Hi, welcome to the DNApal Terms & Conditions of Service. Please read and accept before you buy anything through our website or mobile application and check that they contain everything you want and nothing that you are not willing to agree to. If you do not agree, you should not use our Service.

If you have questions or concerns, please feel free to email us at: hello@dnapal.me

Please read the following important terms and conditions before you buy anything on our website or mobile app and check that they contain everything you want and nothing that you are not willing to agree to.

Summary of some of your key consumer rights:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree the services will start within this time, you may be charged for what you’ve used.

The Consumer Rights Act 2015 says:

You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;

if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;

if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.

Important information on downloading costs and ‘bill shock’:

When you buy your digital content it will download automatically onto your computer or device. Please check the file size of your digital content carefully as using too much data might mean that you exceed your data limit on your mobile phone and you could face paying more than you were expecting, particularly if you are using your mobile phone abroad.

In this contract:

‘we’, ‘us’ or ‘our’ means DNApal.me Ltd (DNApal); and

‘you’ or ‘your’ means the person using our site to buy services from us

Introduction:

DNApal.me Ltd. (DNApal) is registered at The 1929 Building, Merton Abbey Mills, 18 Watermill Way, London, UK, SW19 2RD. UK Company Registration Number: 12055354

This contract is only available in English. No other languages will apply to this contract.

To use any DNApal service, you must first agree to the following Terms and Conditions (Terms) and extra terms which may add to, or replace some of, this contract. This may happen for [insert the relevant, eg security, legal or regulatory reasons]. We will contact you to let you know if we intend to do this by giving you one month’s notice.

This document affects your rights and obligations and is a legal contract. By using any DNApal service you are indicating that you have read, acknowledge, and agree to the below policies, terms, and conditions set forth in their entirety without limitation or qualification. If you buy services on our site or via our application, you agree to be legally bound by this contract. If you do not agree to these Terms, please do not use any DNApal service.

1. INFORMATION WE GIVE TO YOU

By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please contact us using the contract details at the top of these terms.

The key information we give you by law forms part of this contract (as though it is set out in full here).

If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

2. OUR PRODUCT

DNApal is primarily a mobile application, including all of its features and content (this “Application”) and is provided and made available by DNApal.me Ltd. All content, information and Services provided on or through this Application (“Content”) may be used solely under the following Terms.

All information and advice provided is not intended for diagnostic or treatment purposes and should not be used as a substitute for professional medical advice. If you have any concerns about your health, please consult a qualified health professional.

We have used our best efforts in preparing this content but make no representation or warranties with respect to the accuracy, applicability, fitness or completeness of the contents.

DNApal shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of our material, which is provided “as is” and without warranties.

3. DEFINITIONS

a) “Genetic Information” means genetic and biological health information, including information regarding your genetic profile generated by third parties and shared with Application. This information is used solely by DNApal for the purpose of generating appropriate health, wellbeing and lifestyle information based on scientific evidence and clinical experience and for no other purpose. We do not store or sell DNA samples.

b) “Personal Information” means information that is about you as an identifiable individual, such as personal health information or other personal information as defined by applicable laws and regulations (as amended or replaced from time to time) protecting the privacy of Personal Information in the jurisdictions in which we operate and in which you reside.

c) “Services” means DNApal’s products, software, services, mobile application, DNA testing, reporting, recommendations and consultations with our expert teams, and website (including text, graphics, images, and other material and information) as accessed by you from time to time.

d) “User” means you, the person making use of Service and whose information we process as a result.

4. ACCEPTANCE OF TERMS

Your use of DNApal’s Services is subject to the terms defined in these Terms. These Terms apply to any use of DNApal’s Services, including:

a) Submitting a saliva sample for DNA extraction and analysis.

b) Registering with and using DNApal for the purposes of interpreting existing Genetic Information from a third party; and/or

c) Receiving the interpretation of the analysed data and information on Our Application.

5. ORDERING FROM US

Below, we set out how a legally binding contract between you and us is made.

a) You place an order for the DNA test on our website or via our mobile application. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.

b) At the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.

c) We may contact you to say that we do not accept your order. This is typically for the following reasons:

we cannot carry out the services (this may be because, for example, we have a shortage of staff);

we cannot authorise your payment;

you are not allowed to buy the services from us;

we are not allowed to sell the services to you; or

there has been a mistake on the pricing or description of the services

We do not operate in your Country

d) We will only accept your order when we email you to confirm (Confirmation Email) that your DNA kit has been shipped. At this point:

a legally binding contract will be in place between you and us; and

we will dispatch the DNA Testing Kit to you, as explained during the online checkout process.

e) In respect of the DNApal application, downloading our app can be done free of charge. You will receive the following information for free of charge:

Diet Advice

Stress Advice

Sleep Advice

If you would like to access the full app features including additional advice available:

Immunity

Fitness

Heart Health

Hormone Health (Male or Female Hormone Health)

1 x Personalised Meal Plan

We offer a full subscription on the app with access to these advanced features for an additional annual fee of £99.99.

f) If you are under the age of 18 you may not buy services from the s You may not be able to buy certain services because you are too young. A legal guardian or parent may order on behalf of a person under 18.

6. DELIVERY

a) We use Royal Mail to deliver the DNA testing kit within the UK. Outbound and return postage is included in the price of the DNA test.

b) We do deliver to some Countries outside of the UK on a case-by-case basis. We use a courier partner for this and you will be given the option at checkout to select delivery options and charges.

c) The estimated date for delivery of the DNA testing kit is set out in the confirmation email

d) If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.

e) Delivery will take place at the address specified by you when you placed your order with us

f) We cannot deliver the goods if we are unable to properly identify you. Please provide a valid form of ID if requested.

g) Unless you and we agree otherwise, if we cannot deliver your DNA testing kit within 10 days of the of your confirmation email, we will:

Let you know

Cancel your order; and

give you a refund

h) If nobody is available to take delivery, please contact us using the contact details at the bottom of this page

i) You are responsible for the DNA testing kit once it has been delivered to the address specified by you when you placed your order with us. In other words, the risk in the DNA testing Kit passes to you when you, or a third party notified by you, takes possession of the DNA testing kit.

7. DESCRIPTION OF SERVICE

a) This Service includes access to DNApal’s health, nutritional and wellbeing information and recommendations based on our analysis of your Genetic Information and other Personal Information you provide to us based on a saliva sample or the electronic transmission of your Genetic Information from a third party. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to these Terms. You acknowledge and agree that the Service, Application and Content is provided “AS-IS”, and is based on the current genetic research and technology in use by DNApal at the time of your use of the Service. As research progresses in the future and scientific knowledge and technology evolve, DNApal will be constantly innovating in order to provide the best possible experience for you and its users.

b) When using any Service offered by DNApal, you shall be subject to any guidelines or rules applicable to such Service that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. DNApal also may offer other programs and services from time to time that are governed by different agreements or Terms.

c) You acknowledge and agree that the form and nature of the Service which DNApal provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that DNApal may stop (permanently or temporarily) providing some of the Service (or any features within the Service) to you or to users generally at DNApal’s sole discretion, with prior notice to you.

d) You have the right to stop using our Services at any time without any need to notify us unless you request to close and delete your account.

e) OURSERVICE, APPLICATION AND CONTENT ARE FOR INFORMATIONAL AND MOTIVATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE AND SHOULD NOT BE RELIED UPON AS SUCH. DNApal is not a regulated health services provider and does not assume any fiduciary or similar obligations to you as a result of you using the Service. DNApal is not a trustee of your Genetic Information or other Personal Information. The Service and the Content is not intended to be used by you for any diagnostic purposes and is not a substitute for professional medical advice and you should seek the advice of your physician or other health care provider with any questions you may have regarding the Content and Service.

f) Although DNApal makes every effort to ensure that the Application and Content are accurate, complete, and up-to-date, DNApal does not provide any warranty, express or implied, of the accuracy or completeness of any of the Content. DNApal shall not be liable in any manner or to any extent for any direct, indirect, special, incidental, or consequential damages, losses or expenses arising out of the use of the Application or the Service. Your use of the Service, Application, Content or materials linked from this Application is at your own risk.

g) We receive from your DNA test, only a small selection of genetic variants (SNPs) specifically associated with health and wellness The scientific community is still learning about genetics, and one of our goals is to contribute to showing that nutrigenetic interventions help to improve health. Additionally, the effect of geneticvariants may differ in different ethnic groups, or are not considered in specific genetic studies. Similarly, scientific studies are sometimes focused solely on one gender. We endeavour to select and report the most well-researched genetic variants backed up by robust and diverse studies but these are not always available. Future genetic studies may change how specific genetic variants and their effects are reported by DNApal.

h) While every effort is made by our team of genetic and nutrition experts to report and give effective, accurate advice and recommendations based on current research, DNApal does not guarantee the effectiveness of any specificcourse of action, procedures, opinions, or other information given on Our Site and Application.

i) Our Service is initially only available in the UK. For users outside the UK, please contact us directly to see if we are able to offer our Services in your country.

8. NATURE OF THE DNA TESTING KIT

a) The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The DNA Testing Kit that we provide to you must be as described, fit for purpose and of satisfactory quality.

b) We are under a legal duty to supply you with goods that are in conformity with this contract.

c) The packaging of the goods may be different from that shown on the site.

d) While we try to make sure that:

all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small differences in such weights, sizes and measurements; and

the colours of our goods are displayed accurately on the site, the actual colours that you see on your device may vary depending on the device that you use.

e) Samples must be returned to us within 6 months from the original order date. Samples received after this time will not be processed. You will need to order another kit.

9. FAULTY GOODS

a) Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

contact us using the contact details at the top of this page; or

visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.

b) Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

c) If your goods are faulty, please contact us using the contact details at the top of this page.

10. PERMISSION TO USE THE DIGITAL CONTENT

a) When you buy the digital content and it is downloaded, you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this contract. This licence will be non-exclusive, non-transferable, revocable and limited to your use only.

b) The digital content:

is personal to you. You can use it wherever you want in the world but only if you comply with local laws;

is non-exclusive to you. We may supply the same or similar digital content to other users;

may not be:

copied by you except for a reasonable number of necessary back-ups;

changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);

combined or merged with, or used in, any other computer program; or

distributed or sold by you to any third party;

includes a guide on how to use it. Please read this carefully.

contains information which is owned by us and/or third parties. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.

c) Except where you have permission to use the digital content under this clause, you will not obtain any rights of ownership or other rights (of whatever nature) in the digital content or in any copies of it.

d) DNA Pal may terminate this licence at any time for any reason.

11. DOWNLOAD

a) Once you have chosen to download our mobile application and submitted the required information (DNA + personal data) your personalised content will be generated

b) If something happens which is outside of our control and affects your ability to access the digital content, we will let you know when you can expect to be able to download the digital

c) If we do not contact you, please let us know of any issues via the contact information above

d) If your device blocks the automatic download of the digital content or the automatic download does not start, you may still have the right to cancel the contract. If this happens, please contact us using the contact details at the top of this page.

12. NATURE OF THE DIGITAL CONTENT

a) The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The digital content that we provide to you must be as described, fit for purpose and of satisfactory quality.

b) We are under a legal duty to supply digital content that is in conformity with this contract.

c) When we supply the digital content:

we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;

we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our site; and

you acknowledge that there may be minor errors or bugs in it.

13. FAULTY DIGITAL CONTENT

a) Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

contact us using the contact details at the top of this page; or

visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.

b) Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

c) If your digital content is faulty, please contact us using the contact details at the top of this page.

d) To avoid faults in the digital content, you must:

install any fixes, updates, upgrades, new releases and new versions as soon as reasonably possible after we tell you that they are available to be downloaded;

use it only on the recommended third party software and equipment set out in the guide to its use or on our site.

14. PAYMENT

a) We accept the following credit cards and debit cards: Visa, Mastercard and American Express, and Apple Pay. We do not accept cash or cheques.

b) We will do all that we reasonably can to ensure that all of the information you give us when paying for the digital content is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

c) Your credit card or debit card will only be charged once the Confirmation Email has been sent to you, at which point the download of the digital content starts automatically.

d) All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps.

e) All prices are in pounds sterling (£)(GBP).

f) We use Stripe SDK as a third party tool to process payments via our e-commerce platform. Please refer to their Privacy Policy to see how they handle data. Your telephone number, bank account or credit card details, and relevant information that you have already input into the application will be passed to Strike SDK, in order to take payment from you.

15. LIMITATIONS ON USE

a) The Content on this Application is for your personal use only and not for commercial exploitation. To the extent this Application provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorised to make purchases on behalf of such group.

b) You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sub-licence, or create derivative works from this Application, the Content or Service. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Application or the Content without DNApal’s prior written permission. You may not use this Application to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial purposes all or any portion of this Application or the Service, except to the extent permitted above. You may not use or otherwise export or re-export this Application or any portion thereof, or the Content. Any unauthorised use of this Application or its Content is prohibited.

c) You agree not to use the Service to:

i) upload, post or share any material that is obscene, offensive, or that is discriminatory based on race, colour, origin, sexual orientation, gender, age pr other status;

ii) impersonate another person

iii) add your own text or manipulate identifiers to disguise the origin of any content that is shared through our Service

iv) upload, post or share any content that cannot betransmitted under any law;

v) use information that you receive through the Service to identify or contact other customers (except when using features designed to connect users)

vi) advertise, buy or sell any goods orservices, unless DNApal allows you specifically to do so

vii) upload, post or share any information that contains viruses or any other codes, files or programs used to destroy or limit the functionality of a computer or hardware equipment;

viii) use software, devices or services to interact with the Services or DNApal’s servers unless explicitly permitted by DNApal;

ix) engage in “framing” or simulating the function of Our Site;

x) override, or attempt to override, security components in DNApal’s web services;

xi) interfere or disrupt the Services, networks, or Users that are connected to the Services, or disobey any requirements, policies, or regulations of networks that are connected to the Service;

xii) violate the Terms of Service, codes of conducts, or any other applicable guidelines that apply to the area of Service or have been communicated to you by anyone from DNApal; or

xiii) violate any municipal, provincial, national or international law, or any regulations within the law.

16. REGISTRATION AND USER ACCOUNT

a) This Application requires you to register an account with us. You agree to provide accurate and complete registration information. It is your responsibility to inform us of any changes to that information.

b) You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account. If you allow third parties to access the Application through your username and password, you will defend and indemnify DNApal and its affiliates against any liability, costs, or damages, including legal fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to immediately notify DNApal of any unauthorised use of your password or account or any other breach of sec DNApal cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

c) If you believe there has been unauthorised use of your account, you must notify us immediately by emailing: hello@dnapal.me.

d) You will be required to upload / link relevant DNA results before we can provide any service to you.

e) You will be required to provide answers to our lifestyle questionnaire before we can provide any service to you.

17. LINKED SITES AND THIRD PARTY COMMUNICATIONS

a) Any links provided on this Application to third party websites are provided solely for your convenience. The operation and content of such third party websites is beyond DNApal’s control. DNApal does not endorse in any manner whatsoever or accept any responsibility for the content or other material that may be contained on such websites, the use of such websites, or any products or services advertised on or sold through any such website.

b) DNApal disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. DNApal assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications.

18. INTELLECTUAL PROPERTY (IP) RIGHTS

a) Except as expressly provided in these Terms, nothing in these Terms shall be interpreted as conferring on you or any third party any licence or right, by implication or otherwise, under any law (whether common law or statutory law), rule or regulation, including those related to copyright or other intellectual property rights. You agree that the Content, the Application, and any and all other materials published or otherwise accessible through the Application are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

b) You represent and warrant that any material submitted to or posted on this Application: (i) are your original works or that the owner of such works has expressly granted to DNApal a perpetual worldwide royalty-free, irrevocable, non-exclusive licence for said works with all of the rights granted by you in these Terms of Use; (ii) do not violate and will not violate the rights of any third party including any right of publicity, right of privacy, copyright, patent or other intellectual property right or any other proprietary right; and (iii) that you have obtained any and all consents required pursuant to any applicable privacy legislation to submit any Personal Information about another individual or third party to us.

19. RISKS, CONSIDERATIONS AND PREREQUISITES

a) Users who provide Genetic Information must be at least 18 years of age, and lawfully able to use the Service under their country of

b) Limitations of Genetic Information.Genetic Information is subject to significant limitations, information provided by DNApal, our employees, and others appearing on Our Site at your own risk.

c) We analyse only a smallselection of genetic information from your saliva sample. The GeneticInformation we analyse is specifically associated with health and wellbeing traits and is only one aspect of an individual’s entire health, wellbeing and fitness outlook and should not be assumed to be conclusive.

20. PRIVACY STATEMENT

a) In order to use the Service and the Application, you must first agree to our Privacy Policy which can be accessed on our website. You may not use the Service if you do not accept the Privacy Statement. You can acknowledge and agree to the Privacy Statement by (i) clicking to accept or agree to the Privacy Policy, where this option is made available to you by DNApal.me; or by (ii) using the Application.

b) Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

21. USER REPRESENTATION AND WARRANTIES

By using this Application and Service, you agree to, acknowledge, represent and warrant as follows:

i) you grant permission to DNApal, its contractors, successors and assignees to read and analyse genotype data acquired from your genetic test file and results, and you specifically request DNApal to provide health, nutritional and wellness information and recommendationsto you based on the results of analyses performed by DNApal;

ii) you are over 18;

iii) you have provided true, accurate, current, and complete registration information about yourself as prompted by the Service, and will maintain and promptly update such information to keep it true, accurate, current and complete

iv) you are not a person barred from receiving the Service under the laws of the jurisdiction in which you are resident or from which you use the Service

v) you understand that the Content is not designed to independently diagnose, prevent, or treat any medical condition or to ascertain the state of your health in the absence of medical and clinical information and an express statement to that effect. You understand that the Service is intended for motivational, informational, and educational purposes only, and that, while DNApal information might point to a certain course of action, any such course of action should always be confirmed and supplemented by the advice of a health care provider and medical and clinical testing and information. You acknowledge that DNApal urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from the Service, the Content, your Genetic Information or other Personal Information;

vi) any Genetic Information and other Personal Information provided by you or a third party is your Genetic Information or, if you are submitting Genetic Information and other Personal Information for another person, you represent and warrant that you have legal authorisation to do so and that the Genetic Information and other Personal Information is of that other person;

vii) any Genetic Information and other Personal Information (including results from analysis of such Personal Information) may be transferred and/or processed outside of your jurisdiction;

viii) you are not an insurance company or an employer attempting to obtain information about an insured person or a current or prospective employee;

ix) you acknowledge that personal genome testing, analysis and related research is a developing field, and while DNApal endeavours to remain current with the interpretation of DNA and genomics, the results of any genetic analysis may be incorrect, incomplete, misleading or inconclusive and DNApal will not be liable for any errors, omissions or mistakes made by your third party genetic testing provider;

x) you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use, which includes:

xi) using any information received through the Service to attempt to identify other customers, to contact other customers, or for any forensic use;

xii) causing harm to any third party;

xiii) attempting to or actually overriding any security component of the Service; and

xiv) violating the terms of these Terms of Use or any related agreement, applicable law, or any regulations having the force of law.

xv) In case of a breach of any one of these representations and warranties, DNApal has the right to suspend or terminate your subscription to the Service and refuse any and all current or future use of the Service (or any portion thereof), and you will defend and indemnify DNApal and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

22. DISCLAIMER

TO USE THIS SERVICE YOU ACKNOWLEDGE AND AGREE THAT:

1) You use this service at your own risk. THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS. DNApal DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING THE MERCHANTABILITY WARRANTIES.

2) DNApal MAKES NO WARRANTY THAT:

a) THE SERVICES WILL NOT BE INTERRUPTED, OR ERROR_FREE;

b) THE RESULTS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE AND RELIABLE;

c) ERRORS IN THE SOFTWARE WILL BE CORRECTED.

3) ANY MATERIAL THAT IS DOWNLOADED OR OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE ASSOCIATED WITH YOUR COMPUTER OR ANY LOSS OF DATA THAT MIGHT RESULTS FROM DATA DOWNLOAD.

4) NO ADVICE (ORAL OR WRITTEN) OBTAINED FROM DNApal OR THROUGH THE SERVICES SHOULD CREATE A WARRANTY THAT IS NOT EXPLICITLY EXPRESSED IN THE TERMS.

23. LIABILITY LIMITATION

a) Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

losses that were not foreseeable to you and us when the contract was formed;

losses that were not caused by any breach on our part (for example the use or inability to use the services);

losses resulting from any action taken based on information received from the services provided, save for any aspects of the information which we have confirmed to be reliable for such purposes. This is limited to the extent we can reasonably assess the accuracy of the information;

losses resulting from your failure to keep your account and passwords confidential and secure;

losses resulting from using prohibited access to data or alteration of your data transmissions;

losses resulting from improper authorisation for the services by someone claiming to have authority from you;

business losses; or

losses to non-consumers.

b) Subject to clause a), DNApal’s liability shall not exceed the fees paid by the Customer for the DNA Testing Kit and subscription paid to DNApal.me.

24. INDEMNIFICATION

You agree to defend and hold DNApal, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of these Terms of Use, or your violation of any rights of any other person.

25. NO RESALE OF SERVICE

Other than pursuant to the terms of these Terms, or unless otherwise agreed in a separate written agreement signed by both you and DNApal, you agree not to act as a reseller or distributor of the Service or 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.

26. MODIFICATION OF SERVICE

a) DNApal reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with notice. You acknowledge and agree that DNApal shall not be liable to you or to any third party for any delay, modification, suspension, or discontinuance of the Service.

b) DNApal may offer different or additional technologies or features to collect and/or interpret Genetic Information in the future and that your initial use of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Genetic Information without paying any applicable fees.

27. THIRD PARTY RIGHTS

No one other than a party to this contract has any right to enforce any term of this contract. DNApal’s officers, directors, employees, agents, licensors, and suppliers to the Application shall have the right to assert and enforce provisions regarding disclaimers, liability limitation and indemnification directly against you.

28. UNLAWFUL ACTIVITY

DNApal reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

29. REMEDIES FOR VIOLATIONS

DNApal reserves the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular internet address to this Application and any other DNApal websites, Application and/or their features.

30. RIGHT TO CANCEL

a) When you place an order for a subscription for full access to the Application, you confirm that you consent for the digital content including additional DNA insights and advice and a meal plan on the Application to start immediately after your order has been accepted and that you acknowledge that this means you lose your right to cancel.

b) When you place an order for a DNA test kit, you will lose your right to cancel the contract once the DNA swab has been used. If the DNA swab has NOT been used, you will be able to arrange to send the DNA kit back to us within 14 days, and you will receive a refund of the of the cost price, less any additional postage where relevant.

c) This means that you do not have the right to cancel this contract once the automatic download of the digital content starts on the Application and are not entitled to a refund unless the digital content is faulty.

d) This does not affect the rights you have if your digital content is faulty. A summary of these rights is provided at the top of this page.

31. TERMINATION OF SERVICE

a) Without limiting its other remedies, DNApal may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the licence granted under these Terms and the Service provided to you if, in DNApal’s absolute and sole discretion, you fail to comply with any terms or conditions of these Terms.

b) If you cancel the contract in respect of the DNA Testing Kit, provided that the DNA swab is unused, we will reimburse you for the payment of the DNA Testing Kit, less the original cost of post and If the DNA is used, we will not be able to reimburse you for the cost of the DNA testing kit as we will no longer be able to use it.

c) If the DNA Testing Kit is still unused, we will make the reimbursement without undue delay, and not later than 14 days after receipt of the sealed DNA Testing Kit.

d) We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

e) If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

32. PROCESSING OF PERSONAL DATA

Definitions

a) In this clause:

applicable law means applicable law of the United Kingdom (or a part of the United Kingdom);

Controller, Data Subject, International Organisation, Personal Data, Personal Data Breach, Processor and processing shall have the respective meanings given to them in applicable Data Protection Laws from time to time (and related expressions, including process, processed, and processes shall be construed accordingly);

Data Protection Laws means all applicable law relating to the processing, privacy and/or use of Personal Data, as applicable to either party or the Services, including:

the GDPR;

the Data Protection Act 2018;

any laws which implement any such laws;

any laws that replace, extend, re-enact, consolidate or amend any of the foregoing; and

all guidance, guidelines and codes of practice issued by any relevant Data Protection Supervisory Authority relating to such Data Protection Laws (in each case whether or not legally binding);

Data Protection Supervisory Authority means any regulator, authority or body responsible for administering Data Protection Laws;

GDPR means the General Data Protection Regulation, Regulation (EU) 2016/679, as it forms part of domestic law in the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 (including as further amended or modified by the laws of the United Kingdom or of a part of the United Kingdom from time to time);

Processing End Date means, in respect of any Protected Data, the earlier of:

the end of the provision of the relevant Services related to the processing of such Protected Data; or

once processing by the Supplier of such Protected Data is no longer required for the purpose of the Supplier’s performance of its relevant obligations under this Agreement;

Protected Data means Personal Data received from or on behalf of the Customer, or otherwise obtained in connection with the performance of the Supplier’s obligations under this Agreement; and

Sub-Processor means any Processor engaged by the Supplier (or by any other Sub-Processor) for carrying out any processing activities in respect of the Protected Data.

Compliance with Data Protection Laws

a) The parties agree that the Customer is a Controller and that DNApal is a Processor for the purposes of processing Protected Data pursuant to this Agreement. DNApal shall, and shall ensure the Sub-Processors and each of the Supplier Personnel shall, at all times comply with all Data Protection Laws in connection with the processing of Protected Data and the provision of the Services and shall not by any act or omission cause the Customer (or any other person) to be in breach of any of the Data Protection Laws. Nothing in this Agreement relieves DNApal of any responsibilities or liabilities under Data Protection Laws.

Instructions

a) DNApal shall only process (and shall ensure Supplier Personnel only process) the Protected Data in accordance with the Schedule, this Agreement and the Customer’s instructions from time to time (including with regard to any transfer except where otherwise required by applicable law (and in such a case shall inform the Customer of that legal requirement before processing, unless applicable law prevents it doing so on important grounds of public interest). DNApal shall immediately inform the Customer if any instruction relating to the Protected Data infringes or may infringe any Data Protection Law. DNApal shall retain records of all instructions relating to the Protected Data received from the Customer.

Security

a) DNApal shall at all times implement and maintain appropriate technical and organisational measures to protect Protected Data against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or access. Such technical and organisational measures shall be at least equivalent to the technical and organisational measures set out in Part B of the Schedule and shall reflect the nature of the Protected Data.

b) During the period in which DNApal processes any Protected Data, it shall undertake a documented assessment at least every [12] months of whether the security measures implemented comply.

c) Except as agreed by the parties by way of a binding variation of this Agreement, DNApal may not make any change to the security measures it applies to the Protected Data from time to time to the extent any such change would conflict with the provisions of this Agreement.

Sub-processing and personnel

a) DNApal shall:

Not permit any processing of Protected Data by any agent, sub-contractor or other third party (except its own employees that are subject to an enforceable obligation of confidence with regards to the Protected Data) without the prior specific written authorisation of that Sub-Processor by the Customer that takes effect by way of a binding variation to this Agreement and only then subject to such conditions as the Customer may require;

ensure that access to Protected Data is limited to the authorised persons who need access to it to supply the Services;

prior to the relevant Sub-Processor carrying out any processing activities in respect of the Protected Data, appoint each Sub-Processor under a binding written contract containing the same obligations in respect of Protected Data that (without prejudice to, or limitation of, the above):

includes providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing of the Protected Data will meet the requirements of all Data Protection Laws; and

is enforceable by DNApal, and ensure each such Sub-Processor complies with all such obligations;

remain fully liable to the Customer under this Agreement for all the acts and omissions of each Sub-Processor and each of the Supplier Personnel as if they were its own; and

ensure that all persons authorised by DNApal or any Sub-Processor to process Protected Data are reliable and:

adequately trained on compliance with this clause 1 as applicable to the processing;

informed of the confidential nature of the Protected Data and that they must not disclose Protected Data;

subject to a binding and enforceable written contractual obligation to keep the Protected Data confidential; and

provide relevant details and a copy of each agreement with a Sub-Processor to the Customer on request.

Assistance

a) DNApal shall (at its own cost and expense) promptly:

provide such information and assistance (including by taking all appropriate technical and organisational measures) as the Customer may require in relation to the fulfilment of the Customer’s obligations to respond to requests for exercising the Data Subjects’ rights under Chapter III of the GDPR (and any similar obligations under applicable Data Protection Laws); and

provide such information, co-operation and other assistance to the Customer as the Customer[ reasonably] requires (taking into account the nature of processing and the information available to the Supplier) to ensure compliance with the Customer’s obligations under Data Protection Laws, including with respect to:

security of processing (including with any review of security measures);

data protection impact assessments (as such term is defined in Data Protection Laws);

prior consultation with a Data Protection Supervisory Authority regarding high risk processing; and

any remedial action and/or notifications in response to any Personal Data Breach and/or any complaint or request relating to either party’s obligations under Data Protection Laws relevant to this Agreement, including (subject in each case to the Customer’s prior written authorisation) regarding any notification of the Personal Data Breach to Supervisory Authorities and/or communication to any affected Data Subjects.

b) DNApal shall (at no cost to the Customer) record and refer all requests and communications received from Data Subjects or any Data Protection Supervisory Authority to the Customer which relate (or which may relate) to any Protected Data promptly (and in any event within [three days] of receipt) and shall not respond to any without the Customer’s express written approval and strictly in accordance with the Customer’s instructions unless and to the extent required by applicable law.

International transfers

a) DNApal shall not process and/or transfer, or otherwise directly or indirectly disclose, any Protected Data in or to any country or territory outside the United Kingdom or to any International Organisation without the prior written authorisation of the Customer (which may be refused or granted subject to such conditions as the Customer deems necessary).

Records and audit

a) DNApal shall (and shall ensure all Sub-Processors shall) promptly make available to the Customer (at the Supplier’s cost) such information as is reasonably required to demonstrate the DNApal’s and the Customer’s compliance with their respective obligations under this clause and the Data Protection Laws, and allow for, permit and contribute to audits, including inspections, by the Customer (or another auditor mandated by the Customer) for this purpose at the Customer’s request from time to time. DNApal shall provide (or procure) access to all relevant premises, systems, personnel and records during normal business hours for the purposes of each such audit or inspection upon reasonable prior notice (not being more than 10 Business Days) and provide and procure all further reasonable co-operation, access and assistance in relation to any such audit or inspection.

Breach

a) DNApal shall promptly (and in any event within 48 hours):

notify the Customer if it (or any of the Sub-Processors or the Supplier Personnel) suspects or becomes aware of any suspected, actual or threatened occurrence of any Personal Data Breach in respect of any Protected Data; and

provide all information as the Customer requires to report the circumstances referred to in clause 1.15.1 to a Data Protection Supervisory Authority and to notify affected Data Subjects under Data Protection Laws.

Deletion/return

a) DNApal shall (and shall ensure that each of the Sub-Processors and Supplier Personnel shall) within not less than 2 Business Days and not more than 5 Business Days of the relevant Processing End Date securely delete the Protected Data (and all copies) except to the extent that storage of any such data is required by applicable law (and, if so, DNApal shall inform the Customer of any such requirement and shall securely delete such data as soon as it is permitted to do so under applicable law).

b) DNApal shall (and shall ensure that each of the Sub-Processors and Supplier Personnel shall) promptly comply with any requests from the Customer for the secure return or transfer to the Customer of any Protected Data in such form and by such manner as the Customer reasonably requests, provided such request is received within 2 Business Days of the relevant Processing End Date.

c) Within 2 Business Days of the date for performance of any obligation, DNApal shall notify the Customer in writing:

with confirmation of the extent to which it has complied with all obligations under clause 1.16 to delete Protected Data;

if applicable, of the full details of any failure to comply with any obligation under clause 1.16 (in which case the Supplier shall notify the Customer immediately once this has been corrected); and

if applicable, of the full details of any Protected Data that continues to be stored as required by applicable law (together with confirmation of the relevant law(s)).

Survival

This clause shall survive termination or expiry of this Agreement for any reason.

Rights of Data Subjects

Nothing in this Agreement affects the rights of Data Subjects under Data Protection Laws (including those in Articles 79 and 82 of the GDPR or in any similar Data Protection Laws) against the Customer, DNApal or any Sub-Processor.

The Schedule

Data protection

Part A: Data processing details

Processing of the Protected Data by DNApal under this Agreement shall be for the subject-matter, duration, nature and purposes and involve the types of Personal Data and categories of Data Subjects set out in this Part A.

Subject-matter of processing:

GENETIC INFORMATION: your genetic information obtained from a buccal (cheek) swab via a DNApal DNA test or from raw data provided by you from a test done with another third party DNA testing provider supported by our app.

CONTACT DETAILS: such as your name, address, telephone number and email address.

SELF-REPORTED PERSONAL, HEALTH & LIFESTYLE DATA: such as current diet, stress, sleep, weight, medical and family history, goals, smoking, drinking, ethnicity and gender.

BANKING DETAILS: your bank account or credit card details

Nature and duration of the processing:

GENETIC INFORMATION

To provide motivational, inspirational and educational information to support better diet and lifestyle habits

DNA swabs are sent to our ISO-accredited partner laboratory

Processing of DNA buccal swabs takes 10 working days from when the sample reaches our lab. The physical DNA samples are destroyed after processing.

Once results are ready, users are informed via the Application and email. Processing of results into the Application should take less than 10 minutes.

We hold the raw data anonymously (only identified by a unique barcode ID) on a secure server. This is so that we can provide you with updated advice on an ongoing basis as your self-reported health and lifestyle data changes or as we add new DNA insights.

You can request for us to delete this data and your user profile at any time. NOTE: you will not be able to continue to use our services after this.

CONTACT DETAILS:

For the purpose of delivering your DNA test and for keeping you informed of this process. This typically takes no more than 3 working days.

For the purpose of informing you when your DNA results are ready. This usually takes 3 – 6 weeks after we receive your DNA sample and only 10 minutes for users who submit 3rd party raw data

For communicating with you regarding any new features, updates to the service, these Terms and Privacy Policy

If you sign-up to our newsletter, to provide you with monthly health information, recipes and content

For processing purchases / payments

SELF-REPORTED PERSONAL, HEALTH & LIFESTYLE DATA:

This information is captured in-app and is assessed electronically by our system alongside your DNA data to deliver information and advice personalised to you

The information is stored securely with no human interaction

You will not receive advice through the application until you have provided this information via the “Lifestyle Consult” in the application

You can edit or update this information at any time in the profile section of the application. This may change the advice we deliver to you via the application

BANKING DETAILS:

In order to process payments, subscriptions and in-app purchases we may need to collecting bank account or credit card details from you

This may be for purchasing a DNA test, a subscription (which will renew annually), or make a purchase for a single item such as a meal plan in-app.

We use Stripe SDK as a third party tool to process payments via our e-commerce platform. Please refer to their Privacy Policy to see how they handle data. Your telephone number, bank account or credit card details, and relevant information that you have already input into the application will be passed to Strike SDK, in order to take payment from you.

Part B: Minimum technical and organisational security measures

Without prejudice to its other obligations, DNApal shall implement and maintain at least the following technical and organisational security measures to protect the Protected Data:

In accordance with the Data Protection Laws, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing of the Protected Data to be carried out under or in connection with this Agreement, as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons and the risks that are presented by the processing, especially from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to the Protected Data transmitted, stored or otherwise processed, DNApal shall implement appropriate technical and organisational security measures appropriate to the risk, including as appropriate those matters mentioned in Articles 32(1)(a) to 32(1)(d) (inclusive) of the

Without prejudice to its other obligations, DNApal shall ensure that the Data Processor is required to enter a password each time they use the Application to ensure the data is kept safe.

All data is stored on secure AWS S3 servers. The servers have no human interface and are only accessed via API. The Data is stored anonymously using a unique barcode ID number and no personal names.

We follow the AWS S3 guidelines of best practices stipulated here: https://docs.aws.amazon.com/AmazonS3/latest/userguide/security-best-practices.html

33. ADDITIONAL ITEMS

a) Entire Agreement. These Terms shall constitute the entire agreement between you and DNApal and supersedes all prior agreements and understandings oral or written relating to the subject matter hereof. 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.

b) Force Any delay or failure to perform any provision of these Terms by DNApal as result of circumstances beyond its control (including, without limitation, war, strikes, flood, governmental restrictions, power, telecommunications or Internet failures, or damage to or destruction of any network facilities) shall not be deemed to be a breach of these Terms of Use.

c) Severability of Provisions. These Terms incorporate by reference any notices contained on this Application, the Privacy Policy and constitute the entire agreement with respect to access to and use of this Application. If any provision of these Terms is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

d) W The failure of DNApal to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 these Terms remain in full force and effect.

e) Governing Laws and Jurisdiction. These Terms are governed by and construed in accordance with the laws of the United Kingdom and any action arising out of or relating to these Terms shall be filed only in the UK and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

f) Modification to Terms. DNApal reserves the right to change these Terms at any time. Updated versions of the Terms will appear on this Application and are effective immediately. You are responsible for regularly reviewing the Terms. Continued use of this Application after any such changes constitutes your consent to such changes.

g) 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 Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

h) Headings. Headings and section titles in these Terms are for convenience only and have no legal or contractual effect.

i) Assignment.You may not assign or delegate any rights or obligations under these Terms. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, DNApal for any third party that assumes our rights and obligations under these Terms.

34. CONTACT

If you have any questions about the practices of this Application or DNApal.me Ltd., please contact us by mail at DNApal Ltd.The 1929 Building, Merton Abbey Mills, 18 Watermill Way, London, UK, SW19 2RD or email hello@dnapal.me.