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

Failed Sample Processing Refund Limitation

Medium severity Medium confidence Explicit document language Common · 231 of 352 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 provision operationally limits 23andMe's obligation to process samples or issue refunds to a single refund upon second-attempt failure, and conditions that refund on the user's agreement not to resubmit. This structure allocates the financial risk of sample failure and processing errors to the user after the refund threshold is met.

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.

Clause Stability Stable

0
Changes
5
Months Monitored
May 9, 2026
First Seen
May 11, 2026
Last Seen
This clause type exists across 2197 other provisions on other platforms.

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.

How other platforms handle this

Perplexity AI Medium

You also authorize us to retry any failed authorizations. We may use data provided to us by our partners to determine when to schedule such retries.

Tinder Medium

If you do not timely cancel your subscription, your subscription will be renewed at the full price as indicated when the purchase was made, without any additional action by you, and you authorize us to charge your payment method for these amounts.

ActiveCampaign Medium

Any renewal of your AC WhatsApp Service subscription or your WhatsApp Credit Subscription will be at the then current prices listed on, or otherwise accessible via, the ActiveCampaign Pricing page without applying any prior discount.

See all platforms with this clause type →
▸ 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 Terms of Service

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

(1) REGULATORY LANDSCAPE: This refund limitation provision engages consumer protection and distance selling frameworks in each served jurisdiction.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

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/provision/CA-P-007403/failed-sample-processing-refund-limitation/
Accessed: Sept. 8, 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 provision operationally limits 23andMe's obligation to process samples or issue refunds to a single refund upon second-attempt failure, and conditions that refund on the user's agreement not to resubmit. This structure allocates the financial risk of sample failure and processing errors to the user after the refund threshold is met.

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.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 231 platforms. See the full comparison.

Is ConductAtlas affiliated with 23andMe?

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