TERMS OF SERVICE
We reserve the right to revise these Terms in our sole discretion at any time and without prior notice to you other than by posting the revised Terms on our Site. Revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. Your continued use of our Site after a revised version of these Terms has been posted on our Site constitutes your binding acceptance of the revised Terms from and after the date of such revision.
If you wish to use the Site on behalf of a company, entity or organization (each, a ‘Subscribing Entity’), then you represent and warrant that you: (a) have the authority to bind such Subscribing Entity to these Terms and (b) agree to be bound by these Terms on behalf of such Subscribing Entity.
Aggregated Genetic and Reported Information: Genetic and Reported Information that has been combined with that of other users’ pets and analyzed or evaluated as a whole, such that no specific pet may be reasonably identified.
‘Pawomics’, ‘we’, ‘us’ or ‘our’: Pawomics by Funomics Global Inc.
Genetic Information: Information regarding your pet’s genotype (i.e., collection of genes) and epigenetic information obtained through processing and analysis of your pet’s saliva, urinary, feces, skin cells, hair or blood by us or our contractors, successors and assignees.
At-home DNA Kit and Subsrciption Services means our service of collecting, processing, reviewing, and reporting Genetic Information, including all Pawomics Services.
Personal Information: Information, such as name and address, that can be used to identify you, either alone or in combination with other information.
Reported Information: Information about your pet that you enter into surveys, forms or features while signed into your account on our Site, including any veterinary information provided by you or your veterinary care or dog services provider(s).
Services: Our products, software, services, Site, and/or Apps.
Site: pawomics.com and its subdomains.
Terms: These Terms of Service, which are a legally binding agreement that governs your access to our Services.
User Content: Data, including pictures, descriptions, and information, that you upload, post, email, or otherwise transmit via the Service. User Content also includes your responses or reactions to content from Pawomics or from other users’.
‘You’ or ‘your’: You.
2. OUR SERVICES
At-home DNA Kit and Subsrciption Services: If you purchase our ‘Subscription Services,’ we will send you a kit for collecting and sending to us a sample of your pet’s saliva/urine/skin cells/hair/feces. We will analyze the DNA in that sample to provide you with your pet’s Genetic Information. No samples that you send to us will be returned to you.
Upon purchasing a test kit, your ability to redeem the kit for the purchased At-home DNA Kit and Subsrciption Services does not expire; however, the swabs contained within the test kits have a limited shelf life and all samples must be received by Pawomics for testing within 24 months following the date of purchase (the “Sample Expiration Date”). If the Sample Expiration Date has passed and you have not mailed your sample back to us, you may request a replacement test kit that will be sent to you for a nominal re-shipment fee (to cover our shipping and handling costs). Pawomics is not obligated to process samples or otherwise provide At-home DNA Kit and Subsrciption Services collected from samples received by us after the Sample Expiration Date or collected without the use of the provided Pawomics DNA kit. Your sole remedy (and Pawomics’ sole obligation to you) in the event your sample is not received by us before the Sample Expiration Date is replacement of the test kit. If you do not request a replacement test kit or choose not to accept a replacement test kit, Pawomics shall have no further obligation to provide the At-home DNA Kit and Subsrciption Services to you.
Our Site and/or Apps provide you with the opportunity to create an account, provide your pet’s data, and review and analyze information relating to your pet’s Genetic Information. We do not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, veterinarians, nutrition specialists, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our Site or Apps. Such information is provided for informational purposes only, and for discussion with your veterinarian. You may also be provided the opportunity to provide records from your pet’s veterinarian and/or other pet service providers you use. Providing that information is optional and may or may not be used to enhance your experience, provide you additional services, and/or conduct research.
Unless you elect not to participate by deselecting the appropriate option when establishing your account, we will use your pet’s Genetic Information to conduct scientific research, to expand the understanding and practical application of genetic knowledge in veterinary care and dog wellness generally.
Personalized Experiences. We will also use your pet’s Genetic Information and/or Reported Information to provide educational materials and/or product recommendations.
By providing your applicable contact information to Pawomics (or other entities collecting the information on behalf of Pawomics), you agree to receive emails, text messages from us regarding our Services. We may from time to time send you text or email messages with information about your use of our Services. You may opt-out from receiving our newsletter by selecting to unsubscribe as may be provided in the applicable email or text correspondence.
Our Services are for research, informational, and educational use only. Any information you obtain from our Services is not designed to diagnose, prevent, or treat any condition, diseases or state of health. We encourage you to speak with a veterinarian regarding the meaning of your pet’s Genetic Information or any questions that arise from your use of our Services.
We may alter, suspend, or discontinue our Services in whole or in part, at any time and for any reason, without notice. Our Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. In order to use our Services, you must have a computer pr mobile device with Internet access that can access our Site.
When using our Services, your telecommunications carrier’s normal rates and charges apply. We are not responsible for any charges you incur from your telecommunications carrier as a result of use of our Services. You are responsible for ensuring that, at all times while using our Services, you are not in violation of your agreement with your telecommunications carrier.
3. LOGIN CREDENTIALS
Payment. You agree that we may charge your payment method for any Services you purchase or subscribe to and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account associated with your Login Credentials (as defined below). All payments must be made in Canadian Dollars unless otherwise indicated by Pawomics at the point of sale.
Return/Refund Policy. You may return your unused test kit for a refund if such return is made within the applicable Return Period, as follows. The Return Period is 60 days from the date of purchase. Customers are not eligible for a refund after the Return Period has elapsed. The test kits have no cash value and are not redeemable for money. We accept returns only for test kits that are in good and unused condition. Return for store credit is not available.
Failed Sample Policy. If our initial processing of your pet’s DNA sample fails for any reason and enough sample remains for reprocessing, we will reprocess the same sample at no charge to you. If the second attempt to process the same sample fails, we will contact you at the email address you originally provided when completing your order to offer to send you a new test kit at no charge. Within 30 days of receiving this offer, you may opt to decline, in which case you are entitled solely and exclusively to a refund of the amount you paid to us for testing of such sample, less shipping and handling, provided that you shall not submit another sample for the same pet through a future purchase of Our Services. If you opt to receive another test kit and our attempts to process the second sample are unsuccessful, we will not send you additional test kits, and you will be entitled solely and exclusively to a refund of the amount paid to us, less shipping and handling, provided that you shall not submit another sample for the same pet through a future purchase of Our Services. If, in breach of this Section, you submit another sample for the same pet through a future purchase of Our Services, and processing is not successful, we will not offer to reprocess the sample or provide you a refund. If the processing of your saliva sample is successful, but any of the data generated during the laboratory process is uninterpretable or incorrect, you will not be entitled to any refunds.
5. GOVERNMENT LICENSES
We are not licensed by all state, federal, or international authorities for genetic testing, including epigenetics, conducted for veterinary-related purposes. If a jurisdiction requires our Services to be subject to a license and we do not have that license, we will not offer our Services in that jurisdiction.
6. USE OF INFORMATION AND PRIVACY
We will never release identifying information combined with your pet’s individual-level Genetic Information and/or Reported Information to any third party without asking for and receiving your explicit consent to do so, unless required by law or regulation.
7. PAWOMICS CONTENT, UPLOADED CONTENT
You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not Pawomics, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.
You acknowledge that the Services content presented to you as part of the Services, whether original Pawomics Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by Pawomics and/or sponsors who provide that content to Pawomics (or by other persons or companies on their behalf). Pawomics grants you a Limited License to copy and distribute free of charge, any of the Services content.
Subject to these Terms and any other agreement between you and us, we hereby grant you a limited, nonexclusive, non-sublicensable, revocable license to access and use the Content, subject to any restrictions on certain types of Content set forth in these Terms. This license is non-transferable except to subsequent and/or co-owners of the canine you tested with Pawomics who have been identified to Pawomics and have accepted these Terms of Service. ‘Content’ means all information, text, images, data, links, or other material posted on our Services that are (i) publicly available or (ii) which we permit you to access, whether created by us or provided by a third party for display through our Services.
You understand that the Content that is posted on our Services is used by you at your own risk. If you submit User Content, you may remove, modify or alter such User Content at any time, through functionality that we make available on our Site. However, by uploading or submitting Content, you grant Pawomics a limited, nonexclusive, license to access and use the User Content for any purpose (unless otherwise limited in this Policy), including marketing, enhancing services to other Customers, research, or public relations. This license is not deemed revoked by your removal of the User Content from your dog’s profile.
We reserve the right to make changes to Content, descriptions or specifications of our Services or other information without obligation to issue any notice of such changes.
8. PROHIBITED CONDUCT
As a condition of your use of our Services, you will not use our Services for any purpose that is unlawful or prohibited by these Terms. The unauthorized resale of any Pawomics kit, the purchase of any Pawomics kit for the purpose of unauthorized resale, or the marketing or representation of Pawomics kits for resale by anyone not expressly authorized to do so by Pawomics is Prohibited. You may not use our Services if you are barred from using them under the laws of the jurisdiction in which you are a resident or from which you use the Services. You may not use our Services in any manner that, in our sole discretion, could damage, disable, overburden, impair or interfere with any other party’s use of our Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services. You agree not to use false or misleading information in connection with your user account or impersonate any other person living or dead, and acknowledge that we reserve the right to disable any user account with a profile that we reasonably believe is false or misleading (including a profile that impersonates a third party).
In addition, you agree that you will not, and will not authorize or facilitate any attempt by another person to use our Services to:
Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, as determined by us.
Use a name or language that we, in our sole discretion, deem offensive.
Post defamatory statements.
Post hateful or offensive Content or Content that disparages any ethnic, racial, sexual, gender, religious or other group.
Post Content that depicts or advocates the use of illegal drugs.
Post Content that characterizes violence as acceptable, glamorous or desirable.
Post Content which infringes another’s copyright, trademark or trade secret.
Post unsolicited advertising or unlawfully promote products or services.
Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity.
Promote, solicit or participate in any multi-level marketing or pyramid schemes
Exploit children under 18 years of age.
Engage in disruptive activity, such as sending multiple messages in an effort to monopolize a forum.
Invade the privacy of any person, including, without limitation, posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
Solicit personal information from children under 13 years of age.
Create a false identity or impersonate another person or entity.
Encourage conduct that would constitute a criminal or civil offense.
We reserve the right to consider other conduct to be prohibited; the restrictions above are intended to be illustrative.
You agree not to, and will not permit any person or entity to: (i) use, or allow the use of, our Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (ii) act in a fraudulent, tortious, malicious, or negligent manner when using our Services; (iii) obtain unauthorized access to any computer system through our Services; (iv) circumvent, remove or otherwise interfere with any security-related features of our Services, features that prevent copying or using any part of our Services or features that enforce limitations on the use of our Services or any Content; (v) introduce viruses, worms, Trojan horses and/or harmful code to our Services; and (vi) use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of our Services or any Content, except as permitted by our robots.txt file.
We reserve the right, without prior notice and in our sole discretion, to decide whether your use of our Services violates these Terms for any of the above reasons or for any other reason, and if we do so, we may terminate your access to our Services.
9. USER REPRESENTATIONS AND WARRANTY
By using our Services, you hereby agree, represent and warrant as follows:
You are the owner or co-owner of the canine tested, or you are an organization of which one or more members owns or co-owns the canine tested.
Any information that you obtain from our Services is not designed to diagnose, prevent, or treat any condition, disease or state of health.
If you use Our Services, you give permission to us and our contractors, successors and assignees to perform those services on your pet’s saliva sample and you specifically request us to disclose the results of those services to you and to others you specifically authorize.
Any DNA sample you provide is not from a human.
If you are a customer outside the U.S. providing a DNA sample, you confirm that this act is legally permitted in the country in which you reside, including that providing your sample is not subject to any export ban or restriction in the country in which you reside.
You agree that any DNA sample you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
You will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access our Services online.
You are aware that some of the information you receive may not be welcome or positive and may provoke a strong emotion.
You take responsibility for all possible consequences resulting from your sharing with others access to your pet’s Genetic Information and Reported Information, including on our Site.
You understand that, by providing any saliva or other DNA sample, having your pet’s Genetic Information processed, accessing your pet’s Genetic Information, or providing your pet’s Reported Information, you acquire no rights in any research or commercial products that may be developed by us or our collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your pet’s Genetic Information or Reported Information.
We will not use any identifiable information about you or any other humans in our research or in any publication. Nor will we identify your pet’s name or other identifying information in any publication. In conducting and publishing our research, we may collaborate with third parties, including non-profit and commercial organizations. We will not provide your pet’s name or any information about you to any of our third-party research partners.
At any time, you may withdraw your consent to participate in our research program by changing the settings on your ‘Account Settings’ page or by closing your account. If you experience problems changing your settings or closing your account, please contact email@example.com. Any withdrawal of consent will take effect after thirty (30) days. We will not reverse, undo or withdraw any research or publication that was performed using your pet’s information before that date.
12. INTELLECTUAL PROPERTY
You agree and acknowledge that the structure, organization and code used in conjunction with our Services are proprietary to us. You shall not, and shall not permit any person or entity to: (i) use our Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of our Services or any Content available through the foregoing; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from our Services. You shall not sell, transfer, publish, disclose, display or otherwise make available our Services, including any modifications, enhancements, derivatives and other software and materials provided hereunder by us or copies thereof to others in violation of these Terms.
Unless otherwise noted, all Content contained on our Services is the property of us and/or our affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We welcome your feedback, ideas and suggestions (collectively, ‘Suggestions’). It is important to be aware of the following restrictions with regards to your Suggestions. If you send us any Suggestions, you agree that: (1) your Suggestion(s) become our property and you are not owed any compensation in exchange; (2) none of the Suggestion(s) contain confidential or proprietary information of any third party; (3) we may use or redistribute Suggestion(s) for any purpose and in any way; (4) there is no obligation for us to review your Suggestion(s); and (5) we have no obligation to keep any Suggestions confidential.
13. COPYRIGHT INFRINGEMENT
If you believe that any materials on our Services infringe your copyright, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its location on our Site or location in our Apps or other pertinent information that will help us to locate the material; (3) your name, address, telephone number and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that ‘under penalty of perjury,’ you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Contact our department about copyright issues relating to our Services:
Funomics Global Inc.
3800 Wesbrook Mall, Vancouver, BC V6S 2L9, Canada
14. THIRD PARTY SITES
Under no circumstances will we be liable for any loss or damage caused by failed delivery or receipt of Content, your reliance on information from our Services, information provided by another user or by your use of our Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Services.
Please, keep in mind that Nutrition Support service is for general pet health and well-being information only and not a substitute for veterinary care. Always consult your vet about an appropriate diet if your pet has health issues.
16. LIMITATION OF LIABILITY
- Disclaimer. IN NO EVENT SHALL WE BE LIABLE TO YOU, ANY OTHER USER OF OUR SERVICES, THIRD PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF OUR SERVICES, YOUR CONTACT INFORMATION, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. If you are dissatisfied with any portion of the Services or with any statement in these Terms, your sole remedy is to stop using the Services and, if you are using any of our subscription Services, cancel your subscription .
- Limitation. OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS SHALL NOT EXCEED THE GREATER OF (I) $100.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO US IN FEES, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.
- Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BUT SHALL INSTEAD APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. SERVICES OFFERED BY OTHER COMPANIES
We may offer you the opportunity to purchase services from companies other than Pawomics. Use of those services will be subject to the terms and conditions of the companies offering the services. Please read those terms carefully. We have no responsibility related to any such third-party services.
18. JURISDICTIONAL ISSUES
19. MODIFICATION AND TERMINATION OF SERVICES
We may terminate your access to our Services, in our sole discretion, for any reason and at any time, upon electronic notice to you at the email address provided by you at registration or that you subsequently update. You agree that we are not liable to you or any third party for any termination of your access to our Services. We may change and update our Services from time to time. We may add or remove features including, without limitation, making free services into paid services and vice versa. We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend or change our Services at any time without prior notice. You may terminate these Terms at any time by ceasing to use our Services.
Our Services are available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law. Children under the age of 18 may only use our Services with and under the supervision of a parent. In such a case, the parent is responsible for any and all activities of such minor. If you are a parent or guardian and you discover that your child has created an unauthorized account on our Services, please contact us at firstname.lastname@example.org and we will remove the account.
21. ADDITIONAL INFORMATION
If you have any questions about these Terms, please contact us at: email@example.com.
Copyright 2023, Funomics Global, Inc., All Rights Reserved