23andMe · 23andMe Terms of Service · View original document ↗

Failed Sample Processing Refund Limitation

Medium severity Medium confidence Explicitdocumentlanguage Unique · 0 of 325 platforms
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Document Record

What it is

If your sample fails processing twice, you can get a refund minus shipping and handling, but only if you agree never to resubmit through a new purchase. Known data errors that occur even in successful processing are explicitly excluded from any refund entitlement.

This analysis describes what 23andMe's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The refund offered after two failed processing attempts is conditional on you giving up your right to ever resubmit a sample, and separately, no refund is available for known data quality errors even when they affect your results. These are meaningful limits on your consumer remedies.

Interpretive note: The enforceability of the condition requiring users to never resubmit as a prerequisite for a refund, and the exclusion of refunds for known data errors, may be limited by statutory consumer protection rights in multiple served jurisdictions.

Recent Activity

This document changed recently

Medium May 5, 2026

The updated Terms now apply only to users who live outside the United States, Canada, EEA, UK, and Switzerland, or who access the Services from outside those regions. US, Canadian, EEA, UK, and Swiss…

High Apr 19, 2026

The updated Terms of Service now apply exclusively to users in the United States, narrowing the geographic scope from the prior version that addressed users in multiple regions. The terms now contain…

Medium Mar 23, 2026

The updated terms now apply only to users who live outside or access services outside the United States, Canada, EEA, UK, and Switzerland. Previously, the terms applied to US-based users. The terms a…

Consumer impact (what this means for users)

If your saliva sample cannot be processed after two attempts, you receive a refund minus shipping but must agree to never purchase the service again. Additionally, if your results contain known data errors, the terms state you are not entitled to any refund for those errors, which may conflict with consumer protection rights in some jurisdictions.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Dispute a Fee
    If your sample has failed processing twice, visit the 23andMe Return and Refund Policy page and contact Customer Care to request your refund before making any further purchases. Do not resubmit a sample through a new purchase before claiming your refund, as the terms state this forfeits your refund eligibility.

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Anyone attempting to violate our Community Guidelines using the Editor will face suspension or banning without refund. Use this tool with respect and consideration for others.

Coursera Medium

You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such tax...

Unreal Engine Medium

Except as stated in Section 6(b), only Users (as defined in Section 9(c)) who have been assigned a Seat may access the Licensed Technology for the purpose of developing a Royalty-Free Product. 'Seat' means the right granted to you by Epic to allow one User to access and use the Licensed Technology o...

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▸ View Original Clause Language DOCUMENT RECORD
"
If the second attempt to process the sample is unsuccessful, (up to 0.65% of all samples fail the second attempt at testing according to 23andMe data obtained in 2019 for all genotype testing),* 23andMe will not send additional sample collection kits and the user will be entitled solely and exclusively to a complete refund of the amount paid to 23andMe, less shipping and handling, provided the user shall not resubmit another sample through a future purchase of the Service. Note: If the user breaches this policy agreement and resubmits another sample through a future purchase of the Service and processing is not successful, 23andMe will not offer to reprocess the sample or provide the user a refund. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect (referred to as 'Errors'). As this possibility is known in advance, users are not entitled to refunds where these Errors occur.

— Excerpt from 23andMe's 23andMe Terms of Service

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

(1) REGULATORY LANDSCAPE: This refund limitation provision engages consumer protection and distance selling frameworks in each served jurisdiction. In Australia, the Australian Consumer Law provides statutory guarantees for services that cannot be excluded by contract, including that services must be fit for purpose and delivered with due care and skill. Similar protections exist in New Zealand, Singapore, and many European countries served by this international version. The condition that a refund is contingent on the user forgoing future service purchases may be evaluated as an unfair contract term under applicable consumer law. (2) GOVERNANCE EXPOSURE: Medium. The clause that excludes refunds for known data errors ('As this possibility is known in advance, users are not entitled to refunds where these Errors occur') is operationally unusual. Pre-disclosing a known failure mode and using that disclosure to defeat a refund claim is a risk management approach whose enforceability under consumer protection law is uncertain and may vary significantly by jurisdiction. (3) JURISDICTION FLAGS: Australia, New Zealand, and UK consumers (though UK has a separate ToS version, the international version may be accessed by UK-adjacent jurisdictions) have statutory rights that may override contractual refund limitations. The condition requiring the user to never resubmit a sample as a prerequisite for receiving a refund may constitute an unfair contract term under national consumer law in several served markets. (4) CONTRACT AND VENDOR IMPLICATIONS: The refund policy references 23andMe data from 2019 to characterize failure rates, which may not reflect current laboratory performance. Compliance teams should assess whether this dated data point creates any disclosure adequacy concern under applicable law. (5) COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the refund limitation and the error exclusion clause comply with statutory consumer guarantees in each jurisdiction where the international service is sold. The requirement that users forfeit the right to future purchase as a condition of receiving a refund should be reviewed under unfair contract term frameworks in Australia, Singapore, and other served markets.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • State AG
    State and national consumer protection agencies in served jurisdictions have authority over unfair contract terms and refund limitation clauses in consumer service agreements, which this provision may engage.
    File a complaint →

Provision details

Document information
Document
23andMe Terms of Service
Entity
23andMe
Document last updated
May 5, 2026
Tracking information
First tracked
May 9, 2026
Last verified
May 9, 2026
Record ID
CA-P-007403
Document ID
CA-D-00147
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
b70f3e6c5981582ff73b50d36ff70d7261796be2cd43a111b581991c2f7af73e
Analysis generated
May 9, 2026 18:23 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: 23andMe
Document: 23andMe Terms of Service
Record ID: CA-P-007403
Captured: 2026-05-09 18:23:26 UTC
SHA-256: b70f3e6c5981582f…
URL: https://conductatlas.com/platform/23andme/23andme-terms-of-service/failed-sample-processing-refund-limitation/
Accessed: May 13, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does 23andMe's Failed Sample Processing Refund Limitation clause do?

The refund offered after two failed processing attempts is conditional on you giving up your right to ever resubmit a sample, and separately, no refund is available for known data quality errors even when they affect your results. These are meaningful limits on your consumer remedies.

How does this clause affect you?

If your saliva sample cannot be processed after two attempts, you receive a refund minus shipping but must agree to never purchase the service again. Additionally, if your results contain known data errors, the terms state you are not entitled to any refund for those errors, which may conflict with consumer protection rights in some jurisdictions.

Is ConductAtlas affiliated with 23andMe?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by 23andMe.