Service Agreement

Last updated: December 17, 2017

This Service Agreement between you – the holder of the http://www.miadna.com user account – and Rukia Management Ltd. (“Company”), the provider of the website service.

When you click the button that says I have read and agree to the Service Agreement it means that you agree to the terms in this Service Agreement as well as the Terms of Use and Privacy Policy. It also means that you have read and understand the disclosures in this Service Agreement and for the http://www.miadna.com website, and have agreed to use the Company's services.

Limitations on the scope of our services:

We may contact you via email for support and counseling and are able to communicate in English only. The technical advances in DNA analysis are proven to be continuous. If you’d like your previous sample reanalyzed at a later date (prior to the sample being destroyed by us), we will provide any possible service pending on technological limitations and capabilities.

Description of Service:

Our service provides an analysis of genetic data associated with various traits. SNP Analysis will be used to learn what your DNA says about your personal traits and genetic makeup. We do not provide medical advice.

PLEASE NOTE: COMPANY PROVIDES ALL INFORMATION FOR RECREATIONAL PURPOSES ONLY. NO PROVIDED INFORMATION OR RESULTS ARE INTENDED IN ANY WAY TO PORTRAY ANY MEDICAL OPINION, CONSULT, ADVICE, PROGNOSIS, CONCLUSION, ANALYSIS, CARE, PRACTICE OR RECOMMENDATIONS.

Submission of Sample:

A sample must be submitted to Company for our DNA analysis. Instructions will be included in the kit that we will mail you, or you may review the website for such instructions. Please read and follow these instructions carefully, as failure to do so may result in contamination of your sample. Company takes responsibility for your sample only upon arrival at our premises.

Company will confirm receipt of your specimen by email notification, and will confirm when the analysis is completed. Samples are reviewed usually within 3-4 weeks, but occasional delays may result due to unexpected backlog. All reasonable efforts will be made to process your sample in a timely manner.

Your sample will be kept at Company for a limited processing time and will be destroyed upon completion of the analysis, unless you enter into our annual storage program. Samples will not be returned to you for any reason.

It is very important that you read and follow the kit instructions. If sample collection is not completed properly, there may not be enough DNA to process or it may get contaminated upon collection. In such case, if retesting is required, you will be required to provide a new sample.

Company reserves the right to refuse service to any one for any reason. Company may refund you if service is refused, but will not issue refunds for any refusal of service due to violations caused by you.

New Users:

You agree that your use of our services is for recreational purposes only. However your privacy is of prime concern to us and you must not allow any other person access to your account or password. Any unauthorized access will require that you contact us immediately. Your use of our services for anything other than personal use is a violation of this agreement and may be subject to legal prosecution.

Submission of sample:

Upon sample submission, you are confirming that you have adhered to all aspects of all of the website’s policies, and confirm that you are the authorized individual and are legally allowed to submit such specimen.

Any fraudulent use of our services, such as submission of a sample without the owner’s consent, submission of a sample for any other reason aside from our stated personal recreational use, may be punishable as a criminal offense and may result in legal prosecution and jail time in your state.

Cancellation of Account:

You can request to have your account canceled. To prevent accounts from being accidentally or maliciously canceled, Company will ask you to confirm the cancellation request via a separate email with a “terminate account” link, which will not be executed until 60 days after initiation. Within that time period you can reactivate your account. If you choose to terminate your account, all your data will be deleted from all the operational systems and eliminated from all future backup restores of the operational systems. This will include your user name, password and any other information. If you cancel your account before the analysis is completed, Company will discard and destroy your sample and will not process it. If you cancel your account after the analysis is completed, Company will discard and destroy the data.

Viewing your results:

When your analysis results are ready, Company will send you an email with a link to a website page. There you may view or download and/or save your results as often as you wish while they are stored by Company.

Once you have downloaded the results you are responsible for all access control, storage and security of all data provided by Company, including the analysis results.

When you receive this data in electronic form, for instance, the browser, browser settings and other settings of your computer may affect your ability to receive data from Company, the security of that data, and the amount of data stored on your computer. Therefore, it is your responsibility to see that your computer is adequate and secured for this use.

Part of our service it to store your results for one (1) year from the date the analysis was completed. Company has an optional data annual storage program for long term storage for an additional fee. Company will provide 30 days notice via email of any price changes or notification of data removal. During that time you may download and backup your data or opt in for the annual storage program. If we receive no response from you within the 30 days notice, Company will remove your data from our servers.

Interpretation of genetic analysis results:

Before you access the results for any of the tested traits, you will be given information about the nature of the trait you select to test and asked if you consent to view your results.

Analysis measurement is complex; utilizes specialized materials and gathers a very large amount of data. Although Company uses state of the art genotyping technology and high quality standards, Company is providing no guarantee that the analysis measurements will be successful or provide accurate results.

http://www.miadna.com website will provide you with complex information, the accuracy of which depends, among other things, on the type of analysis ordered, the correctness of the analysis measurements, reported results in the genetic and the medical literature, publicly available reference data and analysis software.

The results provided to you by Company reflect what we believe to be the most accurate knowledge about genetic variants at any given time. Therefore, these results may change from time to time, based on updates of the Company services and the corresponding scientific knowledge and technology. Company will use commercially reasonable efforts to provide you with information on any such updates as long as Company has sufficient information to contact you and you have given Company permission to do so, but Company will have no liability if it does not provide such updates.

The results may, in some cases, only apply to certain criteria, such as race, gender, etc. Said results are only based upon known genetic analysis results at the time of our review. The analysis results may, or may not, be endorsed by the US FDA or any other worldwide regulatory agency.

Warranty and further disclaimers:

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY 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) COMPANY MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR UNFAILINGLY ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE 100% 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 (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN 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) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICES SHALL BE CONSTRUED IN ANY WAY AS MEDICAL ADVICE OR INFORMATION, OR CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE, PRIVACY POLICY OR THIS SERVICE AGREEMENT. (5) YOU SHOULD ALWAYS USE CAUTION WHEN PROVIDING ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. COMPANY DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.

Limitation of Liability:

Company assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Company website.

NEITHER COMPANY, OR ITS DIVISIONS, SUBSIDIARIES, SUCCESSORS, PARENT COMPANIES, AFFILIATES OR THEIR EMPLOYEES, PARTNERS, PRINCIPALS, AGENTS AND REPRESENTATIVES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING GENETIC SCANS IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR ANY OTHER DAMAGES ARISING OUT OF SUCH GENETIC TESTING AND RESULTS OR YOUR USE OF THE GENETIC TESTING AND RESULTS. THIS INCLUDES LIABILITY FOR PERSONAL INJURY OR DEATH.

IN NO CASE SHALL THE LIABILITY OF COMPANY, OR ITS DIVISIONS, SUBSIDIARIES, SUCCESSORS, PARENT COMPANIES, AFFILIATES OR THEIR EMPLOYEES, PARTNERS, PRINCIPALS, AGENTS AND REPRESENTATIVES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING GENETIC TESTING AND RESULTS IN CONNECTION WITH THE USE OF THIS SITE, OR ANY SNP ANALYSIS OR OTHER INFORMATION EXCEED THE AMOUNT YOU PAID FOR THE GENETIC TESTING AND RESULTS.

Jurisdiction:

As set out in the "terms of use".

Miscellaneous:

Our website policies include this Service Agreement, Terms of Use and our Privacy Policy. By using the Company website you have consented to abide by the terms of all of our policies and procedures.

We reserve the right to add, modify or otherwise update this Service Agreement at any time and in our sole discretion. Modification notices will not be emailed out. It is your responsibility to check the updated date of this policy to review any revisions or modification.

This Agreement together with Terms of Use and our Privacy Policy sets forth the entire agreement and understanding of the parties relating to services provided by Company. This Agreement may not be modified except in writing. The user represents and acknowledges that he has read and understood this Service Agreement and that he has accepted this Agreement voluntarily and without duress.