Terms and Conditions

Genomic Data Interpretation Services Agreement

This Genomic Data Interpretation Services Agreement (the “Agreement”) is entered into by You (“You”) and MoodNote LLC, (“MoodNote”) a Nevada corporation. MoodNote and You may each be referred to individually as a “Party” and collectively as the “Parties.”

Background

MoodNote is a data analysis, interpretation and education company dedicated to improving healthcare by making its proprietary genomic data interpretation tools, analytics and clinical decision support technology available to individual consumers, physicians, researchers and others.

You are an individual interested in submitting your genomic data for genomic analysis, bioinformatics analysis and interpretation.

Agreement

In consideration of the mutual promises described below, the Parties agree as follows:

1. Services. Upon request and during the Term of this Agreement, MoodNote will provide You with certain genomic data interpretation services (“Services”, “The Service”) in accordance with the terms of this Agreement. You may request Services by providing MoodNote with a signed consent form and genomic data in a fastq, bam, vcf or other file format that meets MoodNote’s current data processing guidelines. MoodNote will perform your submitted data interpretation using established procedures and protocols for such analyses and use of certain proprietary algorithms. Data interpretation results will be made available to you through a downloadable report.

2. Fees and Invoices. MoodNote will bill you for Services provided to you. You agree to pay MoodNote a set fee for each DNA dataset interpretation ordered under this Agreement. This fee does not include any applicable State or Federal taxes, which are Your responsibility. Pricing of repeated interpretations must be mutually agreed upon in writing between the Parties. Invoices under this Agreement are due and payable prior to the release of the report by MoodNote. The fee listed above does not include any applicable server fees, internet fees, sample mailing fees or any other software or hardware (e.g. a computer or an ipad, etc.) costs that may be required for the report to be accessible and downloadable, and that you may incur.

3. Health Care Responsibility. MoodNote is not a health care company and does not provide any medical or other health care services. Our genomic data interpretation process is fully automated with only a minimal human input for styling and organizing the report. Any decisions related to healthcare and treatment choices should be based on the independent judgment of the treating health care provider and should consider all information related to the patient, including without limitation, the patient and family history, direct physical examination and pertinent laboratory, psychological and other tests. Your health care provider is solely responsible for health care that may be provided or not provided to you.

By using The Services You agree that:

MoodNote does not recommend, endorse, or make any representations about the efficacy or appropriateness of any therapy, tests, procedures, or treatments described in any report or information made available to you;
Reports and information provided by MoodNote should be reviewed by a treating health care provider who is responsible for decisions regarding Your care;
You are solely responsible for Your use of reports and information made available to You by MoodNote. Interpretations provided by MoodNote are also subject to any notes, explanations, limitations, and disclaimers included in the reports;
You warrant and agree that you shall not impersonate any person or entity, or misrepresent your affiliation with any other person or entity, exploit or otherwise use any information or material obtained through MoodNote for commercial purposes other than agreed in writing between you and MoodNote, or attempt to gain unauthorized access to MoodNote’s computer systems, algorithms, database lists, pipelines, lists of users or user genomic or other information in violation of any applicable law. You further agree that you may not to circumvent, reverse engineer, decrypt, or alter MoodNote’s reports or otherwise interfere with MoodNote or any Services provided by MoodNote thereof, or make unauthorized use thereof.

Terms & Conditions, Privacy

Scope

By using this Service you accept Terms and Conditions. Please read them carefully. This Service enables user access to personal genetic data through a simple interface and straightforward graphic or textual presentation of data. MoodNote uses proprietary algorithms to stratify and annotate your genomic data by incorporating health and genomic information available from publicly accessible databases.

Disclaimer

MoodNote Service is not a medical service. Information that is accessible through MoodNote webpages is not intended to diagnose, prevent or treat any disease or condition. MoodNote’s annotation of DNA variants is intended for educational and informational purposes only. Only a trained and duly licensed health care professional, after having conducted a thorough and direct examination, can diagnose or treat an emotional, psychological, psychiatric, neurological or medical condition. If you have any concerns about your health, please contact a qualified health care professional who is duly licensed in your jurisdiction. If you feel suicidal or have a medical emergency, please call 911 (in the US or Canada) or proceed to the nearest emergency room.

Risks

There are risks of using The Service. You may learn information about yourself that you did not anticipate. You may discover things about yourself that may trouble you and that you may not have the ability to control or change. These outcomes could have social, legal, economic and psychological implications.
Interpretations of DNA variants made possible by MoodNote may be erroneous, may be ambiguous or may be incorrect.
There is a small chance that your data may be lost or damaged during the transmission through the internet.
You should not change your health behaviors on the basis of the information obtained from MoodNote only. If you have concerns or questions about what you learn through theis Service, you should seek guidance from your genomics-competent health care provider.
The MoodNote interpretation of your genomic data is based on thousands of research papers published in peer-reviewed and not peer-reviewed medical and scientific journals conducted by parties outside of the control of MoodNote LLC. Not all research studies are accurate, it is not possible to review them all, and they may not disclose all information.
Future research may change today’s interpretation of DNA variants and future research may show today’s research to be incomplete or inaccurate. Because interpretations provided by MoodNote rely on these published studies, some interpretations may not be applicable to you.
If you share your DNA data with others, these data may be used against your interests. DNA variant interpretations shared with your health care providers may become part of your medical record. Through that path it may become accessible to other health care providers, health care provider organizations such as HMOs, PPOs, other private or government organizations, and insurance companies. DNA data that you share with family, friends may no longer be under your control. Even if you share your DNA data that today have no or only a limited meaning, these data may have greater meaning in the future.

Privacy

MoodNote will not share your data with third parties except for your designed health care provider (physician, counselor, genetic coach or other person) whom you explicitly designate to share these results with. MoodNote LLC will never sell or otherwise communicate information about your DNA data to third parties without your explicit authorization, nor shall we share it with law enforcement unless compelled to do so by a court order. However, it is important to understand that using MoodNote involves transmission of your genetic data through the internet and therefore complete privacy cannot be guaranteed. Further, MoodNote may use third party services like Google (www.google.com) or Appsheet (www.appsheet.com) servers for its operation of which we have no control.

MoodNote LLC employs robust security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of stored data. Our security policies includes regular reviews of our security measures and systems. All genomic data in MoodNote’s possession are stored on encrypted drives with no connection to the internet. As with any secure system, we cannot guarantee that our systems can never be breached. Except as described in this document, external parties will not be given any of your information without your written and explicit consent, or when required to comply with legal requirements under the applicable laws. If we are legally compelled to provide this information, we will attempt to notify you before providing your information to external parties unless such notification is prohibited by law.

Minors

Our website is not meant for minors, and we will not knowingly collect any personally identifiable information from minors under the age of 18 without verified parental consent.

Intellectual Property

Except to the extent expressly stated otherwise, this Agreement does not grant either Party a license to or any right in the other Party’s intellectual property.

Copyright

All MoodNote’s designs, texts, images, graphics, other content, and any part or arrangements thereof, as well as all proprietary software, algorithms, pipelines or other features used on the website and/or generation of reports are the property of MoodNote LLC or are used by MoodNote LLC under license. Any use of materials on this application including their reproduction, modification, distribution, or republication without the prior written consent of MoodNote LLC is strictly prohibited.

The original works incorporated into the Service are either proprietary works or works in public domain and where appropriate we provide citations to such works acknowledging the intellectual contribution of their authors, publishers or academic institutions of origin. If you are a valid copyright holder for a work used in part on Genomic Avatar, and you believe that such use violates your copyright, please send us a DMCA takedown notice via e-mail at info(at)mygenesdirect.com.

No Warranty

MoodNote LLC makes no representation as to the validity, reliability or accuracy of genomic data interpretation by using The Service. MoodNote’s interpretations may contain typographical errors, errors in coding and other unknown errors, which may result in incorrect interpretations. The scoring ranges and normative values provided are averages and estimates, which may not be applicable to everyone. Only direct, personal evaluation by a health care professional can provide you with an accurate assessment and diagnosis of or treatment for your symptoms. By using this Service, You agree and accept the data interpretation as is with no warranty, express or implied or fitness of use. MoodNote LLC makes no guarantee about the reliability, accuracy, or timeliness of the service or the results obtained from the service. You understand that You are responsible for determining that the service offered meets your needs.

WE PROVIDE THE SERVICE “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOU BEAR THE RISK OF USING IT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOODNOTE LLC GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, AND SATISFACTORY QUALITY.

Intellectual Property

By using MoodNote LLC Service, you agree that the laws of the state of Nevada will govern this Privacy Policy and Terms of Use and any dispute of any sort that might arise between you and MoodNote LLC.

Contact

For any questions, comments, or suggestions, please contact MoodNote LLC at PO BOX 9287, NEWPORT BEACH, CA 92658, USA or by email info(at)mygenesdirect.com.