Terms and conditions

Last updated January 31, 2025

1. Introduction

Welcome to Cosnetix. These terms and conditions (“Terms”) constitute a legal agreement between you and Cosnetix, LLC (“Cosnetix”) that governs your use of our services. By accessing or using the services provided through our website, you agree to be bound by these Terms.

2. Consent for Use of Genetic Testing Results

If you provide your genetic data to us, you consent to allowing Cosnetix to use your genetic test results to provide information to you derived from scientific studies that it believes are relevant to your test results.

3. Privacy and Data Use

We are committed to protecting your privacy and complying with all applicable U.S. federal and state laws regarding the collection, use, and disclosure of personal and genetic information.

3.1. Use of Personal Information

Your personal information but not your genetic information (Personal Information”) will be used to improve user experience, conduct research, and for marketing purposes.

We may share your Personal Information with third-party partners to enhance our services, provided these partners adhere to strict confidentiality agreements.

By agreeing to these Terms, you consent to the use of your Personal Information for marketing purposes and sharing with third-party partners. You may opt out of marketing communications at any time by contacting us.

3.2. Use of Genetic Information

Your genetic information will be used only to provide our services to you and, on an anonymous basis, to train our internal algorithms.

3.3. Data Protection

We employ advanced security measures, including encryption and access controls, to protect your Personal Information and genetic information from unauthorized access, disclosure, or misuse.

We do not sell your Personal Information or genetic information to third parties.

4. Security of Your Account

You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to take all necessary steps to protect the security of your account and promptly notify us of any unauthorized use.

5. Services Not for Diagnosis or Treatment

Our services are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information provided is for informational purposes only and should not be considered medical advice. You should consult with a qualified healthcare provider for any medical concerns.

6. Age Requirement

You must be at least 18 years old to use our services. If you are a parent or guardian using the service for your child, you agree to secure all information provided by the company and ensure that all provided information is accurate and complete.

7. Personal Use Only

You agree to use our services solely for your own personal genetic sample and for personal, non-commercial use. You will not use our services for any other individual's sample or for any commercial purpose.

8. Termination of Account

We reserve the right to terminate or suspend your account at our sole discretion for any wrongful act, violation of these Terms, or any conduct that we determine to be harmful or inappropriate.

9. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT THE RESULTS OR RECOMMENDATIONS PROVIDED WILL BE ACCURATE, RELIABLE, OR COMPLETE. WE DISCLAIM 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. YOUR RESULTS FROM COSNETIX MAY NOT DISCLOSE ALL POSSIBLE SUBSTANCES TO WHICH YOU MAY HAVE AN ADVERSE REACTION AND MAY BE INACCURATE IF YOU ARE A STEM CELL OR BONE MARROW TRANSPLANT RECIPIENT.

10. Limitation of Liability

COSNETIX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OR INABILITY TO USE THE SERVICES; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (D) ANY ERRORS OR OMISSIONS IN ANY CONTENT; AND (E) ANY CONDUCT OF ANY THIRD PARTY INVOLVED IN PROVIDING THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COSNETIX EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES, EVEN IF ARISING FROM THE NEGLIGENCE OF OR BREACH OF CONTRACT BY COSNETIX.

11. Indemnification

YOU WILL INDEMNIFY, RELEASE, AND HOLD COSNETIX, AND ITS AFFILIATES AND SUBSIDIARIES THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, MANAGERS, OWNERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS (THE “COSNETIX PARTIES”) HARMLESS FROM ANY CLAIMS, DAMAGES, OR OTHER EXPENSES (INCLUDING ATTORNEY’S FEES) THAT RESULT FROM YOUR USE OF COSNETIX SERVICES AND (A) YOUR VIOLATION OF THESE TERMS OR OTHER DOCUMENTS OR POLICIES INCORPORATED HEREIN BY REFERENCE; OR (B) YOUR VIOLATION OF ANOTHER PERSON’S RIGHTS, EVEN IF ARISING FROM THE NEGLIGENCE OF OR BREACH OF CONTRACT BY ANY OF THE COSNETIX PARTIES. THIS INDEMNIFICATION OBLIGATION WILL CONTINUE AFTER YOU STOP USING THE SERVICES OR THE TERMINATION OF YOUR RELATIONSHIP WITH COSNETIX.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

13. Arbitration and Dispute Resolution

Any disputes arising out of or related to these Terms or the use of our services must be resolved exclusively through binding arbitration in Houston, Texas, in accordance with the rules of the American Arbitration Association. Any dispute arising out of or related to these Terms not subject to binding arbitration must be adjudicated in state or federal court in Houston, Texas.

14. Class and Collective Action Waiver

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND COSNETIX AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION OR CLASS ARBITRATION.

15. Changes to Terms and Conditions

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website. Your continued use of our services after any changes constitutes your acceptance of the updated terms.

16. Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at diana@cosnetix.com.

17. Miscellaneous

These Terms contains the entire agreement between the parties relating to the services described in it and supersedes any prior version. If any provision of these Terms is invalid, illegal, or unenforceable, the remaining provisions will remain in force.