**TERMS OF SERVICE – DNA37**
**INTRODUCTION**
Mozart International Limited, Company No. **79097664**, NO. 5, 17/F, STRAND 50, 50 Bonham Strand, Sheung Wan, Hong Kong (“Mozart”), trading as DNA37 (“DNA37”, “we”, “us”, “our”), operates the webshop at [https://dna37.com/](https://dna37.com/) (the “Site”). Mozart International Limited is the webshop operator and merchant of record for purchases on the Site. DNA37 is a digital preventative health technology brand combining lab diagnostics and digital platforms to make cutting-edge scientific information available.
To use any DNA37 service, you must agree to these Terms of Service (“TOS”). Any use of the Site or services signifies your acceptance of these TOS. References to “DNA37,” “we,” “us,” or “our” mean Mozart International Limited (merchant of record) and its affiliates providing the services under the DNA37 brand.
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**KEY TERMS AND DEFINITIONS**
“Biological Sample” – Saliva or Blood Sample returned to our laboratory for analysis to provide your Service to you.
“Biomarker Information” – a naturally occurring molecule, gene, or characteristic by which a particular physiological process can be identified.
“Blood Sample” – blood taken from our User and returned to the laboratory for analysis of Biomarker Information.
“Consent Document” – a specific document dedicated to obtaining the express, written and voluntary consent from a User to Process their Information.
“DNA37 Research” – IRB-approved scientific research that DNA37 is involved with. The intent of this research is to understand common associations between genetics and environment. DNA37 Research only uses de-identified data from Users who have given specific Research Consent.
“Genetic Information” – Personal Information relating to inherited or acquired genetic characteristics giving unique information about a natural person’s physiology or health.
“Information” – any data received by DNA37 from Users for purposes of providing the Services or making the Site available, including Personal Information, Genetic Information, Biomarker Information and Sensitive Personal Information.
“Our Site” – the website located at [https://dna37.com/](https://dna37.com/).
“Personal Information” – any data about a Data Subject that can identify them directly or indirectly.
“Privacy Policy” – [https://dna37.com/privacy-policy](https://dna37.com/privacy-policy) (as updated from time to time).
“R&D” – scientific research and development based on User data, including improvement of services and offering new products.
“Registration Information” – details captured when registering for services or purchasing a product, including name, contact details and date of birth.
“Self-Reported Information” – any details shared with us by the User, including medical, lifestyle, or survey data.
“Services” – products, services and website content under the DNA37 brand, including DNA testing, reporting and consultations.
“User” – you, the person using the Site and/or Services.
“User Content” – all other information provided by Users not including Genetic or Biomarker Information and Self-Reported Information.
“You” and “Yours” – the User to whom this TOS applies.
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**ACCEPTANCE OF TERMS**
Your use of DNA37 Services is subject to these TOS and all applicable policies posted on the Site. This includes the Privacy Policy, Consent Documents, Delivery Policy and Order Cancellation and Refund Policy. You cannot use the Services if you do not accept the TOS. Acceptance occurs when you:
(a) agree to the TOS electronically,
(b) acknowledge the Consent Document, or
(c) continue using the Services after notice of the TOS.
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**PREREQUISITES**
Users providing a Biological Sample, Genetic Information or Biomarker Information must be at least 18 years old and legally able to use the Services in their jurisdiction.
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**THE SERVICES**
DNA37 provides access to DNA and blood testing services, which include the collection, extraction, and analysis of Genetic or Biomarker Information. Each new feature is subject to the TOS. Services are provided “as is,” based on current science and technology, and may change without notice. DNA37 may suspend or discontinue Services without liability. You may stop using the Services at any time or request deletion of your Personal Information.
Samples must be returned within 6 months of order date (blood within 5 days of collection). Samples received late or improperly handled may not be processed. Refunds will not be issued for destroyed or expired samples, but a free retest may be offered.
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**RISKS AND CONSIDERATIONS**
Genetic and Biomarker Information have limitations and should not be used as medical advice. DNA37’s reports are for informational, educational and research purposes only. Always consult a qualified healthcare professional before acting on results. Sharing your Genetic or Biomarker Information is at your own risk.
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**USER REPRESENTATIONS**
By using DNA37 Services, you confirm that:
• Information from DNA37 is not medical advice.
• You are over 18 and legally authorized to provide your Biological Sample.
• The sample you provide belongs to you or a person for whom you are legally authorized.
• You understand results may cause unexpected emotions.
• You are responsible for how you share your results.
• You authorize processing of your data per the Privacy Policy.
• You have no ownership or financial rights in DNA37 research or products developed using your data.
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**ACCOUNT MAINTENANCE, PASSWORDS AND SECURITY**
You must provide accurate Registration Information and keep it current. You are responsible for all activity under your account. Notify DNA37 immediately of unauthorized use. DNA37 disclaims liability for losses from failure to follow these requirements.
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**PRIVACY STATEMENT**
All Biological Sample results and Personal Information are confidential and governed by our Privacy Policy at [https://dna37.com/privacy-policy](https://dna37.com/privacy-policy). Continued use of the Services indicates your agreement to the Privacy Policy. Updates will be communicated via the Site or email.
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**LIMITED LICENSE**
All Site and Service content is protected by intellectual property rights owned by DNA37 or its partners. You may not copy, modify, distribute or create derivative works except as expressly permitted.
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**USER CONDUCT**
You agree not to use the Services for unlawful or prohibited purposes, including posting harmful, offensive, infringing or unauthorized content, impersonation, harassment, or introducing malware. Violations may result in account termination.
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**PAYMENTS AND BILLING**
Payment processing is handled by third-party providers, including Stripe. By completing a purchase, you authorize Mozart International Limited to charge your selected payment method for the total order amount, including taxes, shipping and fees.
Billing descriptor: **DNA37** or similar will appear on your statement.
Prices are displayed in your checkout currency and include taxes where applicable.
If you dispute a charge, contact **[info@dna37.com](mailto:info@dna37.com)** before initiating a chargeback.
DNA37 purchases are one-time unless clearly stated as subscriptions.
Receipts are emailed after successful payment; invoices available on request.
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**CANCELLATIONS, RETURNS AND REFUNDS**
You may cancel within 14 days of delivery for a full refund if the kit is unopened and unused. Used or opened kits, processed samples and completed blood tests are non-refundable.
Damaged or lost kits will be replaced free of charge if reported within 30 days of expected delivery.
If the lab cannot process a sample for technical reasons, a free retest will be offered.
Refunds are returned to the original payment method.
Contact **[info@dna37.com](mailto:info@dna37.com)** for all cancellation or refund requests.
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**INDEMNITY**
You agree to defend and hold harmless DNA37, Mozart International Limited, affiliates, officers and employees from any claims, damages or expenses arising from your use of the Services, violation of the TOS, or sharing of your Genetic or Biomarker Information.
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**GENERAL PRACTICE REGARDING USE AND STORAGE**
DNA37 may set limits on data storage and access and has no liability for deletion or loss of data. Practices may change without notice.
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**SERVICE MODIFICATIONS**
DNA37 may modify or discontinue Services or pricing at any time. Updates in scientific understanding may alter results. Users will be notified of significant changes.
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**TERMINATION**
Either party may terminate this Agreement. Users may do so by written notice to **[info@dna37.com](mailto:info@dna37.com)** or by closing their account. DNA37 may terminate accounts for TOS violations, legal requirements, discontinued Services or commercial reasons.
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**TERM SURVIVAL**
Termination does not affect accrued rights or obligations of either party.
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**DEALING WITH THIRD PARTIES**
Any dealings with vendors or third-party links are solely between you and those providers. DNA37 is not liable for resulting losses or damages.
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**HYPERLINKS**
The Site may contain links to external websites. DNA37 is not responsible for their content or actions.
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**PROPRIETARY RIGHTS**
DNA37 owns all legal rights and interests in the Services, including trademarks, patents and copyrights. You may not use or reproduce any DNA37 marks or materials without written consent.
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**WARRANTY DISCLAIMER**
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DNA37 AND MOZART INTERNATIONAL LIMITED DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED OR THAT RESULTS WILL BE ACCURATE OR RELIABLE.
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**LIMITATION OF LIABILITY**
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DNA37 AND MOZART INTERNATIONAL LIMITED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA OR USE ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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**NOTICES**
Official notices to DNA37 must be sent to:
Mozart International Limited
Company No. 79097664
NO. 5, 17/F, STRAND 50
50 Bonham Strand, Sheung Wan
Hong Kong
Email: **[info@dna37.com](mailto:info@dna37.com)**
Notices that do not comply with this section have no legal effect.
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**CHANGES TO THESE TERMS**
DNA37 may update these TOS from time to time. Updates will be posted on [https://dna37.com/](https://dna37.com/). Continued use of the Services after changes take effect constitutes acceptance of the revised TOS.
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**APPLICABLE LAW AND ARBITRATION**
These TOS and any non-arbitrable dispute are governed by the laws of Hong Kong. Except for disputes involving intellectual property or injunctive relief, all disputes shall be resolved by binding arbitration in Hong Kong under the Hong Kong Arbitration Ordinance in English before a single arbitrator. Costs and reasonable legal fees are awarded to the prevailing party. Either party may seek enforcement of awards or injunctive relief in any competent court.
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**MISCELLANEOUS**
Entire Agreement – These TOS represent the entire agreement between you and DNA37.
Waiver – Failure to enforce any right does not constitute a waiver.
Severability – If any provision is held invalid, the remaining provisions remain in full force.
Limitation of Action – Any claim must be filed within one (1) year of occurrence.
Assignment – You may not assign rights or obligations under these TOS. DNA37 may assign or delegate rights without notice.
Printed Versions – A printed version of this Agreement is admissible in legal proceedings to the same extent as other business documents.
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© DNA37 – Mozart International Limited, Company No. 79097664, Hong Kong. All rights reserved.