Terms of Service

1. Application of Terms of Use

The GeneAccount Service (hereinafter referred to as the “Service”) is a service offered by Abomics Oy (hereinafter referred to as the “Service Provider”). The use of the Service requires that the customer who purchases the service (hereinafter referred to as the “Customer”) accepts these terms of contract (hereinafter referred to as the “Terms of Use”) and commits to abiding by the terms of contract. The Customer must read the Terms of Use and accept them prior to using the Service. The Terms of Use are applied to all Services. The Terms of Use are also applied to the GeneAccount cloud service produced by the Service Provider (hereinafter referred to as the “Cloud Service”), which is provided to the Customer as part of the Service.

2. Acceptance of Terms of Use

The Customer accepts the Terms of Use upon ordering the Service and/or registering for the Service. The acceptance of the Terms of Use is always verified in connection with the ordering and registering of a new Service with a separate acceptance of Terms of Use. A person using the Service on behalf of the Customer, specified in sections 4 and/or 5, undertakes to abide by the Terms of Use. A person using the Service is always responsible for the use of the Service in accordance with these Terms of Use. The Customer must provide immediate notification if the Customer suspects that his or her Service is used in violation of these Terms of Use.

3. Content of the Service

The Service includes the laboratory service, laboratory result interpretation service and updating and storing the Customer’s results in a cloud service for three years free-of-charge, offered by a laboratory specified by the Service Provider needed for the isolation of DNA (hereinafter referred to as the “Partner”). To enable the Service, the Service also includes cellular sampling tools consisting of two cellular sampling devices approved for medical use, sampling instructions and a mailing bag for sending the cellular sample to the laboratory. The Service also includes transportation subject to a fee according to the price list. The Service Provider updates the statements and instructions produced in the Service as part of the maintenance of the Customer’s genetic data. The Customer will be informed in the event of changed results because of new information.

4. Purpose, Procurement and Use of the Service

The Service is intended for determining the Customer’s pharmacogenetic characteristics, updating pharmacogenetic information and reviewing the results of the test results. The Service can be procured independently by any legally competent person. The Customer may obtain the service directly from the Service Provider or from a Reseller authorised by the Service Provider (hereinafter referred to as the “Retailer”). Use of the Service by a minor or other legally incompetent person is addressed in section 5 of the Terms of Use. The Service is entirely personal, excluding the right of an authorised person to view information in the Service, set forth in sections 4 and 5.

Only the Customer himself or herself has the right to use his or her account in the Service. Use of the service by minors and other legally incompetent persons constitutes an exception to this, addressed in more detail in section 5 of the Terms of Use. Furthermore, an account may be used on behalf of the Customer by a person with the right set forth in section 5 of the Terms of Use to use the Customer account of a minor or legally incompetent person. The Customer may also authorise in writing a legally competent person to use his or her account. The Customer has the right to revoke the authorisation at any time, for any reason. The Terms of Use apply, where applicable, also to a person authorised by the Customer who takes actions in the Service on behalf of the Customer and uses the Customer’s account.

The Service is not intended as a replacement of the medical service provided by healthcare professionals. The Service will produce information that may be used in guiding the Customer’s treatment. The Service Provider is not responsible for the Customer’s treatment and will not, outside of the statements, comment on the treatment of the Customer.

The Customer or a person acting on behalf of the Customer must register the Service according to the instructions and materials provided by the Service Provider. The instructions and materials required for the registration will be provided to the Customer by the Service Provider. The instructions are available online on the registration page. The Customer will be requested to provide personal details for the Service. The Customer or a person authorised by the Customer is responsible for the accuracy of the information provided to the Service Provider for the provision of the Service. The processing of personal data is addressed in section 7 of the Terms of Use.

Instructions accompanying the sampling device must be followed when taking the sample and sending it. The Service Provider does not guarantee the operation of the Service if the sample is not taken according to the instructions. If a test to be made in a laboratory fails, the Service Provider will contact the Customer and, on a case-by-case basis, the Customer may be provided with a new sampling opportunity. The sample and the sample registration data must be provided for the same person.

When the cellular sample has been delivered to the Service Provider or Partner, the Service Provider and Partner will produce, as the core content of the Service, a pharmacogenetic statement from the cellular sample, submitted to the Customer’s account in the secure Cloud Service.

5. Underage Customers and Use on Behalf of a Minor

Procuring of the Service by or for a minor requires the consent of the guardian or other legal representative of the User. The guardian or legal representative of an underage User may register in the Service on behalf of the User. A person registering on behalf of the User is bound by the Terms of Use, where applicable.

A guardian or other legal representative using the Service on behalf of a minor is responsible for the use of the Customer’s account in accordance with the Terms of Use. A guardian or other legal representative is responsible for the statutory right to obtain information of both parents being fulfilled.

When an underage Customer reaches the age of legal competence, the Customer will be notified that he or she has the right to prevent persons who previously had the right to use his or her account to use the account. If an underage Customer becomes legally competent for a reason other than age, he or she may forbid the use by providing the Service Provider with a certificate of legal competence.

6. Fees and Payments

The Customer bears full liability for the expenses incurred by the Customer from the use of the service. The price of the Service is determined according to the pricing of the Service Provider or Retailer. The price may be amended by the Service Provider either temporarily or permanently. The use of the Cloud Service may be continued after the period of three years for a separate annual maintenance fee. Valid means of payment are those specifically communicated by the Service Provider and Retailers. The price of the maintenance service to be obtained after the period of three years is determined according to the Service Provider’s pricing. The Customer will be contacted before the expiry of the maintenance service for the data or the Cloud Service, and the Customer may terminate the agreement if they wish. The subscription to the maintenance service and the Cloud Service will continue automatically if the Customer does not terminate the Service.

7. Use of Personal, Genetic and Other Data

The principles and policies of personal data processing are described in more detail in the data protection description attached to these terms and are always available on the GeneAccount website.

The Customer has unlimited rights to his or her own personal data, genetic data, usage data produced in the Service and other Customer data that the Service Provider has on file. All Customer-related data are processed in accordance with the laws and regulations applicable in Finland.

Collection and Creation of Data

The Customer is responsible for the accuracy of the data provided by the Customer. If the Customer detects incorrect information in the Service, the Customer must notify the Service Provider or, if possible, amend the data himself or herself.

For the provision of the Service, the Customer’s name, telephone number, address and e-mail address are collected. In addition, the Customer is asked for the ID number of the Customer’s sample and the sampling date.

New data concerning the Customer will be produced by the use of the Service. The primary data form is the genetic information. The use of the Service requires making the genetic data available to the Service Provider for the duration of the service agreement between the Customer and the Service Provider. Genetic data are processed as the Customer’s personal data, and hardened protection measures are employed to protect them. Genetic data are transferred and processed only over secure connections and using secure servers.

Storage of Data

GeneAccount is a customer register of Abomics Oy, used for storing information necessary for the use of the Service. The Service Provider processes the personal data in accordance with the Personal Data Act (523/1999), the Patient Act and other legislation. The Service Provider is responsible for the implementation of information security when storing and processing the Customer’s personal data. The data are used only for the provision of the Service. All data collected of the Customer are stored in secure servers located in the European Union and will not be transferred outside of the European Union. The data are not disclosed to anyone without the Customer’s consent or request. Genetic data may only be stored in secured platforms.

GeneAccount’s data protection description is always attached to these Terms of Use or linked in an electronic format. The electronic data protection description is the master copy of the data protection description. The up-to-date electronic version of the data protection description is always available in the Cloud Service. By accepting these Terms of Use, the Customer accepts the processing of the information as specified and for the purposes listed in the data protection description.

Use of the Data

The personal data provided by the Customer to the Service Provider are only used for providing the Service. The Customer’s data are processed in accordance with personal data legislation, patient legislation and other compelling legislation. The Service Provider is responsible for protecting the data in the Service.

The Customer cannot be identified based on the results of the genetic test. No tests other than the determination of specific genes material to pharmacogenetics are performed on the sample provided by the Customer. The Customer’s genetic information is processed only in protected environments.

Sharing of Data

Only secured connections are used for transferring genetic data. The Customer’s data are not disclosed to third parties unless necessary for the provision of the Service. The data provided by the Customer to the Service or other material collected in the Service are not disclosed to third parties. In case of an underage Customer, parents with a lawful or court-issued right to view the health data of the minor have the right to view also the health data in the Service.

Rights of the Customer

The Customer can view all personal data held by the Service Provider regarding the Customer in the Cloud Service. The Customer can make a written request to the Service Provider to provide all data the Service Provider has regarding the Customer, whereby the Service provider will provide the Customer with the data within a reasonable time. The Customer has the right to have data held by the Service Provider, regarding the Customer, transferred to third parties. The Customer has the right to modify or ask the Service Provider to modify his or her data. However, the modification of data does not apply to data based on genetics research, produced in the Service, unless demonstrable medical grounds exist. The Customer has the right to revoke the Service Provider’s right to process his or her data. The revocation of the permission will be interpreted as a decision to cease the use of the Service, whereby the customer relationship will be terminated as set forth in the Terms of Use. The Customer has the right to receive information from the Service Provider regarding data breaches applicable to the Customer’s data within 72 hours of the incident.

Deletion of Data

At his or her discretion, the Customer may delete his or her data from the Service at any time for any reason. There is a function for deleting the data in the Cloud Service. It deletes all Customer data from the Service. If the Customer wants the Service Provider to delete all information applicable to the Customer, the Customer may request this separately. In this case, the Service Provider is committed to deleting all data it has regarding the Customer, within a reasonable time. The Service Provider may destroy data without notice where such data are not needed for the provision of the Service.

The Service Provider may delete the Customer’s data if the Customer is found to have violated these Terms of Use. In such case, the Customer will be notified and provided reasonable time to make a backup copy of the data.

8. Intellectual Property Rights Concerning the Service

The Service Provider or the Partner retains intellectual property rights to all materials included in the Service with the exception of the Customer’s personal data. The Service Provider owns the intellectual property rights to the appearance of the Service. Copying content subject to intellectual property rights and any commercial use thereof without the consent of the Service Provider is forbidden. Saving and printing content in the Service subject to intellectual property rights for private use is allowed. If content subject to intellectual property rights is quoted in accordance with the Copyright Act (404/1961), the source must be stated.

9. Limitation of Liability and Force Majeure

using the Service. The Service Provider is not responsible for the Customer’s equipment and software. However, no unreasonable resources may be required of the Customer for the use of the Service.

The Service Provider is responsible for the availability of the Cloud Service. The Service Provider does not, however, guarantee uninterrupted availability of the Cloud Service. Any maintenance and update work will be announced separately.

The Partners and Retailers are actors deemed reliable by the Service Provider, and the Service is produced with them. However, the Service Provider is not responsible for errors of the Partners or Retailers or the resultant damage.

The Customer is responsible for the accuracy of the data he or she has disclosed for the Service. The Service Provider is not responsible for the accuracy of the data provided by the Customer nor for any damage resulting from the lack of said accuracy.

Data produced in the Service may be utilised when making decisions related to the Customer’s treatment. The Service is not, however, intended as a replacement for services provided by healthcare professionals. The Service Provider is not responsible for decisions regarding the Customer’s treatment even if they were to be made on the basis of data obtained from the Service.

The Service Provider is not responsible for any loss of data that may be caused by deletion of data because of an interruption of the Service nor for any expenses arising from obtaining the data again.

The Service Provider is not responsible for any damage arising from the non-performance of actions pursuant to the Terms of Use on the basis of a law or other compelling obligation. The Customer or the Customer’s representative is responsible for adhering to these Terms of Use. The Service Provider is not responsible for damage arising from the non-fulfilment of these Terms of Use. The Service Provider is not responsible for damage if the non-fulfilment of an obligation specified in the Terms of Use results from adhering to compelling legislation.

The Service Provider and the Customer are not responsible for damage resulting for reasons beyond the parties’ sphere of influence or caused by unforeseeable reasons. The existence of such a reason must be demonstrable by the party referring to it. Notice regarding a force majeure must be made as quickly as possible after becoming aware of it. The Service Provider’s primary means is online communication and personal contacts.

10. Cancellation and Termination of the Service

The Customer may cancel the Service prior to using it or within 14 days of concluding the service agreement. The cancellation is done by notifying the Service Provider to that effect. The right of cancellation does not apply if the seal of one or both sampling devices has been opened. The right of cancellation does not apply if the Service has been materially rendered or the results have been delivered to the Customer. If the Customer cancels the Service while the Delivery of the order is in progress, any expenses incurred thus far from the provision of the Service may be charged from the Customer.

The Customer may withdraw from the Service at any time and close his or her account in the Cloud Service. If the Customer wishes for the Service Provider to destroy all information it has regarding the Customer at the end of the service relationship, the Customer must notify the Service Provider to that effect in writing. At the Customer’s option, the Customer may remove his or her user account from the Cloud Service by notifying the Service Provider of termination. In this event, the Service Provider will remove the user account and all personal data of the Customer.

The Service Provider may interrupt the service relationship on justifiable grounds. The Service can be interrupted if it causes harm to the Customer, Service Provider or a Partner. The Service can also be interrupted if payments for the use of the Service have not been paid appropriately. All payments fall due at the end of the Service, and no payments made will be refunded.

At the end of the service relationship, the Customer may back up his or her data at his or her option. The Service Provider is not responsible for damage caused by the destruction of data not backed up after the end of the service relationship.

11. Amendments to the Terms of Use

The Service Provider has the right to unilaterally amend the Terms of Use. In connection with a notice of such change, the Service Provider will state the time from which the new Terms of Use are valid. If the Customer does not accept the changed Terms of Use, the Customer may terminate the use of the Service by closing his or her user account, whereby the procedure will be as with the termination of the Service set forth in the Terms of Use.

12. Applicable Law and Jurisdiction

These Terms of Use are governed by Finnish law. Any disputes arising from the Terms of Use are primarily settled through mutual negotiations between the parties. If the dispute cannot be settled through negotiations, it will be processed in the District Court of Southwest Finland (Varsinais-Suomen käräjäoikeus) or, subject to separate agreement, in another district court in Finland.