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Terms of Service

Welcome to Genaty,

Operated by Planaletix LLC alongside its affiliates and in partnership with our collaborators and partners, Genaty spans across all subdomains of genaty.ai and includes all related web and mobile web applications (hereafter referred to as the “Website,” “Site,” or “Platform”). We are committed to guiding you through the exploration of your genetic makeup in an accessible manner. By visiting http://www.Genaty.ai and utilizing our services and applications, you accept our Terms of Service, so we encourage you to review them attentively.

Genaty's vision is to create an environment that allows for seamless exploration of your genetic identity, enables easy discovery of insights into your genes and lifestyle, and fosters connections with others on comparable journeys. Leveraging AI technology, our tools are crafted to identify genetic variations of importance to you, providing valuable insights and suggesting possible actions in response to these genetic insights. The analysis of genetic data files is essential to offer these services, unveiling information that is both immensely advantageous and intrinsically personal.

“Genaty” encompasses Planaletix LLC and its related entities, presenting a wide array of content, functionalities, products, and services through both our website and the Genaty app, collectively known as the "Services." Our offerings range from various products and software solutions to consultations and digital content platforms. These services are accessible regardless of whether they are accessed via a registered account or not.

These Terms of Service apply to all users of the Site, including, but not limited to, browsers, vendors, customers, merchants, and content contributors. By engaging with the Site, you affirm that you have fully understood and accepted these Terms of Service and any outlined policies without any limitations or reservations. Moreover, you verify your capability to use the Site's services or make purchases.

  1. Services Use Requirements

By utilizing our Services, you affirm that you (i) have reached the legal age required to enter into a binding contract with Genaty and consent to these Terms of Service, and (ii) are not prohibited by any laws from using our Services or receiving them in your jurisdiction. Creating a Genaty account or purchasing our products requires you to be at least 18 years old. Access to or use of our Services is not permitted if these conditions are not met.

  1. Additional Terms

The use of our Services is governed by additional terms, policies, or guidelines that we may post or link to on the Site, including but not limited to Genaty’s Privacy Policy and Platform Consent. All such applicable terms, policies and rules are considered part of these Terms of Service and incorporated by reference.

  1. Description of Services

Our Services provide various features and functionalities for genetic interpretation, including:

a. Uploading a Genotype File.
Genaty securely stores the DNA data you upload, known as the “Genotype File,” upon your acceptance of these Terms of Service. Your consent to upload data signifies your agreement with Genaty’s Privacy Policy and Platform Consent, ensuring compliance with relevant data privacy laws. Our Privacy Policy outlines your privacy rights, which may vary based on your location, nationality, and residency. For details on your data protection rights under these Terms, please contact our Privacy Team at security@Genaty.ai.

 

b. Genaty Platform.

This platform offers insights (“Genaty Insights”) about you or others based on the genetic information you provide to us. By uploading your Genetic Information to our platform you are authorizing us  to use, interpret your and deliver your Genetic Information as per our Privacy Policy to provide you a customized experience of our services and products  (“Genaty Products”). Genaty Products are made by Genaty and use a portion of your Genetic Information to offer a specific Genaty Product or Service to you. The Genaty Platform provides you with tailored results based on the genotype file you choose to use.

c. Genaty Account. 

Genaty provides you access to a software platform via a https://Genaty.ai account (the “Genaty Account”). Your Genaty Account allows you to manage your Genetic Information, your Genaty Insights, the Genaty Products you purchased, and other account settings. If you subscribe as an ‘Individual’ user then you will be limited to a single genotype file upload.

Genaty Services include, but are not limited to, utilities (tools within the website that perform specific functions relating to processing your genetic and lab test data and presenting results) for interpreting your Genetic Information. These are not guaranteed to be accurate and may be discontinued at any time. Services also include a community platform for forum-based discussion where you can share information related to the findings we made based on your Genetic Information. This community platform may be canceled at any time.

Services are offered to you via a subscription membership with either a yearly, monthly, or one-time fee determined by the subscription package you choose. Subscriptions cannot be placed on hold. We may provide a free trial and demo version for those who wish to try the site before purchasing or uploading their Genotype File. Please see the Renewals, Cancellations, and Refund Policy below for more information. 

Genaty reserves the right to terminate your membership for any reason. Nothing in the Services provided under the subscription membership model grants you a perpetual license. However, you will continue to have access to any and all privacy rights you are entitled to as per our Privacy Policy after the termination of your membership for any reason. Your membership is only a subscription where you must pay an ongoing subscription fee to have up-to-date access to the Service or new membership offerings. 

Genaty conducts DNA extraction, sequencing, and analysis upon receiving your sample. We might engage third-party labs for some processes, with the possibility of re-submission if the sample is inadequate due to insufficient DNA or contamination.

Your sample collection kit may be Genaty-branded even when such a third party will be doing DNA extraction, sequencing, or data analysis. By returning a sample kit, you acknowledge and agree that Genaty may provide the sample to such third parties for DNA extraction, sequencing, or data analysis.

  1. Changes to these Terms of Service and the Services

We reserve the right to modify these Terms of Service at any time, with updates posted directly on our Site. Such changes become effective immediately upon posting and will apply to all subsequent use of the Services. By continuing to use the Services after these changes are posted, you accept the updated Terms of Service.

We also retain the discretion to modify, suspend, or discontinue any part of the Services without prior notice. Genaty is not responsible for any service interruptions, regardless of duration.

  1. Registering for and Accessing the Services

Eligibility to Use the Services. Unregistered guests, free registered guests, paid subscribers, and people who purchase and/or activate a DNA kit are all “Users” under these Terms. Users are subject to Genaty’s Terms of Use,  Privacy Policy, and Platform Consent requirements. Users must create an account to use the Services. You must provide accurate, complete and current information when you register.

For full access to our Services’ features and functions, a Genaty Account must be established with necessary details provided by you, such as your name, email address, date of birth, and genotype file for insights. Purchasing our products additionally requires payment and shipping information.

By registering, you certify that your information is complete and accurate. You consent to our use of your information in accordance with our policies, applicable laws, and regulations. Service use requires internet access, and you are responsible for any associated costs and ensuring that users on your network adhere to these Terms.

Your account’s security is paramount. Keep your password confidential, promptly report unauthorized access, and ensure secure log-off after sessions, especially on shared or public devices. We are authorized to verify your identity for account access.

Payment for services requires a valid credit card or online payment method, for which you must be authorized. You are liable for all charges and taxes incurred, except those on Genaty income. We retain the right to manage orders and adjust prices and service availability, ensuring that subscription terms remain honored during their duration.

Violations of these Terms may lead to account suspension or termination at our discretion.

  1. Uploading Your Genotype File

To upload your genotype file for use with the Genaty Platform, you must have a genotype file from previous sequencing through a third party. When you upload your genotype file, you agree to the following:

  • You are uploading your genotype file or a file for someone from whom you have obtained prior written consent for each of the uses we make of that information to provide our Products, and that you are legally authorized to act as per our Privacy Policy. 

  • You confirm that you are at least 18 years old, or you are submitting a file on behalf of someone for whom you have the legal authority to do so, and that individual has given explicit consent for the utilization of their Genetic Information in alignment with our Terms of Use and Privacy Policy.

  • You allow Genaty to perform analyses on the genotype file you provide to generate Genetic Information. You allow Genaty to collect, process and store the Genetic Information in accordance with these Terms of Service, our Privacy Policy and Platform Consent.

  • You understand that health-related interpretations are for information purposes only and not intended to diagnose or treat diseases. You should consult a physician, genetic counselor, or qualified health professional before acting on any interpretation. Genaty may provide a consultation as part of our service and/or products.

  1. Purchases Using the Genaty Platform

The Genaty Platform provides a venue for you to receive personalized information or purchase Genaty Products based on your Genetic Information.

You agree to pay for all Genaty Products you purchase, including any taxes, VATs and fees that apply. Prices listed in the Genaty Platform may change at any time. We do not provide price protections or refunds on previous purchases in the event of a Genaty Product price reduction or promotion.

Genaty does not submit or process insurance paperwork or claims for the Services. We do not expect the Services to be covered by any health insurance policy nor guarantee that the fees charged for any Service will be reimbursed by any insurance provider.

When you purchase a Genaty Product, Genaty will use the Genetic Information requested for purposes of the Genaty Product, as per our Privacy Policy. This is typically the smallest amount of data required to offer the Genaty Product. We may offer you related product and service purchases within our Genaty Product, or we may offer you an opportunity to purchase a subscription for products or services. Such additional purchases are at your option.

a. Service Fees. 

Upon creating an account, you gain access to exclusive rights and benefits which are strictly personal and cannot be transferred. All transactions are processed in US Dollars, though for convenience and promotional reasons, we might display prices in your local currency. Please note, Genaty isn't liable for any fees related to currency conversion or transactions imposed by your payment provider. Our fees are determined by our agreement with you, which may be formalized either through a separate contract or during the online checkout process. We reserve the authority to modify service prices at any time, with changes affecting you only upon the renewal of your current subscription period. You're obligated to cover all applicable sales and use taxes related to the services purchased. Should your payment be delayed or if we're unable to process your payment method, we may suspend or terminate your account and access to our services.

b. Renewals, Cancellations, And Refund Policy.

Subscriptions

i. Automatic Renewals. 

Subscriptions automatically renew to ensure an uninterrupted service. This means that once you become a subscribing member, your subscription will automatically renew based on the subscription you chose (e.g. annually, monthly, etc.) unless you cancel by following the instructions in this agreement. 

UNLESS YOU NOTIFY US AT LEAST 30 CALENDAR DAYS PRIOR TO THE END OF THE CURRENT SUBSCRIPTION PERIOD THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. AUTO-RENEWED SUBSCRIPTIONS WILL NOT BE REFUNDED.

Please ensure that your billing information is correct to prevent your subscription from lapsing. If you discontinue an old Subscription plan no longer offered by stopping its renewal, or allowing it to expire, you are not guaranteed to be able to purchase it again at the same price in the future. Prices and terms for subscriptions may change at any time. The price and terms in place when you made your initial purchase or when your subscription last renewed will stay in effect for the duration of that subscription period, but new prices and terms may apply to renewals or new subscriptions. Genaty will give you reasonable notice of any change in price or terms before they go into effect. If you do not want to renew your subscription under these new prices or terms, you may cancel your subscription as described below.

In order to participate in the Program, your Membership Fee payments will be charged to your credit card on a recurring basis. You hereby agree to allow Genaty to securely store your credit / debit card information (the “Payment Method”). You authorize the Payment Method to be used automatically for your payment responsibilities to Genaty. If a credit card account is being used for a transaction, Genaty may obtain pre approval for an amount up to the amount of the payment. If you want to designate a different payment method or if there is a change in your Payment Method information, you can change the information with Genaty. This may temporarily delay your ability to make online payments while Genaty verifies the new payment information. You represent and warrant that: (1) any credit / debit card information you supply is true, correct and complete, (2) charges you incur will be honored by your credit/debit card company, (3) you will pay the charges incurred in the amounts posted, including any applicable taxes, and (4) you are authorized to make a purchase or other transaction with the relevant credit / debit card and information. You agree and authorize the Payment Method to be billed automatically in accordance with the Membership Fee Payment Schedule in an amount equal to the Membership Fee in effect for your Membership Term.

If Genaty is unable to secure funds from your debit / credit card(s) for any reason, including, but not limited to, insufficient funds in the debit / credit card or insufficient or inaccurate information provided by you when submitting electronic payment, Genaty may undertake further collection action, including application of penalty charges to the extent permitted by law.

ii. Subscription Cancellations and Refunds. 

To cancel your subscription, in your Genaty account go to My Account > Manage Subscriptions > Cancel My Subscription.

Genaty values the satisfaction of its customers and offers a thirty (30) day money back guarantee. If you are not satisfied with your subscription, you may request a full refund by contacting Customer Support (support@Genaty.ai) within thirty (30) days of the initial purchase date of the subscription.

After the initial thirty (30) calendar days, subscriptions are not eligible for refund. Refunds will also be refused to subscribers who have uploaded their genotype to Genaty and have accessed the site. If you have questions about your refund eligibility and amount, please contact Customer Support (support@Genaty.ai)

All refunds will be reimbursed to the original payment method with which the purchase was made. Please allow a reasonable time for the refund to be credited to your account.

You may discontinue use of the Services at any time. You also have the right to close your Genaty Account at any time through your Genaty Account settings. In keeping with our Privacy Policy, [review, link to be updated] even if you close your account, you will be able to exercise all your rights and privileges under our Privacy Policy . We cannot restore access to your Genaty Account after it has been closed, but you will be able to exercise any of your rights by contacting our Privacy Team at security@Genaty.ai

If you violate these Terms of Service, Genaty has the right to terminate your access to all or part of the Services.

Taxes and Fees: Genaty is not responsible for your failure to timely cancel your subscription renewal, nor for any credit card charges and fees you incur as a result of your failure to timely cancel a renewal. You will be responsible for all taxes and fees charged by other companies such as shipping, mobile carrier fees, data plan charges, overdraft fees, credit card fees, and foreign transaction fees.

DNA Testing Kits

i. Canceling Laboratory Processing.

You may cancel the laboratory processing of your DNA kit by contacting our Customer Support. When you contact Customer Support you will need to provide the barcode that was included in your DNA test kit. We recommend you store the code in a safe place. Your sample will get destroyed automatically one year after it was collected. 

You cannot cancel the laboratory processing of your DNA kit after it has been received by the lab.

Genaty does not store your genetic data alongside any personal identification. If you choose to cancel your subscription you will have the opportunity to request a deletion of all your data at cancellation.

ii. Refund Eligibility.

You can request a refund for DNA Kit purchases within 14 days from the date of purchase, provided that the sample collection kit remains unactivated and is returned in its original state. Refunds will be issued after subtracting shipping and handling costs (if any) and a cancellation fee of US $50. This fee may be converted into an alternative currency selected by us or the currency used for the original payment, based on the current exchange rate. The amount includes VAT and any relevant taxes.

iii. Replacement Testing Kits.

Should you require a replacement DNA testing kit, you may email Customer Support (support@Genaty.ai) and provide the same information that you provided when you ordered your DNA Kit. Replacement kits are $25 per kit (plus applicable shipping and handling).

DNA Kit + Health Insights Plan

i. Refund Eligibility.

The DNA Kit + Health Insights Plan is not eligible for refunds.

DNA Kit + Premium Insights Plan

i. Refund Eligibility.

The DNA Kit + Premium Insights Plan is not eligible for refunds.

DNA Kit + Health & Ancestry Insights

i. Refund Eligibility.

The DNA Kit + Health & Ancestry Insights is not eligible for refunds.

Ancestry Reports

i. Refund Eligibility.

Ancestry Reports are not eligible for refunds.

Disease Reports + Consultation Package

i. Refund Eligibility.

A refund may be requested on the Disease Reports + Consultation Package within 30 days of purchase if the consultation has not yet been completed. There are no refunds after the Disease Consultation has been completed.

Consultations

i. Refund Eligibility.

A refund may be requested on consultation purchases within 30 days of purchase if the consultation has not yet been completed. There are no refunds after the consultation has been completed. Monthly Consultation Subscription renewals are non-refundable.

c. Gift and Offer Codes.   

From time to time, Genaty may offer gift codes, offer codes or other promotional codes to qualified customers through a variety of marketing activities and communications (collectively, “offer codes”). These offer codes are redeemable towards a purchase on www.Genaty.ai, subject to certain product exclusions or any other restrictions as may be determined and communicated by Genaty at its sole discretion. Only valid offer codes provided or promoted by Genaty will be honored at checkout. Codes that are supplied or promoted by third parties without Genaty’s authorization will not be considered valid. Offer codes may not be combined and customers are limited to the use of a single offer code per order. Genaty is not responsible for lost, stolen or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent, and no substitutions or credits are allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the purchased products or services is returned. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged, or expired, and where prohibited.

d. Spokespersons.

From time to time, Genaty may engage spokesperson, influencers, bloggers or other individuals or entities who have been compensated or incentivized to speak on behalf of the Genaty brand. When you receive an offer code from a third-party source, such as a television or radio show host, or a social media account, please note that such individuals or organizations may have been compensated by Genaty for their statements or representations.

e. Lab Test Analyzer and Lab Sales.

All information contained on the Site is provided for information and educational purposes only and is not intended to be a substitute for a physician’s consultation. Lab test services are offered for wellness monitoring purposes only. The tests listed in or on this website are NOT intended to diagnose, treat, or cure disease. Genaty gives no warranty that any lab test will prevent disease.

Individuals with medical conditions or any condition needing medical supervision assume full responsibility for obtaining professional medical assistance. You should consult a licensed and experienced health-care practitioner regarding any symptoms, abnormal health screens or medical conditions.

A lab test only constitutes a partial evaluation of an individual’s state of health and does not represent a diagnosis or recommendation. Each test, and its result, is provided for informational purposes only and is not a substitute for the care, medical advice or treatment provided by your physician; each test has benefits, risks, limitations, false positives and negatives and accuracy is not guaranteed; tests and test results are best interpreted in the context of your overall clinical evaluation with a physician.

Genaty collaborates with licensed and CAP-accredited laboratories for testing through API. Should your results be delayed, please reach out to our customer service. We will coordinate with the Lab Testing API to address and resolve any concerns you might encounter.

f. Consent

I give my permission for Genaty and its partnered laboratories, including their staff, agents, and the healthcare professionals they work with, to use and share my health information for the purposes outlined below. This consent covers all information provided by me or about me, with my authorization, including lab test results and other related health data.

This consent allows my information to be shared with:

  1. Genaty and its affiliates along with their personnel;

  2. The partnered laboratories and their respective staff;

  3. Healthcare providers associated with the analysis and interpretation of my tests, as well as their representatives;

  4. Other necessary entities involved in the provision, treatment, and operations of healthcare services, as legally allowed or required.

The objectives for sharing this information include: (a) Facilitating and executing the services I have requested or consented to, such as processing lab requests and delivering test results; (b) Providing me with healthcare services, including treatment and billing; (c) Offering me information on health alternatives, services, or products that could aid my wellness and care; (d) Conducting research or statistical studies as allowed by law. I acknowledge that compensation may be involved for these disclosures.

I can opt-out of having my information disclosed for specific purposes by notifying Genaty or its partnered entities in writing, understanding that this may influence the services I have chosen to receive.

This authorization is my informed agreement to the release of my health information as described, effective immediately, and will remain in effect for ten years from its date. I reserve the right to view or copy this authorized information as per legal allowances.

I acknowledge my right to receive a copy of this authorization and to withdraw my consent at any point by written notification, though this will not affect information already used or shared based on this consent.

For any revocations of this authorization, I will direct my written notice to the contact provided by Genaty, primarily through support@genaty.ai, acknowledging that specific contact details for direct revocation to partnered entities may be provided by Genaty upon request.

 

  1. User Information and Content

Genaty does not claim ownership of any content that you personally create or submit as part of the Services, including without limitation photos, any comments in forums, status updates posted to your profile page, or other information that you submit (collectively, “User Content”). However, by submitting, posting, or displaying your personal content, you give Genaty, its affiliated companies, certain vendors, sub-licensees and successors a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works of your User Content.

Subject to the limitations set forth in our Privacy Policy, any questions, comments, suggestions, reviews, or other information about our products or services submitted to us through the Site or otherwise (“Feedback”) will be deemed non-confidential and non-proprietary. We will be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation or compensation to you or others.

You understand that we do not control, and are not responsible for, Feedback made available through the Site and that by using the Site, you may be exposed to Feedback that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. We expressly disclaim any liability for such Feedback. In that regard, you agree that you must evaluate, and bear all risks associated with, the use of any Feedback, that you may not rely on said Feedback, and that under no circumstances will we be liable in any way for any Feedback or for any loss or damage of any kind incurred as a result of your use of any Feedback posted, emailed or otherwise made available on the Site. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse, delete, or move any Feedback on the Site for any reason.

Disclosure of individual-level Genetic Information and/or Self-Reported Information to third parties will not occur without your express consent and pursuant to the terms of our Privacy Policy. Please note that Genaty cannot control any further distribution of Genetic Information and/or Self-Reported Information that you share publicly on the website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that Genaty has no obligation to do so on your behalf once you have made such information public.

You acknowledge and agree that Genaty has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Policy set forth the expectations of privacy any individual should have in terms of usage of the Genaty Services, website, or other systems. If you have given consent for your Genetic Information and Self-Reported Information to be used in Genaty Research as described in the Informed Consent form and our Privacy Policy, you are also providing consent for us to share your anonymized information in the Aggregated Genetic Information and Self-Reported Information with other third parties providers which may result in publication of such information in a peer-reviewed scientific journal. We may also include your information in Aggregated Genetic Information and Self-Reported Information disclosed to third-party non-profit and/or commercial research partners who may or may not publish that information in a peer-reviewed scientific journal. Genaty Research may be sponsored by, conducted on behalf of, or in collaboration with third parties, such as non-profit foundations, academic institutions or healthcare providers. Genaty Research may study a specific group or population, identify potential areas or targets for therapeutics development, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on genetic research initiatives, or otherwise create, commercialize, and apply this new knowledge to improve health care. We strictly adhere to data privacy law and will never release your individual-level Genetic Information and/or Self-Reported Information to any third party without asking for and receiving your consent to do so, unless required by law.

You understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by Genaty or its collaborators. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.

  1. Links to Third Party Sites

We think links are convenient, and we sometimes provide links and references on this Site to third-party websites or other types of providers. If you use these links, you will leave our Site and Services. We provide links as a matter of convenience and at the request of our Users. We do not have any control over third-party services, websites, and we are not responsible for any of the third-party websites (or the products, services of any kind, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party services and or websites linked to or referred from the Site, you do so entirely at your own risk.

Your correspondence or business dealings with/or participation in promotions of-information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.

  1. Customer Conduct and Unauthorized Activities

As a condition of your use of the Services you warrant that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore, you agree not to use the Services to:

  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, or falsely state or otherwise misrepresent your affiliation with a person or entity.

  3. 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.

  4. If you are a customer outside the UAE 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.

  5. Add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services.

  6. “Stalk” or otherwise harass another user.

  7. 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).

  8. Download any file posted by another user of the Services that you know, or reasonably should know, cannot legally be distributed in such manner.

  9. Upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of Genaty or any other party.

  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.

  14. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services.

  15. Attempt to or actually override any security component of the Services.

  16. Interfere with or disrupt the servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.

  17. Reverse engineer, decompile, disassemble, translate, mirror, or create derivative works of our Site or disrupt its normal functionality or intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.

  18. Violate these Terms of Service, any code of conduct or other guidelines which may be applicable.

  19. 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 Genaty has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Genaty may suffer) of any such breach. In case of breach of any one of these agreements Genaty 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 Genaty and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

If you violate the terms of this Section and/or Genaty has a reasonable ground to suspect that you have violated the terms of this Section, Genaty 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).

  1. Content of Genaty Products

The Genaty Platform describes each Genaty Product with information such as the science behind the product and the potential limitations of the product. This information is found on the details page for each product.

You may choose which interpretations you would like to receive based on these descriptions and your own judgment. Genaty may provide interpretations of your Genetic Information and is responsible for the content of Genaty Product(s), including the scientific basis of each product and the information each product provides. As part of our product review process, Genaty evaluates the scientific quality behind all Genaty Products on the Genaty Platform. We ask that you report any Genaty Product that you believe does not conform to quality standards or violate our Genaty Platform policies. You can report these issues to Customer Support (support@Genaty.ai).

Please do not include any protected health information or other sensitive information when you contact Customer Support. Note that inquiries sent through the Customer Success portal, or emails are not encrypted or secure.

You can retain copies of these communications for your records. You agree that all digital agreements, notices, disclosures, and other communications that we provide to you meet any legal requirement that such communications be in writing.

  1. Communications

You are communicating with us electronically when you use any Service or send us emails and other communications from your desktop or mobile device. You agree to receive electronically all communications from us in connection with your Genaty Account or your use of our Services, which may include emails, texts, mobile push notices, or messages on the Site or through other Services.

You can retain copies of these communications for your records. You agree that all digital agreements, notices, disclosures, and other communications that we provide to you meet any legal requirement that such communications be in writing.

  1. Intellectual Property Rights

The contents of the Site and Services, including but not limited to all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Site and Services (collectively, “Material”) unless otherwise indicated, are owned, controlled, and/or licensed by Genaty or its licensors. Any rights granted herein are expressly licensed. Genaty does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Site or the Services (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Site or Services (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.

Genaty grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes, subject to these Terms of Service and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.

Except for your rights to Genaty Products you purchase, no other right, title or interest in or to the Services or any content on the Services is transferred to you. Genaty reserves all rights not expressly granted. If you provide Genaty with any suggestions, recommendations, or other feedback regarding the Services (“Feedback”), you agree that Genaty may freely use and exploit such Feedback in any way and for any purpose. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

  1. Notice of Limitations

Our genes influence many traits in our lives. At Genaty, we believe in giving you access to your Genetic Information. This access can help you further your own self-discovery about your traits. But before you subscribe to our Services, you should be aware of what genetics can and cannot tell you.

Genaty is not engaged in the practice of medicine, and information learned through Genaty’s services is not intended for diagnostic or medical use:

Genaty’s genetic testing services are not intended to be interpreted by users for the purposes of making any decisions regarding parentage or diagnostic or treatment. The information you learn through our services does not constitute medical advice, and you should not change your health behaviors solely on the basis of the provided genetic information. 

BY USING GENATY’S GENETIC TESTING SERVICES, YOU AGREE THAT YOU WILL NOT USE ANY INFORMATION PROVIDED BY GENATY’S SERVICE FOR DIAGNOSTIC OR HEALTH RELATED DECISION MAKING BEFORE SEEKING PROFESSIONAL ADVICE FROM A PHYSICIAN, GENETIC COUNSELOR, OR SIMILARLY QUALIFIED HEALTHCARE PROFESSIONAL REGARDING ANY HEALTHCARE DECISIONS BASED ON GENETIC TESTING RESULTS PROVIDED BY GENATY.

Rather, Genaty’s services are for research, information, and educational use only. In short, much of the health-related information learned from the provided genetic testing results have not been clinically validated and the technology Genaty uses, although used in research, is not broadly used in healthcare settings. Clinical validity refers to how well a specific genetic variant is related to the presence, absence, or risk of a specific disease or condition. 

In considering a purchase of the Services or any Genaty Product, you should be aware of certain risks and limitations of genetic interpretation. These include the following:

a. Genetics is an evolving field of study

  • Genaty Products are based on the current knowledge of genetics. This knowledge changes every day as we learn more through research. A Genaty Product based on the current state of knowledge may have a different interpretation in the future.

  • Even though we know many traits have a basis in genetics, we may not know or understand all the genetic contributions for a trait. Research in science and medicine is continuously discovering new links between genes and traits. Such research is also showing that some previously identified links may not be valid.

  • Every genome is different. Every person has variations that are either unique to them or are not well described in medical and scientific literature. Your DNA will have variations that are not fully understood. As such, some Genaty Products may reveal variations in your DNA that they cannot currently interpret.

  • Genaty Products provide interpretations based on scientific studies. Such studies are often based on a specific population, such as a specific ethnicity. Thus, you may receive interpretations that are based on a population that differs from your ethnicity or genetic background.

b. Genetics cannot tell you everything about yourself

  • There are few cases where a single gene (or variation in a single gene) is completely predictive of any one trait. Most traits are influenced by multiple genetic and non-genetic factors. Your lifestyle, your environment and chance can also play a role in whether you will have or develop a trait.

  • The interpretation of Genetic Information is often as a probability, likelihood, or risk. Even if you have one or more genetic variations linked to a certain trait, it may not mean that you have or will develop that trait.

  • In addition to non-genetic factors, multiple genes or genetic variations often influence a single trait. That means the effect of any one, single genetic variation may be low.

  • Even if you do not have one or more genetic variations linked to a certain trait, you may still have or develop that trait.

  • In some cases, it is more accurate to measure your physical trait (e.g., height) than to use Genetic Information to predict the trait (e.g., genes for height).

c. You may discover information that causes you distress

  • You cannot unlearn the knowledge you gain from a Genaty Product. Some people prefer not to know their Genetic Information for some traits.

  • You may discover Genetic Information that you do not expect. In some cases, this information may be interesting. In other cases, it may lead to unintended reactions such as anxiety, depression or distress. Examples of these include:

    • discovering an unexpected genetic risk for a health condition

  • Genaty allows you to select which insights you would like to receive by purchasing Genaty Products and navigating the platform. You are responsible for considering the potential impact this information may have on you or your relatives before purchasing a Genaty Product.

d. Revealing your Genetic Information may affect your privacy

  • You may also wish to publicly share results on your own.

  • You should be careful about sharing your Genetic Information with others and know the consequences before doing so.

  • Genetic Information that you choose to share with your health professional may become part of your medical record. That means it could be accessible to other health professionals and possibly health insurance providers in the future.

  • Please see our Privacy Policy for further information about how we handle your Genetic Information and your options for disclosure of such information. Our Privacy Policy describes how Genaty protects your privacy, and our Platform Consent describes the risks and benefits of genetic interpretation.

e. Your Genetic Interpretation may have implications for your relatives

  • Your biological relatives will share some portions of your DNA. Because of this fact, some information you receive from Genaty Products you use may have implications for them as well.

  • Genetic Information can reveal information that is surprising to you or your family. For some Genaty Products, information may show that other relatives are at risk for a health condition they did not know about before.

  • It is important to consider how information you learn may have a positive or negative impact on members of your family. Some of your family members may not want to know about such Genetic Information.

  • If you have questions about how to share sensitive Genetic Information with relatives, you should speak with a qualified healthcare provider, such as a genetic counselor.

f. You may receive information about your health

  • Genaty Products analyze your Genetic information for Health purposes and may suggest actions or interventions that you can take related to your health. However, Genaty Products do not have a complete view of your health history. Before you act on any health information provided through Genaty Products, please first consult with a healthcare professional.

  • Not all Genetic Information can or should be acted upon. If you have questions or concerns, you should speak with a health professional such as a physician or genetic counselor prior to purchasing a Genaty Product. 

  • The results of Genaty Products should not be used to diagnose or treat a medical condition. You should consult a qualified healthcare provider before you take medical action.

  • Not all scientific and health interpretation claims have been validated by the scientific and/or medical community or the Food and Drug Administration (“FDA”). However, not all Genaty Products on the Genaty Platform require approval by the FDA.

  • Genaty does not provide allergy testing and none of our content should be interpreted as allergy testing.

PLEASE CALL YOUR DOCTOR IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY.

  1. Disclaimer of Warranties

Genaty makes its best efforts to provide accurate Genetic Interpretation and to offer Genaty Products of high quality. However, we do not warrant the accuracy, completeness, or usefulness of the Services.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GENATY 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) GENATY 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 GENATY 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. GENATY DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, GENATY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.

You understand that we cannot and do not guarantee or warrant that content available for downloading from the Site or any links provided on the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient anti-virus protections to meet your needs. You are also responsible for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation of Liability

IN NO EVENT WILL GENATY, THE GENATY PARTNERS, GENATY AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO SITE, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GENATY 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 GENATY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.

You also release, waive, discharge, and promise not to sue or bring any claim of any type against us for any loss, damage or injury relating in any way to the Services or any part thereof.

Indemnification

You agree to defend, indemnify, and hold harmless Genaty, its affiliates and licensors and their respective officers, directors, employees, contractors, consultants agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Service or your use of the Services, including, without limitation, any use of the content, services, and products of the Services other than as expressly authorized in these Terms of Service or your use of any information obtained from the Site.

  1. General Practices Regarding Use and Storage

You acknowledge that, in accordance with the applicable laws and regulations, Genaty 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 Genaty’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 Genaty 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 Genaty reserves the right to change these general practices and limits in its sole discretion. Nothing in this section will be construed as to interpret any limitation on your rights to access, delete or request the correction of your information as per the terms of our Privacy Policy. You can ask for more information regarding your rights by reaching to our Privacy Team at security@Genaty.ai,

  1. Account Closure

The TOS will continue to apply until terminated by either you or Genaty as set out in this Section.

If you want to terminate your legal agreement with Genaty, you may do so by notifying Genaty at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent online viaemail to Customer Support. support@Genaty.ai, Genaty will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.

If you terminate your legal agreement with Genaty, and except for the exercise of your rights as per our Privacy Policy, your information will no longer be accessible through the Site or Services. We cannot restore access to your Genaty Account after it has been closed. You will be unable to purchase another Genaty Product on the Genaty Platform unless you create a new Genaty Account and upload your genotype file again.

No software, technology or other information from this platform may be downloaded or otherwise exported or re-exported to any person or entity in the

  1. Health Coaching

If you (the “Client”) consent to participate voluntarily in a Holistic Lifestyle Coaching Program (the “Program”) offered by Genaty or Planaletix (hereafter referred to as “Genaty”), you recognize this Program may contain certain inherent risks.

You expressly assume the risks of the Program and you take full responsibility for your life and well-being and all decisions made before, during and after the Program.

You understand that the information provided at or in conjunction with the Program, including dietary recommendations and/or supplement advice is not intended to be a substitute for professional medical advice, diagnosis, or treatment that can be provided by your physician, therapist, licensed dietitian or nutritionist, or any other licensed or registered healthcare professional.

You understand that Genaty is not a medical or mental healthcare provider and is not providing healthcare, medical or nutrition therapy services or attempting to diagnose, treat or cure in any manner whatsoever, any disease, condition or other physical or mental ailment of the human body. Rather, Genaty and its team are only serving in their capacity to match the customer, you, to an independent health coach or Program Coach.

You understand and agree that your Program coach is not acting as your primary care doctor, psychiatrist, psychotherapist, marriage or family counselor or in any other licensed practitioner role. Your Program coach will not provide any specific services that are licensed healthcare-related activities. If you require such services, your Program coach may recommend a licensed practitioner in your geographic area.

You agree to seek the advice of your physician or other qualified healthcare professional prior to and during the Program regarding any questions or concerns you have about your specific health situation, possible or actual pregnancy, known or suspected food sensitivities or allergies, dietary restrictions, or any medications you are currently taking. You agree to not disregard professional medical advice or delay seeking professional advice or stop taking any medications without speaking to your physician or healthcare professional.

You agree to disclose to Genaty in advance any known or suspected food allergies or sensitivities, any physical limitations that may impact your breathing or movement, or any other health or mental condition that may affect or be affected during the Program. If you suspect that you have a medical problem, you agree to inform Genaty immediately.

You understand that no claim is made as to the certain efficacy of any nutritional or supplement protocols. Additionally, you understand that this program may also include recommendations in regards to bringing balance to the physical, emotional, mental and spiritual components of your being. These recommendations may include but are not limited to, stress reduction techniques, food modifications, sleep hygiene, corrective stretching and strengthening exercises, range of motion exercises, resistance training, postural exercises, cardiovascular exercise and shoe wear and orthotic recommendations. You understand that adopting any of these recommendations is voluntary and by choice.

You fully understand that all lifestyle recommendations, including but not limited to physical exercise and food are designed with your health, well-being and utmost safety in mind. You have been informed and understand physical exercise and food modifications have been associated with certain risks, including but not limited to, musculoskeletal injury, spinal injuries, abnormal blood pressure responses, respiratory distress, and in rare instances heart attack or death. Every effort will be made to minimize these risks.

You consent that all sessions will be recorded and you grant permission for other Genaty health coaches and employees to review these recordings and all the information therein. You consent that in the future Genaty may use your data for research or product building purposes or speak about your case in marketing materials or as case studies, without including any identifying information.

Any identifiable information that is obtained from your medical history, fitness level, and coaching sessions will be treated as privileged and confidential and will not be released or revealed to any person outside of Genaty other than your healthcare providers without your expressed written consent.

Genaty takes reasonable steps to keep information from coaching sessions confidential. You understand that, despite their efforts, communications between Genaty and you containing information related to your coaching sessions might be unlawfully intercepted by third parties, not under the control of Genaty. Accordingly, neither Genaty nor any of our service providers can ensure or warrant the security of any information You transmit to Genaty over the internet, email or via text message. Any such transmission is done at your own risk. 

In general, all communications between Genaty and the Client are confidential. No identifiable information about the Client will be released to individuals outside of the company without the Client’s permission. The EXCEPTIONS to confidentiality include, but are not limited to the following: (1) the coach determines that a client is a threat to himself or herself, or another person; (2) there is suspected abuse or neglect of a child, an elderly or disabled person; (3) the client is threatening to commit a crime; (4) there is a medical emergency; or (5) through a court order to disclose a client’s records. Moreover, Genaty may disclose any information from coaching sessions as required by applicable law, or as necessary or advisable to: (a) protect Genaty rights, safety or property or the rights, safety or property of others, including consultation(s) with counsel; (b) respond to the Client’s requests for customer service or other information; or (c) comply with legal process or cooperate with law enforcement or governmental requests.

In the event that you may injure yourself or become ill as a result of your participation in this program, you hereby release, discharge, and waive any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands which you have ever had, now have, and could have in the future against Genaty, arising from your participation in anything related to the Program, now or in the future.

Any disputes that may arise between the Client and Genaty and its coaches shall be resolved by mediation, and if not resolved by mediation, then by binding arbitration under the procedures and supervision of the American Arbitration Association. Damages will be actual monetary damages only and limited only to a refund of fees paid to Genaty.

Genaty does not make any guarantees, warranties or representations about the results that the Client will achieve through coaching. The Client agrees that using any of the coaching services is entirely at their own risk. The services are requested at their own choice and with inherent singular responsibility. Any action or lack of action, taken by the Client based on coaching advice received from Genaty is done solely by the Client’s choice and is their responsibility, and is neither the responsibility nor liability of Genaty.

Genaty and its coaches shall not be held responsible or liable for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or suggestions provided by Genaty and its coaches, whether such information is provided via a face-to-face meeting, telephone communication, the internet or other form of communication. You hereby release Genaty and its principals, directors, officers, employees, affiliates, representatives, successors and assigns from any claims, liability, costs or expenses in connection with any coaching services, information or materials. You shall indemnify and hold harmless Genaty and its principals, directors, officers, employees, affiliates, representatives, successors and assigns from any claims, liability, costs or expenses in connection with any coaching services, information or materials which you might share or transfer to another individual.

You understand and accept that refunds will not be provided once the team starts to look over your case.

  1. Health Coaching Appointment No Show / Cancellation

Please email our staff at support@Genaty.ai if you are running late, cannot make your appointment, or need to reschedule at least 24 hours in advance of your appointment.

You may reschedule a session a maximum of twice. Attempting to reschedule a third time will result in a loss of the appointment.

A “no show” is someone who misses an appointment without canceling it at least 24 hours in advance.

  • After 15 minutes, if you are not present at your appointment, you are considered a “no show”. 

  • The 1st “no show” instance prompts a reschedule of the appointment.

  • The 2nd “no show” instance results in a loss of the visit with no full or partial refunds. 

  1. Waiver and Severability

No waiver of these Terms of Service by Genaty shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of Genaty to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.

  1. Entire Agreement

These Terms of Service, our Privacy Policy, and Platform Consent constitute the sole and entire agreement between you and Genaty with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

  1. Miscellaneous

Genaty may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. 

You may not assign or otherwise transfer these Terms or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without Genaty’s prior written consent. Any attempt of assignment, delegation, or transfer in violation of these Terms shall be void, of no effect, and a material breach of these Terms. Notwithstanding the foregoing, Genaty may assign these Terms in whole or in part. Moreover, Genaty may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under these Terms.

If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted in accordance with law, and no other terms will be modified. In the event any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of these Terms, the invalidity, voidness, or unenforceability shall affect neither the validity of these Terms nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. If we choose not to enforce any of these Terms, we are not waiving our rights.

If the performance of any part of these Terms by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, pandemic, public health crisis, judicial or governmental action, emergency, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

  1. Your Comments and Concerns

If you have any feedback, comments, requests for support, or other communications about the Services, you should contact Genaty’s Customer Support. You may contact Customer Support at support@Genaty.ai

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