Terms of service (TOS)

updated on the 23rd of August 2020

SOMOS welcomes you to our platforms and we would be very happy if you join this great Latino movement.

By using the SOMOS web pages, platforms, mobile applications or any additional service or product, you agree to the following Terms & Conditions, describe as “Terms” from now on.
We kindly ask you to carefully read this document before using any of the services which are incorporated herein by reference.

Definitions
1.- “SOMOS” refers to Somos Inc, with legal address in 5758 Geary Blvd #134, San Francisco, CA 94121.

2.- “Services” refers to any type of analysis performed by SOMOS through the individual data of each participant, which can include but not limited to websites, products, software, services, mobile and web platforms (including but not limited to text, graphics, images, and other material and information available physical, printed or digital)

3.- ”Individual information” Information that identifies a specific person, alone or in combination with other types of information. The data which is collected through our website and/or our offices and/or our branches and which can include, but not limited to: registration information, genetic or any other biological-digital information, health record data, self reported information, de-identified - ciphered - encrypted information, user or profile content, digital tracking/web behavior information, social media information, wearable readings.

A.“Genetic Information” Genetic information obtained from a genetic profile that has been stripped of your personal information/personal data (name and contact information), without being possible to identify it reasonably as an individual. Your data will be ciphered, encrypted and stored in individual vaults (only you will have the ability to make decision over your data)

B. “SENSITIVE PERSONAL DATA”

  • Clinical/health data

  • Biological-digital data (genotype, whole genome, exome, other “omic” data such as but not limited to clinomics, phenomics, exposomics, physiomics, metabolomics, radiomics, metagenomics, microbiome, sociomics, etc)

  • Health status

  • Current weight

  • Height

  • similar health related data

C. “PERSONAL Registration information”

  • User full name

  • Age

  • Date of birth

  • Gender

  • Phone

  • Email

  • Address

  • Anthropometrics

D. “Self reported information” considers all information that the users share with SOMOS through their platforms, collaborators or any third party. This information can include disease conditions, health record information, surveys gamified services/surveys, family history, family clinical data, ethnicity, personal traits, forms.

4. Important considerations when you use SOMOS services

  • You should be aware that you maintain ownership and governance of all your personal/individual data according to our Privacy Statement and you always have a right to revoque data usage anytime, unless de-identified information has been published (eg.: research/scientific publications)

  • You agree to collaborate with SOMOS for data usage through information access licensing always under our Privacy Statement.

  • By using SOMOS services, you may discover unexpected traits, associations or facts, about yourself or your family that you, neither SOMOS have the ability to change.

  • SOMOS does not provide any medical diagnosis through our services and/or products.

  • New products and/or services can be developed/enhanced through your de-identified individual data usage as referenced in our Privacy Statement.

5. Acceptance of Terms
These TOS are subject to the terms of the legal agreement between you and Somos Inc. The use of the services apply , but no limited to
a) DNA services
b) submitting a saliva sample
c) creation of a digital “you” based on your individual data
d) uploading digital versions of your genetic/health related data
e) creating a personal user on SOMOS platforms
f) digitalization of biological samples (digital bio-repositories), their derivatives & any resultant of their processing
g) bio banking and biological sample storage, in any case the samples received in our headquarters can not be sent back to the user
h) extract your DNA from your biological sample
i) creation of a personal vault/wallet for data governance & ownership
j) perform genetic testing to your DNA
k) use your individual data according to our Privacy Statement

If any type of personal/individual data is downloaded from SOMOS platforms, we can not ensure its safety.

6. Eligibility to use the services
You must be at least 18 years old to purchase and activate a service through SOMOS that includes biological sampling. Each adult that submits a biological sample, must create their own account in the SOMOS platform and register their sample kit through our registration process.
Children under the age of 13 are not permitted to use any of the services describe in the TOS and provided by SOMOS.


7. Description of the Services
The services under SOMOS TOS include web platform registration, access to our software as a service functionality which might include website, app and proprietary software, genotyping services, personalized product development. You acknowledge that user services are provided “AS-IS” and according to the most recent and available advances in use by SOMOS at the time of purchase.
You understand that advances in the medical/technological/digital/research-scientifical fields evolve in real time and dynamically, and that our services improve constantly and SOMOS may stop (temporarily/permanently) the services provided (or any features within the services/products) without prior notice to their users and to SOMOS´s sole discretion.
In order to register or use SOMOS services, you must have access to internet connection directly or indirectly and you have to cover any expenses related to such a service. In order to access the SOMOS services, additional equipment/hardware might be needed for the user and your are the sole responsible for such equipment acquisition. SOMOS does not provide storage services and we don’t have fixed capabilities for such conditions, in the event that additional storage is needed, you might be notified and asked if you want to expand such storage service.

8. SOMOS proprietary rights
You and any user, acknowledge and agree that Somos Inc. owns any legal right, interest and title; including any type of intelectual property included in and to the Services provided, platforms, websites, apps or products (included but not limited to patents, copyright, registrations) wether those services, products or rights happen to be registered or not.
The technological platform and all of the intellectual property linked to it, as well as images, algorithms, text, descriptions, databases, administrative services, wording and any other related resource is completely owned by SOMOS, this obliges any user to:
- Not to copy, decompile, or change any element or component related to the platform.
- Not to share with any third party, at any way, moment or case, any component, data or information related to the platform
- Not to apply any hacking, cracking, social or reverse engineering techniques or methods such as but not limited to
1) decompilation
2) any type of disassembly of any part, structure, dataflow, diagrams or information related to the platform
3) phishing and spear phishing
4) spoofing
5) decryption methods such as brute force, rainbow tables, hash analysis, offline cracking, shoulder surfing, password attack based on weak password, dictionary or guesses, birthday attack
6) any type or form of non-solicited audit, crawling, eavesdropping, packet analysis or spidering from any part or source related to the platform architecture
7) to exploit or take advantage of any passive or active attack vector such as but no limited to any kind of virus, malware, macro viruses, file infectors, system or boot-record infectors, polymorphic viruses, stealth viruses, trojans, logic bombs, worms, droppers, exploit, zero-day, rootkit, RTA, spyware, ransomware, adware, man in the middle attack, domain high jacking, DDOS, SQL injections, cross-site scripting, session high jacking, man in the middle attacks, typo-squatting, physical or digital theft, byzantine fault attack, solicited pen testing.
- Notify SOMOS of any situation that can cause risk or damage to their proprietary platform.
- Not to use or misuse any type of user, private or collective data related to the platform.

9. Disclaimer
SOMOS looks to offer the best services/products possible and available for its users, even though there are things that we can not promise or control.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (A) THE SERVICES PROVIDED BY SOMOS ARE ON AN "AS IS" BASIS. YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
(B) SOMOS MAKES NO WARRANTY THAT
(a) THE SERVICES WILL MEET YOUR REQUIREMENTS;
(b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE OR VULNERABLE, OR ERROR-FREE;
(c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
(d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND
(e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(3) SOMOS WILL NOT BE RESPONSIBLE OF ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOMOS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
(5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. SOMOS DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, SOMOS SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.

10. Limit of Liability
SOMOS LIMITS ITS LIABILITY WITHIN THE LIMITS ALLOWED BY ANY APPLICABLE LAWS FOR ANY UNINTENTIONAL DAMAGE, ANY ACTUAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR FOR ANY LOSS OR CLAIM OF ANY KIND, ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SOMOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); RESULTING FROM BUT NOT LIMITED TO: (a)THE INABILITY TO USE  OR THE USE OF THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SERVICES/PRODUCTS, (c) ANY PASSWORD OR ACCOUNT VULNERABILITY DERIVED FROM YOUR FAILURE TO KEEP THEM SECURE AND CONFIDENTIAL, (d) 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; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.

11. Changes to the Terms of Service
SOMOS may take any decision on necessary changes to the TOS from time to time. If there are any modifications to the TOS or Privacy Statements, SOMOS will make a copy available on the website/platform and you will have access and notification of such changes within 45 days after being posted. In case you do not agree with the new TOS, you have 30 days to notify SOMOS, otherwise you will be deemed to have agreed to the new TOS. You agree that if you use your account after the posted date of new TOS notification, SOMOS will take your account use as an acceptance of the new TOS.

11.1. Reimbursements
Our digital services can not be reimbursed. Digital services use different technologies to be displayed, for this reason users can only revoque the use of their data but not ask for any type of reimbursement. Physical DNA Kits shipped to the customers, will only have a maximum of 45 days (from the time the order has been placed) or 30 days (from the time the user receives the Kit) to be returned to our laboratory (confirmation by delivery service status or time of order placement). Kits sent after this time window, will need to be consulted with SOMOS, but reimbursements can NOT be considered after this period of time. If a DNA sample is overfilled, our lab will not be able to run it. In this case, the user will need to be charged for an extra DNA Kit and shipping costs. The service can not be fully reimbursed after a DNA kit has been sent to our lab.

12. Applicable Law
If you access the Services on our websites/platforms/apps in the United States, the laws of the State of Delaware, California and as applicable, those of the United States of America, govern these Terms and the use of the Services. All claims not subject to arbitration and brought in the United States will be subject to the jurisdiction of the courts of the State of California. If you access the Services on our websites anywhere other than in the United States, the laws of México govern these Terms.