BloomDNA powered by BIO-GENETICS LABORATORY – Terms of Service
Effective Date: May 27, 2025
IMPORTANT—PLEASE READ CAREFULLY
THESE TERMS CONTAIN (1) A MANDATORY PREARBITRATION DISPUTERESOLUTION PROCE SS, (2) A BINDING ARBITRATION AGREEMENT, (3) A CLASSACTION WAIVER, AND (4) A JURYTRIAL WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.
1. DEFINITIONS
“BIO,we, our, or us” means BloomDNA powerd by BIO-Genetics Laboratory, a Florida limitedliability company. “Services” means BIO’s websites, mobile applications, genetic testing kits, laboratory processing, customersupport channels, educational content, reports, and any related products or services we provide now or in the future. “Genetic Information” means information derived from the analysis of your biological sample. “Personal Information” includes information regulated by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and other privacy laws.
2. ACCEPTANCE OF TERMS
By creating an account, submitting a biological sample, or otherwise using the Services, you (a) certify that you are at least 18 years old (or the legal age of majority in your jurisdiction), (b) have the legal authority to enter into this Agreement on behalf of yourself or the person for whom you are acting, and (c) agree to be bound by these Terms and our Privacy Policy.
3. NO MEDICAL OR DIAGNOSTIC USE
BIO DOES NOT PROVIDE MEDICAL ADVICE. All content is for informational and educational purposes only and is not intended to diagnose, treat, cure, or prevent any disease. The Services do not establish a physicianpatient relationship. Always consult a qualified healthcare professional for medical decisions. Do not disregard professional advice or delay seeking it because of our reports or any content on the Services.
4. HIPAA & PROTECTED HEALTH INFORMATION (PHI)
4.1 Compliance. BIO maintains administrative, physical, and technical safeguards meeting HIPAA standards, including dataencryption in transit and at rest.
4.2 Use & Disclosure. We use PHI only as permitted by you and applicable law to provide, maintain, and improve the Services. We may deidentify PHI and use or disclose such deidentified data for research, product development, and commercial purposes.
4.3 Business Associates. Thirdparty laboratories and cloudservice providers acting on our behalf are bound by Business Associate Agreements requiring HIPAA compliance.
5. OWNERSHIP OF SAMPLES & GENETIC INFORMATION; WAIVER OF PROPERTY RIGHTS
You hereby grant BIO a worldwide, perpetual, irrevocable, sublicensable, royaltyfree license to use, store, deidentify, analyze, and create derivative works from your biological samples and Genetic Information, including for research, product development, and commercial applications. You waive any right to compensation or ownership in products, services, or discoveries developed from such use.
6. USER OBLIGATIONS
6.1 Provide accurate registration information and promptly update it.
6.2 Collect and ship samples strictly per the kit instructions.
6.3 Pay all applicable fees.
6.4 Do not resell the Services or misrepresent Genetic Information.
6.5 Comply with all applicable laws.
7. INTELLECTUALPROPERTY RIGHTS
All content and software comprising the Services are owned by BIO or its licensors and protected by U.S. and international IP laws. We grant you a limited, nonexclusive, revocable license to access the Services for personal, noncommercial use. All rights not expressly granted are reserved.
8. SERVICE MODIFICATIONS & SOFTWARE UPDATES
We may add, modify, or discontinue features at any time. Future enhancements may require payment of additional fees. You consent to automatic software updates without further notice.
9. THIRDPARTY PRODUCTS & WARRANTIES
The Services may reference thirdparty products (e.g., test kits) provided “AS IS.” BIO disclaims all warranties related to thirdparty products. Any manufacturer warranties are provided solely by the applicable third party.
10. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BIO DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND ACCURACY OF RESULTS.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIO (AND ITS SUPPLIERS, AFFILIATES, AND SERVICE PROVIDERS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR REPUTATION, ARISING FROM OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. BIO’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO BIO FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold BIO, its affiliates, officers, directors, employees, and agents harmless from and against all claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising out of or related to (a) your use or misuse of the Services; (b) any violation of these Terms; (c) any violation of applicable law or thirdparty right; or (d) your disclosure or sharing of Genetic Information.
13. FORCE MAJEURE
BIO is not liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, supplychain interruptions, utility failures, or governmental actions.
14. INTERNATIONAL USE
BIO operates in the United States, and the Services are intended for U.S. residents. Users who access the Services from outside the U.S. do so on their own initiative and are responsible for compliance with local laws. Data may be transferred to and processed in the United States, where privacy laws may differ from those in your jurisdiction.
15. DISPUTERESOLUTION PROCESS
15.1 Initial Dispute Resolution Period. Before initiating arbitration, you and BIO agree to attempt to resolve any dispute informally. The complaining party must send a written notice describing the dispute and relief sought to the other party at the address in Section 18. The parties shall confer in good faith to resolve the dispute within thirty (30) days of receipt of the notice.
15.2 Binding Arbitration. If the parties cannot resolve the dispute within the 30day period, the dispute shall be finally settled by binding arbitration administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules then in effect, except as modified herein. You and BIO waive the right to a jury trial or to participate in a class action.
15.3 Arbitration OptOut. You may opt out of the arbitration agreement by sending written notice to BIO within thirty (30) days of first accepting these Terms. Your optout notice must include your name, email, and a clear statement of your intent to opt out. Opting out does not affect other provisions of these Terms.
15.4 MassArbitration Procedure. If twentyfive (25) or more similar arbitration demands are filed by or with the assistance of the same law firm or group, NAM’s massarbitration supplemental rules shall apply. Arbitration may proceed in batches, and filingfee caps may apply as provided by NAM’s rules.
15.5 Fees & Costs. BIO will pay all NAM filing and arbitrator fees for individual arbitration claims under $10,000 unless the arbitrator finds the claim frivolous. Each party shall bear its own attorneys’ fees unless the arbitrator awards otherwise.
16. CLASSACTION WAIVER
All claims must be brought in the parties’ individual capacities, not as plaintiffs or class members in any class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims.
17. GOVERNING LAW
These Terms and any dispute are governed by the laws of the State of Florida, without regard to conflictoflaws principles. The Federal Arbitration Act governs the interpretation and enforcement of Section 15.
18. GENERAL PROVISIONS
18.1 Changes to Terms. We may modify these Terms by posting an updated version and updating the “Last Updated” date. Material changes will be announced by email or inapp notification. Your continued use after changes constitutes acceptance.
18.2 Severability. If any provision is held unlawful or unenforceable, the remaining provisions will remain in effect.
18.3 Assignment. You may not assign your rights under these Terms. BIO may assign its rights without restriction.
18.4 Entire Agreement. These Terms, our Privacy Policy, and any supplemental terms constitute the entire agreement and supersede all prior agreements.
18.5 Contact. Notices to BIO must be sent to: BIO-Genetics Laboratory, LLC, Attn: Legal Department, 805 Executive Center Dr. W. suite 300, St Petersburg, Florida 33702, or legal@biogeneticslab.com.
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