Terms of Service — Haplotype Wallet

Effective date: July 30, 2026

These Terms of Service ("Terms") are a binding agreement between you and Haplotype Labs Inc., a Delaware corporation ("Haplotype," "we," "us," or "our"). They govern your access to and use of Haplotype Wallet, also referred to as DNA Wallet, and related websites, applications, software, uploads, analyses, reports, connected-service features, collection kits, sequencing services, and support that link to these Terms (collectively, the "Services").

Please read these Terms carefully. They include important limitations concerning the Services and your genetic information. They also require most disputes to be resolved through individual binding arbitration, waive class and jury proceedings, shorten the time for bringing certain claims, and limit our liability. You may opt out of arbitration only by following the postal-mail procedure in the Arbitration section.

Agreement to these Terms

You accept these Terms when you create an account, click to accept them, upload data, activate or submit a sample, order or use a Service, or otherwise access the Services after being presented with these Terms. If you do not accept them, do not use the Services or submit a sample.

Our Privacy Policy, checkout disclosures, and any consent or notice presented for a particular collection, test, data use, research activity, or connection are incorporated into these Terms where applicable. A purpose-specific consent controls over these Terms with respect to the particular collection, use, disclosure, or sample activity it addresses.

Future clinical or healthcare services, including any physician-ordered or physician-reviewed laboratory-developed test, will be governed by separate clinical terms and consents. These Terms do not authorize or describe such a service.

Eligibility and authority

You must be at least 18 years old, legally capable of entering a binding contract, and permitted to use the Services under the laws that apply to you. The individual whose genetic or biomarker data is uploaded or whose sample is tested must also be at least 18 years old when the data or sample is provided. The Services are not offered for minors, and you may not create an account for a minor, upload a minor's data, or submit a minor's sample.

The Services are offered only in the United States. You must reside in the United States and be located in the United States when you create an account, upload or analyze data, authorize a connection, activate or submit a Sample, or order or use a paid Service. Public pages may be accessible elsewhere, but that accessibility does not mean we offer the Services outside the United States. Testing, shipping, reports, and particular features may be unavailable in some states or United States territories.

You may upload data or submit a sample relating to another adult only if that person has expressly consented and you possess all rights, permissions, and authorizations required by applicable law. You are responsible for ensuring that your upload and use of the Services comply with all applicable legal, professional, contractual, privacy, confidentiality, and research obligations. These Terms do not replace any authorization, informed consent, institutional approval, data processing agreement, or other agreement required by law or your professional duties.

If you use the Services for an employer, laboratory, research organization, medical practice, or other entity, you represent that you have authority to bind that entity to these Terms. In that situation, "you" includes both you and that entity.

The consumer Services covered by these Terms are not offered as a HIPAA-regulated clinical service, and these Terms do not make Haplotype a business associate. A covered entity or business associate must not submit protected health information for an activity that requires a business associate agreement unless Haplotype has signed a separate applicable agreement.

Your account

You must provide accurate, current, and complete account and order information and keep it updated. You are responsible for maintaining the confidentiality of your credentials, using reasonable security precautions, and all activity under your account. Tell us promptly at legal@haplotype-labs.com if you believe your account or a connected authorization has been compromised.

Do not share credentials or permit another person to impersonate you. We may require identity, authority, consent, or account verification before providing access, honoring a request, processing a sample, or disclosing information.

Your account is personal to you. You may not sell, transfer, or allow another person to take over your account without our written permission. This does not restrict your right to download or share your data or to exercise a right that cannot legally be waived.

The Services

The Services may allow you to:

Upload genetic, genomic, laboratory, wearable, health, wellness, or other biomarker files and information.
Store, organize, process, analyze, view, and download supported data.
Receive informational reports, computations, explanations, and other content.
Authorize compatible applications, AI systems, agents, or other services to access selected data or functions.
Purchase a cheek-swab collection kit and consumer whole-genome sequencing ("Consumer WGS").
Use other features that we describe when they become available.

Features, supported formats, analyses, connections, storage allocations, and availability may vary by plan, state, data type, device, and time. We may use affiliates, laboratories, hosting providers, data processors, carriers, and other contractors to provide the Services.

We may refuse an upload, order, sample, connection, or requested use when we reasonably believe it is unsupported, unsafe, unlawful, fraudulent, subject to unmet consent requirements, or inconsistent with these Terms.

Informational and nonclinical use

The upload, Wallet, and Consumer WGS Services covered by these Terms are for informational, educational, research, and wellness purposes only. They are not clinical services and are not intended to diagnose, treat, cure, mitigate, or prevent disease or to make healthcare decisions.

Haplotype does not provide medical advice through these Services. No doctor-patient, genetic-counselor-patient, or other healthcare-provider relationship is created between you and Haplotype, our personnel, or a laboratory merely because you use the Services. Reports and other content are not a substitute for professional judgment, independent confirmation, or the advice of a qualified healthcare professional.

Do not disregard professional advice, delay seeking care, change a medication, begin or stop treatment, or make reproductive or other healthcare decisions because of information from these Services. The Services are not for emergencies. Contact appropriate emergency services if you may be experiencing an emergency.

Consumer WGS may be performed by an independent laboratory that holds a CLIA certificate. A laboratory's CLIA certification applies to the laboratory and its regulated operations; it does not mean that Haplotype, the Consumer WGS service, every variant call, or any Wallet report is certified, clinically validated, or authorized for diagnosis. Consumer WGS under these Terms is not represented as a clinical laboratory-developed test.

If Haplotype later offers a physician-ordered or physician-reviewed clinical laboratory-developed test intended for healthcare use, you will be required to accept separate clinical terms, informed consent, provider notices, and applicable health-information privacy documents before using it.

Genetic and biomarker limitations

Genetic and biomarker information has inherent scientific, technical, and personal limitations. By using the Services, you understand that:

An upload may be incomplete, corrupted, mislabeled, incompatible, derived from a different genome build, or inaccurate.
Collection, transport, sequencing, imputation, variant calling, annotation, analysis, and reporting can fail or contain errors.
Some regions, variants, biomarkers, traits, conditions, ancestries, or relationships may not be detected or reported.
A reported association does not establish that you have or will develop a condition. Genetics is only one of many relevant factors.
Results can differ among laboratories, files, algorithms, populations, and scientific studies.
Scientific knowledge, classifications, reference databases, and interpretations change. We are not obligated to reinterpret or update a prior result unless we expressly offer that feature.
Results may reveal unexpected, sensitive, or distressing information, including information about health risks, biological relationships, ancestry, reproductive implications, or differences from prior results.
Information about one person may reveal information about biological relatives who did not use the Services.
Privacy and security safeguards reduce but cannot eliminate the risk of unauthorized access, disclosure, or misuse.

You are responsible for deciding whether to obtain, view, download, connect, or share information and whether to seek qualified professional support.

Data and samples provided by you

"Your Data" means genetic or biomarker files, raw sequence data, account-linked information, and other content that you or someone acting for you provides to the Services, together with individualized results generated from that information. "Sample" means saliva, cells, extracted DNA, or other biological material submitted for testing.

You represent and warrant that:

Your Data is accurate to the best of your knowledge and is associated with the correct person.
You have all rights, permissions, and consents needed to collect, possess, upload, analyze, store, connect, disclose, and delete Your Data and any Sample as directed through the Services.
Your use will not violate another person's privacy, confidentiality, intellectual-property, contractual, employment, professional, research, or other rights.
You will not submit a Sample without the adult sample provider's express consent.

You remain responsible for maintaining any original or backup copy you want to keep. The Services are not your sole archival backup.

Consumer WGS orders

Consumer WGS availability may be limited by shipping destination, laboratory capacity, applicable law, or other operational constraints. You may order for yourself or for another consenting adult who satisfies these Terms. We may limit quantities and reject or cancel an order before processing for suspected fraud, pricing or description errors, legal restrictions, supply limitations, unsupported destinations, or other legitimate business reasons.

Prices are shown at checkout and may change before an order is accepted. You authorize us and our payment processors to charge the displayed purchase price, shipping, taxes, duties, and other disclosed charges to your selected payment method. You are responsible for accurate billing, shipping, and contact information and for taxes or import charges not collected by us.

An order confirmation acknowledges receipt but does not require us to fulfill an order we cannot lawfully or reasonably process. If we cancel an order that we cannot fulfill, we will refund the amount we charged for the cancelled portion. We are not responsible for carrier delays, an incorrect address, an unclaimed delivery, customs action, or loss occurring after delivery to the address provided, except as required by law.

You may not resell a kit or purchase one for unlawful, deceptive, forensic, employment, insurance, or nonconsensual testing.

Kit activation, collection, and processing

Follow all kit instructions, including instructions concerning activation, labeling, collection, packaging, and return shipping. A kit must be activated and received by the laboratory no later than 12 months after purchase or its printed expiration date, whichever occurs first. An expired, late, damaged, mislabeled, insufficient, contaminated, or improperly collected Sample may not be processed.

Laboratory processing begins based on operational workflow and may begin before an online status changes. Once you submit a Sample for laboratory processing, you cannot ordinarily cancel the test or request return of the Sample. Samples are generally consumed, altered, combined with reagents, or otherwise made unsuitable for return during testing.

Any turnaround time is an estimate, not a guarantee. It may be affected by shipping, sample quality, reprocessing, laboratory capacity, supply availability, technical review, or events outside our reasonable control. Delay alone does not create a refund right.

Kit cancellations, failures, and refunds

You may request authorization to return an unused kit within 30 days after purchase. To qualify for an ordinary cancellation refund, the unused kit must be returned as instructed within 30 days after we authorize the return. Original and return shipping charges are nonrefundable. We may deduct unpaid shipping, taxes we cannot recover, chargebacks, or other amounts where permitted by law.

Ordinary cancellation and refund rights end when you submit the Sample for laboratory processing. If initial processing fails, we will provide one reprocessing attempt without an additional testing charge when the laboratory determines that reprocessing is technically feasible. If another Sample is needed, we will provide one replacement collection kit without an additional kit charge. The laboratory will determine the technically appropriate sequence.

If the replacement Sample also cannot be successfully processed, we will refund the test price, less original and return shipping. These reprocessing, replacement, and refund rights are your exclusive remedies for a failed kit or test, except where applicable law requires another remedy.

We may provide a refund where required by law or when we cancel an order we cannot fulfill. Except for the rights stated in this section or at checkout, fees and payments are nonrefundable.

Sample destruction and optional additional uses

Subject to retention required by law, the laboratory will destroy residual Samples and extracted DNA by default after the requested testing, quality-control work, and any applicable reprocessing are complete.

We may later offer optional sample storage, research, additional testing, or other uses. We will not enroll your Sample in such an additional use without a separate affirmative consent that describes the use. You may revoke that consent as provided in the consent and by applicable law. We will honor a valid sample-destruction request or revocation within the legally required period.

If you request destruction before testing, quality control, or reprocessing is complete, we may be unable to complete the Service. An early destruction request does not by itself create a refund right.

Subscriptions and automatic renewal

We may offer monthly, annual, or other recurring plans. A Consumer WGS kit is a one-time purchase unless checkout clearly states otherwise. Before starting a subscription, we will present the price, billing frequency, automatic-renewal terms, any trial terms, and how to cancel, and will obtain your affirmative consent as required by law.

A subscription automatically renews and your payment method is charged at the start of each renewal period until you cancel. You authorize recurring charges, including applicable taxes, at the rate disclosed at enrollment or in a later price-change notice.

You may cancel online through the same general medium used to subscribe, without being required to telephone us. Unless checkout states otherwise, cancellation takes effect at the end of the current paid period and access continues until then. Cancelling a subscription does not delete your account or Your Data.

Free or discounted trials convert to a paid subscription only as disclosed when you enroll. We will provide renewal, trial, and material-change reminders where required by law. Price changes apply to future renewals after advance notice. If you do not agree to a new price, cancel before the renewal date.

Renewal and partially used subscription payments are nonrefundable except where required by law or expressly stated when you purchase. If we terminate a prepaid subscription without user fault, we may provide a prorated refund for the unused period. We may suspend paid features if a payment fails and may use lawful means to collect amounts you owe.

Ownership of Your Data

As between you and Haplotype, you retain all rights you may have in Your Data, including uploaded DNA and biomarker files, raw Consumer WGS data, and individualized results. Haplotype does not claim ownership of your raw data or genetic facts.

You grant Haplotype a nonexclusive, worldwide, royalty-free license to host, copy, validate, format, process, analyze, transmit, display, and disclose Your Data only as reasonably necessary to:

Provide the Services and features you request.
Authenticate, secure, troubleshoot, maintain, and support the Services.
Process an order or Sample through a contracted laboratory or service provider.
Carry out a connection, download, sharing instruction, or other direction from you.
Prevent fraud, abuse, or security incidents.
Comply with law and enforce these Terms.

This operational license permits our contracted laboratories and service providers to process Your Data for the same limited purposes. It ends when the applicable data is deleted, except for inaccessible backup copies, legally required records, and processing necessary to complete deletion or enforce rights that survive termination.

You may download and lawfully share Your Data and available reports. Uploaded files, raw WGS data, and available reports may be downloaded without a separate access fee while the data remains available in DNA Wallet.

Deidentified product development and research

We may use genetic and biomarker data that has been deidentified, and aggregate insights derived from such data, for internal product development. This may include developing, validating, and improving Wallet features, reports, algorithms, analytical methods, quality controls, and models specific to Haplotype products. Resulting improvements may be incorporated into commercial Haplotype products and services.

For purposes of these Terms, deidentified data cannot reasonably be used to infer information about, or otherwise be linked to, an individual or household. We will:

Take reasonable measures to prevent association with an individual or household.
Maintain and use the information only in deidentified form.
Not attempt to reidentify it, except solely to test whether our deidentification process works.
Not use or disclose information reidentified during such a test and destroy the reidentified information when the test is complete.
Contractually require a recipient of deidentified information to maintain it in deidentified form, take reasonable measures against association, and not attempt reidentification.

We do not sell or license individual-level genetic or biomarker data. We will obtain a separate express consent before using identifiable or coded individual-level genetic or biomarker data for a secondary product-development purpose when required by law.

Participation in scientific research, disclosure to an external research collaborator, or use of genetic or biomarker data to train a third party's or general-purpose AI model requires separate affirmative consent. That consent will describe the purpose, recipients or legally permitted recipient categories, commercial involvement, and withdrawal rights. Withdrawal stops future uses where reasonably possible, but cannot retract information already incorporated into completed deidentified analyses, aggregate findings, or published research.

We may use ordinary non-genetic operational telemetry to improve reliability, usability, fraud prevention, and security.

Privacy and genetic-data consents

Our Privacy Policy explains our collection, use, maintenance, disclosure, security, retention, and deletion practices. Separate notices or consents may apply when you upload genetic data, order testing, authorize a connection, store a Sample, participate in research, or permit another secondary use.

Acceptance of these Terms does not replace a separate express genetic-data consent required by law. Where applicable, we will provide a clear and prominent notice of the specific data, purpose, access, sharing, recipient, and retention involved and obtain affirmative authorization. Consent cannot be inferred from inaction.

You may revoke a consent through the method described when it is obtained or through another legally required mechanism. We will honor revocation within the time required by applicable law, subject to processing already completed, records we must retain, and deidentified information that can no longer be linked to you.

No security program eliminates every risk. You are responsible for considering the sensitivity of data before uploading, connecting, downloading, or sharing it.

Connections, AI, and third-party services

DNA Wallet allows you to authorize compatible services of your choice. These may include applications, AI systems, agents, model providers, research tools, or other services that Haplotype has not approved, contracted with, or reviewed.

No third-party application or AI service receives Your Data by default. Before a connection first discloses genetic or biomarker data, we will ask you to authorize the named recipient, the categories or scope of data available, and the intended purpose. We will obtain separate express authorization where required by genetic-privacy law. Connections should use granular, revocable permissions and disclose only information reasonably needed for your request.

You direct and authorize each disclosure made within the scope of an active connection. Review a recipient's terms and privacy practices before connecting. Once data reaches a user-selected service:

That recipient's terms and privacy practices apply.
Haplotype may not control its retention, deletion, security, advertising, secondary use, or AI-training practices.
Revoking the Wallet connection stops future access through DNA Wallet but does not retrieve or delete copies already received.
You may need to exercise access or deletion rights directly with the recipient.

We may identify an integration as managed, reviewed, compatible, or preferred. Such a label concerns the integration as we describe it and does not guarantee the recipient's conduct, security, availability, outputs, regulatory status, or medical suitability. We may block or revoke any connection that threatens the Services, exceeds authorization, violates law, or creates a security or operational risk.

You remain free to download Your Data and provide it independently to another service. Haplotype is not responsible for a third party's use of data you directly provide to it.

Access, export, retention, and deletion

You may use available account controls to access and export Your Data. You may delete some individual Samples or request deletion of your account. Account deletion includes genetic and biomarker data associated with the account.

When you delete supported genetic data, deletion propagates to Haplotype's processing platform and removes stored genetic data and individualized derived results from active systems. We complete deletion within the time required by law and target completion from active systems within 30 days.

Encrypted backup copies may remain inaccessible until overwritten through ordinary backup rotation, targeted within 90 days. Deleted data in a backup will not be restored to active use except as necessary for disaster recovery, and will remain subject to the deletion process after restoration.

We may retain narrowly limited transaction, consent, security, fraud, audit, support, dispute, and legal-compliance records. We will not retain genetic data merely for convenience. Data already properly deidentified, such as aggregate information, and no longer linkable to a person cannot necessarily be located or deleted.

We cannot delete copies previously sent to a service you authorized. Contact that recipient to request deletion.

Only the account holder may use account controls or submit an account-level access or deletion request. This does not restrict a verified access, deletion, or other right that applicable law independently grants to another person whose data is maintained in the account. We may require verification and information reasonably necessary to protect the account holder and data subject before acting.

We may immediately preserve, suspend, restrict, or delete data where reasonably necessary to address a security threat, unlawful conduct, or legal requirement.

Acceptable use

You may use the Services only as permitted by these Terms and applicable law. You must not, and must not help another person to:

Submit data or a Sample without required authority and express consent.
Submit data or a Sample relating to a minor.
Use the Services for nonconsensual testing, surveillance, stalking, harassment, discrimination, forensic identification, or identification of criminal suspects or unidentified remains.
Use information from the Services to make decisions about another person's insurance, employment, housing, credit, education, or eligibility for a legally protected benefit.
Attempt to identify or reidentify another user or a person represented in deidentified or aggregate data.
Misrepresent identity, authority, consent, data provenance, sample identity, professional status, or affiliation.
Infringe, misappropriate, or violate privacy, confidentiality, intellectual-property, contractual, professional, research, or other rights.
Access another account, bypass access controls, probe or test vulnerabilities without written authorization, introduce malicious code, or interfere with the Services or another user.
Scrape, crawl, index, bulk download, benchmark for publication, reverse engineer, decompile, or attempt to discover source code, models, or non-public methods, except to the limited extent a restriction is prohibited by law.
Use the Services or Haplotype content to develop a competing product, train a model without permission, resell access, operate an unauthorized service bureau, or exceed documented rate or usage limits.
Remove proprietary notices or falsely imply that Haplotype endorses a product, conclusion, provider, or use.
Use the Services in violation of export controls, sanctions, consumer genetic-testing restrictions, or other applicable laws.

We may investigate suspected violations and preserve relevant records. Our decision not to enforce a restriction in one instance is not a waiver.

Haplotype technology and content

Haplotype and its licensors own the Services and associated software, interfaces, workflows, designs, documentation, text, graphics, report formats, databases, compilations, algorithms, models, and other content, excluding Your Data and third-party materials. These materials are protected by intellectual-property and other laws.

Subject to these Terms, Haplotype grants you a limited, personal, nonexclusive, nontransferable, nonsublicensable, and revocable license to access and use the Services for their intended purposes. No other right or license is granted by implication or otherwise.

If you provide feedback or suggestions, you grant Haplotype a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate that feedback without restriction or compensation. This feedback license does not authorize use of Your Data beyond the permissions stated elsewhere in these Terms.

If you believe content in the Services infringes your rights, send a detailed notice to legal@haplotype-labs.com.

Laboratories and other third parties

Independent laboratories, carriers, payment processors, cloud providers, authentication providers, analytics vendors, database publishers, and other third parties may contribute to the Services. A laboratory or vendor may be an independent entity even when Haplotype coordinates its work.

We contractually restrict service providers that handle Samples or genetic data on our behalf to the purposes required to provide their assigned services, as required by applicable law. We do not control independent scientific publications, public databases, third-party websites, user-selected services, or content they provide.

Links, citations, compatibility, or references do not constitute endorsement. Third-party products and services may change or become unavailable without our control. Your dealings with a third party are between you and that party, subject to Haplotype's own legally nonwaivable responsibilities.

Government, forensic, insurance, and employment disclosures

Haplotype will not voluntarily provide genetic or biomarker data to law enforcement, government agencies, or forensic services. Haplotype will not use the Services to identify criminal suspects or unidentified remains unless legally compelled.

We will disclose data in response to legal process only when we determine that the process is valid and binding after reviewing its validity and scope. We will seek to narrow or object to an overbroad request where reasonably and legally appropriate.

An emergency disclosure will be limited to information reasonably necessary to address the emergency.

Haplotype will not disclose genetic data directly to an employer or to an entity making health, life, disability, or long-term-care insurance decisions, except to the limited extent a disclosure is legally required and cannot be prohibited. You may download your own data and independently decide whether to provide it elsewhere, subject to applicable law.

Changes to or termination of the Services

We may add, modify, restrict, suspend, or discontinue all or part of the Services, including a feature, analysis, connection, plan, supported format, or geographic area. We do not promise to maintain a particular feature or interpretation indefinitely.

We may immediately suspend or terminate access, cancel an order, preserve data, or take other protective action for a security threat, fraud, unlawful conduct, nonpayment, serious or repeated violation of these Terms, or legal requirement. For other violations, we may provide notice and an opportunity to cure but are not required to do so.

You may stop using the Services at any time. Subscription cancellation and data deletion are separate actions as described above.

A material reduction to a prepaid Service that we terminate may result in a prorated refund unless termination resulted from your conduct. This sentence does not restrict a refund right required by law. On termination, your license to use the Services ends, but provisions that by their nature should survive will remain effective, including provisions concerning ownership, data uses already completed, payments, disclaimers, liability, indemnity, disputes, and general legal terms.

Changes to these Terms

We may update these Terms to reflect changes in the Services, law, risk, technology, or our business. Material changes will receive advance notice when reasonably practicable and will apply prospectively. We may provide notice by email, through the Services, or through a prominent website notice.

The notice will state when revised Terms take effect. Your continued use after that date constitutes acceptance of ordinary changes where permitted by law. If you do not accept a revision, you must stop using the affected Services and may exercise available export and deletion rights.

Continued use, silence, or an amendment to these Terms does not replace a separate genetic-data consent required by law. We will not use a Terms or Privacy Policy update to retroactively authorize a materially broader use of genetic or biomarker data where a new affirmative consent is required.

Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, KITS, TESTING, REPORTS, CONTENT, CONNECTIONS, AND RESULTS ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS. HAPLOTYPE AND ITS AFFILIATES, LABORATORIES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS (COLLECTIVELY, THE "HAPLOTYPE PARTIES") DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THE HAPLOTYPE PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE COMPLETE, ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS; THAT A SAMPLE OR FILE WILL BE ACCEPTED OR SUCCESSFULLY PROCESSED; THAT A VARIANT OR BIOMARKER WILL BE DETECTED, INTERPRETED, OR REPORTED; THAT A DEFECT WILL BE CORRECTED; OR THAT THE SERVICES OR RESULTS WILL MEET YOUR EXPECTATIONS OR BE SUITABLE FOR MEDICAL, PROFESSIONAL, RESEARCH, LEGAL, INSURANCE, EMPLOYMENT, REPRODUCTIVE, OR OTHER DECISION-MAKING.

An express written promise presented at purchase applies only according to its terms. Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE HAPLOTYPE PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, PROFITS, REVENUE, BUSINESS, GOODWILL, OPPORTUNITY, USE, OR EMOTIONAL WELL-BEING, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ALL HAPLOTYPE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) FIFTY U.S. DOLLARS (US$50) OR (B) THE SUBSCRIPTION FEES YOU ACTUALLY PAID TO HAPLOTYPE DURING THE THREE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM. ONE-TIME PURCHASES, INCLUDING A CONSUMER WGS KIT OR TEST, ARE NOT SUBSCRIPTION FEES AND DO NOT INCREASE THIS LIMIT.

The exclusions and limit apply collectively, regardless of the number of events, Services, parties, claims, claimants, or theories asserted, and even if a limited remedy fails of its essential purpose. The reprocessing, replacement, and refund provisions in these Terms are the exclusive remedies for a failed kit or test, except where law requires otherwise.

Nothing in these Terms excludes, restricts, delays, or limits a liability, right, penalty, forum, procedure, or remedy that applicable law does not permit the parties to waive, exclude, restrict, delay, or limit. This includes any remedy that cannot be limited under the California Genetic Information Privacy Act. If applicable law permits a limitation only to a lesser extent, the limitation will apply to the maximum extent permitted.

The warranty disclaimers and liability limitations are essential parts of the agreement between you and Haplotype.

Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless the Haplotype Parties from third-party claims, demands, proceedings, investigations, losses, damages, judgments, penalties, liabilities, and reasonable legal fees and costs arising out of or relating to:

Your Data or a Sample you provide without required rights, authority, or consent.
Your unlawful, prohibited, fraudulent, negligent, or intentional use or misuse of the Services.
Your violation of another person's privacy, confidentiality, intellectual-property, contractual, professional, research, or other rights.
Your account misuse, credential sharing, or false representation.
A user-authorized connection, disclosure, or interaction with a third-party service.
Your material breach of these Terms or applicable law.

We may assume exclusive control of the defense and settlement of a matter subject to indemnification, at your expense, and you will reasonably cooperate. You may not settle an indemnified matter in a way that admits fault by, imposes an obligation on, or fails to fully release a Haplotype Party without our prior written consent. This section does not require indemnification to the extent prohibited by law.

Informal dispute resolution

Please contact us first so we can try to resolve a concern. Before either party starts arbitration or litigation concerning any dispute, claim, or controversy arising out of or relating to the Services, these Terms, or the relationship between you and Haplotype (a "Dispute"), that party must send an individualized written Notice of Dispute and participate in a good-faith informal process for at least 60 days.

Your Notice of Dispute must be emailed to legal@haplotype-labs.com with the subject "Notice of Dispute." Our notice to you will be sent to your account email. Each notice must include:

The claimant's full name, account email, mailing address, and telephone number.
A description of the facts and legal basis of the Dispute.
The date on which the Dispute arose.
The specific relief requested.
The claimant's personal signature.

During the 60-day period, you and Haplotype will participate personally in an individual telephone or video conference if either party requests one. Counsel may also attend, but the parties themselves must participate. A separate conference is required for each claimant unless all parties agree otherwise.

This process is a condition precedent to arbitration or litigation. A court or arbitrator may enjoin or decline to administer a proceeding filed without compliance. Applicable limitation periods and arbitration filing-fee deadlines are tolled from receipt of a complete Notice of Dispute until the informal period ends.

Binding individual arbitration

PLEASE READ THIS SECTION CAREFULLY. EXCEPT FOR THE LIMITED EXCEPTIONS BELOW, YOU AND HAPLOTYPE AGREE TO RESOLVE DISPUTES THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT IN COURT. ARBITRATION DOES NOT HAVE A JUDGE OR JURY, DISCOVERY AND APPELLATE REVIEW ARE LIMITED, AND CLASS OR REPRESENTATIVE PROCEEDINGS ARE NOT AVAILABLE.

Agreement and governing law

These Terms involve interstate commerce. The Federal Arbitration Act, 9 U.S.C. §§ 1–16 ("FAA"), governs this arbitration agreement and its enforcement. Subject to the exceptions below and a valid opt-out, you and Haplotype agree that every Dispute will be resolved by binding individual arbitration.

The arbitrator will decide questions concerning the interpretation, applicability, scope, formation, validity, and enforceability of this arbitration agreement, except that a court will decide questions governing the Class Action Waiver, eligibility for small-claims court, public injunctive relief, or any issue that applicable law requires a court to decide.

Arbitration provider and procedure

After completing the informal process, a party may initiate arbitration with JAMS. The arbitration will be conducted by one neutral arbitrator under the JAMS Comprehensive Arbitration Rules and Procedures and applicable Expedited Procedures, together with the JAMS Consumer Minimum Standards when they apply. The rules are available at jamsadr.com.

The initiating party must provide the other party a personally signed demand and file it with JAMS. A demand sent to Haplotype must be emailed to legal@haplotype-labs.com. The demand and any attorney signature certify that the claims and factual contentions have a reasonable basis, are not presented for an improper purpose, and satisfy the informal process above. The arbitrator may impose sanctions available under applicable law or the governing rules for a violation.

Any hearing will occur in the county where the user resides or another mutually agreed location. Remote attendance is permitted unless the arbitrator requires otherwise. If no claim or counterclaim exceeds $25,000, the matter will be decided on written submissions unless the arbitrator determines a hearing is necessary.

The arbitration and non-public materials will be confidential to the fullest extent permitted by law, subject to disclosures necessary to conduct or enforce the arbitration or comply with law. Fees will be allocated under applicable law, JAMS rules, and consumer standards. The arbitrator may award fees or costs for a frivolous or bad-faith claim, defense, or tactic where permitted.

The arbitrator may award the individual claimant any relief that would be available in court and is not validly limited by these Terms, but only relief necessary to resolve that claimant's individual Dispute. An award may be entered in any court with jurisdiction.

If JAMS cannot or will not administer an individual arbitration, the parties will attempt to agree on a comparable provider. If they cannot agree, either party may ask a court to appoint an arbitrator as permitted by the FAA.

Exceptions

Either party may:

Bring an individual claim within the jurisdiction of a small-claims court.
Seek temporary or provisional relief from a court to preserve rights or property pending arbitration or to enforce the informal process.
Bring a court action limited to patent, copyright, trademark, trade-secret, piracy, or unauthorized-access claims.
Seek a form of relief that applicable law does not permit the parties to arbitrate or waive.

A request for public injunctive relief that cannot lawfully be waived or arbitrated will be decided by a court after the arbitrator resolves the arbitrable individual claims, to the extent a stay is permitted.

Mass arbitration

Twenty-five or more arbitration demands constitute a "Mass Arbitration" if they concern the same or similar subject matter, share common legal or factual issues, and are filed by the same or coordinated counsel or organizations. Mass Arbitrations will not be administered by JAMS. They will be administered by National Arbitration and Mediation ("NAM") under its then-current comprehensive and mass-filing supplemental rules, excluding any rule that permits class arbitration.

The parties will notify NAM that they intend to use its mass-filing procedures and cooperate in appointing a procedural arbitrator. That arbitrator may establish an efficient staged process, including representative test cases, briefing schedules, settlement conferences, and phased filing. Demands, proceedings, and fees not yet selected for a stage will be stayed until selected under that process. Administrative coordination does not consolidate the demands; each claimant must prove an individual claim and is entitled only to individual relief.

If NAM declines or is unable to administer the Mass Arbitration, it will be administered by the American Arbitration Association under its applicable mass arbitration procedures, subject to the individual-only requirements of these Terms. A court may enforce this subsection and stay demands or fees pending compliance.

Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND HAPLOTYPE MAY ASSERT A DISPUTE AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY. BOTH PARTIES WAIVE THE RIGHT TO HAVE A DISPUTE BROUGHT, HEARD, ADMINISTERED, OR RESOLVED AS A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE ACTION OR ARBITRATION. AN ARBITRATOR MAY NOT COMBINE MORE THAN ONE PERSON'S CLAIMS OR AWARD RELIEF FOR ANYONE OTHER THAN THE INDIVIDUAL CLAIMANT.

The administrative coordination authorized for a Mass Arbitration does not create a class, collective, consolidated, or representative proceeding. If a final decision holds this waiver unenforceable for a particular claim or requested relief, that claim or relief will proceed in a court of competent jurisdiction and, where permitted, will be stayed until all arbitrable individual matters are complete. If applicable law prevents severance in that situation, the arbitration agreement will not apply to that proceeding.

One-year deadline

To the fullest extent permitted by law, each party must deliver a complete Notice of Dispute within one year after a Dispute accrues. A Dispute not noticed within that period is permanently barred. This deadline does not apply where applicable law prohibits shortening the limitations period, and it does not delay or limit a right or remedy under the California Genetic Information Privacy Act.

Thirty-day postal opt-out

You may opt out of the agreement to arbitrate and the Class Action Waiver by sending a personally signed written notice by postal mail only, postmarked within 30 days after you first accept a version of these Terms containing an arbitration agreement. Address it to:

Haplotype Labs Inc.
Attn: Arbitration Opt-Out
3515 Mt. Diablo Blvd
Lafayette, CA 94549

The notice must clearly state that you opt out of arbitration and include your full name, account email, mailing address, and personal signature. Each notice may cover only one account holder. Email or any other delivery method is not a valid opt-out. Keep proof of timely mailing.

A valid opt-out applies only to the arbitration agreement and Class Action Waiver. The Informal Dispute Resolution, One-Year Deadline, governing-law, venue, jury-waiver, and other provisions of these Terms remain effective. If you validly opt out, Haplotype will not be bound to arbitrate a Dispute with you.

Governing law, courts, and jury waiver

California law governs these Terms and any Dispute, without regard to conflict-of-law principles, except that the FAA governs arbitration.

For a Dispute not required to be arbitrated, you and Haplotype consent to the exclusive jurisdiction of the United States District Court for the Northern District of California or the California state courts located in Contra Costa County. Qualifying small-claims matters may be brought in another proper venue, and this section does not override a forum right that applicable law does not permit the parties to waive.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND HAPLOTYPE WAIVE ANY RIGHT TO A JURY TRIAL IN A COURT PROCEEDING.

Assignment and corporate transactions

You may not assign these Terms or transfer an account except as expressly permitted in the Your Account section.

Haplotype may assign these Terms in connection with a merger, financing, reorganization, sale of equity, sale of assets, or similar corporate transaction, and personal data may be transferred as part of that transaction. We will provide notice before personal data is transferred or becomes subject to a different privacy policy.

If the transaction would cause Your Data to become subject to a materially different privacy policy, the notice will provide a reasonable opportunity to export or delete Your Data before the new privacy policy takes effect. This section does not authorize any use or disclosure that requires consent under applicable law without obtaining that consent.

General terms

These Terms, incorporated policies, purchase disclosures, and applicable purpose-specific consents are the entire agreement concerning the Services and replace prior agreements on the same subject. A purpose-specific consent or purchase term controls only to the extent of a conflict concerning its specific subject. Future clinical services require separate terms.

If a court or arbitrator finds a provision unenforceable, it will be enforced to the maximum lawful extent and severed if necessary, while the remaining provisions remain effective, subject to the special severability rule in the Class Action Waiver.

Our failure to enforce a provision is not a waiver. A waiver must be in writing and signed by an authorized Haplotype representative. Section headings are for convenience only. "Including" means "including without limitation."

Neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, epidemics, war, terrorism, civil disorder, labor disputes, utility or internet failures, cyberattacks, carrier disruption, government action, supply shortages, or laboratory shutdowns, except that this sentence does not excuse payment obligations or limit a right that cannot legally be waived.

There are no third-party beneficiaries to these Terms. You and Haplotype are independent parties, and these Terms do not create an agency, employment, partnership, fiduciary, or joint-venture relationship.

You consent to electronic records and communications concerning the Services. We may send operational and legal notices to your account email, through the Services, or by prominent website notice, as appropriate and permitted by law. You are responsible for keeping your contact information current.

Contact and legal notices

Questions and legal communications other than an arbitration opt-out may be sent to legal@haplotype-labs.com or:

Haplotype Labs Inc.
3515 Mt. Diablo Blvd
Lafayette, CA 94549

A Notice of Dispute must follow the Informal Dispute Resolution section. An arbitration opt-out is valid only when sent by postal mail in strict compliance with the Thirty-Day Postal Opt-Out subsection.