THE DNA COMPANY, INC.

This Agreement ("Agreement") governs your access to and use of The DNA Company Products and / or Programs.

BY ACCESSING, PURCHASING, OR USING THE PRODUCTS AND / OR PROGRAMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY THIS AGREEMENT.

1. DEFINITIONS

"Products and / or Programs" means all products and services offered by The DNA Company, including but not limited to: genetic testing, DNA extraction and analysis, nutritional supplements (including custom compounded formulations), clinical encounters with third-party practitioners, wellness coaching programs, Black Label Custom products, educational systems, webinars, software, mobile applications, websites, and all related content, materials, and information.

"The DNA Company" means The DNA Company, Inc., with its principal place of business at 650 E. Parkridge Ave., Suite 109, Corona, CA 92879, and all affiliates, subsidiaries, licensors, contractors, and entities under common ownership or control.

2. ACCEPTANCE OF TERMS

2.1 Binding Agreement. Your use of the Program constitutes a legally binding agreement between you and The DNA Company. If you do not agree with these Terms, you may not access or use the Program.

2.2 Deemed Acceptance. You acknowledge that acceptance occurs by any of the following:
(a) purchasing a Program or product;
(b) submitting a biological sample;
(c) accessing reports, software, or content; or
(d) creating or using an account.

2.3 Supplemental Terms. Certain Products and / or Programs may be governed by additional terms, consent forms, practitioner agreements, or policies, all of which are incorporated by reference and control in the event of conflict.

3. DESCRIPTION AND NATURE OF THE PRODUCTS AND / OR PROGRAMS

3.1 Non-Medical Nature. The Products and / or Programs are not medical care and are not intended to diagnose, treat, cure, or prevent any disease. All insights are informational, educational, and wellness-oriented only.

3.2 AS-IS / EVOLVING SCIENCE. The Products and / or Programs are provided "AS IS" and "AS AVAILABLE", based on the current state of genetic science. You expressly acknowledge that genetic research is evolving, and interpretations may change without notice.

3.3 Subscription Products and / or Programs. Subscription services may include coaching, education, practitioner access, and non-emergent support. These services do not create a physician-patient relationship with The DNA Company.

4. BILLING, FEES, AND REFUNDS

4.1 Payment Authorization. You authorize The DNA Company to charge your selected payment method for all applicable fees.

4.2 No Refunds on Kits. All testing kits are sterile, single-use devices they are considered to be DME or Durable Medical Equipment. NO REFUNDS are provided once shipped.

4.3 Subscription Cancellation. Cancellations take effect at the end of the current paid billing period. Annual plans are prorated to month-end minus all discounts, credits, or incentives.

4.4 Failure of Payment. Failure to maintain valid payment authorizes suspension or termination without liability.

Refunds, Returns, Chargebacks, and Dispute Policy

4.5 FINAL SALE - NO REFUNDS - NO CHARGEBACKS

4.5.1. Final Sale Acknowledgment

ALL SALES ARE FINAL. By placing an order with The DNA Company, you expressly acknowledge and agree that no refunds, returns, reversals, credits, or chargebacks will be issued once an order is placed, except where expressly required by applicable law.

This policy applies regardless of reason, including but not limited to dissatisfaction, change of mind, failure to use the product or service, medical circumstances, perceived outcomes, or third-party recommendations.

4.5.2. Clean Room, Sterile, and DME Products

You acknowledge and agree that the following items are FINAL SALE and NON-REFUNDABLE immediately upon order placement:

  • Durable Medical Equipment (DME)
  • Medical devices and diagnostic tools
  • Genetic testing kits and saliva collection kits
  • Supplements, nutraceuticals, and compounded formulations
  • Any product that is manufactured, assembled, sealed, packaged, or prepared in a clean room or sterile environment
  • Any product custom-prepared, personalized, or allocated to an individual user

Due to regulatory, safety, contamination, and sterility requirements, these products cannot be returned, restocked, resold, or redistributed, even if unopened, unused, refused at delivery, or claimed to be defective without verification.

4.5.3. Services, Subscriptions, and Digital Access

All services, subscriptions, coaching programs, clinical encounters, digital content, educational materials, webinars, and access-based offerings are non-refundable once access is granted or the service term begins.

  • Subscription cancellations apply only to future billing periods.
  • No refunds or credits will be issued for unused time, missed appointments, or early termination.
  • Annual subscriptions may be prorated only as explicitly stated elsewhere in this Agreement and exclude discounts, promotions, or incentives.

4.5.4. Shipping, Fulfillment, and Administrative Fees

All shipping, handling, clean room preparation, processing, fulfillment, and administrative fees are non-refundable once incurred.

4.5.5. Chargebacks and Payment Disputes

By completing a purchase, you expressly agree not to initiate a chargeback, payment dispute, or payment reversal for any product or service designated as final sale under this Agreement.

Initiating a chargeback or dispute for a valid charge constitutes a material breach of this Agreement.

In the event of a chargeback or payment dispute, you authorize The DNA Company to:

  • Submit this Agreement, your purchase confirmation, delivery confirmation, usage logs, and acknowledgment records as evidence to the payment processor;
  • Recover any amounts reversed, along with applicable administrative, processing, and legal fees;
  • Suspend or permanently terminate your account and access to all services;
  • Deny future purchases or participation in any Products and / or Programs.

4.5.6. Dispute Resolution Before Chargeback

You agree to contact The DNA Company's Client Care team and allow a reasonable opportunity to resolve any billing or service concern before initiating any chargeback or dispute.

Failure to do so will be deemed evidence of bad-faith dispute activity.

4.5.7. Fraudulent or Abusive Disputes

Any chargeback initiated for reasons including but not limited to:

  • "No longer wanted"
  • "Did not use"
  • "Did not understand the policy"
  • "Medical change of circumstances"
  • "Unauthorized" where authorization exists
  • "Product not as described" where the product matches the order confirmation

may be treated as fraudulent or abusive, and The DNA Company reserves the right to pursue all remedies available under law.

4.5.8. Acknowledgment and Waiver

By completing your purchase, you expressly acknowledge and agree that:

  • You have reviewed and understood this no-refund and no-chargeback policy;
  • The products and services you are purchasing are final sale;
  • You waive any right to dispute or reverse charges consistent with this Agreement;
  • This policy is reasonable, necessary, and enforceable due to the nature of medical, sterile, clean-room, and personalized products.

5. ASSUMPTION OF RISK & LIMITATIONS OF GENETIC TESTING

5.1 No Fiduciary Duty. The DNA Company is not a fiduciary, trustee, or custodian of your genetic or personal information.

5.2 Sample Processing Risks. You acknowledge that samples may fail due to insufficient DNA, contamination, or technical limitations. Reprocessing and replacement are governed solely by Section 5.2 as written. No additional remedies apply.

5.3 No Guaranteed Accuracy. Even when processed successfully, genetic data may be incomplete, inconclusive, or contain errors. You waive any right to refunds based on interpretation limitations.

6. USER REPRESENTATIONS, WARRANTIES & CONSENTS

By using the Products and / or Programs, you irrevocably represent, warrant, and agree that:

6.1 You explicitly consent to genotyping, DNA extraction, analysis, storage, and interpretation;

6.2 You authorize The DNA Company to use your data to generate wellness insights and related products;

6.3 All information provided is accurate, complete, and current;

6.4 You are legally authorized to submit any sample you provide;

6.5 Your data may be transferred, stored, or processed outside the United States and Canada;

6.6 You are not an insurer, employer, or agent attempting to obtain information about another individual;

6.7 You acknowledge that genetic results may be incorrect, misleading, or scientifically revised;

6.8 You will not attempt re-identification, forensic use, or third-party matching;

6.9 You will not misuse, reverse engineer, or compromise system security.

6.10 Violation Consequences. Any breach authorizes immediate termination without refund, and you agree to indemnify The DNA Company fully.

7. ACCOUNTS & SECURITY

You are solely responsible for all activities under your account. The DNA Company disclaims all liability arising from unauthorized access due to your failure to safeguard credentials.

8. PRIVACY & DATA HANDLING

Use of the Program requires acceptance of the Privacy Policy and all related notices. Genetic and personal data are processed in accordance with applicable law, but HIPAA does not apply unless explicitly stated in a separate covered agreement.

9. INDEMNIFICATION

You agree to fully defend, indemnify, and hold harmless The DNA Company and all affiliates from any claim arising from your use, reliance, disclosure, or misuse of the Products and / or Programs or results.

10. NO RESALE OR COMMERCIAL USE

You may not resell, sublicense, exploit, or commercially use any portion of the Products and / or Programs without express written authorization.

11. MODIFICATION OR TERMINATION

The DNA Company may modify, suspend, or discontinue any aspect of the Products and / or Programs at any time without liability.

12. DISCLAIMER OF WARRANTIES

THE PRODUCTS AND / OR PROGRAMS IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. LIMITATION OF LIABILITY

TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL THE DNA COMPANY BE LIABLE FOR CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES.

14. NOTICE

All legal notices must be sent to:

The DNA Company, Inc.
650 E. Parkridge Ave., Suite 109
Corona, CA 92879
Attention: Client Care

Service outside this section is invalid.

15. GENERAL PROVISIONS

  • Governing Law: Riverside County, California
  • Mandatory Binding Arbitration
  • One-Year Limitation on Claims
  • Unilateral Amendments Permitted
  • Assignment Permitted by The DNA Company Without Consent

16. ACKNOWLEDGMENT, RELEASE & WAIVER

YOU ACKNOWLEDGE THAT YOU USE THE PRODUCTS AND / OR PROGRAMS ENTIRELY AT YOUR OWN RISK. YOU HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE THE DNA COMPANY AND ALL ASSOCIATES FROM ANY CLAIM, INCLUDING NEGLIGENCE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

FINAL SALE NOTICE:
By completing this purchase, you acknowledge that all testing kits, medical devices, DME, sterile products, clean room prepared items, supplements, and services are FINAL SALE and NON-REFUNDABLE once ordered.