This web page contains the Service Agreement between you – the holder of the MyRisq.com ("DiaGenomi") account – and DiaGenomi, a Slovenian private limited company which is the provider of the MyRisq service.
Accepting the "I have read and agree to the service agreement above" means that you agree to the terms in this Service Agreement, Legal Note and Pricacy Statement of the DiaGenomi and myrisq.com website. It also means that you have read and understand the disclosures in this Service Agreement and in the myrisq.com website, and decided to use the DiaGenomi service.
- The MyRisq.com and DiaGenomi service provides an analysis of genetic data integrated with life style, health and environmental factors in what we refer to as a Genetic Scan. The amount and type of data needed for the generation of MyRISQ report will depend on the type of product that your order. Some of the Genetic Scans offered by DiaGenomi only need saliva samples while others include a detailed questionnaire that needs to be uploaded to your account in order to generate the MyRisq report.
- The MyRisq report will be issued in two separate files: Medical report and Patient report. The Patient report is intended for general public while the Medical report is intended for your health care practitioner (physician, cardiologist, etc.)
Lawful use of the DiaGenomi service
By creating an account, you warrant and confirm the following:
- you have all necessary legal capacity under the laws of the state of your residence to enter this Service Agreement;
- the information generated from the Genetic Scan will be used for lawful purposes only and will not be used for any business or commercial enterprise or in connection with legal disputes or to discriminate against, harm, harass, cause emotional distress to or abuse other people.
- DiaGenomi will not be responsible for any use or misuse of information generated from the Genetic Scan or any other information provided by DiaGenomi to you or any information you provide to DiaGenomi. This includes misuse by you or anyone else other than DiaGenomi.
By submitting a sample for Genetic Scanning, you confirm and warrant that:
- you have the right to take and submit such sample to DiaGenomi, and you do so freely and of your own will,
- you authorize DiaGenomi to process the sample,
- either you are the owner of the sample or have full authority of the owner or subject of the sample to submit the sample for processing,
- you have complied with DiaGenomi sample collection instructions.
Providing the Sample and Handling
- To use DiaGenomi personalized genomic analysis services, you must submit a saliva sample to DiaGenomi in order for DiaGenomi to perform a genetic analysis on DNA purified from your sample. In addition to the saliva sample, you will also need to provide us with answers to a questionnaire supplied by DiaGenomi in the sampling kit. The answers to the questionnaire need to be uploaded to our online form after you activate a kit.
- DiaGenomi is not responsible for the authenticity of the samples provided for the DiaGenomi services and is not responsible for lost, misdirected, or damaged mail containing samples.
- DiaGenomi is also not responsible for the accuracy of data provided from you in the Questionnaire. In order for these data to be as accurate as possible we advise you to fill them out together with your physician.
- DiaGenomi will notify you through email once the sample is received and when the laboratory processing on your sample is finished.
- Processing of the samples typically takes 4 weeks after their arrival at DiaGenomi. DiaGenomi will make all reasonable efforts to process the samples within this time frame, but does not guarantee a specific turnaround time. The 4 week time frame can be extended in the case of Force Majeure.
- You will get a notification email when the sample will arrive to our facility. If this notification is not received after 5 days when sending with DHL carrier or after 14 days when sending with ordinary postal service, you should email us to confirm if the kit was activated or whether the sample was lost.
- The sample and the DNA extracted from the sample will be stored by DiaGenomi only for the time necessary to perform the genetic analysis and discarded upon successful measurements.
- If the genetic analysis is unsuccessful because of DiaGenomi error, DiaGenomi will notify you and allow you to reorder the test, with a new saliva kit, at no additional cost.
- Sometimes the genetic analysis is unsuccessful even though you and DiaGenomi did everything correctly. When this happens it is usually because the sample did not yield enough DNA or the DNA that it yielded was not pure enough. In these cases DiaGenomi will provide you with one additional sample collection kit, at no additional cost. Subsequent reorders will only be accepted on a case-by-case basis at DiaGenomi's discretion.
- If you do not comply with the sample collection instructions and reprocessing is required, you are required to pay an additional fee if DiaGenomi requires more samples for the reprocessing.
- DiaGenomi may refuse to begin or complete a genetic test for any person for any reason or no reason, and in such cases will refund all amounts paid, excluding processing fee (shipping charges, kit price) unless the reason for DiaGenomi's refusal was your failure to follow DiaGenomi's instructions, your breach of this Service Agreement, or any other act or omission by you.
- You will not be entitled to any refund unless the test is unsuccessful because of an error or mistake of DiaGenomi or a laboratory processing error.
- Each user account must be designated by a unique username and password. You may select any username and password at will, but DiaGenomi reserves the right to reject a particular proposed username and/or password for any reason, including conflict with a prior user. To access any user account, the password specified by the corresponding account owner must be provided.
- Your user account will include your username, password and other information provided by you.
- DiaGenomi may modify specifications for passwords from time to time, in which case you will be notified if you need to change to a new password. We will also urge you to change your password every 6 months in order to ensure privacy of your data.
- It is your sole responsibility to assure the privacy and security of your email account and access point.
- The safety and secrecy of your password, and thereby your ability to access your account, is your own responsibility. Steps you should take include (i) monitoring and controlling access to and use of your account and password so that no unauthorized person has access to your username, password or accounts; (ii) logging out from your account at the end of each session, and (iii) promptly informing DiaGenomi of any need to change or deactivate a password.
- When your Genetic report results are ready, DiaGenomi will send you an email or change the status of your order in your account. There you may view or download and save your results as often as you wish while they are stored by DiaGenomi.
- You are responsible for access control, storage and security of all data provided by DiaGenomi, including genotypes and analysis results of the mutation analysis. When you receive this data in electronic form, for instance, the browser, browser settings and other settings of your computer may affect your ability to receive data from DiaGenomi, the security of that data, and the amount of data stored on your computer. Therefore, it is your responsibility to see that your computer is adequate for this use.
Use of your data and your samples:
- If you disclose the results of the Genetic Scan or other personal information to others, or authorize DiaGenomi to disclose it, it is not DiaGenomi's responsibility to see that these other users of your Genetic Scan or other information afford you appropriate privacy.
- DiaGenomi will treat the data created in your Genetic Scan as confidential and will only make it accessible to the user account through which the Genetic Scan and the Saliva kit were ordered. DiaGenomi will be entitled to assume that any person logging in through use of your user name and password is you or somebody you have authorized.
- Payments are made through our secure payment services. Only partial credit card information will be stored in DiaGenomi computer systems for authorization only.
- DiaGenomi may contact you through your user account and invite you to participate in research studies.
Interpretation of genetic analysis results:
- Genetic Scan measurement is complex; utilizes specialized materials and gathers a very large amount of data. Although DiaGenomi uses state of the art genotyping technology and high quality standards, DiaGenomi is providing no guarantee that the Genetic Scan measurements will be successful or provide accurate results.
- Some of the DiaGenomi services provide you with information on genetic risk that is calculated by relating your Genetic Scan measurements to relevant scientific literature regarding genetic risks. Risk estimates are only as accurate as the data used in the risk model. You acknowledge your understanding of genetic risk as a statistical measure that has implications derived from a large group of people with characteristics equivalent to yours but does not determine your chances for getting the corresponding disease, the disease severity, or the disease outcome.
- DiaGenomi has made a careful selection of the scientific findings it uses in it's service. However, such scientific findings may not be subject to approval by regulatory bodies in any country, such as the United States Food and Drug Administration or the European Medicines Agency.
- The Myrisq.com website contains additional information about analysis and interpretation of genetic results. You acknowledge and confirm that you will read all of this information; you understand that the data you receive in your Genetic Scan cannot be properly understood without this information.
Warranty and further disclaimers
- Genetic tests cannot be 100% accurate, and are therefore provided "as is" without warranties of any kind, either express or implied, as to accuracy, completeness, currency or any other matter, including without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement of proprietary rights.
- DiaGenomi will not be responsible for lack of results, or errors or misleading results caused by your failure to perform the saliva sample collection according to the protocol included in the kit and shown on the myrisq.com web site.
- You must seek the advice of your physician or other qualified health provider with any questions you may have regarding the genetic aspects of a medical matter and you must not disregard professional medical advice or delay in seeking it because of the results of your Genetic Scan or anything you have read on the myrisq.com or DiaGenomi site
- Reliance on the Genetic Scan or any other information provided by DiaGenomi, DiaGenomi employees, or other content appearing on the Myrisq site is solely at your own risk.
- When using the Myrisq site and sending you data and receiving medical and patient reports and other data, information will be transmitted over a medium that may be beyond the control and jurisdiction of DiaGenomi. Accordingly, DiaGenomi assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of any DiaGenomi site.
- Neither DiaGenomi, or its divisions, subsidiaries, successors, parent companies, affiliates or their employees, partners, principals, agents and representatives, nor any other party involved in creating, producing or delivering genetic scans is liable for any direct, incidental, consequential, indirect, punitive or any other damages arising out of such genetic scans or your use of the genetic scans. This includes liability for personal injury or death.
- In no case shall the liability of DiaGenomi, or its divisions, subsidiaries, successors, parent companies, affiliates or their employees, partners, principals, agents and representatives, nor any other party involved in creating, producing or delivering genetic scans in connection with the use of this site, or any genetic scan or other information exceed the amount you paid for the genetic scan.
Remedies; Applicable Law, etc.
- This Service Agreement shall be governed by and construed in accordance with the domestic internal laws of Slovenia (without regard to conflict of laws principles). Any action you may bring in connection with this Service Agreement shall be brought solely in the Ljubljana District Court of the Republic of Slovenia, EU.
- You agree to defend, indemnify, and hold DiaGenomi, its officers, directors, employees, and agents harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Service Agreement or your use of our products.
- Any claim arising in connection with your use of myrisq.com Web Site, or the products offered must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under this Service Agreement are exclusive and are limited to those expressly provided for herein.
- If any provision of this Service Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any of these terms and conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- The provisions of this Agreement regarding Warranty and Disclaimers, Remedies, and Use of Your Data and Samples shall survive the expiration or termination of this Agreement for any reason whatsoever.