Terms and Conditions of Service

By accessing or using the website and/or ordering Silverberry Genomics Inc. services (“Silverberry”, “Silverberry Genomix”), you agree to be legally bound by these Terms and Conditions outlined below and Terms of Service and In-App Purchase End-User License Agreement. If you are a business partner, reseller, or affiliate partner, in addition to the following terms of use that apply to you and your users (where applicable), you agree with the Partnership Agreement to use the service.

License
You are granted a non-exclusive, non-transferable licenses to use Silverberry Genomics Inc. Services (“Service” or “Services”) for the products purchased or offered for free (if any). You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.

Site and Report Content
The information on the website or in Silverberry reports is for informational, research and/or educational purposes and is not intended to be used for medical advice or diagnosis or treatment. Predisposition information provided by is based on the best available peer-reviewed scientific literature and our predisposition engine uses a state of the art patent-pending risk assessment methodology. However genetic predisposition likelihood based on genetic variations does not constitute a diagnosis of a condition. Individuals should always consult with their physician or other qualified healthcare provider about questions concerning a medical condition, and before starting, stopping or modifying any treatment or medication.

Intellectual Property and Site Use
The trademarks, service marks, logos and other information and materials described or appearing on the website are protected by applicable trademark, patent, copyright and other laws. None of the trademarks, service marks, logos and other information and materials on the website may be used in any advertising or publicity, or otherwise to indicate Silverberry’s affiliation with, or sponsorship of, any product or service without Silverberry’s written consent.

Disclaimer of Content and Warranties; Limitation of Liability
Silverberry attempts to keep all the information on the website and in the reports up-to-date. However, given the fast-changing nature of genomics science, the content of this website may need to be updated. While Silverberry is committed to maintaining high quality scientific information available, Silverberry makes no warranties or representations as to the accuracy of the content of the website or the reports, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on this website or the reports. Your use of the website is subject to the additional disclaimers and caveats that may appear throughout these Terms and Conditions and otherwise on the website. You assume the entire risk of loss in using this website and the reports as well as the information and materials contained on the website and the reports.

Use of third party genetics testing, analysis or reporting services 
Silverberry does not do DNA sequencing and uses third party labs to do it. We may also use genetic analysis services for the test results to generate reports. Due to such partnership, your DNA file will be shared with the third party to generate your ancestry reports.  You will be given an option to use such account to review your personal ancestry report and manage your account directly with such services.  That requires to create an account automatically and link it to your  DNA test results.  Silverberry choses those partners in its sole direction. DNA Wellness reports are powered by Lifenome Genomics API. We share your genetic testing data anonymously provided with the genetic testing services and/or in partnership with other analysis / reporting services to produce genetically-influenced well-being and ancestry reports. The services provided by such third party providers is governed by their terms and conditions, which they will present the user upon registration with their service. Silverberry takes no responsibility for genetic testing services or risk analysis, modeling, research, conclusions of such reports generated or provided by third parties and merely presents such results to you as a user and/or refers you to their sites for more information. The average time to take the test and prepare the results by lab is 4-8 weeks. Depends on workload, time of the year, when sample is received, processing time might be longer.  Silverberry reports in average 140 reposts for each users, however depends on applicability of the reports the number of reports generated for each user may change.

Services and Agreements
Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the Terms of Use. You acknowledge and agree that the Services are provided “AS-IS” and are based on the current state of the art of genetic research and technology in use by Silverberry Genmix and its partners and/or service providers at the time of the purchase or viewing. Generating the assessments and results, is a complex process which goes through several steps, from file creation, transfer, analysis and information presentation, there is a risk for errors happen.  You use the service at your risk and we don’t guarantee the results or assessments are accurate. The reports are ONLY an additional layer of information to be used as a general guideline. They can not be relied on to make any decision to diagnose, monitor or cure any conditions, or make decisions which may impact your health or wellness.  By using the service, you agree you don’t make any changes to your routines solely based on the Silverberry reports and you always consult with a certified health-care providers to use them.  As research progresses and scientific knowledge and technology evolve, Silverberry Genomix is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Silverberry Genomix provides as well as its agreements (Privacy Policy, Terms of Use and User Consent) may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Silverberry Genomix may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at Silverberry Genomix’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Silverberry Genomix  when you stop using the services.

Feedback
We are a user-centric company and strive to build the best product that satisfy our users’ needs. In this process, we always look for comments and feedback to make the product better and make it work for you. Please keep in mind that if you provide any feedback, comments, suggestions, ideas, design, description of processes, or other information to us about or in connection with the Products or services, including without limitation any ideas, concepts, know-how or techniques contained therein (“Feedback”), then you grant us a worldwide, royalty-free, non-exclusive, perpetual and irrevocable license to use, copy, modify and otherwise exploit the Feedback for any purpose, without any compensation to you or any restriction or obligation on account of intellectual property rights or otherwise.  You may provide the feedback by communicating with us via email, phone, participating in surveys, research studies, focus groups, or other means and methods. For clarity, no Feedback will be deemed your Confidential Information, and nothing in this agreement limits Silverberry’s right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.

Release Consent and Participation in Genomics Research

When ordering the DNA Kit, you give permission to Silverberry Genomix to collect and analyze your saliva sample to generate you health and wellness reports. By creating an account, you hold Silverberry Genomix harmless of all consequences of taking your DNA test. Accordingly, any disputes will be resolved by arbitration.

Additionally, when you agree to participate in Silverberry Genetics Studies, you give a specific authorization to Silverberry Genomix to use your anonymized DNA sample and test results for the purpose of genetics studies according to the terms set forth in “Platform Consent“available at https://silverberrygenomix.com/consent/. In case you choose to join the studies, you authorize Silverberry Genomix to share my contact information with the studies administrators. By joining the studies, you hold Silverberry Genomix harmless for all consequences of sharing your information according to the Privacy Policy and Terms of Use on Silverberry Genomix Website. Accordingly, any disputes will be resolved by arbitration.

Suggestions,  Recommendations, What To Do
Content on this site and under different sections (What To Do based on assessments, genei.us, etc.) is for reference purposes and is not a substitute for advice from a licensed health-care professional. You should not rely solely on this content, and Silverberry assumes no liability for inaccuracies. Always read labels and directions before using a product. Statements regarding dietary supplements have not been evaluated by the FDA. Genetic assessments or products are not intended to diagnose, treat, cure, or prevent any disease or condition.

By using geneius and/or geneius membership, you agree with Geneius Terms of Use.

Affiliate Disclosure

We are a participant in the affiliate programs of the products listed and linked to purchase under genei.us. An affiliate program designed to provide a means for us to earn fees by directly selling or linking to affiliated sites.

Creating User Profile and Enforcement of Silverberry Customer Agreement

You may create a profile for a person you know (called user or end-user). You are responsible for ensuring that each end user enters into the Silverberry Terms of Use and Privacy Policy  (which includes all limitations on valid user  accounts and other quantity restrictions applicable to the end user’s order) in a manner that is legally binding upon the end-user. This may require you to (a) notify each end-user that Silverberry products are subject to the Silverberry Terms of Use and Privacy Policy and that by placing an order, uploading a DNA file, or viewing/downloading reports, (b) include either a copy of or link to the Silverberry Customer Agreement in each quotation and order form you issue to the end user, and (c) obtain from each end-user written confirmation of acceptance of the Silverberry Customer Agreement prior to the earlier to occur of acceptance of the order by Reseller or delivery of the Product. You must provide evidence of such acceptance by the end-user to Silverberry upon request. All use of the Products by end-users is subject to the Silverberry Terms of Use and Privacy Policy, and you may not purport to impose any other terms pertaining to their use of the Products.

Silverberry Trademark
By using the service you agree with Silverberry Trademark Guidelines. To learn more about it visit Silverberry Trademark Guideline

Refund Policy
DNA Kit: In order to receive a refund for DNA Testing Kit, you must notify us within thirty (30) days of placing your order that you request a refund and confirm that you have not opened or activated the kit, you have not shipped your saliva sample to our laboratory. Following notification to us of your request for refund, you must also return the DNA Testing Kit to us within thirty (30) days of the date on which you request a refund.

Once we have confirmed receipt of your saliva collection kit within the thirty (30) day window, we will refund the balance of the total purchase price after subtracting your shipping and handling charges. We will not issue a refund if (i) you request a refund more than thirty (30) days after your order was placed, (ii) kit is not opened or activated. The paid fees will be refunded to the credit card used to place the order. To request your refund for DNA Kit, contact support@silverberrygenomix.com

Wellness Reports: Wellness Reports are a digital service and once they are generated for you, there is no rollback therefore DNA Wellness Reports are non-refundable.

DNA Kit Replacement: If your kit has been damaged during the shipment, you will notify us with a picture of damaged kit and we will send you a new kit free of charge. In case you have lost your kit, made damage to it, or didn’t follow the instructions to take the test in a ay that makes the saliva sample unusable (i.e. being contaminated), you may request a new kit. Applicable fees for a new Kit (excluding Lab and Reports Fee) will be applied to ship a new kit.

Indemnity
You agree to defend and hold Silverberry Genomix, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the TOS; or your violation of any rights of another.

If you have submitted a saliva sample or otherwise provided your own Genetic Information, you will defend and hold harmless Silverberry Genomix, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from genotyping your saliva sample and/or analyzing your Genetic Information, which is disclosed to you consistent with our Privacy Policy or results from any third-party add-ons to tools and reports we provide. In addition, if you choose to provide your Genetic and/or Self-Reported Information to third parties – whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes – you agree to defend and hold harmless Silverberry Genomix, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Genetic and/or Self-Reported Information. Any disputes will be resolved by arbitration.

Limitation of liabilities
IN NO EVENT WILL SILVERBERRY, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED IN THE SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY WEB SITES LINKED TO THE SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION, OR SERVICES FROM THE SITE OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, SILVERBERRY’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES, ITS CONTENT, OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.
TO THE EXTENT NOT PROHIBITED BY LAW, SILVERBERRY SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM DELIVERY DELAYS OR LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL UNDER ANY LIABILITY THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE. THIS DISCLAIMER INCLUDES DAMAGES RELATED TO THE SERVICE, SOFTWARE, CONTENT, OR PRODUCTS PROVIDED IN CONNECTION WITH THE USE OF SERVICE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SILVERBERRY CANNOT GUARANTEE THE SECURITY OF CONTENT SUBMITTED AND IS NOT LIABLE FOR ANY SECURITY BREACHES.

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TO THE EXTENT NOT PROHIBITED BY LAW, SILVERBERRY SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM DELIVERY DELAYS OR LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL UNDER ANY LIABILITY THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE. THIS DISCLAIMER INCLUDES DAMAGES RELATED TO THE SERVICE, SOFTWARE, CONTENT, OR PRODUCTS PROVIDED IN CONNECTION WITH THE USE OF SERVICE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SILVERBERRY CANNOT GUARANTEE THE SECURITY OF CONTENT SUBMITTED AND IS NOT LIABLE FOR ANY SECURITY BREACHES.

Disclaimer of Hyperlinks and Endorsement
The website may contain (A) content owned by third parties, and (B) hypertext links to websites owned by third parties. Silverberry provides such third party content and hypertext links as a courtesy to users and has no control over such third party content and websites referenced or made available to you on this website. Silverberry does not endorse, sponsor, recommend or otherwise accept any responsibility for such third parties, any third party content, third party websites and/or any third party goods and services described in such content or websites. Silverberry is not responsible for information, goods or services offered or provided by such third parties or for the manner in which they conduct their business.

Silverberry Statement of Limitations

DNA-based predisposition is NOT a diagnosis of a disease or condition. Predisposition risk or likelihood is a statistical measure based on the latest advances in genomics science and is provided as an additional layer of information for wellness decision-making. Silverberry recommendations fall within established non-medical guidelines for wellbeing and do not constitute medical advice. Consult with your Physician before making any major changes to your wellness or health choices.

For any further questions, contact legal@silverberrygenomix.com.