Terms of Service

    Version 1.2 | Last Updated: December 6, 2025

    1. Introduction and Acceptance of Terms

    1.1 Agreement

    These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Brain Genome ("Brain Genome," "Company," "we," "us," or "our"). By accessing or using Brain Genome's website, platform, services, or reports (collectively, the "Service"), you agree to be bound by these Terms, our Privacy Policy, and our Platform Consent, all of which are incorporated herein by reference.

    By clicking "I Agree," creating an account, or using the Service, you acknowledge that you are entering into a legally binding agreement and that your electronic acceptance constitutes your signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state laws.

    1.2 Capacity to Contract

    By using the Service, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are accessing the Service on behalf of another individual (such as a minor child for whom you are the parent or legal guardian), you represent that you have the legal authority to bind that individual to these Terms.

    1.3 Rejection of Terms

    If you do not agree to these Terms, you may not access or use the Service. Your sole remedy for dissatisfaction with the Service is to discontinue use.

    1.4 Modification of Terms

    We reserve the right to modify these Terms at any time. Material changes will be communicated via email to registered users or through prominent notice on the Service. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

    2. Service Description

    2.1 What Brain Genome Is

    Brain Genome is a literature retrieval and educational information system. We analyze genetic data files that you have already obtained from third-party consumer genetic testing services (such as 23andMe, AncestryDNA, or MyHeritage) and match genetic variants to published scientific research regarding medications, supplements, and brain health.

    Our Service:

    • Retrieves and presents information from published peer-reviewed scientific literature
    • Matches your genetic variants to research findings in pharmacogenomics databases
    • Generates educational reports summarizing relevant research in real-time using automated algorithms
    • Provides general information about how genetic variants have been studied in research contexts

    Important: Reports are generated algorithmically in real-time. Each report is dynamically assembled based on your genetic data and our current database content. Reports are NOT individually reviewed or verified by humans before delivery.

    2.2 What Brain Genome Is NOT

    Brain Genome is NOT:

    • A genetic testing laboratory or company
    • A clinical diagnostic service
    • A medical device cleared or approved by the U.S. Food and Drug Administration (FDA)
    • A healthcare provider, medical practice, or pharmacy
    • A substitute for pharmacogenomic testing ordered by your healthcare provider
    • A substitute for the professional judgment of qualified healthcare providers
    • Affiliated with, endorsed by, or connected to 23andMe, AncestryDNA, MyHeritage, GeneSight, or any other genetic testing company

    Brain Genome does NOT provide:

    • Medical advice, diagnosis, or treatment
    • Individualized medication recommendations
    • Drug dosing guidance for your specific situation
    • Predictions about whether specific medications will work for you
    • Predictions about whether you will experience medication side effects
    • Interpretation of your results in the context of your medical history, current conditions, or other medications

    2.3 Distinction from Clinical Pharmacogenomic Services

    Brain Genome is fundamentally different from clinical pharmacogenomic testing services. Clinical services (such as GeneSight, offered through Myriad Genetics) are ordered by healthcare providers, performed in certified laboratories, and interpreted within a clinical care context. Brain Genome is an independent educational service that you access directly. Our reports are not intended to guide clinical decision-making and should not be used as a substitute for clinical pharmacogenomic testing.

    2.4 Research Sources and Attribution

    Brain Genome references publicly available pharmacogenomic research, including data from scientific literature databases, PharmGKB (the Pharmacogenomics Knowledge Base), and clinical guidelines published by the Clinical Pharmacogenetics Implementation Consortium (CPIC). These sources are subject to updates and modifications by their respective publishers.

    CPIC guidelines reflect expert consensus based on clinical evidence and peer-reviewed literature available at the time of their publication. They are intended to assist clinicians in decision-making and are not a substitute for the professional judgment of healthcare providers. Users should consult cpicpgx.org and pharmgkb.org for the most current information.

    Brain Genome's citation of research sources does not imply endorsement by those sources, nor does it imply that Brain Genome is affiliated with or approved by any research institution, database, or professional organization.

    Source Data Dependency:

    Brain Genome's accuracy depends entirely on the quality, accuracy, and currency of external research databases. We cannot guarantee that source databases are error-free, complete, or current. Database content may change without notice, and previously accurate information may become outdated or incorrect.

    2.5 Service Modifications

    We reserve the right to modify, suspend, discontinue, or restrict access to any aspect of the Service at any time, with or without notice, for any reason. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

    2.6 Beta and Experimental Features

    Certain features of the Service may be designated as "beta," "experimental," or "preview." Such features are provided for testing and evaluation purposes, may contain errors or inaccuracies, and may be modified or discontinued without notice. Your use of beta features is at your own risk, and you agree that Brain Genome has no liability for any harm arising from beta features.

    3. Educational Purpose and Medical Disclaimer

    3.1 Educational and Informational Purposes Only

    ALL INFORMATION PROVIDED BY BRAIN GENOME IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.

    The Service provides general information about how genetic variants have been studied in published research. This information is intended to educate users about the field of pharmacogenomics and to facilitate informed discussions with healthcare providers.

    3.2 Not Medical Advice

    Nothing in the Service constitutes, or is intended to constitute, medical advice, diagnosis, or treatment. The information provided should not be considered a substitute for professional medical advice from a qualified healthcare provider.

    3.3 No Provider-Patient Relationship

    Your use of the Service does not create a provider-patient, physician-patient, or therapeutic relationship between you and Brain Genome or any of its employees, contractors, or affiliates. Brain Genome does not practice medicine and does not provide medical services.

    3.4 Healthcare Provider Consultation Required

    You are strongly encouraged to consult with qualified healthcare professionals (including physicians, psychiatrists, pharmacists, and genetic counselors) before making any medical decisions. You must NOT start, stop, or change any medication, supplement, or treatment based solely on information obtained from the Service.

    Any significant findings from your Brain Genome report should be confirmed through independent, clinically validated testing ordered by your healthcare provider.

    3.5 FDA Regulatory Status

    BRAIN GENOME REPORTS HAVE NOT BEEN CLEARED OR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION.

    Brain Genome is not a medical device. The Service has not been evaluated by the FDA for safety, efficacy, or any diagnostic or therapeutic purpose.

    3.6 Limitations of Genetic Information

    Genetic variants explain only a portion of individual variation in medication and supplement response. Your Brain Genome report does NOT predict:

    • Whether a specific medication or supplement will be effective for you
    • Whether you will experience side effects from any medication or supplement
    • The optimal dose of any medication for your specific situation
    • How you will respond to any treatment

    Your actual response to medications may differ significantly from what published research might suggest due to factors including but not limited to:

    • Gene-gene interactions that are not fully characterized in research
    • Environmental factors, diet, and lifestyle
    • Your current health conditions and medical history
    • Drug-drug interactions with other medications you are taking
    • Individual biological variation beyond what is captured by genetic testing
    • Limitations in the scope and quality of available research

    3.7 Evolving Nature of Pharmacogenomic Research

    Pharmacogenomics is an evolving field. Research findings may change, be refined, or be contradicted by future studies. The information in your report reflects published research available at the time of report generation but may become outdated as new research emerges.

    3.8 Consumer Genetic Testing Limitations

    Brain Genome analyzes data from consumer genetic testing services (such as 23andMe or AncestryDNA). This data:

    • Was not originally intended for medical or pharmacogenomic purposes
    • May have different accuracy characteristics than clinical genetic testing
    • May not include all genetic variants relevant to medication response
    • May contain errors or omissions
    • Should be confirmed by clinical testing before being used for medical decision-making

    3.9 Mental Health Crisis Resources

    Brain Genome is not a crisis service.

    If you are experiencing a mental health emergency, suicidal thoughts, or thoughts of self-harm, please contact emergency services (911), go to your nearest emergency room, or contact the 988 Suicide and Crisis Lifeline (call or text 988 in the United States).

    Information about psychiatric medications in your report should never delay seeking emergency care.

    3.10 Substance Use Disclaimer

    Brain Genome does not condone the misuse, abuse, or diversion of any prescription, over-the-counter, or controlled substances. Our Service provides educational information about how your genetics may influence your response to various medications, including some with known abuse potential.

    Medications With Abuse Potential: Information provided about controlled substances—including but not limited to stimulants (e.g., amphetamine, methylphenidate), benzodiazepines (e.g., alprazolam, diazepam, lorazepam), opioids (e.g., codeine, tramadol, oxycodone), and sleep medications (e.g., zolpidem)—is strictly for educational purposes.

    Prohibited Uses: You may not use information from our Service to:

    • Obtain prescriptions for controlled substances under false pretenses
    • Manipulate healthcare providers into prescribing specific medications
    • Divert or sell prescription medications
    • Support any illegal activity involving controlled substances

    If you or someone you know is struggling with substance use, please contact SAMHSA's National Helpline at 1-800-662-4357 (free, confidential, 24/7).

    4. No Duty to Update Reports

    Brain Genome has NO obligation to update, modify, supplement, or re-issue any report previously generated for you. Reports reflect the scientific literature, database content, and algorithms available at the time of generation.

    You acknowledge and agree that:

    • Scientific understanding of pharmacogenomics evolves continuously
    • Clinical guidelines (including CPIC guidelines) are updated periodically
    • Research findings may be revised, retracted, or contradicted
    • Database content (including PharmGKB) changes over time
    • Brain Genome's algorithms and analysis methods may be improved

    Previously generated reports will NOT be automatically updated to reflect these changes. You are encouraged to generate new reports periodically and to consult current clinical guidelines through your healthcare provider.

    Brain Genome is not liable for any harm, loss, or damage arising from reliance on information in reports that has been superseded by newer research or updated guidelines.

    5. User Responsibilities and Prohibited Uses

    5.1 Accurate Information

    You agree to provide accurate information when creating your account and using the Service. You are responsible for maintaining the confidentiality of your account credentials.

    5.2 Ownership and Authorization

    By uploading genetic data to the Service, you represent and warrant that:

    • You own the genetic data, OR
    • You have obtained explicit, informed consent from the individual whose genetic data you are uploading, OR
    • You are the parent or legal guardian of a minor whose genetic data you are uploading and have authority to consent on their behalf

    You may NOT upload genetic data belonging to another individual without their knowledge and consent.

    5.3 Review of Uploaded Files

    You are responsible for reviewing your genetic data files before upload. Files from consumer testing services may contain personally identifiable information in headers or metadata. While Brain Genome processes files locally in your browser and strips metadata before storage, you should remove any personal information from your file before uploading.

    5.4 Prohibited Uses

    You agree that you will NOT:

    • Use the Service for any clinical, diagnostic, or treatment purpose without healthcare provider involvement
    • Use the Service to make medication decisions for another person without their knowledge and consent
    • Use the Service for employment decisions, insurance underwriting, or any discriminatory purpose
    • Resell, redistribute, or commercially exploit the Service or any reports without our written permission
    • Attempt to reverse-engineer, decompile, or extract source code from the Service
    • Interfere with the operation of the Service or attempt to gain unauthorized access
    • Use automated systems (bots, scrapers, etc.) to access the Service without our written permission
    • Violate any applicable law or regulation in connection with your use of the Service
    • Use the Service for law enforcement purposes, criminal investigations, forensic analysis, immigration enforcement, or any government surveillance purpose
    • Attempt to re-identify any anonymized or de-identified data
    • Upload genetic data of deceased individuals without legal authority to do so
    • Use the Service for paternity testing, ancestry disputes, or any legal proceeding

    5.5 Compliance with Laws

    You agree to comply with all applicable federal, state, local, and international laws and regulations in connection with your use of the Service.

    6. Genetic Data Processing and Privacy

    6.1 Browser-Based Processing

    Your raw genetic data files are processed entirely within your web browser using client-side technology. Raw genetic files are NEVER uploaded to Brain Genome servers.

    6.2 Limited Data Extraction

    From your genetic file (which typically contains 600,000+ variants), Brain Genome extracts only approximately 1,000 specific genetic markers relevant to our analysis. Only these extracted markers are stored, using anonymous identifiers, in our secure database.

    6.3 Privacy Policy

    Our collection, use, and protection of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the practices described in our Privacy Policy.

    6.4 Data Deletion

    You may delete your genetic data and account at any time through your account settings. Upon deletion:

    • Your genetic marker data is immediately removed from production servers
    • Data is permanently purged from backup systems within 30 days
    • You will have the option to retain or delete any anonymized feedback you have provided

    6.5 Aggregated and De-Identified Data

    Brain Genome may use aggregated, de-identified data that cannot reasonably identify any individual user for purposes including:

    • Improving our algorithms and Service
    • Research and statistical analysis
    • Development of new products or features
    • Collaborations with research institutions or partners
    • Industry analysis and benchmarking
    • Other lawful purposes

    Such de-identified data is not considered personal information and is not subject to individual deletion requests. With your consent (obtained during the Platform Consent process), your data may contribute to these purposes. You may withdraw consent for future contributions at any time, but data already anonymized and incorporated into aggregate datasets cannot be retrieved.

    6.7 Analytics and Third-Party Services

    The Service uses third-party analytics and operational tools to understand usage patterns and improve functionality. These may include:

    • Web analytics services (such as Google Analytics)
    • Payment processing (Stripe)
    • Email delivery services (Resend)
    • Cloud infrastructure providers

    These services may collect information about your use of the Service according to their own privacy policies. Analytics services may use cookies or similar technologies. By using the Service, you acknowledge this data collection. See our Privacy Policy for details on specific services used and your choices.

    6.6 HIPAA Status

    Brain Genome is NOT a Covered Entity or Business Associate under the Health Insurance Portability and Accountability Act (HIPAA).

    HIPAA applies to healthcare providers, health plans, and healthcare clearinghouses—not to educational information services. While HIPAA does not apply to our Service, we implement security and privacy measures that meet or exceed industry standards for protecting genetic information. Our privacy practices are described in our Privacy Policy.

    7. Insurance and Genetic Discrimination Protections

    7.1 GINA Protections

    The Genetic Information Nondiscrimination Act (GINA) is a U.S. federal law that prohibits discrimination based on genetic information in health insurance and employment.

    7.2 GINA Limitations

    IMPORTANT: GINA protections do NOT extend to:

    • Life insurance
    • Disability insurance
    • Long-term care insurance

    Genetic information, including information obtained from Brain Genome reports, could potentially affect your eligibility for or premiums related to these types of insurance. You should consider these implications before sharing genetic information with insurance providers or including it in medical records.

    7.3 No Legal Advice

    Brain Genome does not provide legal advice regarding genetic discrimination or insurance matters. Consult with a qualified attorney if you have concerns about how genetic information may affect your legal rights.

    7.4 Medical Records Considerations

    If you share your Brain Genome report with healthcare providers and they include information from it in your medical records, that information may become accessible to health insurers and other parties who can legally access your medical records. Consider discussing with your healthcare provider how genetic information will be documented before sharing your report.

    8. Intellectual Property

    8.1 Brain Genome Ownership

    The Service, including all software, algorithms, text, graphics, logos, icons, images, reports, and the overall design and structure, is owned by Brain Genome and protected by intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on any portion of the Service without our express written permission.

    8.2 Your Genetic Data

    You retain ownership of your genetic data. By uploading your genetic data, you grant Brain Genome a limited, non-exclusive, revocable license to process your data solely for the purpose of providing the Service to you.

    8.3 Reports

    Reports generated by the Service are provided for your personal, non-commercial use. You may share your reports with your healthcare providers. You may not sell, commercially distribute, or publish reports without our written permission.

    8.4 Feedback

    If you provide feedback, suggestions, or ideas regarding the Service (excluding your genetic data, health information, and medication effectiveness ratings, which are governed by our Privacy Policy), you grant Brain Genome a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation or attribution to you. "Feedback" includes comments about features, usability suggestions, bug reports, and similar input about the Service itself.

    9. Disclaimers

    9.1 "As Is" and "As Available"

    THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

    9.2 Disclaimer of Warranties

    TO THE FULLEST EXTENT PERMITTED BY LAW, BRAIN GENOME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

    • IMPLIED WARRANTIES OF MERCHANTABILITY
    • FITNESS FOR A PARTICULAR PURPOSE
    • NON-INFRINGEMENT
    • ACCURACY, RELIABILITY, OR COMPLETENESS OF INFORMATION
    • UNINTERRUPTED OR ERROR-FREE OPERATION
    • FREEDOM FROM VIRUSES OR HARMFUL COMPONENTS

    9.3 No Warranty of Results

    BRAIN GENOME DOES NOT WARRANT THAT:

    • THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
    • THE INFORMATION PROVIDED WILL BE ACCURATE, COMPLETE, OR CURRENT
    • ANY ERRORS IN THE SERVICE WILL BE CORRECTED
    • THE SERVICE WILL BE AVAILABLE AT ALL TIMES

    9.4 Research Limitations

    THE SCIENTIFIC RESEARCH REFERENCED IN BRAIN GENOME REPORTS MAY BE PRELIMINARY, LIMITED IN SCOPE, SUBJECT TO METHODOLOGICAL LIMITATIONS, OR CONTRADICTED BY OTHER RESEARCH. BRAIN GENOME MAKES NO REPRESENTATIONS REGARDING THE VALIDITY, RELIABILITY, OR APPLICABILITY OF ANY RESEARCH TO YOUR INDIVIDUAL SITUATION.

    9.5 Algorithmic and Citation Accuracy Disclaimer

    BRAIN GENOME REPORTS ARE GENERATED BY AUTOMATED SYSTEMS AND MAY CONTAIN ERRORS.

    You acknowledge and agree that:

    • Reports are generated in real-time by automated algorithms that match genetic variants to database content
    • Citations and references may be inaccurate, contain errors, reference retracted research, or link to incorrect sources
    • Phenotype and metabolizer status calculations may contain computational errors or be based on incomplete data
    • Database content may not reflect current research and may contain outdated, incomplete, or incorrect information
    • We do NOT manually verify each individual report, citation, calculation, or recommendation before delivery
    • Algorithms may produce unexpected or incorrect results for unusual genetic combinations
    • System updates may introduce errors or change previous results

    YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL CITATIONS, CALCULATIONS, AND FINDINGS BEFORE RELYING ON THEM.

    Brain Genome strongly recommends that you:

    • Verify all cited research papers exist and contain the claimed findings
    • Discuss any findings with qualified healthcare professionals
    • Do not make any medical decisions based solely on Brain Genome reports
    • Treat all information as educational starting points for further research, not definitive conclusions

    9.6 Algorithm Methodology

    Brain Genome's proprietary algorithms, methodologies, and analysis techniques are not warranted for accuracy, clinical validity, or scientific rigor. Algorithm performance may vary based on genetic data quality, database completeness, and other factors. We make no representations that our methodology is superior to, equivalent to, or appropriate as a substitute for clinical pharmacogenomic testing.

    10. Limitation of Liability

    10.1 Exclusion of Damages

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRAIN GENOME AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

    • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
    • LOSS OF PROFITS, REVENUE, DATA, OR USE
    • PERSONAL INJURY OR PROPERTY DAMAGE
    • EMOTIONAL DISTRESS OR PSYCHOLOGICAL HARM
    • MEDICAL EXPENSES OR HEALTHCARE COSTS
    • ANY DAMAGES ARISING FROM MEDICATION DECISIONS, CHANGES, OR OUTCOMES

    WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF BRAIN GENOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    10.2 Specific Exclusions

    WITHOUT LIMITING THE FOREGOING, BRAIN GENOME IS NOT RESPONSIBLE OR LIABLE FOR:

    • Any medical decisions you make based on information from the Service
    • Any medication changes, starts, stops, or dosage adjustments
    • Any supplement or vitamin decisions or adverse reactions
    • Any interactions between medications, supplements, or other substances
    • Any reliance on outdated reports or information that has been superseded by newer research
    • Any failure to update previously generated reports
    • Any errors or omissions in source databases or research literature
    • Any emotional or psychological distress resulting from information in your reports
    • Any actions or inactions of your healthcare providers
    • Any consequences of sharing your reports with third parties
    • Errors in automated report generation, including citation errors, calculation errors, or incorrect phenotype assignments
    • Reliance on incorrect, outdated, or retracted citations referenced in reports
    • Algorithmic errors in phenotype, metabolizer status, or other genetic calculations
    • Database synchronization issues affecting report accuracy
    • Any discrepancy between Brain Genome reports and clinical pharmacogenomic testing

    10.3 Maximum Liability

    TO THE EXTENT LIABILITY CANNOT BE EXCLUDED, BRAIN GENOME'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO BRAIN GENOME IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

    10.4 Essential Purpose

    THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    10.5 Assumption of Risk

    You expressly acknowledge and assume the inherent risks associated with accessing genetic information, including but not limited to: learning unexpected information about medication compatibility, experiencing emotional distress, receiving information that conflicts with clinical advice, and making decisions based on educational information that may not apply to your specific situation.

    BY USING THE SERVICE, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH SUCH USE.

    11. Indemnification

    To the extent permitted by applicable law in your jurisdiction, you agree to indemnify, defend, and hold harmless Brain Genome and its owners, officers, directors, employees, agents, contractors, affiliates, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

    • Your use of the Service
    • Your violation of these Terms
    • Your violation of any third-party rights
    • Your violation of any applicable law or regulation
    • Any decisions you make based on information from the Service
    • Any content you submit to the Service
    • Any dispute between you and your healthcare providers related to the Service

    12. Dispute Resolution

    12.1 Informal Resolution

    Before initiating formal dispute resolution, you agree to contact us at legal@braingenome.ai to attempt to resolve any dispute informally. We will attempt to resolve the dispute through good-faith negotiation within 30 days.

    12.2 Governing Law

    These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

    12.3 Venue

    For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Washington State.

    12.4 Binding Arbitration

    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

    Except for disputes relating to intellectual property rights or claims eligible for small claims court, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules.

    The arbitration shall be conducted in King County, Washington, unless you and Brain Genome agree otherwise. The arbitrator's decision shall be final and binding.

    12.5 Class Action Waiver

    YOU AND BRAIN GENOME AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.

    The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

    12.6 Arbitration Opt-Out

    You may opt out of this arbitration agreement by sending written notice to legal@braingenome.ai within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, the remaining provisions of these Terms will continue to apply.

    12.7 Survival

    This dispute resolution section shall survive termination of these Terms and your use of the Service.

    13. Termination

    13.1 Termination by You

    You may terminate your account at any time by using the account deletion function in your settings or by contacting support@braingenome.ai.

    13.2 Termination by Brain Genome

    We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include but are not limited to violation of these Terms, fraudulent or abusive conduct, or as required by law.

    13.3 Effect of Termination

    Upon termination:

    • Your right to access the Service ceases immediately
    • You remain bound by all provisions of these Terms that by their nature should survive, including disclaimers, limitation of liability, indemnification, and dispute resolution
    • Brain Genome will process your data in accordance with our Privacy Policy

    Reports you have downloaded to your device remain in your possession and are your responsibility to manage or delete. Brain Genome has no control over downloaded reports.

    13.4 Survival

    The following sections survive termination: Section 3 (Educational Purpose and Medical Disclaimer), Section 4 (No Duty to Update Reports), Section 8 (Intellectual Property), Section 9 (Disclaimers), Section 10 (Limitation of Liability), Section 11 (Indemnification), Section 12 (Dispute Resolution), this Section 13, and Section 14 (Refund Policy).

    14. Refund Policy

    All refund requests must be made within 30 days of the date of purchase. Due to the nature of digital genetic reports generated in real-time, reports that have been generated and delivered are non-refundable. The analysis is performed instantly and the results cannot be "ungiven."

    14.1 Non-Refundable: Generated Reports

    Once a report has been generated and made available to you, the purchase is non-refundable. This includes situations where you are dissatisfied with your genetic results, disagree with the research cited, or your results differ from expectations. Genetic analysis reflects your unique DNA—your results are your results.

    14.2 Refund-Eligible Situations

    Within 30 days of purchase, you may be eligible for a refund if a report has not been successfully generated. Eligible situations include:

    • You are unable to upload your DNA file (format incompatibility, technical errors, or unsupported file type)
    • Your DNA data cannot be processed or analyzed for any reason
    • Technical issues prevent successful report generation (upload failures, processing errors, or delivery failures)
    • You purchased by mistake (e.g., you did not realize you needed a consumer DNA test first)
    • Accidental duplicate purchase of the same report type

    To request a refund, please contact us at support@braingenome.ai with your account email and a brief description of the issue. We will review your request and respond within 5 business days.

    14.3 Before Purchase

    We encourage you to review our sample reports, methodology documentation, and the complete list of analyzed genes and medications before purchasing to ensure our Service meets your expectations.

    14.4 Troubleshooting Support

    If you are experiencing issues with your report or account, our customer support team is here to help. Please reach out to support@braingenome.ai or use the chat feature on our website before requesting a refund—we may be able to resolve your issue.

    15. General Provisions

    15.1 Entire Agreement

    These Terms, together with the Privacy Policy and Platform Consent, constitute the entire agreement between you and Brain Genome regarding the Service and supersede all prior agreements and understandings.

    15.2 Severability

    If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent.

    15.3 Waiver

    Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

    15.4 Assignment

    You may not assign or transfer your rights under these Terms without our prior written consent. Brain Genome may assign its rights and obligations under these Terms without restriction.

    15.5 Notices

    We may provide notices to you via email to the address associated with your account or by posting on the Service. You are responsible for keeping your email address current.

    15.6 Force Majeure

    Brain Genome is not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of government, pandemics, or internet service disruptions.

    15.7 Headings

    Section headings are for convenience only and do not affect interpretation.

    16. Contact Information

    Brain Genome

    Terms of Service Version 1.2 | Effective December 6, 2025