The following Terms and Conditions apply to testing services provided by DNA Instinct LLC. See also Site Usage Policies below.
1. Definitions
1.1 “DIL” means “DNA Instinct, LLC.”
1.2 “Client” means the person(s) or legal entity that purchases Services from DIL, any test participant who submits biological samples to DIL for Services, and/or the legal guardian of a test participant who may be a minor or a legally incompetent adult.
1.3 “Services” means DNA Testing Services provided by DIL. “Services” does not include provision of any health or wellness or medical analysis or advice. DIL does not provide testing for health or disease-related purposes.
1.4 “DNA Testing Services” means the provision of laboratory analysis of biological samples to determine genetic commonality between or among the sources of the biological samples.
2. Services
2.1 The Client agrees to the Terms and Conditions by: (1) using Services, (2) clicking to accept or agree to the Terms and Conditions, or (3) submitting biological samples or photographs to DIL. The Client may not use any Services if the Client does not agree to and accept the Terms and Conditions.
2.2 The Services provided by DIL are solely for the use of the Client. DIL makes no representation, expressed or implied that the result of the Services is useful for any purpose other than the Service purchased by the Client.
2.3 DIL does not guarantee that the biological samples or photographs provided by the participant shall be suitable for Services, or that Services shall provide a conclusive result. Biological samples or photographs submitted to DIL will not be returned.
2.4 DIL may use any third party of its choice to perform any portion of the Services.
2.5 DIL reserves the right to perform Services using methods and processes that DIL deems appropriate.
2.6 For biological samples collected in New York State for DNA Testing Services, an Authorizing Agent (i.e., a doctor or lawyer licensed in New York State) must authorize the DNA Testing Services. The Authorizing Agent will also receive test results.
2.7 For biological samples collected via Chain-of-Custody (including New York State), DIL rigorously follows nationally and internationally recognized standards for court-admissible test results. While DIL test results are routinely accepted by courts worldwide, each court (or judge) ultimately determines admissibility. DIL does not guarantee that the results of the Services will be admissible in a court.
2.8 Guidance for interpreting the results can be obtained by contacting DIL.
2.9 DIL reserves the right to refuse service, including to refuse to test any biological samples or photographs received.
3. Payment
3.1 Payment in full or an agreed upon deposit is required before Services can begin. Payments can be made with a valid credit/debit card or prepaid card. Personal checks are not accepted. Personal checks received by DIL will be immediately destroyed and Services will be on hold until payment in full has been made.
4. Privacy Policy
4.1 Copies of results of Services are sent to the Client via email and U.S. mail upon request. The Client agrees that DIL, its affiliates, its contractors, its distributors, and its suppliers are not responsible or liable for access to order information or results, or for any reaction a person may have upon receiving results.
4.2 Order information and results of Services are accessible by the Client. Order information and results of Services are also accessible by a test participant’s legal guardian when the participant is a minor or a legally incompetent adult, even if the legal guardian is not a participant in the test.
4.3 DIL may use email and/or text messaging to convey order status as requested. Standard email or text messaging may not be confidential, so DIL strives to use the minimum necessary amount of personal information when communicating via email/text message. The Client understands that email and/or text messaging pose risks to the confidentiality of the Client’s information. Nevertheless, the Client accepts this risk and agrees to communication by email and/or text messaging.
4.4 Notwithstanding anything in section 4, all data, forms, customer information, or other information submitted to DIL by the Client will be stored by DIL in hardcopy and/or electronic form, with case access provided to the Client, to DIL, and to government agencies as required by applicable laboratory accreditation guidelines, or as may be required by law. DIL may provide this information to contractors for the provision of Services.
4.5 The Client agrees to hold harmless DIL and its contractors, officers, agents, employees, representatives, vendors, affiliates, distributors, suppliers, and any person or entity for any injury related to Services, including any injury related to the Client’s provision of information through DIL’s website.
4.6 DIL and its contractors may use information or samples provided by the Client to improve or develop existing or new services or goods, including by using the information or samples for scientific research to improve or prove technology. For example, DIL and its contractors may use the Client’s information or samples in experiments designed to test, improve, or prove the efficacy of analysis of biological samples or photographs and may publish the results of such experiments and may incorporate the results of such experiments into existing or new technology. The Client understands that by providing information to DIL, the Client does not acquire any rights in any research or developments based in any way on the Client’s information. The Client is not entitled to any compensation for the Client’s information provided to DIL, regardless of whether DIL or its contractors use that information to improve, create, prove, or market any goods or services. To the extent that the Client may acquire any right or interest in any research or development through provision of information to DIL, the Client hereby assigns all such right or interest to DIL.
5. Warranties and Indemnity
5.1 The Client warrants that he/she is legally entitled to perform any particular act either directly or indirectly in order to obtain, possess, and provide the biological samples or photographs for DIL to perform the Services for the Client.
5.2 The Client agrees to indemnify DIL or its contractors, officers, agents, employees, representatives, vendors, affiliates, distributors, and suppliers against all costs, claims, demands, expenses and liabilities of any nature that may arise from Services provided to the Client.
5.1.1 Data Collection and Storage
5.1.2 While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include but is not limited to, your email address, your name, phone number, and postal address (“Personal Information”). The user authorizes DNA Instinct and its agents, to collect information uploaded to this website and our mobile app(s) including pictures, to perform testing or that of the minor or incapacitated individual(s) shown in the photos uploaded and submitted. We collect the user’s name, photos voluntarily submitted by the user, email, and phone number. It’s not mandatory to submit a phone number but it is wise to submit an email address to receive your results. We collect this data from the in-app or online form your use to submit your photos and contact information. The purpose for collecting this data is to complete the service you’re desiring us to fulfill and deliver your results via email.
5.1.3 We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf and to perform Service-related services. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. We confirm that any third party with whom we share user data (in compliance with required Data Collection Guidelines) — such as analytics tools, advertising networks, and third-party SDKs, as well as any parent, subsidiary, or other related entities that will have access to user data — will provide the same or equal protection of user data as stated in our privacy policy and required by Data Collection Guidelines. The information is stored in a password-protected web server and password-protected email storage.
5.1.4 Data collected is retained for a period of one year in case the user wants to access their report or loses access to the report we send via email. We will delete user information promptly upon user request. User should email seekinginfo@dnainstinct.com to request that their information is deleted.
6. Disclaimers and Liabilities.
DIL DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.1 DIL does NOT warrant to the Client: (a) that the Services provided to the Client shall meet the expectations of the Client; or (b) that Services shall be free from minor defects or errors (such as typos or printing errors) that do not materially affect the accuracy of the test results.
6.2 In no event shall DIL or its contractors, officers, agents, employees, representatives, vendors, affiliates, distributors, or suppliers be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever that may arise from Services provided to the Client.
6.3 The Client understands and agrees that any and all liability of DIL or its contractors, officers, agents, employees, representatives, vendors, affiliates, distributors, or suppliers shall be limited to either re-performing the Services at no cost to the Client, or refunding the amount received by DIL for such Services. In no event will DIL or its contractors, officers, agents, employees, representatives, vendors, affiliates, distributors, or suppliers, be liable to the Client, under any theory, in an amount that exceeds the Client’s payment for Services.
6.4 The Client understands that the results of Services may provide startling, disconcerting, or otherwise troubling information. This information may evoke strong emotions and has the potential to alter the Client’s life and worldview. For example, the Client may discover things outside of the Client’s control (e.g., surprising facts related to the Client’s paternity or relations). These outcomes could have social, legal, or economic implications. These implications are entirely the Client’s responsibility and are not in any way DIL’s responsibility.
7. Third Parties.
A person who is not the Client of DIL has no right to enforce any of these Terms and Conditions.
8. Governing Law and Choice of Forum.
The construction, validity, and performance of these Terms and Conditions, including interpretation or application of any relevant statute of limitations, shall be governed in all respects by the law of the State of New Jersey, USA without regard to any conflict of law rules. Any action concerning the construction, validity, or performance of these Terms and Conditions may be brought only in a court in the State of New Jersey, USA. The Client consents to personal jurisdiction and venue in any such courts and agree that venue is convenient in such courts.
9. Refund Policy.
NO Refunds may be considered! Partial payments and deposits are non-refundable. If a payment is made in full and then the appointment is later canceled it will be non-refundable. No refunds shall be issued if Services have been completed or if your DNA kit or supplies have been shipped. No refund shall be issued if cancellation of services is made more than 48 hours after payment. All DNA testing services have an estimated completion time listed online and can scientifically never be precise. Results are often finished earlier than expected but can exceed estimated expectations. Once testing is initiated, no refunds will be issued.
10. Guarantee of Accuracy.
10.1 For DNA Testing Services, DIL guarantees accuracy within standard scientific uncertainty when samples are properly collected and submitted to DIL for DNA Testing Services. To contest accuracy of the results of DNA Testing Services, the Client must provide a paternity test report from an AABB accredited laboratory supporting the claim within thirty (30) days from DIL’s provision of results to the Client. The sole remedy for inaccurate results is, at DIL’s discretion, either: (a) DIL’s reperformance of the DNA Testing Services at no cost to the Client to confirm results, or (b) a refund of the Client’s payment to DIL for the DNA Testing Services in question.
10.3 The Client must inform DIL if: (a) the possible fathers are related or (b) any participant has received a blood transfusion or an allogeneic hematopoietic stem cell (HSCT) transplant (such as a bone marrow transplant). DIL can only offer reliability if such conditions are brought to its attention prior to providing Services.
10.4 DIL is not responsible for improper or fraudulent submission of self-collected samples. Payments made in concert with efforts to defraud or trick the DNA services will not be refunded. Payments made in concert with efforts to defraud the mouth swab or home DNA testing system will not be refunded.
11. Customer Conduct – Unlawful and Prohibited Use
11.1 The Client agrees and covenants to use the Services only for lawful purposes. The Client will not use the Services for any purpose that is unlawful or that is prohibited by these Terms and Conditions.
11.2 The Client will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services.
11.3 The Client may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
11.4 The Client may not use the DNA Testing Services outside of the country to which the sample collection kit was shipped.
11.5 DIL has the right to suspend or terminate the Client’s account and to refuse continued or new Services to the Client for the Client’s breach of the Terms and Conditions.
If you have any questions about this Privacy Policy, please contact us by phone at 914-609-4940 or via email seekinginfo@dnainstinct.com Monday-Friday 9am-5pm EST.
Site Usage Policies
For DNAInstinct.com (and DIL Social Media Sites)
The following Site Usage Policies apply to DNAInstinct.com (and DIL Social Media Sites) regarding the collection, use and disclosure of Personal Information when you use our Site. See also Terms and Conditions for DNA Testing Services above. We will not use or share your information with anyone except as described in this Privacy Policy. We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, listed above.
1. Definitions
“DIL”, ( “us”, “we”, or “our”) operates the https://DNAInstinct.com website (the “Site”). “Client” means the person(s) or legal entity that purchases or uses Services from DIL and/or any test participant who submits biological samples, data or personal information to DIL or for Services or the legal guardian of a test participant who may be a minor or a legally incompetent adult.
2. Information Collection And Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include but is not limited to, your email address, your name, phone number, and postal address (“Personal Information”). The user authorizes DNA Instinct, or its agents, to collect information uploaded to this website, including pictures, to perform facial testing or that of the minor or incapacitated individual(s) shown in the photos uploaded and submitted.
3. Log Data
We collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
4. Service Providers
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf and to perform Service-related services. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
5. Security
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
6. Changes To This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
7. Contact Us
If you have any questions about this Privacy Policy, please contact us by email seekinginfo@dnainstinct.com Monday-Friday 9am-5pm EST.
