LIFEWEAVE

Legal

Terms of Service

Last Updated: October 18, 2024.

Lifeweave Terms of Service may be subject to periodic updates. If we make any significant changes, we will inform you by posting a notice on our website or sending an email to the address linked to your account. By continuing to use our Services after such updates, you are agreeing to the updated terms.

1. Overview

1.1 Lifeweave’s Terms of Service (referred to as the “Terms”) form the Agreement between Lifeweave, LLC (“Lifeweave”) and you. The acceptance of these Terms is compulsory for Lifeweave users. These Terms regulate your access to Lifeweave’s products, services, and website (hereafter referred to as the “Products” and “Services”) regardless of whether you access them with or without an account. By ordering a Lifeweave Product and by using Lifeweave Services, you are agreeing to these Terms, which create a legal Agreement between you and Lifeweave:

1.1.1 These Terms constitute the entire Agreement between you and Lifeweave, overriding any previous agreements;
1.1.2 These Terms are governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts;
1.1.3 Failure to enforce any part of these Terms does not imply a waiver of that provision;
1.1.4 If any part of these Terms, this Agreement or any other provisions by way of reference incorporated herein shall contain any term of provision which shall be invalid or deemed unenforceable, then the remainder of the Agreement or other instrument by way of reference incorporate herein, as the case may be, shall not be affected thereby and shall remain valid and in full force and effect to the fullest extent permitted by law;
1.1.5 You may not transfer or assign any rights or obligations under this Agreement. Any attempted transfer or assignment will be void. We may transfer or assign all rights and obligations under this Agreement, in whole or in part, without notifying you. Lifeweave can be replaced with any third party that takes on our rights and obligations under this Agreement, through a unilateral novation effective upon notification to you;
1.1.6 These Terms include a mandatory arbitration clause, (Section 11), that requires disputes to be resolved through individual arbitration instead of through jury trials or class action lawsuits. Please review this section thoroughly as it significantly impacts your legal rights, including the ability to pursue litigation in court;
1.1.7 You are free to delete your account at any time.

1.2 LIFEWEAVE DOES NOT PROVIDE GENETIC HEALTH RESULTS. THE PRIMARY PURPOSE OF LIFEWEAVE SERVICES IS TO CREATE CUSTOM TAPESTRIES. WE DO NOT PROCESS, SELL, OR SHARE YOUR HEALTH DATA WITH THIRD PARTIES.

1.3 LIFEWEAVE IS NOT A LICENSED CLINICAL LABORATORY. THE SERVICES PROVIDED BY LIFEWEAVE ARE NOT INTENDED TO OFFER ANY INFORMATION, WHETHER DIRECT OR INDIRECT, ABOUT YOUR CURRENT HEALTH STATUS OR TO BE USED FOR MAKING MEDICAL DECISIONS. THIS INCLUDES DECISIONS SUCH AS WHETHER TO TAKE MEDICATION, HOW MUCH MEDICATION TO TAKE, OR DETERMINING ANY TREATMENT OR MEDICAL OPTIONS. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT THE INFORMATION YOU MAY RECEIVE, DIRECTLY OR INDIRECTLY, THROUGH LIFEWEAVE’S SERVICES, PLEASE CONSULT YOUR PHYSICIAN OR HEALTHCARE PROVIDER.

1.4 If you do not agree to the Lifeweave Terms of Service, please refrain from using Lifeweave’s Services and from ordering a Lifeweave Product.

2. Eligibility Requirements

2.1 We aim to make our Services available to everyone. However, there are certain limitations regarding who can use them. By accessing Lifeweave Services you confirm and agree that:

2.1.1 You are legally able to enter into a binding agreement with Lifeweave;
2.1.2 You are at least 18 years old;
2.1.3 Any sample you provide is either your own, a minor’s for whom you are the parent or legal guardian, or from an individual for whom you are legally authorized to act;
2.1.4 You are not restricted by law from receiving the Services based on your location or jurisdiction;
2.1.5 You are not an insurance company or an employer;
2.1.6 You will not use Lifeweave Services for any investigative forensic purposes.

3. Important Considerations for Data Ownership and Third-Party Services

3.1 LIFEWEAVE IS NOT AFFILIATED WITH ANY THIRD-PARTY SERVICE AND CANNOT ASSIST WITH CONVERTING, ANALYZING, UPLOADING, OR SHARING YOUR GENETIC DATA WITH OTHERS.

3.2 LIFEWEAVE ALLOWS YOU, AS THE CUSTOMER, TO EXERCISE FULL OWNERSHIP OF YOUR GENETIC INFORMATION BY OFFERING THE OPTION TO DOWNLOAD YOUR RAW DATA. SHOULD YOU CHOOSE TO DO THIS, YOU MAY DECIDE TO INDEPENDENTLY SHARE YOUR GENETIC DATA WITH THIRD-PARTY PROVIDERS. PLEASE BE AWARE THAT ONCE YOU DOWNLOAD YOUR RAW DATA, IT LEAVES OUR SECURE DATA ENVIRONMENT. ALL DOWNLOADED DATA BECOMES SOLELY YOUR RESPONSIBILITY. FURTHERMORE, BY DOWNLOADING YOUR RAW GENETIC DATA:

3.2.1 You agree that any decision you make based on data generated through our Services is entirely your responsibility and will not impact Lifeweave;
3.2.2 You agree that Lifeweave is not liable for any information you obtain from its Services or from any third party of your choice. If you choose to access Genetic Information outside the scope of Lifeweave’s Services, be aware that the knowledge you may gain may be permanent. It’s important to understand that any information provided to you, now or as genetic research evolves, may not be what you expect or welcome. We encourage you to speak with a genetic counselor to best understand your Genetic data. Additionally, by using a third-party service, you may discover unexpected or unsettling information about yourself or your family, which you may not be able to change or control. If you’re uncertain about the process, we recommend that you consult with your physician or with a genetic counselor before sharing your genetic data with any third parties. Lifeweave does not provide advice on the best course of action;
3.2.3 You are aware that Lifeweave’s Services are not designed to be used for indirect diagnostic purposes and are not a substitute for professional medical advice.
3.2.4. Any and all GENETIC DATA is not considered protected Healthcare information under the Standards for Privacy of Individually Identifiable Health Information (45 CFR Parts 160 and 164) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and/ or M.G.L. ch 112, § 12CC. If any GENETIC DATA is considered Protected Healthcare information, user agrees to, and hereby names Lifeweave as an Authorized Recipient for healthcare disclosure under the Standards for Privacy of Individually Identifiable Health Information (45 CFR Parts 160 and 164) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and M.G.L. ch 112, § 12CC

3.3. If you choose not to receive your raw data, your Genetic Information will be marked for deletion and permanently removed from our servers.

4. Re-processing Samples Policy

4.1 There may be instances where the laboratory is unable to process your sample, or errors occur during the laboratory process. For example, this could happen if your saliva sample does not contain enough DNA, if the saliva provided is insufficient, or if the results from the processing do not meet the accuracy standards of the laboratory.

4.1.1 If processing fails for any of these reasons, we will provide you with a free sample collection kit to repeat the process.
4.1.2 If the second sample processing is also unsuccessful, we may decide to not send any further sample collection kits. In such cases, you will be entitled to a full refund of the amount paid to Lifeweave, excluding shipping and handling fees. In such case, you will not be permitted to resubmit another sample by making a future purchase of Lifeweave Products.
4.1.3 If you violate this policy (or attempt to circumvent it) by resubmitting another sample through a future purchase of Lifeweave’s Products and processing is unsuccessful, we will not offer a replacement sample or provide a refund.

5. Return and Refund Policy

5.1 If you receive a defective saliva collection kit, you may request a replacement kit at no additional cost by returning the unused defective kit. Do not refuse the package upon delivery, and do not return it to the sender. We do not offer refunds or replacements for kits that have been used or partially used. To return your defective and unused genetic test kit, remove or black out any existing shipping label and then send the kit to:

Lifeweave, LLC
25 Jeffrey’s Neck Road
Ipswich, MA 01938

5.2 All our tapestries undergo two levels of quality inspection, but in the rare occurrence that you have received a defective tapestry, or the wrong one, you can request a replacement. To do so, please email photo and/or a video documentation of the defect or error to customercare@lifeweave.app If your return request is approved, you will receive a prepaid shipping level and must use it to send the defective tapestry in its original packaging. Once we receive it, the tapestry will undergo a third quality inspection, and we will make a final decision as to any alleged error or defect. Lifeweave maintains the right to make unappealable decisions on this matter. We will honor these Terms and exchange any tapestry that presents a clear production defect that was caused by Lifeweave.

5.3 Unless mandated by applicable law, all Products payments are final, and no refunds or credits will be issued for partially used Services or non-defective Products.

6. General Guidelines

6.1 By using Lifeweave, you agree to the General Guidelines outlined below:

6.1.1 Any information that can potentially be derived from your sample remains your property, subject to the rights we retain as described in our Terms of Service;
6.1.2 You grant permission to Lifeweave, its contractors, collaborators, and assignees to process your submitted sample(s) and Personal Information;
6.1.3 You specifically authorize Lifeweave to handle your Personal and Genetic Information and make it available to you and who you authorize, as described in these Terms;
6.1.4 Once your saliva sample is submitted and received by us, it is processed in a way that cannot be reversed, and the sample cannot be returned to you;
6.1.5 You understand that by providing a sample, having your Genetic Information processed, accessing your information, or submitting any data, you do not gain any rights to, nor will you receive compensation for, any Products or Services that Lifeweave or its collaborators may develop in the future.

7. User Conduct

7.1 As a condition of using Lifeweave’s Services, you may not attempt to obtain materials or information through unauthorized means. You further agree not to use the Services for any unlawful purpose or in any way that could harm, disable, overburden, or interfere with Lifeweave or another person’s use of the Services. You further agree not to:

7.1.1 Counterfeit Lifeweave Products or reproduce Lifeweave’s logos or intellectual property without permission;
7.1.2 Alter headers or manipulate identifiers to disguise the origin of content sent through Lifeweave’s Services;
7.1.3 Impersonate anyone, including Lifeweave affiliates, or misrepresent your affiliation with any person or entity;
7.1.4 Upload, post, email, or transmit any derogatory or obscene material, including slurs, harassment, or disparagement based on race, gender, sexual orientation, age, disability, religion, politics, or other protected statuses;
7.1.5 Transmit any content that you do not have the right to share under legal, contractual, or fiduciary obligations (including NDAs);
7.1.6 Send unsolicited advertising, ‘spam,’ ‘chain letters,’ ‘pyramid schemes,’ or other forms of solicitation;
7.1.7 Use Lifeweave Services for forensic purposes;
7.1.8 Request or attempt to access files posted by others that you know, or should know, cannot be legally shared with you or accessed by you;
7.1.9 Transmit content that infringes upon patents, trademarks, trade secrets, copyrights, or other proprietary rights;
7.1.10 Advertise or sell goods/services for business purposes without written approval from Lifeweave;
7.1.11 Transmit material containing viruses, malware, or any harmful code designed to disrupt software or hardware or ‘steal’ information;
7.1.12 Use any tools to extract, ‘scrape,’ or ‘crawl’ Lifeweave’s web pages or services without permission;
7.1.13 Simulate Lifeweave’s website appearance or functionality (for example, through ‘framing’ or ‘mirroring’);
7.1.14 Attempt to bypass or disable any security features of Lifeweave’s Services;
7.1.15 Interfere with Lifeweave’s servers or networks, or fail to comply with related policies or regulations;
7.1.16 Violate any applicable laws or regulations, intentionally or unintentionally;
7.1.17 Assist or encourage others to engage in any of the prohibited activities listed above.

8. Breach of Terms

8.1 Lifeweave retains the authority to revoke your access to the Services at any time, and without prior notice, if it believes you have violated these Terms. In the event of legal action, you agree to cover all legal costs and attorney fees incurred by Lifeweave, along with any other compensation awarded. Lifeweave is not responsible to you or any third party for ending your access as a result of an actual or suspected breach of Terms.

8.2 You acknowledge that any violation of these Terms constitutes an unfair business practice that may cause significant harm to Lifeweave. You agree that Lifeweave may seek other remedies, such as injunctive or equitable relief, in addition to any legal actions it might take, if it determines that financial compensation is not sufficient.

9. Account Creation and Responsibility

9.1 In order to acquire Lifeweave Products and use Lifeweave Services you are required to create an account. You agree to provide Lifeweave with accurate, up-to-date, and complete information for your account. If a parent or guardian is using Lifeweave Services on behalf of a minor, they are responsible for keeping the minor’s information secure and ensuring its accuracy. You are solely responsible for all activity associated with your Lifeweave account, and safeguarding your account and password is crucial. If you suspect that someone has accessed your account without permission, contact our Customer Care Team right away at customercare@lifeweave.app

10. Compliance with Local Laws and Data Export Regulations

10.1 you agree to respect all local regulations in your jurisdiction regarding online behavior and acceptable content. You also agree that:

10.1.1 The submission of your saliva sample is not restricted or banned for export in the jurisdiction in which you reside;
10.1.2 Your saliva sample and data may be transferred or processed outside your country of residence;
10.1.3 You will comply with all relevant laws related to the transmission of technical data exported from the United States or the country where you access Lifeweave’s Services.

11. Dispute Resolution

Our Customer Care team, reachable at customercare@lifeweave.app, is here to help resolve any concerns you may have about Lifeweave Services and Products. Please get in touch right away if you have any concerns.

11.1 Class and Collective Action Waiver. Both parties (you and Lifeweave) agree to bring disputes against one another only on an individual basis, rather than as a class action or collective action or class arbitration, to the fullest extend permitted by the law.

11.2 Informal Dispute Resolution. To expedite resolutions and minimize costs both parties agree to first try resolving any Dispute informally for a minimum of sixty (60) days before starting arbitration proceedings (the “Informal Dispute Resolution Period”). This period begins once we receive a valid written Dispute Notification. If we have a dispute with you, we will send the notice to the email address you provided. If you have a dispute with us, you agree to send a written notice by email to: legal@lifeweave.app. Please note that:

11.2.1 A valid ‘Dispute Notification’ must include the following: (i) a subject line labeled: “Dispute Notification”; (ii) a description of the claim or dispute and its supporting facts; (iii) the date the Dispute arose; (iv) the specific relief sought; and (v) your name, email address, and mailing address;
11.2.2 During the Informal Dispute Resolution Period, a video conference must be held between the parties to resolve the Dispute in good faith. You must personally attend the conference by phone or video; if you have legal representation, your attorney may join, but you must also be present. Each Dispute will require a separate conference, even if multiple users are represented by the same attorney(s), unless both parties agree otherwise. Engaging in this informal dispute resolution is mandatory before initiating arbitration proceedings. The Statute of Limitations (see section 10.7) and any filing deadlines will be halted until this process has ended. If a party violates this requirement, a court can stop the arbitration proceeding, and the arbitration provider is not allowed to accept or charge fees related to such arbitration.

11.3 Scope: The parties hereby agree that unless otherwise specifically required by law, any and all disputes, and legal and equitable claims arising between or among the parties, or any combination of them, which relate to the rights and obligations of such persons under the terms of this agreement, shall be submitted to binding arbitration, subject to the terms in this section. Any person who commences such arbitration hereunder or any litigation in violation of the terms hereof, and fails to prevail, shall be liable for all reasonable Costs and expenses of the arbitration or litigation, including without limitation the fees of the arbitrator(s) and legal counsel to all parties, and witness fees of all parties to the proceeding. Additionally, any dispute, claim, or controversy between you and Lifeweave, arising after these Terms take effect, including disputes related to these Terms or your use of the Services (each, a “Dispute”), will be resolved through binding arbitration, except as outlined in section 11.6 (“Exceptions to Binding Arbitration”).

11.4 Governing Authority: Both parties agree that these Terms involve interstate commerce. Therefore, any arbitration under them will be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

11.5 Binding Arbitration: If, after the Informal Dispute Resolution Period and the required conference, you and we are still unable to resolve the Dispute, either party has the option to begin arbitration proceedings.

11.5.1 Procedure: To begin arbitration after the Informal Dispute Resolution Period, the initiating party must send a written demand for arbitration to the other party and file the demand with the appropriate arbitration provider. If initiating arbitration against Lifeweave, the written demand should be sent to Lifeweave, LLC, 25 Jeffrey’s Neck Road, Ipswich, MA 01938. By signing the demand for arbitration, the party and their counsel certify, after reasonable inquiry, that: (i) the demand is not for any improper purpose, such as harassment or unnecessary delays; (ii) the claims are warranted by current law or a nonfrivolous argument for changing existing law; (iii) the factual claims have or are likely to have evidentiary support after further investigation or discovery; and (iv) the party has complied with the Informal Dispute Resolution Period, including participation in an in-person conference. The Arbitrator may grant relief or sanctions under Federal Rule of Civil Procedure 11 or relevant state laws if either party fails to meet these requirements.
11.5.2 Binding Arbitration Hearing: If you reside in the United States, the arbitration hearing will be held in your county or another agreed-upon location. If you live outside the United States, the hearing will take place in Essex County, Massachusetts, unless another location is mutually agreed upon. For disputes with claims under USD 3,500.00 the matter may be resolved via document submission only, unless the arbitrator determines that an in-person hearing is necessary. If a hearing is held, both parties may participate remotely, unless the arbitrator decides otherwise.
11.5.3 Language: The arbitration will be conducted in English.
11.5.4 Pronouncement: The arbitrator will follow applicable law and issue a written decision. A statement of reasons is not required unless requested by one of the parties. The arbitrator’s decision will be final and binding on both parties, and any awarded judgment can be enforced in a court with appropriate jurisdiction. The arbitrator will decide the scope and enforceability of this arbitration agreement, including the arbitration of any Dispute, and is empowered to grant any relief available in a court of law or equity.
11.5.5 Binding Arbitration Costs: The recovery of attorneys’ fees, costs, and arbitration fees will be governed by applicable laws and arbitration rules. Either party may request that the arbitrator award attorneys’ fees and costs if it is shown that the other party has asserted claims or defenses that are groundless, persecutory, or brought in bad faith.

11.6 Exceptions to Binding Arbitration. Granted the agreement to resolve disputes through arbitration, either party may have recourse to the following exceptions:

11.6.1 Either party may seek resolution in small claims court for individual disputes that fall within the court’s jurisdiction. If arbitration is initiated, either party can request, in writing to the other party and the arbitration provider, that the case be transferred to small claims court before an arbitrator is formally appointed. In such cases, the arbitration provider will close the case, and no filing fees will be charged to either party. If there is a dispute about whether a case belongs in small claims court, the decision will be made by small claims court or a court of competent jurisdiction, not the arbitrator;
11.6.2 Either party may bring claims in state or federal court for copyright or trademark infringements, piracy, and moral rights violations.

11.7 Statute of Limitations. You agree that any claim or cause of action arising from the use of the Services must be filed within one (1) year of when the claim or cause of action arose or it will be barred, regardless of any statute or law to the contrary.

11.8 Forum. Both parties agree to resolve disputes not subject to arbitration exclusively in state or federal courts located in Essex County, Massachusetts (except for small claims cases, which can be filed in your local jurisdiction). Both parties waive any objections related to jurisdiction, venue, or the inconvenience of this forum.

11.9 30-Day Opt-Out Option. You have the option to opt-out of the arbitration and class action waiver provisions. To do so, you must send a written notice by emailing legal@lifeweave.app with "Opt-Out" in the subject line. The notice must be submitted within thirty (30) days of your first use of Lifeweave’s Services. If you opt-out, neither you nor Lifeweave will be bound by the arbitration clauses.

12. Service Changes, Cessation and Survival of Terms

12.1 Service Changes. Lifeweave reserves the right to change, suspend, or stop offering its Services at any time and with or without notice as it sees fit. If you breach the Terms, or if we have reason to believe you have done so, your account may be suspended or terminated, and you may be permanently barred from using our Services.

12.2 Cessation of Service. Any illegal, abusive, or fraudulent activity may lead to the termination of your access and could be reported to law enforcement. Lifeweave may also terminate its agreement with you for superseding commercial or legal reasons. You agree that Lifeweave holds no liability to you or any third party for terminating your access to the Services. Furthermore, you agree to defend and compensate Lifeweave and its affiliates for any liabilities, costs, or damages arising from your breach of the Terms.

12.3 Survival of Terms. Both parties will remain obligated to follow all provisions in these Terms except those related to ‘Cessation of Service,’ even after the Terms have been terminated for whichever reason.

13. Liability Limitations, Indemnity, and Warranties Disclaimers

13.1 Liability Limitations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIFEWEAVE IS NOT LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM: (i) YOUR USE OR INABILITY TO USE LIFEWEAVE SERVICES; (ii) FAILURE TO SECURE YOUR ACCOUNT OR PASSWORD; (iii) YOUR MISUES OF ANY DATA ACCESSED THROUGH LIFEWEAVE SERVICES; (iv) UNAUTHORIZED ACCESS TO YOUR DATA OR OUR SERVICES; (v) ACTIONS OR STATEMENTS BY THIRD PARTIES.

13.2 Indemnity Statement. YOU AGREE TO DEFEND AND HOLD HARMLESS LIFEWEAVE AS WELL AS ALL ITS CONTRACTORS, PARTNERS, EMPLOYEES AND SUCCESSORS FROM ANY CLAIMS OR DEMANDS MADE BY YOU OR THIRD PARTIES DUE TO OR ARISING FROM (i) YOUR USE OF LIFEWEAVE SERVICES; (ii) YOUR VIOLATION OF THE TERMS OR LIFEWEAVE’S RIGHTS; (iii) THE USE OR DISCLOSURE OF YOUR INFORMATION, CONSISTENT WITH OUR PRIVACY STATEMENT, OR (iv) FROM THIRD-PARTY TOOLS YOU CHOOSE TO USE. ADDITIONALLY, IF YOU SHARE YOUR INFORMATION WITH THIRD PARTIES, EITHER INTENTIONALLY OR UNINTENTIONALLY, YOU AGREE TO HOLD LIFEWEAVE HARMLESS FROM ANY LIABILITY ARISING FROM SUCH DISCLOSURES.

13.3 Warranties Disclaimer. GRANTED THAT LIFEWEAVE WILL ALWAYS LABOR, TO THE BEST OF ITS POSSIBILITY, TO PROVIDE HIGH-QUALITY SERVICES AND PRODUCTS, YOU UNDERSTAND AND AGREE THAT: (I) YOUR USE OF LIFEWEAVE SERVICES IS ENTIRELY AT YOUR OWN RISK; LIFEWEAVE SERVICES AND PRODUCTS ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE;’ (II) PRICES, PRODUCT DETAILS, AND LIFEWEAVE SERVICES MAY CONTAIN ERRORS, MAY BE INTERRUPTED, OR MAY NOT BE FULLY SECURE; (III) THE QUALITY OF ANY SERVICES OR PRODUCTS OBTAINED THROUGH LIFEWEAVE MAY NOT MEET YOUR EXPECTATIONS; (IV) LIFEWEAVE MAY NOT BE ABLE TO CORRECT ALL ISSUES YOU ENCOUNTER WHILE USING THE SERVICES. FURTHERMORE, YOU UNDERSTAND AND AGREE THAT (V) ANY CONTENT YOU DOWNLOAD OR OBTAIN THROUGH LIFEWEAVE SERVICES IS AT YOUR DISCRETION AND RISK, AND YOU ALONE ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA; (VI) NO ADVICE OR INFORMATION, WHETHER WRITTEN OR SPOKEN, OBTAINED FROM LIFEWEAVE OR ANY THIRD PARTY, CREATES ANY WARRANTY THAT IS NOT CLEARLY OUTLINED IN THE TERMS; (VII) YOU MUST EXERCISE CAUTION WHEN SHARING YOUR PERSONAL INFORMATION. MOREOVER, YOU ACKNOWLEDGE AND ACCEPT THAT (VIII) LIFEWEAVE DOES NOT OVERSEE OR ENDORSE ANY ACTIONS TAKEN AS A RESULT OF ACCESSING LIFEWEAVE SERVICES AND DENIES RESPONSIBILITY FOR ANY OUTCOMES; AND THAT (VIII) LIFEWEAVE MAY SHARE INFORMATION RELEVANT TO TRANSACTIONS, SUCH AS CREDIT CARD OR SHIPPING DETAILS, WITH THIRD PARTIES TO COMPLETE REQUESTS INITIATED BY OR ON YOUR BEHALF.

14. Official Notices

Any notice you provide that does not comply with Lifeweave’s Terms will be legally invalid. Official Notices to Lifeweave should be sent to the following address:

Lifeweave, LLC
25 Jeffreys Neck Road,
Ipswich MA 01938
USA

Intellectual Property Policy

Last Updated: October 18, 2024.

Lifeweave Intellectual Property Rights Policy may be subject to future updates. If we make any significant changes, we may post a notice on our website or email the address linked to your account.By continuing to use our Services after such updates, you are agreeing to the updated policy.

1. User-Generated Content

1.1 “User-Generated Content” is the term we use to describe all forms of information, including data, text, images, and other media, created by Lifeweave Users and shared or transmitted via Lifeweave Services.

1.2 By accessing Lifeweave Services, you confirm that you have the necessary rights, authority, and permissions to grant the following:

1.2.1 Unless specified otherwise, you maintain ownership of copyrights and any other rights to the User-Generated Content you share through Lifeweave Services;
1.2.2 You acknowledge that all responsibility for the User-Generated Content you upload, post, or transmit via Lifeweave Services rests solely with you;
1.2.3 You understand that you should not expect any financial compensation from Lifeweave for having your User-Generated Content processed, accessed, or shared, whether by Lifeweave’s partners or by third parties;
1.2.4 Lifeweave reserves the right—but is not obligated—to modify or remove any User-Generated Content at its discretion, particularly if it violates the Terms of Service or is deemed inappropriate by Lifeweave.

2. Use of Lifeweave Content

2.1 With the only exception of User-Generated Content, all other visual elements (text, graphics, digital interfaces, photographs, trademarks, logos, artworks, etc.) and all computer code used for Lifeweave Services and Products are collectively termed ‘Lifeweave Content.’ Lifeweave Content includes but is not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the elements that constitute Lifeweave Services and Products. Lifeweave Content is owned, controlled, or licensed by or to Lifeweave and is protected accordingly.

2.2 Lifeweave grants you a limited license to access and enjoy Lifeweave Content provided that you adhere to the following conditions:

2.2.1 You do not use Lifeweave Content for commercial purposes;
2.2.2 You refrain from altering or modifying Lifeweave Content in any way;
2.2.3 You do not remove any proprietary notices on Lifeweave Content;
2.2.4 You do not offer any warranties beyond those explicitly stated by Lifeweave;
2.2.5 You do not re-distribute Lifeweave Content.

3. Product Warranty

3.1 This warranty, as well as any other expressed or implied warranties, applies solely to Lifeweave Products purchased directly from Lifeweave.app

3.2 Lifeweave guarantees that its Products will be free from defects in materials. In the exceptional cases where a material defect is present, Lifeweave will honor its ‘Return and Refund Policy’ (see section 5 of Lifeweave Terms of Service).

3.3 The unauthorized resale of Lifeweave Products is forbidden. Lifeweave cannot guarantee the quality of items bought through unofficial channels. No warranties or satisfaction guarantees are extended to items purchased from unauthorized resellers.

3.4 Lifeweave reserves the right to cancel orders or restrict purchases from customers suspected of buying Lifeweave Services and Products for resale on third-party platforms or engaging in fraudulent behavior.

4. Authorized Resale and Retail Guidelines

4.1 Only pre-approved retail partners are allowed to resell Lifeweave Products. No other party is authorized to sell or purchase Lifeweave Products from Lifeweave.app or authorized partners for resale. Without express written consent from Lifeweave, no individual or entity is permitted to sell Lifeweave Products on any existing or future e-commerce platforms. Unauthorized sellers are not granted licenses to use Lifeweave's trademarks or copyrights. Authorized partners are responsible for ensuring that Lifeweave Products are not sold to unauthorized resellers and must immediately stop doing business with any reseller identified as unauthorized by Lifeweave. All Lifeweave Products must be handled and stored according to the guidelines provided by Lifeweave, including secure, climate-controlled storage.

4.2 Authorized retail partners must sell Lifeweave Products in their original packaging. Repackaging, relabeling, or altering items or their packaging in any way is strictly prohibited. Tampering with or altering serial numbers, ID codes, or other details on the Product (or packaging) is not allowed. Partners may not modify or remove labels or documentation that comes with Lifeweave Products. The commercial use of Lifeweave Content (including trademarks, logos, product names, and slogans) is permitted only as authorized by Lifeweave, and partners must promptly comply with any requests to remove trademarked Lifeweave Content.

4.3 Retail partners cannot advertise services or display non-Lifeweave items in a way that suggests they are affiliated with or endorsed by Lifeweave. Exceptions to these provisions may be granted to specific retail partners who have received written permission from Lifeweave for business purposes.

Privacy Statement

Last Updated: October 18, 2024.

Your use of Lifeweave Services is governed by our Privacy Statement. We encourage you to review it to understand how we handle data. Our Privacy Statement applies to lifeweave.app and any Products and Services provided by Lifeweave, LLC.

Lifeweave states that your Genetic Information belongs to you and remains your property at all times, per our Terms of Service.

You can download your raw genetic data and you can request us to erase your Genetic Information at any point. You can close your account and request us to delete your Personal Information at any point.

We may update this Privacy Statement from time to time. If we make any significant changes, we may post a notice on our website or send an email to the address linked to your account. By continuing to use our Services after such updates, you are agreeing to the updated statement.

1. Terminology

1.1 Genetic Information is the term we use to indicate the data we obtain from processing and analyzing your saliva. Your Genetic Information belongs to you and remains your property. It is processed by us to produce the Lifeweave Product you ordered. You may also download your raw genetic data. You may request us to erase your Genetic Information at any point.

1.2 ‘Personal Information,’ is a broad term that includes five data typologies:

1.2.1 Individual: data linked to a single User;
1.2.2 Anonymized: redacted data in which all personally identifiable details (such as name and contact information) have been removed to prevent the identification of a single User;
1.2.3 Necessary: data you provide to order any Lifeweave Products and to use Lifeweave Services. This includes your name, user ID, password, shipping address, payment information (e.g., credit card), and other personal information (such as email, phone number, etc.) that Lifeweave may need to provide its Services and fulfill your requests;
1.2.4 Behavioral: information on how you and your devices use our Services. This information may be self-reported or collected through cookies and similar technologies (for more information on this please refer to our ‘Cookies and Social Media Policy’).

2. How and Why We Need Your Data

2.1 As outlined in our ‘Cookies and Social Media Policy,’ Lifeweave does not use your Genetic Information for personalized marketing or targeted advertisements.

2.2 The purposes for which your data is processed are circumscribed to the following cases: (a) Confirming your identity and managing your User Account; (b) Creating the Lifeweave Product you’ve ordered; (c) Enhancing, maintaining, and safeguarding our Services (including fraud detection and preventing illegal or unauthorized actions); (d) Communicating with you, including offering customer support; (e) Marketing campaigns; (f) Fulfilling legal, regulatory, and compliance obligations.

3. Data Gathering Practices

3.1 Lifeweave aims to gather only the information necessary to process purchases and similar requests, such as when a User orders a Lifeweave Product. Additional information may be collected if a User chooses to share it. For example, when a User connects their Lifeweave account with a third-party service for login, engages with Lifeweave on social media platforms, participates in surveys, or contacts our Customer Care service. Any interaction with us may result in further data collection.

3.2 On rare occasions, we may receive information about a User from third parties. For instance, this might happen if someone gifts a Lifeweave Product to another willing User.

3.3 Some additional details may be inferred by our systems using automated methods. For example, we may determine your general location (e.g., city, state, country) based on your IP address.

4. Data Sharing Practices

4.1 Lifeweave adopts an extremely strict and secure data-sharing policy. Lifeweave will not voluntarily share your information with: (a) Public databases; (b) Insurance providers; (c) Your employer; (d) Academic or research institutions.

4.2 Your information may be shared if you decide to share it and at your discretion. While we respect and support your right to choose, we strongly encourage caution when sharing data with third parties. If you share any information with a third party, they may use it differently than we do under this Privacy Statement and our Terms of Service. Please make any such choices carefully and review the privacy policies of all other third parties involved. For more information, please refer to section 3 of the Terms of Service (‘Important Considerations for Data Ownership and Third-Party Services’).

4.3 Nothing in this Privacy Statement limits your legal rights or defenses against a third-party request, including from the government, for your Personal Information. If we ever received such a request we will issue a 'Transparency Report' on Lifeweave’s website, regardless of the outcome. We may be forced to provide information to law enforcement agencies if we are legally required to do so through a valid court order, subpoena, or search warrant. If we are compelled to release your Personal Information, we will make every effort to notify you in advance, unless prohibited by law. We may also disclose your information if we believe in good faith that such action is necessary in the following cases: (a) pressing and superseding obligations under professional, legal, or ethical rules; (b) to enforce our Terms of Service and related policies; (c) to respond to claims of violation of third-party rights; or (d) to protect the rights, property, or safety of Lifeweave, its employees, partners, users, or the public.

4.4 Lifeweave shares Anonymized Information only with selected service providers. For example, we use external service providers for secure payments, order fulfillment and shipping; data encryption and secure storage. None of Lifeweave’s service partners can access and link your Personal Information (for example, your name and shipping or payment information) and your Genetic Information.

4.5 In the event of a bankruptcy, merger, acquisition, reorganization, or sale of assets, this Privacy Statement will continue to apply to your Personal Information, which may be transferred to the new entity.

5. Your User Dashboard Controls

5.1 These are the types of controls you have in your User Dashboard:

5.1.1 Account Settings. You can update your Personal Information in the Account Settings tab of the Dashboard (visible upon logging in). Please note that it may not be possible to always change all information (for example, you cannot change your shipping address while an order is being processed);

5.1.1.a Account Deletion. You can delete your Lifeweave User Account from the Account Settings page at any time. Upon account deletion, we will automatically discard your DNA sample and erase your information. You may still receive a Product if we have already shipped it. It will not be possible to download your raw genetic data or re-order a tapestry after your account has been deleted. Keep in mind that this process cannot be undone or reversed. In certain situations, an account deletion may be subject to temporary retention requirements for security reasons. Lifeweave is not responsible for any lost or deleted Data.

5.1.2 DNA Kits. You can visualize which DNA kits you have ordered. This page will be empty unless you submit at least one order;
5.1.3 Orders. You can visualize your past orders and track the status of ongoing orders;
5.1.4 Raw Data Download. You can request to download your raw genetic data once we have completed the production of your tapestry.

6. GDPR Compliance and Security Protocols

6.1 GDPR (General Data Protection Regulation). Lifeweave is committed to the protections enabled by GDPR, the toughest privacy and security law in the world. This regulation, enacted by the European Union, imposes strict obligations on organizations globally if they process or collect data from individuals within the EU. The GDPR reinforces Lifeweave’s privacy policies and takes precedence over other regulations for Lifeweave Users located in the EEA, Switzerland, and the UK.

6.2 Security Protocols. We employ physical, technical, and administrative measures to protect your Personal Information from unauthorized access or disclosure. Genetic Information generated from your saliva is securely stored on Terra.bio, a renowned platform for biomedical data management developed by the Broad Institute of MIT and Harvard in collaboration with Microsoft and Verily. Data on Terra is fully encrypted, both in transit and at rest, and undergoes regular audits and threat detection. For more information, visit Terra Security (https://terra.bio/terra-security/). User payments are processed through Stripe using AES-256 encryption. The service meets stringent certification standards for safe transactions. Furthermore, Lifeweave continually enhances its security practices to safeguard system integrity and User data.

6.3 Personal Accountability. Protecting your Personal Information is also your responsibility. Safeguard your password and login information from third parties, and immediately report any unauthorized access to your account. Your password is encrypted and cannot be seen by Lifeweave employees. We strongly advise against sharing your password with anyone. Lifeweave cannot protect information you choose to disclose or request us to release.

6.4 Optional Integrations. Lifeweave may offer integrations with third-party websites and plugins, for example to facilitate the login process through a Google or Facebook account. Lifeweave Users are not obligated to use these integrations. For more information refer to section two of Lifeweave’s ‘Cookies and Social Media Policy.’

6.5 Data Retention. We retain your Personal Information only as long as needed to provide the Services and fulfill legal or contractual obligations. Retention periods vary depending on the nature of the data and on legal requirements. In cases of legal proceedings, subpoenas, or regulatory demands, Lifeweave may be legally required or may choose to retain your Personal Information even after you’ve requested deletion or closed your account. We may also retain limited details related to your account or data deletion requests, such as your email address or communications regarding inquiries, as required by law or for legal defense, audit, or compliance purposes.

6.6 Data Portability. You can request a copy of your Personal and Genetic Information in a portable format. Once we verify your identity, we will provide an export link via the email associated with your request, allowing you to transfer your data to a personal device. For more information refer to section three of Lifeweave’s ‘Terms of Service.’

7. Further Inquiries

If you have any questions about this Privacy Statement, or have a complaint or inquiry, please contact us at legal@lifeweave.app or send a letter to:

Lifeweave, LLC
25 Jeffreys Neck Road,
Ipswich MA 01938
USA

Legal

Terms of Service

1. Overview

2. Eligibility Requirements

3. Important Considerations for Data Ownership and Third-Party Services

4. Re-processing Samples Policy

5. Return and Refund Policy

6. General Guidelines

7. User Conduct

8. Breach of Terms

9. Account Creation and Responsibility

10. Compliance with Local Laws and Data Export Regulations

11. Dispute Resolution

12. Service Changes, Cessation and Survival of Terms

13. Liability Limitations, Indemnity, and Warranties Disclaimers

14. Official Notices

Intellectual Property Policy

1. User-Generated Content

2. Use of Lifeweave Content

3. Product Warranty

4. Authorized Resale and Retail Guidelines

Privacy Statement

1. Terminology

2. How and Why We Need Your Data

3. Data Gathering Practices

4. Data Sharing Practices

5. Your User Dashboard Controls

6. GDPR Compliance and Security Protocols

7. Further Inquiries

Cookies and Social Media Policy

1. HTTP Cookies and Web Services

2. Social Media Integrations

3. Managing Your Privacy