These Terms of Service are a binding legal agreement between you and GENEFIT Sport and so please ensure you read and understand this document carefully.

1. Definitions

1.1. In this document, unless the context indicates otherwise:

1.2 “GENEFIT Sport” refers to CIPHER GENETICS, INC. (doing business as GENEFIT Sport), with a listed address at 3120 139th Avenue Southeast, Suite 500, Bellevue, WA 98005.

1.3. “GENEFIT”, “GENEFIT Sport”, “3X4 Genetics”, “3X4”, “we”, “us”, “our” and similar terms refers to GENEFIT Sport.

1.4. “You”, “Your”, “User”, “Patient”, “Customer”, “Client”, “Athlete”, “Participant”, “Coach”, “Practitioner”, "Clinic", "Practice", "Provider" and similar terms refers to every person that uses GENEFIT’s services.

1.5. “Terms of Service” refer to this document.

1.6. “Website” refers to either the website at address  https://genefit.pro, at address https://3X4genetics.com, and at address https://kit.3X4.io, which are run by and owned by GENEFIT.

1.8. “GENEFIT Account”, “GENEFIT Sport Portal Account”, “GENEFIT Sport Login”, “GENEFIT Email Address and Password”, “3X4 Account”, “3X4 Portal Account”, “3X4 Login”, “3X4 Email Address and Password”, “User Account”, and similar terms, refers to a personal and secure digital identity established by an individual user on GENEFIT Sport’s platform. It consists of a unique Username and a Password chosen by the user during the registration process. The Username serves as the user's identifier within the system, while the Password is a confidential combination of characters known only to the user, used for authentication and access control. This account grants the user authorized access to various services, features, and functionalities provided by GENEFIT Sport.

1.9. “Third Party Supplier” refers to any service provider not directly employed by 3X4 that we have selected to assist us in fulfilling our 3X4 Services to you. Examples include the courier and laboratory services we use.

1.10. “GENEFIT Sport Services”, “GENEFIT Sport Content”, “GENEFIT Sport Property”, “3X4 Services”, “3X4 Content” or “3X4 Property” refers to the services we offer, the content we create and other property of ours. This includes, but is not limited to, our website, software, products, services, communications, in any capacity, embodied in, displayed, or provided directly or indirectly including but not limited to, trade names, domain names, material, logos, trademarks service marks, any other distinctive brand feature, graphics, images, photographs, design, software, algorithms, information, text, design, functionality, inventions, patents, sounds, music, videos, concepts, templates, documents, methodologies, standard operating procedures or any other materials, as accessed by you.

1.11. “GENEFIT Sport Genetic Test”, “GENEFIT Sport Test”, “3X4 Test”, “3X4 Genetic Test” or “3X4 Nutrigenomic Test”, refers to the products that 3X4 sells, which includes testing your genes at a laboratory and providing you with a report that provides you with information regarding your genes.

1.12. “GENEFIT Sport Results”, “GENEFIT Sport”, “3X4 Results”,“3X4 Health Results”, “3X4 Blueprint”, “3X4 Report” or “3X4 Nutrigenomic Report”, refers to genetic reports generated by 3X4 which gives you information regarding your genes, which you will receive when purchasing a 3X4 Test.

1.13. “GENEFIT Consultation”, “GENEFIT Sport Consultation”, “GENEFIT Sport Feedback”, “3X4 Consultation”, “3X4 Health Consultation”, GENEFIT Sport, “One-on-One Consultation”, “3X4 Feedback Session”, “3X4 Health Feedback”, GENEFIT Sport“3X4 Blueprint Feedback”, or “3X4 Blueprint Online Feedback Session”, refers to a personalized wellness and educational session in which a certified practitioner reviews and explains an individual’s 3X4 genetic test results and provides individualized recommendations limited exclusively to general wellness topics, including nutrition, lifestyle, fitness, and health optimization.

All information, data interpretations, and recommendations provided are non-clinical in nature and are intended solely to support general wellness and healthy lifestyle choices. The services do not include, and expressly exclude, the diagnosis, mitigation, prevention, treatment, or cure of any disease, condition, or disorder.

Practitioners do not provide medical opinions, clinical assessments, or healthcare services, and no aspect of the consultation should be interpreted as involving the practice of medicine or any other regulated healthcare profession. No physician-patient or other licensed healthcare provider-patient relationship is created.

The services are provided for informational and educational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Individuals should consult a licensed physician or other qualified healthcare provider before making any medical decisions or changes related to their health, particularly if they have or suspect they may have a medical condition. Reliance on any information provided during the consultation is solely at the individual’s own risk.

1.14. “GENEFIT Sport DNA Sample Kit”, “GENEFIT Sport Swab Kit”, “Swab Kit”, “3X4 DNA Sample Kit”, “3X4 Kit”, “3X4 DNA Kit”, “Swab Kit” “Swab Collection Kit”, “GENEFIT Swab Kit”, and similar terms refers to the DNA sample kit that is supplied by 3X4, which uses a buccal swab to obtain a sample of your cheek cells.

1.15. “Your Completed DNA Sample”, “Your Completed Cheek Cell Sample”, “Your Genetic Sample”, and similar terms refers to your DNA sample that you have completed using the 3X4 DNA Sample Kit.

1.16. “Your GENEFIT Sport Practitioner”, “Your GENEFIT Practitioner”, “Your 3X4 Practitioner”, "Your Healthcare Provider", "Your Health Professional", "Your Provider" is a health professional that you select to review your  GENEFIT / 3X4 results.

1.17. “User Content” refers to any information, data, audio, photographs, or other materials, that you have created and posted onto 3X4 online platforms, or sent to GENEFIT via email or text message, whether privately or publicly.

1.18. “Personal Information” refers to information about an identifiable individual, including, but not limited to, information relating to gender, sex, age, language, education level, address and contact number.

1.19. Personal Information includes your “Genetic Information”, which is information extracted from your DNA sample, whether taken from a cheek swab or saliva sample, in the form of genotypic data (for example, the As, Cs, Gs, and Ts in a certain region of your genome).

1.20. Personal Information includes your “Self-Reported Information” including, but not limited to, your physical and mental health, well-being, disability, illness, medical history, bio-metric information, personal opinions, views or preferences.

1.21. “Raw Genetic Data” refers to a text file containing all the available genetic information that was obtained from your sample by the lab.

2. Introduction & Disclaimer

2.1. These Terms of Service govern the use of the GENEFIT Sport Services, the ordering and sale of a GENEFIT Sport Test, delivery of a 3X4 DNA Sample Kit and collection of Your Completed DNA Sample and a 3X4 Genetic Feedback Session.

2.2. The Website enables you to register your GENEFIT Sport / 3X4 DNA Sample Kit in tandem with your Personal Information.

2.3. If any rights in these Terms of Service are not enforced by you or GENEFIT Sport, those rights are not waived.

2.4. If there is any term or obligation in these Terms of Service found to be invalid, all remaining terms and conditions remain in full effect.

2.5. Only by written agreement between you and 3X4 will we allow any amendments to the latest version of our Terms of Service.

2.6. These Terms of Service constitute a complete agreement between you and GENEFIT Sport.

2.7. If you use any affiliate or Third-Party Supplier services, you will be subject to the terms and conditions of that service provider.

2.8. Limitations of liability:

2.8.1. GENEFIT SPORT is not liable for any inaccurate information communicated to you, except for when liability arises due to gross negligence or willful misconduct of GENEFIT SPORT or its authorized representatives.

2.8.2. GENEFIT SPORT will not be held liable for any loss or damages, whether direct, indirect, special, incidental, or consequential loss or damages that may result from your use of the Website, or its content, or your ability to use the Website, and/or any illegal activity on the Website or linked third party website.

2.8.3. You hereby indemnify GENEFIT SPORT from any loss, claim or damage you or any third party may suffer as a result of using, in any way, this website or linked third party website.

2.8.4. We will not be liable for any damages incurred of any Third-Party Supplier, including but not limited to any act, failure, omission or oversight when supporting GENEFIT SPORT Services.

2.8.5. GENEFIT SPORT cannot be held responsible for the content, goods, services or actions of any external resources or websites that we may link you to.

2.9. GENEFIT SPORT may change or update these Terms of Service at any time.

2.10. GENEFIT SPORT may terminate or update, either temporarily or permanently, the operation of its GENEFIT SPORT Services at any time, for any reason, except to complete your outstanding order(s) for a GENEFIT Sport Test or providing you with a full refund for your GENEFIT SPORT Test, within 30 days. You agree that GENEFIT SPORT will not be liable to you, or any third party, for any losses or damages caused by the termination or delay of our GENEFIT SPORT Services.

2.11. GENEFIT SPORT does not agree to store for any length of time any of your Personal Information, including your Genetic Information, or User Content, other than as set out in Section 3.17.

2.12. GENEFIT SPORT may terminate our GENEFIT SPORT Services to you and blacklist you on a database if there is suspected fraud, abuse of the Website or any other violations of these Terms of Service.

2.13. Your use of GENEFIT SPORT Services is solely at your own risk.

2.14. These Terms of Service contain provisions which:

2.14.1. serve as an acknowledgement by you, of a fact; and/or

2.14.2. may create risk or liability for you; and/or

2.14.3. may compel you to indemnify GENEFIT SPORT or a third party; and/or

2.14.4. may limit the risk or liability of GENEFIT SPORT or a third party.

2.15. Using the Website and GENEFIT SPORT Services is entirely at your own risk. You assume full responsibility for any risk or loss that results from your use of GENEFIT SPORT Services, or any information provided by GENEFIT SPORT.

2.16. GENEFIT SPORT cannot accept any responsibility for GENEFIT SPORT Services rendered outside the terms of these Terms of Service.

2.17. GENEFIT SPORT will not monitor or administer any User Content posted on any GENEFIT SPORT administered social media.

2.18. GENEFIT SPORT has the right to review, move, modify or refuse any content available through our GENEFIT SPORT Services.

2.19. GENEFIT SPORT disclaims any liability for damages or losses incurred directly or indirectly as a result of your access to the Website, GENEFIT SPORT Services and/or GENEFIT SPORT administered social media, unless specified by law. By using this Website and GENEFIT SPORT Services, you hereby indemnify GENEFIT SPORT against any loss, claim or damage that may be experienced by you and any third party arising in any way.

2.20. Other than as expressly set forth in Sections 3.18 and Section 5, GENEFIT SPORT makes no representations or warranties and is not bound to any representations or warranties made by representatives of GENEFIT SPORT, whether express or implied, including but not limited to any warranties:

2.20.1. of fitness for particular purposes,

2.20.2. of non-infringement,

2.20.3. of merchantability,

2.20.4. that our GENEFIT SPORT Services will meet your requirements or expectations,

2.20.5. that our GENEFIT SPORT Services will be accurate, reliable or error-free, or unfailingly secure,

2.20.6. that our GENEFIT SPORT Services will not be interrupted or delayed,

2.20.7. that any known errors in our GENEFIT SPORT Services will be corrected,

2.20.8. that any content downloaded from us will be free from any risk to you to your property, and/or your data,

2.20.9. that GENEFIT SPORT Services are not subject to change,

2.20.10. that your GENEFIT SPORT Report will include a result for all genes tested.

2.20.11. GENEFIT SPORT is not a healthcare provider and does not provide professional medical advice or services. GENEFIT SPORT Tests are not diagnostic tests and are not predictors of future health.

2.21. These Terms of Service are important and should be duly noted by you.

3. Acceptance of Terms of Service

3.1. Any participation in GENEFIT SPORT Services will constitute your acceptance of these Terms of Service.

3.1.1. By using this website and using GENEFIT SPORT’s Services, you acknowledge that you have read, understood and agreed to these Terms of Service.

3.1.2. If anything in this document is unclear or you do not understand something, it is your responsibility to contact GENEFIT SPORT to ask that we explain it to you. Contact us at  sport@GENEFIT.pro or +1 (425) 818-5333.

3.1.3. You understand that GENEFIT SPORT may amend these Terms of Service and that it is your responsibility to check for any amendments and cease using GENEFIT SPORT Services should you not agree to the amendments. Your use of the Website after any amendment constitutes agreement to the amendments.

3.1.4. You must not use this Website, use a GENEFIT SPORT Kit, or participate in any GENEFIT SPORT Services if you do not agree to these Terms of Service.

3.1.5. You are welcome, at any stage, to stop using GENEFIT SPORT Services without needing to inform GENEFIT SPORT, subject to the terms in the Agreement of Sale specified in these Terms of Service.

3.2. You agree that, by using the Website, you are 18 years of age or older and of full legal capacity or are being supervised by your parent or legal guardian. If your parent or legal guardian supervises you with their consent, that person is bound to these Terms of Service and will be held liable for you and all your obligations in this document.

3.3. If you lack the ability to enter into a binding agreement or are not legally authorized to act on behalf of a person under the age of 18 years, you must not use GENEFIT SPORT Services.

3.4. In terms of these Terms of Service, you may not transfer your obligations or rights to any third party.

3.5. You agree that you are using the GENEFIT SPORT Services for personal use only.

3.6. When submitting your information and DNA sample, you represent that the sample is of your own genetic material.

3.7. You agree that any information you supply to GENEFIT SPORT is true, accurate and complete.

3.8. You agree that you are not representing an insurance company, government or employer trying to obtain Genetic Information of another person, unless there is a separate, written agreement between you and GENEFIT SPORT.

3.9. You agree not to use GENEFIT SPORT Services outside of the United States of America or South Africa.

3.10. If you do not comply with your obligations under these Terms of Service, this may lead to a suspension of your access to the Website without any prejudice.

3.11. You will not use any means to interfere with the proper working of the Website.

3.12. You will obtain prior, written consent from GENEFIT SPORT to copy, monitor or change the Website or any information displayed on the Website.

3.13. You may create Hyperlinks to https://GENEFIT.pro, which are limited, non-exclusive and revocable and cannot portray GENEFIT SPORT, its affiliates, licensors, successors, Third Party Suppliers, products or services in any way that is defamatory, offensive, derogatory, or amounts to hate speech, or that causes confusion.

3.14. GENEFIT SPORT Services may include third party logos, content, and trademarks, whereby the respective third party’s rights apply.

3.15. GENEFIT SPORT Property is protected by law, including but not limited to copyright and trademark law, is considered the property of GENEFIT SPORT, its advertisers, successors, affiliates, and licensors and is licensed to GENEFIT SPORT.

3.15.1. Any use of the GENEFIT SPORT Property is strictly prohibited, including but not limited to any use, derivation, copying, linking, framing, distribution, modification, or reverse engineering, without our written consent.

3.15.2. You agree that any misuse of GENEFIT SPORT Property for commercial gain may result in monetary damages being claimed against you and you may be served with a legal restraint to cease and desist any activities of misuse, without us needing to demonstrate damages.

3.15.3. You may be subject to criminal or legal claims for misusing GENEFIT SPORT Property.

3.15.4. The GENEFIT SPORT logo, or any associated logos, are registered or unregistered trademarks.

3.15.5. You may not use GENEFIT SPORT Content or GENEFIT SPORT Services to distribute material or speech that is defamatory, offensive, derogatory, or amounts to hate speech.

3.15.6. You may only use GENEFIT SPORT Property where necessary to be able to access GENEFIT SPORT Services that are specified in these Terms of Service.

3.16. Any GENEFIT SPORT Content use, distribution or duplication is prohibited except for purposes authorized by these Terms of Service or by law. To obtain written permission from GENEFIT SPORT to use our content, please write to us at sport@GENEFIT.pro to submit your request at the sole discretion of GENEFIT SPORT.

3.17. GENEFIT SPORT Websites and App allows you to purchase the GENEFIT SPORT Test and you understand and agree that your participation in GENEFIT SPORT Services allows GENEFIT SPORT to collect and store your DNA and disclose your personal, health and Genetic Information to Your GENEFIT SPORT Practitioner. You understand that your acceptance, as set out in Section 3.1, of these Terms of Service constitutes your express consent to and acceptance of the facts that: (1) your Genetic Sample is identified with a kit code to ensure it cannot be identified personally to you while in transit or by the laboratory, with such code and your name being linked and stored securely on GENEFIT SPORT’s Amazon Cloud-based servers accessible only to a minimal number of authorized GENEFIT SPORT personnel; and (2) your Genetic Sample is stored securely by the laboratory for 6 months and then destroyed automatically.

3.18. You understand and agree that your personal information is stored securely on GENEFIT SPORT databases. GENEFIT SPORT maintains procedures to protect your genetic information against unauthorized access, destruction, use, modification, and disclosure, to provide you with access to such information, and to delete such information (except as may be required to be retained under applicable law). This is explained in more depth in our Privacy Policy. If you are a California resident, you have the right to file a complaint under Section 56.182(c) of the California Civil Code if your rights under this paragraph are breached.

3.19. You waive any rights to any GENEFIT SPORT Property by participating in GENEFIT SPORT Services.

3.20. You waive any rights to compensation, by participating in GENEFIT SPORT Services.

3.21. When you use GENEFIT SPORT Services, you acknowledge and agree that they are supplied “as is” and “as available”. GENEFIT SPORT performs ongoing genetic research and utilizes technology to continually update our Services so that we provide the best possible value to you.

3.22. You agree that your DNA sample and DNA results can be processed, transported to, and/or transferred to a different country from where you reside.

3.23. Neither GENEFIT SPORT Tests nor GENEFIT SPORT Kits are available for resale, unless agreed to in writing.

3.24. You will immediately inform GENEFIT SPORT by email  (sport@GENEFIT.pro) or phone call (+1 (425) 818-5333) if you reasonably suspect, or are made aware of, any unauthorized access to, or use of, the GENEFIT SPORT Services or Personal Information on your mobile or any other of your communication or data storage devices.

3.25. By submitting your cheek cell sample, you agree that you are not a recipient of a bone marrow and/or stem cell transplant, have not undergone a liver transplant, and have not received a blood transfusion within the thirty (30) days immediately preceding the date of sample collection, unless the type of transfusion received allows for earlier sample submission under applicable guidelines.

4. Understanding GENEFIT SPORT Services

4.1. About GENEFIT SPORT science:

4.1.1. The GENEFIT SPORT Test focuses on gene variants in key metabolic pathways that have a high level of scientific evidence and are clinically relevant.

4.1.2. Genetic variation is a term used to describe the variation in the DNA sequence in each of our genomes. Genetic variation is what makes us all unique, whether our hair color, skin color or the shape of our faces.

4.1.3. We refer to a gene variant as having a specific “impact”. The impact refers to how much the gene variation affects the protein’s function as well as the metabolic process the protein is involved in.

4.1.4. The gene variants that are tested by GENEFIT SPORT are all considered “low penetrance” genes. This means that the gene by itself does not cause an illness or condition.

4.1.5. The GENEFIT SPORT Test is not meant as a diagnostic tool but is rather used as a preventative and screening tool to detect the root causes for the development of chronic conditions and can be used to implement more targeted treatment.

4.1.6. Nutrigenomics and nutrigenetics are based on personalized nutrition and lifestyle advice, which leads to a better chance of improving health rather than following general dietary advice.

4.2. We recommend that you understand the implications of getting your genetic results.

4.2.1. Knowing your genetic results is irreversible and therefore is a decision that should be taken seriously.

4.2.2. The information you receive may be disturbing or negative and may impact on your psyche, your family, as well as your social, economic, legal and financial surroundings.

4.2.3. It is recommended that you speak to a healthcare provider, trained in genetics, before embarking on a journey to discover your genetic results.

4.2.4. If you experience any anxiety, it is recommended that you seek advice from your physician before getting your genetic results.

4.3. We recommend that you understand the implications of sharing your genetic results.

4.3.1. We recommend that you discuss with a lawyer before sharing your genetic results, for example sharing them with an insurance company or employer. Federal laws, in particular the Genetic Information Nondiscrimination Act, provide you with protection from discrimination by health insurance companies, group health plans, and most employers based on your genetic information.

4.3.2. It is possible that if you share your genetic information with a physician or healthcare provider, it may form part of your medical record which could be accessed in the future by, for example, physicians, healthcare providers, or insurance companies.

4.3.3. It is possible that any genetic information you choose to share, for example with family, friends or employers, may be used against you.

4.3.4. It is important to consider that the relevance or interpretation of your genetic information is subject to change.

4.4. We recommend that you understand what your genetic information means and does not mean for you.

4.4.1. Your genes only form a part of what makes you who you are.

4.4.2. If your genetic results show that you do not have a genetic predisposition for a certain disease or condition, that does not necessarily mean that you will not develop that disease or condition.

4.4.3. If your genetic results show that you have a genetic predisposition for a certain disease or condition, that does not mean that you will develop that disease or condition.

4.5. GENEFIT SPORT is not a healthcare provider.

4.5.1. We provide you with GENEFIT SPORT Services that are for information, research or educational purposes only.

4.5.2. We urge you to talk with your healthcare provider about how the GENEFIT SPORT Test is right for you. GENEFIT SPORT staff can speak to the contents of the report and process of using our test kit but cannot answer questions about why the test is right for you specifically.

4.5.3. We urge you to discuss your GENEFIT SPORT results with a physician or healthcare provider before taking any action based on the information provided in your GENEFIT Sport report.

4.5.4. We urge you to consult with your physician or healthcare provider before embarking on any weight-loss program, fitness program, physical activities, beauty regime, or any other action mentioned or alluded to in the GENEFIT SPORT Services.

4.5.5. We urge you to consult with your physician if you are currently taking medication and/or undergoing treatment or program for any condition or disease before using any GENEFIT SPORT Service.

4.5.6. We urge you to consult with your physician for any information on diagnosis, treatments, disease prevention, cures, medication, or anything else related to your health.

4.5.7. You acknowledge and agree that any information that you get from your GENEFIT SPORT Genetic Test and GENEFIT SPORT Blueprint, including a GENEFIT SPORT Consultation, should not be considered medical advice or medical services.

4.5.8. Any information provided by us should not form a substitute for a consultation or treatment by a physician.

4.5.9. Any information provided by us should not be used for diagnostic or treatment purposes for any medical condition.

4.5.10. Any information provided by us should not be used to make any medical decisions.

4.5.11. The relationship between you and GENEFIT SPORT is not a Doctor-Patient relationship

4.5.12. You should not change your health behavior only using the information GENEFIT SPORT provides.

4.5.13. If you rely on the information provided by GENEFIT SPORT, our employees or another member of the public, you do so solely at your own risk.

4.5.14. You acknowledge and agree that GENEFIT SPORT is not liable for any information or advice provided to you by Your GENEFIT SPORT Practitioner.

4.6. Research into genetics is continually evolving.

4.6.1. With future advances in genetic research, any current state will only reflect a portion of the implications of genetics.

4.6.2. With future advances in genetic research, the interpretation of your genetic results is likely to change.

4.6.3. Any interpretations of your Genetic Information done in the past would need to be revised in accordance with any future advances in genetic research, at your own expense.

4.7. There may be limitations in the laboratory’s tests and the genes tested.

4.7.1. The genes tested in the GENEFIT SPORT Test only constitute a small percentage of your genes.

4.7.2. Other genes that are not tested in the GENEFIT SPORT Test may have more impact on your health.

4.7.3. Factors in your environment may have more impact on your health.

4.7.4. On occasion, certain DNA cannot be processed at the laboratory because the results do not meet the criteria to be considered an accurate result.

4.7.5. On occasion, data provided by the laboratory may not be able to be interpreted or may be incorrect. In this case, you will not be refunded.

4.7.6. GENEFIT Sport is not a laboratory nor does it perform laboratory testing services. All laboratory services are conducted by a Third-Party Supplier laboratory.

4.7.7. On occasion, the result for a certain gene cannot be provided because it does not meet the criteria to be considered an accurate result or the result cannot be obtained for a certain gene due to technical reasons.

4.7.8. Certain medical treatments, such as bone marrow transplants, stem cell donations, liver transplants can cause your cheek cell sample to contain DNA material belonging to the donor. This could lead to your DNA sample failing at the lab or yielding results belonging to the donor’s DNA.

4.8. You agree that you are not taking a GENEFIT SPORT Test or engaging in any of our GENEFIT SPORT Services to pursue medical advice or treatment.

4.9. You agree that GENEFIT SPORT reserves the right to update or implement changes to GENEFIT SPORT Services, including your GENEFIT SPORT Report.

5. Agreement of Sale & Conditions of Sale

5.1. An Agreement of Sale comes into effect when GENEFIT SPORT receives a successful payment through authorized GENEFIT SPORT payment channels and/or coupons (refer to Section 6 and 7 of these Terms of Service) from you or from your healthcare provider.

5.2. These conditions of sale do not apply to you if you purchased a GENEFIT Genetic Test via the GENEFIT mobile application.

5.3. Your order is considered completed and you agree that GENEFIT SPORT has met all its obligations once your GENEFIT SPORT Genetic Results are made available, or after 30 days since the date of purchase, whichever comes first.

5.4. Cancellation of Sale, Returns and Refunds

5.4.1. Refer to our Returns Policy which operates in conjunction with these terms.

5.4.2. GENEFIT SPORT may cancel your order for a GENEFIT SPORT Test, at our discretion, at any stage, for any reason, which we do not have to disclose, after which will refund you in full, as soon as possible but no later than 30 days after such cancellation.

5.4.3. If we are unable to generate a successful, accurate result of your DNA sample processing after three attempts, you will be refunded the paid price in full, and you agree that you will not be able to try to submit another sample, whether by purchasing another test or via another method, with GENEFIT SPORT at any time in the future. If it is found that you do not honor these Terms of Service and submit another DNA sample, we will not re-process your DNA sample or refund you.

5.4.4. Your DNA sample cannot be returned to you.

5.4.5. Other than specified in these terms, no refunds will be processed for GENEFIT SPORT Services rendered.

 

5.5. As part of your purchase of a GENEFIT SPORT Genetics Test, GENEFIT SPORT will:

5.5.1. Ensure you receive a GENEFIT / 3X4 DNA Sample Kit through courier delivery, within a reasonable time after receiving your payment for a GENEFIT SPORT Test, provided the address is within the United States of America,

5.5.2. Contingent on your participation and adherence to the instructions provided by GENEFIT SPORT:

5.5.2.1. Ensure your completed cheek cell sample is sent and received by GENEFIT SPORT’s Third-Party Supplier laboratory and processed at the laboratory,

5.5.2.2. Make your GENEFIT SPORT Genetic Results available via your GENEFIT SPORT account, and/or your health provider’s account.

5.6. Additional Services & Exceptions; Revocation

5.6.1. Placing a GENEFIT SPORT Test in your cart does not qualify as an order. GENEFIT SPORT cannot guarantee that the price of the GENEFIT SPORT Test will be the same when you return at a later time.

5.6.2. You may revoke the consent you provided in Section 3.17 of these Terms of Service by sending an email to  sport@GENEFIT.pro to such effect. Within 30 days of receipt of such email, GENEFIT SPORT shall honor such revocation and destroy your Genetic Samples.

5.6.3. If you do not complete and/or register your DNA sample within 90 days of receiving your GENEFIT SPORT Kit, GENEFIT SPORT will be able to process your sample for a nominal handling fee of $30.00. Please contact us at sport@GENEFIT.pro to arrange this.

5.6.4. If you do not return your Completed DNA sample within 7 days of registering your GENEFIT SPORT Kit, GENEFIT SPORT will be able process your sample for a nominal handling fee of $30.00. Please contact us at sport@GENEFIT.pro to arrange this.

5.6.5. If a specific gene result was not provided in your report because we could not generate a successful result for it, you may request another attempt for a fee of $150.00. This will require you to submit a new sample. Although we shall make reasonable efforts to generate a result for the gene in question, we cannot guarantee success and cannot offer a refund for the fee paid. This option is only available for a limited number of genes in our test and is only available for 60 days after your report is provided.

5.6.6. Raw Genetic Data Requests

5.6.6.1. While Raw Genetic Data provided by GENEFIT SPORT meets general quality assurance standards, only a subset of genetic markers has been individually validated for accuracy by GENEFIT SPORT.

5.6.6.2. GENEFIT SPORT provides health and lifestyle recommendations based on a proprietary pathway-based analysis of a subset of your Raw Genetic Data.

5.6.6.3. GENEFIT SPORT provides Raw Genetic Data in text file format, as generated by Thermo Fisher Scientific’s Axiom Genotyping platform. Converting the file to other data formats is not a service provided by GENEFIT SPORT.

5.6.6.4. Raw Genetic Data provided by GENEFIT SPORT should be used for informational purposes only, and not be used for medical, diagnostic or other use. We recommend you consult with a healthcare professional before making any major changes to your health and wellness regimes based on Raw Genetic Data.

5.7. These additional services do not apply to you if you purchased a GENEFIT Genetic Test via the GENEFIT mobile application.

5.8. By your order of one or more GENEFIT SPORT Tests and associated Consultations, you hereby acknowledge and consent to the following:

5.8.1 That by ordering a Test and submitting a Sample and engaging in a Consultation, your genetic data may be disclosed to a third party practitioner that is part of GENEFIT SPORT’s practitioner network as part of such Consultation

5.8.2 That, nevertheless, your Sample vial will be identified only with a kit code to ensure it cannot otherwise be identified to you while in transit or in the laboratory for testing, and that the link between such kit code and your name is stored securely on GENEFIT SPORT’s Amazon Cloud-based servers accessible only to a minimal number of authorized GENEFIT SPORT personnel, and that other than such practitioner, no third party shall have access to any data identifiable to you

5.8.3 That the Sample will be destroyed after being securely stored for 6 months, or, if earlier, within 30 days of your written revocation of this consent

5.8.4 That if you are a California resident, and feel your right to secure data use, access, security and retention have been violated, you may file a complaint under Section 56.182(c) of the California Civil Code

5.8.5 That you have read and agree to GENEFIT SPORT’s policies regarding privacy at https://GENEFIT.pro/sport-privacy-policy

6. Payments & Fees

6.1. When submitting payment for any fee, You select a payment method made available by GENEFIT SPORT (e.g., credit card, a third party such as Apple App store or Google Play) and provide information about your payment method. When You submit your payment information, You authorize us and certain Third-Party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. If You pay through the Google Play or Apple App store, You may change your Payment Method through the corresponding store account.

6.2. No refunds or credits will be provided by GENEFIT Sport other than as set forth in these Terms.

6.3. To access specific features of the Services, it may be necessary to make payments in the form of subscription fees.

6.4. These subscription fees, inclusive of applicable taxes, can be settled either on a monthly or annual basis, and they are required to be paid in advance.

6.5. Subscription fees will be automatically invoiced at the commencement of the relevant monthly or annual cycle.

6.6. For users transitioning from monthly to annual subscriptions, the annual rates will become effective at the start of the subsequent billing cycle.

6.7. These fees will continue to be renewed automatically until You downgrade or terminate your subscription.

6.8. Your subscription fee will remain consistent with your initial charges unless You receive prior notification of any changes.

6.9. By using your GENEFIT Sport account, You commit to covering the subscription fees and any other charges incurred, whether they are one-time, or subscription based.

6.10. GENEFIT Sport reserves the right to adjust subscription fees, associated taxes, or introduce new fees, subject to reasonable prior notice.

6.11. Payment security is extremely important to GENEFIT SPORT and so we will only use Third Party Supplier payment gateways that ensure all transactions are secure and are utilizing applicable encryption technology.

6.12. You are solely responsible for repaying back to GENEFIT SPORT any reversed or charged-back credit card payments, within 30 days of being contacted by GENEFIT SPORT.

6.13. GENEFIT SPORT will not be liable for any damages incurred of any Third-Party Supplier, including but not limited to any act, failure, omission or oversight when supporting GENEFIT SPORT Services.

7. Coupons

7.1. If you have a GENEFIT SPORT coupon, you will be able to enter the coupon number before continuing to payment and only the remaining balance will be payable.

7.2. Virtual and physical coupons generated by GENEFIT SPORT are redeemable only before the expiry date specified on the coupon.

7.3. Coupons generated by GENEFIT SPORT are created at GENEFIT SPORT’s sole discretion and can be cancelled, amended or refused.

7.4. Terms and conditions apply to each coupon generated.

7.5. Only one coupon can be used per order.

7.6. A coupon can only be used by you once.

7.7. A coupon cannot be applied retrospectively to a previous order for which payment has already been received.

8. Deliveries

8.1. You must provide a physical delivery address for your GENEFIT SPORT Kit delivery. GENEFIT SPORT does not deliver to PO Boxes.

8.2. GENEFIT SPORT cannot accept responsibility for any loss incurred if your GENEFIT SPORT Kit was delivered correctly to the address you confirmed.

8.3. Proof of delivery is available upon request.

8.4. We recommend you are home for the time of delivery to reduce risk of loss or theft.

9. GENEFIT Sport SMS/Text Messaging Services

9.1. By consenting to GENEFIT Sport’ SMS/text messaging Services, you agree to receive recurring SMS/text messages from and on behalf of GENEFIT Sport through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list.

9.2. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.).

9.3. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

9.4. You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with GENEFIT Sport. Your participation in this program is completely voluntary.

9.5. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

9.6. You may opt-out of the Service at any time. Text the single keyword command STOP to +18559292237or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other GENEFIT Sport mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

9.7. For Service support or assistance, email sport@GENEFIT.pro.

9.8. We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

9.9. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

9.10. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

9.11. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy at https://GENEFIT.pro/sport-privacy-policy

10. Genetics Interpretation & Wellness Consultation Services

10.1 Scope of Wellness Services

10.1.1 GENEFIT Sport may provide or facilitate access to genetics interpretation consultation services (“Wellness Services”), including but not limited to Nutritional, lifestyle, fitness, and wellness guidance; Interpretation of genetic test results; Educational sessions, coaching, and practitioner-led consultations.

10.1.2 These Wellness Services are intended solely for informational and educational purposes.

10.2. No Medical Advice or Clinical Relationship

The Wellness Services:

10.2.1. Do not constitute medical advice, diagnosis, or treatment;

10.2.2. Do not establish a physician-patient or healthcare provider-patient relationship between you and GENEFIT Sport;

10.2.3. Should not be relied upon as a substitute for professional medical advice from a licensed healthcare provider.

10.2.4 Participants are encouraged to consult their own qualified healthcare provider before making health decisions.

10.3 Practitioner Independence

Where Wellness Services are provided by third-party practitioners, partners, or affiliated providers:

10.3.1 Such practitioners operate independently of GENEFIT Sport;

10.3.2 GENEFIT SPORT does not control or guarantee the quality, accuracy, or outcomes of advice provided;

10.3.3 Any relationship formed with such practitioners is solely between you and the practitioner.

10.4 Participant Responsibility and Assumption of Risk

By participating in Wellness Services, you acknowledge that:

10.4.1 You are responsible for how you interpret and apply any information provided;

10.4.2 Lifestyle, supplement, or nutrition changes may carry risks;

10.4.3 You assume all risks associated with acting on Wellness Services.

10.5 Suitability and Limitations

Wellness Services:

10.5.1 Are not intended for individuals requiring urgent, acute, or complex medical care;

10.5.2 May not account for your full medical history or conditions;

10.5.3 Are based on generalized or semi-personalized insights, including genetic information.

10.6 Emergency Disclaimer

10.6.1 GENEFIT Sport does not provide emergency services.

10.6.2 If you are experiencing a medical emergency, you must contact emergency services or a qualified healthcare provider immediately.

10.7 Fees, Scheduling, and Cancellations (if applicable)

10.7.1 Wellness Services may be subject to separate fees;

10.7.2 Booking, cancellation, and refund policies may apply and will be communicated at the time of scheduling;

10.7.3 Missed or late appointments may be non-refundable.

10.8 Recording and Communications

Consultations may be recorded or documented for quality assurance, training, or service delivery purposes, subject to applicable privacy laws and participant consent.

10.9 Integration with Genetic Services

10.9.1 Wellness Services may incorporate genetic insights derived from GENEFIT SPORT testing; however:

10.9.1.1 Genetic results are probabilistic and not deterministic;

10.9.1.2 Recommendations are advisory and not prescriptive.

11. Legal Particulars, Governing Law and Jurisdiction

11.1. GENEFIT SPORT’s information is as follows and should be considered in tandem with our Terms of Service:

11.2. Full names, details and legal status:

11.3. CIPHER GENETICS, INC., a private company registered in Delaware, Employer Identification Number 84-3194869.

11.4. Corporate address: 3120 139th Avenue Southeast, Suite 500, Bellevue, WA 98005

11.5. Telephone number: +1 (425) 818-5333

11.6. Website address:  GENEFIT.pro

11.7. Email address: sport@GENEFIT.pro

11.8. All formal notices and legal processes referring to these Terms of Service are to be serviced at address 3120 139th Avenue Southeast, Suite 500, Bellevue, WA 98005. This address may be updated by GENEFIT SPORT by being updated in these Terms of Service.

11.9. The governing law of these Terms of Service is the law of the State of Washington in the United States of America.

11.10. Any formal notices must be in English, and delivered by hand, or by email. Notices sent by hand will be considered as received on the date of delivery. Notices sent by email must include a “read receipt” function as emails will be considered as received on the date indicated on a “read receipt”.

11.11 Please reach out at sport@GENEFIT.pro if you have any questions about these Terms of Service.