Terms and Conditions

Please read these Terms and Conditions carefully before using Gencove's services. By accessing our website, creating an account, purchasing a kit, or submitting a sample for processing, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, do not use our Services.

1. Agreement and Acceptance

These Terms and Conditions constitute a binding legal agreement between you and Gencove, Inc. ("Gencove," "we," "us," or "our") governing your access to and use of Gencove's website, platform, genomic testing kits, and any related services (collectively, the "Services"). By creating an account, placing an order, activating a kit, or submitting a sample, you acknowledge that you have read, understood, and agree to be bound by these Terms.

These Terms are in addition to, and incorporate by reference, Gencove's Privacy Policy (available at Privacy Policy), which governs how we collect, use, and protect your personal information, including your genetic data. To the extent of any conflict between these Terms and the Privacy Policy with respect to the handling of personal information, the Privacy Policy controls. These Terms are not intended to, and do not, duplicate or supersede the Privacy Policy.

2. Eligibility

The Services are intended for individuals who are 18 years of age or older. By using the Services, you represent and warrant that you: (a) are at least 18 years of age; (b) have the legal capacity to enter into a binding agreement; (c) are not located in a jurisdiction where use of the Services is prohibited by applicable law; and (d) will use the Services solely for lawful purposes and in accordance with these Terms. We do not knowingly provide Services to individuals under the age of 18.

3. Services

Gencove provides direct-to-consumer genomic testing and analysis services. Upon purchase, you will receive a sample collection kit containing instructions and materials for collecting your biological sample. Your sample will be analyzed by or on behalf of Gencove to generate genomic data and reports ("Results"), which will be made available through your account. Gencove reserves the right to modify, update, discontinue, or limit access to any aspect of the Services at any time.

Disclaimer. All Results are provided for informational and wellness purposes only. Gencove is not a medical provider, and nothing in the Results or through the Services constitutes medical advice, diagnosis, prognosis, or treatment recommendation. Results should not be used as a substitute for professional medical judgment. You agree to seek the advice of a qualified healthcare professional before making any health-related decisions based on your Results.

4. Account Registration

To use the Services, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at support@gencove.com if you become aware of any unauthorized access to or use of your account. Gencove will not be liable for any loss arising from unauthorized use of your account credentials.

You may not share your account with, or transfer your account to, any other individual. Accounts may not be registered on behalf of third parties without their explicit, prior consent. Gencove reserves the right to suspend or terminate accounts that are shared, transferred, or otherwise used in violation of these Terms.

5. Orders, Payment, and Refunds

(a) Orders. All orders are subject to acceptance by Gencove. We reserve the right to refuse or cancel any order at our sole discretion, including in cases of suspected fraud or policy violations.

(b) Pricing. Prices for Services are as displayed on our website at the time of purchase and are subject to change without notice. All prices are stated in U.S. dollars.

(c) Payment. Payment is due in full at the time of order. You represent and warrant that you are authorized to use the payment method provided and that the billing information you supply is accurate.

(d) Taxes. You are responsible for all applicable sales, use, or other taxes or governmental fees imposed on your purchase by any federal, state, local, or foreign government authority.

(e) Refunds and Cancellations. You may cancel your order and receive a full refund prior to shipping your kit. Once your kit has been shipped to our laboratory service provider, your order is non-refundable except as required by applicable law. If your sample cannot be processed due to insufficient quality or quantity through no fault of your own, we will offer you a replacement kit at no additional charge or a refund at our discretion. Shipping costs are non-refundable. Refund requests should be directed to support@gencove.com.

6. Sample Collection and Processing

(a) Sample Collection. Your kit will contain detailed instructions for collecting your biological sample ("Sample"). You are responsible for following all collection instructions carefully. Improper collection may result in sample failure and an inability to generate Results.

(b) Submission to Service Lab. Once you have collected your Sample, you will ship it directly to a third-party clinical or genomic laboratory service provider engaged by Gencove (each, a "Service Lab"). Your Sample is physically received and processed by the applicable Service Lab, not by Gencove directly. By activating your kit and submitting your Sample, you consent to the transfer of your Sample to the designated Service Lab for DNA extraction, library preparation, sequencing, quality control, and related genomic processing performed on Gencove's behalf.

(c) Service Lab Standards. Gencove requires its Service Labs to maintain appropriate confidentiality, data security, sample integrity, and quality standards and to comply with all applicable laws and regulations in connection with the processing of Samples. Gencove does not, however, assume responsibility for the independent acts or omissions of Service Labs beyond the exercise of commercially reasonable oversight and contractual controls.

(d) Your Representations Regarding Samples. By submitting a Sample, you represent and warrant that: (i) the Sample is your own biological material, lawfully collected with your full, informed consent; (ii) you have complied with all applicable laws and regulations in connection with the collection and submission of your Sample; and (iii) the Sample does not belong to any third party who has not independently provided informed consent for genetic testing.

(e) Failed Samples. If your Sample cannot be processed due to factors beyond your control, Gencove will provide a replacement kit at no additional charge. If processing failure results from your failure to follow kit instructions, a replacement kit may be made available at a reduced rate.

(f) Shipping. Shipping costs, including outbound kit delivery and return of your Sample, are passed through at cost and will be reflected in your order total at checkout. You are responsible for properly packaging and shipping your Sample in accordance with the instructions included in your kit and any applicable regulations governing the transport of biological materials. Gencove is not responsible for loss or damage to Samples during shipping.

7. Results and Limitations

(a) Not for Clinical or Diagnostic Use.

The Results provided through the Services are not intended for use in clinical diagnosis, medical treatment, or healthcare decision-making, and must not be used for those purposes. Many findings reported through the Services have not been clinically validated for diagnostic use, and the testing technology employed may not be broadly adopted in clinical healthcare settings. You agree that you will not use your Results for clinical or diagnostic purposes without first consulting a qualified healthcare provider.

(b) Technology Updates. Gencove may update its analytical methods, reference populations, databases, and reporting algorithms at any time without prior notice to you. Updated analyses may yield Results that differ from prior reports. Gencove does not guarantee that prior Results will remain accessible indefinitely.

8. Sample and Data Retention; Destruction

(a) Sample Retention and Destruction. Physical Samples will not be saved and will be destroyed by the applicable Service Lab after a period of 180 days, or such shorter or longer period as required by applicable law, unless you request destruction of your physical Sample at any time by contacting us at support@gencove.com. Upon receipt of a valid request, Gencove will use commercially reasonable efforts to cause the applicable Service Lab to destroy your Sample within thirty (30) days. Sample destruction is irreversible and may limit your ability to request re-analysis or access certain future Services that require access to your original Sample.

(c) Genomic Data. Retention, deletion, and your rights with respect to your genomic data and Results are governed by the Privacy Policy. Please review the Privacy Policy for detailed information.

9. Intellectual Property

(a) Gencove Ownership. The Services, including all software, content, reports, designs, user interfaces, and proprietary algorithms ("Gencove IP"), are and remain the sole and exclusive property of Gencove and its licensors. No rights in Gencove IP are transferred to you by these Terms, except for the limited license described below.

(b) License to You. Subject to your ongoing compliance with these Terms, Gencove grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Services solely for your own personal, non-commercial purposes.

(c) Your Data and Results. You retain ownership of your personal genetic data and Results. You may download copies of your Results for personal use. You may not use your Results or any information obtained through the Services for commercial purposes without Gencove's prior written consent.

(d) License Grant to Gencove. You grant Gencove a worldwide, royalty-free license to use, reproduce, modify, and analyze Results that have been de-identified or aggregated in accordance with the Privacy Policy, solely to develop, improve, and validate Gencove's products, services, and scientific methods. This license does not authorize Gencove to re-identify you personally or to share individually identifiable genetic information with third parties except as described in the Privacy Policy. Notwithstanding the foregoing, you may request deletion of your Results at any time in accordance with the Privacy Policy, and upon such deletion Gencove's license to use your individually identifiable data will terminate, provided that Gencove may retain de-identified or aggregated data derived from your Results as permitted herein.

(e) Feedback. If you provide Gencove with feedback, suggestions, or ideas about the Services, you grant Gencove an unrestricted, royalty-free, perpetual license to use that feedback for any purpose, without obligation or compensation to you.

10. Privacy

Your privacy is important to us. Gencove's collection, use, and disclosure of your personal information, including genetic data, is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the data practices described in the Privacy Policy. If you have questions about how your information is handled, please review the Privacy Policy or contact us at support@gencove.com.

These Terms are not intended to, and do not, govern the handling of your personal data. In the event of any conflict between these Terms and the Privacy Policy regarding the treatment of personal information, the Privacy Policy controls.

11. Disclaimer of Warranty; Limitation of Liability

(a) Warranty Disclaimer.

Except as expressly stated in these Terms, Gencove makes no warranties of any kind, express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, accuracy, title, or non-infringement. The Services, kits, and Results are provided "as is" and "as available." Gencove does not warrant that the Services will be uninterrupted, error-free, or free of harmful components, or that Results will be complete, accurate, or suitable for any particular purpose. Your exclusive remedy for dissatisfaction with the Services is to stop using the Services and, where applicable, request a refund in accordance with Section 5(e).

(b) Limitation of Liability.

To the maximum extent permitted by applicable law, Gencove and its affiliates, officers, directors, employees, agents, Service Labs, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation damages for loss of profits, loss of data, loss of samples, personal injury, or emotional distress, arising out of or related to your use of or inability to use the Services, even if Gencove has been advised of the possibility of such damages.

(c) Liability Cap.

To the maximum extent permitted by applicable law, Gencove's total cumulative liability to you for all claims arising out of or related to these Terms or the Services, whether in contract, tort (including negligence and product liability), or otherwise, shall not exceed the total amount paid by you to Gencove for the specific Services giving rise to the claim in the twelve (12) months preceding the event giving rise to such liability.

(d) Essential Basis.

The foregoing limitations reflect a fair allocation of risk and are an essential element of the basis of the bargain between Gencove and you. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above limitations may not apply to you to their full extent.

12. Indemnification

You agree to indemnify, defend, and hold harmless Gencove and its affiliates, officers, directors, employees, agents, and Service Labs from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Services; (b) your violation of these Terms or any applicable law or regulation; (c) any representation or warranty made by you that proves to be false or inaccurate; or (d) your negligence or willful misconduct.

13. Force Majeure

Gencove shall not be liable or responsible to Customer, nor be considered to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any provision of this Agreement to the extent such failure or delay is caused by or results from any act, circumstance or other cause beyond the reasonable control of Gencove, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either Party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable technology or components, telecommunication breakdown, or power outage.

14. Termination and Account Closure

(a) By You. You may close your account and terminate your use of the Services at any time by contacting us at support@gencove.com or through your account settings. Closing your account does not entitle you to a refund except as set forth in Section 5(e).

(b) By Gencove. Gencove may suspend or terminate your account and access to the Services immediately and without prior notice if: (i) you materially breach these Terms and, where curable, fail to cure the breach within ten (10) days after written notice from Gencove; (ii) we are required to do so by law or court order; or (iii) continued provision of the Services poses a legal, regulatory, or business risk. Where practicable, Gencove will provide advance notice of termination.

(c) Effect of Termination. Upon termination or account closure, your license to use the Services will immediately terminate and you must cease all use. Sections 6(d), 7, 9, 10, 11, 12, 15, 16, and 17 will survive any termination of these Terms. For information on the treatment of your data following account closure, please see the Privacy Policy.

15. Dispute Resolution

(a) Informal Resolution. Before initiating any formal proceeding, you agree to contact Gencove at support@gencove.com with a written description of your dispute, the relief sought, and your contact information. The parties will attempt to resolve the dispute informally for at least thirty (30) days from the date of written notice before either party may initiate formal proceedings.

(b) Binding Arbitration. Except for disputes that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally shall be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, rather than in a court of law. The arbitration shall take place in New York, New York, or via remote hearing by mutual agreement. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

(c) Class Action Waiver.

You and Gencove agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class action, collective action, or representative proceeding. The arbitrator may not consolidate more than one person's claims.

(d) Jury Trial Waiver.

Each party irrevocably waives, to the fullest extent permitted by applicable law, any right to a trial by jury in any action or litigation arising out of or related to these Terms or the Services.

16. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded and does not apply to these Terms. Any dispute not subject to arbitration under Section 16 shall be litigated exclusively in the state or federal courts located in New York County, New York, and each party hereby consents to personal jurisdiction and venue in those courts.

17. General Provisions

(a) Entire Agreement. These Terms, together with the Privacy Policy and any additional terms applicable to specific features or promotions you use, constitute the entire agreement between you and Gencove with respect to the Services and supersede all prior or contemporaneous agreements, representations, and understandings.

(b) Modification. Gencove may revise these Terms from time to time. When we make material changes, we will notify you by email or through a prominent notice within the Services prior to the changes becoming effective. Your continued use of the Services following the effective date of revised Terms constitutes your acceptance of those changes.

(c) Assignment. Gencove may assign these Terms and its rights hereunder, in whole or in part, in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its assets, without your prior consent. You may not assign these Terms or your account to any third party without Gencove's prior written consent.

(d) Severability. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions will continue in full force and effect.

(e) No Waiver. Gencove's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision with respect to any subsequent breach.

(f) Independent Contractors. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, franchise, or employment relationship between you and Gencove.

(g) Contact. If you have questions or concerns about these Terms, please contact us at: Gencove, Inc., 30-02 48th Avenue, Suite 370, Long Island City, NY 11101, support@gencove.com.