Terms of Service
Effective Date: July 1, 2023
These Terms of Service ("TOS") govern your use of Mosaic Biodata Inc.'s ("we," "us," or "our") services, including our website (https://mosaicbio.io), mobile applications, genetic testing kits, lifestyle reports (e.g., nutrition, sleep, hormones, athletics), and related features (collectively, the "Services"). By accessing or using the Services, you agree to these TOS, our Privacy Policy, Genetic Data Consent Notice, Kit Order Terms and Conditions, Disclaimer Policy, Subscription Terms, Cookie Policy, and Accessibility Statement. If you disagree, please do not use the Services. We are a U.S. company incorporated in the state of Delaware, with our principal place of business located in Texas.
Definitions
Personal Information: Information that can identify you, alone or combined (e.g., name, email, kit number crosswalk).
Genetic Information: Pseudonymized whole genome sequencing (WGS) data, such as VCF files, received from CLIA-certified laboratory partners and linked to your kit number.
Sensitive Information: Genetic data and self-reported traits, treated with heightened protections.
Aggregate Information: Anonymized data combined across users, not identifying individuals.
De-identified Information: Data with identifiers removed but potentially re-identifiable (e.g., pseudonymized VCF files).
User Content: Information you provide (e.g., survey responses, messages), excluding Genetic Information.
Web-Behavior Information: Data on how you use our Services (e.g., browser type, page views) collected via cookies.
Acceptance of Terms
You accept these TOS by:
Clicking "accept" or "agree" where prompted (e.g., during kit registration)
Using the Services (e.g., purchasing a kit, accessing reports)
Additional guidelines (e.g., Privacy Policy, Cookie Policy) are incorporated by reference. We may offer other services with different terms, which will be clearly communicated.
Modification of Terms
We reserve the right to modify these Terms of Service at any time to reflect changes in our services, applicable law, or business practices. When we make material changes, we will:
Post the updated terms on our website with a new "Effective Date"
Send email notification to your registered email address at least 30 days before the changes take effect (for material changes)
For non-material changes (e.g., clarifications, formatting), we may provide shorter notice or post updates directly.
Your continued use of the Services after the effective date constitutes acceptance of the modified terms. If you do not agree to the changes, you must stop using the Services and may terminate your account before the effective date.
Material changes include: changes to data usage, privacy practices, dispute resolution procedures, limitation of liability, or fee structures.
Prerequisites
You must be 18 or older to use the Services or provide Genetic Information. If you are under 18, you will need the consent of a parent or guardian.
If you provide Genetic Information, you confirm it is yours or you have legal authorization to submit it (e.g., as a guardian).
You confirm that providing your sample complies with export laws in your country.
Description of Services
The Services include:
Website and mobile applications (https://mosaicbio.io)
User account portal with genetic data management
Genetic testing kits for whole genome sequencing
Lifestyle reports generated from genetic data:
Nutrition optimization
Fitness and athletic performance
Sleep and circadian health
Hormone analysis
Secure storage of genetic data (VCF files)
Optional data storage subscriptions
Coming Soon:
VCF file upload capability for genetic data from third-party providers (23andMe, AncestryDNA, Nebula Genomics, whole genome sequencing from other labs)
Enhanced data analysis and visualization tools
Additional lifestyle report categories
Integration with health and wellness applications
Services are provided "as is" based on current genetic research. We reserve the right to modify or discontinue the Services without notice, and you may terminate your use of them at any time.
You are responsible for obtaining Internet access and equipment to use the Services.
Risks and Limitations
Non-Medical Use: Our Services provide lifestyle reports (e.g., nutrition, sleep, hormones, athletics) for informational and educational purposes only, and do not constitute medical advice, diagnosis, or treatment. See our Disclaimer Policy for complete details.
Unexpected Outcomes: Reports may reveal emotionally impactful traits or carry re-identification risks if shared. See our Genetic Data Consent Notice for complete risk information.
Sequencing Limitations: VCF files may include "no-calls" (uninterpretable data) or incomplete coverage for certain regions (e.g., centromeres). Not all variants are included in reports. See Kit Order Terms and Conditions for details.
Data Risks: The Genetic Information Nondiscrimination Act (GINA) provides some protections, but not for life insurance, long-term care, or disability insurance. See our Genetic Data Consent Notice for complete details.
Evolving Science: Genetic interpretations may change as research advances, necessitating ongoing updates to stay current.
User Representations
By using the Services, you agree:
Your Registration Information is accurate and current.
Any Genetic Information provided is yours or authorized by the individual.
You are not an insurer or employer seeking data about an insured or employee.
You accept risks of unexpected outcomes or emotional impacts from reports.
You are responsible for the consequences of sharing Genetic Information or User Content.
Your use complies with applicable laws, including export controls for genetic samples.
International Data Transfers
When you use our Services from outside the United States, your Personal Information and Genetic Information may be transferred to, processed, and stored in the United States, where our service providers operate. These countries may have different data protection laws from those in your country of residence.
All data is stored in the United States data centers. We implement appropriate safeguards for international data protection compliance:
EU/UK Residents (GDPR):
Standard Contractual Clauses (SCCs) with cloud infrastructure providers
Right to detailed information about safeguards
Right to object to international transfers.
Right to lodge a complaint with your supervisory authority
International users confirm that providing samples is not subject to export bans in their country. For detailed information on international data processing and your rights, please refer to our Privacy Policy and Genetic Data Consent Notice.
Account Creation and Security
You must provide accurate Registration Information and update it as needed. Inaccurate information may lead to account suspension or termination.
You are responsible for maintaining the confidentiality of your username and password, as well as for all activities conducted under your account. Notify us immediately at support@mosaicbio.io of any unauthorized use or security breach.
We may monitor account activity and retain records to ensure compliance with applicable regulations.
Data Storage and Downloads
We store pseudonymized VCF files and reports in your account, with no current file size limits (subject to change). You are responsible for maintaining backups, as we cannot guarantee the integrity of your files.
You can download VCF files through your account, subject to the plan limits outlined in our Subscription Terms. We monitor downloads to ensure compliance.
Do not upload files unrelated to Genetic Information, as we are not a general data storage service. We may remove incompatible files.
Third-Party App Integrations
You may download your VCF file and share it with third-party applications for further analysis. We provide only the data you authorize, but third-party apps have their own privacy policies, and we cannot control their use. If we offer an Application Programming Interface (API) for developers, they must register with us and comply with our security standards. We do not guarantee compatibility with third-party sites or apps.
Privacy and Data Disclosure
You must agree to our Privacy Policy and Genetic Data Consent Notice to use the Services.
We may disclose Personal Information to law enforcement if required by law (e.g., court orders), with prior notice to you unless prohibited. See our Privacy Policy for details.
Genetic Information is not shared for research without separate, explicit consent.
Intellectual Property
We own all rights to the Services, including software, content, and trademarks. When you access proprietary software (e.g., for viewing reports), we grant you a personal, non-transferable, non-exclusive license for non-commercial use. You may not copy, modify, reverse-engineer, distribute, or create derivative works from the Services or software without our written consent.
User Content you provide (e.g., survey responses) remains yours, but you grant us a worldwide, royalty-free license to use, reproduce, and distribute it to provide the Services.
You may not use our trademarks or logos without written permission.
User Conduct
You agree not to:
Use the Services for unlawful purposes or to harm others (e.g., harassment, defamation)
Impersonate others, forge data, or transmit unauthorized content.
Use Genetic Information to identify or contact other users without consent.
Upload viruses, scrape data, or interfere with Service functionality.
Violate intellectual property rights or applicable laws
Breaches may result in account suspension or termination.
Indemnity
You agree to indemnify and hold Mosaic, its affiliates, and employees harmless from claims, damages, or costs (including legal fees) arising from your use of the Services, violation of these TOS, or sharing of Genetic Information with third parties.
Termination
You can terminate your account by deleting it through Account Settings. Deletion is irreversible, except in cases where legal retention requirements apply (e.g., tax records).
We may terminate your account for breaches, in accordance with legal requirements, or if the Services are no longer viable. You will be notified where possible.
Sections 1, 5, 6, 10, 11, 12, 13, 14, 15, 16, and 17 survive termination.
Dispute Resolution
Informal Resolution: For any dispute or claim related to the Services ("Dispute"), you and we agree to attempt informal resolution for a period of 60 days before resorting to arbitration. Send a written notice to support@mosaicbio.io with your name, email, dispute details, and relief sought. We will respond via your registered email. A conference (either by telephone or video) is required.
Arbitration: If unresolved, Disputes will be settled by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Expedited Procedures (www.jamsadr.com). Arbitration will occur in Travis County, Texas (for U.S. residents) or a mutually agreed location (for non-U.S. residents). The arbitrator's decision is final and binding, and may be enforced in court. Each party bears its own costs unless the arbitrator awards otherwise.
Exceptions: You may seek provisional remedies or bring intellectual property claims in court. Small claims court is also an option for eligible disputes.
Class Action Waiver: Disputes must be brought individually, not as class actions or collective actions.
Opt-Out: You may opt out of arbitration within 30 days of first using the Services by emailing support@mosaicbio.io. If you opt out, we are also not bound by arbitration.
Forum: Non-arbitrated Disputes will be resolved in state or federal courts in Travis County, Texas, unless otherwise agreed.
Force Majeure
Neither party will be liable for any failure or delay in performance under these Terms due to events beyond their reasonable control, including but not limited to:
Natural disasters (earthquakes, floods, fires, storms)
Pandemics, epidemics, or public health emergencies
Government actions, laws, regulations, or travel restrictions
War, terrorism, civil unrest, or labor disputes
Infrastructure failures (internet outages, power grid failures)
Supplier failures, including CLIA-certified laboratory partner closures or delays
Supply chain disruptions affecting genetic testing kits or equipment
During a force majeure event, we will:
Make reasonable efforts to minimize service disruptions.
Provide updates on our website and via email when possible.
Extend deadlines or suspend performance obligations as necessary.
Resume normal operations as soon as reasonably possible
If a force majeure event persists for more than 90 days, either party may terminate the affected services by providing written notice to the other party. Fees for unused services may be refunded on a pro-rata basis.
Miscellaneous
Entire Agreement: These TOS, along with the Privacy Policy, Genetic Data Consent Notice, Kit Order Terms and Conditions, Disclaimer Policy, Subscription Terms, Cookie Policy, and Accessibility Statement, constitute the whole agreement between you and Mosaic.
Severability: If any provision is unenforceable, the remaining provisions remain in effect.
Waiver: Our failure to enforce any right shall not constitute a waiver of it.
Assignment: You may not assign your rights under these TOS. We reserve the right to assign our rights without notice.
Notices: We may notify you via email or post on our website. Send official notices to support@mosaicbio.io or Mosaic Biodata Inc., 919 Congress Ave, Suite 525, Austin, TX 78701, USA.
Contact Us
For questions:
Address: Mosaic Biodata Inc., 919 Congress Ave, Suite 525, Austin, TX 78701, USA (Incorporated in Delaware; Principal Place of Business in Texas)