23andMe can change the rules of the agreement at any time, and if you keep using the service after being notified, you are treated as having agreed to the new rules.
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 means users are bound by updated terms simply by continuing to use the service, which may include changes to arbitration, data use, or liability provisions without requiring affirmative re-consent.
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…
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…
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…
If 23andMe updates its Terms in ways that affect arbitration rights, data handling, or liability, continued use of the service following notification constitutes acceptance of those changes, even if the user did not actively review or affirmatively agree to the revised terms.
Cross-platform context
See how other platforms handle Terms Modification with Continued Use as Acceptance and similar clauses.
Compare across platforms →Monitoring
23andMe has changed this document before.
Receive same-day alerts, structured change summaries, and monitoring for up to 10 platforms.
"23andMe may make changes to the Terms at any time. If we make a material change to the Terms, we will notify you, such as by posting a notice on our website or sending a message to the email address associated with your account. By continuing to access or use the Services, you agree to be bound by the revised Terms.— Excerpt from 23andMe's 23andMe Terms of Service
REGULATORY LANDSCAPE: The use of continued service access as implied acceptance of amended terms is a practice the FTC has scrutinized in consumer-facing contexts, particularly where material changes affect dispute resolution or data use rights. Some state consumer protection laws require affirmative consent for material amendments to consumer contracts, particularly where the original agreement included sensitive data processing or arbitration clauses. The adequacy of notice by website posting alone has been questioned in regulatory guidance. GOVERNANCE EXPOSURE: Medium. The modification clause is common in consumer technology agreements, but its interaction with the mandatory arbitration provision is significant: if 23andMe modifies arbitration terms, users who do not actively review the notification may unknowingly waive a new opt-out window or accept changed arbitration procedures. JURISDICTION FLAGS: California courts have scrutinized browsewrap and continued-use acceptance mechanisms, particularly where changes affect substantive consumer rights. EU users are directed to separate regional terms, but US users in California should be aware that state law may impose additional requirements for valid amendment consent. CONTRACT AND VENDOR IMPLICATIONS: Organizations with enterprise or research agreements should confirm whether material term changes trigger renegotiation rights or notice obligations under their commercial contracts. The provision that these Terms control over additional service terms in cases of conflict means downstream amendment of these Terms could affect rights under Membership and Telehealth agreements. COMPLIANCE CONSIDERATIONS: Compliance teams should implement a monitoring process for 23andMe Terms updates, particularly given the sensitivity of genetic data. Any material amendment should trigger a review of whether the change affects data processing consent, arbitration opt-out rights, or liability exposure.
Full compliance analysis
Regulatory citations, enforcement risk, and due diligence action items.
Free: track 1 platform + weekly digest. Watcher: 10 platforms + same-day alerts. No credit card required.
Professional Governance Intelligence
Need to monitor specific governance provisions?
Professional includes provision-level monitoring, governance timelines, regulatory mapping, and audit-ready analysis.
Built from archived source documents, structured governance mappings, and historical version tracking.
This clause means users are bound by updated terms simply by continuing to use the service, which may include changes to arbitration, data use, or liability provisions without requiring affirmative re-consent.
If 23andMe updates its Terms in ways that affect arbitration rights, data handling, or liability, continued use of the service following notification constitutes acceptance of those changes, even if the user did not actively review or affirmatively agree to the revised terms.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by 23andMe.