Silverberry Account and DNA Test Terms of Service

  1. For Reference
    1. “Silverberry”, “Silverberry Genomix” (“we,” “us,” “our,” “the Company”) is a d.b.a for Silverberry Genomics Inc., a Canada, Ontario Corporation with office in US.
    2. “DNA sample” or “sample”refers to the cheek swab or any other sample you have provided for the purposes of Genomic Sequencing.
  2. Acceptance of Silverberry Terms

This Agreement refers specifically to the acceptable use of the Silverberry Services.

This Terms of Service (TOS) Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Website. These TOS cover any use of the Services, including but not limited to (a) your submission of a DNA sample for DNA extraction, processing, and storage, (b) uploading a digital version of your Genetic Information with the intent of interacting with it on the Silverberry website, and/or (c) creating and using a free Silverberry account without providing your Genetic Information or DNA sample. To use the Services, you must first agree to these TOS.

You may not use the Services if you do not accept these TOS. You can accept these TOS by (1) clicking to accept or agree to these TOS, where this option is made available to you by Silverberry for any Service or by (2) actually using the Services. In this case, you acknowledge and agree that Silverberry will treat your use of the Services as acceptance of these TOS from that point onwards. In addition, when using particular Silverberry Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules, at this moment, are incorporated by reference into these TOS. Silverberry also may offer other services from time to time that are governed by additional or different terms of service.

  1. Description of the Services

The Services include access to the Silverberry public website and platform as well as our personal genotyping services, including the collection, processing and handling, genetic testing, analysis, and interpretation of your DNA sample or your uploaded Genetic Information. The purpose of the Services is to provide genetic and/or wellness and/or genealogical results and related reports for informational, recreational, educational, and research use.

Our Services are very diverse, so sometimes additional or different terms may apply. Any additional terms will be specified with the relevant Services, and those additional terms become a part of your agreement with us if you use those Services. Separate terms may also apply to special offers or promotions, and if the rules of a promotion or special offer conflict with these Terms, those special terms will prevail. We are continuously pushing to advance our Services; and thus, we may add or remove functionality or features from the Services, and we may suspend or stop a Service altogether. In order to enhance our Services, we may also use user data to add to our existing user experience or to develop new services or products. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to these TOS.

You may stop using the Services at any time. You do not need to specifically inform Silverberry when you stop using the Services unless you are requesting closure of your account. You may at any time request that we delete your data and account.

Silverberry assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.

To use the Services, you must have Internet access. In addition, you must provide all equipment necessary to make such Internet connection. You are responsible for providing such equipment and are responsible for paying any service fees associated with Internet access.

  1. Eligibility to Use the Services
    • . Whether you submit your own DNA sample, a DNA sample for anyone for whom you have legal authority to agree, or supply your own Genetic Information, you may neither use the Services or accept these TOS if (i) you are a person prohibited from receiving the Services under the jurisdiction laws in which you are resident or from which you use the Services, (ii) you are not of the legal age to form a binding contract with Silverberry.
  1. In addition to the conditions above, you must be at least 18 years of age to participate or otherwise provide your own Genetic Information and to agree to these TOS on behalf of yourself or those whom you are the parent of or have legal authority to agree.
  2. You may use the Services with your parent's or guardian's permission if you are between the ages of 13 and 18. You must be 13 years of age or older to use the Services and accept the TOS. Children under the age of 13 are not permitted to use any Services. If Silverberry becomes aware that we have unknowingly collected any personal data directly from a child under the age of 13, we will take commercially reasonable efforts to delete such data from our system.
  1. Considerations Regarding Silverberry Services
    • . You may discover information about yourself that you, as well as your family, did not anticipate:You should be aware that some of the information you receive may be unexpected. In most cases, this information may be interesting. In other cases, it may lead to distress. Examples may involve: (i) information about your origins that contradicts prior assumptions; (ii) the discovery of an unknown relative; or (iii) discovering unexpected genetic information about a potential health condition. As a user, you take responsibility for all possible consequences that could result from use of these Services.
  1. The laboratory may not be able to process your sample, and the laboratory process may result in errors:We partner with third party laboratory service to process your saliva sample. Our lab partners are CLIA certified lab however regardless of our attention to quality, from time to time and although rare, there are cases here issues may occur in the lab processing. These issues may be a result of a contaminated sample, insufficient DNA due to a tester not following swab instructions, or most rarely, misidentification. If you believe your sample was misidentified, please contact Customer Service for help as this can affect your privacy.
  2. Genetics is an evolving field of research:Currently, only a small percentage of the hundreds of thousands of data points measured from your DNA are known to be associated with human traits or health conditions, and we may not know or comprehend all of the genetic contributions for a trait. The research community is quickly learning more about genetics as we discover new links between genes and traits. At times, research is also showing that some previously identified links may not be valid. In addition, many ethnic groups are not included in genetic studies. Because interpretations provided in our service depend on scientific studies, you may receive interpretations that are based on populations that might not apply to you. In the future, scientific research may change the interpretation of your DNA and the scientific community may show past research to be incomplete or inaccurate.
  1. Your Use of the Services

The Services includes tools that provide you with wellness reports that allow you to learn more about your DNA.

Requirements for Accessing the Services: In correspondence for your access to the Services:

  • You agree to comply with applicable laws;
  • You are responsible for all activity and usage on the Services made via your account; and
  • You will contact us if you sense that your account was accessed without your authorization.
  • If you download a copy of your raw DNA Data, you are in charge of storing, securing and protecting said data. Our security measures will not be able to protect the copy. Your raw DNA Data is for your personal use only and should not be used for medical, diagnostic or paternity testing purposes;
  • You agree not to resell the Services or to resell, reproduce or publish any content or information found on the Services, except as explicitly described in these Terms.
  1. Requirements for Using the Services:In correspondence with your use of the Services:
    • .You understand that Silverberry products and services are for research, educational, and informational use only and are not to be used to diagnose, prevent, or treat any condition or disease or to ascertain the state of health for any individual;
    • You acknowledge that Silverberry urges you to seek the advice of your health care provider if you have questions resulting from your Genetic Information;
    • You give Silverberry, its contractors, successors, and assignees permission to perform genotyping services in the United States on the DNA extracted from your DNA sample on the resulting DNA using test methods available now or new methods developed in the future;
    • You specifically request Silverberry to disclose the results of analyses performed on your DNA to you and to others you specifically authorize;
    • You understand that Silverberry will store your DNA results in accordance with these Terms and the Privacy Policy;
    • You understand we will store any remaining DNA samples after your sample has been processed and once submitted to us, your DNA sample cannot be returned to you;
    • You represent that you are at least eighteen (18) years of age if you are providing a DNA sample or accessing your Genetic Information;
    • You are guaranteeing that any sample you submit is your own; if you are agreeing to these Terms on behalf of a person for whom you have legal authorization, you are confirming that the sample provided will be the sample of that person;
    • If you are outside the U.S, you will not send a sample if it violates any export ban or other restrictions in the country you reside in or are sending the sample from;
    • You agree that any DNA sample you submit and all resulting data may be transferred and/or processed outside the country you reside;
    • You may not use the Services outside the country your collection kit was shipped to from Silverberry;
    • You are guaranteeing that you are not an employer or insurance company attempting to obtain information about an insured person or an employee;
    • You agree to not use the Services for any law enforcement purposes, forensic examinations, criminal investigations, and/or similar purposes without the required legal documentation and written permission from Silverberry;
    • You agree that we may use your Genetic Information and other Personal Information as described in these Terms and the Privacy Policy;
    • You take responsibility for any consequences resulting from you sharing access to your Genetic Information and your Self-Reported Information;
    • You acknowledge that locations in your DNA are scanned to accurately locate the targeted genetic information for which you have ordered and paid, and any other incidental locations will neither be processed nor analyzed. Such data may not be obtainable or may be subject to additional fees.
    • You understand that all of your Personal Information will be stored in Silverberry secure databases and will be processed in accordance with the Silverberry Privacy Policy;
    • You understand that by submitting a DNA sample or Self-Reported Information to us, you acquire no rights in any commercial products or research developed by us or our collaborators and will receive no compensation related to any such research or product development; and
    • You agree that you will not use the information obtained from the DNA Services (including any downloaded raw DNA Data) in whole, in part and/or in combination with any other database, for any medical, diagnostic or paternity testing purpose or for any discriminatory purpose or illegal activity.
  2. Silverberry User Conduct - Unlawful and Prohibited Use of the Services:As a requirement of your use of the Services, you guarantee to Silverberry that you will not use the Services for any function that is unlawful or prohibited by these terms. Using the Services for law enforcement purposes without the proper legal documentation is strictly prohibited. You may not use the Services in any way that could disable, damage, exhaust, or diminish the Services or hamper with any other party's enjoyment and use of the Services. You may not acquire or attempt to acquire any information through any measures not intentionally made available or provided for through the Services. Silverberry can’t be responsible for the content our users create and share in the community, but we reserve the right to remove any comments or posts that violate these rules or our TOS.

Additionally, you agree not to use the Services to: (i) post or share any content that is illegal, threatening, harmful, abusive or otherwise objectionable, including content or communications that are degrading, defamatory, vulgar, hateful, libelous, fraudulent, obscene, pornographic, sexually explicit, sexist, racist, or invasive of another's privacy. (ii) stalk, harass, threaten or verbally attack any user or Silverberry employee, or abuse Silverberry resources, such as misusing an Silverberry employee’s time; (iii) post any information or communication that you know is untrue or misleading, including impersonating any person, falsifying your affiliation with any person or entity, falsely claiming an endorsement, or falsely representing yourself as an employee or representative of Silverberry; (iv) post or share content involving any person’s personal, proprietary, or confidential information without their permission or the consent of their parent or guardian in the case of minors; (v) post or share content that does not belong to you or that is protected by copyright or trademark, unless you have specified permission from the owner of the copyright or trademark for such content; (vi) reproduce, reverse-engineer or sell any portion of Silverberry’s Services or Silverberry Content, or systematically download data from Silverberry databases to make or populate another database for any other purpose; (vii) mirror any part of any Silverberry Services without Silverberry’s written permission; (viii) post or make available any advertising, promotional materials, spam, junk mail, chain letters, or any other form of solicitation.

  1. Account Creation, User Account, Password, Security Obligations

In exchange for your use of the Services, you agree to: (a) provide valid and complete contact information, including a valid email address; and (b) maintain and promptly update the Account Information to keep it accurate and current. If you provide any Account Information that is inaccurate, untrue, not current, or incomplete, or if Silverberry has reason to suspect that such information is so, Silverberry 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).

After you have purchased Silverberry's Services to take DNA Test, you will receive a kit with a unique ID. You are responsible for maintaining the confidentiality of the account and password and are fully responsible for all activities that occur under your account or password. If you allow third parties to access Silverberry's website through your email and password, you will defend and indemnify Silverberry against any liability, damages, or costs based upon or relating to such access and use. You agree to (a) immediately notify Silverberry of any unauthorized use of your account or password or any other security breach, and (b) ensure that you exit from your account at the end of each session. Silverberry cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

  1. Content Used in the Services
    • . Silverberry Content:The Services contain videos, photos, documents, and other content that are owned by or are licensed to Silverberry. We refer to this content as “Silverberry Content.” All Silverberry Content is owned by or licensed to us and may be used only in accordance with these Terms. You may use the Silverberry Content only as necessary for your personal use of the Services or your professional research, and download the Silverberry Content only as search results relevant to that research or where expressly permitted by Silverberry.

With respect to Silverberry Content, you agree:

  • .To keep all copyright and other proprietary notices on any Silverberry Content you download or print; and
  • Not to distribute, re-publish, or sell significant portions of any Silverberry Content.
  1. Personal Information and User Provided Content:You provide us with various types of information when you use the Services. For an explanation of Personal Information and a description of the types of Personal Information you may provide to us, see our Privacy Policy. The steps to delete your Personal Information is explained in our Privacy Policy. In addition, you may provide us with information that is not treated as Personal Information. In these TOS, we refer to this type of information as “User Provided Content.”

Concerning User Provided Content, you agree that:

  • .You are entirely responsible for your User Provided Content;
  • You represent and warrant that you have all the necessary rights to upload or post your User Provided Content and that your User Provided Content complies with the Silverberry Terms;
  • You will provide Silverberry, upon our request, with any documentation necessary to evidence your adherence with these TOS; and
  • User Provided Content that you have shared or made public (e.g., by including such User Provided Content as part of your public profile or a public posting in one of the Services) may be utilized by other users as part of, or in combination with, the Services. We will not be obligated to remove any information or User Provided Content that you have made public or has otherwise been shared from the public profiles, or Group Projects, or family trees of other users.

Silverberry has no responsibility or liability related to User Provided Content. While we do not consistently monitor User Provided Content that is posted or uploaded to the Services, we reserve the right to monitor and to use automated tools that audit User Provided Content for violations of these Terms. We reserve the right, but are not required, to remove or disable access to any User Provided Content that we believe violates these TOS.

  1. Self-Reported Information:You may voluntarily choose to provide Self-Reported Information about yourself or your family to Silverberry in response to our email surveys or through the Services. Self-Reported Information does not include account, payment, profile, usage details mandatory to provide the Services, or any User Provided Content. You may have the choice to share your Self-Reported Information with other users. Our Privacy Policy governs any sharing of Self-Reported Information with third parties.

If you have worries or concerns that User Provided Content posted by other users may violate your rights, contain illegal material, or violate these TOS, or have complaints regarding copyright infringement or illegal content, please contact us at legal@silverberrygenomix.com

  1. Ownership of Personal Information, Self-Reported Information, and User Provided Content:You own your Personal Information, Self-Reported Information, and User Provided Content. Through use of the Services, you grant us the right to collect, process, analyze, store and communicate your Personal Information (including your Genetic Information) and Self-Reported Information for the purposes described in these TOS and our Privacy Policy and in order to (i) provide the Services to you and other users, (ii) for any other purpose you expressly agree to, such as sharing with others and joining a genomics study. Also, by submitting User Provided Content through any of the Services, you grant Silverberry a sublicensable, worldwide, royalty-free license to host, store, copy, publish, distribute, provide access to, create derivative works of, and otherwise use such User Provided Content to the extent and in the form or context we consider suitable on or through any media or medium and with any technology or devices currently known or hereafter discovered or developed.
  2. Copyright and Trademark Notice:The trademarks, service marks, and logos contained in the Services are owned by or licensed to us. Each of the Services, including the website's content, features, and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Silverberry and its licensors and are protected by copyright, pursuant to United States and international copyright laws as well as other copyright laws.
  1. Privacy Policy

Your privacy is very important to us. Our Privacy Policy sets forth important information on how we collect, process, use and share your data and is incorporated by reference within. Please read our Privacy Policy carefully.

  1. Modifications to Service

Silverberry reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part of the Services) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the Silverberry features or Services, and (ii) Silverberry shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

You acknowledge that Silverberry may offer additional or different technologies or features to collect and/or interpret Genetic Information in the future and that your original purchase of the Services does not qualify you to any different or additional technologies or features for collection or interpretation of your Genetic Information without fee, and that you will have to pay additional fees in order to have your Genetic Information collected, processed, and/or interpreted using any future or additional technologies or features.

  1. Notification

Silverberry may contact you within the Services, via email or physical mail to inform you of changes to these TOS. You agree that contact in any of these forms will meet any legal communication requirements, including that communication be in writing.

  1. Changes to the Terms of Service

Silverberry reserves the right to make changes to these TOS and may do so from time to time. When changes are made, we will make a new copy of these TOS available on our website. New additional terms will be made accessible to you from within the Services affected.

We will notify you via email of any changes or additions to these TOS. You acknowledge and agree that your use of the Services, after the date on which these TOS have changed, will be treated as your acceptance of the updated TOS.

  1. Termination or Suspension of your Account

We have the right to limit, suspend, or terminate your access to the Services without a refund if you violate or act inconsistently with the spirit of these TOS. In such a case, you do not have the right to a refund for any purchase.

  1. Warranty

We want you to enjoy using our services. However, we do not warrant the usefulness, accuracy, or completeness of the Services, nor do we endorse, warrant or guarantee the Services, including, without limitation, any prices, descriptions, products and product warranties, or other information posted by other vendors or Partners.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SILVERBERRY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND MERCHANTABILITY. SILVERBERRY DOES NOT MAKE ANY PROMISES (A) ABOUT THE SPECIFIC FUNCTIONALITY OF THE SERVICES, (B) ABOUT THE SILVERBERRY CONTENT, (C) ABOUT THE ACCURACY, QUALITY, RELIABILITY, OR AVAILABILITY OF THE SILVERBERRY CONTENT OR SERVICES, OR (D) THAT THE SILVERBERRY CONTENT OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

  1. Limit of Liability

Within the limits allowed by applicable laws, you expressly acknowledge and agree that Silverberry shall not be liable for any indirect, direct, incidental, consequential, special, or exemplary damages, including but not limited to, damages for goodwill, loss of profits, use, data or other intangible losses (even if Silverberry has been informed of the possibility of such damages), resulting from: (a) the use or the lack of ability to use the services; (b) any action you take based on the information you receive as a result of the services; (c) the cost of procurement of substitute goods and services resulting from any goods, information, data, or services obtained or purchased or transactions entered into through or from the services or messages received; (d) your failure to keep your password or account details secure and confidential; (e) the improper authorization for the services by someone claiming such authority; (f) unauthorized access to or alteration of your transmissions or data; or (g) statements or behavior of any third party on the services.

  1. Indemnity

You agree to defend, indemnify, and hold harmless Silverberry, its affiliates and licensors and their respective officers, directors, employees, agents, licensors, contractors, 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 TOS or your use of the Services, including, without limitation, any use of the services, content, and products of the Services other than as expressly authorized in these TOS or your use of any information obtained from the Site.

  1. No Resale of Service

In agreement to these TOS, unless otherwise agreed in a separate agreement between you and Silverberry, you agree not to distribute, display, perform, license, publish, duplicate, modify, reproduce, copy, create derivative works from, sell or resell, exploit, transfer, or transmit for any commercial purposes, any portion of the Service, access to the Service, or use of the Service.

  1. General Practices Regarding Use and Storage

Silverberry's sample collection kits include two vials, each labeled with a barcode associating the vials with the order. Barcodes are scanned at check-in, may be triggering a notification email to the kit owner of receipt. A single vial is sent to our federally compliant CAP/CLIA certified lab for DNA extraction where the DNA is stored in our lab’s partner robotic freezer at -20 C, ready to be processed for the ordered test(s). The remaining DNA is returned to the freezer and stored for any future test(s) ordered by the kit owner. The second vial is stored in a secured room at room temperature for up to 25 years and is used only in the event that your DNA from the first vial does not provide sufficient quantity or quality for the tests the kit owner ordered.

Our customers' trust and privacy are important to us, therefore we do not share or transfer stored samples or extracted DNA with third parties.

You acknowledge and agree that Silverberry has no responsibility or liability for the failure to store or the deletion of any content maintained or transmitted by the Services; or for the loss of DNA samples or Genetic Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that Silverberry reserves the right and has the sole discretion to change these general practices.

  1. Services Offered by Other Companies

Silverberry may offer you the chance to purchase services from companies other than Silverberry. Use of those services will be subject to these TOS of the companies offering the services. Please read those terms carefully. Silverberry has no responsibility related to any such third-party services.

  1. Links From the Silverberry Website

The Services and third parties may provide links to other sites and resources. You acknowledge that Silverberry has no control over such sites and resources and that Silverberry is not responsible for such sites or resources. You further acknowledge and agree that Silverberry accepts no responsibility and is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such linked site or resource.

  1. Applicable Law

You agree that: (a) the Services shall be deemed solely based in Ontario, Canada; and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Silverberry, either specific or general, in jurisdictions other than Ontario, Canada. This Agreement and any dispute regarding the Services shall be governed by the laws of the Province of Ontario, Canada, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the Ontario, City of Toronto for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the below Arbitration provision.

  1. Arbitration

We want to keep our customers satisfied. If a dispute arises between you and Silverberry, our objective is to provide a speedy and cost-effective means of resolving the dispute. If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us.

In the unlikely event that Silverberry has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Silverberry claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of San Francisco, California under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Silverberry from seeking injunctive or other equitable relief from the courts as necessary to protect any of Silverberry’s proprietary interests.

All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You agree that, by entering into this agreement, you and Silverberry are each waiving the right to a trial by jury or to participate in a class action.

For E.U. and Canada Customers. Nothing in this Agreement, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law. Nothing contained in this clause shall limit Silverberry's rights to bring enforcement proceedings in another jurisdiction or to seek interim, protective or provisional relief in the courts of another jurisdiction.

  1. Miscellaneous
    • . Entire Agreement:These TOS, including all rules, guidelines, and other documents incorporated herein by reference, state the entire agreement between you and Silverberry regarding your use of the Services and supersede any prior agreements we may have relating to the Services.
  1. No Waiver:Silverberry's failure to enforce any provision of these TOS is not a waiver of our rights under that provision.
  2. Severability:If any particular section or clause in these TOS is found to be unenforceable, it will not affect the enforceability of the remaining TOS. We may replace any unenforceable section or clause with a similar one that is enforceable.
  3. Amendments:We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.SilverberryGenomix.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 3.
  4. Assignment:You may not, without the consent of Silverberry, transfer any of your rights and obligations under this Agreement. Silverberry reserves the right to assign or transfer our rights and obligations under this Agreement.
  1. Contact Us

If you have any questions about our TOS, the Privacy Policy or the Services of Silverberry, you can contact us by submitting an inquiry via our Contact Us or by emailing support@silverberrygenomix.com.