Terms of use

1. Application of the Terms of Use

The GeneAccount Service (hereinafter the “Service”) is provided by Abomics Oy (hereinafter the “Service Provider”). Use of the Service requires that the customer who has purchased the Service (hereinafter the “Customer”) accepts and undertakes to comply with these terms and conditions (hereinafter the “Terms of Use”). The Customer must read and accept the Terms of Use before using the Service. The Terms of Use apply to all Services. They also apply to the GeneAccount cloud service (hereinafter the “Cloud Service”) produced by the Service Provider and offered to the Customer as part of the Service.

2. Acceptance of the Terms of Use

The Customer accepts these Terms of Use when ordering and/or registering for the Service. Acceptance is confirmed each time a new order or registration is made by a separate acceptance procedure. Any person using the Service on behalf of the Customer as defined in Sections 4 and/or 5 undertakes to comply with these Terms of Use and is responsible for using the Service in accordance with them. The Customer must immediately notify the Service Provider if they suspect any misuse of the Service in breach of these Terms of Use.

3. Contents of the Service

• Laboratory services for DNA isolation, as defined by the Service Provider and performed by a laboratory partner (hereinafter the “Partner”).
• Interpretation of laboratory results.
• Free storage and updating of the Customer’s results in the Cloud Service for three (3) years.
• Two medically approved buccal‐cell collection devices, instructions for sample collection, and postage materials for sending the sample to the laboratory.
• Transportation of the sample, at rates specified in the Service Provider’s price list.

4. Purpose, Acquisition and Use of the Service

The Service is intended to determine the Customer’s pharmacogenetic profile, update pharmacogenetic information, and allow review of test results. Any competent adult may acquire the Service, either directly from the Service Provider or through an authorized reseller (hereinafter the “Reseller”). Use of the Service by minors or persons under legal guardianship is governed by Section 5. The Service is strictly personal, except that persons authorized under Sections 4 and 5 may access the Customer’s data.

Only the Customer may use their account, except where a legal guardian or other authorized person uses the account on behalf of a minor or legally incapacitated Customer (see Section 5), or where the Customer has given written authorization to another competent adult. The Customer may revoke such authorization at any time and for any reason. These Terms of Use also apply to any authorized person acting on the Customer’s behalf. The Service is not a substitute for medical advice from healthcare professionals. It produces information that may be used to guide treatment, but the Service Provider accepts no responsibility for treatment decisions or medical care beyond the reports provided.

Registration is completed by the Customer or their authorized representative following the Service Provider’s instructions and using materials provided for that purpose. Required instructions and materials are available online. The Customer or their representative is responsible for the accuracy of all personal data submitted. Processing of personal data is governed by Section 7.

Sample collection and shipment must follow the supplied instructions. The Service Provider does not guarantee valid results if instructions are not followed. If a laboratory test fails, the Service Provider will contact the Customer and may offer a repeat sampling. The sample and registration details must correspond to the same individual.
Once the cellular sample is received by the Service Provider or the Partner, they will generate and deliver a pharmacogenetic report to the Customer’s secure account in the Cloud Service.

5. Minors and Use on Behalf of a Minor

Acquisition of the Service and registration on behalf of a minor requires the consent of the minor’s legal guardian or other lawful representative. The guardian or lawful representative may register the minor by completing the applicable procedures; the Terms of Use apply as appropriate.

Any guardian or lawful representative using the Service on behalf of a minor is responsible for ensuring compliance with these Terms of Use and for granting access rights consistent with both parents’ legal information rights.

When a minor reaches legal capacity by age, they will be notified of their right to revoke access previously granted to others. If legal capacity is attained for reasons other than age, the individual may terminate others’ access by providing proof of capacity to the Service Provider.

6. Fees and Other Charges

 The Customer is fully liable for all costs arising from their use of the Service. Prices are determined by the Service Provider or the Reseller and may be changed temporarily or permanently by the Service Provider. Continuation of the Cloud Service beyond the initial three‐year period requires payment of an annual maintenance fee. Accepted payment methods are those specified by the Service Provider or Resellers. Maintenance fees after three years are set in the Service Provider’s price list. The Customer will be notified before expiry of maintenance or Cloud Service access and may terminate the agreement if desired. Unless terminated, maintenance and Cloud Service subscriptions renew automatically.

7. Use of Personal Data, Genetic Data and Other Information

• Collection and Creation of Data: The Customer is responsible for the accuracy of data they submit. Errors must be reported or corrected. To provide the Service, the Customer’s name, phone number, address, email, sample ID, and sample date are collected. The Service also generates new genetic data, treated as personal data under enhanced protection measures. Data transfers and storage use secured connections and servers.
• Storage: The genetic archive (Geenitaltio) is the Service Provider’s customer registry. Data are processed under the Finnish Personal Data Act (523/1999), the Patient Act, and other applicable laws. All data are stored on secured EU‐based servers and are not transferred outside the EU. Data are not shared without the Customer’s consent.
• Use: Personal data are used solely for delivering the Service and are processed in compliance with mandatory law.
• Sharing: Genetic data transfers use secured connections. Data are not disclosed to third parties unless necessary for providing the Service. For minors, parents with legal or court‐granted rights may access health data in the Service.
• Customer Rights: The Customer may view, request export of, or transfer their data to third parties. They may correct their data, except genetic research results without medical justification. Withdrawal of consent halts Service use and terminates the customer relationship. The Customer will be informed of any data breaches within 72 hours.
• Deletion: The Customer may delete their data via the Cloud Service or request full deletion from the Service Provider, who will comply within a reasonable timeframe. The Service Provider may destroy unneeded data without notice. The Service Provider may also delete data if the Customer breaches these Terms, after notice and a reasonable backup period.

8. Intellectual Property Rights

All materials in the Service, excluding the Customer’s personal data, are owned by the Service Provider or the Partner. The Service Provider retains rights to the Service’s design and content. Copying or commercial use without permission is prohibited; private saving and printing are permitted. Any lawful quotation under the Copyright Act (404/1961) must cite the source.

9. Limitation of Liability and Force Majeure

The Customer must have all necessary hardware and software; the Service Provider is not liable for issues with the Customer’s equipment. The Service Provider ensures reasonable availability of the Cloud Service but does not guarantee uninterrupted access; maintenance and updates will be announced separately.

Partners and Resellers are deemed reliable but the Service Provider is not liable for their errors or resulting damages. The Customer is responsible for the accuracy of data they supply; the Service Provider is not liable for incorrect data or consequent harms.

Information produced by the Service may guide healthcare decisions but does not replace professional medical services. The Service Provider disclaims liability for treatment decisions based on Service information.

The Service Provider is not liable for data loss due to service interruption or costs to reacquire data. Nor is it liable for damages arising from a party’s failure to perform lawful obligations per these Terms.

Neither party is liable for damages caused by events beyond their control (force majeure). The claiming party must prove the existence of such an event and notify the other promptly. The Service Provider may use online notices and direct contact to communicate force‐majeure events.

10. Cancellation and Termination

 The Customer may cancel the Service before activation or within 14 days of the agreement date by notifying the Service Provider. Cancellation rights lapse if the seal on one or both collection devices is broken, if the Service is substantially performed, or if results have been delivered. Partial performance costs may be charged.

The Customer may terminate the Service at any time and close their Cloud Service account. To have all data destroyed at termination, the Customer must notify the Service Provider in writing. Upon such notice, the Service Provider will delete the account and all personal data.

The Service Provider may suspend the Service for justified reasons, such as harm to the Customer, Service Provider, or Partner, or for non‐payment. Upon termination, all fees become due and non‐refundable.

At the end of the relationship, the Customer may back up their data; the Service Provider is not liable for loss of unbacked‐up data.

11. Modification of the Terms of Use

 The Service Provider may unilaterally amend these Terms of Use. Notice will specify the effective date of changes. If the Customer does not accept the amendments, they may terminate the Service by closing their account, following the termination procedure herein.

12. Governing Law and Venue

These Terms of Use are governed by Finnish law. Disputes shall first be attempted to be resolved by negotiation. Failing settlement, disputes will be heard in the District Court of Southwest Finland or, by separate agreement, another district court in Finland.