THANKS FOR YOUR INTEREST IN 3X4 SERVICES AND OPENING THIS DOCUMENT!

These Terms of Service are a binding legal agreement between you and 3X4 Genetics and so please ensure you read and understand this document carefully. 

1. Definitions
   1. In this document, unless the context indicates otherwise: 
   2. “3X4 Genetics” refers to CIPHER GENETICS, INC. (doing business as 3X4 Genetics), primarily located at 3120 139th Avenue Southeast, Suite 500, Bellevue, WA 98005. 
   3. “3X4”, “we”, “us”, “our” and similar terms refers to 3X4 Genetics. 
   4. “You”, “Your”, “User”, “Patient”, “Customer”, “Client”, “Practitioner” and similar terms refers to every person that uses 3X4’s services. 
   5. “Terms of Service” refer to this document. 
   6. “Website” refers to either the website at address https://3X4genetics.com and at address https://kit.3X4.io, which are run by and owned by 3X4 Genetics. 
   7. “Third Party Supplier” refers to any service provider not directly employed by 3X4 that we have selected to assist us in fulfilling our 3X4 Services to you. Examples include the courier and laboratory services we use. 
   8. “3X4 Services”, “3X4 Content” or “3X4 Property” refers to the services we offer, the content we create and other property of ours. This includes, but is not limited to, our website, software, products, services, communications, in any capacity, embodied in, displayed, or provided directly or indirectly including but not limited to, trade names, domain names, material, logos, trademarks service marks, any other distinctive brand feature, graphics, images, photographs, design, software, algorithms, information, text, design, functionality, inventions, patents, sounds, music, videos, concepts, templates, documents, methodologies, standard operating procedures or any other materials, as accessed by you. 
   9. “3X4 Test”, “3X4 Genetic Test” or “3X4 Nutrigenomic Test”, “refers to the products that 3X4 sells, which includes testing your genes at a laboratory and providing you with a report that provides you with information regarding your genes. 
   10. “3X4 Blueprint”, “3X4 Report” or “3X4 Nutrigenomic Report”, refers to the 3X4-generated report that gives you information regarding your genes, which you will receive when purchasing a 3X4 Test. 
   11. “3X4 Feedback Session”, “3X4 Blueprint Feedback”, or “3X4 Blueprint Online Feedback Session” is a private and secure 60-minute session with a 3X4 Certified Practitioner in which they will take you through your 3X4 Blueprint. 
   12. “3X4 DNA Sample Kit” or “3X4 Kit” refers to the DNA sample kit that is supplied by 3X4, which uses a buccal swab to obtain a sample of your cheek cells. 
   13. “Your Completed DNA Sample”, “Your Completed Cheek Cell Sample” or “Your Genetic Sample” refers to your DNA sample that you have completed using the 3X4 DNA Sample Kit. 
   14. “3X4 Certified Practitioner” is a healthcare practitioner that has been selected by 3X4 to provide a 3X4 Feedback Session of your 3X4 Blueprint. 
   15. “User Content” refers to any information, data, audio, photographs, or other materials, that you have created and posted onto 3X4 online platforms, or sent to 3X4 via email or text message, whether privately or publicly. 
   16. “Personal Information” refers to information about an identifiable individual, including, but not limited to, information relating to gender, sex, age, language, education level, address and contact number.
       1. Personal Information includes your “Genetic Information”, which is information extracted from your DNA sample, whether taken from a cheek swab or saliva sample, in the form of genotypic data (for example, the As, Cs, Gs and Ts in a certain region of your genome). 
       2. Personal Information includes your “Self-Reported Information” including, but not limited to, your physical and mental health, well-being, disability, illness, medical history, bio-metric information, personal opinions, views or preferences. 
2. Introduction & Disclaimer 
   1. These Terms of Service govern the use of the 3X4 Services, the ordering and sale of a 3X4 Genetic Test, delivery of a 3X4 DNA Sample Kit and collection of Your Completed DNA Sample and a 3X4 Genetic Feedback Session. 
   2. The Website enables you to register your 3X4 DNA Sample Kit in tandem with your Personal Information. 
   3. If any rights in these Terms of Service are not enforced by you or 3X4, those rights are not waived. 
   4. If there is any term or obligation in these Terms of Service found to be invalid, all remaining terms and conditions remain in full effect. 
   5. Only by written agreement between you and 3X4 will we allow any amendments to the latest version of our Terms of Service. 
   6. These Terms of Service constitute a complete agreement between you and 3X4. 
   7. If you use any affiliate or Third-Party Supplier services, you will be subject to the terms and conditions of that service provider. 
   8. Limitations of liability: 
      1. 3X4 is not liable for any inaccurate information communicated to you, except for when liability arises due to gross negligence or willful misconduct of 3X4 or its authorized representatives. 
      2. 3X4 will not be held liable for any loss or damages, whether direct, indirect, special, incidental, or consequential loss or damages that may result from your use of the Website, or its content, or your ability to use the Website, and/or any illegal activity on the Website or linked third party website. 
      3. You hereby indemnify 3X4 from any loss, claim or damage you or any third party may suffer as a result of using, in any way, this website or linked third party website. 
      4. We will not be liable for any damages incurred of any Third-Party Supplier, including but not limited to any act, failure, omission or oversight when supporting 3X4 Services. 
      5. 3X4 cannot be held responsible for the content, goods, services or actions of any external resources or websites that we may link you to. 
   9. 3X4 may change or update these Terms of Service at any time. 
   10. 3X4 may terminate or update, either temporarily or permanently, the operation of its 3X4 Services at any time, for any reason, except to complete your outstanding order(s) for a 3X4 Test or providing you with a full refund for your 3X4 Test, within 30 days. You agree that 3X4 will not be liable to you, or any third party, for any losses or damages caused by the termination or delay of our 3X4 Services. 
   11. 3X4 does not agree to store for any length of time any of your Personal Information, including your Genetic Information, or User Content, other than as set out in Section 3q. 
   12. 3X4 may terminate our 3X4 Services to you and blacklist you on a database if there is suspected fraud, abuse of the Website or any other violations of these Terms of Service. 
   13. Your use of 3X4 Services is solely at your own risk. 
   14. These Terms of Service contain provisions which: 
       1. serve as an acknowledgement by you, of a fact; and/or 
       2. may create risk or liability for you; and/or 
       3. may compel you to indemnify 3X4 or a third party; and/or 
       4. may limit the risk or liability of 3X4 or a third party. 
   15. Using the Website and 3X4 Services is entirely at your own risk. You assume full responsibility for any risk or loss that results from your use of 3X4 Services, or any information provided by 3X4. 
   16. 3X4 cannot accept any responsibility for 3X4 Services rendered outside the terms of these Terms of Service.
   17. 3X4 will not monitor or administer any User Content posted on any 3X4 administered social media. 
   18. 3X4 has the right to review, move, modify or refuse any content available through our 3X4 Services. 
   19. 3X4 disclaims any liability for damages or losses incurred directly or indirectly as a result of your access to the Website, 3X4 Services and/or 3X4 administered social media, unless specified by law. By using this Website and 3X4 Services, you hereby indemnify 3X4 against any loss, claim or damage that may be experienced by you and any third party arising in any way. 
   20. Other than as expressly set forth in Sections 3r and 5d, 3X4 makes no representations or warranties and is not bound to any representations or warranties made by representatives of 3X4, whether express or implied, including but not limited to any warranties:
       1. of fitness for particular purposes, 
       2. of non-infringement, 
       3. of merchantability, 
       4. that our 3X4 Services will meet your requirements or expectations, 
       5. that our 3X4 Services will be accurate, reliable or error-free, or unfailingly secure, 
       6. that our 3X4 Services will not be interrupted or delayed, 
       7. that any known errors in our 3X4 Services will be corrected, 
       8. that any content downloaded from us will be free from any risk to you to your property, and/or your data. 
   21. 3X4 is not a healthcare provider and does not provide professional medical advice or services. 3X4 Tests are not diagnostic tests and are not predictors of future health.
   22. These Terms of Service are important and should be duly noted by you. 
3. Acceptance of Terms of Service 
   1. Any participation in 3X4 Services will constitute your acceptance of these Terms of Service.
      1. By using this website and using 3X4’s Services, you acknowledge that you have read, understood and agreed to these Terms of Service. 
      2. If anything in this document is unclear or you do not understand something, it is your responsibility to contact 3X4 to ask that we explain it to you. Contact us at info@3×4.io or +1 (425) 818-5333. 
      3. You understand that 3X4 may amend these Terms of Service and that it is your responsibility to check for any amendments and cease using 3X4 Services should you not agree to the amendments. Your use of the Website after any amendment constitutes agreement to the amendments. 
      4. You must not use this Website or 3X4 Services if you do not agree to these Terms of Service. 
      5. You are welcome, at any stage, to stop using 3X4 Services without needing to inform 3X4, subject to the terms in the Agreement of Sale specified in these Terms of Service. 
   2. You agree that, by using the Website, you are 18 years of age or older and of full legal capacity or are being supervised by your parent or legal guardian. If your parent or legal guardian supervises you with their consent, that person is bound to these Terms of Service and will be held liable for you and all your obligations in this document. 
   3. If you lack the ability to enter into a binding agreement or are not legally authorized to act on behalf of a person under the age of 18 years, you must not use 3X4 Services. 
   4. In terms of these Terms of Service, you may not transfer your obligations or rights to any third party. 
   5. You agree that you are using the 3X4 Services for personal use only. 
   6. When submitting your information and DNA sample, you represent that the sample is of your own genetic material. 
   7. You agree that any information you supply to 3X4 is true, accurate and complete. 
   8. You agree that you are not representing an insurance company, government or employer trying to obtain Genetic Information of another person, unless there is a separate, written agreement between you and 3X4. 
   9. You agree not to use 3X4 Services outside of the United States of America or South Africa.
   10. If you do not comply with your obligations under these Terms of Service, this may lead to a suspension of your access to the Website without any prejudice. 
   11. You will not use any means to interfere with the proper working of the Website. 
   12. You will obtain prior, written consent from 3X4 to copy, monitor or change the Website or any information displayed on the Website. 
   13. You may create Hyperlinks to 3X4Genetics.com, which are limited, non-exclusive and revocable and cannot portray 3X4, its affiliates, licensors, successors, Third Party Suppliers, products or services in any way that is defamatory, offensive, derogatory, or amounts to hate speech, or that causes confusion. 
   14. 3X4 Services may include third party logos, content, and trademarks, whereby the respective third party’s rights apply. 
   15. 3X4 Property is protected by law, including but not limited to copyright and trademark law, is considered the property of 3X4, its advertisers, successors, affiliates, and licensors and is licensed to 3X4. 
       1. Any use of the 3X4 Property is strictly prohibited, including but not limited to any use, derivation, copying, linking, framing, distribution, modification, or reverse engineering, without our written consent. 
       2. You agree that any misuse of 3X4 Property for commercial gain may result in monetary damages being claimed against you and you may be served with a legal restraint to cease and desist any activities of misuse, without us needing to demonstrate damages.
       3. You may be subject to criminal or legal claims for misusing 3X4 Property. 
       4. The 3X4 logo, or any associated logos, are registered or unregistered trademarks. 
       5. You may not use 3X4 Content or 3X4 Services to distribute material or speech that is defamatory, offensive, derogatory, or amounts to hate speech. 
       6. You may only use 3X4 Property where necessary to be able to access 3X4 Services that are specified in these Terms of Service. 
   16. Any 3X4 Content use, distribution or duplication is prohibited except for purposes authorized by these Terms of Service or by law. To obtain written permission from 3X4 to use our content, please write to us at info@3×4.io to submit your request at the sole discretion of 3X4. 
   17. This Website allows you to purchase the 3X4 Test and you understand and agree that your participation in 3X4 Services allows 3X4 to collect and store your DNA and disclose your personal, health and Genetic Information to a 3X4 Certified Practitioner, selected by 3X4. You understand that your acceptance, as set out in Section 3a, of these Terms of Service constitutes your express consent to and acceptance of the facts that: (1) your Genetic Sample is identified with a kit code to ensure it cannot be identified personally to you while in transit or by the laboratory, with such code and your name being linked and stored securely on 3X4’s Amazon Cloud-based servers accessible only to a minimal number of authorized 3X4 personnel; and (2) your Genetic Sample is stored securely by the laboratory for 6 months and then destroyed automatically.
   18. You understand and agree that your personal information is stored securely on 3X4 databases. 3X4 maintains procedures to protect your genetic information against unauthorized access, destruction, use, modification, and disclosure, to provide you with access to such information, and to delete such information (except as may be required to be retained under applicable law). This is explained in more depth in our Privacy Policy. If you are a California resident, you have the right to file a complaint under Section 56.182(c) of the California Civil Code if your rights under this paragraph are breached. 
   19. You waive any rights to any 3X4 Property by participating in 3X4 Services. 
   20. You waive any rights to compensation, by participating in 3X4 Services. 
   21. When you use 3X4 Services, you acknowledge and agree that they are supplied “as is” and “as available”. 3X4 performs ongoing genetic research and utilizes technology to continually update our Services so that we provide the best possible value to you.
   22. You agree that your DNA sample and DNA results can be processed, transported to, and/or transferred to a different country from where you reside. 
   23. Neither 3X4 Tests nor 3X4 Kits are available for resale, unless agreed to in writing. 
   24. You will immediately inform 3X4 by email (info@3×4.io) or phone call (+1 (425) 818-5333) if you reasonably suspect, or are made aware of, any unauthorized access to, or use of, the 3X4 Services or Personal Information on your mobile or any other of your communication or data storage devices. 
   25. Your agreement to the Terms of Service of 3X4's South African distribution partner Next Biosciences is at your discretion. 3X4 cannot accept responsibility for your agreement with Next Bioscience's Terms of Service.
4. Understanding 3X4 Services 
   1. About 3X4 science: 
      1. The 3X4 Test focuses on gene variants in key metabolic pathways that have a high level of scientific evidence and are clinically relevant. 
      2. Genetic variation is a term used to describe the variation in the DNA sequence in each of our genomes. Genetic variation is what makes us all unique, whether our hair color, skin color or the shape of our faces. 
      3. We refer to a gene variant as having a specific “impact”. The impact refers to how much the gene variation affects the protein’s function as well as the metabolic process the protein is involved in. 
      4. The gene variants that are tested by 3X4 are all considered “low penetrance” genes. This means that the gene by itself does not cause an illness or condition. 
      5. The 3X4 Test is not meant as a diagnostic tool but is rather used as a preventative and screening tool to detect the root causes for the development of chronic conditions and can be used to implement more targeted treatment. 
      6. Nutrigenomics and nutrigenetics are based on personalized nutrition and lifestyle advice, which leads to a better chance of improving health rather than following general dietary advice. 
   2. We recommend that you understand the implications of getting your genetic results. 
      1. Knowing your genetic results is irreversible and therefore is a decision that should be taken seriously. 
      2. The information you receive may be disturbing or negative and may impact on your psyche, your family, as well as your social, economic, legal and financial surroundings. 
      3. It is recommended that you speak to a healthcare practitioner, trained in genetics, before embarking on a journey to discover your genetic results. 
      4. If you experience any anxiety, it is recommended that you seek advice from your physician before getting your genetic results.
   3. We recommend that you understand the implications of sharing your genetic results. 
      1. We recommend that you discuss with a lawyer before sharing your genetic results, for example sharing them with an insurance company or employer. Federal laws, in particular the Genetic Information Nondiscrimination Act, provide you with protection from discrimination by health insurance companies, group health plans, and most employers based on your genetic information.
      2. It is possible that if you share your genetic information with a physician or healthcare provider, it may form part of your medical record which could be accessed in the future by, for example, physicians, healthcare providers, or insurance companies. 
      3. It is possible that any genetic information you choose to share, for example with family, friends or employers, may be used against you. 
      4. It is important to consider that the relevance or interpretation of your genetic information is subject to change. 
   4. We recommend that you understand what your genetic information means and does not mean for you. 
      1. Your genes only form a part of what makes you who you are. 
      2. If your genetic results show that you do not have a genetic predisposition for a certain disease or condition, that does not necessarily mean that you will not develop that disease or condition. 
      3. If your genetic results show that you have a genetic predisposition for a certain disease or condition, that does not mean that you will develop that disease or condition. 
   5. 3X4 is not a healthcare provider. 
      1. We provide you with 3X4 Services that are for information, research or educational purposes only. 
      2. We urge you to talk with your healthcare practitioner about how the 3X4 Test is right for you. 3X4 staff can speak to the contents of the report and process of using our test kit but cannot answer questions about why the test is right for you specifically. 
      3. We urge you to discuss your 3X4 Blueprint results with a physician or healthcare provider before taking any action based on the information provided in your 3X4 Blueprint. 
      4. We urge you to consult with your physician or healthcare provider before embarking on any weight-loss program, fitness program, physical activities, beauty regime, or any other action mentioned or alluded to in the 3X4 Services. 
      5. We urge you to consult with your physician if you are currently taking medication and/or undergoing treatment or program for any condition or disease before using any 3X4 Service. 
      6. We urge you to consult with your physician for any information on diagnosis, treatments, disease prevention, cures, medication, or anything else related to your health. 
      7. You acknowledge and agree that any information that you get from your 3X4 Genetic Test and 3X4 Blueprint, including the 3X4 Feedback Session that you have with a 3X4 Certified Practitioner, should not be considered medical advice or medical services. 
         1. Any information provided by us should not form a substitute for a consultation or treatment by a physician. 
         2. Any information provided by us should not be used for diagnostic or treatment purposes for any medical condition. 
         3. Any information provided by us should not be used to make any medical decisions. 
         4. The relationship between you and 3X4 is not a Doctor-Patient relationship 
         5. You should not change your health behavior only using the information 3X4 provides. 
         6. If you rely on the information provided by 3X4, our employees or another member of the public, you do so solely at your own risk. 
   6. Research into genetics is continually evolving. 
      1. With future advances in genetic research, any current state will only reflect a portion of the implications of genetics. 
      2. With future advances in genetic research, the interpretation of your genetic results is likely to change. 
      3. Any interpretations of your Genetic Information done in the past would need to be revised in accordance with any future advances in genetic research, at your own expense. 
   7. There may be limitations in the laboratory’s tests and the genes tested. 
      1. The genes tested in the 3X4 Test only constitute a small percentage of your genes. 
      2. Other genes that are not tested in the 3X4 Test may have more impact on your health. 
      3. Factors in your environment may have more impact on your health. 
      4. On occasion, certain DNA cannot be processed at the laboratory because the results do not meet the criteria to be considered an accurate result.
      5. On occasion, data provided by the laboratory may not be able to be interpreted or may be incorrect. In this case, you will not be refunded. 
      6. 3X4 Genetics is not a laboratory nor does it perform laboratory testing services. All laboratory services are conducted by a Third-Party Supplier laboratory. 
   8. You agree that you are not taking a 3X4 Test or engaging in any of our 3X4 Services to pursue medical advice or treatment. 
5. Agreement of Sale & Conditions of Sale 
   1. An Agreement of Sale comes into effect when 3X4 receives a successful payment through authorized 3X4 payment channels (refer to Section 6 of these Terms of Service) from you or from your healthcare practitioner. 
   2. Cancellation of Sale, Returns and Refunds 
      1. Refer to our Cancellation Policy for information on how you can cancel your order. 
      2. 3X4 may cancel your order for a 3X4 Test, at our discretion, at any stage, for any reason, which we do not have to disclose, after which will refund you in full, as soon as possible but no later than 30 days after such cancellation. 
      3. If we are unable to generate a successful, accurate result of your DNA sample processing after two attempts, you will be refunded the paid price in full, and you agree that you will not be able to try to submit another sample, whether by purchasing another test or via another method, with 3X4 at any time in the future. If it is found that you do not honor these Terms of Service and submit another DNA sample, we will not re-process your DNA sample or refund you. 
      4. Your DNA sample cannot be returned to you. 
      5. Other than specified in these terms, no refunds will be processed for 3X4 Services rendered. 
   3. To complete your order, 3X4 will:
      1. Except if your 3X4 Certified Practitioner has supplied you with a 3X4 DNA Sample Kit, ensure you receive a 3X4 DNA Sample Kit through courier delivery, within 1-5 days of receiving your payment for a 3X4 Test, provided the collection address is within the United States of America  
      2. Send your DNA sample to a Third-Party Supplier laboratory for processing 
      3. Provide your practitioner with an electronic version of your 3X4 Blueprint report 
   4. Additional Services & Exceptions; Revocation 
      1. If you need an additional 3X4 Kit to be delivered to you because (whether on purpose or accidentally) you lost, destroyed or contaminated your 3X4 Kit, or you mislabeled your 3X4 Kit, or registered your 3X4 Kit incorrectly, 3X4 can deliver a replacement 3X4 Kit to you, for a nominal handling fee plus shipping. Please contact us at info@3×4.io to arrange this. 
      2. If we need an additional Completed DNA Sample from you, because the laboratory was not able to successfully process your sample, 3X4 will deliver a replacement 3X4 Kit to you at no charge, on one occasion only.
      3. Placing a 3X4 Test in your cart does not qualify as an order. 3X4 cannot guarantee that the price of the 3X4 Test will be the same when you return at a later time. 
      4. You may revoke the consent you provided in Section 3q of these Terms of Service by sending an email to info@3×4.io to such effect. Within 45 days of receipt of such email, 3X4 shall honor such revocation and destroy your Genetic Samples.
6. Payments & Fees 
   1. Payment security is extremely important to 3X4 and so we will only use Third Party Supplier payment gateways that ensure all transactions are secure and are utilizing applicable encryption technology. 
   2. You are solely responsible for repaying back to 3X4 any reversed or charged-back credit card payments, within 30 days of being contacted by 3X4. 
   3. 3X4 will not be liable for any damages incurred of any Third-Party Supplier, including but not limited to any act, failure, omission or oversight when supporting 3X4 Services. 
7. Coupons 
   1. If you have a 3X4 coupon, you will be able to enter the coupon number before continuing to payment and only the remaining balance will be payable. 
   2. Virtual and physical coupons generated by 3X4 are redeemable only before the expiry date specified on the coupon. 
   3. Coupons generated by 3X4 are created at 3X4’s sole discretion and can be cancelled, amended or refused. 
   4. Terms and conditions apply to each coupon generated. 
   5. Only one coupon can be used per order. 
   6. A coupon can only be used by you once. 
   7. A coupon cannot be applied retrospectively to a previous order for which payment has already been received.
8. Deliveries 
   1. You must provide a physical delivery address for your 3X4 Kit delivery. 3X4 does not deliver to PO Boxes. 
   2. 3X4 cannot accept responsibility for any loss incurred if your 3X4 Kit was delivered correctly to the address you confirmed. 
   3. Proof of delivery is available upon request. 
   4. We recommend you are home for the time of delivery to reduce risk of loss or theft. 
9. Legal Particulars, Governing Law and Jurisdiction 
   1. 3X4’s information is as follows and should be considered in tandem with our Terms of Service: 
      1. Full names, details and legal status: 
      2. CIPHER GENETICS, INC., a private company registered in Delaware, Employer Identification Number 84-3194869. 
      3. Physical address: 3120 139th Avenue Southeast, Suite 500, Bellevue, WA 98005
      4. Telephone number: +1 (425) 818-5333 
      5. Website address: https://3x4genetics.com
      6. Email address: info@3x4.io
   2. All formal notices and legal processes referring to these Terms of Service are to be serviced at address 3120 139th Avenue Southeast, Suite 500, Bellevue, WA 98005. This address may be updated by 3X4 by being updated in these Terms of Service. 
   3. The governing law of these Terms of Service is the law of the State of Washington in the United States of America.
   4. Any formal notices must be in English, and delivered by hand, or by email. Notices sent by hand will be considered as received on the date of delivery. Notices sent by email must include a “read receipt” function as emails will be considered as received on the date indicated on a “read receipt”.