Terms of Service
Key Terms and Definition
“Geneus” or ‘’GeneusDNA’’ are operated by Geneus Genetics Co., Ltd where the business is registered at 37/1 Wachirathamsatit 51 alley, Sukhumvit 101/1 Road, Bang Chak, Phra Kanong, Bangkok, Thailand.
"Geneus Research" means scientific research that Geneus performs with the intent to publish in a scientific journal. Geneus Research only uses General, Genetic and User-Reported Information from users who have given informed consent according to the applicable Consent Document. Geneus Research activities are not inclusive of R&D.
"Product Development" means new product development activities performed by Geneus on aggregated data collected from users which can NOT be identified personally. These activities may include improving our Services and/or offering new products or services to you; conducting data analysis that may lead to commercialization with a third party.
"Service" or "Services" means Geneus’s products, hardware, software, services, and website (including but not limited to images, text, graphics, and other material and information) that can be accessed from time to time by the user, regardless of the use is in connection with an account or not.
In addition, we may also collect and hold your sensitive data such as:
Acceptance of Terms
Your use of any of Geneus's Services is the legal contract between you and Geneus written in these Terms of Service ("TOS"), these TOS apply to any use of the Services, including but not limited to
a) Submitting a saliva/buccal tissue sample for DNA extraction and processing
b) Using and/or Interacting with User-Reported Information on the Geneus website
c) Creating and using the Geneus account whether it’s free or not without providing your saliva/buccal tissue sample or Genetic Information.
In order to use the Services, you must agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by Geneus for any Service, (2) acknowledgment of the Consent Document; and/or by (3) actually using the Services. In this case, you acknowledge and agree that Geneus will treat your use of the Services as acceptance of the TOS from that point onwards. In addition, when using particular Geneus Services, you shall be subject to any guidelines or rules applicable to such services that may be posted, revised, and/or changed from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. When any such change and/or revision are made, we will provide notice as described in this TOS. Geneus also may offer other services from time to time that are governed by different terms of service.
1. Whether you submit your own saliva/buccal tissue sample, a saliva/buccal tissue sample for anyone for whom you have the legal authority to agree, or otherwise provide your own Genetic Information, you may not use the Services and may not accept the TOS if (1) you are not of legal age to form a binding contract with Geneus, or (2) you are a person who is not allowed from receiving the Services under the laws of the jurisdiction in the country which you reside.
2. In addition to the conditions above, if you contribute or otherwise provide your own Genetic Information, you must be twenty (20) years of age or older to agree to these TOS on behalf of yourself or those for whom you have the legal authority to agree.
3. If your use of the Services includes creating a Geneus account, without submitting a saliva sample or otherwise providing Genetic Information, you must be thirteen (13) years of age or older to use the Services and accept the TOS.
The Services include access to the Geneus’s Website and personal genetic testing services, including the collection, processing, extraction, and analysis of your saliva/buccal tissues sample and also your Genetic Information. Unless stated otherwise, each new feature that is added or enhanced to the current Service will be subject to the TOS. 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 used and/or performed by Geneus at the time of the purchase or viewing. As research and scientific knowledge and technology are always progressing and evolving, Geneus is continually innovating to provide the most possible information to its users. You acknowledge and agree that the Services which Geneus provides may change from time to time without prior notice. As part of the science continues evolving, you acknowledge and agree that Geneus may stop (permanently or temporarily) providing some Services (or some features within the Services) without prior notice. You may stop using the Services at any time. You do not have to inform Geneus when you stop using the Services unless you request the closure of your account. Geneus has no responsibility for the use of Services that are unapproved in TOS or other applicable terms.
Risks and Considerations Regarding Geneus Services
1. Limitations - Genetic Information is subject to significant limitations, and you rely on information provided by Geneus, Geneus’s employees, and others that appear on Our Site at your own risk.
2. Only a small selection of genetic variants specifically associated with wellness traits that we provide the services. The scientific and research community is still learning more about genetics, and one of our missions is to contribute to this research. Additionally, many ethnic groups differ and/or are not included in many genetic studies. As our services interpret Genetic Information and rely on these published studies, some of the interpretations that we provide may not be applicable to you. In addition, future genetic research may change how DNA is interpreted by Geneus. In order to expand and accelerate the understanding of genetic knowledge in health care, we invite all genotyped users to participate in Geneus Research. Participation in such research is voluntary and based upon a consent document.
3. Geneus does not guarantee the effectiveness of any specific course of action, procedures, opinions, or other information that may be mentioned on Our Site. If we provide recommendations on what might work for you based on Genetic and User-Reported Information or scientific research, this is for informational and educational purposes only. Geneus is not a healthcare provider, and no medical advice is provided. Nothing contained in the Services should be assumed as such advice or as a diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. Your use of the Services does NOT create a Doctor-Patient relationship between you and Geneus.
4. Lifestyle behaviors should not be changed solely based on the information from Geneus. You should discuss your Genetic Information with a healthcare professional or physician before acting upon data provided by Geneus services. There are other factors besides genetic markers involved such as environmental factors and lifestyle choices, which also affect wellness traits.
5. Learning about one’s Genetic Information is not for everybody. In some cases, Genetic Information may provide knowledge and information that may induce stress and strong emotion and has the potential to alter your worldview. You should consider the impact the information may have on you before using the Services provided by Geneus.
6. You should understand that as scientific research advances, additional services from Geneus and/or from a healthcare professional might be needed to evaluate and understand the meaning of one’s DNA. In many cases, the analysis of your Genetic Information is based on correlations between certain genetic markers and different characteristics. Genetic Information often cannot provide conclusive information about the interaction between certain genes and environmental factors, which can significantly change a particular outcome.
7. During the course of the Services, we collect information on a large number of single nucleotide polymorphisms (SNPs). As a company, we focus on our analysis and reporting on information services related to the relationship between genetic markers and traits which means, in some reports, products, and/or services, some SNPs related to the Service you use are chosen to be analyzed by Geneus’s algorithms. This may cause additional charges if you need the full course of our services and you may contact us directly.
8. Sharing Genetic Information - Genetic Information you share with others such as companies, family, friends, or employers should be done with caution. Nowadays, very few businesses or insurance companies request genetic information. We can guarantee that your Genetic Information on our system is secured against those insurance companies. But if you receive the Services via hospital and/or clinic, the securities may not be guaranteed. Furthermore, Genetic Information that you choose to share with your physician or other health care provider apart from our health coaches may become part of your medical record and through that route be accessible to other third-party healthcare providers and/or insurance companies in the future. Choosing to share Genetic Information with these insurance providers is done at your own risk and if in doubt, should be discussed with a legal professional to understand the legal protections when sharing Genetic Information before disclosure.
9. The technology used by Geneus, which is also used by the research community, has not been used for clinical testing. To speed the understanding and the applications of genetic knowledge for clinical use, we may invite Users to voluntarily consent to participate in Geneus Research.
By using Geneus Services, you acknowledge, accept, and represent as follows:
1. You understand and accept that information you receive from Geneus is not intended to diagnose, prevent, or treat any condition or disease or to show the current state of your health without medical and clinical information.
2. You understand that the Geneus services are intended for research, informational, and educational purposes only, and that while Geneus information might point to a diagnosis or to a possible treatment, it should be also confirmed and supplemented by additional medical and clinical testing information. You acknowledge that Geneus advises and recommends you to seek the advice of your physician or other health care provider if you have any concerns regarding your Genetic Information.
3. You completely give permission to Geneus, its contractors, and assignees to perform genotyping services on the DNA extracted from your saliva/buccal tissue sample and you request Geneus to disclose the results from your DNA analysis to you and to others specifically authorized by you.
4. You represent that you are at least twenty (20) years of age or older when you provide a saliva/buccal tissue sample and/or access your Genetic Information. If you are a customer outside Thailand, this condition can be applied to the laws of the jurisdiction of your country you reside.
5. You are warranting that any sample you provide is your saliva/buccal tissue; if you are accepting these TOS on behalf of a person for whom you have legal authorization and/or legal representation, you are confirming that the sample provided will be the sample of that person.
6. If you are a customer outside Thailand providing a saliva/buccal tissue sample, you guarantee that this act is not subject to any export ban or restriction in the country in which you are a resident.
7. You agree that any saliva/buccal tissue sample you provide and all data from the Services may be transferred and/or processed outside the country in which you reside.
8. You are guaranteeing that you are not an insurance company or an employer trying to obtain Genetic Information from the insured person or an employee.
10. Waiver of Property Rights: You understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you have no rights in any research or commercial products that may be developed by Geneus or its collaborating partners. You understand and accept that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or User-Reported Information.
You acknowledge and agree that you have the authority, under the laws of the jurisdiction in the state or country you are resident, to provide these representations. In case of any breach of these representations, Geneus has the right to suspend or terminate your account and refuse any and all current or future use of the Services and you will defend and indemnify Geneus and its affiliates and collaborating partners against any liability, costs, or damages arising from any breach of the representation.
Login credentials, Passwords, and Security Obligations
In consideration of your use of the Services, you agree as follows:
1. Provide true, accurate, current, and complete General Information about yourself or the person you have legal authorization as
2. Maintain and promptly update the General Information to keep it true, accurate, current, and complete. If you provide any General Information that is untrue, inaccurate, not current, or incomplete, or if Geneus suspect that such information is untrue, inaccurate, not current, or incomplete, Geneus has the right to suspend or terminate your account and refuse any use of the current or future Service.
3. You are fully responsible for maintaining the confidentiality of your login credentials(i.e. password and account) and are responsible for all activities that occur under your password or account. If you allow third parties to access Geneus's website through your username and password, you will defend and indemnify Geneus and its affiliates and collaborating partners against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties which relate to such access and use. You agree to (a) immediately notify Geneus of any use of your password or account that has not been authorized by you. (b) Be sure to exit from your account at the end of each session. Geneus cannot and will not be responsible for any loss or damage arising from not following this Section.
You may not use the Services if you disagree with the Privacy Statement. You can acknowledge and agree to the Privacy Statement by (a) accepting t to the Privacy Statement which is made available to you by Geneus for any Service, or by (b) actually using the Services.
Information Posted Through The Service
Geneus will not control any of the User Content posted through the Service and does not guarantee the accuracy or quality of any User Content that is not non-Geneus content. You agree that you may expose to content that is offensive and indecent by using the Services. Under no circumstances will Geneus has responsibility for any non-Geneus content, including, but not limited to, any errors in any such content, or for any loss or damage as a result of the use of any such content posted, emailed, or shared through the Services.
You acknowledge that Geneus has the right in their sole discretion to review, filter, modify, or refuse any content that is available through the Services. Geneus has the right to remove any content that Geneus has a reasonable ground to suspect that it violates the TOS, in its sole discretion. You acknowledge and agree that you bear all risks associated with the use of any content.
Material Provided to Geneus - Your Proprietary Rights
No Resale of Service
Other than pursuant to the terms of the Limited License that are described previously in this TOS or unless otherwise agreed in a separate agreement between you and Geneus and/or Geneus’s partner, you agree not to distribute, copy, sell, resell, perform, publish, reproduce, duplicate, modify, and/or create for any commercial purposes, all or any part of the Service.
Modifications to Service
Geneus reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services(Full and/or partial)with or without notice. You acknowledge and accept that (1) modifications can result in a delay in computations for some of the Geneus Services, and (2) Geneus shall not be liable to you or to any third party for any modification, discontinuance of the Services.
The Software that you use may automatically download from time to time and install updates from Geneus. These updates are designed to enhance the Services. You agree to receive such updates (and permit Geneus to deliver these to you) as part of your use of the Services.
You acknowledge and accept that Geneus may offer additional technologies to collect and/or interpret Genetic Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for the collection or interpretation of your Genetic Information without fee, and that you will have to pay additional charges in order to use any future or additional technologies or features.
The TOS will apply until terminated by either you or Geneus as described in this Section.
If you wish to terminate your legal agreement with Geneus, you may do so by notifying Geneus in writing, and closing your accounts for all of the Services that you use. Your notice should be sent to Geneus's address, which is described in the Notice section. You can also terminate your account online via Customer Care. If you provide notice online, Geneus will send you an email asking you to confirm your request, and your notice will be effective after a second email confirmation from you.
Geneus can at any time, terminate its legal agreement with you, your password, and your account(s) if:
(1) you have violated any provision of the TOS or have acted and/or shown that you do not intend to, or are unable to comply with, the provisions of the TOS);(2) Geneus is required to do so by law; (3) the partner with whom Geneus offered the Services to you has terminated its relationship with Geneus or stopped Services to you; (4) Geneus is no longer providing the Services to users in the country or state in which you reside; (5) the provision of the Services to you by Geneus is, in Geneus's opinion, no longer commercially viable.
Any suspected fraudulent activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and accept that Geneus has no liability to you or any third party for terminating your use of the Services.
Survival of Terms
Termination of the TOS or a User account will not affect any existing obligations of the User to Geneus, nor will it affect any rights or remedies of the parties that have accrued up to the termination.
Hyperlinks and the Geneus Website
You acknowledge and accept that Geneus will not be responsible, directly or indirectly, for any damage or loss caused by the use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
Geneus's Proprietary Rights
You acknowledge and agree that Geneus (or Geneus's licensors, as applicable) own all legal rights, titles, and interest in and to the Services, including any intellectual property rights (including but not limited to patents). You further acknowledge that the Services may contain confidential information by Geneus and that you shall not disclose such information without Geneus's prior written consent.
You further acknowledge and agree that the Services and any software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as completely authorized by Geneus, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, or otherwise attempt to extract the source code of the Services or Software in whole or in part. Software that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of Geneus. Your use of the Software is governed by the terms of the end user license agreement which accompanies the Software ("License Agreement").
Geneus Co.,ltd, Geneus, and other Geneus logos and product and service names are trademarks of Geneus, and these marks together with any other Geneus trade names, service marks, logos, domain names, and other distinctive brand features are the "Geneus Marks". Unless you have agreed otherwise in writing with Geneus, nothing in the TOS gives you a right to use any Geneus Marks and you agree not to display, or use them in any manner. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.
You agree not to modify the Software in any manner or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service in any manner other than through the interface that is provided by Geneus and its partners. Any rights not expressly granted herein are reserved.
Disclaimer of Warranties
YOU COMPLETELY ACKNOWLEDGE AND AGREE AS FOLLOWS
1. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. GENEUS COMPLETELY 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. GENEUS MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED 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 SOLE 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. YOU SHOULD ALWAYS BE CAUTIOUS WHEN SHARING ANY PERSONAL INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. GENEUS DOES NOT CONTROL ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, GENEUS SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION THROUGH THE SERVICES.
Limitation of Liability
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU COMPLETELY ACKNOWLEDGE AND AGREE THAT GENEUS HAS NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF GENEUS HAS BEEN ADVISED REGARDING THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM AS FOLLOWS:
1. INABILITY TO USE THE SERVICES
2. ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES
3. YOUR FAILURE TO KEEP YOUR LOGIN CREDENTIALS SECURE AND CONFIDENTIAL,
4. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
5. THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY
6. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
We, Geneus, may notify you via either email or regular mail. Geneus may also provide notices of changes to the TOS or other matters by displaying notices or links on its website or through the Services.
Official notices which relate to this TOS must be sent to:
Geneus Genetics Co., Ltd
37/1 Soi Wachirathamsatit 51
Sukhumvit 101/1 Road
Bang Chak, Phra Kanong
In addition, Geneus accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
Changes to the Terms of Service
Geneus can make changes to the TOS from time to time. When these changes are made, Geneus will make a new copy of the TOS update on its website. Any new additional terms will be made available to you from or through the Services.
You understand and agree that if you use the Services after the date on which the TOS was changed, Geneus will treat your use as acceptance of the updated TOS.
Violation or Suspected Violation of Terms of Service
If you violate any terms in the TOS and/or Geneus has a reason to suspect that you have violated the terms of these TOS, Geneus has the right to suspend or terminate your account and refuse any future and current use of the Services.
The TOS represents the entire agreement between you and Geneus that govern your use of the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
Any disputes with Geneus arising from the Agreement ("Disputes") shall be governed by Thailand law regardless of your country of origin or where you access Geneus. Any conflicts and Disputes will be resolved by arbitration under the rules of Arbitration Act Thailand, to be held in Bangkok, Thailand, in Thai, with written reasons issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by the party that ultimately loses.
A printed version of this agreement and/or any notice in electronic form shall be admissible in judicial or administrative proceedings based upon this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
We have the right to modify, supplement or replace the Term of Service agreement, effective upon posting at www.GeneusDNA.com or notifying you otherwise. If you do not agree with any changes, you can terminate the Agreement at any time as mentioned in ‘Termination’ section.
You may not assign or delegate any rights or obligations under this Agreement. Any assignment and delegation shall be ineffective. We can freely assign or delegate all rights and obligations under the Agreement, fully or partially without notifying you. We can also substitute Geneus for any third party that assumes our rights and obligations under this Agreement.