TERMS OF SERVICE

Last date updated: 05 September 2018

1.1 These terms and conditions (“Terms”) and all the documents expressly referred to in them (the ”Agreement”) are the terms and conditions of the agreement which you enter into with us when you use the lumminary.com Platform (the “Platform”), including the website, DNA App Store, DNA Vault, sequencing services, or any other service directly provided by Lumminary ( “Our Services”).

1.2 By accessing or using the Platform, you indicate that you have read, understand and accept the terms and conditions of this Agreement and that you agree to abide by them.

If you do not agree to this Agreement, please refrain from accessing or using the Platform. This Agreement applies to each user of the Platform (each a “User”, “you”, “your”).

2 ABOUT US

The Platform is operated by Lumminary LTD (“we”, “us” and “our”). Lumminary LTD is incorporated in the UK under company number 10821696 with registered office at Pacific House, 382 Kenton Road, Harrow (City), Middlesex (County), HA3 8DP, UK.

3 YOUR ACCOUNT

You may not sublicense, rent, lease, sell, trade, gift or otherwise transfer your account or use an account obtained in any of these ways.

4 ACCESSING THE PLATFORM

4.1 As a condition of your access and use of the Platform, you warrant to us that you have the right, authority and capacity to enter into and be bound by this Agreement

4.2 We have no obligation to monitor any user’s activity or use of the Platform, however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request.

4.3 We do encourage that you contact our customer support team to notify us of any abuses or breaches of this Agreement.

4.4 From time to time, we may make changes to the lumminary.com Platform (the “Platform”), including the website, DNA App Store, DNA Vault, sequencing services, or any other service directly provided by Lumminary, for purposes such as, but not limited to, improving our offering, user experience, enhancing or consolidating our products, etc. Access to the Platform is permitted on a temporary basis, and we reserve the right to at any time and without liability withdraw, suspend or amend any aspect or feature of the Platform without notice or liability.

Access to the Platform is provided on an “as is” basis. You should not rely on any Content and/or other material on the Platform to make (or refrain from making) any decision or to take (or refrain from taking) any action on which reliance should be placed. We accept no responsibility for keeping the information on the Platform up to date or complete, or liability for any failure to do so.

4.5 When using the Platform, you must comply with the provisions of the Privacy Policy, which forms part of this Agreement. The Privacy Policy sets out how we may use information about you collected during use of the Platform.

5 OUR SERVICES

5.1 The Lumminary platform can process and analyze genetic data in multiple formats and from many genetic providers. Our platform provides specialized DNA data storage supporting real-time encryption, compression anonymization and enrichment.

Our curated selection of third party consumer genomics apps includes but is not restricted to personalized health and lifestyle insights, from diet and fitness plans, to optimum sleep cycles, ancestry, and prevention of genetic predisposition illnesses, up to DNA-based art & entertainment (the “Third Party Apps”).

In order to access the services provided by Third Party Apps on the Lumminary App Store, you can:

  1. upload your DNA sequencing information to your account on our platform or
  2. buy a DNA sequencing service

5.2 If you buy a DNA sequencing service, you will be provided with a DNA Testing Kit and will be asked to provide a DNA sample (saliva).

We will aim to deliver the DNA Testing Kit within 7 business days from the placement of your order. The DNA Collection Kit will be sent to the address you specify on your account and you are expected to return it using the prepaid package which is included in the initial delivery.

Following the sequencing of your DNA sample by our lab or by one of our third-party DNA sequencing services providers, the results will be uploaded directly to your Lumminary account and you will be able to use them in order to access other Third Party Apps present on the Lumminary App Store.

5.3 When submitting a DNA sample or DNA file, you hereby agree and confirm:

  • That you are over 18 years old;
  • That we can sequence your DNA in our labs or provide your DNA sample to third parties which provide DNA sequencing services, including companies in the EU or outside of the EU;
  • That you authorize the analysis of your DNA by any such third parties and the destruction by them of any sample you provide after its analysis;
  • That we can keep the results of your DNA sequencing in our DNA Vault database in order to further provide you with Our Services or Third Party Apps, in accordance with the present Terms of Service and our Privacy Policy;
  • If you upload DNA sequencing information, generated previously by a different provider, in the DNA Vault, that we can give access to such information to any of the providers present on our Platform, when you buy or grant access to Third Party Apps. This process is always initiated by you, and we will just share the DNA part that is necessary for our partner to provide the service you acquired. Your personal details will be anonymized, and the partner will not receive access to your personal information aside from the DNA information required by our partner to provide the service.

6 PAYMENT AND REFUNDS

6.1 Payment for Our Services can be made via bank card using Visa or Mastercard debit or credit cards. The transaction charges are absorbed by Lumminary.

6.2 Refunds. For DNA Sequencing Services you may request a refund within 30 days of purchase as your saliva sample has not been received by Lumminary or one of our lab partners. We will refund you the full amount for the sequencing service minus a $100 standard fee for shipping, handling, DNA collection kit, and cancellation charges. You can request a refund by using the refund process available in your Lumminary user account. Once we or one of our partners have received your saliva sample, your purchase can no longer be refunded.

If the order does not include a DNA Sequencing Service and only consists of Third Party Apps or Third Party Services/Products, it is subject to a refund within 30 days of purchase, in the following situations:

  • Your genetic data file does not include sufficient information for the service to be delivered;
  • The delivery of the service has not yet started.

In all other cases, the order will not be subject to a refund.

7 RESTRICTIONS ON RIGHT TO USE

7.1 You agree that you shall not (and you agree not to allow any third party to):

  1. 7.1.1 remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or on any Content or other material obtained via the Platform;
  2. 7.1.2 use any robot, spider, search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Platform;
  3. 7.1.3 access, screen-scrape, retrieve or index any portion of the Platform for purposes of constructing or populating a searchable database of any of the information present on the Platform;
  4. 7.1.4 reformat or frame any portion of the Platform;
  5. 7.1.5 create user accounts by automated means or under false or fraudulent pretenses;
  6. 7.1.6 copy or store any Content offered on the Platform for other than your own use of the Platform;
  7. 7.1.7 use any device, software or routine that interferes with the proper working of the Platform, or otherwise attempt to interfere with the proper working of the Platform;
  8. 7.1.8 use the Platform, intentionally or unintentionally, to violate any applicable law;
  9. 7.1.9 impersonate any person or entity; or
  10. 7.1.10 transmit or otherwise make available using the Platform any material that you do not have a right to make available under any law or contractual obligation which includes a breach of third party intellectual property rights.

8 SUSPENSION AND TERMINATION

8.1 You agree that we may, with or without cause, immediately terminate your user account and access to the Platform without prior notice at our sole discretion. Without limiting the foregoing, the following may lead to a termination by us of a user’s use of the Platform: (a) a breach of this Agreement, (b) a request by law enforcement authorities or other government agencies in respect of your Account, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems experienced by us, and (e) extended periods of inactivity in respect of your Account. Termination of your user account can include removal of access to the Platform as well as the deletion of any data associated with the account. Furthermore, you agree that all terminations shall be made in our sole discretion and that we shall not be liable to you nor any third party for any termination of your account or access to the Platform.

8.2 Failure to comply with this Agreement may result in our taking all or any of the following actions:

  1. 8.2.1 immediate, temporary or permanent withdrawal of your right to use the Platform;
  2. 8.2.2 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  3. 8.2.3 other legal action against you; and/or
  4. 8.2.4 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

8.3 We exclude liability for actions taken in response to restrictions of use. The responses described in this Agreement are not limited, and we may take any other action we reasonably deem appropriate.

9 THIRD PARTY SERVICES

When you buy any service or product provided by one of the partners on our Platform (a “Third Party Service”), the respective provider is solely responsible for the quality and results of its services. We provide no guarantees whatsoever about the quality of the Third Party Services you buy on our Platform from third party suppliers.

Any such Third Party Services are the full responsibility of the respective third parties and the use of such Third Party Services by you is governed by the third parties’ terms of use or respective agreements. We disclaim all liability and responsibility arising from your use of any such third parties services.

10 COMPLAINTS

If you believe that any part of the Platform or any Third Party App present on our Platform breaches this Agreement or is in any other way objectionable, please contact our customer support team by specifying the full details of such breach and by specifying the reasons for your objections. If you do not provide us with sufficient information, we may be unable to process your complaint. We reserve the right to investigate and we will determine, in our discretion, what action (if any) to take.

11 INTELLECTUAL PROPERTY RIGHTS

11.1 We are the owner or the licensee of all intellectual property rights in the Platform and the Content published on it, except for the trademarks and other intellectual property belonging to our licensors. These works are protected by copyright laws, trademark laws, database laws and treaties around the world. All such rights are reserved.

11.2 The Platform (including, but not limited to, text, photographs, graphics, video and audio Content) is protected by copyright as collective works or compilations under the copyright laws of England and Wales and other countries. The Platform and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by us or our licensors. You acknowledge that the Platform and any underlying technology or software used in connection with the Platform contains our proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the software, and/or materials available on the Platform, in whole or in part except as expressly provided. Except as expressly and unambiguously provided herein, we and our suppliers do not grant you any express or implied rights, and all rights in any of the elements of the Platform not expressly granted by us to you are retained by us.

11.3 All product names mentioned on the Platform are the trademarks of their respective owners, and other trademarks may be displayed on the Platform from time to time. Some material on the Platform may contain other information containing intellectual property of a third party. Nothing displayed on the Platform should be construed as granting you any license or right of use of any logo, information or trademark displayed on it, without the express written permission of the relevant owner, save as expressly provided in this Agreement.

11.4 You must not mirror, scrape or frame any part of the Platform, nor incorporate it into another website, software or application without our express written permission except as permitted by us.

11.5 Our status (and that of any partners, advertisers or third parties identified on the Platform) as the authors of material on the Platform must always be acknowledged by you.

11.6 You must not use any part of the Platform for commercial or non-commercial purposes without obtaining a license to do so from us.

11.7 If you print off, copy or download any part of the Platform in breach of this Agreement (except your reports), your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials that you have made.

12 OUR LIABILITY

12.1 Our Platform, the Third Party Apps, products and other material displayed, accessible from or used on the Platform are provided without any guarantees, conditions or warranties as to their accuracy. To the extent permitted by law, we expressly exclude:

  1. 12.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
  2. 12.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Platform or in connection with the use, inability to use, or results of the use of the Platform, any websites/applications linked to it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect any liability which cannot be excluded or limited under applicable law.

12.2 We shall not be liable for any failure to perform any of our obligations under this Agreement caused by matters beyond our reasonable control. Under no circumstances will we be liable in any way for any materials present on the Platform, including, but not limited to, any errors or omissions, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any section of the Platform.

12.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may infect your equipment or device, computer programs, data or other proprietary material due to your use of the Platform or on any website/application linked to it.

12.4 We do not guarantee the security of the services or any systems connected with the use of the Platform (including the internet and your hardware and software) used in accessing the services, or any information passed through such systems. We do not guarantee access to the Platform or any systems used in accessing our services will be continuous or virus or error free.

13 INDEMNITY

You agree to indemnify and hold us, our parent, subsidiaries, officers, directors, shareholders and employees, harmless, including costs and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to Platform, (ii) your use of any of the Third Party Apps, (iii) the violation of this Agreement by you, or (iv) the infringement by you, or any third party using your account or user identification name or password, of any intellectual property or other right of any person or entity.

14 CONTACT FROM US

In the course of providing you services and in respect of your use of the Platform, we may need to communicate with you via email or the other details that you have submitted to us directly or through different applications that link third parties’ websites or applications to the Platform. You agree to receive emails which are specific to your account and necessary for the normal functioning of the Platform, including emails which help inform users about functionality of the Platform.

15 JURISDICTION AND APPLICABLE LAW

This Agreement is governed by the law of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales.

16 VARIATIONS

We may revise this Agreement at any time by amending the pages upon which they appear on the Platform without giving notice of such modifications. Such modifications become effective immediately upon posting of the modified terms on the Platform. You agree to review the Agreement periodically so that you are aware of any modifications. Your continued use of the Platform after any modifications indicates your acceptance of the modified Agreement.

17 WAIVER

A failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of that right or remedy or the exercise of another right or remedy.

18 SEVERABILITY

In the event that any clause or any part of any clause in this Agreement is declared invalid or unenforceable, by the judgment or decree by consent or otherwise of a court of competent jurisdiction from whose decision no appeal is or can be taken, all other provisions contained in this agreement shall remain in full force and effect and shall not be affected by such finding for the term of this Agreement.

19 ASSIGNMENT AND ENTIRE AGREEMENT

We may assign or subcontract any or all of our rights and obligations of our Agreement with you to a third party at any time, at our discretion. You may not, without our prior written consent, assign or dispose of any of your rights or obligations arising under this Agreement.

This Agreement contains the entire agreement and understanding between the parties relating to the Platform, and supersedes any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either you or us. In the event of any inconsistency between the Privacy Policy and these Terms then these Terms take priority.

20 SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback and other information about the Platform provided by you to us are non-confidential and may be used by us at our discretion.

21 YOUR CONCERNS AND COMPLAINTS

If you have any concerns about material that appears on the Platform, please contact our customer support team.