Terms of Use

Thank you for being a member of LunaDNA, LLC ("LunaDNA") and using our Services. Please read these terms of use and our Privacy Policy (together "Terms") carefully as they form a contract between you and LunaDNA. By accessing or using the Service(s) or Websites, or authorizing or permitting any person to access or use the Service(s) or Websites, you agree to be bound by these Terms.

Definitions

Genomic Data

Information that a member shares with LunaDNA based on previous genetic tests that they have received. These may include consumer tests, such as 23andMe, Ancestry or others, or physician-ordered tests.

Health Data

Information that a member shares based on their medical history. This may include electronic health records (EHRs) from healthcare providers, hospitals, diagnostic labs, etc., health surveys, and other information collected from integrated apps and devices that the member authorizes to share with LunaDNA.

Personal Information

Personal Information is information that can identify you, either alone or in combination with other information. This includes Protected Health Information that is identified under HIPAA (Health Insurance Portability and Accountability Act of 1996), as well as account information (name, email address, password, etc.).

Service or Services

LunaDNA's products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.

Description of Services

Member Account

Your LunaDNA account includes your member profile information, communication preferences, share election status, data share status, and other account settings. You can manage and update this information in settings.

Data Contribution

As a member of LunaDNA, you are able to contribute Genomic and Health data for research as defined by the consent you signed at account creation. LunaDNA Data Contribution services support members in retrieving their data from genomic testing companies, health systems, and other places where the information was initially created.

Share Election

As a member of LunaDNA you have the option to earn Shares in LunaDNA based on the amount and types of data you contribute. The LunaDNA Share Election service allows members to decide their ownership preferences and complete the share transaction based on the member’s elections.

Anonymous Direct Research Messaging System

As a member of LunaDNA you have the option to earn Shares in LunaDNA based on the amount and types of data you contribute. The LunaDNA Share Election service allows members to decide their ownership preferences and complete the share transaction based on the member’s elections.

Your Access to the Services

You may not be able to access or use the Service(s) (a) during planned downtime for upgrades and maintenance to the Service(s) (of which LunaDNA will use commercially reasonable efforts to notify you in advance through our Service(s)) ("Planned Downtime"), or (b) during any unavailability caused by circumstances beyond our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond our reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not from LunaDNA. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don't assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Your LunaDNA Member Account

To protect your LunaDNA Member Account, keep your password confidential. You are responsible for the activity that happens on or through your LunaDNA Member Account. Try not to reuse your LunaDNA Member Account password on third-party applications. If you learn of any unauthorized use of your password or LunaDNA Member Account, contact us. You also have additional options to secure your Member Account including two-factor authentication which you can activate in settings.

Privacy

LunaDNA’s Privacy Policy explains how we treat your personal information, genomic and health data and protect your privacy when you use our Services. By using our Services, you agree that LunaDNA can use such information in accordance with our Privacy Policy.

Advertising

We may use information about your interactions with our Services to predict your interests and select the ads you see on our Site. This is known as interest-based advertising. In providing interest-based ads, we follow the Self-Regulatory Principles for Online Behavioral Advertising developed by the Digital Advertising Alliance ("DAA").s

Content in Our Services

The Service provide, and third parties may provide, links to other sites and resources on the Internet. Because LunaDNA has no control over such sites and resources, you acknowledge and agree that LunaDNA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that LunaDNA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.

Your Commitments to LunaDNA and to Fellow Members

LunaDNA is a community-owned platform, and as such, it is critical that members act ethically and take their responsibilities to each other and to LunaDNA seriously. These responsibilities include:

  • Sharing accurate data
  • Optimizing completeness of shared data
  • Completing surveys honestly
  • Ensuring that you have the right to share that data with LunaDNA (i.e. you aren’t sharing someone else’s data)

Where LunaDNA determines, through our internal quality control processes, that data shared is not of sufficient quality, materially incomplete, or overly duplicative, the data will not be added to our platform, and you will not earn shares for that data.

Additionally, you may not use the Services if (1) you are not of legal age to form a binding contract with LunaDNA, or (2) you are barred from receiving the Services under the laws of the jurisdiction in which you are a resident. You must also be eighteen (18) years of age or older to agree to these Terms and consent to share your data for research purposes on behalf of yourself or those for whom you have legal authority to agree.

Access and Interference

You agree that you will not:

  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the site or the Services
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the site or the Services
  • Solicit login information, Login IDs or personal information of another person, or access an account, belonging to someone else without legal authorization to do so
  • Use the Service for the purpose of gathering information to file a legal claim against a third-party
  • Attempt to breach any security or authentication measures of the site or the Services
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by LunaDNA or any other third party to protect the Services or the site
  • Interfere or attempt to interfere with other Members’ use of the Site or Services
  • Defame, abuse, stalk, threaten, intimidate, harass or otherwise violate the legal rights of any Member or employee, staff or agent of LunaDNA
  • do anything that could disable, damage, tamper with, impair or otherwise cause interruptions to the proper working of the Service
  • Use any robot, spider, scraper or other automated means to access, data-mine, data-crawl, scrap or index the Services in any manner
  • Provide any false personal information in your account, create more than one account, transfer your account or create an account for anyone other than yourself (unless legally authorized to do so)
  • Do anything that is illegal, infringing, fraudulent, malicious or could expose LunaDNA or Members to harm or liability
  • Facilitate or encourage any violations of this Agreement

Acceptance of Terms of Service

Your use of LunaDNA's Services (excluding any services provided by LunaDNA under a separate agreement) is subject to the terms of the legal agreement between you and LunaDNA set forth in these Terms. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by (1) clicking to accept or agree to the Terms, where this option is made available to you by LunaDNA for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that LunaDNA will treat your use of the Services as acceptance of the Terms from that point onwards. In addition, when using particular LunaDNA Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time.

Proprietary Rights

LunaDNA owns all legal right, title and interest in and to its Services, and in any intellectual property it develops, including through the use of data you have contributed to LunaDNA.

Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LUNADNA 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) LUNADNA MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL 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 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 ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LUNADNA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. LUNATTUST DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, LUNADNA SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.

Limitation of Liability

WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT LUNADNA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LUNADNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.

Updates to Services and Website(s)

LunaDNA may update the Service(s) from time to time and you may receive notifications of such upgrades, enhancements or updates. Any new or modified features added to or augmenting or otherwise modifying the Service(s) or other updates, modifications or enhancements to the Service(s) are also subject to these Terms and we reserve the right to deploy updates at any time.

Additionally, LunaDNA may also change content on our Websites at any time. However, please note that any of the content on our Websites may be out of date at any given time, and we are under no obligation to update it. For clarity, this sub-section refers to LunaDNA Websites excluding the Service(s). LunaDNA may discontinue or change any part of our Websites, that does not affect the Service(s), without notifying you. LunaDNA Websites may contain links to websites, content and resources provided by third parties ("Third Party Links"). These Third Party Links are governed by their own terms and privacy policies and you agree that we have no control over these Third Party Links and are not responsible for your access or use of these Third Party Links.

Miscellaneous

Entire Agreement. This Community Agreement constitutes the entire agreement between you and LunaDNA with respect to the contribution of your information and the use of LunaDNA’s services, superseding any prior agreements between you and Luna on this subject.

Violation or Suspected Violation of Terms of Service. If you violate the terms of these Terms and/or LunaDNA has a reasonable ground to suspect that you have violated the terms of these Terms, LunaDNA has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

Applicable law and arbitration. Except for any disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with LunaDNA arising out of or relating to the Agreement ("Disputes") shall be governed by California law regardless of your country of origin or where you access LunaDNA’s services, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in San Diego, California, in English, with a written decision stating legal reasoning 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. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.

Term for cause of action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your contribution of data to LunaDNA or your use of LunaDNA’s services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Admissibility of printed version. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability. If any portion of the Terms is found to be unenforceable, the remaining portion will remain in full force and effect.

Assignment. You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective.

Changes to these Terms

LunaDNA cannot foresee all of the potential applications of the data it collects, particularly in a rapidly developing field such as genomics. Therefore, LunaDNA reserves the right to change the terms of use from time-to-time. When these changes are made, LunaDNA will make a new copy of the Terms available on its website, and any new or additional terms will be made available to you as part of the affected Services. You acknowledge and agree that if you use the Services after the effective data of the change, that LunaDNA will treat your use as acceptance of the updated Terms.

Effective September 24, 2018