Terms of Service

Last updated: 30 September 2020

Thank you for using HAPI-DNA. We build this website to help you learn about your genealogy using DNA. To help ensure you and we can make the most out of the tools and information we provide, we have to put in place some Terms of Service.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to HAPI-DNA LLC.

When we say “Services”, we mean any software made available by HAPI-DNA LLC. That includes all software on this website.

We may update these Terms of Service in the future. Whenever we make a significant change to our policies, we will announce it on our blog or via a pop up notice.

When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That’s true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.

If you do not agree with any of these terms, you are prohibited from using or accessing this website.

Disclaimers

Your use of the Services is at your sole risk. We provide these Services “as is” with no warranties expressed or implied. We hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Service or otherwise relating to such materials or on any sites linked to this site.

The website may include technical, typographical, or photographic errors. We do not warrant that any of the materials on the website are accurate, complete, or current. We may make changes to the materials contained on the website at any time without notice. We do not, however, make any commitment to update the materials.

The Company has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked web site is at the user’s own risk.

Minimum Age Requirements

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not use our Services without parental consent.

Security, and Privacy

  1. At present, none of our Services store or transfer genotype data or identity-by-descent (IBD) segment data to our servers. To enable the Services, we have in some cases compiled the Services into WebAssembly code that processes the genotype data and/or IBD segment data only on your computer.
  2. As described in our Privacy Policy, we collect information about usage of the website. You agree that we may process and store your browsing history and other usage information as described in that Policy.
  3. You may, but are not required to, sign up for our mailing list. You can unsubscribe from this list using the link at the bottom of messages you receive from the list. We will not sell your email address or other information connected with our mailing list.
  4. Under the California Consumer Privacy Act (“CCPA”), HAPI-DNA LLC is a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purposes described in these Terms of Service and our Privacy Policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not use HAPI-DNA’s Services in a way that violates the regulations.

Copyright and Content Ownership

  1. The names, look, and feel of the Services are copyright © to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You may not remove any copyright or other proprietary notations from the Services.
  2. You agree not to reproduce, duplicate, copy, sell, resell, transfer, or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
  3. You must not modify another website so as to falsely imply that it is associated with the Services or the Company.
  4. You may not attempt to decompile or reverse engineer any software contained on the website. (Note that open source versions of some of the software packages are available.)
  5. You may post to your own website or to social media the results generated by the Services if you indicate the source of this information by mentioning or otherwise crediting hapi-dna.org.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of researchers and others who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features before releasing them. As with any software, our Services inevitably may have some bugs. We track the bugs reported to us and work through priority ones. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services. If you encounter a bug, contact us.

Governing Law

Except to the extent any applicable law provides otherwise, these terms and any access to or use of our Services will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, personal, incidental, lost profits, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

Indemnification

You agree to indemnify and hold harmless the Company, its contractors, any of its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of these terms.

No Class Actions

You may resolve disputes with us only on an individual basis; you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.

Miscellaneous

If you have a question about any of the Terms of Service, please contact us.

These terms are adapted from: the Basecamp open-source policies / CC BY 4.0, Automattic’s open-source policies / CC BY-SA 4.0, and the DNA Painter Terms and Conditions (with permission).

These terms are released under the CC BY-SA 4.0 license, and you may use them under the terms of that license.