Terms of Use

Scope

By using this Service you accept the following Terms and Conditions. Please read them carefully. This Service enables user access to personal genetic data through a simple interface and straightforward textual presentation of data. MyGenePortal.com is the user-facing platform operated by MoodNote LLC. All interpretation services are performed by MoodNote LLC. MoodNote uses proprietary algorithms to stratify and annotate your genomic data by incorporating health and genomic information available from publicly accessible databases..

Data Interpretation Services Agreement

This Genomic Data Interpretation Services Agreement (the “Agreement”) is entered into by You (“You”) and MoodNote LLC, (“MoodNote”) a Nevada corporation. MoodNote and You may each be referred to individually as a “Party” and collectively as the “Parties.”

Background

MoodNote is a data analysis, interpretation and education company dedicated to improving healthcare by making its proprietary genomic data interpretation tools, analytics and clinical decision support technology available to individual consumers, physicians, researchers and others.

You are an individual interested in submitting your genomic data for genomic analysis, bioinformatics analysis and interpretation.

Agreement

In consideration of the mutual promises described below, the Parties agree as follows:

Services

Upon request and during the Term of this Agreement, MoodNote will provide You with certain genomic data interpretation services (“Services”, “The Service”) in accordance with the terms of this Agreement. You may request Services by providing MoodNote with a signed consent form and genomic data in a fastq, bam, vcf or other file format that meets MoodNote’s current data processing guidelines. MoodNote will perform your submitted data interpretation using established procedures and protocols for such analyses and use of certain proprietary algorithms. Data interpretation results will be made available to you through a downloadable report.

Fees and Invoices

MoodNote will bill you for Services provided to you. You agree to pay MoodNote a set fee for each DNA dataset interpretation ordered under this Agreement. This fee does not include any applicable State or Federal taxes, which are Your responsibility. Pricing of repeated interpretations must be mutually agreed upon in writing between the Parties. Invoices under this Agreement are due and payable prior to the release of the report by MoodNote. The fee does not include any applicable server fees, internet fees, sample mailing fees or any other software or hardware (e.g. a computer or an iPad, etc.) costs that may be required for the report to be accessible and downloadable. All fees are non-refundable once interpretation services have commenced, unless otherwise specified in writing. MoodNote is not responsible for data incompatibility due to file format errors or corrupted files.

Health Care Responsibility

MoodNote is not a health care company and does not provide any medical or other health care services. Our genomic data interpretation process is primarily automated with limited human involvement for report formatting only. Any decisions related to healthcare and treatment choices should be based on the independent judgment of the treating health care provider and should consider all information related to the patient, including without limitation, the patient and family history, direct physical examination and pertinent laboratory, psychological and other tests. Your health care provider is solely responsible for health care that may be provided or not provided to you.

User Responsibilities

By using the Services, you agree that:

– MoodNote does not recommend, endorse, or make any representations about the efficacy or appropriateness of any therapy, tests, procedures, or treatments described in any report or information made available to you.

– Reports and information provided by MoodNote should be reviewed by a treating health care provider who is responsible for decisions regarding your care.

– You are solely responsible for your use of reports and information made available to you by MoodNote. Interpretations provided by MoodNote are also subject to any notes, explanations, limitations, and disclaimers included in the reports.

– You agree not to impersonate any person or entity, misrepresent your affiliation with any other person or entity, or exploit or otherwise use any information or material obtained through MoodNote for commercial purposes, unless otherwise agreed in writing.

– You further agree not to circumvent, reverse engineer, decrypt, or alter MoodNote’s reports, interfere with the services, or make unauthorized use of MoodNote’s proprietary technology, algorithms, data, or systems.

Risks

You acknowledge and accept the following risks when using the Service:

– You may learn information about yourself that is unexpected or distressing.

– Interpretation of DNA variants may be ambiguous, incorrect, or based on incomplete scientific knowledge.

– There is a small risk of data loss or corruption during electronic transmission.

– You should not alter your health behaviors solely based on MoodNote’s reports without consulting a qualified health care provider.

– MoodNote’s interpretations rely on published studies that may be incomplete or later refuted by future research.

– If you share your DNA data, those data may be used or disclosed beyond your control, including becoming part of your medical record.

No Warranty

MoodNote LLC provides the Service on an “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” basis.

– MoodNote disclaims all express and implied warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

– MoodNote makes no warranty as to the accuracy, completeness, reliability, or timeliness of interpretations provided.

– You assume full responsibility for evaluating the information and its applicability to your health care decisions.

– Any reliance on the interpretations provided is at your own risk.

– Your rights may vary depending on jurisdiction, and some limitations in this section may not apply to you.

Reference to Privacy Policy

For details about how your data is collected, stored, and used, please refer to the MoodNote Privacy Policy page available on our website.