Terms of service

 

Effective Date: Jan 10, 2025

1. Introduction

Personage Inc. welcomes you. We’re really excited that you have decided to access and use our Services and Products. We offer our Products through our site and App, all of which are operated by Personage Nutrition Limited. These Terms and Conditions (together with our Privacy Policy) and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Personage, whether as a guest or registered User, and no additional or different terms or conditions will be binding upon the Company unless specifically agreed to in writing by an authorized representative of the Company. By using our Websites, mobile application, or blogs, as well as our Instagram, Facebook, Twitter, LinkedIn, and other social media or interactive pages (collectively, the “Sites”) or ordering any of our Products you agreed to accept all Terms and Conditions, written herein.

2. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, transfers, protect, disclose and otherwise process information about our Users. Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

3. Eligibility 

By accessing or using our Services, you must:

• Be at least 18 years old - If you are under the age of majority in your home state, you should use our Sites only with the supervision of a parent or guardian who agrees to be bound by this Agreement;

• Possess the necessary consent, legal authority and right to submit your Genetic and Blood Information on behalf of yourself or those for whom you have legal authority to agree;

• Use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws; 

• Not be barred from receiving or using our Services in the state, jurisdiction, or country where you reside. Registration for, and use of, the Services are void where prohibited. You are responsible for determining whether the use of the Services is legal in your state, jurisdiction, or country where you reside.

Additionally, you agree not to:

• Use any Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);

• Use any Services if you have ever engaged in any activity that could result in suspension or removal from the Sites;

• Impersonate or Attempt to impersonate Personage, an employee, another user, or any other person or entity (including, without limitation, by using email addresses or Account names associated with any of the foregoing); 

• Upload, post, email, or otherwise transmit any content, including, but not limited to Blood/Genetic Information, that you do not have a right to transmit under any law or under parent-child, contractual or fiduciary relationships;

• Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, exploit or harm minors in any way; 

• Use the Website or Services to encourage, promote, facilitate, or instruct others to engage in illegal activity;

• Use the Services to damage Personage, or any related Websites, affiliates, or subsidiaries;

• Have more than one Personage Account;

• Attempt to gain unauthorized access to, interfere with, damage, disrupt, or attack any parts of the Services, the servers on which the Services are stored, or any server, computer, or database connected to the Services;

• Remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Products, Services or Content;

• Use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;

• Use any robot, spider, or other automatic device, process, or means to scrape, crawl, phish, pharm, pretext, or access the Services for any purpose;

• Illegal and/or unauthorized use of the Site or the Products, including collecting usernames, email addresses or Customer content of other Customers by electronic or other means for the purpose of sending any commercial endeavors, unsolicited email, unauthorized framing of or linking to the Site or other purposes;

• Transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation; 

• Use any device, software, or routine that interferes with the proper working of the Services, including any viruses, Trojan horses, worms, logic bombs, or any other computer code, files or programs that is malicious or technologically harmful;

• Resell the Kits, Products, or any part of the Services;

• Reverse engineer our Questionnaires, programming, blood and saliva collection device and methods, and vendors;

• Frame, mirror, or use any manual process to monitor or copy any part of the Services or the Website, soliciting or competitive or market analysis, or for any other purpose not expressly authorized in these Terms of Service, without our prior written authorization;

• Violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Services or have been communicated to you by anyone affiliated with Personage.

4. Ownership and Proprietary Rights

4-1. Intellectual Property

Personage and its affiliates and/or third-party licensors exclusively own all right, title and interest in and to the Services and its entire contents, features, and functionality (including but not limited to Genetic Report, Blood Report, Questionnaires, Site, Services, Content, and Products including, without limitation, all copyrights, patents, trademarks, logos, names, formulas, service marks, text, visual interfaces, graphics, photographs, designs, sounds, videos, User Content, compilation, information, code, Products, data, software, Services, all other elements and the selection and arrangement thereof), all of which are protected by United States and international laws. All goodwill generated from the use of our Trademarks inures to our benefit. 

We respect the intellectual property rights of others and attempt to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or User submissions deemed to have been posted or distributed in violation of any such laws.

4-2. License and Access

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Sites and their Content for personal, informational, and shopping purposes. This permission, including any aspect deriving from Service Provider’s license to the online platform (Site, App, Account, User Content, etc.), is revocable at any time without notice and with or without cause. 

We will take appropriate legal action for any illegal or unauthorized use of the Products. We also reserve all rights not expressly granted herein the Services.

4-3. Content and Use

By submitting any Idea or comments about the Service or our Products, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

We are not liable for third-party content hosted on our Sites, external Websites linked to or from our Sites, or errors regarding Product information, availability or promotional offers. Besides, Rights in User Content granted by you and you are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. By making any User Content available through the Services you hereby grant to Personage and the third-party websites a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other Site visitors. 

Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Personage or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.

If you believe the material contained within the Website or Services violates your intellectual property rights, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website and/or the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

4-4. Transfer of Rights

The Contract is binding on you and us and on our respective successors and assigns. We may transfer, assign, change, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

5. User-Specific Terms

5-1. Accounts 

You may need to register for an Account to access some or all of our Services. You agree to provide true, accurate, current and complete information about yourself where prompted (such information being the “Membership Data”). You must promptly update this information if it changes. If you do not, or we have reasonable grounds to suspect that you have not, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Products. Any modifications and changes to your Account information must be made prior to any purchase (one-time purchases, scheduled treatment or subscription renewals). We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. If we terminate or suspend your Account, you may not create additional Accounts.

By creating an Account, you also consent to receive electronic communications. These communications may include notices about your Account (e.g., payment authorizations, password changes, posting notices to the Sites, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You authorize us to charge your Account for our Service fees that you incur on the Services as they become due and payable. If we cannot charge you for any Service fees when due because your Account is no longer valid, or if we do not receive your payment when due, then you understand that we may immediately suspend your use of the Services until you update your Account.

You are responsible for maintaining the confidentiality of the password and Account, and are fully responsible for all activities that occur under your password or Account. You agree to immediately notify us of any unauthorized use of your password or Account or any other breach of security, and ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.

You acknowledge we may establish general practices and limits concerning the use of the Site and Products. You acknowledge that we reserve the right to cancel Accounts that are inactive for an extended period of time. You are also able to have your data deleted from our active Services at any time. We will adhere to updating, providing information or deleting your Account within 30 days of request. This will remove all past order history, rewards points accumulation, and personally identifiable information from our web store as well as any communication tools we utilize. When this data is deleted, you will not be able to recover past order history or points balances. In the case of data deletion, we are obliged to retain some personal data to comply with our legal, financial and medical obligations. This may include order history, delivery addresses, health questionnaire, DNA and blood test results. In such cases, the data will be suppressed, securely stored and archived in line with any limitation periods and records retention requirements. Moreover, if you would like to opt-out of the Technologies we employ on our Sites, Services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits. 

5-2. Uploaded Content

Please choose carefully the words, information, content, messages, text, files, images, photos, sounds, profiles, works of authorship or any other materials you post, upload, link to, publish, exchange, or display on or through the Site and any such content that you provide or make available to other Customers through the Site; as you are responsible for all Customer Content. We do not claim any ownership interest in your User Content. However, by uploading, posting, or submitting User Content to the Sites, including to our pages or feeds on third party social media platforms (e.g., our Facebook, Instagram, LinkedIn or Twitter), you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display your User Content, in whole or in part, and your name, likeness, voice in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic, and other commercial and noncommercial purposes. You agree that we have no responsibility or liability for the blocking, deletion or failure to store any Customer Content maintained or transmitted by the Site. We reserve the right, in our sole discretion, to reject, refuse to post or remove or modify any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability.

The Site may pull content from our Users who share photos and videos on social media using our brand hashtags, including, without limitation, #Personage (collectively, the “Personage Hashtags”), or tagging the @Personage Account. You acknowledge and agree that the Photos may be used on in PR events, in future retail locations, emails, and on the Site, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.

For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. We maintain telephone “do-not-call” and “do-not-mail” lists as mandated by law. We process requests to be placed on these lists within 60 days after receipt, or such shorter time as may be required by law. If we require more time, we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

 Customer Content shall not be illegal, offensive, obscene, harassing, violent, hateful, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, violate any confidentiality agreement or other contract or be otherwise injurious to third parties or objectionable and shall not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Customer Content. We have the right but not the obligation to remove or edit Customer Content, but we do not regularly review Customer Content. Company will not be responsible for any backup, recovery or other steps required to ensure that User Data is recoverable in the case of data loss. You are solely responsible for backing up your User Data on a regular basis and taking appropriate steps to safeguard and ensure the integrity of your User Data. Do not post or send us any content, ideas, suggestions, or other User Content that you wish to keep private/proprietary or for which you expect to receive compensation. We take no responsibility and assume no liability for any Customer Content, any compensation or reimbursement of any kind from us under any circumstances. 

The following is a partial list of the kind of Customer Content that is illegal or prohibited on the Site. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending Customer Content from the Site and terminating the membership of such violators. Prohibited Customer Content includes content that: (i) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;” (iv) consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) consists of an illegal or unauthorized copy of a copyrighted work, such as sound recordings, musical compositions and videos in which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright owner(s); (vi) computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices, or infringing materials; (vii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (viii) provides material that exploits people under the age of 18 or solicits personal information from anyone under 18; (ix) provides instructional information about illegal activities; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other Customers; (xi) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, advertising, or pyramid schemes; or (xii) uses any unfair, misleading or deceptive content.

5-3. Mobile Software

Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (a) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time-sharing or similar services for any third party; (c) make any copies of the Mobile Software; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (e) delete the copyright and other proprietary rights notices on the Mobile Software.

The Mobile Software originates in the United States and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service.

You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these Services. In using the App, you are accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you're using the App, please be aware that we assume that you have received permission from the bill payer for using the App.

Your use of the third-party service may be subject to additional terms related to that service from the service provider. We are not liable in any way for, and make no representations relating to, any such Third Party Service or any claim resulting from your use of such Third Party Service.

Company does not warrant that the Mobile Software will be compatible with your mobile device. You acknowledge that Company may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms will apply to all such upgrades. When you use our Mobile App, you are subject to additional terms from the App Store Provider. Please review such terms, you are solely responsible for reviewing and understanding those terms and ensuring you have the latest version. If you downloaded the Mobile App from the Apple "App Store," you are subject to Apple’s Licensed Application End User License Agreement, available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. If you downloaded the Mobile App from the "Google Play" store, you are subject to the Google Play Terms of Service available at: https://play.google.com/about/play-terms/index.html. If you used a different third party service, check with the applicable App Store Provider to determine what additional terms may apply. 

5-4. Downloads 

Sites may allow you to download certain Content, applications, software, and other information or materials. The Company makes no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with the Company or a third party, for example an agreement with a mobile application store.

5-5. Pro Subscription

By paying the subscription fee, you will have access to Personage Pro during the time your subscription is valid. You may cancel your membership at any time, in which case your membership will still be valid for the subscription time you have already paid for. Once your subscription plan ends, your previously selected plan will automatically be renewed and your Account charged; you can choose to turn off automatic renewals for your subscription, which will prevent renewal on expiration. If you have subscribed through our App or any other such service provider, using in-app purchase, you can only cancel your subscription through the use of their services. We reserve the right to change the subscription fees on occasion without notice.

5-6. Feedback

We welcome feedback, questions, comments, suggestions, ideas, original or creative materials and suggestions for improvements to the Services and Products. we shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

5-7. Referral Program

Once you make a referral to your friends, family members or colleagues, you become a "Referrer" and will be provided with a unique referral link that allows you to receive the benefit or reward advertised after the first purchase of Referred friends. They must complete the referral as described in the referral message.

Unfortunately, there will always be people that take advantage of and abuse that generosity, so there are a few parameters around our referral scheme. Each User may receive the specified rewards only for every qualified referral based on their status as a Referrer or Friend. A Referrer also must already have been a Personage Customer at the time such Referrer makes the referral. Further, to be a valid qualified referral, the Friend must complete the purchase or registration process using the Referrer’s Personal Link, and the Friend cannot have been previously registered with the Company as a Customer or on its mailing lists under any email or alias. Referrers cannot refer themselves, create multiple, fictitious, or fake Accounts with the Company, or participate in the Referral Program as "Friends". No User may use the Referral Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene, or outside the spirit and intent of the Referral Program. The referral offer is valid only for intended email recipients, and cannot be combined with additional offers when available. If a Friend is on the Company’s email unsubscribe list, the referral email will not be sent and no referral Reward will be received. If a Referrer unsubscribes from receiving Program transactional emails or general marketing emails from the Company, he or she will no longer be able to access previously issued Rewards, which shall be forfeited. Our referral scheme is entirely at our discretion and terms, conditions, features, availability, exclusions, pricing, fees, service, and support options are subject to change without notice.

5-8. Rewards Program

VIP Rewards are physical items or credits issued to active subscribers as gifts while supplies last. A gift will be issued every 3 orders beginning 8/1/2022. Gifts expire 4 weeks from date of issue and must be applied by the Customer and used before the expiration date. For your eligible purchase to qualify for the Rewards Program, you must be opted in the Program at the time of purchase by logging into your Account on the Site. To earn rewards and benefits, your purchase must be made on qualifying Products and Services over certain amounts. Qualifying purchases include regular priced merchandise and services, and exclude discounts, sales tax, state fees, shipping charges, delivery charges and other excluded charges and/or purchases as specified by us from time-to-time.

Rewards cannot be exchanged or returned for another Product or Service, or a monetary refund. Neither Accounts nor rewards may be shared or combined. Only the member paying for the Products may accumulate benefits and rewards. We reserve the right to monitor the number of Accounts per household and refuse, merge or close additional or duplicate Accounts at any time. Benefits and rewards earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances credited to your Program Account will be decreased or reversed, as applicable, if all or part of the purchase is returned or cancelled, or if the credit is obtained through fraudulent or other activity that violates these Terms as determined by us in our sole discretion. We are not responsible for rewards lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for rewards that are lost, stolen or otherwise destroyed. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned under the Program are the responsibility of the member. 

We reserve the right to change Program benefits, how you unlock each Program tier and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier, the number or types of rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof.

5-9. Offers and Promotion Codes

From time to time, we may offer promotional or offer codes that are redeemable towards a purchase of Products on the Site, subject to expiration dates, minimum purchase order, Product exclusions and any other restrictions as may be determined and communicated in our sole discretion. We may engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of our brand. If you receive an Offer Code from a third-party source, please note that such individual may have been compensated for his or her statements.

Only valid Offer Codes will be honored by Personage. Each promotion code or offer may be used only once per Customer. Each Offer Code offered by Personage is non-transferable, valid for one single purchase on the Site, and cannot be redeemed for cash or any cash equivalent. Offer Codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. We are not responsible for any unauthorized use of Offer Codes. The monetary value of the Offer Code will not be refunded or credited back if the Product purchased using the Offer Code is returned. Codes & offers are not retroactive and price adjustments will not be issued to orders placed prior to the start of any promotion. Any promotion code or offer provided on our Site and App cannot be used in conjunction with any other promotion (current or historical) and may be subject to additional terms and conditions (such as expiry date/time) which will be shared at the point of publication and are subject to availability. If more than one Customer is registered at the same delivery address our promotion code or offer may only be used by one Customer registered to that address.

On rare occasions, our promotion codes may calculate incorrectly and therefore are incorrectly applied to your basket at checkout. In this event, we shall notify you as soon as we become aware, but in any event prior to your Products being dispatched, and reserve the right to cancel the order. Should this occur, you shall be given the option to cancel or amend your order in line with how the promotion code should have been correctly applied. We reserve the right to withdraw or terminate any of our promotion codes or offers at any time. On withdrawal or termination, the promotion codes or offers may not be used for any orders placed after the date of such withdrawal or termination. We reserve the right to reject the use of any promotion codes or offers where fraud is suspected.

5-10. Text message marketing 

By participating in a text message campaign, you are agreeing to the Disputes, Arbitration, and Class Action Waiver of this Agreement as well as the rest of the terms herein, including the Limitation of Liability. You can opt out of any text message marketing program by replying STOP to the text message. You can reply HELP on many text message marketing programs to receive more information, including a Customer contact number. Message and data rates may apply to any text message marketing program, and consent to a program is not required for any purchase. Text message marketing programs send automated reoccurring texts. Neither the Company nor mobile carriers are liable for delayed or undelivered messages. You must notify us if you give up a telephone number that is subscribed to a text message marketing program or if the number is otherwise reassigned. Our Privacy Policy applies to text message marketing programs.

6. Product Information

6-1. Our Products

Each shipment contains a 90-day supply which are packaged for use in 180 individual, personalized packets, alternating between a morning packet and a night packet for each day, and enclosed in a dispenser box for your convenience. Each shipment also includes a booklet containing Supplement Facts for all Products, in addition to related information about our Services. 

After placing your order via our Site or App for Products, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products from us. All orders are subject to acceptance by us. We will notify you where Products may not be available. Your Contract with us will relate only to those Products not notified as out of stock. We will not be obliged to supply any other Products which may have been part of your order until the Products are available. We also may offer some Products for sale before they have been manufactured or arrive at our warehouse. When you preorder these Products, we will ship them out once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email and cancel the item from your order.

We may make improvements and/or changes in Products or Services, add new features and specifications, or terminate a Site at any time without notice. We also: (a) reserve the right to change the Products and Services advertised or offered for sale through an ecommerce Site, the prices or specifications of such Products and Services, and any promotional offers at any time without any notice or liability to you or any other person; (b) cannot guarantee that Products or Services advertised or offered for sale on a Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that information on a Site (including without limitation Product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free; and (e) reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information on an ecommerce Site is inaccurate, where we have insufficient quantities to fulfill an order or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Unless otherwise indicated, Products sold on the ecommerce Sites are intended for end use in the United States and are not labeled or intended for international distribution. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our Site and App. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

All orders are reviewed for fraud or other types of unauthorized activity. We reserve the right to review and refund or not process an order due to suspected fraud or unauthorized activity. We reserve the right to cancel any Accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity.

6-2. Subscription

The Services offered by Personage are subscription-based Services. Your Subscription begins on the date your order is initially prepared by our fulfillment center (“Subscription Start Date”), which will typically range between 1 to 3 business days after your order is confirmed. When you open a subscription-based Account, you hereby agree to pay all charges to your Account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers. Subscriptions are non-transferable. 

Unless you cancel or postpone your Subscription (as per our Subscription Cancellation and Postponement Policy), your Subscription automatically renews every 90 days on your next renewal date (“Subscription Renewal Date”) in accordance with your agreed billing period and without notice until you cancel. We have three subscription plans: 3 months, 6 months, and 12 months. We will attempt to notify you via email approximately four days before your next Subscription Renewal Date to inform you of the final date (generally defined as two days before your next Subscription Renewal Date) in which you can make changes to your upcoming order before it is prepared by our fulfillment center. You can cancel your plans or make changes to your shipment 5 days prior to the starting date, but if you cancel before the period is up we will charge your Account for the amount of any plan savings accrued up until that point. If you do not cancel, then your next box of the Personalized Packs will ship and applicable Subscription Fees will be charged to your credit card.

In the event that you elect to terminate your subscription, please follow the instructions signaled on your Account. You agree that we will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged. Your right to use the Service or a specific Product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately either suspend or terminate your access and Account, thereby terminating this Agreement and all obligations hereunder. You are required to pay any amounts still owed to us at the time your Account is suspended or terminated.

6-3. Returns, Refunds, Cancellation and Postponement 

If you are not happy with your formula, reach out to us within 24 hours after making your purchase so we can make recommendations and adjustments! We have two ways to cancel: login to your online Account, head to our subscription page, make a cancellation request direct to our team, receive a confirmation code once the cancellation has been processed. Or reach out to our team via email/phone call. Please note that we may require photographic documentation or the return of the item before we issue you a refund, credit, or replacement.

You can adjust the cadence of a delivery, skip a shipment, or submit your cancellation/refund request for a full refund before 24 hours has elapsed. In your return request, you must indicate the specific Product with which you are not satisfied, and include your order number, name, and contact information, as well as the reason for your return request. If we accept your return or exchange request, we will send you a Return Authorization number and instructions to initiate the return. Your return or exchange will begin to be processed as soon as we have confirmed receipt of your return. We will process a refund to the original method of payment and send an email confirmation. But once we make your supplements, it's your own formula that cannot be reused, so unfortunately, deposits and payments on Personalized Products, situational supplements, custom work and special orders are non-cancelable and non-refundable after 24 hours of confirmation.

We will not assume responsibility nor liability for damaged Products or delivery delays/problems when provided by third party organisations (e.g. kits). Unfortunately, as kits are medical Products that cannot be reused if returned, we are only able to accept kit's cancellation if they have not shipped. Kits that are automatically shipped as part of your active subscription, after the first month concludes, will not be eligible for a return or refund. Do not refuse the package or return it to the producer since this will not reroute the Kit to our laboratory. Please note that original shipping and handling is non-refundable. 

If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email of the problem within 24 hours of the delivery of the goods in question. If you would like to make an exchange, please include a note with the items you would like to exchange. If you enter incorrect details on your Account, including but not limited to, your name, email address, delivery address and/or card details and you do not notify us within 24 hours of setting up the Account, we will have no liability to you if your Products are not delivered to you. We are not responsible for the validation of the address provided at checkout and will not provide returns, refunds or replacement orders for address errors provided at checkout beyond within 24 hours of the first order. If you are not home when the Product is delivered, and you do not rearrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection we may end the contract and keep the purchase money.

We reserve the right to refuse, limit, or cancel any order at any time in our sole discretion, including, without limitation, refusing, limiting, or canceling quantities purchased per User, per household, or per Order. These restrictions may include Orders placed by or under the same User Account, Order placed using the same Payment Method, and/or Orders that use the same billing or shipping address. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

7. Kits and Reports

7-1. The Blood Test Kit 

The blood test kit service consists of delivery of a blood sample kit and a report containing general healthcare and lifestyle advice relating to the type of blood testing carried out by the Laboratory produced by our Medical Doctors and Nutritionists, which will be presented to you through your Account dashboard, on both the Website and the App. The instruction booklet contains information on how to take and submit your blood sample, and a sample request form on which you must include your personal details, as well as on the label which is attached to the blood sample. You acknowledge that blood samples that are not fully and correctly labelled cannot be processed. The Report will typically be available within a week from the day your blood sample is received by the Laboratory. We will notify you by email that your dashboard has been updated accordingly.

The validity of the kit will expire 60 days after delivery, so you are required to provide and post your blood sample to the Laboratory at the address provided within that period. You acknowledge that test outcomes depend on the quality of the blood sample provided by you and you thus agree to adhere to the blood collection protocols provided. If you do not follow these protocols a defective or partial test result may occur. We may, at our discretion, give you the opportunity of re-testing free of charge if a partial result is reported by the Laboratory, and similarly if your blood sample was clotted at the time of receipt by the Laboratory.

We reserve the right to change the blood test kit supplier and Laboratory from time to time without notice. We will pay for the blood testing services on your behalf. However, it is not possible to make changes to the request form once it has been sent to the Laboratory. By taking this test, you agree to discussing and providing your GP with a copy of any abnormal test results within the specified time mentioned in the reports.

7-2. The DNA Kit 

As a part of our Personalized Services, we provide and ship a prepaid return package. Your Genetic Reports is also included within the purchase of a Kit. A Kit contains everything you need to submit your saliva sample, including a saliva collection tube and instructions on how to provide, store, and register the saliva sample. The scientific research findings contained in the Genetic Report are derived from research information published from the National Institutes of Health and other federal government sources, as well as specific scientific research studies related to nutrition and nutrigenomic. The Report will usually be available within three weeks from the date your DNA sample is received by the Laboratory. We will notify you by email that your dashboard has been updated accordingly.

Although we strive to deliver your Genetic Report within 7 days, starting when our laboratory receives your saliva sample, we cannot guarantee and make no representations that you will receive your Genetic Report within a specified timeframe. If we determine that we are unable to deliver your Genetic Report within a commercially reasonable amount of time, we will issue you a refund for the applicable purchase price.

The validity of the DNA test kit will expire after 30 days of delivery, so you are required to provide and post your DNA sample to the Laboratory at the address provided within that period. You acknowledge that test outcomes depend on the quality of the DNA sample provided by you, so you agree to adhere to the DNA collection protocols provided in the instruction manual. If you do not follow these instructions, a defective or partial test result may occur. We may, at our discretion, give you the opportunity of re-testing free of charge if a partial result is reported by the Laboratory.

We reserve the right to change the DNA test kit supplier and Laboratory from time to time without notice. We will pay for the DNA analysing services on your behalf. We value your privacy and do not share or sell any of your Personal Information with any third parties for marketing or monetary consideration. Any reporting of research information related to a genetic variant you may have for a given genetic marker should not be considered as an assessment or diagnosis of your health, nor any kind of clinical or medical advice or fact. If we provide to you any potentially actionable information, such information is intended for informational purposes only and to be used only with and under the care of your physician. You should always seek the advice of your physician with any questions you may have regarding the diagnosis, cure, treatment, mitigation, or prevention of any disease or health condition or impairment or the status of your health.

7-3. Health Questionnaire 

Before purchasing a Product, we need to fill out a brief health Questionnaire by logging into your Account on our Website/App.  Any self-reported Lifestyle Information will enable us to generate, bolster, or refine your selection of recommended supplements.

Although some questions in the Questionnaires may ask about your dietary restrictions, food allergies, or other day-to-day experiences or functions related to maintaining a healthy lifestyle, our Questionnaires, recommendations and supplements should not be considered as an assessment or diagnosis of your health, nor any kind of clinical or medical advice or fact. Filling out and completing the Questionnaire does not create a physician-patient relationship between us. If we provide to you any potentially actionable information, such information is intended for informational purposes only and to be used only with and under the care of your physician. You should always seek the advice of your physician with any questions you may have regarding the diagnosis, cure, treatment, mitigation, or prevention of any disease or health condition or impairment or the status of your health.

8. Order and Delivery

You may purchase Products in our online store accessible on the Site. After you place an order we will review the information you provided for validity by verifying your method of payment, billing, and/or shipping address. Your order will be fulfilled as soon as reasonably possible, and in any event within 30 days after the day we accept your order unless there are exceptional circumstances or we have notified you of out of stocks or delays. You agree to pay any applicable shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Our packages are shipped via USPS Priority Mail and kit packages are delivered between 5-7 business days after ordering. In the event of shipping delays, please expect to be contacted by a representative of our team. Actual delivery times are not guaranteed and vary. 

Ownership of the Products ordered will also pass to you upon your receipt of them, provided full payment of all sums due in respect of the Products, including any delivery charges, has been received. Products purchased via the Site or App will be shipped to the address you designate as the shipping address during the check-out process. Products comprised within the same order cannot be delivered to different addresses. Shipping restrictions apply. Our Products are currently only available to be ordered by individuals resident in California. Orders may not be accepted for delivery to certain addresses and territories based upon your location. We reserve the right not to deliver to any country that is prohibited by applicable export laws. We may contact your email or phone, if additional information is required to accept and process your order. Invalid order information may result in delays processing your order or complete lost. If your order is canceled, we will attempt to notify you using the email address you have given us with the order.

All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third-party courier. You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us the same day you received the package via email and in writing, giving your name, address, order reference, and photos of the Products and packages. We are not responsible for taxes, duties, any brokerage, delivery fees, return postage, packages refused or held for delivery, any extra shipping and handling fees, finding, replacing, reimbursing any lost, misplaced, or stolen shipments associated with an outdated, incorrect, or invalid shipping address. Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that can't be delivered due to an address error, or orders seized by Customs.

Shipments will be delivered to the Shipping Address listed in your Account on the Website, and you will be held responsible for updating your Shipping Address in the event of a change. If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door or in your mailbox. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your order, we will attempt to deliver your order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. Subscriptions are non-transferable.

Your receipt of order confirmation does not constitute Company’s acceptance of your order. Without prior notification, we maintain the right to limit the Product order quantity and the right to refuse to sell Products to any Customer for any reason or no reason at all, including without limitation, obtaining, directing shipment, or exporting a Product. We also reserve the right not to sell to resellers, dealers, or distributors. We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.

9. Sale Information

9-1. Pricing, Taxes and Charges

All applicable prices for Products, including delivery fees and taxes, will be presented to you prior to placing the Order. To the extent Company is obligated to collect taxes, the applicable tax will be added to your billing Account. You agree to pay all fees charged in the Order. Unless otherwise stated, all fees are quoted in U.S. Dollars.

We reserve the right to change pricing and billing practices at any time; however, any such changes will be submitted to Customers prior to taking effect so Customers have the chance to modify or cancel their purchase Options. Prices of Products are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order acknowledgement. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We may provide paid Products and/or Services within Service. In that case, we use third-party services for payment processing.

9-2. Payments

All payments must be made electronically by the methods specified within the Service. We will bill your payment method when you place an order for a Product through the Service. Company will not fulfill any Product order without authorization validation of your purchase from your payment method. You agree that we may charge any payment method on file, for any such fees owed. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled. You are required to keep your billing information current, complete, and accurate (e.g., a change in billing address, credit card number, or expiration date) and to notify Company if your selected payment method is canceled (e.g., for loss or theft). You are responsible for all charges incurred under your Account made by you or anyone who uses your Account (including your family members, friends, co-workers, colleagues, team members, etc.). If your payment method fails or you are past due on amounts owed, we may collect fees owed using other collection mechanisms. Your Account may be deactivated without notice to you if payment is past due, regardless of the dollar amount.

9-3. Gifts

You have the ability to purchase subscriptions for other people through the Sites as Gifts. When you purchase a Gift, we will send an email to the Gift recipient that can be used to redeem the Gift. The Gift recipient will be required to create an Account in order to access the Sites and redeem the Gift. Gifts are not refundable or redeemable for cash. However, Gifts do not expire, and any unused balance will be placed in the Gift recipient’s Account. We offer various Gift packages, so please visit the Gifts page on our Website and our FAQs for more information.

9-4. Gift Cards

The gift cards are available in denominations of $25-$200. Our gift cards and their use on the Site are subject to the Personage Terms and Privacy Policy. The amount of the gift card that you purchase will be charged to your bank or credit card upon your confirmation and submission of the order. To make a purchase with a gift card, the gift card holder must have an Account and visit the Site to redeem the gift card toward the purchase of eligible Products. If an order exceeds the amount of total available credit on the gift card, the remaining balance must be paid with a bank and credit card. 

Gift card purchases cannot be refunded. In the event a Gift Card code is non-functional, your sole remedy, and our sole liability, shall be the replacement of the Gift Card. Gift cards cannot be used to purchase other gift cards and they cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other Account, unless otherwise required by law. We are not responsible if a gift card is misplaced, lost, stolen, destroyed or used without your permission, and we have no obligation to replace a gift card under such circumstances. we make no warranties, express or implied, with respect to Gift Cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. We reserve the right to close member Accounts and request alternative forms of payment if a fraudulently obtained gift card is redeemed and/or used to make purchases on the Site.

9-5. Refunds

You may submit your cancellation/refund request for a full refund before 24 hours has elapsed. We will process a refund to the original method of payment and send an email confirmation. Unfortunately, as kits are medical Products that cannot be reused if returned, we are only able to accept kit's cancellation if they have not shipped. Kits that are automatically shipped as part of your active subscription, after the first month concludes, will not be eligible for a return or refund. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. The Company will not cover the shipping costs of sending the Products to the Customer, nor the shipping costs of returning the Products to the Company. Our Products will not be refunded or exchanged if purchased through or provided by third party organisations, retailers, wholesalers or resellers.

10. Legal Matters

10-1. Entire Agreement

This Terms is a legal agreement exclusively between you and us governing your use of our Websites and other online or mobile Services, properties, software, Mobile Apps, or applications that link to this Agreement. By using a Service or Product, you consent to the terms of this Agreement. These terms and conditions and any document expressly referred to therein represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. Additional policies and terms may apply to use of specific portions of a Site and to the purchase of certain merchandise or Services, and are included as part of this Agreement whether they reference this Agreement or not.

No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. The section headings are provided merely for convenience and shall not be given any legal import. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

We reserve the right, in our sole discretion, to restrict, change, suspend, or terminate this Agreement, our Products, and our Services at any time and for any reason without prior notice or liability, including the right to reject any order you place for the purchase of Products, which may result in the forfeiture and destruction of all information associated with your Account.

10-2. Laws and Jurisdiction

The Service shall be deemed solely based in California and a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You submit to the non-exclusive jurisdiction of the state and federal courts, located in Orange County, CA for the resolution of any disputes. All of the Company's decisions are final and binding.

10-3. Dispute Resolution

For any dispute with Company, you agree to first contact us at cs@personage.com and attempt to resolve the dispute with us informally. You and Us agree that any dispute arising out of or related to this Agreement, our Services or your purchase of Products from us is personal to you and us, and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. This arbitration provision shall survive termination of this Agreement.

10-4. Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site and App, you accept that communication with us will be mainly electronic by email or posting notices on our Site and App. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or two working days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.

Please note that by submitting User Content, creating a Registered User Account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy. By entering your phone number in any data collection forms, you agree to receive marketing messages at the number provided. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies. Where appropriate, we reserve the right to send you electronic service communications related to your purchase where you have opted out of marketing communications.

10-5. Arbitration

The arbitration may be conducted in person, through the submission of documents, by phone, or online. In addition, arbitration precludes you from suing in court or having a jury trial, as it uses a neutral arbitrator instead of a judge or jury. In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. 

In the unlikely event that Company has not been able to resolve a dispute it has with you after 120 days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. Any dispute between you and us that is not subject to arbitration or cannot be heard in small claims court will be resolved in state and federal courts sitting in Orange County, California. Nothing in this Agreement will prevent Personage from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests. You agree to pay the whole attorney’s fees and court costs that the Company incurs. 

The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

10-6. Class Action

With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into these Terms, you and Company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or another representative proceeding of any kind.

10-7. Claims

You and Company agree that any cause of action arising out of or related to the Service or Products must commence within 2 months after the cause of action accrues; otherwise, the claim is permanently barred, which means that you and Layers will not have the right to assert the claim. 

Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt-out of certain means of notification as described in these Terms. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

All legal electronic notices should be sent to cs@personage.com.

10-8. Limitation of Liability

In no event will Personage, nor any of its officers, directors and employees be liable, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), Product liability, strict liability, or other theory, to you or any other person for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive, or consequential damages), and from any and all claims, actions, demands, damages, losses, liabilities, costs, or expenses caused by, arising out of, in connection with, or in any way relating to the Referral Program (including, without limitation, any property loss, damage, personal injury, or death caused to any person), the awarding, receipt, breach, use/misuse of any benefit in the Referral Program arising out of or in connection with any use of, the inability to use, or the results of use of the Products, Services or Website, whether such liability is under contract, or even if we have been advised of the possibility of such damages and regardless of whether such damages were foreseeable.

We also shall not have any liability or responsibility for any acts, omissions, negligence, conduct, fraud, malfeasance, technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with any User or other third party. Our liability in connection with any Product purchased through our Site and App is strictly limited to the purchase price of that Product. We accept no liability for any loss or damage caused by us or our employees or agents if there is no breach of a legal duty of care to you by us or by any of our employees or agents; if such loss or damage is not a reasonably foreseeable result of any such breach; or for any increase in loss or damage resulting from breach by you of any terms of this contract. 

To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of the sourced by parties (jointly) arising out of or in any way related to the order, receipt or use of Products purchased from our Site exceed the amount paid for such Products; and the order, receipt or use of meal ingredients, or access or use of the Sites or Content, exceed the greater of $100 or the amount you paid to us in the one month period immediately preceding the date on which your claim arose (the released parties' maximum liability arising out of or in any way in connection with the Service or Products, regardless of the cause of action, will not exceed $100). The foregoing limitations shall apply even in the event your remedies hereunder fail of their essential purpose, and the foregoing shall constitute the sourced by parties’ sole liability and obligation in respect hereof, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory.

You, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit and forever discharge the sourced by parties from and against, and covenant not to sue any such sourced by party for, all claims you have or may have arising out of or in any way related to these terms.

If you are a California resident, you hereby waive your rights under California Civil Code 1542, which states “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you are not a California resident, you waive your rights under any statute or common law principle similar to section 1542 that governs your rights in the jurisdiction of your residence.

The limitation of liability provisions set forth in this section shall apply even if your remedies under this Agreement fail with respect to their essential purpose.

10-9. Errors and Omissions 

Occasionally there may be information on our Site or in the Service and Products that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

10-10. Waiver

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.

10-11. Termination

The Sites and this Agreement are in effect until terminated by you or us. We may terminate this Agreement by notifying you using any contact information we have about you or by posting such termination on a Site, including in your Account. Neither you nor us shall have any remedy in respect of any untrue statement (including health condition and problems) made by the other, whether orally or in writing, prior or post to the date of a Contract and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination. Even after the termination of this Agreement or of your Account or access to a Site, any User Content you have posted or submitted may remain on a Site indefinitely.

You agree that if your use of our Services is terminated pursuant to this Agreement, you will not attempt to use that Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore.

10-12. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Personage and our healthcare professionals, directors, agents, partners and employees from and against any and all claims, losses, liabilities, claims, demands, damages, causes of action, judgments, legal proceedings brought or threatened, and expenses of any kind or nature whatsoever, including attorneys’ fees, or costs arising out of or related to (a) your access to or use of the Services and Products; (b) your Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to cooperate with us and our Parties in defending such Claims. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to amount paid, if any, by you to us for the Products.

We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter. We shall provide notice to you of any such claim, suit, or proceeding that triggers this indemnification obligation, and you agree to do the same by writing to cs@personage.com. 

10-13. Compliance

The Website and the Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website, the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

10-14. Severability

If any provision of these Terms, an Individual Service Agreement, or any Guideline is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration.

10-15. Assignment

These Terms, Individual Service Agreements, and related Guidelines, and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Company without restriction.

11. Disclaimers and Limitation of Liability 

11-1. Warranty Disclaimer 

The Service, all Products, User Data, software, or applications made available in conjunction with or through the Service is provided “as is” and “as available” for your use, without warranties of any kind either express or implied. You expressly agree that your use of, or inability to use, the service is at your sole risk. 

Personage, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors specially disclaim all liability, damages, loss, claim, personal injuries and other liability of any kind or nature whatsoever, whether direct, indirect, general, incidental, punitive, special, compensatory, consequential, and/or incidental, arising out of or relating to: lost profits, revenue and savings; replacement costs; claims of third parties; any damages whether based in contract, tort (including negligence), strict liability or otherwise; any other claim related in any way to your use of the Products and Services, including, but not limited to, any errors or omissions in any Content; any loss or damage of any kind incurred as a result of the use of the Products/Services; your genetic information; your reliance on your genetic report; your User Content; your financial data or the other data you submit to us, including the loss or unauthorized access by a third party of any such data; damage to Your computer/phone system; Internet access; download or display device loss or corruption of data that results or may result from the download of any material downloaded or obtained through the Service; implied warranties of merchantability; fitness for a particular purpose; non-infringement of proprietary rights; uninterrupted or error-free functions and Service; the use of the Service in terms of correctness, accuracy, reliability, or otherwise; or the deletion, correction, destruction, damage, loss, or failure to store or maintain any third-party or User Data.

All such representations and warranties are hereby disclaimed, including without limitation, the implied warranties and conditions of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. We do not guarantee, represent or warrant that your use of our Service or its results will be uninterrupted, timely, secure, or error-free.

11-2. Third-Party Content, Links and Syndication

We are not responsible for any Customer Content, third-party content, syndicated content, applications, advertisements, and/or links that may be contained in the Site. The Site may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. Any correspondence, business dealings with, syndication, linking or participation in promotions of third parties found on or through the Site, including payment or delivery of related goods or Products, Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties.

Reference to any Products, Services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. By using the Site, you expressly relieve us from any and all liability arising from your use of any third-party website. We accept no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content provided through the Site or App. We are not responsible for any problems or technical malfunction of any telephone network or lines, electronic networks, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site or App or combination thereof, including any injury or damage to Users or to any person's computer related to, or resulting from, participation or downloading materials in connection with the Site or App.

11-3. No Responsibility Disclaimer

The Site/App may contain information about Products that are not available in every location. A reference to a Product does not imply or guarantee that it is or will be available in your location or at the time of your order. We reserve the right, but are not obligated, to limit or discontinue the sales of our Products to any person, geographic region, or jurisdiction at any time. We may exercise this right on a case-by-case basis. We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. You further agree that the products and other materials you receive in your order may vary from the Products and materials displayed on the Sites due to a number of factors including, without limitation, general economic and political conditions and competitive situation; system capabilities and constraints of your computer; manufacturing process or supply issues; the availability and variability of the Product and raw materials; distinct cooking or other preparation methods and appliances.

All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Customer Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete, and accurate purchase and Account information for all purchases made at our store. You agree to promptly update your Account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.

11-4. Healthcare Disclaimer

By utilizing the Services, you represent that you are aware of the potential risks associated with the use of the Services, including the use of the Kits and Products, and the collection and submission of your saliva/blood sample to Personage. You are solely responsible for the proper and safe handling, preparation, storage, use and consumption of the Products you receive from us.

Please note that we are not responsible for any misuse of the Products. The statements made about the Products have not been evaluated by the Food and Drug Administration. These Products are not intended to diagnose, treat, cure or prevent any condition or disease. We make no endorsement or guarantee regarding the safety or efficacy of dietary supplements or research chemicals and shall be held harmless for any losses or damages that may result from their usage or application including, but not limited to, economic loss, injury, illness, or death. The recommended dosages are based off standards and we do not guarantee a lack of side effects or interactions even below the recommended dosages.  You are also solely responsible for knowing about any food allergies you may have and for previously verifying the suitability of all Products. Further, you understand, acknowledge, and agree that we store, portion, and package Products that may contain all 8 major U.S. or other allergens and cannot guarantee that cross-contamination will not occur between Products. By consuming the Products you are taking full liability for your body and actions. The field of genetics is continually changing and there are still many things to discover and understand. As scientists conduct more studies over time, future research may change our understanding of DNA and how your Genetic Information is interpreted. We use all reasonable care in obtaining the information but make no warranty as to its accuracy. Thus, you should not view genetic testing or results from genetic testing as conclusive or as any clinically or medically validated advice or facts.

Please note that we are not responsible for any misuses you may make of the Content. All content, materials and information included with Products and Services, such as text, videos, graphics, images, information, is solely for general information and educational purposes, and is not accurate, complete, current or exhaustive. The Content is not intended or implied to provide or substitute for medical, psychiatric, or other professional health care advice, be used to assess health conditions, or used or relied upon for diagnosis or treatment. Transmission of the Content is not intended to create, and receipt by you does not constitute, a physician-patient relationship with outliers, employees, agents, contractors, or anyone acting on behalf of outliers. Company does not recommend or endorse any specific tests, physicians, prescription Products, procedures, opinions, or other information in the Services. You may contact us with general questions regarding our Services, including our Products and dietary supplements, but do not send us any specific medical, therapeutic, or treatment questions. Reliance on any information provided by Company or its employees, agents or third parties via the Services is solely at your own risk; as with all Products, individual results may vary, thus we do not offer a money back guarantee. 

Do not rely on any Product to treat or diagnosis any emergency or non-emergency medical/psychiatric condition. You should consult your physician or qualified health care professional before using any products about potential interactions or other possible complications, particularly if you are pregnant, plan to become pregnant, are breast feeding, have a history of high blood pressure, high cholesterol, heart disease, ever experienced chest pain, smoke, any symptoms, a medical condition or a health problem that could be made worse by a change in diet. The Federal Food, Drug and Cosmetic Act requires this notice. Do not disregard professional medical advice or delay in seeking it because of any Content or information provided by or from outliers, or received through the use of the Products. By using our Products, a specific health or medical conditions you may have may not get better or may get worse and you may develop new conditions. If you experience an adverse health effect or allergic reaction, discontinue the use of Products immediately and contact a healthcare professional. If any time you experience a medical emergency, go to your nearest emergency department or call 911 immediately.

11-5. Force Majeure Event

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (1) Strikes, lock-outs or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or circumstances beyond our control; (4) Impossibility of the use of public or private telecommunications networks; (5) The acts, decrees, legislation, regulations or restrictions of any government. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

12. Changes

As our Services and Products are evolving over time we may change or modify or discontinue all or any part of these Terms and Conditions and our Services, at any time and without notice, at our sole discretion. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Agreement. We may not notify you personally of such changes. Therefore, you should periodically visit this page to review the current Agreement, so you are aware of any revision to which you are bound.

13. Communications 

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of Products and Services that incorporate such information.

If you have questions about this Agreement, technical questions about the operation of a Site, questions or comments about our Company or our Products, or have other Customer Service needs, please contact us through:

Address: Personage Int. Inc., Irvine, CA 92612

Email: cs@personage.com

© 2025 Personage. All rights reserved. E&OE