Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the Atlagene platform, including our website, mobile applications, Helix AI Assistant, and related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to all of these Terms, you must not access or use our Services. These Terms constitute a legally binding agreement between you ("you," "your," or "User") and Atlagene, Inc. ("Atlagene," "we," "us," or "our"), a Delaware corporation.

2. Service Description

Atlagene provides a genomic health analysis platform that processes your genetic data to deliver personalized health insights. Our Services include:

• Genomic Analysis — Analysis of your uploaded genetic data across 21 health categories: cardiovascular, oncology, pharmacogenomics, ancestry, nutrition, sleep, immunity, athletics, reproductive, neurological, metabolic, dermatology, vision/hearing, longevity, allergies, dental, rare disease, gastrointestinal, hormonal, and musculoskeletal.
• Helix AI Assistant — A conversational AI assistant (powered by Claude) that provides personalized explanations of your genetic findings, grounded in your genome data and blood test results.
• Blood Test Cross-Referencing — Upload your blood test results (via photo, PDF, or manual entry) for cross-referencing with your genetic profile to provide precision health insights.
• Supplement Recommendations — Personalized supplement recommendations with priority scoring (Essential, Recommended, Consider, Optional), dosage guidance, contraindication checks, and adjustments based on blood test feedback.
• Physician Review — Routing of clinically significant results to licensed physicians in our partner network for review before release to you.
• Health Notifications — Multichannel reminders and alerts via push notifications, SMS, email, and in-app messages for supplements, blood test retesting, checkups, and results availability.

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age.
• Be a current resident of the United States.
• Have the legal capacity to enter into a binding agreement.
• Upload only your own genetic data, or genetic data for which you have lawful authorization to submit (e.g., as a legal guardian of an adult with a disability who has provided consent). You may not upload genetic data belonging to another person without proper legal authority.

By using our Services, you represent and warrant that you meet all of the above eligibility requirements. If we learn that you do not meet these requirements, we may suspend or terminate your account immediately.

4. Not Medical Advice

5. Account Responsibilities

When you create an Atlagene account, you agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate.
• Maintain the confidentiality of your login credentials and not share your account with any other person.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately at security@atlagene.com if you suspect unauthorized access to your account.
• Not use the Services for any unlawful purpose or in violation of these Terms.
• Not attempt to gain unauthorized access to any part of the Services, other user accounts, or our systems.
• Not use automated tools (bots, scrapers, crawlers) to access the Services without our prior written consent.

We reserve the right to disable any account that we reasonably believe violates these Terms, with or without notice.

6. Genetic Data Submission

By uploading genetic data to our platform, you:

• Consent to Processing: You explicitly consent to our processing of your genetic data through our analysis pipeline, including variant calling, annotation, risk scoring, and AI-powered explanation generation. You understand that this processing is necessary to provide the Services.
• Represent Sample Ownership: You represent and warrant that the genetic data you upload is your own, or that you have lawful authorization from the data subject to upload it. Uploading another person's genetic data without authorization is a violation of these Terms and may violate state and federal law.
• Informed Consent: You acknowledge that you are voluntarily submitting your genetic data for analysis and that you have read and understood our Privacy Policy regarding how this data will be used, stored, and protected. You understand that genetic analysis may reveal unexpected information about your health, ancestry, and biological relationships.
• GINA Awareness: You acknowledge that you have been informed about the Genetic Information Nondiscrimination Act (GINA) and its protections, as well as its limitations (see our GINA Notice). You understand that while GINA protects against discrimination by health insurers and employers, it does not extend to life insurance, disability insurance, or long-term care insurance.

7. Physician Review Process

Certain genetic analysis results are classified as requiring physician review before they are released to you. Understanding this process is important:

7.1 Which Results Require Physician Review

Results are classified as physician-required at the individual variant level (not the category level) based on clinical significance. Categories that frequently contain physician-required results include:

• Oncology — Pathogenic variants associated with hereditary cancer syndromes
• Pharmacogenomics — Variants that significantly affect drug metabolism and may require medication adjustments
• Rare Disease — Pathogenic or likely pathogenic variants in known disease genes
• Other categories — Any individual variant classified as pathogenic or likely pathogenic with significant clinical implications, regardless of category

7.2 What Physician Review Means

Physician review means that a licensed, board-certified physician in our partner network reviews the flagged results for clinical accuracy and appropriateness before they are released to you. The reviewing physician may add clinical context, recommend follow-up testing, or suggest you consult with a specialist. Informational results (self-service tier) are released to you immediately without physician review.

7.3 What Physician Review Does Not Mean

7.4 Finding Your Own Physician

We strongly recommend that you share your Atlagene results with your primary care physician or a genetic counselor for comprehensive interpretation. If you need help finding a genetic counselor, visit the National Society of Genetic Counselors at findageneticcounselor.nsgc.org.

8. Intellectual Property

Your Data: You retain full ownership of your genetic data and any blood test data you upload. Your genetic data is your property, and we do not claim any ownership interest in it.

Our Platform: Atlagene retains all rights, title, and interest in and to the Services, including our analysis algorithms, risk scoring models, user interface designs, report templates, software code, trademarks, and all associated intellectual property. Nothing in these Terms grants you any right to use our trademarks, service marks, or logos.

Limited License: You grant Atlagene a limited, non-exclusive, revocable license to process your genetic data and health data solely for the purpose of providing the Services to you. This license terminates when you delete your account, subject to our data retention obligations described in our Privacy Policy.

Generated Reports: Analysis reports, risk assessments, and supplement recommendations generated by our platform are jointly owned — you own the underlying data, and we own the report format, methodology, and presentation. You may share your reports with healthcare providers, family members, or others at your discretion.

9. SMS and Communications (TCPA Disclosure)

By providing your phone number and opting into SMS notifications, you expressly consent to receive text messages from Atlagene at the phone number you provided. This consent is not a condition of purchasing any goods or services.

We maintain records of your SMS consent and opt-out preferences in compliance with the Telephone Consumer Protection Act (TCPA) and FCC regulations. SMS consent records are retained for 5 years; opt-out records are retained indefinitely to ensure we never message you after you opt out.

10. Helix AI Assistant Transparency

Helix, our AI assistant, is an important part of the Atlagene experience. We want you to understand how it works and its limitations:

• Technology: Helix is powered by Claude, an AI model developed by Anthropic. It generates responses by interpreting your genetic data and blood test results in the context of published scientific research.
• Not a Healthcare Provider: Helix is not a doctor, nurse, genetic counselor, or any other licensed healthcare professional. It cannot diagnose conditions, prescribe medications, or provide personalized medical advice.
• Limitations: AI-generated responses may contain inaccuracies, may not reflect the most current research, and may not account for your complete medical history or circumstances. The AI is designed to explain your genetic findings in accessible language, not to replace professional medical consultation.
• Safety Filters: Helix operates under multiple layers of safety filters that prevent it from making diagnoses, recommending specific treatments, prescribing medications, or providing advice that could be harmful. When a question falls outside its safe scope, it will direct you to consult a healthcare provider.
• Data Storage: Your Helix conversations are stored to provide continuity and improve the service. Conversations are associated with your account and are subject to the same security protections as your other data. They are deleted when you delete your account (subject to our retention schedule).
• No Third-Party Sharing: Your Helix conversations are not shared with third parties, except as necessary for the AI to generate responses (i.e., sending de-identified context to the AI model provider under a data processing agreement).

11. Supplement Recommendations

Our platform provides personalized supplement recommendations based on your genetic analysis and, optionally, your blood test results. Please understand the following:

• Supplement recommendations are generated by our algorithms based on your genetic variants and published nutritional genomics research. They have not been evaluated by the Food and Drug Administration (FDA).
• Supplements are not intended to diagnose, treat, cure, or prevent any disease.
• Always consult your physician or pharmacist before starting any new supplement regimen, especially if you are pregnant, nursing, taking prescription medications, or have any medical condition.
• Dosage recommendations are based on general nutritional guidelines adjusted for your genetic profile. Individual needs may vary. Your healthcare provider is best positioned to determine appropriate dosages for your specific situation.
• Priority levels (Essential, Recommended, Consider, Optional) reflect our algorithmic assessment of relevance to your genetic profile, not clinical urgency or medical necessity.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• AS-IS Disclaimer: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ATLAGENE EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT GENETIC ANALYSIS RESULTS WILL BE COMPLETE OR FULLY ACCURATE.
• Liability Cap: ATLAGENE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO ATLAGENE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
• Exclusion of Consequential Damages: IN NO EVENT SHALL ATLAGENE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ATLAGENE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• Carve-Outs: Nothing in this section limits or excludes Atlagene's liability for: (a) violations of HIPAA or the HITECH Act resulting in unauthorized disclosure of your Protected Health Information; (b) violations of the TCPA resulting in unauthorized text messages; (c) fraud or intentional misconduct; or (d) any other liability that cannot be limited or excluded under applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Atlagene, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your misuse of genetic analysis results, Helix responses, or supplement recommendations, including making health decisions without consulting a qualified healthcare provider.
• Your sharing of genetic results or reports with third parties in a manner that causes harm to any person.
• Your misrepresentation of genetic sample ownership or uploading another person's genetic data without proper authorization.
• Your violation of these Terms or any applicable law or regulation.
• Your infringement of any third party's rights.

We will provide you with prompt notice of any such claim and will cooperate with you in the defense. You may not settle any claim without our prior written consent.

14. Dispute Resolution

14.1 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration will be conducted by a single arbitrator, in the English language, and will take place in the county where you reside or, at your election, by videoconference.

14.2 Class Action Waiver

14.3 30-Day Opt-Out Period

You may opt out of this arbitration agreement by sending written notice to legal@atlagene.com within 30 days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. If you opt out, you and Atlagene agree to resolve Disputes exclusively in the courts described in the Governing Law section below.

14.4 Exceptions

The following are not subject to binding arbitration: (a) claims that qualify for small claims court in your county of residence; (b) requests for emergency injunctive relief to prevent imminent harm or protect intellectual property rights; and (c) claims related to HIPAA violations, which may be filed with the HHS Office for Civil Rights.

14.5 Fees

Atlagene will pay all arbitration fees and costs that exceed what you would have paid to file a claim in court. If the arbitrator finds your claim to be frivolous, you agree to reimburse Atlagene for fees paid on your behalf.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. To the extent that any Dispute is not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware.

Notwithstanding the foregoing, these Terms are subject to and shall be interpreted in compliance with all applicable federal and state health privacy laws, including but not limited to HIPAA, GINA, TCPA, CCPA/CPRA, and state genetic testing laws, to the extent they preempt state contract law.

16. Termination

16.1 By You

You may terminate your account at any time through your account settings or by emailing support@atlagene.com. Upon termination, your access to the Services will cease immediately.

16.2 By Atlagene

We may suspend or terminate your account immediately, with or without notice, if: (a) you violate these Terms; (b) we are required to do so by law; (c) we reasonably believe your account has been compromised; or (d) we discontinue the Services. Where possible, we will provide advance notice before termination.

16.3 Data Handling on Termination

Upon account termination, your data will be handled according to the retention schedule in our Privacy Policy. In summary: account data and Helix conversations are deleted within 30 days; raw genome files are retained for up to 10 years (clinical record standards); analysis results and physician notes are retained for 6-10 years (HIPAA/state requirements); SMS consent records are retained for 5 years (TCPA); and de-identified data is retained indefinitely. Data retained after account termination is stored with restricted access and used only for the legal/regulatory purpose requiring retention.

17. Modification of Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will provide at least 30 days' advance notice of material changes via email and a prominent notice on our website.
• Material changes affecting your rights regarding genetic data or health information will require your affirmative re-consent before taking effect.
• Non-material changes (e.g., clarifications, formatting) will take effect upon posting with an updated "Last Updated" date.
• Your continued use of the Services after the effective date of any changes constitutes acceptance of the revised Terms.
• If you do not agree to the revised Terms, you must stop using the Services and may terminate your account.

18. General Provisions

• Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
• Entire Agreement: These Terms, together with the Privacy Policy, HIPAA Notice, and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Atlagene regarding the Services.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms.
• Force Majeure: Atlagene shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, internet outages, or third-party service provider failures.
• No Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it at a later time.
• Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.

19. Contact

If you have any questions about these Terms, please contact us: