These Terms of Use (“Terms”) are a binding agreement between you and MyHappyGenes, Inc. (“MyHappyGenes®,” “we,” “us,” or “our”) governing your access to and use of www.myhappygenes.com, app.myhappygenes.com, our DNA test kits, reports, and related services (together, the “Services”). By accessing the Services, creating an account, or purchasing a kit or report, you agree to these Terms and to our Privacy Policy and Consumer Health Data Privacy Policy, which are incorporated by reference. If you do not agree, do not use the Services.

Arbitration and class-action waiver notice. Section 20 requires most disputes to be resolved by binding individual arbitration and waives class actions. Please read it carefully.

You must be at least 18 years old and able to form a binding contract to use the Services and to purchase a kit. A parent or legal guardian may purchase and manage a kit and reports on behalf of a minor child and is responsible for that use. Do not submit another person’s DNA or personal information without their authorization (or, for a minor, without being their parent/guardian).

We provide a DNA collection kit, laboratory genotyping, and educational genetic reports (such as the Mood & Personality and Diet & Lifestyle reports). Independent licensed health practitioners may also use our platform to access advanced reports and to work directly with their own clients. The Services provide general wellness, educational, and informational content based on genetic data. They are not a medical diagnostic service. See the Medical Disclaimer (Part B), genetic-testing limitations (Section 8), the Practitioner section (Section 11), and the Supplement Disclaimer (Part C).

You are responsible for the accuracy of your registration information and for keeping your login credentials confidential. You are responsible for all activity under your account. Notify us immediately at [email protected] if you suspect unauthorized access. You may label your account and reports as you choose and may delete your data, reports, or account as described in our Privacy Policy.

• Prices are shown on the Services and may change; the price at checkout applies to your order.

• You authorize us and our payment processor to charge your selected payment method for your order, including applicable taxes and shipping.

• Practitioner fees (for example, for advanced reports interpreted by a licensed provider) are not included in our prices and are set and charged by the practitioner.

• HSA/FSA: some purchases may be HSA/FSA eligible, but eligibility depends on your plan. We do not guarantee eligibility — confirm with your plan administrator.

• We do not sell subscriptions or auto-renewing products; purchases are one-time unless expressly stated otherwise at checkout.

Follow the kit instructions for sample collection and return. Results depend on a usable sample; if a sample cannot be processed, we will work with you on a replacement consistent with our policies. Our laboratory identifies your sample by the kit barcode and destroys the physical sample after 90 days; data extracted from your sample remains available in your account until you delete it, as described in our Privacy Policy.

Purchases are subject to our Return & Refund Policy, available on the Services and incorporated by reference. Because genetic testing involves processing a biological sample, certain items may be non-refundable once processing has begun, as stated in that policy.

Our reports are educational and based on associations described in scientific literature; they are not diagnostic tests and are not a substitute for clinical genetic testing, diagnosis, or medical care. Genetic associations indicate tendencies and probabilities, not certainties, and many factors beyond genetics affect health. Results should not be used to make medical decisions without consulting a qualified healthcare provider. You acknowledge that genetic information may reveal unexpected information about you and your relatives.

Non-discrimination context. U.S. federal law (the Genetic Information Nondiscrimination Act, “GINA”) and some state laws limit certain uses of genetic information by employers and health insurers, but protections are not absolute (for example, GINA does not cover life, disability, or long-term-care insurance). Consider this before sharing your results.

The Services do not provide medical advice and do not create a doctor–patient relationship. See the full Medical Disclaimer in Part B, which is part of these Terms.

MyHappyGenes® does not sell supplements and does not provide supplement recommendations directly to consumers. Reports that include supplement-related guidance are available only through an independent licensed practitioner who oversees the client, and any supplement suggestions are made by that practitioner in the exercise of their own professional judgment and responsibility. MyHappyGenes® does not direct, prescribe, or guarantee any supplement or result. See the Supplement Disclaimer in Part C, which is part of these Terms.

Practitioners who use the Services are independent licensed professionals. They are not employed, contracted, supervised, credentialed, or controlled by MyHappyGenes®, and they are not our agents — they use our platform to serve their own clients. Each practitioner assumes full responsibility and liability for their relationship with, and any advice, interpretation, or supplement recommendations provided to, their clients, and agrees to a separate practitioner agreement and waiver acknowledging this when they join.

MyHappyGenes® does not practice medicine, does not establish a doctor–patient relationship, does not credential or verify practitioners, and does not guarantee any practitioner’s advice, availability, or results. Any relationship and any fees are solely between you and the practitioner. It is your responsibility to confirm a practitioner’s licensure and qualifications. Any consultation offered by a licensed professional is subject to that professional’s own licensure, scope of practice, and the laws of the relevant state.

If you submit a review, testimonial, comment, or other content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute it in connection with the Services. You represent that your submission is truthful, reflects your honest experience, and that you disclose any material connection to us (for example, if you are a practitioner, affiliate, or were compensated or given free product). We do not permit fake, incentivized-but-undisclosed, or misleading reviews. Individual results vary and are not typical or guaranteed.

The Services and their content — including the MyHappyGenes® name and logo, reports, text, graphics, and software — are owned by or licensed to us and protected by intellectual-property laws. We grant you a limited, personal, non-transferable license to use the Services and your own reports for your personal, non-commercial purposes. You may not copy, resell, reverse-engineer, scrape, or create derivative works from the Services without our written permission.

DMCA. If you believe content on the Services infringes your copyright, send a notice with the elements required by 17 U.S.C. § 512(c)(3) to our designated agent at [email protected]. We respond to valid notices and may terminate repeat infringers. Knowingly material misrepresentations in a notice may create liability under § 512(f).

You agree not to misuse the Services, including by: violating law or others’ rights; uploading another person’s genetic or personal data without authorization; attempting to gain unauthorized access; interfering with the Services’ operation or security; or using the Services to provide medical advice if you are not appropriately licensed.

The Services may link to third-party sites, products, or laboratories. We are not responsible for third-party content or practices, and your use of them is at your own risk and subject to their terms and policies.

Your use of the Services is also governed by our Privacy Policy and our Consumer Health Data Privacy Policy, which describe how we handle personal information, genetic data, and consumer health data, and your choices and rights.

EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES OR REPORTS WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT RESULTS WILL ACHIEVE ANY PARTICULAR HEALTH OUTCOME. Some states do not allow certain warranty exclusions, so parts of this section may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYHAPPYGENES AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA, ARISING FROM OR RELATED TO THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE IT AROSE.

You agree to indemnify and hold MyHappyGenes® harmless from claims, losses, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Services, your violation of these Terms, or your submission of another person’s data without authorization.

Please read this section carefully — it affects your legal rights. First, the parties will try to resolve any dispute informally by contacting each other. If unresolved within 30 days, the dispute will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules, rather than in court, except that either party may bring qualifying claims in small-claims court.

Class-action waiver. Disputes will be arbitrated only on an individual basis; class, collective, and representative actions are not permitted. Opt-out. You may opt out of arbitration by sending written notice to [email protected] within 30 days of first accepting these Terms.

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. Subject to Section 20, the exclusive venue for any permitted court action is Martin County, Florida.

We may update these Terms from time to time. We will post the updated Terms with a new effective date and, for material changes, provide additional notice. Your continued use after changes take effect means you accept the updated Terms.

We may suspend or terminate your access if you violate these Terms or misuse the Services. You may stop using the Services and delete your account at any time. Sections that by their nature should survive termination (including Sections 13 and 17–21, and 25) will survive.

By using the Services or contacting us, you consent to receive communications from us electronically (by email, phone, text, or posted notice), and you agree that electronic communications satisfy any legal requirement that a communication be in writing.

Email (CAN-SPAM). Our marketing emails comply with the CAN-SPAM Act; you can unsubscribe using the link in any marketing email. We may still send service and account messages.

Text messages. We do not send marketing text messages. Any text message we send is limited to service or account matters you have requested; message and data rates may apply.

Export. The Services are subject to U.S. export-control laws. You represent that you are not located in, and will not use the Services in, a sanctioned country, and that you are not a prohibited or restricted party.

California residents. If you are a California resident, you waive California Civil Code §1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

These Terms, the Privacy Policy, and the Consumer Health Data Privacy Policy are the entire agreement between you and us regarding the Services. If any provision is unenforceable, the rest remain in effect. We may assign these Terms; you may not without our consent. Our failure to enforce a provision is not a waiver. We are not liable for delays or failures due to events beyond our reasonable control.

Contact our Privacy Officer:

MyHappyGenes, Inc. — Attn: Privacy Officer
Stuart, Florida
Email: [email protected]   |   Phone: 678-771-5682 

For full details, see our Privacy Policy and Consumer Health Data Privacy Policy, linked in the footer of our homepage.

Using the Services does not create a doctor–patient relationship. Genetic associations describe tendencies, not certainties, and are only one part of your overall health picture. Always seek the advice of your physician or another qualified provider with any questions about a medical condition, your medications, or before starting, stopping, or changing any diet, supplement, exercise, or treatment — including any medication such as an antidepressant, which should never be started or stopped except under the supervision of your prescribing provider.

Never disregard or delay seeking professional medical advice because of something you read, watched, or received from the Services. If you think you may have a medical emergency, call your doctor or 911 immediately.

MyHappyGenes® does not practice medicine and does not guarantee any particular health result. Individual results vary.

MyHappyGenes® does not sell supplements and does not provide supplement recommendations directly to consumers. Reports containing supplement-related guidance are available only through an independent licensed practitioner who oversees the client; any specific supplement suggestion is made by that practitioner using their own professional judgment, and that practitioner is solely responsible for it.

Where supplement or nutrient information is provided, it is educational and describes how a nutrient may support the normal structure or function of the body. It is not a prescription, is not intended to treat or prevent any disease, and is not a guarantee of results.

Dietary supplements can interact with medications and may not be appropriate for everyone, including people who are pregnant or nursing, have a medical condition, or are preparing for surgery. Always talk with your overseeing practitioner or your own healthcare provider before starting any supplement, especially if you take prescription medication; your practitioner can check for contraindications and interpret results in the context of your health.

Any supplement content is limited to permissible structure/function statements supported by competent and reliable scientific evidence; disease-treatment or cure claims are avoided. Supplement suggestions made by an independent practitioner are that practitioner’s responsibility.