"23andMe" means 23andMe, Inc., whose principal place of
business is at 899 West Evelyn Ave., Mountain View, CA 94041.
"23andMe Research" means scientific research that 23andMe
performs with the intent to publish in a peer-reviewed scientific journal.
23andMe Research only uses Genetic and Self-Reported Information from users who
have given informed consent according to the applicable Consent Document.
23andMe Research activities do not include R&D.
"Product Development" means research performed for the purpose
of new product development and new product development activities performed by
23andMe on de-identified user data. These activities may include, among other
things, improving our Services and/or offering new products or services to you;
performing quality control activities; conducting data analysis that may lead to
and/or include commercialization with a third party.
"Service" or "Services" means 23andMe's
products, software, services, and website (including but not limited to text,
graphics, images, and other material and information) as accessed from time to
time by the user, regardless if the use is in connection with an account or not.
"Personal Information" is information that can be used to
identify you, either alone or in combination with other information. 23andMe
collects and stores the following types of Personal Information:
"Registration Information" is the information you
provide about yourself when registering for and/or purchasing our
Services (e.g. name, email, address, user ID and password, and payment
"Genetic Information" is information regarding your
genotype (e.g. the As, Ts, Cs, and Gs at particular locations in your
genome), generated through processing of your saliva by 23andMe or by
its contractors, successors, and assignees; or otherwise processed by
and/or contributed to 23andMe.
"Self-Reported Information" is all information about
yourself, 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 23andMe account. Self-Reported Information is included in
23andMe Research only if it has been indicated for 23andMe Research use
on the website and if you have given consent according to the applicable
"User Content" is all information, data, text,
software, music, audio, photographs, graphics, video, messages, or other
materials - other than Genetic Information and Self-Reported
Information-generated by users of 23andMe Services and transmitted,
whether publicly or privately, to or through 23andMe.
"Web Behavior Information" is information on how you
use the 23andMe website (e.g. browser type, domains, page views)
collected through log files, cookies, and web beacon technology.
"Aggregated Genetic and Self-Reported Information" is Genetic
and Self-Reported Information that has been combined with that of other users
and analyzed or evaluated as a whole, such that no specific individual may be
2. Acceptance of Terms
Your use of 23andMe's Services (excluding any services provided by 23andMe under
a separate agreement) is subject to the terms of the legal agreement between you
and 23andMe set forth in these Terms of Service ("TOS"). Except
as specified herein, these TOS apply to any use of the Services, including but
not limited to a) submitting a saliva sample for DNA extraction and processing,
b) uploading a digital version of your Genetic Information and interacting with
it on the 23andMe website, and/or c) creating and using a free 23andMe account
without providing your saliva sample or Genetic Information. In order to use the
Services, you must first agree to the TOS. You may not use the Services if you
do not accept the TOS. You can accept the TOS by (1) clicking to accept or agree
to the TOS, where this option is made available to you by 23andMe for any
Service; or by (2) actually using the Services. In this case, you acknowledge
and agree that 23andMe will treat your use of the Services as acceptance of the
TOS from that point onwards. In addition, when using particular 23andMe
Services, you shall be subject to any guidelines or rules applicable to such
services that may be posted from time to time. All such guidelines or rules are
hereby incorporated by reference into the TOS. 23andMe also may offer other
services from time to time that are governed by different terms of service.
Whether you submit your own saliva sample, a saliva sample for anyone for whom
you have legal authority to agree, or otherwise provide your own Genetic
Information, you may not use the Services and may not accept the TOS if (1) you
are not of legal age to form a binding contract with 23andMe, or (2) you are a
person barred from receiving the Services under the laws of the jurisdiction in
which you are resident or from which you use the Services.
In addition to the conditions above, if you contribute or otherwise provide your
own Genetic Information, you must be eighteen (18) years of age or older to
agree to these TOS on behalf of yourself or those for whom you have legal
authority to agree.
If your use of the Services includes creating a 23andMe account, without
submitting a saliva sample or otherwise providing Genetic Information, you must
be thirteen (13) years of age or older to use the Services and accept the TOS.
4. Description of the Services
The Services include access to the 23andMe public website and personal
genotyping services, including the collection and analysis of your saliva
sample. Unless explicitly stated otherwise, each new feature that augments or
enhances the current Service shall be subject to the TOS. You acknowledge and
agree that the Services are provided "AS-IS" and are based on the current state
of the art of genetic research and technology in use by 23andMe at the time of
the purchase or viewing. As research progresses and scientific knowledge and
technology evolve, 23andMe is constantly innovating in order to provide the best
possible experience for its users. You acknowledge and agree that the form and
nature of the Services which 23andMe provides may change from time to time
without prior notice to you. As part of this continuing innovation, you
acknowledge and agree that 23andMe may stop (permanently or temporarily)
providing some Services (or any features within the Services) to you or to users
generally at 23andMe's sole discretion, without prior notice to you. You may
stop using the Services at any time. You do not need to specifically inform
23andMe when you stop using the Services unless you are requesting closure of
your account. 23andMe assumes no responsibility for the use of Services outside
the terms of this TOS or other applicable terms.
In order to use the Services, you must obtain Internet access, either directly
or through devices that access web-based content, and pay any service fees
associated with such access. You are solely responsible for paying such fees.
In addition, you must provide all equipment necessary to make such Internet
connection, including a computer and modem or other access device. You are
solely responsible for providing such equipment. You acknowledge and agree that
while 23andMe may not currently have set a fixed upper limit on the number of
transmissions you may send or receive through the Services or on the amount of
storage space used for the provision of any Service, such fixed upper limits may
be set by 23andMe at any time, at 23andMe's discretion.
5. Risks and Considerations Regarding 23andMe Services
Once you obtain your Genetic Information, the knowledge is irrevocable.
You should not assume that any information we may be able to provide to you,
whether now or as genetic research advances, will be welcome or positive. You
should also understand that as research advances, in order for you to assess the
meaning of your DNA in the context of such advances, you may need to obtain
further services from 23andMe, your physician, a genetic counselor, or other
health care provider.
We encourage you to talk to a genetic counselor, a health professional with
special training in genetic conditions, prior to collecting your sample for
testing to learn more so you can make an informed decision about whether testing
is right for you. A genetic counselor also can help you understand your results
Some people feel a little anxious about getting genetic health results.
This is normal. If you feel very anxious, you should speak to your physician or
a genetic counselor prior to collecting your sample for testing.
You may learn information about yourself that you do not anticipate.
This information may evoke strong emotions and has the potential to alter your
life and worldview. You may discover things about yourself that trouble you and
that you may not have the ability to control or change (e.g., your father is not
genetically your father, surprising facts related to your ancestry, or that
someone with your genotype may have a higher than average chance of developing a
specific condition or disease). These outcomes could have social, legal, or
The laboratory may not be able to process your sample, and the laboratory
process may result in errors.
The laboratory may not be able to process your sample up to 3.0% of the time if
your saliva does not contain a sufficient volume of DNA, you do not provide
enough saliva, or the results from processing do not meet our standards for
accuracy.* If the initial processing fails for any of
these reasons, 23andMe will reprocess the same sample at no charge to the user.
If the second attempt to process the same sample fails, 23andMe will offer to
send another kit to the user to collect a second sample at no charge.
If the user sends another sample
and 23andMe's attempts to process the second sample are unsuccessful, (up to
0.35% of all samples fail the second attempt at testing according to 23andMe
data obtained in 2014 for all genotype testing),* 23andMe will not send
additional sample collection kits and the user will be entitled solely and
exclusively to a complete refund of the amount paid to 23andMe, less shipping
and handling, provided the user shall not resubmit another sample through a
future purchase of the service. If the user breaches this policy agreement and
resubmits another sample through a future purchase of the service and processing
is not successful, 23andMe will not offer to reprocess the sample or provide
the user a refund. Even for processing that meets our high standards, a small,
unknown fraction of the data generated during the laboratory process may be
un-interpretable or incorrect (referred to as "Errors"). As this possibility is
known in advance, users are not entitled to refunds where these Errors occur.
You should not change your health behaviors solely on the basis of
information from 23andMe.
Make sure to discuss your Genetic Information with a physician or other health
care provider before you act upon the Genetic Information resulting from 23andMe
Services. For most common diseases, the genes we know about are only responsible
for a small fraction of the risk. There may be unknown genes, environmental
factors, or lifestyle choices that are far more important predictors. If your
data indicate that you are not at elevated genetic risk for a particular disease
or condition, you should not feel that you are protected. The opposite is also
true; if your data indicate you are at an elevated genetic risk for a particular
disease or condition, it does not mean you will definitively develop the disease
or condition. In either case, if you have concerns or questions about what you
learn through 23andMe, you should contact your physician or other health care
provider. Please note that genetic risk assessment is not applicable to results
of carrier screening tests.
Genetic research is not comprehensive. While we measure many
hundreds of thousands of data points from your DNA, only a small percentage of
them are known to be related to human traits or health conditions. The research
community is rapidly learning more about genetics, and an important mission of
23andMe is to conduct and contribute to this research. In addition, many ethnic
groups are not included in genetic studies. Because interpretations provided in
our service rely on these published studies, some interpretations may not apply
to you. Future scientific research may change the interpretation of your DNA.
In the future, the scientific community may show previous research to be
incomplete or inaccurate.
Genetic Information you share with others could be used against your
You should be careful about sharing your Genetic Information with others.
Currently, very few businesses or insurance companies request genetic
information, but this could change in the future. While the Genetic Information
Nondiscrimination Act was signed into law in the United States in 2008, its
protection against discrimination by employers and health insurance companies
for employment and coverage issues has not been clearly established. In addition,
GINA does not cover life, long-term care, or disability insurance providers.
Some, but not all, states and other jurisdictions have laws that protect individuals
with regard to their Genetic Information. You may want to consult a lawyer to
understand the extent of legal protection of your Genetic Information before you
share it with anybody.
Furthermore, Genetic Information that you choose to share with your physician or
other health care provider may become part of your medical record and through
that route be accessible to other health care providers and/or insurance
companies in the future. Genetic Information that you share with family, friends
or employers may be used against your interests. Even if you share Genetic
Information that has no or limited meaning today, that information could have
greater meaning in the future as new discoveries are made. If you are asked by
an insurance company whether you have learned Genetic Information about health
conditions and you do not disclose this to them, this may be considered to be
23andMe Services are for research, informational, and educational use only.
We do not provide medical advice.
The Genetic Information provided by 23andMe is for research, informational, and
educational use only. This means two things. First, many of the genetic
discoveries that we report have not been clinically validated, and the
technology we use, which is the same technology used by the research community,
to date has not been widely used for clinical testing. Second, in order to
expand and accelerate the understanding and practical application of genetic
knowledge in health care, we invite all genotyped users to participate in
23andMe Research. Participation in such research is voluntary and based upon an
IRB-approved consent document. As a result of the current state of genetic
knowledge and understanding, our Services are for research, informational, and
educational purposes only. The Services are not intended to be used by the
customer for any diagnostic purpose and are not a substitute for professional
medical advice. You should always seek the advice of your physician or other
health care provider with any questions you may have regarding diagnosis, cure,
treatment, mitigation, or prevention of any disease or other medical condition
or impairment or the status of your health.
23andMe does not endorse, warranty or guarantee the effectiveness of any
specific course of action, resources, tests, physician or other health care
providers, drugs, biologics, medical devices or other products, procedures,
opinions, or other information that may be mentioned on our website. If we
provide to you on our website any recommendations that identify for you, based
on your Genetic and Self-Reported Information and scientific literature or
research, potentially actionable information, this information is intended for
informational purposes only and for discussion with your physician or other
healthcare provider. As explained on our website, 23andMe believes that (a)
genetics is only part of the picture of any individual's state of being, (b) the
state of the understanding of Genetic Information is rapidly evolving and at any
given time we only comprehend part of the picture of the role of genetics, and
(c) only a trained physician or other health care provider can assess your
current state of health or disease, taking into account many factors, including
in some cases your genetics as well as your current symptoms, if any. Reliance
on any information provided by 23andMe, 23andMe employees, others appearing on
our website at the invitation of 23andMe, or other visitors to our website is
solely at your own risk.
While we are licensed in California as a clinical laboratory, not all
jurisdictions require our Services to be subject to license. Therefore, we are
not universally licensed by all state, federal, or international authorities for
genetic testing conducted for health and disease-related purposes. In addition,
there are certain jurisdictions in which we do not offer our Services because we
do not have required licenses.
6. User Representations
By accessing 23andMe Services, you agree to, acknowledge, and represent as
You understand that information you learn from 23andMe is not designed to
independently diagnose, prevent, or treat any condition or disease or to
ascertain the state of your health in the absence of medical and clinical
information. You understand that the 23andMe services are intended for
research, informational, and educational purposes only, and that while
23andMe information might point to a diagnosis or to a possible treatment,
it should always be confirmed and supplemented by additional medical and
clinical testing and information. You acknowledge that 23andMe urges you to
seek the advice of your physician or other health care provider if you have
questions or concerns arising from your Genetic Information.
You give permission to 23andMe, its contractors, successors and assignees to
perform genotyping services on the DNA extracted from your saliva sample and
you specifically request 23andMe to disclose the results of analyses
performed on your DNA to you and to others you specifically authorize.
You represent that you are eighteen (18) years of age or older if you are
providing a saliva sample or accessing your Genetic Information.
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.
You agree that any saliva sample you provide and all resulting data may be
transferred and/or processed outside the country in which you reside.
You are warranting that you are not an insurance company or an employer
attempting to obtain information about an insured person or an employee.
You are aware that some of the information you receive may provoke strong
You take responsibility for all possible consequences resulting from your
sharing with others access to your Genetic Information and your
You understand that all your Personal Information will be stored in 23andMe
databases and will be processed in accordance with the 23andMe
Waiver of Property Rights: 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 23andMe or
its collaborating partners. You specifically understand that you will not
receive compensation for any research or commercial products that include or
result from your Genetic Information or Self-Reported Information.
You agree that you have the authority, under the laws of the state or
jurisdiction in which you reside, to provide these representations. In case
of breach of any one of these representations 23andMe 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 23andMe and its affiliates against any liability, costs, or
damages arising out of the breach of the representation.
7. Account Creation, Customer Account, Password, and Security Obligations
In consideration of your use of the Services, you agree to: (a) provide true,
accurate, current, and complete Registration Information about yourself as
prompted by the Service; and (b) maintain and promptly update the Registration
Information to keep it true, accurate, current, and complete. If you provide any
Registration Information that is untrue, inaccurate, not current, or incomplete,
or if 23andMe has a reasonable ground to suspect that such information is
untrue, inaccurate, not current, or incomplete, 23andMe 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). The Services are for use only in the country
to which your sample collection kit was shipped from 23andMe.
After you have purchased our Service, you will create a password and account
designation. You are responsible for maintaining the confidentiality of the
password and account, and are fully responsible for all activities that occur
under your password or account. If you allow third parties to access 23andMe's
website through your username and password, you will defend and indemnify
23andMe and its affiliates against any liability, costs, or damages, including
attorney fees, arising out of claims or suits by such third parties based upon
or relating to such access and use. You agree to (a) immediately notify 23andMe
of any unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of each
session. 23andMe cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section.
8. 23andMe Privacy Statement and Disclosure of Information
In order to use the Services, you must first acknowledge and agree to the
Privacy Statement. You may not use
the Services if you do not accept the Privacy Statement. You can acknowledge and
agree to the Privacy Statement by (1) clicking to accept or agree to the Privacy
Statement, where this option is made available to you by 23andMe for any
Service; or by (2) actually using the Services.
You acknowledge and agree that 23andMe has the right to monitor any use of its
systems by its personnel at any time and maintain copies documenting such
monitoring. Our Privacy Statement sets forth the only expectations of privacy
any individual should have in terms of usage of the 23andMe Services, website,
or other systems. If you have given consent for your Genetic Information and
Self-Reported Information to be used in 23andMe Research as described in the
applicable Consent Document, we may include your information in the Aggregated
Genetic Information and Self-Reported Information we disclose to third parties
for the purpose of publication in a peer-reviewed scientific journal. 23andMe
may also include your information in Aggregated Genetic and Self-Reported
Information disclosed to third-party non-profit and/or commercial research
partners who will not publish that information in a peer-reviewed scientific
journal. 23andMe Research may be sponsored by, conducted on behalf of, or in
collaboration with third parties, such as non-profit foundations, academic
institutions or pharmaceutical companies. 23andMe 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. 23andMe will never release your individual-level Genetic Information
and/or Self-Reported Information to any third party without asking for and
receiving your explicit consent to do so, unless required by law.
Further, you acknowledge and agree that 23andMe is free to preserve and disclose
any and all Personal 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: (a) comply with legal process (such as a
judicial proceeding, court order, or government inquiry) or obligations that
23andMe may owe pursuant to ethical and other professional rules, laws, and
regulations; (b) enforce the 23andMe TOS; (c) respond to claims that any content
violates the rights of third parties; or (d) protect the rights, property, or
personal safety of 23andMe, its employees, its users, its clients, and the
public. In such event we will notify you through the contact information you
have provided to us in advance, unless doing so would violate the law or a court
order. You understand that the technical processing and transmission of the
Services, including your Personal Information, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks, or devices. Finally, 23andMe may, in its
sole discretion, restrict access to the website for any reason.
Please refer to our Privacy Statement to read about data protection related to
your information. See our complete
Privacy Statement here.
9. Limited License
You acknowledge that all User Content, whether publicly posted or privately
transmitted, is the sole responsibility of the person from which such User
Content originated. This means that you, and not 23andMe, are entirely
responsible for all User Content that you upload, post, email, or otherwise
transmit via the Service.
You acknowledge that the Services content presented to you as part of the
Services, whether original 23andMe Services content or sponsored content within
the Services, is protected by copyright and/or other intellectual property
rights that are owned by 23andMe and/or the sponsors who provide that content to
23andMe (or by other persons or companies on their behalf). 23andMe grants you a
Limited License to copy and distribute free of charge, for non-commercial
purposes only, any of the Services content with the exception of content from
"MD's Perspectives" in the "For the Experts" section of the website and any
other content marked as not subject to this Limited License on the website,
provided you: (i) provide the Services content as it appears on the 23andMe
website with no changes including but not limited to presenting selections which
might tend to misrepresent the substance of the Services content; (ii) include
the following attribution on the first page of any materials you distribute:
© 23andMe, Inc. 2007-2017. All rights reserved; distributed pursuant to a
Limited License from 23andMe; (iii) agree you have no right to offer anyone else
any further right with respect to this Services content. Aside from the Limited
License provided in this paragraph, you may not modify, rent, lease, loan, sell,
distribute, or create derivative works based on this Services content (either in
whole or in part) unless you have been specifically told that you may do so by
23andMe or by the owners of that content, in a separate agreement.
10. Customer Conduct - Unlawful and Prohibited Use
As a condition of your use of the Services, you warrant to 23andMe 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 the 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. You may not use the Services
outside of the country to which your sample collection kit was shipped from
23andMe. Furthermore you agree not to use the Services to: (1) 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; (2) impersonate any person or entity,
including, but not limited to, anyone affiliated with 23andMe, or falsely state
or otherwise misrepresent your affiliation with a person or entity; (3) add your
own headers, forge headers, or otherwise manipulate identifiers in order to
disguise the origin of any content transmitted through the Service; (4) "stalk"
or otherwise harass another; (5) 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); (6) use any information received through the Services to
attempt to identify other customers, to contact other customers (other than through
features for contacting other users such as DNA Relatives offered pursuant to
the Services), or for any forensic use; (7) download any file posted by another
user of the Service that you know, or reasonably should know, cannot legally be
distributed in such manner; (8) upload, post, email or otherwise transmit any
content that infringes any patent, trademark, trade secret, copyright, or other
proprietary rights ("Rights") of 23andMe or any other party; (9) harm minors in
any way; (10) advertise or offer to sell or buy any goods or services for any
business purpose, unless such area specifically allows such messages; (11)
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; (12) 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; (13) 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, unless explicitly permitted by 23andMe; (14) engage in "framing,"
"mirroring," or otherwise simulating the appearance or function of 23andMe's
website; (15) attempt to or actually override any security component of 23andMe
web services; (16) interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures, policies, or
regulations of networks connected to the Service; (17) violate these Terms of
Service, any code of conduct or other guidelines which may be applicable for any
particular area of the Service or have been communicated to you by anyone
affiliated with 23andMe; or (18) 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 23andMe
has no responsibility to you or to any third party for) any breach of your
obligations under the TOS and for the consequences (including any loss or damage
which 23andMe may suffer) of any such breach. In case of breach of any one of
these agreements 23andMe 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 23andMe and its affiliates against
any liability, costs, or damages arising out of the breach of the
If you violate the terms of this Section and/or 23andMe has a reasonable ground
to suspect that you have violated the terms of this Section, 23andMe 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. Export Control and Applicable Laws and Regulations
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable content. Specifically, you
agree 1) that providing your sample is not subject to any export ban or
restriction in the country in which you reside, 2) that your sample and data may
be transferred and/or processed outside the country in which you reside, and 3)
that you will comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country from which you
access 23andMe's Services online.
12. Material Posted Through The Service
23andMe will not, at all times, control any of the User Content posted via the
Service and, as such, does not guarantee the accuracy, integrity, or quality of
such non-23andMe content. You understand that by using the Services, you may be
exposed to content that is offensive, indecent, or objectionable. Under no
circumstances will 23andMe be liable in any way for any non-23andMe content,
including, but not limited to, any errors or omissions in any such content, or
for any loss or damage of any kind incurred as a result of the use of any such
content posted, emailed, or otherwise transmitted via the Services.
You acknowledge that 23andMe and its designees shall have the right (but not the
obligation) in their sole discretion to pre-screen, review, filter, modify,
refuse, or move any content that is available via the Services. Without limiting
the foregoing, 23andMe and its designees shall have the right to remove any
content that violates the TOS or is deemed by 23andMe, in its sole discretion,
to be otherwise objectionable. You acknowledge and agree that you must evaluate,
and bear all risks associated with, the use of any content, including any
reliance on the accuracy, completeness, or usefulness of such content.
13. Material Provided to 23andMe - Your Proprietary Rights
User Content. 23andMe does not claim ownership of the User
Content you provide to 23andMe (including feedback and suggestions) or post,
upload, input, or submit to the Service. Unless otherwise specified, you retain
copyright and any other rights you already hold over User Content that you
create and submit, post, or display on or through the Services. However, by
submitting, posting, or displaying User Content, you give 23andMe, its
affiliated companies, sublicensees (including but not limited to sublicensees
who avail themselves of the Limited License granted in Section 9 above) and
successors and assigns 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 from any User Content that you submit, post, or display on or
through the Services. You acknowledge and agree that this license includes a
right for 23andMe to make such User Content available to other companies,
organizations, or individuals with whom 23andMe has relationships, and to use
such User Content in connection with the provision of those services.
You understand that 23andMe, in performing the required technical steps to
provide the Services to our users, may (a) transmit or distribute your User
Content over various public networks and in various media; and (b) make such
changes to your content as are necessary to conform and adapt that content to
the technical requirements of connecting networks, devices, services, or media.
You acknowledge and agree that this license shall permit 23andMe to take these
actions. You represent and warrant to 23andMe that you have all the rights,
power, and authority necessary to grant the above license.
Genetic and/or Self-Reported Information. Disclosure of
individual-level Genetic and/or Self-Reported Information to third parties will
not occur without explicit consent, unless required by law. Note that 23andMe
cannot control any further distribution of Genetic and/or Self-Reported
Information that you share publicly on the 23andMe website. You acknowledge and
agree that you are responsible for protecting and enforcing those rights and
that 23andMe has no obligation to do so on your behalf.
Your saliva sample, once submitted to and analyzed by us, is processed in an
irreversible manner and cannot be returned to you. See our website for more
information on sample processing. Any Genetic Information derived from your
saliva remains your information, subject to rights we retain as set forth in
these TOS. You understand that you should not expect any financial benefit from
23andMe as a result of having your Genetic Information processed; made available
to you; or, as provided in our Privacy Statement and Terms of Service, shared
with or included in Aggregated Genetic and Self-Reported Information shared with
research partners, including commercial partners.
Waiver of Property Rights. As stated above, you understand that
by providing any sample, having your Genetic Information processed, accessing
your Genetic Information, or providing Self-Reported Information, you acquire no
rights in any research or commercial products that may be developed by 23andMe
or its collaborating partners. You specifically understand that you will not
receive compensation for any research or commercial products that include or
result from your Genetic Information or Self-Reported Information.
You agree to defend and hold 23andMe, and its subsidiaries, affiliates,
officers, agents, contractors, partners, employees, successors, and assigns
harmless from any claim, or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of User Content you submit, post to, or
transmit through the Service; your use of the Service; your connection to the
Service; your violation of the TOS; or your violation of any rights of another.
If you have submitted a saliva sample or otherwise provided your own Genetic
Information, you will defend and hold harmless 23andMe, its employees,
contractors, successors, and assigns from any liability arising out of the use
or disclosure of any information obtained from genotyping your saliva sample
and/or analyzing your Genetic Information, which is disclosed to you consistent
with our Privacy Statement or results from any third-party add-ons to tools we
provide. In addition, if you choose to provide your Genetic and/or Self-Reported
Information to third parties - whether individuals to whom you facilitate
access, intentionally or inadvertently, or to third parties for diagnostic or
other purposes - you agree to defend and hold harmless 23andMe, its employees,
contractors, successors, and assigns from any and all liability arising from
such disclosure or use of your Genetic and/or Self-Reported Information.
15. No Resale of Service
Other than pursuant to the terms of the Limited License in Section 9 of this TOS
or unless otherwise agreed in a separate agreement between you and 23andMe, you
agree not to display, distribute, license, perform, publish, reproduce,
duplicate, copy, create derivative works from, modify, sell, resell, exploit,
transfer, or transmit for any commercial purposes, all or any portion of the
Service, use of the Service, or access to the Service.
16. General Practices Regarding Use and Storage
You acknowledge that 23andMe 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 23andMe'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 23andMe 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 23andMe reserves the right to change these general
practices and limits in its sole discretion.
17. Modifications to Service
23andMe reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Services (or any part thereof) with
or without notice. You acknowledge and agree that (i) modifications may result
in a delay in computations for some of the 23andMe features or Services, and
(ii) 23andMe shall not be liable to you or to any third party for any
modification, suspension, or discontinuance of the Services.
The Software that you use may from time to time automatically download and
install updates from 23andMe. These updates are designed to improve, enhance,
and further develop the Services and may take the form of bug fixes, enhanced
functions, new software modules, and completely new versions. You agree to
receive such updates (and permit 23andMe to deliver these to you) as part of
your use of the Services.
You acknowledge that 23andMe may offer different or additional technologies or
features to collect and/or interpret Genetic Information in the future and that
your initial purchase of the Service does not entitle you to any different or
additional technologies or features for collection or interpretation of your
Genetic Information without fee, and that you will have to pay additional fees
in order to have your Genetic Information collected, processed, and/or
interpreted using any future or additional technologies or features.
The TOS will continue to apply until terminated by either you or 23andMe as set
out in this Section.
If you want to terminate your legal agreement with 23andMe, you may do so by
notifying 23andMe 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 23andMe's address, which is set out at the beginning of the TOS, or
Customer Care. If you provide notice online, 23andMe 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.
23andMe may at any time, terminate its legal agreement with you (and in
conjunction therewith, your password and account(s)) if: (1) you have breached
any provision of the TOS (or have acted in manner which shows that you do not
intend to, or are unable to comply with, the provisions of the TOS); (2) 23andMe
is required to do so by law (for example, where the provision of the Services to
you is, or becomes, unlawful); (3) the partner with whom 23andMe offered the
Services to you has terminated its relationship with 23andMe or ceased to offer
the Services to you; (4) 23andMe is transitioning to no longer providing the
Services to users in the country or state in which you reside or from which you
use the Services; or (5) the provision of the Services to you by 23andMe is, in
23andMe's opinion, no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for
termination of your use of the Services may be referred to appropriate law
enforcement authorities. You acknowledge and agree that 23andMe shall not be
liable to you or any third party for any termination of your access to the
19. Survival of Terms
When the TOS come to an end, all of the legal rights, obligations, and
liabilities that you and 23andMe have benefited from, been subject to (or which
have accrued over time while the TOS have been in force) or which are expressed
to continue indefinitely, shall be unaffected by this cessation, and the
provisions of sections 1.(Definitions); 2.(Acceptance of Terms);
3.(Prerequisites); 4.(Description of the Services); 5.(Risks and Considerations
Regarding 23andMe Services); 6.(User Representations); 7.(Account Creation,
Customer Account, Password and Security Obligations); 8.(23andMe Privacy
Statement and Disclosure of Information); 10.(Customer Conduct - Unlawful and
Prohibited Use); 11.(Export Control and Applicable Laws and Regulations);
12.(Material Posted through the Service); 13.(Material Provided to 23andMe -
Your Proprietary Rights); 14.(Indemnity); 15.(No Resale of Services);
18.(Termination); 19.(Survival of Terms); 20.(Dealings with Information
Providers and Listed Resources); 21.(Hyperlinks and 23andMe Website);
22.(23andMe Proprietary Rights); 23.(DISCLAIMER OF WARRANTIES); 24.(LIMITATION
OF LIABILITY); 25.(Notice); 27.(Violation or Suspected Violation of Terms of
Service); and 28.(Miscellaneous) shall continue to apply to such rights,
obligations, and liabilities indefinitely.
20. Dealings with Information Providers and Listed Resources
Your correspondence or business dealings with-or participation in promotions
of-information providers, vendors, and/or resources found on or through the
Service, including payment and delivery of related goods or services, and any
other terms, conditions, warranties, or representations associated with such
dealings, are solely between you and such information provider or resource. You
acknowledge and agree that 23andMe 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.
21. Hyperlinks and the 23andMe Website
The Service provides, and third parties may provide, links to other sites and
resources on the Internet. Because 23andMe has no control over such sites and
resources, you acknowledge and agree that 23andMe is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that 23andMe shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods, or services
available on or through any such hyperlinked site or resource.
22. 23andMe's Proprietary Rights
You acknowledge and agree that 23andMe (or 23andMe's licensors, as applicable)
own all legal right, title, and interest in and to the Services, including any
intellectual property rights (including but not limited to patents) which
subsist in the Services (whether those rights happen to be registered or not,
and wherever in the world those rights may exist). You further acknowledge that
the Services may contain information which is designated confidential by 23andMe
and that you shall not disclose such information without 23andMe's prior written
You further acknowledge and agree that the Services and any necessary software
used in connection with the Services ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that information presented to
you through the Services or sponsors is protected by copyrights, trademarks,
service marks, patents, or other proprietary rights and laws. Except as
expressly authorized by 23andMe, you agree not to-and not to permit anyone else
to-modify, rent, lease, loan, sell, distribute, or create derivative works of,
reverse engineer, decompile, or otherwise attempt to extract the source code of
the Services or Software or any part thereof, in whole or in part. Software, if
any, that is made available to download from the Services, excluding software
that may be made available by end-users through the Services, is the copyrighted
work of 23andMe and/or its suppliers. Your use of the Software is governed by
the terms of the end user license agreement, if any, which accompanies or is
included with the Software ("License Agreement"). You may not install or use any
Software that is accompanied by or includes a License Agreement unless you first
agree to the License Agreement terms.
23andMe, Inc., 23andMe, and other 23andMe logos and product and service names
are trademarks of 23andMe and these marks together with any other 23andMe trade
names, service marks, logos, domain names, and other distinctive brand features
are the "23andMe Marks". Unless you have agreed otherwise in
writing with 23andMe, other than through the Limited License in Section 9,
nothing in the TOS gives you a right to use any 23andMe Marks and you agree not
to display, or use in any manner, 23andMe Marks.
You agree that you shall not remove, obscure, or alter any proprietary rights
notices (including copyright and trade mark notices) that may be affixed to or
contained within the Services.
Unless you have been expressly authorized to do so in writing by 23andMe, you
agree that in using the Services, you will not use any trade mark, service mark,
trade name, logo of any company or organization in a way that is likely or
intended to cause confusion about the owner or authorized user of such marks,
names, or logos.
For any Software not accompanied by a License Agreement, 23andMe grants you a
personal, non-transferable, and non-exclusive right and license to use the
object code of its Software on a single computer. You may not (and may not allow
any third party to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble, or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in, or otherwise transfer any right in the
Software unless this is expressly permitted or required by law, or unless you
have been specifically told that you may do so by 23andMe, in writing. This
license is for the sole purpose of enabling you to use and enjoy the benefit of
the Services as provided by 23andMe, in the manner permitted by the TOS. Unless
23andMe has given you specific written permission to do so, you may not assign
(or grant a sublicense of) your rights to use the Software, grant a security
interest in or over your rights to use the Software, or otherwise transfer any
part of your rights to use the Software. You agree not to modify the Software in
any manner or form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access to the
Service. You agree not to access the Service by any means other than through
the interface that is provided by 23andMe for use in accessing the Service. Any
rights not expressly granted herein are reserved.
23. Disclaimer of Warranties
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. 23ANDME 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)
23ANDME 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 23ANDME 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. 23ANDME DOES NOT CONTROL OR ENDORSE ANY
ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE,
23ANDME SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS
RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
24. Limitation of Liability
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT 23ANDME 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 23ANDME 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, (v) 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.
Notices to you may be made via either email or regular mail. 23andMe may also
provide notices of changes to the TOS or other matters by displaying notices or
links to notices to you generally on or through the Services.
Official notices related to this TOS must be sent to us at:
ATTN: Chief Legal and Regulatory Officer
899 West Evelyn Ave.
Mountain View, CA 94041
Additionally, 23andMe accepts service of process at this address. Any notices
that you provide without compliance with this section on Notices shall have no
26. Changes to the Terms of Service
23andMe may make changes to the TOS from time to time. When these changes are
made, 23andMe will make a new copy of the TOS available on its website and any
new additional terms will be made available to you from within, or through, the
You acknowledge and agree that if you use the Services after the date on which
the TOS have changed, 23andMe will treat your use as acceptance of the updated
27. Violation or Suspected Violation of Terms of Service
If you violate the terms of these TOS and/or 23andMe has a reasonable ground to
suspect that you have violated the terms of these TOS, 23andMe 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).
Entire Agreement. The TOS constitute the entire agreement
between you and 23andMe and govern your use of the Services, superseding any
prior agreements between you and 23andMe on this subject. You also may be
subject to additional terms and conditions that may apply when you use
affiliate services, third-party content, or third-party software
Applicable law and arbitration. Except for any disputes
relating to intellectual property rights, obligations, or any infringement
claims, any disputes with 23andMe arising out of or relating to the
Agreement ("Disputes") shall be governed by California law
regardless of your country of origin or where you access 23andMe, and
notwithstanding of any conflicts of law principles and the United Nations
Convention for the International Sale of Goods. Any Disputes shall be
resolved by final and binding arbitration under the rules and auspices of
the American Arbitration Association, to be held in San Francisco,
California, in English, with a written decision stating legal reasoning
issued by the arbitrator(s) at either party's request, and with arbitration
costs and reasonable documented attorneys' costs of both parties to be borne
by the party that ultimately loses. Either party may obtain injunctive
relief (preliminary or permanent) and orders to compel arbitration or
enforce arbitral awards in any court of competent jurisdiction.
Waiver. The failure of 23andMe to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force and
Term for cause of action. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of
or related to use of the Services or the TOS must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
Admissibility of printed version. A printed version of this
agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in
Section titles. The section titles in the TOS are for
convenience only and have no legal or contractual effect.
Severability Clause. If any portion of these TOS is found
to be unenforceable, the remaining portion will remain in full force and
Amendments. We reserve the right to modify, supplement or
replace the terms of the Agreement, effective upon posting at
notifying you otherwise. If you do not want to agree to changes to the
Agreement, you can terminate the Agreement at any time per Section 18
Assignment: You may not assign or delegate any rights or
obligations under the Agreement. Any purported assignment and delegation
shall be ineffective. We may freely assign or delegate all rights and
obligations under the Agreement, fully or partially without notice to you.
We may also substitute, by way of unilateral novation, effective upon notice
to you, 23andMe for any third party that assumes our rights and obligations
under this Agreement.
*23andMe data on file.