Terms of Service

Version 1.0 Effective Date: January 1, 2025 Last Updated: January 1, 2025

1. Agreement to Terms

Welcome to Ask My DNA! These Terms of Service ("Terms," "Agreement") govern your access to and use of the Ask My DNA platform, website, and services (collectively, the "Service") operated by Wundekind S.R.O. ("we," "us," "our").

Company Information:

Name: Wundekind S.R.O.
Registration: Czech Republic
Address: Roháčova 145/14, Žižkov, 130 00 Praha 3, Czech Republic
Email: legal@askmydna.com
Website: https://askmydna.com

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

Age Requirement: You must be at least 18 years old to use the Service. If you are under 18, you may only use the Service with the involvement and consent of a parent or legal guardian.

2. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion.

Notification of Changes:

We will provide notice of material changes via email or through the Service
Notice will be provided at least 30 days before new terms take effect
Continued use of the Service after changes constitute acceptance of new terms

Your Responsibilities:

Review Terms periodically for changes
If you do not agree to new Terms, discontinue use of the Service
Your continued use constitutes acceptance

Version History: Previous versions of these Terms are available upon request at legal@askmydna.com.

3. Account Registration

3.1 Account Creation

To access certain features, you must register for an account:

Provide accurate, complete, and current information
Maintain and promptly update your account information
Keep your password secure and confidential
Notify us immediately of any unauthorized access

3.2 Account Responsibility

You are responsible for:

All activity that occurs under your account
Maintaining the confidentiality of your credentials
Any actions taken using your account
Ensuring only you have access to your account

3.3 Account Termination

We reserve the right to suspend or terminate your account if:

You violate these Terms
You provide false or misleading information
Your account is used for illegal activities
You engage in conduct that harms other users or the Service

4. Service Description

4.1 What We Provide

Ask My DNA is an educational and wellness platform that:

Analyzes genetic data uploaded by users
Provides AI-powered interpretations of genetic information
Offers personalized wellness insights based on genetic variants
Delivers educational content about genetics and health

4.2 What We Are NOT

Important Disclaimer:

Not Medical Advice: We do not provide medical advice, diagnosis, or treatment
Not Healthcare Providers: We are not doctors, genetic counselors, or healthcare professionals
Not a Substitute: Our Service does not replace professional medical consultation
Educational Only: All information is for educational and informational purposes

4.3 Limitations

Our Service:

Interprets genetic data based on current scientific literature
May have limitations due to incomplete scientific knowledge
Cannot predict with certainty whether you will develop any condition
Should not be used as the sole basis for health decisions

Always consult with qualified healthcare professionals before making medical decisions.

5. User Obligations and Acceptable Use

5.1 Permitted Use

You may use the Service to:

Upload and analyze your own genetic data
Ask questions about genetics and health
Learn about your genetic predispositions
Export your data for personal use

5.2 Prohibited Use

You may NOT:

Upload genetic data of others without explicit consent
Violate any applicable laws or regulations
Infringe on intellectual property rights
Transmit viruses, malware, or harmful code
Attempt to gain unauthorized access to the Service
Reverse engineer or decompile the Service
Use the Service for commercial purposes without permission
Harass, abuse, or harm other users
Impersonate any person or entity
Scrape, crawl, or systematically extract data
Use the Service to discriminate against others based on genetic information

5.3 Medical Disclaimer

You agree that:

The Service is for informational purposes only
You will not rely solely on our Service for medical decisions
You will consult healthcare professionals for medical advice
You understand genetic predisposition ≠ guaranteed outcome
Results may change as scientific knowledge evolves

5.4 Genetic Data Ownership

You retain ownership of your genetic data. By uploading data, you:

Grant us license to process and analyze your data
Authorize us to use de-identified data for service improvement
Can delete your data at any time
Understand that data deletion may take up to 90 days including backups

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by Wundekind S.R.O. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our Property Includes:

Website design and layout
Software, code, and algorithms
AI models and analysis methods
Educational content and articles
Trademarks and logos
Database structures

6.2 Your Genetic Data

You own your genetic data. We claim no ownership over your genetic information.

Your License to Us: By uploading genetic data, you grant us a limited, non-exclusive, worldwide license to:

Store and process your genetic data
Analyze your data using our AI systems
Create personalized reports and insights
Improve our algorithms and services

This license:

Ends when you delete your data
Is revocable at any time
Does not grant us ownership
Does not allow us to share your identified genetic data

6.3 User Content

Any content you submit (questions, feedback, comments):

Remains your property
Grants us license to use for service improvement
Should not contain confidential information
May be used to train our AI (de-identified)

6.4 Restrictions

You may not:

Copy, modify, or distribute our proprietary materials
Create derivative works from the Service
Remove copyright or proprietary notices
Use our trademarks without permission

7. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which explains:

What data we collect
How we use and protect your data
Your rights under GDPR and CCPA
International data transfers and safeguards
Data security measures

Key Privacy Points:

We never sell your genetic data
Data is encrypted and securely stored
You can delete your data anytime
We comply with GDPR and CCPA
Data is stored in US with appropriate safeguards

8. Subscription and Payment

8.1 Subscription Plans

We offer various subscription plans with different features and pricing. Current plans and pricing are available on our website.

8.2 Billing

Subscriptions are billed in advance on a recurring basis
Billing cycles may be monthly or annual
You authorize us to charge your payment method
Prices are in USD unless otherwise stated

8.3 Payment Methods

We accept payment through third-party processors (Stripe). You must:

Provide current, complete, and accurate payment information
Update information promptly if it changes
Authorize charges to your payment method

8.4 Refund Policy

No Refunds for Subscriptions:

Subscription fees are non-refundable
No refunds for partial months or unused services
You may cancel to prevent future charges

Exceptions:

Billing errors will be corrected and refunded
Service unavailability beyond our control may warrant refunds
Contact support@askmydna.com for refund requests

8.5 Cancellation

You may cancel your subscription at any time:

Cancellation prevents future charges
You retain access until the end of the current billing period
Your data is retained according to our Privacy Policy
You may reactivate your account at any time

8.6 Price Changes

We may modify subscription prices:

You will be notified at least 30 days in advance
Changes take effect at your next renewal
Continued use after price change constitutes acceptance
You may cancel before renewal to avoid new price

9. Service Availability and Modifications

9.1 Service Availability

We strive to maintain Service availability but do not guarantee:

Uninterrupted or error-free operation
That defects will be corrected immediately
That the Service is free from viruses or harmful components
Availability during maintenance or technical issues

9.2 Modifications to Service

We reserve the right to:

Modify or discontinue features at any time
Update AI models and analysis methods
Change the scope or type of Service offered
Implement new features or requirements

We will provide reasonable notice of material changes that negatively impact core functionality.

9.3 Maintenance

We may perform scheduled maintenance:

We will provide advance notice when possible
Maintenance may temporarily limit availability
Critical security updates may require immediate action

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

10.1 No Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

Merchantability: Fitness for a particular purpose
Non-infringement: Freedom from third-party rights violations
Accuracy: Completeness or reliability of content
Results: Specific outcomes from using the Service

10.2 Genetic Analysis Disclaimer

WE DO NOT WARRANT THAT:

Genetic analysis results are error-free or complete
Results reflect all current scientific knowledge
Predictions will be accurate for your health outcomes
The Service identifies all genetic variants
Results are suitable for clinical decision-making

10.3 Third-Party Content

We are not responsible for:

Content from third-party sources
Links to external websites
Accuracy of scientific literature cited
Third-party service provider failures

10.4 Professional Advice Disclaimer

THE SERVICE DOES NOT PROVIDE PROFESSIONAL MEDICAL, LEGAL, OR FINANCIAL ADVICE. Always consult appropriate professionals for decisions in these areas.

11. Limitation of Liability

11.1 Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WUNDEKIND S.R.O. SHALL NOT BE LIABLE FOR:

Indirect, incidental, special, consequential, or punitive damages
Lost profits, revenue, data, or business opportunities
Personal injury or property damage resulting from Service use
Unauthorized access to your data
Errors or omissions in content or analysis
Service interruptions or unavailability

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, etc.).

11.2 Maximum Liability

IF WE ARE FOUND LIABLE, OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF:

$100 USD, or
The amount you paid us in the 12 months preceding the claim

11.3 Exceptions

Some jurisdictions do not allow limitation of liability for:

Death or personal injury caused by negligence
Fraud or fraudulent misrepresentation
Violations of consumer protection laws

In such jurisdictions, liability is limited to the extent permitted by law.

11.4 Basis of the Bargain

YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND US, and that we would not provide the Service without these limitations.

12. Indemnification

You agree to indemnify, defend, and hold harmless Wundekind S.R.O., its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

Your use or misuse of the Service
Your violation of these Terms
Your violation of any third-party rights, including privacy or intellectual property
Your genetic data or Content you submit
Your medical decisions based on Service information
Any misrepresentation in your account information

We reserve the right to:

Assume exclusive defense and control of any indemnified matter
Require your cooperation in defending such claims

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law provisions.

13.2 Jurisdiction

You agree that:

Disputes shall be resolved in the courts of Prague, Czech Republic
You consent to personal jurisdiction in Czech courts
The UN Convention on Contracts for the International Sale of Goods does not apply

13.3 Informal Resolution

Before filing a claim, you agree to:

Contact us at legal@askmydna.com
Describe the issue and desired resolution
Allow 60 days for good-faith negotiation
Escalate only if informal resolution fails

13.4 Arbitration (Optional)

Parties may mutually agree to binding arbitration:

Under rules of the Arbitration Court attached to the Czech Chamber of Commerce
Conducted in Prague, Czech Republic
In English or Czech language
With one arbitrator unless parties agree otherwise

13.5 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION against us.

14. Termination

14.1 Termination by You

You may terminate your account at any time by:

Using the account deletion feature in settings
Contacting support@askmydna.com
Ceasing to use the Service

Upon termination:

Your subscription will cancel at the end of the billing period
Your data will be deleted according to our Privacy Policy
No refunds will be provided for unused time

14.2 Termination by Us

We may suspend or terminate your account immediately if:

You violate these Terms
You engage in fraudulent activity
You abuse or harass other users or staff
Required by law or legal process
We discontinue the Service

14.3 Effect of Termination

Upon termination:

Your right to use the Service ceases immediately
All licenses granted to you terminate
We may delete your data according to our Privacy Policy
Provisions that should survive termination remain in effect

14.4 Survival

The following provisions survive termination:

Intellectual Property Rights
Disclaimer of Warranties
Limitation of Liability
Indemnification
Dispute Resolution

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms, constitute the entire agreement between you and Wundekind S.R.O. regarding the Service.

15.2 Severability

If any provision is held invalid or unenforceable:

That provision shall be modified to reflect the parties' intent
Or removed if modification is not possible
Remaining provisions remain in full effect

15.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms:

To an affiliate or subsidiary
In connection with a merger, acquisition, or sale of assets
With notice to you

15.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including:

Natural disasters
War, terrorism, or civil unrest
Government actions or regulations
Internet or telecommunications failures
Pandemics or public health emergencies

15.6 Independent Contractors

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.

15.7 Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights.

15.8 Language

If these Terms are translated into other languages, the English version prevails in case of conflict.

16. Export Compliance

The Service and related technology may be subject to export control laws:

You represent that you are not located in a country subject to embargo
You are not on any government restricted parties list
You will comply with all applicable export laws

17. Contact Information

For questions about these Terms, please contact us:

Legal Department: Email: legal@askmydna.com

General Inquiries: Email: support@askmydna.com

Mailing Address: Wundekind S.R.O. Attention: Legal Department Roháčova 145/14, Žižkov 130 00 Praha 3 Czech Republic

Response Time: We aim to respond to all inquiries within 5-7 business days.

18. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT:

You have read and understood these Terms
You agree to be bound by these Terms
You are at least 18 years old or have parental consent
You understand the Service is educational, not medical
You will consult healthcare professionals for medical decisions
You understand genetic results have limitations
You accept the risks and limitations outlined herein

Thank you for using Ask My DNA!

Last Updated: January 1, 2025 Version 1.0