Terms & Conditions
Terms and Conditions of Service
Emet Genetics Limited
1. Legal Identity and Acceptance
1.1 EmetDNA is a trading name of Emet Genetics Limited, a company incorporated and registered in England and Wales (the “Company”).
1.2 The Company is independent and is not affiliated with, endorsed by, or connected to any third-party genetic testing provider.
1.3 These Terms form a legally binding agreement between you and the Company.
1.4 By uploading data, purchasing a report, or accessing the Services, you expressly accept these Terms in full.
1.5 If you do not agree, you must not use the Services.
2. Eligibility and Authority
2.1 You must be at least 18 years old.
2.2 You warrant that:
-
a) You are legally competent to enter into binding contracts;
-
b) You are the data subject or have obtained explicit written consent from the data subject;
-
c) You have full authority to submit the genomic data.
2.3 You indemnify the Company against any claim arising from lack of authority or consent.
3. Nature and Scope of Services
3.1 The Services consist solely of educational, informational, and lifestyle-related analysis of user-supplied genomic data.
3.2 The Services:
-
a) Are not medical advice;
-
b) Are not clinical services;
-
c) Are not diagnostic tools;
-
d) Do not constitute healthcare;
-
e) Do not establish any professional, fiduciary, or advisory relationship.
3.3 The outputs are algorithmic interpretations based on current scientific literature, which is subject to change.
3.4 You acknowledge that genetic science is probabilistic, incomplete, and evolving.
4. Express User Acknowledgements
You expressly acknowledge and agree that:
-
4.1 Results may be inaccurate, incomplete, outdated, or later contradicted by scientific advances.
-
4.2 The Company makes no representation regarding medical validity, predictive certainty, or fitness for any particular purpose.
-
4.3 You will not rely on the Services as a substitute for professional advice.
-
4.4 Any health, supplement, diet, training, or lifestyle decision you make is entirely at your own risk.
-
4.5 You assume full responsibility for all consequences arising from your use of the Services.
5. No Warranties
5.1 To the maximum extent permitted by law, the Services are provided on an “as is” and “as available” basis.
5.2 The Company disclaims all implied warranties, including:
-
a) Fitness for purpose
-
b) Merchantability
-
c) Non-infringement
-
d) Accuracy
-
e) Continuous availability
5.3 The Company does not warrant that:
-
a) The platform will be uninterrupted;
-
b) The Services will be error-free;
-
c) Any identified genetic markers are clinically actionable;
-
d) Reports will meet your expectations.
Nothing in this clause excludes statutory rights that cannot legally be excluded.
6. Data Processing and Security
6.1 The Company processes personal data in accordance with UK data protection law.
6.2 You consent to processing, storage, and transfer of your data to third-party processors, including those outside the United Kingdom, subject to lawful safeguards.
6.3 You acknowledge that electronic transmission and cloud storage involve inherent risks.
6.4 The Company shall not be liable for unauthorized access, cyber-attack, data interception, or loss unless directly caused by its gross negligence or willful misconduct.
6.5 The Company’s obligation in respect of any breach shall be limited to statutory notification requirements.
7. Third-Party Services
7.1 The Services may rely on third-party infrastructure, analytics engines, and storage providers.
7.2 The Company is not responsible for the acts, omissions, downtime, security failures, or insolvency of third parties.
7.3 Where legally permissible, the Company may assign to you any rights it has against a third-party processor in respect of your data.
7.4 Following such assignment, you shall pursue remedies directly against the relevant third party.
8. Limitation of Liability
8.1 Nothing in these Terms limits liability for:
-
a) Death or personal injury caused by negligence;
-
b) Fraud or fraudulent misrepresentation;
-
c) Any liability that cannot be excluded under English law.
8.2 Subject to clause 8.1, the Company’s total aggregate liability arising out of or in connection with the Services shall be strictly limited to the amount you paid for the specific Service giving rise to the claim.
8.3 The Company shall not be liable for:
-
a) Indirect or consequential loss;
-
b) Loss of profits, business, opportunity, or goodwill;
-
c) Psychological distress;
-
d) Loss arising from third-party misuse of your data;
-
e) Regulatory, insurance, or employment consequences;
-
f) Decisions made based on the Services.
8.4 Liability is excluded whether arising in contract, tort including negligence, breach of statutory duty, or otherwise.
9. Indemnity
9.1 You agree to fully indemnify, defend, and hold harmless the Company, its directors, officers, contractors, and affiliates from and against any and all claims, losses, liabilities, damages, costs, and expenses arising out of:
-
a) Your use of the Services;
-
b) Your breach of these Terms;
-
c) Your submission of data without lawful authority;
-
d) Any claim by a third party relating to the data you submitted.
10. Refund Policy
10.1 Due to the personalized and digital nature of the Services, you expressly consent to immediate commencement of performance.
10.2 Once processing has begun, you waive any statutory cooling-off rights to the extent permitted by law.
10.3 No refunds shall be issued once analysis has commenced.
11. Intellectual Property
11.1 All intellectual property rights in methodologies, frameworks, scoring systems, reports, branding, and content remain the exclusive property of the Company.
11.2 You receive a limited, non-transferable, non-exclusive license for personal use only.
11.3 Commercial use, reproduction, reverse engineering, or redistribution is strictly prohibited.
12. Regulatory Position
12.1 The Services are not intended to fall within the definition of a regulated medical device under UK law.
12.2 You agree not to represent the Services as clinical, diagnostic, or medical.
12.3 You acknowledge that you are purchasing a lifestyle-informational product.
13. Termination
13.1 The Company may suspend or terminate access without notice if you breach these Terms.
13.2 Clauses relating to liability, indemnity, intellectual property, and jurisdiction survive termination indefinitely.
14. Entire Agreement and Severability
14.1 These Terms constitute the entire agreement between the parties.
14.2 If any provision is held unenforceable, the remaining provisions remain in full force.
15. Governing Law and Jurisdiction
15.1 These Terms are governed by the laws of England and Wales.
15.2 The courts of England and Wales shall have exclusive jurisdiction.
16. Dispute Resolution, Arbitration and Class Action Waiver
16.1 Good Faith Resolution
Before commencing formal proceedings, the parties agree to attempt to resolve any dispute, claim, or controversy arising out of or in connection with these Terms or the Services through good faith negotiations. You must notify the Company in writing with full details of the claim and allow at least 30 days for resolution.
16.2 Binding Arbitration
Subject to clause 16.6, any dispute, claim, or controversy arising out of or relating to these Terms, including any question regarding its existence, validity, or termination, shall be finally resolved by binding arbitration.
16.3 The arbitration shall:
-
a) Be conducted under the Rules of the London Court of International Arbitration (LCIA);
-
b) Be seated in London, England;
-
c) Be conducted in the English language;
-
d) Be determined by a single arbitrator.
16.4 The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration clause.
16.5 The arbitral award shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
16.6 Exception for UK Consumers
If you are a consumer resident in the United Kingdom, nothing in this clause prevents you from bringing proceedings in the courts of England and Wales where mandatory consumer protection legislation prohibits binding arbitration. This clause shall be interpreted to the maximum extent enforceable under applicable law.
16.7 Class Action Waiver
To the fullest extent permitted by law:
-
a) All claims must be brought in an individual capacity;
-
b) You waive any right to bring or participate in any class action, collective action, representative action, or group litigation;
-
c) You agree not to combine your claim with that of any other person.
16.8 The arbitrator shall have no authority to consolidate claims or to conduct proceedings on a class, collective, or representative basis.
16.9 If the class action waiver is found unenforceable in relation to a particular claim, that claim shall proceed exclusively in the courts of England and Wales and not in arbitration.
16.10 Costs
Each party shall bear its own legal costs, except as otherwise determined by the arbitrator in accordance with applicable rules.
