3X4 Terms of Service

These Terms of Service are a binding legal agreement between you and 3X4 Genetics, Inc. and so please ensure you read and understand this document carefully. These Terms of Service apply across all three brands operated by 3X4: 3X4 Genetics, GENEFIT and GENEFIT Sport (each, a “Brand”). These Terms of Service operate together with the documents incorporated by reference, including the applicable Privacy Policy (United States or South Africa), the Cookie Policy and the Returns and Refund Policy. If you are a practitioner, the Practitioner Terms of Service (Supplement) may also apply. In the event of conflict, the following is the order in which any applicable document prevails: a signed written agreement between you and 3X4; the Practitioner Supplement; the Terms of Service; the incorporated Policies.

1. Definitions

1.1 In this document and the documents incorporated by reference, unless the context indicates otherwise:

1.2 “3X4 Genetics” refers to CIPHER GENETICS, INC. (doing business as 3X4 Genetics), with a listed address at 3120 139th Avenue Southeast, Suite 500, Bellevue, WA 98005, and “GENEFIT” and “GENEFIT SPORT” each refers to a division and Brand thereof.

1.3 “3X4”, “we”, “us”, or “our” refers to 3X4 Genetics.

1.4 “You”, “Your”, or“ “Participant”, refer to every person that uses 3X4’s services.

1.5 “Terms of Service” refer to this document.

1.6 “Website” refers to either the website at address https://3X4genetics.com, at address https://kit.3X4.io, and at address https://genefit.pro which are run by and owned by 3X4.

1.7 “3X4 Health App” or “App” refer to the mobile applications developed and offered by 3X4 which provide insights into your genetic profile, including the 3X4 Health App and the GENEFIT App.

1.8 “User Account” refers to a personal and secure digital identity established by an individual user on a Brand’s platform. It consists of a unique username and a password chosen by the user during the registration process. The username serves as the user's identifier within the system, while the password is a confidential combination of characters known only to the user, used for authentication and access control. This account grants the user authorized access to various services, features, and functionalities provided by 3X4.

1.9 “Third Party Supplier” refers to any service provider not directly employed by 3X4 that we have selected to assist us in fulfilling our 3X4 Services to you. Examples include the courier and laboratory services we use.

1.10 “3X4 Services” refers to all products, services, content, tools, features, communications and other offerings made available by 3X4 under any brand, including the Websites, Apps, Genetic Tests, 3X4 Reports, Consultations and related support.

1.11 “Genetic Test”, refers, with respect to any Brand, to the product that 3X4 sells in relation to that Brand to test your genes at a laboratory and providing you with a report that provides you with information regarding your genes.

1.12 “3X4 Results refers, with respect to any Brand, to genetic reports generated by 3X4 in relation to Genetic Tests under that Brand which gives you information regarding your genes.

1.13 “Consultation” refers, with respect to any Brand, to a personalized wellness and educational session under that Brand in which a Certified Practitioner reviews and explains an individual’s 3X4 Results and provides individualized recommendations limited exclusively to general wellness topics, including nutrition, lifestyle, fitness, and health optimization.

1.14 “Kit” refers, with respect to any Brand, to the DNA sample kit that is supplied by 3X4 under that Brand, which uses a buccal swab to obtain a sample of your cheek cells.

1.15 “Sample” refers to your DNA sample that you have completed using a Kit and the DNA extracted from it at the laboratory.

1.16 “Practitioner”, is a health professional that you select to review your 3X4 / GENEFIT results. A “Certified Practitioner” is a Practitioner who is an independent contractor of 3X4 and is approved by 3X4 to perform services under a Practitioner Supplement.

1.17 “User Content” refers to any information, data, audio, photographs, or other materials, that you have created and posted onto 3X4 online platforms, or sent to 3X4 via email or text message, whether privately or publicly.

1.18 “Personal Information” refers to information about an identifiable individual, including, but not limited to, information relating to gender, sex, age, language, education level, address and contact number, including where applicable “personal information”, “personal data” and “sensitive personal information” as such terms may be used in applicable state laws in the US, and for South African residents, the meaning ascribed to such term in POPIA. “Personal Information” includes (a) “Genetic Information”, which is information extracted from your Sample, whether taken from a cheek swab or saliva sample, in the form of genotypic data (for example, the As, Cs, Gs, and Ts in a certain region of your genome); (b) “Self-Reported Information” which means information you provide about yourself, including, but not limited to, your physical and mental health, well-being, disability, illness, medical history, bio-metric information, personal opinions, views or preferences; (c) “Health Information”, which means health-related data including injury information, physical and mental health, well-being, disability, illness, medical history and biometric information, and (for GENEFIT) data such as heart rate, cadence, power, age, weight and height; and (d) “Wearable Data”, which means data supplied to GENEFIT from a connected wearable device, including activity, heart rate, distance and other physiological or behavioral data.

1.19 For South African residents, “CPA” means the Consumer Protection Act 2008 of South Africa, “ECTA” means the Electronic Communications and Transactions Act 2002 of South Africa, and “POPIA” means the Protection of Personal Information Act 2013.

1.20 “Raw Genetic Data” refers to a text file containing all the available genetic information that was obtained from your Sample by the lab.

1.21 “Partner Platform” refers to third parties, such as clinics, corporate wellness programs, and other organizations with which you have a relationship or account and which may introduce you to 3X4 Services and through which you may purchase 3X4 Services.

2. Introduction, Limitations on Liability & Disclosures

2.1 These Terms of Service govern the use of the 3X4 Services.

2.2 If there is any term or obligation in these Terms of Service found to be invalid, all remaining terms and conditions remain in full effect.

2.3 These Terms of Service constitute a complete agreement between you and 3X4.

2.4 If you use any affiliate or Third-Party Supplier services, you will be subject to the terms and conditions of that service provider.

2.5 Limitations of liability:

2.5.1 3X4 is not liable for any inaccurate information communicated to you, except for when liability arises due to gross negligence or willful misconduct of 3X4 or its authorized representatives.

2.5.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER 3X4 NOR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICER, EMPLOYEES OR AGENTS (COLLECTIVELY, “3X4 PARTIES”) WILL BE HELD LIABLE FOR ANY LOSS OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING LOST PROFITS, THAT MAY RESULT FROM YOUR USE OF THE 3X4 SERVICES. IN NO EVENT SHALL 3X4’S LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU FOR THE 3X4 SERVICES (OR IN THE CASE OF PRACTITIONERS, THE GREATER OF $150 AND SUCH AMOUNT).

2.5.3 You hereby indemnify the 3X4 Parties from any loss, claim or damage you or any third party may suffer as a result of using, in any way, the 3X4 Services. In South Africa, this indemnity is subject to the CPA and does not require you to indemnify 3X4 Parties against their own gross negligence or willful misconduct, and nothing in these Terms of Service excludes or limits liability for death or personal injury caused by negligence or fraud under the CPA.

2.5.4 We will not be liable for any damages incurred as a result of any act, failure, omission or oversight by a Third-Party Supplier when supporting 3X4 Services.

2.5.5 3X4 cannot be held responsible for the content, goods, services or actions of any external resources or websites that we may link you to.

2.6 3X4 may change or update these Terms of Service at any time.

2.7 3X4 may terminate or update, either temporarily or permanently, the operation of its 3X4 Services at any time, for any reason, except to complete your outstanding order(s) for a Genetic Test or providing you with a full refund for your Genetic Test, within 30 days.

2.8 3X4 may terminate our 3X4 Services to you and blacklist you on a database if there is suspected fraud, abuse of the Website or any other violations of these Terms of Service.

2.9 Your use of 3X4 Services is solely at your own risk.

2.10 3X4 will not monitor or administer any User Content posted on any 3X4 administered social media.

2.11 3X4 has the right to review, move, modify or refuse any content available through our 3X4 Services.

2.12 OTHER THAN AS EXPRESSLY SET FORTH IN SECTIONS 3.19 AND 5, 3X4 MAKES NO REPRESENTATIONS OR WARRANTIES AND IS NOT BOUND TO ANY REPRESENTATIONS OR WARRANTIES MADE BY REPRESENTATIVES OF 3X4, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES:

2.12.1 of fitness for particular purposes,

2.12.2 of non-infringement,

2.12.3 of merchantability,

2.12.4 that our 3X4 Services will meet your requirements or expectations,

2.12.5 that our 3X4 Services will be accurate, reliable or error-free, or unfailingly secure,

2.12.6 that our 3X4 Services will not be interrupted or delayed,

2.12.7 that any known errors in our 3X4 Services will be corrected,

2.12.8 that any content downloaded from us will be free from any risk to you to your property, and/or your data,

2.12.9 that 3X4 Services are not subject to change,

2.12.10 that your 3X4 Results will include a result for all genes tested.

3. Acceptance of Terms of Service

3.1 Any participation in 3X4 Services will constitute your acceptance of these Terms of Service.

3.1.1 By using this Website and using 3X4’s Services, you acknowledge that you have read, understood and agreed to these Terms of Service.

3.1.2 If anything in this document is unclear or you do not understand something, it is your responsibility to contact 3X4 to ask that we explain it to you. Contact us at info@3X4genetics.com or +1 (425) 818-5333.

3.1.3 You understand that 3X4 may amend these Terms of Service and that it is your responsibility to check for any amendments and cease using 3X4 Services should you not agree to the amendments. Your use of the Website after any amendment constitutes agreement to the amendments.

3.1.4 You are welcome, at any stage, to stop using 3X4 Services without needing to inform 3X4, subject to the terms in the Agreement of Sale specified in these Terms of Service.

3.2 You agree that, by using the Website, you are 18 years of age or older and of full legal capacity or are being supervised by your parent or legal guardian. If your parent or legal guardian supervises you with their consent, that person is bound to these Terms of Service and will be held liable for you and all your obligations in this document.

3.3 If you lack the ability to enter into a binding agreement or are not legally authorized to act on behalf of a person under the age of 18 years, you must not use 3X4 Services.

3.4 In terms of these Terms of Service, you may not transfer your obligations or rights to any third party.

3.5 You agree that you are using the 3X4 Services for personal use only.

3.6 When submitting your information and Sample, you represent that the Sample is of your own genetic material.

3.7 You agree that any information you supply to 3X4 is true, accurate and complete.

3.8 You agree that you are not representing an insurance company, government or employer trying to obtain Genetic Information of another person, unless there is a separate, written agreement between you and 3X4.

3.9 You agree not to use 3X4 Services outside of the United States of America or South Africa.

3.10 If you do not comply with your obligations under these Terms of Service, this may lead to a suspension of your access to the Website without any prejudice.

3.11 You will not use any means to interfere with the proper working of the Website.

3.12 You will obtain prior, written consent from 3X4 to copy, monitor or change the Website or any information displayed on the Website.

3.13 You may create Hyperlinks to 3X4Genetics.com, which are limited, non-exclusive and revocable and cannot portray 3X4, its affiliates, licensors, successors, Third Party Suppliers, products or services in any way that is defamatory, offensive, derogatory, or amounts to hate speech, or that causes confusion.

3.14 Any use, copying, linking, framing, distribution, modification or reverse engineering of any 3X4 Service without written consent is prohibited.

3.15 3X4 Services may include third party logos, content, and trademarks, whereby the respective third party’s rights apply.

3.16 You agree that any misuse of 3X4 Services for commercial gain may result in monetary damages being claimed against you and you may be served with a legal restraint to cease and desist any activities of misuse, without us needing to demonstrate damages.

3.17 You may be subject to criminal or legal claims for misusing 3X4 Services.

3.18 You may not use 3X4 Services to distribute material or speech that is defamatory, offensive, derogatory, or amounts to hate speech.

3.19 You understand and agree that your participation in 3X4 Services allows 3X4 to collect and store your DNA and disclose your personal, health and Genetic Information to Practitioner, subject to the consent conditions of Section 12. You understand that your acceptance, as set out in Section 3.1, of these Terms of Service constitutes your express consent to and acceptance of the facts that: (1) your Sample is identified with a kit code to ensure it cannot be identified personally to you while in transit or by the laboratory, with such code and your name being linked and stored securely on 3X4’s Amazon Cloud-based servers accessible only to a minimal number of authorized 3X4 personnel; and (2) your Sample is stored securely by the laboratory for 6 months and then destroyed automatically or, if earlier, within 30 days of your written revocation of this consent. 3X4 maintains procedures to protect your Genetic Information against unauthorized access, destruction, use, modification, and disclosure, to provide you with access to such information, and to delete such information (except as may be required to be retained under applicable law). This is explained in more depth in the applicable Privacy Policy. If you are a California resident, you have the right to file a complaint under Section 56.182(c) of the California Civil Code if your rights under this paragraph are breached.

3.20 You may revoke your consent at any time to any or all uses of your Personal Information set out in these Terms of Service including without limitation those relating to processing your Personal Information, generating a Genetic Report, storage of your Sample, or sharing information with third parties. Within 30 days of receipt of such email, 3X4 shall honor such revocation and destroy your Samples. If any data breach occurs that compromises your Personal Information, 3X4 will notify you and, as applicable, any appropriate government official (such as the California Attorney General). 3X4 will not discriminate against you for exercising your privacy rights, and will not deny you 3X4 Services, charge you different prices, or provide a lower level of quality if you choose to exercise your rights to data deletion, Sample destruction or revocation of other consents. To exercise your rights to access, deletion, Sample destruction or revocation of consent, please contact the 3X4 Data Privacy Officer at: info@3X4genetics.com.

3.21 You waive any rights to compensation, by participating in 3X4 Services.

3.22 You agree that your Sample and DNA results can be processed, transported to, and/or transferred to a different country from where you reside, subject to the transfer safeguards in the applicable Privacy Policy. You represent that your providing a Sample will not be subject to any export ban or restriction in the country in which you reside, and/or that you will abide with all applicable laws regarding the transmission of data from the country in which you access 3X4 Services.

3.23 Neither Genetic Tests nor Kits are available for resale, unless agreed to in writing.

3.24 You will immediately inform 3X4 by email (info@3X4genetics.com) or phone call (+1 (425) 818-5333) if you reasonably suspect, or are made aware of, any unauthorized access to, or use of, the 3X4 Services or Personal Information on your mobile or any other of your communication or data storage devices.

3.25 By submitting your Sample, you agree that you are not a recipient of a bone marrow and/or stem cell transplant, have not undergone a liver transplant, and have not received a blood transfusion within the thirty (30) days immediately preceding the date of Sample collection, unless the type of transfusion received allows for earlier Sample submission under applicable guidelines.

4. Understanding 3X4 Services

4.1 About 3X4 science:

4.1.1 The Genetic Test focuses on gene variants in key metabolic pathways that have a high level of scientific evidence and are clinically relevant.

4.1.2 Genetic variation is a term used to describe the variation in the DNA sequence in each of our genomes. Genetic variation is what makes us all unique, whether our hair color, skin color or the shape of our faces.

4.1.3 We refer to a gene variant as having a specific “impact”. The impact refers to how much the gene variation affects the protein’s function as well as the metabolic process the protein is involved in.

4.1.4 The gene variants that are tested by 3X4 are all considered “low penetrance” genes. This means that the gene by itself does not cause an illness or condition.

4.1.5 The Genetic Test is not meant as a diagnostic tool but is rather used as a preventative and screening tool to detect the root causes for the development of chronic conditions and can be used to implement more targeted treatment.

4.1.6 GENEFIT provides tracking, measurements and analyses of activity, fitness, injuries, tissue health and adherence to training plans, and (with a Genetic Test) genetic insights.

4.1.7 Nutrigenomics and nutrigenetics are based on personalized nutrition and lifestyle advice, which leads to a better chance of improving health rather than following general dietary advice.

4.2 We recommend that you understand the implications of getting your genetic results.

4.2.1 Knowing your genetic results is irreversible and therefore is a decision that should be taken seriously.

4.2.2 The information you receive may be disturbing or negative and may impact on your psyche, your family, as well as your social, economic, legal and financial surroundings.

4.2.3 It is recommended that you speak to a healthcare provider, trained in genetics, before embarking on a journey to discover your genetic results.

4.2.4 If you experience any anxiety, it is recommended that you seek advice from your healthcare provider before getting your genetic results.

4.3 We recommend that you understand the implications of sharing your genetic results.

4.3.1 We recommend that you discuss with a lawyer before sharing your genetic results, for example sharing them with an insurance company or employer. Federal laws, in particular the Genetic Information Nondiscrimination Act, provide you with protection from discrimination by health insurance companies, group health plans, and most employers based on your genetic information.

4.3.2 It is possible that if you share your genetic information with a healthcare provider, it may form part of your medical record which could be accessed in the future by, for example, physicians, healthcare providers, or insurance companies.

4.3.3 It is possible that any genetic information you choose to share, for example with family, friends or employers, may be used against you.

4.3.4 It is important to consider that the relevance or interpretation of your genetic information is subject to change.

4.4 We recommend that you understand what your genetic information means and does not mean for you.

4.4.1 Your genes only form a part of what makes you who you are.

4.4.2 If your genetic results show that you do not have a genetic predisposition for a certain disease or condition, that does not necessarily mean that you will not develop that disease or condition.

4.4.3 If your genetic results show that you have a genetic predisposition for a certain disease or condition, that does not mean that you will develop that disease or condition.

4.5 3X4 is not a healthcare provider.

4.5.1 All information, data interpretations, and recommendations provided are non-clinical in nature and are intended solely to support general wellness and healthy lifestyle choices. The services do not include, and expressly exclude, the diagnosis, mitigation, prevention, treatment, or cure of any disease, condition, or disorder.

Practitioners do not provide medical opinions, clinical assessments, or healthcare services, and no aspect of the Consultation should be interpreted as involving the practice of medicine or any other regulated healthcare profession. No physician-patient or other licensed healthcare provider-patient relationship is created.

The services are provided for informational and educational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Individuals should consult a licensed physician or other qualified healthcare provider before making any medical decisions or changes related to their health, particularly if they have or suspect they may have a medical condition. Reliance on any information provided during the consultation is solely at the individual’s own risk.

4.5.2 We urge you to talk with your healthcare provider about how a Genetic Test is right for you. 3X4 staff can speak to the contents of the report and process of using our Kit but cannot answer questions about why the test is right for you specifically.

4.5.3 We urge you to discuss your 3X4 Results with a healthcare provider before taking any action based on the information provided in your 3X4 Results.

4.5.4 We urge you to consult with your healthcare provider before embarking on any weight-loss program, fitness program, physical activities, beauty regime, or any other action mentioned or alluded to in the 3X4 Services.

4.5.5 We urge you to consult with your physician if you are currently taking medication and/or undergoing treatment or program for any condition or disease before using any 3X4 Service.

4.5.6 We urge you to consult with your physician for any information on diagnosis, treatments, disease prevention, cures, medication, or anything else related to your health.

4.6 You acknowledge and agree that any information that you get from your Genetic Test and 3X4 Results, including a Consultation, should not be considered medical advice or medical services.

4.6.1 Any information provided by us should not form a substitute for a consultation or treatment by a healthcare provider.

4.6.2 Any information provided by us should not be used for diagnostic or treatment purposes for any medical condition.

4.6.3 Any information provided by us should not be used to make any medical decisions.

4.6.4 You should not change your health behavior only using the information 3X4 provides.

4.6.5 If you rely on the information provided by 3X4, our employees or another member of the public, you do so solely at your own risk.

4.6.6 You acknowledge and agree that 3X4 is not liable for any information or advice provided to you by your Practitioner.

4.7 Research into genetics is continually evolving.

4.7.1 With future advances in genetic research, any current state will only reflect a portion of the implications of genetics.

4.7.2 With future advances in genetic research, the interpretation of your genetic results is likely to change.

4.7.3 Any interpretations of your Genetic Information done in the past would need to be revised in accordance with any future advances in genetic research, at your own expense.

4.8 There may be limitations in the laboratory’s tests and the genes tested.

4.8.1 The genes tested in the Genetic Test only constitute a small percentage of your genes.

4.8.2 Other genes that are not tested in the Genetic Test may have more impact on your health.

4.8.3 Factors in your environment may have more impact on your health.

4.8.4 On occasion, certain DNA cannot be processed at the laboratory because the results do not meet the criteria to be considered an accurate result.

4.8.5 On occasion, data provided by the laboratory may not be able to be interpreted or may be incorrect. In this case, you will not be refunded.

4.8.6 3X4 is not a laboratory nor does it perform laboratory testing services. All laboratory services are conducted by a Third-Party Supplier laboratory.

4.8.7 On occasion, the result for a certain gene cannot be provided because it does not meet the criteria to be considered an accurate result or the result cannot be obtained for a certain gene due to technical reasons.

4.8.8 Certain medical treatments, such as bone marrow transplants, stem cell donations, liver transplants can cause your Sample to contain DNA material belonging to the donor. This could lead to your Sample failing at the lab or yielding results belonging to the donor’s DNA.

4.9 You agree that you are not taking a Genetic Test or engaging in any of our 3X4 Services to pursue medical advice or treatment.

5. Agreement of Sale & Conditions of Sale

5.1 An Agreement of Sale comes into effect when 3X4 receives a successful payment through authorized 3X4 payment channels and/or coupons (refer to Section 6 and 7 of these Terms of Service) from you or from your Practitioner.

5.2 3X4 will arrange delivery of a Kit within a reasonable time after payment to an address within the applicable country, and arrange for your completed Sample to be processed at the Third-Party Supplier laboratory. Your order is considered completed and you agree that 3X4 has met all its obligations once your 3X4 Genetic Results are made available via your Account, App or Practitioner’s account, as applicable, or after 30 days since the date of purchase, whichever comes first.

5.3 Cancellation of Sale, Returns and Refunds

5.3.1 Refer to our Returns and Refund Policy which operates in conjunction with these terms.

5.3.2 3X4 may cancel your order for a Genetic Test, at our discretion, at any stage, for any reason, which we do not have to disclose, after which will refund you in full, as soon as possible but no later than 30 days after such cancellation. If you have paid for your order and we are able to cancel the order at the time of processing your request, you can cancel the order and we will refund the full amount that you paid. Such cancellations are possible only if the order has not yet started processing at our fulfillment center, which typically occurs within minutes of order confirmation. We strongly recommend calling us as soon as possible to request a cancellation, as we cannot guarantee cancellations once an order has been placed.

5.3.3 We will provide a replacement Kit at no charge on up to 2 occasions where the laboratory cannot process the sample. If we are unable to generate a successful, accurate result of your Sample processing after three attempts, you will be refunded the paid price in full, and you agree that you will not be able to try to submit another Sample, whether by purchasing another test or via another method, with 3X4 at any time in the future. If it is found that you do not honor these Terms of Service and submit another Sample, we will not re-process your Sample or refund you.

5.3.4 Your Sample cannot be returned to you.

5.3.5 You may return unopened, unregistered Kits in original condition within 30 days of purchase for a refund less a $50.00 handling fee. Refunds are issued to the original payment method only.

5.3.6 Other than specified in these Terms of Service, no refunds will be processed for 3X4 Services rendered.

5.4 Additional Services & Exceptions; Revocation

5.4.1 Placing a Genetic Test in your cart does not qualify as an order. 3X4 cannot guarantee that the price of the Genetic Test will be the same when you return at a later time.

5.4.2 If you do not complete and/or register your Sample within 90 days of receiving your Kit, 3X4 will be able to process your Sample for a nominal handling fee of $30.00. Please contact us at info@3X4genetics.com to arrange this.

5.4.3 If you do not return your Completed Sample within 7 days of registering your Kit, 3X4 will be able process your Sample for a nominal handling fee of $30.00. Please contact us at info@3X4genetics.com to arrange this.

5.4.4 You must ship your completed Sample within 6 months of receiving your Kit, failing which you must purchase a new Genetic Test at the current price.

5.4.5 Damaged/defective/expired Kits are replaced without charge if reported within 2 weeks (for damage visible at delivery) or immediately on discovery for a period of up to 6 months (for missing, damaged or expired components) of delivery.

5.4.6 Kits shipped to an incorrect address you provided, or replacements needed due to loss, damage, mislabeling, or mis-registration by you, incur a $50.00 handling fee per Kit. If your Kit has been shipped to you and there is excessive delay in shipment that is not caused by your act or omission, we will replace the Kit at no charge.

5.4.7 If you are a South African resident, the rights in this Section 5 are in addition to, and do not limit, your rights under the CPA and ECTA, including the ECTA electronic transaction cooling-off right and the CPA rights relating to quality, returns and cancellation.

5.4.8 If a specific gene result was not provided in your report because we could not generate a successful result for it, you may request another attempt for a fee of $150.00. This will require you to submit a new Sample. Although we shall make reasonable efforts to generate a result for the gene in question, we cannot guarantee success and cannot offer a refund for the fee paid. This option is only available for a limited number of genes in our test and is only available for 60 days after your report is provided.

5.4.9 Raw Genetic Data Requests

5.4.9.1 While Raw Genetic Data provided by 3X4 meets general quality assurance standards, only a subset of genetic markers has been individually validated for accuracy by 3X4.

5.4.9.2 3X4 provides health and lifestyle recommendations based on a proprietary pathway-based analysis of a subset of your Raw Genetic Data.

5.4.9.3 3X4 provides Raw Genetic Data in text file format, as generated by Thermo Fisher Scientific’s Axiom Genotyping platform. Converting the file to other data formats is not a service provided by 3X4.

5.4.9.4 Raw Genetic Data provided by 3X4 should be used for informational purposes only, and not be used for medical, diagnostic or other use. We recommend you consult with a healthcare professional before making any major changes to your health and wellness regimes based on Raw Genetic Data.

6. Payments & Fees

6.1 When submitting payment for any fee, you select a payment method made available by 3X4 (e.g., credit card, a third party such as Apple App store or Google Play) and provide information about your payment method. When you submit your payment information, you authorize us and certain third-party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. If you pay through the Google Play or Apple App store, you may change your payment method through the corresponding store account. 3X4 uses reputable third-party payment gateways with secure encryption; 3X4 does not store your card details.

6.2 No refunds or credits will be provided by 3X4, other than as set forth in these Terms of Service.

6.3 To access specific features of the 3X4 Services, it may be necessary to make payments in the form of subscription fees and in the case of the GENEFIT App, to purchase a GENEFIT Genetic Test.

6.4 These subscription fees, inclusive of applicable taxes, can be settled either on a monthly or annual basis, and they are required to be paid in advance.

6.5 Subscriptions renew automatically until you downgrade or cancel; 3X4 will send you a reminder before such automatic renewal begins. If you are a South African resident, 3X4 will send you a reminder not more than 80 and not less than 40 business days prior to expiration of your renewal or termination choices and any material changes to these Terms of Services.

6.6 For users transitioning from monthly to annual subscriptions, the annual rates will become effective at the start of the subsequent billing cycle. You may cancel at any time; if you subscribed via an app store, cancel through that store; cancellation takes effect at the end of the current billing cycle.

6.7 Your subscription fee will remain consistent with your initial charges unless you receive prior notification of any changes.

6.8 By using your User Account, you commit to covering the subscription fees and any other charges incurred, whether they are one-time, or subscription based.

6.9 3X4 reserves the right to adjust subscription fees, associated taxes, or introduce new fees, subject to reasonable prior notice.

6.10 You are solely responsible for repaying 3X4 any reversed or charged-back credit card payments, within 30 days of being contacted by 3X4.

7. Coupons

7.1 If you have a 3X4 coupon, you will be able to enter the coupon number before continuing to payment and only the remaining balance will be payable.

7.2 Virtual and physical coupons generated by 3X4 are redeemable only before the expiry date specified on the coupon.

7.3 Coupons generated by 3X4 are created at 3X4’s sole discretion and can be cancelled, amended or refused.

7.4 Terms and conditions apply to each coupon generated.

7.5 Only one coupon can be used per order.

7.6 A coupon can only be used by you once.

7.7 A coupon cannot be applied retrospectively to a previous order for which payment has already been received.

8. Deliveries

8.1 You must provide a physical delivery address for your Kit delivery. 3X4 does not deliver to PO Boxes.

8.2 3X4 cannot accept responsibility for any loss incurred if your Kit was delivered correctly to the address you confirmed.

8.3 Proof of delivery is available upon request.

8.4 We recommend you are home for the time of delivery to reduce risk of loss or theft.

9. 3X4 Health App License Grant

9.1 Subject to your compliance with these Terms, 3X4 grants you a non-exclusive, non-transferable, revocable license to use the App on your device solely for your personal, non-commercial use.

9.2 To use certain features of the App, you may be required to create a User Account. You are responsible for maintaining the confidentiality of your User Account credentials and are liable for any activity conducted under your User Account.

9.3 Your use of the App is subject to the applicable Privacy Policy

9.4 3X4 may provide updates, modifications, or support for the App at its discretion.

9.5 3X4 reserves the right to terminate these Terms of Service at any time without notice if you fail to comply with its terms. Upon termination, you must cease all use of the App and uninstall it from your device.

10. 3X4 Genetics SMS/Text Messaging Services

10.1 By consenting to 3X4’s SMS services, you agree to receive recurring text messages from and on behalf of the relevant Brand through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list.

10.2 Text messages may be sent using an automatic telephone dialing system or other technology. SMS service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.).

10.3 Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

10.4 You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with 3X4. Your participation in this program is completely voluntary.

10.5 We do not charge for the SMS service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to text messages, including charges from your wireless provider.

10.6 You may opt-out of the SMS service at any time, free of charge. Text the single keyword command STOP to +18559292237 (3X4/GENEFIT Sport) or +18339623586 (GENEFIT). You'll receive a one-time opt-out confirmation text message, and you will be removed from our direct marketing database. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other 3X4 mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

10.7 For SMS service support or assistance, email info@3x4genetics.com.

10.8 We may change any short code or telephone number we use to operate the SMS service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

10.9 The wireless carriers supported by the SMS service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

10.10 To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS service, any errors in such information, and/or any action you may or may not take in reliance on the information or SMS service.

11. Genetics Interpretation & Wellness Consultation Services

11.1 Scope of Wellness Services

11.1.1 3X4 may provide or facilitate access to genetics interpretation consultation services (“Wellness Services”), including but not limited to nutritional, lifestyle, fitness, and wellness guidance; interpretation of genetic test results; educational sessions, coaching, and Practitioner-led consultations. In South Africa, a 3X4 Feedback Session is a private, secure 60-minute session with a Certified Practitioner.

11.1.2 These Wellness Services are intended solely for informational and educational purposes.

11.2 No Medical Advice or Clinical Relationship The Wellness Services:

11.2.1 Do not constitute medical advice, diagnosis, or treatment;

11.2.2 Do not establish a physician-patient or healthcare provider-patient relationship between you and 3X4;

11.2.3 Should not be relied upon as a substitute for professional medical advice from a licensed healthcare provider.

11.2.4 Participants are encouraged to consult their own qualified healthcare provider before making health decisions.

11.3 Practitioner Independence

Where Wellness Services are provided by third-party practitioners, partners, or affiliated providers:

11.3.1 Such practitioners operate independently of 3X4;

11.3.2 3X4 does not control or guarantee the quality, accuracy, or outcomes of advice provided;

11.3.3 Any relationship formed with such practitioners is solely between you and the practitioner.

11.4 Participant Responsibility and Assumption of Risk

By participating in Wellness Services, you acknowledge that:

11.4.1 You are responsible for how you interpret and apply any information provided;

11.4.2 Lifestyle, supplement, or nutrition changes may carry risks;

11.4.3 You assume all risks associated with acting on Wellness Services.

11.5 Suitability and Limitations

Wellness Services:

11.5.1 Are not intended for individuals requiring urgent, acute, or complex medical care;

11.5.2 May not account for your full medical history or conditions;

11.5.3 Are based on generalized or semi-personalized insights, including genetic information.

11.6 Emergency Disclaimer

11.6.1 3X4 does not provide emergency services.

11.6.2 If you are experiencing a medical emergency, you must contact emergency services or a qualified healthcare provider immediately.

11.7 Fees, Scheduling, and Cancellations (if applicable)

11.7.1 Wellness Services may be subject to separate fees;

11.7.2 Booking, cancellation, and refund policies may apply and will be communicated at the time of scheduling;

11.73. Missed or late appointments may be non-refundable.

11.8 Recording and Communications

Consultations may be recorded or documented for quality assurance, training, or service delivery purposes, subject to applicable privacy laws and participant consent. In South Africa, recording and processing of consultation data is subject to POPIA, including the consent and special personal information conditions in the South Africa Privacy Policy.

11.9 Integration with Genetic Services

11.9.1 Wellness Services may incorporate genetic insights derived from 3X4 testing; however:

11.9.1.1 Genetic results are probabilistic and not deterministic;

11.9.1.2 Recommendations are advisory and not prescriptive.

12. Partner Platforms/Practitioners: Client-Controlled Data Sharing via Delegated Authorization

12.1 Third Parties.

Where you wish to have a Partner Platform or a Practitioner consult with you regarding your 3X4 Results or any other of your genetic data, the following provisions shall govern the manner in which such data is shared by you with such Partner Platform or Practitioner. It is understood and agreed that 3X4 is providing such data solely to you, and that such data, if shared with such Partner Platform or Practitioner, is solely by your decision and action.

12.2 Client-Initiated Authorization.

All sharing of your individual genetic or health data between 3X4 and any Partner Platform shall be initiated exclusively by you through an OAuth 2.0 authorization flow or equivalent industry-standard delegated authorization mechanism. None of your individual genetic or health data shall be transmitted to, accessed by, or processed on behalf of a Partner Platform without your explicit grant of authorization.

12.3 3X4 Is not an Intermediary.

3X4 shall not share, transmit, or otherwise make available your genetic or health data to any Partner Platform. Where a Partner Platform requires access to your data, such access shall be obtained directly from you via the authorization mechanism described in Section 12.2. 3X4 shall not act as an intermediary in the transmission of your data to Partner Platforms.

12.4 Practitioner-Level Access.

Notwithstanding Section 12.2 and 12.3, where you have provided explicit, informed consent for a registered Practitioner to access your individual data, such Practitioner may be granted access to your data through a separate Practitioner OAuth authorization flow, subject to the following conditions:

12.4.1 Consent.

You must have provided explicit, documented consent specifically authorizing the named Practitioner to access your data, prior to any such access being granted;

12.4.2 Scope of Access.

Practitioner access shall be limited strictly to the data categories covered by your consent;

12.4.3 Practitioner Authorization.

Access shall be granted through a dedicated Practitioner OAuth 2.0 flow, distinct from the Platform Partner-level flow described in Section 12.2, and shall be managed and audited by 3X4;

12.4.4 Revocability.

You may revoke Practitioner access at any time through the 3X4 platform, whereupon access shall be terminated without undue delay; and

12.4.5 No Further Delegation.

A Practitioner granted access under this Section shall not sub-delegate, share, or otherwise transfer access to any other party, including any Partner Platform, without your further, independent authorization grant.

12.5 Scope of Authorization.

Each authorization grant (whether Platform Partner-level or Practitioner-level) shall be: (a) specific to the requesting Partner Platform or Practitioner; (b) limited to the data categories explicitly consented to by you; (c) revocable by you at any time through the 3X4 platform or applicable revocation endpoint; and (d) logged in 3X4's audit trail for the duration of the authorization period.

12.6 Partner Platform Obligations.

Any Partner Platform receiving your data pursuant to an authorization grant shall:

(a) use such data solely for the purposes authorized by you; (b) not sub-license, sell, or re-share your data to any third party without your separate, explicit authorization; and (c) implement access controls sufficient to ensure that only the authorized data categories are accessed.

12.7 Aggregated and De-identified Data.

Nothing in this Section 12 shall prevent 3X4 from sharing de-identified, aggregated data to the extent permitted by applicable law, provided that there is no reasonable possibility that such data can be used to re-identify you.

13. Intellectual Property Rights; Confidentiality

13.1 You hereby irrevocably assign to 3X4, for no additional consideration, your entire right, title, and interest throughout the world in and to all results of the services performed under these Terms of Service and all other writings, technology, inventions, discoveries, processes, techniques, methods, ideas, concepts, research, proposals, and materials, and all other work product of any nature whatsoever, that are created, prepared, produced, authored, edited, modified, conceived, or reduced to practice in the course of performing such services (collectively, "Work Product"), and all patents, copyrights, trademarks (together with the goodwill symbolized thereby), trade secrets, know-how, and other confidential or proprietary information, and other intellectual property rights (collectively "Intellectual Property Rights") therein, including the right to sue for past, present, and future infringement, misappropriation, or dilution thereof.

13.2 To the extent any copyrights are assigned under Section 13.1, you irrevocably waive in favor of 3X4, to the extent permitted by applicable law, any and all claims you may now or hereafter have in any jurisdiction to all rights of paternity or attribution, integrity, disclosure, and withdrawal and any other rights that may be known as "moral rights" in relation to all Work Product to which the assigned copyrights apply.

13.3 3X4 owns Intellectual Property Rights in and to the 3X4 Services, including without limitation GENEFIT Services, GENEFIT Content, GENEFIT Property, GENEFIT Products, GENEFIT Test, GENEFIT Genetic Test, GENEFIT Nutrigenomic Test, GENEFIT Nutrigenetic Test, GENEFIT Report, GENEFIT Results, GENEFIT Genetic Data, 3X4 Services, 3X4 Content , 3X4 Property, 3X4 Products, 3X4 Test, 3X4 Genetic Test, 3X4Nutrigenomic Test, 3X4 Blueprint, 3X4 Report, 3X4 Nutrigenomic Report, 3X4 Results, and 3X4 Genetic Data.

In addition, 3X4 owns its websites, servers, trademarks, service marks, trade names, logos, domain names, taglines, and trade dress (collectively, the “3X4 Genetics Marks”). You understand that such Intellectual Property Rights are separate from any rights you may have in User Content you upload or submit to the 3X4 Services. You acknowledge and agree that 3X4 and its licensors own all right, title, and interest in and to the 3X4 Services, including all Intellectual Property Rights therein, other than with respect to User Content. Except as expressly granted in these Terms of Service, all rights, title, and interest in and to the 3X4 Services, except all User Content, and in and to the 3X4 Genetics Marks are reserved by 3X4. Copyright, trademark and other laws of the United States and foreign countries protect the 3X4 Services and the 3X4 Genetics Marks.

13.4 You may provide suggestions, ideas and/or feedback about the 3X4 Services (collectively, “Feedback”) to 3X4. You agree that 3X4 will be free to use, irrevocably, in perpetuity and for any purpose, all Feedback provided to it by you and that all right title and interest in Feedback is assigned to 3X4 without compensation owed to you. The foregoing grant of rights is made without any duty to account to you for the use of such Feedback.

13.5 Your submissions to the Website (including to the extent applicable personally identifiable information) are made voluntarily. 3X4 does not claim ownership of your submission(s) or User Content. You are hereby expressly granting 3X4 a nonexclusive, irrevocable, worldwide, perpetual, royalty free license (including sublicense), consisting with the applicable Privacy Policy, to use, copy, modify (including create derivative works) or transmit your submission, in connection with the Website and the 3X4 business, in any media formats and through any media channels now known or hereafter developed. 3X4 will not pay you for your submission. For each submission, you represent and warrant that you have all rights necessary for you to post or submit the submission and to grant the licenses and permissions in this section and that you are solely responsible for the content of your submission. 3X4 reserves the right to review and monitor submissions but is under no obligation to do so. In addition, 3X4 is not responsible for screening, monitoring, or editing submissions. 3X4 will not monitor or administer any User Content posted on any 3×4 administered social media.

13.6 Confidentiality

13.6.1 You acknowledge that you may have access to information that is treated as confidential and proprietary by 3X4 (collectively, the "Confidential Information"). Any Confidential Information that you access or develop in connection with the 3X4 Services shall be subject to the terms and conditions of this Section. You agree to treat all Confidential Information as strictly confidential, not to disclose Confidential Information or permit it to be disclosed, in whole or part, to any third party without the prior written consent of 3X4 in each instance, and not to use any Confidential Information for any purpose except as required in the performance of 3X4 Services. You shall notify 3X4 immediately in the event you become aware of any loss or disclosure of any Confidential Information.

13.6.2 Confidential Information shall not include information that (a) is or becomes generally available to the public other than through your breach of these Terms of Service; or (b) is communicated to you by a third party that had no confidentiality obligations with respect to such information.

13.6.3 Nothing in these Terms of Service shall be construed to prevent disclosure of Confidential Information as may be required by applicable law or regulation, or pursuant to the valid order of a court of competent jurisdiction or an authorized government agency, provided that the disclosure does not exceed the extent of disclosure required by such law, regulation, or order. You agree to provide written notice of any such order to an authorized officer of 3X4 sufficiently in advance of making any disclosure to permit 3X4 to contest the order or seek confidentiality protections, as determined in 3X4’s sole discretion.

14. Legal Particulars, Governing Law and Jurisdiction

14.1 3X4’s information is as follows and should be considered in tandem with our Terms of Service:

14.2 Full names, details and legal status CIPHER GENETICS, INC., a private company registered in Delaware, Employer Identification Number 84-3194869.

14.2.1 Corporate address: 3120 139th Avenue Southeast, Suite 500, Bellevue, WA 98005

14.2.2 Telephone number: +1 (425) 818-5333

14.2.3 Website address: 3X4genetics.com, kit.3x4.io, and genefit,pro.

14.2.4 Email address: info@3X4genetics.com

14.3 All formal notices and legal processes referring to these Terms of Service are to be serviced at address 3120 139th Avenue Southeast, Suite 500, Bellevue, WA 98005. This address may be updated by 3X4 by being updated in these Terms of Service.

14.4 Neither 3X4 nor its laboratory partners, affiliates, or Third-Party Suppliers shall be held liable or responsible for any delay, failure to perform, loss of samples, or inability to deliver test results due to any cause beyond its reasonable control. Such causes (each a "Force Majeure Event") include, but are not limited to: acts of God, earthquakes, fires, floods, severe weather, or other natural disasters; pandemics, epidemics, or public health emergencies; wars, acts of terrorism, civil unrest, riots, or strikes; government orders, restrictions, regulatory changes, or export/import bans; and hardware malfunctions, critical power failures, internet outages, cyberattacks, or third-party supply chain breakdowns. Upon the occurrence of a Force Majeure Event, 3X4’s obligations under these Terms of Service shall be suspended for the duration of the event. 3X4 will make reasonable efforts to mitigate the impact of the disruption, but shall not be required to issue refunds for Sample delays or degradation caused directly by a Force Majeure Event.

14.5 The governing law of these Terms of Service is the law of the State of Washington in the United States of America, except if you are a resident of South Africa, the governing law is the law of South Africa. Except for South African residents, you agree that any dispute other than a claim for injunctive relief will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules and the seat of arbitration shall be in Seattle, Washington.

14.6 Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this dispute-resolution section is found illegal or unenforceable, it will be severed and the remainder will remain in effect.

14.7 Any formal notices must be in English, and delivered by hand, or by email. Notices sent by hand will be considered as received on the date of delivery. Notices sent by email must include a “read receipt” function as emails will be considered as received on the date indicated on a “read receipt”.

Please reach out at info@3X4genetics.com if you have any questions about these Terms of Service.