers), IP address, browser type, domains, page views). We and our third-party service providers use cookies and similar technologies (such as web beacons, tags, scripts and device identifiers). If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited. We may receive reports based on the use of these technologies from third party service providers as anonymized, Individual-level Information or as Aggregate Information. Individual-level information is that of a single individual’s genotypes, diseases or other traits/characteristics, but which is not necessarily tied to Registration Information. Registration Information is the one that you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information). Aggregate information is information that has been combined with that of other users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified. Google Analytics is used to perform many of the tasks listed above. Gliskko works with Google Analytics to better understand our audience and users, to improve our marketing campaigns, and to enhance our services. You can learn more about Google Analytics’ privacy choices or opt out at any time. We may collect your information to send you some promotional offers of our services. If you do not wish to have your contact information used by Gliskko to promote our Services, you can opt-out by changing your account settings. You may not be able to opt out of receiving certain Service-related emails, such as communications about orders, billing, account creation, registration and policy updates. If we have sent you a promotional email or other informational email not related to your order or account, the email will have an “unsubscribe” feature that will allow you to opt-out of receiving future email distributions. Some other parties’ information you provide to us: If you have purchased a product as a gift for someone else, your gift recipient must create their own account.
Gliskko will not share any personal information of the gift recipient with you. Our Services are not intended for anyone under 18 years of age. We do not knowingly collect personal information from or on behalf of someone under 18. If you are under 18, do not register on our App or provide any information about yourself to us. If we learn we have collected or received personal information from or on behalf of someone under 18, we will make commercially reasonable efforts to remove the information and/or user account and not make future use of that information to contact a minor. If you believe we might have any information from or about someone under 18, please contact us at service@gliskko.com.
Genetic Information: You may provide us with a Genetic Information file, by uploading it to our software. In connection with our Services, Gliskko processes and stores this Genetic Information, including your Insights. Insights means the process by which Gliskko interprets your Genetic Information to produce Gliskko Insights when you request to receive that feature in your Gliskko Account. If you do not wish to have Gliskko Insights produced for you, do not request to receive this feature or products related to it. You do not need to receive your Gliskko Insights in order to use other parts of the Gliskko Platform-Maika. With your consent, as described in our Platform-Maika Consent, we do the following: store the Genetic Information you upload provide you Gliskko Insights In the following sections, we describe how we use your Genetic Information and Self-Reported Information in particular: When you upload your Genetic Information, Gliskko stores it. When you choose to receive Gliskko Insights, Gliskko will use certain portions of your Genetic Information to produce your Gliskko Insights. For the Gliskko Services you purchase, you allow Gliskko to use certain portion(s) or all of your Genetic Information to deliver the genetic interpretations offered by our Services to you and improve them over time. Your Genetic Information may be combined with that of other users as “Aggregated Genetic Information.” Aggregated Genetic Information is that that does not include any data that would reasonably permit someone to identify you individually. Gliskko may use Aggregated Genetic Information for its internal business purposes, such as to improve our products, data quality and laboratory processes. Aggregated Genetic Information may also be used for our promotional purposes. This could include describing users of our Services in general terms (e.g., “50% of our users are male” or “on average our users have 2% Neanderthal DNA”).
Laboratory Information: You may provide us with Laboratory Information, by uploading it to our software. In connection with our Services, Gliskko processes and stores this Laboratory Information, including your Gliskko Insights. Your Laboratory Information may be combined with your Genetic Information to improve interpretations of your Genetic Information, including Gliskko Insights. Gliskko Insights means the process by which Gliskko interprets your Laboratory Information to produce Gliskko Insights when you request to receive that feature in your Gliskko Account. If you do not wish to have Gliskko Insights produced for you, do not request to receive this feature or products related to it. You do not need to receive your Gliskko Insights in order to use other parts of the Gliskko Platform-Maika. With your consent, as described in our Platform-Maika Consent, we do the following: store the Laboratory Information you upload provide you Gliskko Insights
In the following sections, we describe how we use your Genetic Information, Laboratory Information and Self-Reported Information in particular:
When you upload your Laboratory Information, Gliskko stores it. When you choose to receive Gliskko Insights, Gliskko will use certain portions of your Laboratory Information to produce your Gliskko Insights. For the Gliskko Services you purchase, you allow Gliskko to use portion(s) or all of your Laboratory Information to deliver the lab test interpretations offered by our Services to you and improve them over time. Your Laboratory Information may be combined with that of other users as “Aggregated Laboratory Information.” Aggregated Laboratory Information is that that does not include any data that would reasonably permit someone to identify you individually. Gliskko may use Aggregated Laboratory Information for its internal business purposes, such as to improve our products, data quality and laboratory processes. Aggregated Laboratory Information may also be used for our promotional purposes. This could include describing users of our Services in general terms (e.g., “50% of our users have high blood pressure” or “on average, our users have 20% body fat”).
Self-Reported Information. Many traits are also influenced by non-genetic factors, as discussed in our Terms of Service and Platform-Maika Consent. Your Self-Reported Information may be combined with your Genetic Information to improve interpretations of your Genetic Information, including Gliskko Insights. Some Products may require this information for purposes of interpreting your Genetic Information, but it is up to you to provide this information. If you do not provide this information, you may not be able to purchase or use certain Gliskko Products.
Before you are allowed to use our services, you will be asked to accept our Terms of Use, our Privacy Policy, and all terms and Conditions to which the provision of our Services are subject. Unless you provide us with your express consent you will not be able to access some or all of our services. You will also be asked if you would like us to store your data to provide you with some other genetic testing Services. If you accept us storing your Genetic Information, storage will be governed by this Privacy Policy, our Terms of Use, and any applicable laws and regulations applicable to you and to us. How do we use your information? Gliskko will use and share your Personal Information with third parties only in the ways that are described in this Privacy Policy. To provide you with Services and to analyze and improve our Services: We use the information described above to operate, provide, analyze and improve our Services. These activities may include, among other things, using your information in a manner consistent with this Privacy Policy to open your account, enable purchases and process payments, communicate with you, and implement your requests (e.g., referrals) contact you about your account, and any relevant information about our Services (e.g. policy changes, security updates or issues, etc.) enforce our Terms of Service and other agreements monitor, detect, investigate and prevent prohibited or illegal behaviors on our Services, to combat spam and other security risks and perform research & development activities, which may include, for example, conducting data analysis in order to develop new or improve existing products and services, and performing quality control activities. For individuals located in the European Economic Area (“EEA”) and the United Kingdom: For those individuals located in the European Economic Area (“EEA”), we process your Personal Information in accordance with our Terms of Service and this Privacy Policy for the following purposes: To process, analyze and deliver our reports based on your Genetic or Laboratory Information: We will analyze your Genetic, Laboratory and Self-Reported Information to provide you with health insights and other related Services. Gliskko continuously works to improve our Services based on our research and product development, and genetic associations identified in scientific literature. If you are eligible to receive additional reports or updates in the future, you may be notified of or may directly access these updates. For individuals located in the European Economic Area (“EEA”): Our legal basis for processing your Sensitive Information for the purposes described above is based on your consent. You may withdraw your consent at any time at https://gdpr-rep.eu/dsrtool/11364712, however, the withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal. You have the choice to participate in our Research studies by providing your consent. “Research” refers to research aimed at publication in peer-reviewed journals and other research conducted by Gliskko. Gliskko Research may be conducted on behalf of, or in collaboration with third parties. In those Researches, we may study a specific group or population, identify potential areas or targets for therapeutics development, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on genetic research initiatives, or otherwise create, commercialize, and apply this new knowledge to improve health care. We may use Aggregate and/or Individual-level Genetic Information. Your anonymized Genetic, Laboratory and Self-Reported Information may be used for Research purposes only if you have consented to this use by completing a Consent Document. Anonymized information is that that has been stripped of other pieces of information that can trace back the first piece with you, such that you cannot reasonably be identified as an individual, also known as pseudonymized or anonymized information. If you have given us consent to use your Genetic, Laboratory and Self-Reported Information for Research, your Genetic Information will be used for research purposes, but it will be anonymized and will not be linked to your Registration Information. We may still use individual-level Genetic, Laboratory and Self-Reported Information to enhance the results of other internal research at Gliskko. We may also share summary statistics, which do not identify any particular individual or contain individual-level information, with our qualified research collaborators. Research is an important aspect of our Services and we want to ensure interested participants are aware of additional opportunities to contribute to scientific research conducted by healthcare organizations and pharmaceutical companies. If you have chosen to participate in any Research, from time to time send you an email to ask you if you want to participate in any of these Researches. We will not share Genetic Information with any third party without your explicit consent. For individuals located in the European Economic Area (“EEA”) or the United Kingdom: Our legal basis for processing your Sensitive Information for the purpose described above is based on your consent. You may withdraw your consent at any time, however, the withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal. If you have given us express consent to use your Genetic and Laboratory Information for Research purposes, Gliskko may share anonymized Genetic and Laboratory Information and with select third party research collaborators for Research purposes. Withdrawing your Consent. You may withdraw your consent to participate in any of our Research efforts at any time by contacting us at service@gliskko.com. Any research involving your data that has already been performed or published prior to your consent withdrawal will not be reversed, undone, or withdrawn. For individuals located in the European Economic Area (“EEA”) or the United Kingdom, the legal basis for processing your Sensitive Information for the purpose described above is based on your consent. You may withdraw your consent at any time, however, the withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal. What do we share with others? We sometimes share the information described above with our third-party service providers, as necessary for them to provide their services to us and help us perform our contract with you. Service providers are other companies or individuals that help us to provide, analyze and improve our Services. We engage some third-party service providers to assist in supporting our Services. To process your Genetic, Laboratory or Self-Reported Information, we may use third-party service centers. When you accept our Privacy Policy and our Terms of Service, you are consenting us to share your Genetic information with any of our third-party service providers. How do we store your information? We store your information using third-party cloud storage services providers. Our cloud storage providers provide secure storage for information in dedicated databases, ensuring that our infrastructure can support continued use of our Services, and protect data in the event of a natural disaster or other disruption to our Service. Our IT and security service providers assist with intrusion detection and prevention measures to stop any potential attacks against our networks. When you use our Services, including our website and online Platform-Maika, our third party service providers may collect Online Behavior Information about your visit, such as the links you clicked on, the duration of your visit, and the URLs you visited. This information can help us improve site navigability and assess our Marketing campaigns. Per applicable data protection regulations, our EU, UK, and International websites present visitors with a cookie opt in to allow the processing of cookies and other marketing functionalities. We implement procedures and maintain contractual terms with each service provider to protect the confidentiality and security of your information. However, we cannot guarantee the confidentiality and security of your information due to the inherent risks associated with storing and transmitting data electronically. For individuals located in the European Economic Area (“EEA”) and the United Kingdom, when we transfer some or all your Personal Identifiable Information to a third country or to an international organization, we implement appropriate safeguards, such as contractual obligations, relating to the transfer. We may share Aggregate Information, which is information that has been stripped of your name and contact information and combined with information of others so that you cannot reasonably be identified as an individual, with third parties. This Information is different from “Individual-level” information and is not Personal Identifiable Information because it does not identify any particular individual or disclose any particular individual’s data. In contrast, we will ask for your consent to share your individual Genetic Information with any third party, other than our service providers as necessary for us to provide the Services to you. We may share some or all of your Personal Identifiable Information with other companies under our common ownership or control, which may include our subsidiaries, our corporate parent, or any other subsidiaries owned by our corporate parent in order to provide you better service and improve user experience. Generally, sharing such information is necessary for us to perform on our contract with you. We may provide additional notice and ask for your prior consent if we wish to share your Personal Identifiable Information with our commonly owned entities in a materially different way than discussed in this Privacy Policy. Under certain circumstances your Personal Identifiable Information may be subject to processing pursuant to laws, regulations, judicial or other government subpoenas, warrants, or orders. We may be required to disclose Personal Identifiable Information in coordination with regulatory authorities in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We will preserve and disclose any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal or regulatory obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations, or to enforce the Terms of Service and Privacy Policy. Also, and in the event that Gliskko goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Identifiable Information will likely be among the assets transferred. In such a case, your information would remain subject to the promises made in any pre-existing Privacy Policy. How Do You Access, Correct or Remove Your Information? Knowing what we know about you: We provide access to our Platform-Maika by the use of a dedicated account. You can access all your Genetic, Laboratory, and Self-Reported Information, and all reports and information created for you as part of our Services, including Gliskko Insights. You may access, correct or update most of your Personal Identifiable Information through our Platform-Maika. When you access our services, whether entering into our website, signing in to our Platform-Maika, or when purchasing any of our products and Service, you may be asked to opt-in to receive promotional emails or notifications when creating your account with Gliskko or when using our Services. You may view or update your notification preferences for marketing communications by contacting our Privacy Administrator at service@gliskko.com Deleting your info: If you no longer wish to have access to our Services, or no longer wish to have your Personal Identifiable Information be processed, you may delete your account and Personal Identifiable Information by requesting it to service@gliskko.com. Once you submit your request, we will send an email to the email address linked to your account detailing our account deletion policy and requesting that you confirm your deletion request. Once we confirm your identity, your request will become effective. This process cannot be canceled, undone, withdrawn, or reversed. When your account is deleted, all associated Personal Identifiable Information is deleted and any stored Genetic, Laboratory, and Self-Reported Information will be discarded. However, some information will not be erased. For example, information previously included in Research, for which you have given consent to use in any of our Research, cannot be removed from completed studies that use that information. Additionally, there are legal retention requirements that we need to comply with some legal processes in certain locations, for which some of your Personal Identifiable Information will not be subject to complete erasure. We will retain limited information related to your account and data deletion request, including your email address, account deletion request, any emails or communications related to inquiries or complaints and legal agreements for a limited period of time as required by law, contractual obligations, and/or as necessary for the establishment, exercise or defense of legal claims and for audit and compliance purposes. Other third parties privacy policies: We often provide links to third party websites operated by organizations not affiliated with Gliskko. We do not disclose your information to organizations operating such linked third party websites. We also do not review or endorse, and we are not responsible for the privacy practices of these organizations. We encourage you to read the privacy policy of each and every website that you visit. This Privacy Policy applies solely to information collected by Gliskko, our affiliated entities, and our service providers on our behalf. Information for our customers in the European Economic Area (“EEA”) and the United Kingdom. The following rules apply to you. Your Personal Information will be transferred to, stored, and processed in data centers located within the European Union (“EU”) territories. If you have questions about how we process your information, contact us at https://gdpr-rep.eu/dsrtool/11364712. For the most part of our Services we will be the “controller” of your Personal Identifiable Information, as we determine the means and purposes of processing your information when using our Services. A “controller” is a natural or legal person, public authority, agency or other body which alone or jointly with others, determines the purposes and means of the processing of your Personal Information. For some other Services, we will act as a simple “processor” of your Personal Identifiable Information, as we will act on behalf of other third parties. We may process your Personal Identifiable Information if you consent to the processing, to satisfy our legal obligations, if it is necessary to carry out our obligations arising from any contracts we entered with you or to take steps at your request prior to entering into a contract with you, or for our legitimate interests to protect our property, rights, our customers or others. Promotional Offers from Gliskko. If you do not wish to have your contact information used by Gliskko to promote our Services, you can opt-out by changing your account settings. You may not be able to opt out of receiving certain Service-related emails, such as communications about orders, billing, account creation, registration and policy updates. If we have sent you a promotional email or other informational email not related to your order or account, the email will have an “unsubscribe” feature that will allow you to opt-out of receiving future email distributions. You may also withdraw your consent at any at https://gdpr-rep.eu/dsrtool/11364712 We will only share your Personal Identifiable Information with third parties for marketing purposes with your explicit consent. If you do not want us to use your Personal Identifiable Information in this way, you may withdraw your consent at any time by emailing service@gliskko.com. You may raise such objections with regard to initial or further processing for purposes of direct marketing at any time and free of charge. The withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal. How do you exercise your rights? You can exercise your privacy rights by following the instructions below or contacting us at service@gliskko.com. We will handle your request under applicable law. When you make a request, we may verify your identity to protect your privacy and security. You have the right to withdraw consent at any time. To the extent we request you provide your consent to the processing of your Personal Identifiable Information, you can withdraw your consent at any time. Your withdrawal will not affect the lawfulness of our processing based on consent before your withdrawal. You have the right to know what Personal Identifiable Information we have of you, and you can request us to correct any part of it. At any point in time you can access to https://gdpr-rep.eu/dsrtool/11364712 and request a correction of your Personal Identifiable Information. In some cases, we may reject part or all of your request if responding to your request could adversely affect the rights and freedoms of others. You have the right to be forgotten. That’s right, you can request us to delete your account at any time. You can request erasure of Personal Information that: (a) is no longer necessary in relation to the purposes for which it was collected or otherwise processed (b) was collected in relation to processing to which you previously consented, but later withdrew such consent or (c) was collected in relation to processing activities to which you object, and there are no overriding legitimate grounds for our processing. If we have shared your Personal Identifiable Information with any third parties, but we are still required to erase such Personal Identifiable Information, we will take reasonable steps, including technical measures, to inform controllers that are processing any links to or copies or replications of your Personal Identifiable Information of your erasure request. Our assistance with your request for erasure is subject to limitations by relevant data protection laws, available technology and the cost of implementation. You have the right to take your info with you. If we process your Personal Identifiable Information based on a contract with you or based on your consent, or the processing is carried out by automated means, you may request your Personal Identifiable Information in a structured, commonly used and machine-readable format. You may also request the transfer of your Personal Information directly to another controller, where technically feasible, unless choosing to exercise this right adversely affects the rights and freedoms of others. You have the right to ask us to stop processing your Personal Identifiable Information. You can restrict our processing of your Personal Identifiable Information where one of the following applies: (a) you dispute the accuracy of Personal Information processed by us (for a period enabling us to verify its accuracy) (b) the processing is unlawful and you oppose the erasure of the Personal Identifiable Information and request the restriction of its use instead (c) we no longer need the Personal Information for the purposes of the processing, but we are required to do it by you for the establishment, exercise or defense of legal claims and (d) you have objected to certain processing relying on legitimate interest, pending the verification whether our legitimate grounds override your rights. Restricted Personal Information shall only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest. We will notify you if the restriction is lifted. You can also limit the scope of what we do with your Personal Identifiable Information. Where the processing of your Personal Information is based on consent, contract, or legitimate interests described under the Legal Bases for Processing heading above, you may restrict or object, at any time, to the processing of your Personal Information as permitted by applicable law. We may continue to process your Personal Information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law. What happens with any information we have already shared with others? We will provide notice to each recipient that we disclosed your Personal Information to regarding any rectification or erasure of Personal Information or restriction of processing, unless you initiated the disclosure or providing notice proves impossible or involves disproportionate effort. Upon your request, we will share the list of recipients with you. You will never process your info through automated profiling systems. You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal or similarly significant effects on you, except as allowed under applicable data protection laws. How long will we keep your Personal Identifiable Information? Unless you request us to delete your account or any of your Personal Identifiable Information, we will store it as long as your account is open, unless a longer retention period is required or permitted by law. The rights described above may be limited by local laws. Have in mind that your right of access and deletion is not absolute and may not be available if fulfillment of such right would, if they can cause interference with execution and enforcement of the law and legal private rights (such as in the case of the investigation or detection of legal claims or the right to a fair trial) or if that causes to breach or prejudice the rights of confidentiality and security of others prejudice security or grievance investigations, corporate reorganizations, or in any way violate the interests of others or where the burden or cost of providing access would be disproportionate. If you believe your rights have been infringed: You should immediately reach out to us so that we can activate our internal processes to remediate your concerns. You can contact us at: Privacy Officer 254 Chapman Rd, Set 208 #15563, Newark Delaware 19702 United States, service@gliskko.com . Alternatively, you may contact our EU member representative, DataRep, at https://gdpr-rep.eu/dsrtool/11364712 You also have a right to file a complaint with your member country’s supervisory authority of your habitual residence, place of work, or place of alleged infringement. You can find the relevant supervisory authority name and contact details here: We may change the terms in this Privacy Policy. We have the right to modify this Privacy Policy from time to time. We recommend revisiting this page periodically to stay aware of any changes to this Privacy Policy. If we make any changes, we’ll make it available through our website. Whenever material changes to this Privacy Policy are made, we will provide you with notice before the modifications are effective, such as by posting a notice on our website or sending a message to the email address associated with your account. By continuing to access or use the Services after changes to this Privacy Policy become effective, you agree to be bound by the revised Privacy Policy. If any changes are unacceptable to you, you may stop using our Services and delete your account at any time.
GLISKKO INC - TERMS OF USE
Our goal at Gliskko is to create an environment where you can learn about your genetic makeup, easily discover information relevant to your genetics and lifestyle, and connect with other people on the same journey. We aim to create tools that you can use to identify genetic variations of interest to you. We also aim to provide information that you can consider Gliskko Terms of Service Welcome to Gliskko. Our goal at Gliskko is to create an environment where you can learn about your genetic makeup, easily discover information relevant to your genetics and lifestyle, and connect with other people on the same journey. We aim to create tools that you can use to identify genetic variations of interest to you. We also aim to provide information that you can consider when thinking about how to respond to those variants of interest. For us to provide you with the Services described above we need to analyze files that contain data about your genetic variations. The information hidden in your genetic makeup is both extremely useful and personal. “Gliskko” means Gliskko Inc, and/or its affiliates (“Gliskko”, “we”, “us”). We provide website content, functionality, and other products and services to you when you visit or make purchases at http://www.Gliskko.com (the “Site”) or remotely through any Gliskko applications (collectively, the “Services”). "Service" or "Services" includes Gliskko’s products, software, services, consultations, the mobile app 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 of if the use is in connection with an account or not. Gliskko provides the Services subject to the following terms and conditions. By accessing or using the Site or Services, you agree to be bound and abide by these Terms of Service. Please read them with care. 1. Requirements for Use of the Services By using the Services, you represent and warrant to us that you are (i) of legal age to form a binding contract with Gliskko and agree to these Terms of Service, and (ii) are not barred under any applicable laws from doing so or from receiving Services in the jurisdiction where you reside or where you use them. You must be 18 years or older to create a Gliskko account or purchase a Gliskko Product (see below). If you do not meet these requirements, you must not access or use the Services. 2. Additional Terms Your use of the Services is also subject to any applicable terms, policies, or rules that we may post or provide a link to on the Site. As of now, these terms include Gliskko’s Privacy Policy, and Platform-Maika Consent. All such applicable terms, policies and rules are considered part of these Terms of Service and incorporated by reference. 3. Description of Services The Services include the following features and functions related to genetic interpretation: Uploading a Genotype File. Gliskko stores the data that you chose to upload that make up the DNA code of your genes (“Genotype File”). Gliskko will only store this data when you accept these Terms of Service. By uploading information on our systems, you agree to be bound by Gliskko’s Privacy Policy, and Platform-Maika Consent. Gliskko will only store information in compliance with any and all data privacy regulations applicable to you. Please be advised that you may be entitled to certain privacy rights depending on your location at the time you access our services, your nationality, and your place of residence. Please refer to our Privacy Policy to learn more about your privacy rights. To request our assistance regarding your rights under these Terms of Services, you can obtain more information about the protections given to your data by reaching out to our Privacy Team at service@gliskko.com. For those individuals within the European Economic Area (“EEA”) and the United Kingdom, you can reach us at https://gdpr-rep.eu/dsrtool/11364712 Gliskko obtains this data from a genotype file that you upload. The genotype file data and any interpretation of that data, are your “Genetic Information.” Gliskko Platform-Maika. Gliskko hosts a Platform-Maika (the “Gliskko Platform-Maika'') where you may receive insights about yourself or another person from Gliskko based on the Genetic Information you provide (“Gliskko Insights”) to us. By uploading your Genetic Information to our Platform-Maika you are authorizing us to use, interpret your and deliver your Genetic Information as per our Privacy Policy to provide you a customized experience of our services and products (“Gliskko Products”). Gliskko Products are made by Gliskko and use a portion of your Genetic Information to offer a specific Gliskko Product or Service to you. The Gliskko Platform-Maika provides you with tailored results based on the genotype file you choose to use. Gliskko Account. Gliskko provides you access to a software Platform-Maika via a https://Gliskko.com account (the “Gliskko Account”). Your Gliskko Account allows you to manage your Genetic Information, your Gliskko Insights, the Gliskko Products you purchased, and other account settings. If you subscribe as an 'Individual' user then you will be limited to a single genotype file upload, whereas if you register as a 'Professional' user then you will have unlimited uploads available. Professional users need to abide to our Privacy Policy and the “Professional Users Privacy Term Sheet” Gliskko Services include, but are not limited to, utilities (tools within the website that perform specific functions relating to processing your genetic and lab test data and presenting results) for interpreting your Genetic Information. These are not guaranteed to be accurate and may be discontinued at any time. Services also include a community Platform-Maika for forum-based discussion where you can share information related to the findings we made based on your Genetic Information. This community Platform-Maika may be canceled at any time. Services are offered to you via a subscription membership with either a yearly, monthly, or one-time fee determined by the subscription package you choose. Subscriptions cannot be placed on hold. We provide a free trial and demo version for those who wish to try the site before purchasing or uploading their Genotype File. Please see the Renewals, Cancellations, and Refund Policy below for more information. Gliskko reserves the right to terminate your membership for any reason. Nothing in the Services provided under the subscription membership model grants you a perpetual license. However, you will continue to have access to any and all privacy rights you are entitled to as per our Privacy Policy after the termination of your membership for any reason. Your membership is only a subscription where you must pay an ongoing subscription fee to have up-to-date access to the Service or new membership offerings. Once your sample is received by Gliskko, DNA extraction, sequencing, and data analysis are performed to provide non-diagnostic reporting and recommendations. At its discretion, Gliskko may use third-party laboratories to perform DNA extraction, sequencing, and data analysis. Your sample collection kit may be Gliskko-branded even when such a third party will be doing DNA extraction, sequencing, or data analysis. By returning a sample kit, you acknowledge and agree that Gliskko may provide the sample to such third parties for DNA extraction, sequencing, or data analysis. Gliskko and its affiliates may not be able to process your sample if your sample does not contain a sufficient amount of DNA or is contaminated. If this occurs, Gliskko will notify you and ask you to provide a new sample. 4. Changes to these Terms of Service and the Services We may revise and update these Terms of Service and post the updated Terms of Service on the Site. All changes are effective immediately when we post them, and they apply to all access to and use of the Services from that point onward. If you use the Services after we post revised Terms of Service, you acknowledge and agree to the revised Terms of Service. We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the Services or any portion are unavailable at any time or for any period. 5. Registering for and Accessing the Services Eligibility to Use the Services. Unregistered guests, free registered guests, paid subscribers, and people who purchase and/or activate a DNA kit are all “Users” under these Terms. Users are subject to Gliskko’s Terms of Use, Privacy Policy, and Platform-Maika Consent requirements. Users must create an account to use the Services. You must provide accurate, complete and current information when you register. To access certain features and functions of the Services, you must create a Gliskko Account. To establish a Gliskko Account, you must provide certain information that we request. By uploading this information when you create your account on our Platform-Maika, you authorized us to use it in accordance with Gliskko’s Terms of Use, and Privacy Policy. This information includes: your name and email address your date of birth and information we need for providing you with insights (genotype file) To purchase a Gliskko Product, you must also provide the following: your credit card or other billing information. By registering for the Services, you represent and warrant that the registration information you provide is accurate, current, and complete. You also agree that all information you provide to us, no matter how you do so, is governed by our Privacy Policy,Gliskko Platform-Maika Consent and any and all laws and regulations applicable to you. You consent to us using your information in ways that are consistent with our policies. You must obtain Internet access to use the Services. You are responsible for (i) any Internet access fees and providing your own equipment for Internet access, and (ii) ensuring that all persons who access the Services through your internet connection or on your behalf are aware of these Terms of Service and comply with them. When you create a Gliskko Account, you must choose a password and treat your password as confidential. You agree not to let someone else access the Services using your username, password, or other security information. You agree to let us know immediately of any unauthorized account access or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. When accessing your account from a public or shared computer, you should use particular caution so that others are not able to view or record your password or your other information. Gliskko is not liable for any loss or damage that results from your failure to comply with these obligations. You authorize Gliskko to authenticate your identity when accessing the Services. This may include asking you for your date of birth and other information that will allow Gliskko to reasonably verify your identity. You must provide a valid credit card number or a web-based payment account when you order a Gliskko product or service. You represent and warrant that you are authorized to use such a credit card or web-based payment account, and you agree to pay all charges incurred using your account. You agree that we may pass your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the services ordered by you. All charges are exclusive of sales and other taxes, and you are responsible for payment of any applicable taxes (other than taxes on Gliskko income). We reserve the right to accept or reject orders for any reason. Price and availability of any service are subject to change without notice (unless you have purchased an ongoing subscription to a Gliskko product or service, in which case the subscription price paid by you for such service shall apply during the term of such subscription). If we believe that you have violated these Terms of Service, we have the right at any time to disable or terminate access to your account. 6. Uploading Your Genotype File To upload your genotype file for use with the Gliskko Platform-Maika, you must have a genotype file from previous sequencing through a third party. When you upload your genotype file, you agree to the following: You are uploading your genotype file or a file for someone from whom you have obtained prior written consent for each of the uses we make of that information to provide our Products, and that you are legally authorized to act as per our Privacy Policy. You are 18 years of age or older, or you are uploading a file for a person who is 18 years of age or older for whom you are legally authorized to provide a file, and who can provide valid expressed consent for the use of its Genetic Information as per our Terms of Use and Privacy Policy. You allow Gliskko to perform analyses on the genotype file you provide to generate Genetic Information. You allow Gliskko to collect, process and store the Genetic Information in accordance with these Terms of Service, our Privacy Policy and Platform-Maika Consent. You understand that health-related interpretations are for information purposes only and not intended to diagnose or treat diseases. You should consult a physician, genetic counselor, or qualified health professional before acting on any interpretation. Gliskko may provide a consultation as part of our service and/or products. 7. Purchases Using the Gliskko Platform-Maika The Gliskko Platform-Maika provides a venue for you to receive personalized information or purchase Gliskko Products based on your Genetic Information. You agree to pay for all Gliskko Products you purchase, including any taxes and fees that apply. Prices listed in the Gliskko Platform-Maika may change at any time. We do not provide price protections or refunds on previous purchases in the event of a Gliskko Product price reduction or promotion. Gliskko does not submit or process insurance paperwork or claims for the Services. We do not expect the Services to be covered by any health insurance policy nor guarantee that the fees charged for any Service will be reimbursed by any insurance provider. When you purchase a Gliskko Product, Gliskko will use the Genetic Information requested for purposes of the Gliskko Product, as per our Privacy Policy. This is typically the smallest amount of data required to offer the Gliskko Product. We may offer you related product and service purchases within our Gliskko Product, or we may offer you an opportunity to purchase a subscription for products or services. Such additional purchases are at your option. Service Fees. By registering for an account with us, you will receive rights and privileges that are personal and non-transferable. All sales and payments of fees (if any) will be in US Dollars. Gliskko is not responsible for any currency conversion or transaction fees charged by your payment method service provider. We charge fees based on our sales agreement with you, whether that agreement is separately signed, or part of an online check-out process. We reserve the right to change prices for the Services at any time, but any such change will only apply to you when your then-current enrollment term is renewed. You are responsible for paying any and all applicable sales and use taxes for the purchase of the Services. We may suspend or terminate your account and/or access to our Services if your payment is late and/or your offered payment method (e.g., credit card or PayPal account) cannot be processed. Renewals, Cancellations, And Refund Policy. Subscriptions Automatic Renewals. Subscriptions automatically renew to ensure an uninterrupted service. This means that once you become a subscribing member, your subscription will automatically renew based on the subscription you chose (e.g. annually, monthly, etc.) unless you cancel by following the instructions in this agreement. UNLESS YOU NOTIFY US AT LEAST 30 CALENDAR DAYS PRIOR TO THE END OF THE CURRENT SUBSCRIPTION PERIOD THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. AUTO-RENEWED SUBSCRIPTIONS WILL NOT BE REFUNDED. Please ensure that your billing information is correct to prevent your subscription from lapsing. If you discontinue an old Subscription plan no longer offered by stopping its renewal, or allowing it to expire, you are not guaranteed to be able to purchase it again at the same price in the future. Prices and terms for subscriptions may change at any time. The price and terms in place when you made your initial purchase or when your subscription last renewed will stay in effect for the duration of that subscription period, but new prices and terms may apply to renewals or new subscriptions. Gliskko will give you reasonable notice of any change in price or terms before they go into effect. If you do not want to renew your subscription under these new prices or terms, you may cancel your subscription as described below. In order to participate in the Program, your Membership Fee payments will be charged to your credit card on a recurring basis. You hereby agree to allow Gliskko to securely store your credit / debit card information (the “Payment Method”). You authorize the Payment Method to be used automatically for your payment responsibilities to Gliskko. If a credit card account is being used for a transaction, Gliskko may obtain pre approval for an amount up to the amount of the payment. If you want to designate a different payment method or if there is a change in your Payment Method information, you can change the information with Gliskko. This may temporarily delay your ability to make online payments while Gliskko verifies the new payment information. You represent and warrant that: (1) any credit / debit card information you supply is true, correct and complete, (2) charges you incur will be honored by your credit/debit card company, (3) you will pay the charges incurred in the amounts posted, including any applicable taxes, and (4) you are authorized to make a purchase or other transaction with the relevant credit / debit card and information. You agree and authorize the Payment Method to be billed automatically in accordance with the Membership Fee Payment Schedule in an amount equal to the Membership Fee in effect for your Membership Term. If Gliskko is unable to secure funds from your debit / credit card(s) for any reason, including, but not limited to, insufficient funds in the debit / credit card or insufficient or inaccurate information provided by you when submitting electronic payment, Gliskko may undertake further collection action, including application of penalty charges to the extent permitted by law. Subscription Cancellations and Refunds. To cancel your subscription, in your Gliskko account go to My Account > Manage Subscriptions > Cancel My Subscription. Gliskko values the satisfaction of its customers and offers a thirty (30) day money back guarantee. If you are not satisfied with your subscription, you may request a full refund by contacting Customer Support (service@gliskko.com) within thirty (30) days of the initial purchase date of the subscription. After the initial thirty (30) calendar days, subscriptions are not eligible for refund. Refunds will also be refused to subscribers who have uploaded their genotype to Gliskko and have accessed the site. If you have questions about your refund eligibility and amount, please contact Customer Support (service@gliskko.com) All refunds will be reimbursed to the original payment method with which the purchase was made. Please allow a reasonable time for the refund to be credited to your account. You may discontinue use of the Services at any time. You also have the right to close your Gliskko Account at any time through your Gliskko Account settings. In keeping with our Privacy Policy, even if you close your account, you will be able to exercise all your rights and privileges under our Privacy Policy . We cannot restore access to your Gliskko Account after it has been closed, but you will be able to exercise any of your rights by contacting our Privacy Team at service@gliskko.com, or for those individuals within the European Economic Area (“EEA”) and the United Kingdom, you can reach us at https://gdpr-rep.eu/dsrtool/11364712. Genetic Information that has already been transferred to DNA Product Partners or Research Partners may not be able to be removed or de-identified from Partners’ databases by Gliskko. You may also request that Gliskko delete your data, in accordance with the process described in our Privacy Policy. If you violate these Terms of Service, Gliskko has the right to terminate your access to all or part of the Services. Taxes and Fees: Gliskko is not responsible for your failure to timely cancel your subscription renewal, nor for any credit card charges and fees you incur as a result of your failure to timely cancel a renewal. You will be responsible for all taxes and fees charged by other companies such as shipping, mobile carrier fees, data plan charges, overdraft fees, credit card fees, and foreign transaction fees. DNA Testing Kits Canceling Laboratory Processing. You may cancel the laboratory processing of your DNA kit by contacting our Customer Support. When you contact Customer Support you will need to provide the barcode that was included in your DNA test kit. We recommend you store the code in a safe place. Your sample will get destroyed automatically one year after it was collected. You cannot cancel the laboratory processing of your DNA kit after it has been received by the lab. Gliskko does not store your genetic data alongside any personal identification. If you choose to cancel your subscription you will have the opportunity to request a deletion of all your data at cancellation. Refund Eligibility. DNA Kit purchases are not eligible for refunds. Replacement Testing Kits. Should you require a replacement DNA testing kit, you may email Customer Support (service@gliskko.com) and provide the same information that you provided when you ordered your DNA Kit. Replacement kits are $25 per kit (plus applicable shipping and handling). Gift and Offer Codes. From time to time, Gliskko may offer gift codes, offer codes or other promotional codes to qualified customers through a variety of marketing activities and communications (collectively, “offer codes”). These offer codes are redeemable towards a purchase on www.Gliskko.com, subject to certain product exclusions or any other restrictions as may be determined and communicated by Gliskko at its sole discretion. Only valid offer codes provided or promoted by Gliskko will be honored at checkout. Codes that are supplied or promoted by third parties without Gliskko’s authorization will not be considered valid. Offer codes may not be combined and customers are limited to the use of a single offer code per order. Gliskko is not responsible for lost, stolen or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent, and no substitutions or credits are allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the purchased products or services is returned. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged, or expired, and where prohibited. Spokespersons. From time to time, Gliskko may engage spokesperson, influencers, bloggers or other individuals or entities who have been compensated or incentivized to speak on behalf of the Gliskko brand. When you receive an offer code from a third-party source, such as a television or radio show host, or a social media account, please note that such individuals or organizations may have been compensated by Gliskko for their statements or representations. Lab Test Analyzer and Lab Sales. All information contained on the Site is provided for information and pricing purposes only and is not intended to be a substitute for a physician's consultation. Lab test services are offered for wellness monitoring purposes only. The tests listed in or on this website are NOT intended to diagnose, treat, or cure disease. Gliskko gives no warranty that any lab test will prevent disease. Individuals with medical conditions or any condition needing medical supervision assume full responsibility for obtaining professional medical assistance. You should consult a licensed and experienced health-care practitioner regarding any symptoms, abnormal health screens or medical conditions. A lab test only constitutes a partial evaluation of an individual's state of health and does not represent a diagnosis or recommendation. Each test, and its result, is provided for informational purposes only and is not a substitute for the care, medical advice or treatment provided by your physician each test has benefits, risks, limitations, false positives and negatives and accuracy is not guaranteed tests and test results are best interpreted in the context of your overall clinical evaluation with a physician. Gliskko shall not be liable to you or anyone else for any loss or injury caused in whole or in part by procuring, compiling, interpreting, delivering, or reporting information through this site or lab tests. 8. User Information and Content Gliskko does not claim ownership of any content that you personally create or submit as part of the Services, including without limitation photos, any comments in forums, status updates posted to your profile page, or other information that you submit (collectively, “User Content”). However, by submitting, posting, or displaying your personal content, you give Gliskko, its affiliated companies, certain vendors, sub-licensees and successors a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works of your User Content. Subject to the limitations set forth in our Privacy Policy, any questions, comments, suggestions, reviews, or other information about our products or services submitted to us through the Site or otherwise (“Feedback”) will be deemed non-confidential and non-proprietary. We will be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation or compensation to you or others. You understand that we do not control, and are not responsible for, Feedback made available through the Site and that by using the Site, you may be exposed to Feedback that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. We expressly disclaim any liability for such Feedback. In that regard, you agree that you must evaluate, and bear all risks associated with, the use of any Feedback, that you may not rely on said Feedback, and that under no circumstances will we be liable in any way for any Feedback or for any loss or damage of any kind incurred as a result of your use of any Feedback posted, emailed or otherwise made available on the Site. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse, delete, or move any Feedback on the Site for any reason. Disclosure of individual-level Genetic Information and/or Self-Reported Information to third parties will not occur without your express consent and pursuant to the terms of our Privacy Policy. Please note that Gliskko cannot control any further distribution of Genetic Information and/or Self-Reported Information that you share publicly on the website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that Gliskko has no obligation to do so on your behalf once you have made such information public. You acknowledge and agree that Gliskko has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Policy set forth the expectations of privacy any individual should have in terms of usage of the Gliskko Services, website, or other systems. If you have given consent for your Genetic Information and Self-Reported Information to be used in Gliskko Research as described in the Informed Consent form and our Privacy Policy, you are also providing consent for us to share your anonymized information in the Aggregated Genetic Information and Self-Reported Information with other third parties providers which may result in publication of such information in a peer-reviewed scientific journal. We may also include your information in Aggregated Genetic Information and Self-Reported Information disclosed to third-party non-profit and/or commercial research partners who may or may not publish that information in a peer-reviewed scientific journal. Gliskko Research may be sponsored by, conducted on behalf of, or in collaboration with third parties, such as non-profit foundations, academic institutions or healthcare providers. Gliskko Research may study a specific group or population, identify potential areas or targets for therapeutics development, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on genetic research initiatives, or otherwise create, commercialize, and apply this new knowledge to improve health care. We strictly adhere to data privacy law and will never release your individual-level Genetic Information and/or Self-Reported Information to any third party without asking for and receiving your consent to do so, unless required by law. 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 Gliskko or its collaborators. 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. 9. Links to Third Party Sites We think links are convenient, and we sometimes provide links and references on this Site to third-party websites or other types of providers. If you use these links, you will leave our Site and Services. We provide links as a matter of convenience and at the request of our Users. We do not have any control over third-party services, websites, and we are not responsible for any of the third-party websites (or the products, services of any kind, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party services and or websites linked to or referred from the Site, you do so entirely at your own risk. 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 we 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. 10. Customer Conduct and Unauthorized Activities As a condition of your use of the Services you warrant that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore, you agree not to use 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, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. You are guaranteeing 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 authorization, you are confirming that the sample provided will be the sample of that person. If you are a customer outside the U.S. providing a saliva sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside. Add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services. "Stalk" or otherwise harass another user. 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). Download any file posted by another user of the Services that you know, or reasonably should know, cannot legally be distributed in such manner. Upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of Gliskko or any other party. Advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages. Upload, post, email, or otherwise transmit any unsolicited or unauthorized 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 authorized by law. 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. 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 site. Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Services. Attempt to or actually override any security component of the Services. Interfere with or disrupt the servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services. Reverse engineer, decompile, disassemble, translate, mirror, or create derivative works of our Site or disrupt its normal functionality or intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law. Violate these Terms of Service, any code of conduct or other guidelines which may be applicable. Intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law. You acknowledge and agree that you are solely responsible for (and that Gliskko has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Gliskko may suffer) of any such breach. In case of breach of any one of these agreements Gliskko has the right to suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof) and you will defend and indemnify Gliskko and its affiliates against any liability, costs, or damages arising out of the breach of the representation. If you violate the terms of this Section and/or Gliskko has a reasonable ground to suspect that you have violated the terms of this Section, Gliskko has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof). 11. Content of Gliskko Products The Gliskko Platform-Maika describes each Gliskko Product with information such as the science behind the product and the potential limitations of the product. This information is found on the details page for each product. You may choose which interpretations you would like to receive based on these descriptions and your own judgment. Gliskko may provide interpretations of your Genetic Information and is responsible for the content of Gliskko Product(s), including the scientific basis of each product and the information each product provides. As part of our product review process, Gliskko evaluates the scientific quality behind all Gliskko Products on the Gliskko Platform-Maika. We ask that you report any Gliskko Product that you believe does not conform to quality standards or violate our Gliskko Platform-Maika policies. You can report these issues to Customer Support (service@gliskko.com). Please do not include any protected health information or other sensitive information when you contact Customer Support. Note that inquiries sent through the Customer Success portal, or emails are not encrypted or secure. You may choose to send your questions or concerns about Gliskko’s use or disclosure of protected health information to the following address instead: Gliskko 13727 SW 152nd Street #896 Miami, FL 33177 You can retain copies of these communications for your records. You agree that all digital agreements, notices, disclosures, and other communications that we provide to you meet any legal requirement that such communications be in writing. 12. Communications You are communicating with us electronically when you use any Service or send us emails and other communications from your desktop or mobile device. You agree to receive electronically all communications from us in connection with your Gliskko Account or your use of our Services, which may include emails, texts, mobile push notices, or messages on the Site or through other Services. You can retain copies of these communications for your records. You agree that all digital agreements, notices, disclosures, and other communications that we provide to you meet any legal requirement that such communications be in writing. 13. Intellectual Property Rights The contents of the Site and Services, including but not limited to all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Site and Services (collectively, “Material”) unless otherwise indicated, are owned, controlled, and/or licensed by Gliskko or its licensors. Any rights granted herein are expressly licensed. Gliskko does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Site or the Services (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Site or Services (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Gliskko grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes, subject to these Terms of Service and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. Except for your rights to Gliskko Products you purchase, no other right, title or interest in or to the Services or any content on the Services is transferred to you. Gliskko reserves all rights not expressly granted. If you provide Gliskko with any suggestions, recommendations, or other feedback regarding the Services (“Feedback”), you agree that Gliskko may freely use and exploit such Feedback in any way and for any purpose. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws. DMCA Notification. We respect the rights of intellectual property holders. If you believe that any content on the Site violates these Terms of Use or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please provide the following information: A description of the copyrighted work or other intellectual property that you claim has been infringed A description of where the material that you claim is infringing is located on the Site (including the exact URL) An address, a telephone number, and an e-mail address where we can contact you A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf and, Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed. 14. Notice of Limitations Our genes influence many traits in our lives. At Gliskko, we believe in giving you access to your Genetic Information. This access can help you further your own self-discovery about your traits. But before you subscribe to our Services, you should be aware of what genetics can and cannot tell you. Gliskko is not engaged in the practice of medicine, and information learned through Gliskko’s services is not intended for diagnostic or medical use: Gliskko’s genetic testing services are not intended to be interpreted by users for the purposes of making any decisions regarding parentage or diagnostic or treatment. The information you learn through our services does not constitute medical advice, and you should not change your health behaviors solely on the basis of the provided genetic information. BY USING Gliskko’S GENETIC TESTING SERVICES, YOU AGREE THAT YOU WILL NOT USE ANY INFORMATION PROVIDED BY Gliskko’S SERVICE FOR DIAGNOSTIC OR HEALTH RELATED DECISION MAKING BEFORE SEEKING PROFESSIONAL ADVICE FROM A PHYSICIAN, GENETIC COUNSELOR, OR SIMILARLY QUALIFIED HEALTHCARE PROFESSIONAL REGARDING ANY HEALTHCARE DECISIONS BASED ON GENETIC TESTING RESULTS PROVIDED BY Gliskko. Rather, Gliskko’s services are for research, information, and educational use only. In short, much of the health-related information learned from the provided genetic testing results have not been clinically validated and the technology Gliskko uses, although used in research, is not broadly used in healthcare settings. Clinical validity refers to how well a specific genetic variant is related to the presence, absence, or risk of a specific disease or condition. In considering a purchase of the Services or any Gliskko Product, you should be aware of certain risks and limitations of genetic interpretation. These include the following: Genetics is an evolving field of study Gliskko Products are based on the current knowledge of genetics. This knowledge changes every day as we learn more through research. A Gliskko Product based on the current state of knowledge may have a different interpretation in the future. Even though we know many traits have a basis in genetics, we may not know or understand all the genetic contributions for a trait. Research in science and medicine is continuously discovering new links between genes and traits. Such research is also showing that some previously identified links may not be valid. Every genome is different. Every person has variations that are either unique to them or are not well described in medical and scientific literature. Your DNA will have variations that are not fully understood. As such, some Gliskko Products may reveal variations in your DNA that they cannot currently interpret. Gliskko Products provide interpretations based on scientific studies. Such studies are often based on a specific population, such as a specific ethnicity. Thus, you may receive interpretations that are based on a population that differs from your ethnicity or genetic background. Genetics cannot tell you everything about yourself There are few cases where a single gene (or variation in a single gene) is completely predictive of any one trait. Most traits are influenced by multiple genetic and non-genetic factors. Your lifestyle, your environment and chance can also play a role in whether you will have or develop a trait. The interpretation of Genetic Information is often as a probability, likelihood, or risk. Even if you have one or more genetic variations linked to a certain trait, it may not mean that you have or will develop that trait. In addition to non-genetic factors, multiple genes or genetic variations often influence a single trait. That means the effect of any one, single genetic variation may be low. Even if you do not have one or more genetic variations linked to a certain trait, you may still have or develop that trait. In some cases, it is more accurate to measure your physical trait (e.g., height) than to use Genetic Information to predict the trait (e.g., genes for height). You may discover information that causes you distress You cannot unlearn the knowledge you gain from a Gliskko Product. Some people prefer not to know their Genetic Information for some traits. You may discover Genetic Information that you do not expect. In some cases, this information may be interesting. In other cases, it may lead to unintended reactions such as anxiety, depression or distress. Examples of these include: discovering an unexpected genetic risk for a health condition Gliskko allows you to select which insights you would like to receive by purchasing Gliskko Products and navigating the Platform-Maika. You are responsible for considering the potential impact this information may have on you or your relatives before purchasing a Gliskko Product. Revealing your Genetic Information may affect your privacy You may also wish to publicly share results on your own. You should be careful about sharing your Genetic Information with others and know the consequences before doing so. Genetic Information that you choose to share with your health professional may become part of your medical record. That means it could be accessible to other health professionals and possibly health insurance providers in the future. Please see our Privacy Policy for further information about how we handle your Genetic Information and your options for disclosure of such information. Our Privacy Policy describes how Gliskko protects your privacy, and our Platform-Maika Consent describes the risks and benefits of genetic interpretation. Your Genetic Interpretation may have implications for your relatives Your biological relatives will share some portions of your DNA. Because of this fact, some information you receive from Gliskko Products you use may have implications for them as well. Genetic Information can reveal information that is surprising to you or your family. For some Gliskko Products, information may show that other relatives are at risk for a health condition they did not know about before. It is important to consider how information you learn may have a positive or negative impact on members of your family. Some of your family members may not want to know about such Genetic Information. If you have questions about how to share sensitive Genetic Information with relatives, you should speak with a qualified healthcare provider, such as a genetic counselor. You may receive information about your health Gliskko Products analyze your Genetic information for Health purposes and may suggest actions or interventions that you can take related to your health. However, Gliskko Products do not have a complete view of your health history. Before you act on any health information provided through Gliskko Products, please first consult with a healthcare professional. Not all Genetic Information can or should be acted upon. If you have questions or concerns, you should speak with a health professional such as a physician or genetic counselor prior to purchasing a Gliskko Product. The results of Gliskko Products should not be used to diagnose or treat a medical condition. You should consult a qualified healthcare provider before you take medical action. Not all scientific and health interpretation claims have been validated by the scientific and/or medical community or the Food and Drug Administration (“FDA”). However, not all Gliskko Products on the Gliskko Platform-Maika require approval by the FDA. Gliskko does not provide allergy testing and none of our content should be interpreted as allergy testing. PLEASE CALL YOUR DOCTOR OR 911 IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY. 15. Disclaimer of Warranties Gliskko makes its best efforts to provide accurate Genetic Interpretation and to offer Gliskko Products of high quality. However, we do not warrant the accuracy, completeness, or usefulness of the Services. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Gliskko EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) Gliskko MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Gliskko OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. Gliskko DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, Gliskko SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES. You understand that we cannot and do not guarantee or warrant that content available for downloading from the Site or any links provided on the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient anti-virus protections to meet your needs. You are also responsible for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 16. Limitation of Liability IN NO EVENT WILL Gliskko, THE Gliskko PARTNERS, Gliskko AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO SITE, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Gliskko SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Gliskko HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) 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 (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES. You also release, waive, discharge, and promise not to sue or bring any claim of any type against us for any loss, damage or injury relating in any way to the Services or any part thereof. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE. 17. Indemnification You agree to defend, indemnify, and hold harmless Gliskko, its affiliates and licensors and their respective officers, directors, employees, contractors, consultants agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Service or your use of the Services, including, without limitation, any use of the content, services, and products of the Services other than as expressly authorized in these Terms of Service or your use of any information obtained from the Site. 18. General Practices Regarding Use and Storage You acknowledge that, in accordance with the applicable laws and regulations, Gliskko may establish 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 Gliskko’s 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. You acknowledge and agree that Gliskko 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 or for the loss of Genetic Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that Gliskko reserves the right to change these general practices and limits in its sole discretion. Nothing in this section will be construed as to interpret any limitation on your rights to access, delete or request the correction of your information as per the terms of our Privacy Policy. You can ask for more information regarding your rights by reaching to our Privacy Team at service@gliskko.com, or for those European Economic Area (“EEA”) and the United Kingdom at https://gdpr-rep.eu/dsrtool/11364712 19. Account Closure The TOS will continue to apply until terminated by either you or Gliskko as set out in this Section. If you want to terminate your legal agreement with Gliskko, you may do so by notifying Gliskko 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 Gliskko's address, 13727 SW 152nd St #896, Miami FL 33177, or online via Customer Support. If you provide a notice online via service@gliskko.com, Gliskko 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. If you terminate your legal agreement with Gliskko, and except for the exercise of your rights as per our Privacy Policy, your information will no longer be accessible through the Site or Services. We cannot restore access to your Gliskko Account after it has been closed. You will be unable to purchase another Gliskko Product on the Gliskko Platform-Maika unless you create a new Gliskko Account and upload your genotype file again. No software, technology or other information from this Platform-Maika may be downloaded or otherwise exported or re-exported to any person or entity in the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or otherwise prohibited by United States export control laws. By downloading or otherwise using any software, technology or other information from this Platform-Maika in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country. 20. Dispute Resolution For customers within the European Economic Area (“EEA”) and the United Kingdom, the terms of this section 20. “Dispute Resolution” will be applicable to you in all cases except those arising out of the application, interpretation and enforcement of our Privacy Policy. For all other disputes not connected with our Privacy Policy, these Terms of Use, and in particular, this section 20. “Dispute Resolution” will be applicable to all users of any Gliskko Services. For Customers outside the European Economic Area (“EEA”) and the United Kingdom, the terms of this section 20 “Dispute Resolution” will be applicable to all disputes, including those arising out of the application, interpretation and enforcement of our Privacy Policy. If a dispute arises between you and Gliskko, you agree to first contact Gliskko’s Customer Support to seek a resolution. If our Customer Support (service@gliskko.com) is not able to resolve the issue, then except for disputes relating to the infringement or other misuse of intellectual property rights: Such disputes will be resolved through binding arbitration rather than in court. This arbitration will be administered by the American Arbitration Association (“AAA”). Such arbitration will follow the rules of the AAA (“AAA Rules”), as modified by these Terms of Service. The arbitration will be conducted in the English language. Any arbitration hearing will be held in Orange County, California. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as set forth in the Federal Rules of Civil Procedure Rule 11), then the AAA Rules will apply regarding payment of arbitration costs. The AAA Rules and fees are available online at www.adr.org or can be obtained by calling the AAA at 1-800-778-7879. You and Gliskko both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. You and Gliskko agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. Further, unless both you and Gliskko agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this Section 20 is found to be unenforceable, then this Section 20 will be null and void. In such a case, you and Gliskko agree that the exclusive jurisdiction and venue described in Section 23 will govern any action arising out of or related to these Terms of Service. 21. Waiver and Severability No waiver of these Terms of Service by Gliskko shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of Gliskko to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect. 22. Entire Agreement These Terms of Service, our Privacy Policy, and Platform-Maika Consent constitute the sole and entire agreement between you and Gliskko with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. 23. Miscellaneous These Terms of Service and any dispute or claim arising out of, or related to, them or the Site, their subject matter or their formation (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with California law, without regard to its conflicts of laws principles and excluding the applicability of United Nations Convention for the International Sale of Goods. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Gliskko agree to exclusively litigate such disputes in the state courts located in Orange County and the federal courts located in San Francisco County, California, and both parties consent to venue and personal jurisdiction in California. You may not assign any of your rights in these Terms of Service, and any such attempt is void. Gliskko may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Any claim you might have against Gliskko must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these Terms and is hereby disclaimed. A printed version of these Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent as other documents and records originally generated and maintained in printed form. Please contact Gliskko if you wish to receive a printed copy of these Terms. Gliskko and you are not legal partners or agents of one another. The relationship between you and Gliskko is and shall be that of independent contractors and nothing in these Terms shall be construed or used to create or imply any relationship of partners, joint ventures, or employer and employee. You may not assign or otherwise transfer these Terms or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without Gliskko’s prior written consent. Any attempt of assignment, delegation, or transfer in violation of these Terms shall be void, of no effect, and a material breach of these Terms. Notwithstanding the foregoing, Gliskko may assign these Terms in whole or in part. Moreover, Gliskko may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under these Terms. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted in accordance with law, and no other terms will be modified. In the event any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of these Terms, the invalidity, voidness, or unenforceability shall affect neither the validity of these Terms nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. If we choose not to enforce any of these Terms, we are not waiving our rights. If the performance of any part of these Terms by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, pandemic, public health crisis, judicial or governmental action, emergency, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes. 24. Your Comments and Concerns If you have any feedback, comments, requests for support, or other communications about the Services, you should contact Gliskko’s Customer Support. You may contact Customer Support at service@gliskko.com. when thinking about how to respond to those variants of interest. For us to provide you with the Services described above we need to analyze files that contain data about your genetic variations. The information hidden in your genetic makeup is both extremely useful and personal. “Gliskko” means Decodify Me LLC, and/or its affiliates (“Gliskko”, “we”, “us”, “Lab Test Analyzer”). We provide website content, functionality, and other products and services to you when you visit or make purchases at http://www.Gliskko.com (the “Site”) or remotely through any Gliskko applications (collectively, the “Services”). "Service" or "Services" includes Gliskko’s products, software, services, consultations, the mobile app 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 of if the use is in connection with an account or not. Gliskko provides the Services subject to the following terms and conditions. By accessing or using the Site or Services, you agree to be bound and abide by these Terms of Service. Please read them with care. 1. Requirements for Use of the Services By using the Services, you represent and warrant to us that you are (i) of legal age to form a binding contract with Gliskko and agree to these Terms of Service, and (ii) are not barred under any applicable laws from doing so or from receiving Services in the jurisdiction where you reside or where you use them. You must be 18 years or older to create a Gliskko account or purchase a Gliskko Product (see below). If you do not meet these requirements, you must not access or use the Services. 2. Additional Terms Your use of the Services is also subject to any applicable terms, policies, or rules that we may post or provide a link to on the Site. As of now, these terms include Gliskko’s Privacy Policy, and Platform-Maika Consent. All such applicable terms, policies and rules are considered part of these Terms of Service and incorporated by reference. 3. Description of Services The Services include the following features and functions related to genetic interpretation: Uploading a Genotype File. Gliskko stores the data that you chose to upload that make up the DNA code of your genes (“Genotype File”). Gliskko will only store this data when you accept these Terms of Service. By uploading information on our systems, you agree to be bound by Gliskko’s Privacy Policy, and Platform-Maika Consent. Gliskko will only store information in compliance with any and all data privacy regulations applicable to you. Please be advised that you may be entitled to certain privacy rights depending on your location at the time you access our services, your nationality, and your place of residence. Please refer to our Privacy Policy to learn more about your privacy rights. To request our assistance regarding your rights under these Terms of Services, you can obtain more information about the protections given to your data by reaching out to our Privacy Team at service@gliskko.com. For those individuals within the European Economic Area (“EEA”) and the United Kingdom, you can reach us at https://gdpr-rep.eu/dsrtool/11364712 Gliskko obtains this data from a genotype file that you upload. The genotype file data and any interpretation of that data, are your “Genetic Information.” Gliskko Platform-Maika. Gliskko hosts a Platform-Maika (the “Gliskko Platform-Maika'') where you may receive insights about yourself or another person from Gliskko based on the Genetic Information you provide (“Gliskko Insights”) to us. By uploading your Genetic Information to our Platform-Maika you are authorizing us to use, interpret your and deliver your Genetic Information as per our Privacy Policy to provide you a customized experience of our services and products (“Gliskko Products”). Gliskko Products are made by Gliskko and use a portion of your Genetic Information to offer a specific Gliskko Product or Service to you. The Gliskko Platform-Maika provides you with tailored results based on the genotype file you choose to use. Gliskko Account. Gliskko provides you access to a software Platform-Maika via a https://Gliskko.com account (the “Gliskko Account”). Your Gliskko Account allows you to manage your Genetic Information, your Gliskko Insights, the Gliskko Products you purchased, and other account settings. If you subscribe as an 'Individual' user then you will be limited to a single genotype file upload, whereas if you register as a 'Professional' user then you will have unlimited uploads available. Professional users need to abide to our Privacy Policy and the “Professional Users Privacy Term Sheet” Gliskko Services include, but are not limited to, utilities (tools within the website that perform specific functions relating to processing your genetic and lab test data and presenting results) for interpreting your Genetic Information. These are not guaranteed to be accurate and may be discontinued at any time. Services also include a community Platform-Maika for forum-based discussion where you can share information related to the findings we made based on your Genetic Information. This community Platform-Maika may be canceled at any time. Services are offered to you via a subscription membership with either a yearly, monthly, or one-time fee determined by the subscription package you choose. Subscriptions cannot be placed on hold. We provide a free trial and demo version for those who wish to try the site before purchasing or uploading their Genotype File. Please see the Renewals, Cancellations, and Refund Policy below for more information. Gliskko reserves the right to terminate your membership for any reason. Nothing in the Services provided under the subscription membership model grants you a perpetual license. However, you will continue to have access to any and all privacy rights you are entitled to as per our Privacy Policy after the termination of your membership for any reason. Your membership is only a subscription where you must pay an ongoing subscription fee to have up-to-date access to the Service or new membership offerings. Once your sample is received by Gliskko, DNA extraction, sequencing, and data analysis are performed to provide non-diagnostic reporting and recommendations. At its discretion, Gliskko may use third-party laboratories to perform DNA extraction, sequencing, and data analysis. Your sample collection kit may be Gliskko-branded even when such a third party will be doing DNA extraction, sequencing, or data analysis. By returning a sample kit, you acknowledge and agree that Gliskko may provide the sample to such third parties for DNA extraction, sequencing, or data analysis. Gliskko and its affiliates may not be able to process your sample if your sample does not contain a sufficient amount of DNA or is contaminated. If this occurs, Gliskko will notify you and ask you to provide a new sample. 4. Changes to these Terms of Service and the Services We may revise and update these Terms of Service and post the updated Terms of Service on the Site. All changes are effective immediately when we post them, and they apply to all access to and use of the Services from that point onward. If you use the Services after we post revised Terms of Service, you acknowledge and agree to the revised Terms of Service. We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the Services or any portion are unavailable at any time or for any period. 5. Registering for and Accessing the Services Eligibility to Use the Services. Unregistered guests, free registered guests, paid subscribers, and people who purchase and/or activate a DNA kit are all “Users” under these Terms. Users are subject to Gliskko’s Terms of Use, Privacy Policy, and Platform-Maika Consent requirements. Users must create an account to use the Services. You must provide accurate, complete and current information when you register. To access certain features and functions of the Services, you must create a Gliskko Account. To establish a Gliskko Account, you must provide certain information that we request. By uploading this information when you create your account on our Platform-Maika, you authorized us to use it in accordance with Gliskko’s Terms of Use, and Privacy Policy. This information includes: your name and email address your date of birth and information we need for providing you with insights (genotype file) To purchase a Gliskko Product, you must also provide the following: your credit card or other billing information. By registering for the Services, you represent and warrant that the registration information you provide is accurate, current, and complete. You also agree that all information you provide to us, no matter how you do so, is governed by our Privacy Policy,Gliskko Platform-Maika Consent and any and all laws and regulations applicable to you. You consent to us using your information in ways that are consistent with our policies. You must obtain Internet access to use the Services. You are responsible for (i) any Internet access fees and providing your own equipment for Internet access, and (ii) ensuring that all persons who access the Services through your internet connection or on your behalf are aware of these Terms of Service and comply with them. When you create a Gliskko Account, you must choose a password and treat your password as confidential. You agree not to let someone else access the Services using your username, password, or other security information. You agree to let us know immediately of any unauthorized account access or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. When accessing your account from a public or shared computer, you should use particular caution so that others are not able to view or record your password or your other information. Gliskko is not liable for any loss or damage that results from your failure to comply with these obligations. You authorize Gliskko to authenticate your identity when accessing the Services. This may include asking you for your date of birth and other information that will allow Gliskko to reasonably verify your identity. You must provide a valid credit card number or a web-based payment account when you order a Gliskko product or service. You represent and warrant that you are authorized to use such a credit card or web-based payment account, and you agree to pay all charges incurred using your account. You agree that we may pass your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the services ordered by you. All charges are exclusive of sales and other taxes, and you are responsible for payment of any applicable taxes (other than taxes on Gliskko income). We reserve the right to accept or reject orders for any reason. Price and availability of any service are subject to change without notice (unless you have purchased an ongoing subscription to a Gliskko product or service, in which case the subscription price paid by you for such service shall apply during the term of such subscription). If we believe that you have violated these Terms of Service, we have the right at any time to disable or terminate access to your account. 6. Uploading Your Genotype File To upload your genotype file for use with the Gliskko Platform-Maika, you must have a genotype file from previous sequencing through a third party. When you upload your genotype file, you agree to the following: You are uploading your genotype file or a file for someone from whom you have obtained prior written consent for each of the uses we make of that information to provide our Products, and that you are legally authorized to act as per our Privacy Policy. You are 18 years of age or older, or you are uploading a file for a person who is 18 years of age or older for whom you are legally authorized to provide a file, and who can provide valid expressed consent for the use of its Genetic Information as per our Terms of Use and Privacy Policy. You allow Gliskko to perform analyses on the genotype file you provide to generate Genetic Information. You allow Gliskko to collect, process and store the Genetic Information in accordance with these Terms of Service, our Privacy Policy and Platform-Maika Consent. You understand that health-related interpretations are for information purposes only and not intended to diagnose or treat diseases. You should consult a physician, genetic counselor, or qualified health professional before acting on any interpretation. Gliskko may provide a consultation as part of our service and/or products. 7. Purchases Using the Gliskko Platform-Maika The Gliskko Platform-Maika provides a venue for you to receive personalized information or purchase Gliskko Products based on your Genetic Information. You agree to pay for all Gliskko Products you purchase, including any taxes and fees that apply. Prices listed in the Gliskko Platform-Maika may change at any time. We do not provide price protections or refunds on previous purchases in the event of a Gliskko Product price reduction or promotion. Gliskko does not submit or process insurance paperwork or claims for the Services. We do not expect the Services to be covered by any health insurance policy nor guarantee that the fees charged for any Service will be reimbursed by any insurance provider. When you purchase a Gliskko Product, Gliskko will use the Genetic Information requested for purposes of the Gliskko Product, as per our Privacy Policy. This is typically the smallest amount of data required to offer the Gliskko Product. We may offer you related product and service purchases within our Gliskko Product, or we may offer you an opportunity to purchase a subscription for products or services. Such additional purchases are at your option. Service Fees. By registering for an account with us, you will receive rights and privileges that are personal and non-transferable. All sales and payments of fees (if any) will be in US Dollars. Gliskko is not responsible for any currency conversion or transaction fees charged by your payment method service provider. We charge fees based on our sales agreement with you, whether that agreement is separately signed, or part of an online check-out process. We reserve the right to change prices for the Services at any time, but any such change will only apply to you when your then-current enrollment term is renewed. You are responsible for paying any and all applicable sales and use taxes for the purchase of the Services. We may suspend or terminate your account and/or access to our Services if your payment is late and/or your offered payment method (e.g., credit card or PayPal account) cannot be processed. Renewals, Cancellations, And Refund Policy. Subscriptions Automatic Renewals. Subscriptions automatically renew to ensure an uninterrupted service. This means that once you become a subscribing member, your subscription will automatically renew based on the subscription you chose (e.g. annually, monthly, etc.) unless you cancel by following the instructions in this agreement. UNLESS YOU NOTIFY US AT LEAST ONE DAY PRIOR TO THE END OF THE CURRENT SUBSCRIPTION PERIOD THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. Please ensure that your billing information is correct to prevent your subscription from lapsing. If you discontinue an old Subscription plan no longer offered by stopping its renewal, or allowing it to expire, you are not guaranteed to be able to purchase it again at the same price in the future. Prices and terms for subscriptions may change at any time. The price and terms in place when you made your initial purchase or when your subscription last renewed will stay in effect for the duration of that subscription period, but new prices and terms may apply to renewals or new subscriptions. Gliskko will give you reasonable notice of any change in price or terms before they go into effect. If you do not want to renew your subscription under these new prices or terms, you may cancel your subscription as described below. In order to participate in the Program, your Membership Fee payments will be charged to your credit card on a recurring basis. You hereby agree to allow Gliskko to securely store your credit / debit card information (the “Payment Method”). You authorize the Payment Method to be used automatically for your payment responsibilities to Gliskko. If a credit card account is being used for a transaction, Gliskko may obtain pre approval for an amount up to the amount of the payment. If you want to designate a different payment method or if there is a change in your Payment Method information, you can change the information with Gliskko. This may temporarily delay your ability to make online payments while Gliskko verifies the new payment information. You represent and warrant that: (1) any credit / debit card information you supply is true, correct and complete, (2) charges you incur will be honored by your credit/debit card company, (3) you will pay the charges incurred in the amounts posted, including any applicable taxes, and (4) you are authorized to make a purchase or other transaction with the relevant credit / debit card and information. You agree and authorize the Payment Method to be billed automatically in accordance with the Membership Fee Payment Schedule in an amount equal to the Membership Fee in effect for your Membership Term. If Gliskko is unable to secure funds from your debit / credit card(s) for any reason, including, but not limited to, insufficient funds in the debit / credit card or insufficient or inaccurate information provided by you when submitting electronic payment, Gliskko may undertake further collection action, including application of penalty charges to the extent permitted by law. Subscription Cancellations and Refunds. To cancel your subscription, in your Gliskko account go to My Account > Manage Subscriptions > Cancel My Subscription. Gliskko values the satisfaction of its customers and offers a thirty (30) day money back guarantee. If you are not satisfied with your subscription, you may request a full refund by contacting Customer Support (service@gliskko.com) within thirty (30) days of the initial purchase date of the subscription. Subscriptions canceled by the user after thirty (30) days are eligible for a pro-rated refund based on the amount of time remaining on the subscription. Refunds will be refused to subscribers who have uploaded their genotype to Gliskko and have accessed the site. If you have questions about your refund eligibility and amount, please contact Customer Support (service@gliskko.com) All refunds will be reimbursed to the original payment method with which the purchase was made. Please allow a reasonable time for the refund to be credited to your account. You may discontinue use of the Services at any time. You also have the right to close your Gliskko Account at any time through your Gliskko Account settings. In keeping with our Privacy Policy, even if you close your account, you will be able to exercise all your rights and privileges under our Privacy Policy . We cannot restore access to your Gliskko Account after it has been closed, but you will be able to exercise any of your rights by contacting our Privacy Team at service@gliskko.com, or for those individuals within the European Economic Area (“EEA”) and the United Kingdom, you can reach us at https://gdpr-rep.eu/dsrtool/11364712. Genetic Information that has already been transferred to DNA Product Partners or Research Partners may not be able to be removed or de-identified from Partners’ databases by Gliskko. You may also request that Gliskko delete your data, in accordance with the process described in our Privacy Policy. If you violate these Terms of Service, Gliskko has the right to terminate your access to all or part of the Services. Taxes and Fees: Gliskko is not responsible for your failure to timely cancel your subscription renewal, nor for any credit card charges and fees you incur as a result of your failure to timely cancel a renewal. You will be responsible for all taxes and fees charged by other companies such as shipping, mobile carrier fees, data plan charges, overdraft fees, credit card fees, and foreign transaction fees. DNA Testing Kits Canceling Laboratory Processing. You may cancel the laboratory processing of your DNA kit by contacting our Customer Support. When you contact Customer Support you will need to provide the barcode that was included in your DNA test kit. We recommend you store the code in a safe place. Your sample will get destroyed automatically one year after it was collected. You cannot cancel the laboratory processing of your DNA kit after it has been received by the lab. Gliskko does not store your genetic data alongside any personal identification. If you choose to cancel your subscription you will have the opportunity to request a deletion of all your data at cancellation. Refund Eligibility. DNA Kit purchases are not eligible for refunds. Replacement Testing Kits. Should you require a replacement DNA testing kit, you may email Customer Support (service@gliskko.com) and provide the same information that you provided when you ordered your DNA Kit. Replacement kits are $25 per kit (plus applicable shipping and handling). Gift and Offer Codes. From time to time, Gliskko may offer gift codes, offer codes or other promotional codes to qualified customers through a variety of marketing activities and communications (collectively, “offer codes”). These offer codes are redeemable towards a purchase on www.Gliskko.com, subject to certain product exclusions or any other restrictions as may be determined and communicated by Gliskko at its sole discretion. Only valid offer codes provided or promoted by Gliskko will be honored at checkout. Codes that are supplied or promoted by third parties without Gliskko’s authorization will not be considered valid. Offer codes may not be combined and customers are limited to the use of a single offer code per order. Gliskko is not responsible for lost, stolen or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent, and no substitutions or credits are allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the purchased products or services is returned. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged, or expired, and where prohibited. Spokespersons. From time to time, Gliskko may engage spokesperson, influencers, bloggers or other individuals or entities who have been compensated or incentivized to speak on behalf of the Gliskko brand. When you receive an offer code from a third-party source, such as a television or radio show host, or a social media account, please note that such individuals or organizations may have been compensated by Gliskko for their statements or representations. Lab Test Analyzer and Lab Sales. All information contained on the Site is provided for information and pricing purposes only and is not intended to be a substitute for a physician's consultation. Lab test services are offered for wellness monitoring purposes only. The tests listed in or on this website are NOT intended to diagnose, treat, or cure disease. Gliskko gives no warranty that any lab test will prevent disease. Individuals with medical conditions or any condition needing medical supervision assume full responsibility for obtaining professional medical assistance. You should consult a licensed and experienced health-care practitioner regarding any symptoms, abnormal health screens or medical conditions. A lab test only constitutes a partial evaluation of an individual's state of health and does not represent a diagnosis or recommendation. Each test, and its result, is provided for informational purposes only and is not a substitute for the care, medical advice or treatment provided by your physician each test has benefits, risks, limitations, false positives and negatives and accuracy is not guaranteed tests and test results are best interpreted in the context of your overall clinical evaluation with a physician. Gliskko shall not be liable to you or anyone else for any loss or injury caused in whole or in part by procuring, compiling, interpreting, delivering, or reporting information through this site or lab tests. 8. User Information and Content Gliskko does not claim ownership of any content that you personally create or submit as part of the Services, including without limitation photos, any comments in forums, status updates posted to your profile page, or other information that you submit (collectively, “User Content”). However, by submitting, posting, or displaying your personal content, you give Gliskko, its affiliated companies, certain vendors, sub-licensees and successors a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works of your User Content. Subject to the limitations set forth in our Privacy Policy, any questions, comments, suggestions, reviews, or other information about our products or services submitted to us through the Site or otherwise (“Feedback”) will be deemed non-confidential and non-proprietary. We will be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation or compensation to you or others. You understand that we do not control, and are not responsible for, Feedback made available through the Site and that by using the Site, you may be exposed to Feedback that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. We expressly disclaim any liability for such Feedback. In that regard, you agree that you must evaluate, and bear all risks associated with, the use of any Feedback, that you may not rely on said Feedback, and that under no circumstances will we be liable in any way for any Feedback or for any loss or damage of any kind incurred as a result of your use of any Feedback posted, emailed or otherwise made available on the Site. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse, delete, or move any Feedback on the Site for any reason. Disclosure of individual-level Genetic Information and/or Self-Reported Information to third parties will not occur without your express consent and pursuant to the terms of our Privacy Policy. Please note that Gliskko cannot control any further distribution of Genetic Information and/or Self-Reported Information that you share publicly on the website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that Gliskko has no obligation to do so on your behalf once you have made such information public. You acknowledge and agree that Gliskko has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Policy set forth the expectations of privacy any individual should have in terms of usage of the Gliskko Services, website, or other systems. If you have given consent for your Genetic Information and Self-Reported Information to be used in Gliskko Research as described in the Informed Consent form and our Privacy Policy, you are also providing consent for us to share your anonymized information in the Aggregated Genetic Information and Self-Reported Information with other third parties providers which may result in publication of such information in a peer-reviewed scientific journal. We may also include your information in Aggregated Genetic Information and Self-Reported Information disclosed to third-party non-profit and/or commercial research partners who may or may not publish that information in a peer-reviewed scientific journal. Gliskko Research may be sponsored by, conducted on behalf of, or in collaboration with third parties, such as non-profit foundations, academic institutions or healthcare providers. Gliskko Research may study a specific group or population, identify potential areas or targets for therapeutics development, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on genetic research initiatives, or otherwise create, commercialize, and apply this new knowledge to improve health care. We strictly adhere to data privacy law and will never release your individual-level Genetic Information and/or Self-Reported Information to any third party without asking for and receiving your consent to do so, unless required by law. 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 Gliskko or its collaborators. 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. 9. Links to Third Party Sites We think links are convenient, and we sometimes provide links and references on this Site to third-party websites or other types of providers. If you use these links, you will leave our Site and Services. We provide links as a matter of convenience and at the request of our Users. We do not have any control over third-party services, websites, and we are not responsible for any of the third-party websites (or the products, services of any kind, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party services and or websites linked to or referred from the Site, you do so entirely at your own risk. 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 we 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. 10. Customer Conduct and Unauthorized Activities As a condition of your use of the Services you warrant that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore, you agree not to use 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, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. You are guaranteeing 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 authorization, you are confirming that the sample provided will be the sample of that person. If you are a customer outside the U.S. providing a saliva sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside. Add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services. "Stalk" or otherwise harass another user. 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). Download any file posted by another user of the Services that you know, or reasonably should know, cannot legally be distributed in such manner. Upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of Gliskko or any other party. Advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages. Upload, post, email, or otherwise transmit any unsolicited or unauthorized 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 authorized by law. 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. 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 site. Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Services. Attempt to or actually override any security component of the Services. Interfere with or disrupt the servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services. Reverse engineer, decompile, disassemble, translate, mirror, or create derivative works of our Site or disrupt its normal functionality or intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law. Violate these Terms of Service, any code of conduct or other guidelines which may be applicable. Intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law. You acknowledge and agree that you are solely responsible for (and that Gliskko has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Gliskko may suffer) of any such breach. In case of breach of any one of these agreements Gliskko has the right to suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof) and you will defend and indemnify Gliskko and its affiliates against any liability, costs, or damages arising out of the breach of the representation. If you violate the terms of this Section and/or Gliskko has a reasonable ground to suspect that you have violated the terms of this Section, Gliskko has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof). 11. Content of Gliskko Products The Gliskko Platform-Maika describes each Gliskko Product with information such as the science behind the product and the potential limitations of the product. This information is found on the details page for each product. You may choose which interpretations you would like to receive based on these descriptions and your own judgment. Gliskko may provide interpretations of your Genetic Information and is responsible for the content of Gliskko Product(s), including the scientific basis of each product and the information each product provides. As part of our product review process, Gliskko evaluates the scientific quality behind all Gliskko Products on the Gliskko Platform-Maika. We ask that you report any Gliskko Product that you believe does not conform to quality standards or violate our Gliskko Platform-Maika policies. You can report these issues to Customer Support (service@gliskko.com). Please do not include any protected health information or other sensitive information when you contact Customer Support. Note that inquiries sent through the Customer Success portal, or emails are not encrypted or secure. You may choose to send your questions or concerns about Gliskko’s use or disclosure of protected health information to the following address instead: Gliskko 13727 SW 152nd Street #896 Miami, FL 33177 You can retain copies of these communications for your records. You agree that all digital agreements, notices, disclosures, and other communications that we provide to you meet any legal requirement that such communications be in writing. 12. Communications You are communicating with us electronically when you use any Service or send us emails and other communications from your desktop or mobile device. You agree to receive electronically all communications from us in connection with your Gliskko Account or your use of our Services, which may include emails, texts, mobile push notices, or messages on the Site or through other Services. You can retain copies of these communications for your records. You agree that all digital agreements, notices, disclosures, and other communications that we provide to you meet any legal requirement that such communications be in writing. 13. Intellectual Property Rights The contents of the Site and Services, including but not limited to all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Site and Services (collectively, “Material”) unless otherwise indicated, are owned, controlled, and/or licensed by Gliskko or its licensors. Any rights granted herein are expressly licensed. Gliskko does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Site or the Services (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Site or Services (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Gliskko grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes, subject to these Terms of Service and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. Except for your rights to Gliskko Products you purchase, no other right, title or interest in or to the Services or any content on the Services is transferred to you. Gliskko reserves all rights not expressly granted. If you provide Gliskko with any suggestions, recommendations, or other feedback regarding the Services (“Feedback”), you agree that Gliskko may freely use and exploit such Feedback in any way and for any purpose. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws. DMCA Notification. We respect the rights of intellectual property holders. If you believe that any content on the Site violates these Terms of Use or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please provide the following information: A description of the copyrighted work or other intellectual property that you claim has been infringed A description of where the material that you claim is infringing is located on the Site (including the exact URL) An address, a telephone number, and an e-mail address where we can contact you A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf and, Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed. 14. Notice of Limitations Our genes influence many traits in our lives. At Gliskko, we believe in giving you access to your Genetic Information. This access can help you further your own self-discovery about your traits. But before you subscribe to our Services, you should be aware of what genetics can and cannot tell you. Gliskko is not engaged in the practice of medicine, and information learned through Gliskko’s services is not intended for diagnostic or medical use: Gliskko’s genetic testing services are not intended to be interpreted by users for the purposes of making any decisions regarding parentage or diagnostic or treatment. The information you learn through our services does not constitute medical advice, and you should not change your health behaviors solely on the basis of the provided genetic information. BY USING Gliskko’S GENETIC TESTING SERVICES, YOU AGREE THAT YOU WILL NOT USE ANY INFORMATION PROVIDED BY Gliskko’S SERVICE FOR DIAGNOSTIC OR HEALTH RELATED DECISION MAKING BEFORE SEEKING PROFESSIONAL ADVICE FROM A PHYSICIAN, GENETIC COUNSELOR, OR SIMILARLY QUALIFIED HEALTHCARE PROFESSIONAL REGARDING ANY HEALTHCARE DECISIONS BASED ON GENETIC TESTING RESULTS PROVIDED BY Gliskko. Rather, Gliskko’s services are for research, information, and educational use only. In short, much of the health-related information learned from the provided genetic testing results have not been clinically validated and the technology Gliskko uses, although used in research, is not broadly used in healthcare settings. Clinical validity refers to how well a specific genetic variant is related to the presence, absence, or risk of a specific disease or condition. In considering a purchase of the Services or any Gliskko Product, you should be aware of certain risks and limitations of genetic interpretation. These include the following: Genetics is an evolving field of study Gliskko Products are based on the current knowledge of genetics. This knowledge changes every day as we learn more through research. A Gliskko Product based on the current state of knowledge may have a different interpretation in the future. Even though we know many traits have a basis in genetics, we may not know or understand all the genetic contributions for a trait. Research in science and medicine is continuously discovering new links between genes and traits. Such research is also showing that some previously identified links may not be valid. Every genome is different. Every person has variations that are either unique to them or are not well described in medical and scientific literature. Your DNA will have variations that are not fully understood. As such, some Gliskko Products may reveal variations in your DNA that they cannot currently interpret. Gliskko Products provide interpretations based on scientific studies. Such studies are often based on a specific population, such as a specific ethnicity. Thus, you may receive interpretations that are based on a population that differs from your ethnicity or genetic background. Genetics cannot tell you everything about yourself There are few cases where a single gene (or variation in a single gene) is completely predictive of any one trait. Most traits are influenced by multiple genetic and non-genetic factors. Your lifestyle, your environment and chance can also play a role in whether you will have or develop a trait. The interpretation of Genetic Information is often as a probability, likelihood, or risk. Even if you have one or more genetic variations linked to a certain trait, it may not mean that you have or will develop that trait. In addition to non-genetic factors, multiple genes or genetic variations often influence a single trait. That means the effect of any one, single genetic variation may be low. Even if you do not have one or more genetic variations linked to a certain trait, you may still have or develop that trait. In some cases, it is more accurate to measure your physical trait (e.g., height) than to use Genetic Information to predict the trait (e.g., genes for height). You may discover information that causes you distress You cannot unlearn the knowledge you gain from a Gliskko Product. Some people prefer not to know their Genetic Information for some traits. You may discover Genetic Information that you do not expect. In some cases, this information may be interesting. In other cases, it may lead to unintended reactions such as anxiety, depression or distress. Examples of these include: discovering an unexpected genetic risk for a health condition Gliskko allows you to select which insights you would like to receive by purchasing Gliskko Products and navigating the Platform-Maika. You are responsible for considering the potential impact this information may have on you or your relatives before purchasing a Gliskko Product. Revealing your Genetic Information may affect your privacy You may also wish to publicly share results on your own. You should be careful about sharing your Genetic Information with others and know the consequences before doing so. Genetic Information that you choose to share with your health professional may become part of your medical record. That means it could be accessible to other health professionals and possibly health insurance providers in the future. Please see our Privacy Policy for further information about how we handle your Genetic Information and your options for disclosure of such information. Our Privacy Policy describes how Gliskko protects your privacy, and our Platform-Maika Consent describes the risks and benefits of genetic interpretation. Your Genetic Interpretation may have implications for your relatives Your biological relatives will share some portions of your DNA. Because of this fact, some information you receive from Gliskko Products you use may have implications for them as well. Genetic Information can reveal information that is surprising to you or your family. For some Gliskko Products, information may show that other relatives are at risk for a health condition they did not know about before. It is important to consider how information you learn may have a positive or negative impact on members of your family. Some of your family members may not want to know about such Genetic Information. If you have questions about how to share sensitive Genetic Information with relatives, you should speak with a qualified healthcare provider, such as a genetic counselor. You may receive information about your health Gliskko Products analyze your Genetic information for Health purposes and may suggest actions or interventions that you can take related to your health. However, Gliskko Products do not have a complete view of your health history. Before you act on any health information provided through Gliskko Products, please first consult with a healthcare professional. Not all Genetic Information can or should be acted upon. If you have questions or concerns, you should speak with a health professional such as a physician or genetic counselor prior to purchasing a Gliskko Product. The results of Gliskko Products should not be used to diagnose or treat a medical condition. You should consult a qualified healthcare provider before you take medical action. Not all scientific and health interpretation claims have been validated by the scientific and/or medical community or the Food and Drug Administration (“FDA”). However, not all Gliskko Products on the Gliskko Platform-Maika require approval by the FDA. Gliskko does not provide allergy testing and none of our content should be interpreted as allergy testing. PLEASE CALL YOUR DOCTOR OR 911 IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY. 15. Disclaimer of Warranties Gliskko makes its best efforts to provide accurate Genetic Interpretation and to offer Gliskko Products of high quality. However, we do not warrant the accuracy, completeness, or usefulness of the Services. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Gliskko EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) Gliskko MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Gliskko OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. Gliskko DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, Gliskko SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES. You understand that we cannot and do not guarantee or warrant that content available for downloading from the Site or any links provided on the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient anti-virus protections to meet your needs. You are also responsible for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 16. Limitation of Liability IN NO EVENT WILL Gliskko, THE Gliskko PARTNERS, Gliskko AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO SITE, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Gliskko SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Gliskko HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) 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 (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES. You also release, waive, discharge, and promise not to sue or bring any claim of any type against us for any loss, damage or injury relating in any way to the Services or any part thereof. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE. 17. Indemnification You agree to defend, indemnify, and hold harmless Gliskko, its affiliates and licensors and their respective officers, directors, employees, contractors, consultants agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Service or your use of the Services, including, without limitation, any use of the content, services, and products of the Services other than as expressly authorized in these Terms of Service or your use of any information obtained from the Site. 18. General Practices Regarding Use and Storage You acknowledge that, in accordance with the applicable laws and regulations, Gliskko may establish 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 Gliskko’s 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. You acknowledge and agree that Gliskko 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 or for the loss of Genetic Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that Gliskko reserves the right to change these general practices and limits in its sole discretion. Nothing in this section will be construed as to interpret any limitation on your rights to access, delete or request the correction of your information as per the terms of our Privacy Policy. You can ask for more information regarding your rights by reaching to our Privacy Team at service@gliskko.com, or for those European Economic Area (“EEA”) and the United Kingdom at https://gdpr-rep.eu/dsrtool/11364712 19. Account Closure The TOS will continue to apply until terminated by either you or Gliskko as set out in this Section. If you want to terminate your legal agreement with Gliskko, you may do so by notifying Gliskko 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 Gliskko's address,6910 NW 50th ST, Suite 81451 Miami Fl 33195, or online via Customer Support. If you provide a notice online via service@gliskko.com, Gliskko 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. If you terminate your legal agreement with Gliskko, and except for the exercise of your rights as per our Privacy Policy, your information will no longer be accessible through the Site or Services. We cannot restore access to your Gliskko Account after it has been closed. You will be unable to purchase another Gliskko Product on the Gliskko Platform-Maika unless you create a new Gliskko Account and upload your genotype file again. No software, technology or other information from this Platform-Maika may be downloaded or otherwise exported or re-exported to any person or entity in the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or otherwise prohibited by United States export control laws. By downloading or otherwise using any software, technology or other information from this Platform-Maika in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country. 20. Dispute Resolution For customers within the European Economic Area (“EEA”) and the United Kingdom, the terms of this section 20. “Dispute Resolution” will be applicable to you in all cases except those arising out of the application, interpretation and enforcement of our Privacy Policy. For all other disputes not connected with our Privacy Policy, these Terms of Use, and in particular, this section 20. “Dispute Resolution” will be applicable to all users of any Gliskko Services. For Customers outside the European Economic Area (“EEA”) and the United Kingdom, the terms of this section 20 “Dispute Resolution” will be applicable to all disputes, including those arising out of the application, interpretation and enforcement of our Privacy Policy. If a dispute arises between you and Gliskko, you agree to first contact Gliskko’s Customer Support to seek a resolution. If our Customer Support (service@gliskko.com) is not able to resolve the issue, then except for disputes relating to the infringement or other misuse of intellectual property rights: Such disputes will be resolved through binding arbitration rather than in court. This arbitration will be administered by the American Arbitration Association (“AAA”). Such arbitration will follow the rules of the AAA (“AAA Rules”), as modified by these Terms of Service. The arbitration will be conducted in the English language. Any arbitration hearing will be held in Orange County, California. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as set forth in the Federal Rules of Civil Procedure Rule 11), then the AAA Rules will apply regarding payment of arbitration costs. The AAA Rules and fees are available online at www.adr.org or can be obtained by calling the AAA at 1-800-778-7879. You and Gliskko both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. You and Gliskko agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. Further, unless both you and Gliskko agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this Section 20 is found to be unenforceable, then this Section 20 will be null and void. In such a case, you and Gliskko agree that the exclusive jurisdiction and venue described in Section 23 will govern any action arising out of or related to these Terms of Service. 21. Waiver and Severability No waiver of these Terms of Service by Gliskko shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of Gliskko to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect. 22. Entire Agreement These Terms of Service, our Privacy Policy, and Platform-Maika Consent constitute the sole and entire agreement between you and Gliskko with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. 23. Miscellaneous These Terms of Service and any dispute or claim arising out of, or related to, them or the Site, their subject matter or their formation (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with California law, without regard to its conflicts of laws principles and excluding the applicability of United Nations Convention for the International Sale of Goods. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Gliskko agree to exclusively litigate such disputes in the state courts located in Orange County and the federal courts located in San Francisco County, California, and both parties consent to venue and personal jurisdiction in California. You may not assign any of your rights in these Terms of Service, and any such attempt is void. Gliskko may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Any claim you might have against Gliskko must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these Terms and is hereby disclaimed. A printed version of these Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent as other documents and records originally generated and maintained in printed form. Please contact Gliskko if you wish to receive a printed copy of these Terms. Gliskko and you are not legal partners or agents of one another. The relationship between you and Gliskko is and shall be that of independent contractors and nothing in these Terms shall be construed or used to create or imply any relationship of partners, joint ventures, or employer and employee. You may not assign or otherwise transfer these Terms or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without Gliskko’s prior written consent. Any attempt of assignment, delegation, or transfer in violation of these Terms shall be void, of no effect, and a material breach of these Terms. Notwithstanding the foregoing, Gliskko may assign these Terms in whole or in part. Moreover, Gliskko may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under these Terms. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted in accordance with law, and no other terms will be modified. In the event any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of these Terms, the invalidity, voidness, or unenforceability shall affect neither the validity of these Terms nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. If we choose not to enforce any of these Terms, we are not waiving our rights. If the performance of any part of these Terms by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, pandemic, public health crisis, judicial or governmental action, emergency, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes. 24. Your Comments and Concerns If you have any feedback, comments, requests for support, or other communications about the Services, you should contact Gliskko’s Customer Support. You may contact Customer Support at service@gliskko.com
PLATFORM MAIKA CONSENT
Platform-Maika Consent
When you use Gliskko, you put your trust in us. Our goal is for you to always feel informed, empowered, and respected during your Gliskko experience. We’ve written this Platform-Maika Consent to help you make sense of what using the Gliskko Platform-Maika means. It tells you the benefits, risks, and limitations of using the Gliskko Platform-Maika. Please take the time to read it with care. If you have questions, we’re here to help! If you have any questions, you can contact us at service@gliskko.com. You must be 18 or older to use the Gliskko Platform-Maika. You can also find more details about Gliskko and the Gliskko Platform-Maika here: Terms of Service Privacy Policy Important terms Any terms we don’t define here are defined in our Terms of Service or Privacy Policy. Gliskko Products: Products and services that use portions of your DNA. They are featured on the Gliskko Platform-Maika. Genetic Information: Your sequenced DNA and interpretation of the data. We derive it from the file you upload and store it for you to use with Gliskko Products. Gliskko: When you see the words “we,” “us,” or “our,” we’re talking about Gliskko. Gliskko Insights: Insights about you provided by Gliskko based on your DNA, including our Genetic Reports. Gliskko Platform-Maika: The Gliskko Store and App, plus the process we use to store your Genetic Information. Gliskko Store: Where we feature Gliskko Products. Self-Reported Information: Other details about you that aren’t a part of your DNA. It may include details about your health, family tree, lifestyle, and behaviors. Purpose of the Gliskko Platform-Maika Gliskko was founded to empower every person to improve their life through their genetics and a functional medicine approach. To that end, Gliskko provides the Gliskko Platform-Maika, which features personalized information and a number of Gliskko Products that can give you insights about yourself based on your genetics. Some of them also offer you services based on those insights. There are many types of Gliskko Products on the Gliskko Platform-Maika. Each type can give you certain kinds of insights. Gliskko also provides Gliskko Insights. You can access these insights as part of your Gliskko Account and subscription. You can use the Gliskko Platform-Maika to read personalized information or browse and buy Gliskko Products. Over time, new Gliskko Products will be added to the Gliskko Platform-Maika. You can buy as many (or as few) of these products as you want. Before you buy a product, you’ll be informed what you can expect to learn from it. You’ll also learn what information we will use to create it. Using the Gliskko Platform-Maika – Providing your genetic file To use the Gliskko Platform-Maika full services, you must provide access to your genetic file. – Getting insights from Gliskko Products You choose the Products you want to use through the Gliskko Platform-Maika. When you use a Product, you choose to learn about the portions of your Genetic Information that it needs. Each Product or Service you use will: Use portions of your Genetic Information to offer you insights about yourself. Tell you what you can expect to receive from the product. Ask you to give your consent for that product to look at portions of your Genetic Information. Ask you to share some basic details about you, like your email address. – Getting your Gliskko Insights If you opt in, Gliskko will use certain portions of your uploaded sequenced DNA to produce your Gliskko Insights. You can then access your Gliskko Insights through your Gliskko Account. Your Gliskko Insights may give you a glimpse into what Products could offer you, such as: If you are more or less likely to have certain traits, like fast caffeine metabolism or being a night owl. Gliskko may also show you which product(s) in the Gliskko Store take a deeper look at similar insights. – Giving other information about you The Gliskko Platform-Maika may also ask for your Self-Reported Information. This information could improve your Gliskko Insights. In some cases, it could improve the insights you get from Gliskko Products. It could also support other tools and services through the Gliskko Platform-Maika. – Helping improve the Gliskko Platform-Maika Gliskko may use your Genetic Information or Self-Reported Information as part of a pooled data set. We call these data sets “Aggregated Genetic Information.” This kind of data set combines de-identified data from many Gliskko Users. These data sets would not include any details that make it easy to identify you. Gliskko may use these data sets for business or promotional purposes. To use the Gliskko Platform-Maika, you must let Gliskko use your information as part of these data sets. Gliskko strives to give you current, reliable, and high-quality experiences. As such, a key way that we will use Aggregated Genetic Information is to improve the Gliskko Platform-Maika. We may do so with our quality control methods. Some of them may focus on how we store and process your Genetic Information. Some of them may focus on how you use the Gliskko Platform-Maika. All information used for quality control will be used only within Gliskko. You can find more details about how we use Aggregated Genetic Information in our Privacy Policy. Closing your Gliskko Account You can stop using the Gliskko Platform-Maika at any time. You can also choose to close your Gliskko Account. More details about this can be found in our Terms of Service and Privacy Policy. If you close your Gliskko Account, neither you nor we can access your information on Gliskko moving forward. Closing your Gliskko Account prevents you from buying any more Gliskko Products and removes access to your Gliskko Insights. We cannot restore your account if you close it. If you wish to buy new Gliskko Products or access the Gliskko Platform-Maika, you will need to create a new Gliskko Account. To do so, you will also need to upload your genetic file again. When you close your account, we will archive your information. We will keep it archived for as long as we must to meet our legal and regulatory requirements. Benefits We intend for you to benefit from the Gliskko Platform-Maika. You can do so by learning about yourself from your genetic file. What you learn may be useful for you in a number of ways. You might assuage your curiosity or simply enjoy learning about your genetics. You may also be able to apply what you learn to your health, wellness, family planning, and more. How you benefit may change as your interests, needs, and motivations change through your life. How you benefit may also change as new Gliskko Products and Insights are added to the Gliskko Platform-Maika. You may benefit in ways that we can’t predict today. Risks There are some risks that come with using the Gliskko Platform-Maika. There is a chance, you could learn something about yourself that you didn’t want to know. For instance, you could find out something that concerns you about your health. Since you share DNA with your blood relatives, these learnings could also affect them. You may want to discuss your options with your doctor, a mental health professional, or a genetic counselor before or after you get your Gliskko Insights. Under the Genetic Information Nondiscrimination Act, (GINA), no employer with at least fifteen workers can ask for your Genetic Information. Neither can any health insurer. However this does not apply to other groups, such as the US military or companies that offer life, long-term care, or disability insurance. Some states have safeguards for those types of insurance. You should be aware of the laws in your state and be careful with whom you choose to share your Genetic Information. There is a risk of a security event in which someone may access your data without your consent. These data could include your name, contact details, or Genetic Information. When combined, these data could allow someone to connect your Genetic Information back to you. Gliskko takes active steps to reduce the risk of such an event. Please see our Privacy Policy for more details. Gliskko may need to share details about you with regulators and law enforcement. These details may include your Genetic Information. We will only share these details if we are compelled by law to do so. Please see our Privacy Policy for more details. Lastly, each Gliskko Product has its own risks, benefits, and limitations. The Gliskko Platform-Maika will give you some details about each Gliskko Product. You should carefully weigh the risks, benefits, and limitations of each product you choose to buy. You may way want to talk with a genetic counselor. Limitations The Gliskko Platform-Maika has some limitations. Some of these are unique to Gliskko. Some are related to genetic interpretation in general. Many of these are also discussed in our Terms of Service. Gliskko only stores your genotype file. Some of the DNA that your genotype file does not contain could be needed for certain insights. Your Genetic Information cannot tell you everything about yourself. Your genes are only a part of who you are. Most traits that your Gliskko Insights or Gliskko Products describe are not deterministic. In other words, your results describe your chance of having a given trait, but they can only rarely predict whether you do for certain. In some cases, factors like where and how you live can influence this chance more than your DNA. Gliskko Insights describe traits that have been studied mostly in people of European descent. As such, Gliskko Insights for users from other backgrounds may be less informative. Gliskko Products may or may not base their results on science that looked at more diverse groups of people. Your Gliskko Insights and Products are based on the current state of knowledge. Over time, more will be known about DNA and how it affects traits. As this knowledge improves, we may update your Gliskko Insights results. Though not likely, your Genetic Information stored by Gliskko could have some errors. In some cases, errors can occur while sequencing your DNA prior to uploading tour genetic file onto our Platform-Maika, or when we read the uploaded Genetic Information. Gliskko has many quality control steps in place to find errors when they occur. In some cases, we may not be able to read your genetic file for technical reasons, such as not having the SNPs we read to provide you Insights. Questions about the Gliskko Platform-Maika You may have questions about Gliskko, the Gliskko Platform-Maika, or your use of it. If you do, you can contact Gliskko’s Customer Support at service@gliskko.com.