Terms and Conditions

These Terms and Conditions (the “Agreement”) are between you (“you” or “your”) and Gene Pool (“Gene Pool”, “we”, or “us”). The Agreement, together with our Privacy Policy and any additional terms specifically referenced (such as paid-subscription terms), governs your use of https://genepool.app and any related mobile applications and services (together, the “Services”).

You must be at least eighteen (18) years old, or the higher age of majority in your jurisdiction, to use the Services. By using the Services, you represent that you meet this requirement and that all registration information you provide is true, accurate, current, and complete. You are solely responsible for any activity occurring under your account, and you must keep your account credentials confidential. Gene Pool is not liable for any loss or damage arising from your failure to safeguard your credentials.

You agree to use the Services in accordance with all applicable laws and to refrain from conduct that Gene Pool reasonably considers harmful to other users, our staff, or the integrity of the Services, including:

• impersonating another person or misrepresenting your identity
• posting content that is defamatory, harassing, hateful, sexually explicit (where prohibited), or otherwise unlawful
• attempting to access another user’s account without authorisation
• uploading malware, viruses, or other software intended to disrupt the Services
• using automated means (bots, scrapers, crawlers) to access or extract data from the Services without our prior written consent
• reselling, sublicensing, or otherwise transferring your access to the Services to a third party

We may suspend or terminate your account for any violation of this Agreement, with or without notice, and we may remove or refuse to post content at our discretion.

Some features of the Services are available only to users with a paid subscription. Subscription fees, billing cycles, and feature eligibility are described at the point of purchase. Where you purchase a subscription through Apple App Store or Google Play, the purchase is also governed by Apple’s or Google’s terms.

Auto-Renewal. Subscriptions automatically renew at the end of each billing cycle at the then-current price unless you cancel at least 24 hours before the end of the current period. You can manage and cancel subscriptions in your account settings or via the platform store (Apple ID / Google Play / web payment provider).

Refunds. Except where required by law, all charges are non-refundable. Gene Pool may, at its sole discretion, issue a refund or credit for any unused portion of a subscription.

Price Changes. We may change subscription prices from time to time. Material price changes will be communicated in advance and will not apply until your next billing cycle. Continued use after the effective date of a price change constitutes your agreement to the new price.

You retain ownership of any content you submit to the Services (“User Content”), including profile text, photos, messages, and survey responses. By submitting User Content, you grant Gene Pool a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, copy, display, modify (for formatting purposes), publish, and distribute that User Content solely as necessary to operate the Services.

You represent and warrant that you have all rights necessary to grant this licence and that your User Content does not infringe any third party’s intellectual-property, privacy, or publicity rights. We may remove User Content that we reasonably believe violates this Agreement or applicable law.

The Services, including all software, designs, logos, trademarks, trade dress, and content provided by Gene Pool (excluding User Content), are owned by Gene Pool or our licensors and are protected by copyright, trademark, and other intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for personal, non-commercial purposes in accordance with this Agreement.

You agree not to reverse-engineer, decompile, or otherwise attempt to derive the source code of the Services, except to the extent such restriction is prohibited by law.

The Services may contain links to or interoperate with third-party websites, applications, or services (e.g., DNA-testing labs, payment processors, analytics providers, social-media platforms). Those third parties have their own terms and privacy practices, which govern your use of their services. We are not responsible for the content or practices of third-party services and your access to them is at your own risk.

Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on the Services. Genetic results may require interpretation by a clinical genetic counselor or physician familiar with the relevant variants and your personal medical history.

Carrier-status and risk results are statistical estimates derived from current scientific literature and may change as the science evolves. Results may be affected by genotyping accuracy, panel coverage, and the specific variants screened. Gene Pool does not warrant the completeness or future accuracy of any genetic report.

The Services are provided “as is” and “as available” without warranties of any kind.

To the maximum extent permitted by applicable law, Gene Pool disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation. We do not guarantee any specific outcome from your use of the Services, including matches, compatibility scores, screening results, or any health, dating, or relationship outcome.

Gene Pool is not a health-care or health-service provider and does not report on any medical or health-related issue that may be evidenced by your DNA or other information. We do not provide medical advice or any diagnosis, and no communication or action by us in connection with the Services shall be construed by you as such. Gene Pool shall not be considered a trustee of your DNA information, nor shall we assume any legal or ethical obligation to you as a result of your using the Services, except as expressly contemplated in this Agreement.

The algorithm we use, the information we rely on to deliver the Services, and the data points we analyse have not been clinically validated for the purposes of matchmaking, compatibility scoring, or compatibility screening, and we disclaim any and all responsibility and liability relating to the same. The Services are not intended to be your primary means for assessing the compatibility, safety, or trustworthiness of an individual. It is your sole responsibility to make such assessments, and you hereby release Gene Pool of any and all responsibility and liability in connection with the same.

To the maximum extent permitted by applicable law, in no event will Gene Pool or Gene Pool, its directors, officers, employees, affiliates, or licensors be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with your use of the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory.

In no event will Gene Pool’s aggregate liability for all claims arising out of or in connection with the Services or this Agreement exceed the greater of the amounts paid by you to Gene Pool in the twelve (12) months preceding the event giving rise to the claim, or one hundred U.S. dollars (US $100). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless Gene Pool, its affiliates, and its respective directors, officers, employees, and agents from and against all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Services; (b) your User Content; (c) your violation of this Agreement; or (d) your violation of any law or third-party rights.

If you have a dispute with one or more users, you release Gene Pool (and its affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and otherwise) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favour at the time of agreeing to this release.

You acknowledge that Gene Pool has set its prices, made the Services available, and entered into this Agreement in reliance on the limitations and exclusions of liability, indemnities, and disclaimers set forth herein, and that the same form an essential basis of the contract between you and Gene Pool. You agree that the limitations and exclusions of liability, indemnities, and disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches of the Agreement, the failure of essential purpose of contract, the failure of any exclusive remedy, or the termination of this Agreement.

This Agreement is governed by the laws of British Columbia, Canada, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the courts of British Columbia, Canada for any dispute arising out of or relating to this Agreement, except where applicable law provides otherwise.

Informal Dispute Resolution. Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us in writing. If we cannot resolve the dispute within sixty (60) days, either party may proceed to formal proceedings.

You may terminate your account at any time through your account settings or by contacting us. We may terminate or suspend your access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to access and use the Services will immediately cease, and Gene Pool may delete or deactivate your account and any associated content. Provisions of this Agreement that, by their nature, should survive termination (including disclaimers, limitation of liability, indemnification, and dispute-resolution provisions) will survive.

Gene Poolmay modify this Agreement from time to time. The “Last updated” date at the top of this page reflects the most recent revision. Material changes will be communicated in advance via email or in-product notice. Your continued use of the Services after the effective date of any change constitutes your acceptance of the revised Agreement. If you do not accept the changes, you must stop using the Services.

Questions about this Agreement may be directed to:

• Email: [email protected]
• Mail: 6th Floor, 905 West Pender Street, Vancouver, BC V6C 1L6, Canada