This is 23andMe's Terms of Service for its U.S. DNA testing and genetic information services, covering everything from how your saliva sample is processed to how disputes are resolved. The single most important thing to know is that by using the service you give up your right to sue 23andMe in court or join a class action lawsuit — all disputes must go through private arbitration, but you have 30 days from account creation to opt out of this clause. If you want to keep your right to sue, you must mail a written opt-out notice to 23andMe Legal, 870 Market Street, Room 415, San Francisco, CA 94102 within 30 days of first creating your account.
This Terms of Service governs U.S. users' access to 23andMe Research Institute's genetic testing products, services, software, and website, establishing a binding contractual relationship under California law with dispute resolution via JAMS arbitration. The most significant obligations include users' agreement to mandatory individual arbitration with a 30-day opt-out window, a class action waiver, and 23andMe's right to modify terms with continued-use acceptance constituting consent. Notable deviations from industry standard include an explicit prohibition on use by insurance companies and employers, a restriction on forensic genealogy use, a broad perpetual license grant to user-generated content, and a no-refund policy for partially used services with a narrow carve-out for failed sample processing. The document engages GINA (Genetic Information Nondiscrimination Act), CCPA/CPRA (Cal. Civ. Code §1798.100 et seq.), FTC Act Section 5, and potentially HIPAA-adjacent frameworks given the sensitivity of genetic health data, though 23andMe explicitly disclaims medical device or HIPAA-covered-entity status. Material compliance considerations include the company's bankruptcy proceedings (referenced in the document), which create heightened risk regarding data asset transfer, and the adequacy of consent mechanisms for secondary research use of genetic data.
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Cross-platform context
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