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
The 'solely and exclusively' qualifier eliminates any other remedy — such as additional reprocessing — after two failed attempts, capping the user's recourse at a partial refund.
Interpretive note: The excerpt does not itself state the 'two failed attempts' trigger condition; that context comes from outside the quoted language. The canonical claim incorporates the trigger only because the clause name references it, but the evidence span does not confirm it. The primary proposition — sole and exclusive refund remedy minus shipping and handling, no further kits — is fully grounded in the excerpt.
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 users are directed to region-specific Terms instead. Additionally, when terms for a specific Service conflict with the main Terms, the specific Service terms now govern that portion of your use rather than the main Terms controlling. The mandatory arbitration provision remains in the document but is no longer prominently featured at the very beginning of the Terms.
View change record →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 a prominently featured mandatory arbitration provision that requires disputes to be resolved through individual arbitration on an individual basis rather than through jury trials or class action lawsuits. This means that if a user has a dispute with 23andMe, the updated terms require arbitration as the method of resolution instead of traditional litigation. Additionally, if a user purchases additional services, the main Terms of Service (including the arbitration provision) will control any conflicting terms from those additional services. You can review the complete updated Terms of Service through the link provided in the document.
View change record →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 also clarify that when service-specific terms conflict with the general Terms of Service, the service-specific terms will govern that particular service rather than the general terms controlling all conflicts. This means users of additional services may operate under different dispute resolution and governance procedures depending on which service they are using.
View change record →After two failed processing attempts, you cannot receive additional sample kits; your only remedy is a refund of the amount paid minus shipping and handling.
How other platforms handle this
In the event an Item does not pass the Item Verification, Whatnot shall notify the Buyer and the Seller of Whatnot's conclusion, which results in an automatic cancellation of the Transaction and a refund to the Buyer's Payment Method.
If your reservation via the App is rejected after your request, you'll receive the applicable refund assuming your payment method was actually charged.
For cryptocurrency payments, you will be reimbursed in cryptocurrency but for the euro equivalent of the initial purchase.
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"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— Excerpt from 23andMe's 23andMe Terms of Service
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The 'solely and exclusively' qualifier eliminates any other remedy — such as additional reprocessing — after two failed attempts, capping the user's recourse at a partial refund.
After two failed processing attempts, you cannot receive additional sample kits; your only remedy is a refund of the amount paid minus shipping and handling.
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