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
This clause defines the operational and financial boundaries for sample processing failures, establishing that refund eligibility is limited to a single refund minus specified costs, and that users who experience a second processing failure are restricted from future sample submissions under the Service purchase mechanism.
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 →Users who experience a failed second processing attempt are entitled to receive a refund reduced by shipping and handling fees, but are contractually prohibited from submitting another sample through future Service purchases. This provision establishes both the remedy available (refund less costs) and a restriction on future participation in the Service.
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"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.— Excerpt from 23andMe's 23andMe Terms of Service
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This clause defines the operational and financial boundaries for sample processing failures, establishing that refund eligibility is limited to a single refund minus specified costs, and that users who experience a second processing failure are restricted from future sample submissions under the Service purchase mechanism.
Users who experience a failed second processing attempt are entitled to receive a refund reduced by shipping and handling fees, but are contractually prohibited from submitting another sample through future Service purchases. This provision establishes both the remedy available (refund less costs) and a restriction on future participation in the Service.
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