Terms of Use

Last updated: September 29, 2025 (effective September 29, 2025)

These Terms of Use (the “Terms”) govern your access to and use of the Evo DNA website located at www.evo-dna.com and any associated mobile applications (collectively, the “Service”). The Service is operated by Evo DNA, Inc. (“Evo DNA,” “we,” “us,” or “our”) and offers an online platform that uses DNA-related inputs to provide personalized insights, recommendations, and products (collectively, “Products”).

By accessing or using the Service, you agree to be bound by these Terms and any additional policies, guidelines, or rules that we post on or link from the Service (collectively, the “Guidelines”). If you do not agree to these Terms, do not use the Service.

1. Eligibility

The Service is intended for individuals age 18 or older. By using the Service, you represent and warrant that you meet this requirement and, where applicable, are the parent/legal guardian or authorized legal representative of the individual whose sample or data is being provided.

2. Privacy

Your privacy matters to us. Please review our Privacy Policy, which is incorporated into these Terms by reference, for information about how we collect, use, and disclose personal information.

3. Changes to the Terms

We may update these Terms from time to time in our sole discretion. When we do, we will post the revised Terms through the Service and update the “Last updated” date. In cases of material changes, we will make reasonable efforts to notify you (e.g., by email or in-product notice). Unless otherwise stated, revised Terms become effective when posted, and your continued use of the Service after the effective date constitutes acceptance of the revised Terms. Disputes arising before the effective date will be governed by the version in effect at the time the dispute arose.

4. Additional Terms

Your use of certain features or offerings may be subject to supplemental terms, policies, or rules (e.g., the Platform/Application Consent, Mobile Messaging Terms, or other feature-specific terms). Those supplemental terms are incorporated by reference and will control to the extent of a conflict with these Terms.

5. Access to and Use of the Service
6. License. Subject to these Terms, Evo DNA grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use.
7. Health/Medical Disclaimers. Evo DNA’s reports, content, and recommendations have not been evaluated by the U.S. Food and Drug Administration. They are provided for informational, educational, and research purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Evo DNA does not provide medical care, medical advice, medical diagnoses, or recommendations for treatment. Always seek the advice of a qualified health provider for any questions about a medical condition and never disregard professional advice because of information obtained via the Service. You use information from the Service at your own risk.
8. No Clinical Use. Genetic information referenced by the Service has not been clinically validated for diagnostic purposes. Genetics is only one of many factors affecting traits and wellness. We cannot and do not guarantee that any genetic or other information provided via the Service will be accurate, complete, or conclusive. Once you learn genetic information about yourself, that knowledge may be irreversible and could be upsetting to you or your family.
9. Third-Party Products. From time to time we may make you aware of or facilitate the purchase of third-party products or services (“Third-Party Products”). We do not endorse or warrant any Third-Party Products and make no representations regarding their quality, suitability, or compliance. You are solely responsible for evaluating and using Third-Party Products.
10. Third-Party Fees. Your carrier or platform provider may charge fees for data or network access related to your use of the Service. You are solely responsible for such fees.
11. Location-Based Features. Certain features may rely on location data (e.g., GPS, Wi‑Fi, Bluetooth). Location data may not always be accurate and we disclaim all warranties related to location-based features. You can enable/disable location permissions in your device or app settings; some functionality may not work if disabled.
12. Ownership; Proprietary Rights

The Service, and all content, software, designs, interfaces, and other materials made available by Evo DNA (the “Evo DNA Materials”), are owned by or licensed to Evo DNA and are protected by intellectual property laws. Except for the limited license granted in Section 5(a), no rights are granted to you. You may not copy, modify, create derivative works, reverse engineer, or otherwise exploit the Service or Evo DNA Materials except as expressly permitted by these Terms or applicable law.

7. Accounts; Purchases
8. Accounts. You may need an account to use some features. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use or security breach. Evo DNA may access, preserve, and disclose account information as required by law or as reasonably necessary to: (i) enforce these Terms; (ii) respond to your requests; (iii) provide the Service; or (iv) protect our rights, users, or the public. You may be able to register using third-party services (e.g., social networks). By doing so, you authorize us to obtain certain information from that service consistent with its terms and your privacy settings.
9. Payments; Cancellation. Fees and taxes (if any) for the Service or Products are due when stated. We currently use third-party payment processors and accept the forms of payment indicated at checkout. Except where required by law, fees are non-refundable. To request cancellation of a subscription, contact support@evo-dna.com; cancellations take effect at the end of the then-current billing period.
10. Shipping. Product orders will be shipped to the shipping address you designate at checkout.
11. Refunds, Returns & Cancellations

General. To request a refund or return authorization where permitted, contact support@evo-dna.com with your order number, the items involved, and your reason for the request. Approved refunds will be credited to the original payment method. Please allow a reasonable time for processing.

1. Reports with Existing DNA Upload. If you upload raw DNA data from a third party, reports may be delivered immediately. Once a report has been accessed/viewed, refunds are not available.
2. Reports with an Evo DNA Test Kit. If a refund is requested before a kit ships, we will issue a refund. After a kit ships, refunds are not available for shipped or used kits. For unused kits returned within the return window and meeting our condition requirements below, see “Test Kit Return Policy.”
3. Supplements. Custom supplement packs cannot be refunded once they have entered production, shipped, or been delivered. If a refund is requested before production begins, we will issue a refund.
4. Premium Supplements. Certain premium supplements may have a 30‑day return window if unopened and in resalable condition.
5. Cancellations. Orders are processed quickly. Once submitted, we typically cannot cancel or modify orders. In rare cases we may assist—contact support@evo-dna.com. Changes to subscription (subscribe & save) orders must be made at least three (3) days before the processing date.
6. Standard Return Policy (Non‑Kit Products). Unless otherwise stated, you may return eligible products within 30 days of purchase for a refund of the purchase price, less shipping/handling and any disclosed outbound shipping costs for “free shipping” promotions. Items must be unused, unopened, and undamaged. We do not accept returns for orders shipped outside the United States. If you purchased from a reseller (e.g., Amazon), contact the reseller about its return policy.
7. How to Return. All returns require prior authorization. Email support@evo-dna.com with your order number, items, name, and telephone number. After inspection confirming acceptable condition (unused, unopened, undamaged, untampered), a refund will be issued. Items not meeting these conditions will not be refunded.
8. Delivery and Damaged Shipments. Inspect deliveries upon receipt. Note any visible damage on the carrier’s receipt. For concealed damage, keep all packaging and contact us promptly at support@evo-dna.com.
9. Test Kit Return Policy. Unused Evo DNA test kits may be returned within 30 days of purchase in accordance with sections 8(f)–(g). Used, opened, or damaged kits are not eligible for refund.
10. PayPal Refund Window. If you paid via PayPal, refund requests must be initiated within PayPal’s permitted time window (currently 180 days from purchase, subject to PayPal’s policy). After that window, refunds via PayPal may not be available.
11. Passwords and Security

You are responsible for safeguarding your account credentials. Evo DNA is not liable for losses arising from unauthorized use of your account. Notify us immediately of any suspected compromise.

10. Links; Third‑Party Sites; Integrated Services

The Service may contain links to third‑party websites or services (“Reference Sites”). We do not control and are not responsible for Reference Sites. Your use of Reference Sites is at your own risk and subject to their terms and policies.

11. Availability

We may modify, suspend, or discontinue the Service or any content or feature at any time without notice. We are not obligated to update materials on the Service.

12. Prohibited Conduct

You agree not to:

1. use the Service for unlawful purposes or in violation of these Terms;
2. copy, distribute, publicly perform/display, sell, or exploit any part of the Service other than for your personal use;
3. use cheats, bots, exploits, or unauthorized third‑party tools;
4. introduce viruses, malware, or place an unreasonable load on the Service;
5. bypass, disable, or interfere with security or access features;
6. access accounts, systems, or networks without authorization;
7. use any automated means (e.g., scraping, crawling) without our prior written consent;
8. frame or use meta tags or hidden text using Evo DNA’s trademarks without consent;
9. reverse engineer, decompile, or create derivative works except where permitted by law;
10. impersonate any person or entity or misrepresent your affiliation;
11. allow minors to use your account or permit use by anyone under 13;
12. maintain more than one account or create accounts using false information;
13. collect or publish another person’s private information without consent;
14. upload tracking/collection mechanisms without authorization;
15. misuse support channels or submit abusive communications; or
16. engage in conduct that we determine conflicts with the spirit or intent of the Service.

13. Feedback

If you provide feedback, suggestions, or ideas (“Feedback”), you grant Evo DNA a perpetual, irrevocable, worldwide, royalty‑free license to use and exploit the Feedback without restriction or attribution. You represent that you have rights to provide the Feedback and that it does not infringe third‑party rights. For clarity, you retain the ability to use your Feedback for your personal, non‑commercial purposes that do not compete with our use.

14. Enforcement; Termination

We may suspend or terminate your access to the Service (in whole or part) at any time, with or without notice, for any reason or no reason, including violations of these Terms. We may also pursue any remedies available at law or in equity.

15. Indemnification

You agree to indemnify and hold harmless Evo DNA and its affiliates, officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from your: (i) use or misuse of the Service; (ii) violation of these Terms; (iii) violation of any rights of a third party; or (iv) unauthorized use of your account.

16. Disclaimers

THE SERVICE AND ALL INFORMATION, CONTENT, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVO DNA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR‑FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EVO DNA OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, EVO DNA’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF USD $100 OR 50% OF THE FEES YOU PAID TO EVO DNA FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

18. Jurisdiction‑Specific Limits; Basis of the Bargain

Some jurisdictions do not allow limitations on implied warranties or the exclusion/limitation of certain damages. If those laws apply, the above disclaimers and limitations may not apply to you. You agree that the warranty disclaimers and liability limitations are fundamental elements of the bargain between you and Evo DNA.

19. DMCA Notice

If you believe content on the Service infringes your copyright, please send a compliant DMCA notice to our designated agent:

DMCA Agent
Evo DNA, Inc.

Email: info@evo-dna.com

Your notice must include: (i) a physical/electronic signature of the copyright owner or authorized agent; (ii) identification of the copyrighted work claimed to be infringed; (iii) identification of the allegedly infringing material with sufficient detail for us to locate it; (iv) contact information; (v) a statement of good‑faith belief that use is not authorized; and (vi) a statement under penalty of perjury regarding the accuracy of the information and your authority to act. Upon proper notice, we will act expeditiously consistent with the DMCA.

20. Arbitration Agreement & Class Action Waiver
21. Agreement to Arbitrate. You and Evo DNA agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, “Disputes”) will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may: (i) bring an individual action in small claims court; and (ii) seek injunctive or other equitable relief in court for alleged infringement or misappropriation of intellectual property rights. The Federal Arbitration Act governs interpretation and enforcement of this Section.
22. Class Action Waiver. YOU AND EVO DNA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
23. Procedures; Rules. Arbitration will be conducted by a single, neutral arbitrator. The arbitrator will apply the internal laws of the State of Florida (without regard to conflict-of-laws principles) consistent with the FAA and applicable statutes of limitations, and may award any relief available in court (except punitive or exemplary damages to the extent disclaimed herein). Before initiating arbitration, the parties agree to attempt in good faith to resolve the Dispute within 60 days after written notice.
24. Venue; Hearings. The arbitration will take place in Broward County, Florida, or another location mutually agreed by the parties. If the value of relief sought is $10,000 or less, either party may elect arbitration to be conducted based on written submissions and/or by teleconference, subject to the arbitrator’s discretion.
25. Confidentiality. The parties agree to maintain the confidentiality of the arbitration proceedings and award, except as required by law.
26. Fees. Payment of AAA fees will be governed by the AAA Rules. Each party bears its own attorneys’ fees unless applicable law provides otherwise.
27. Severability. If the Class Action Waiver is found unenforceable, this Section 20 shall be null and void in its entirety. If any other provision of this Section is found unenforceable, the remainder will remain in effect.
28. Miscellaneous
29. Notices. We may provide notices by email, postal mail, or postings on the Service. You must keep your contact information current. You may provide notices to us at info@evo-dna.com or by mail to: Evo DNA, Inc., [Insert Full Address].
30. Governing Law; Jurisdiction. These Terms are governed by the laws of the State of Florida without regard to its conflicts rules. Subject to the arbitration agreement, you consent to exclusive jurisdiction and venue in the state and federal courts located in Broward County, Florida.
31. Waiver. Any waiver must be in writing and signed by the waiving party. Failure to enforce any provision is not a waiver.
32. Severability. If any provision is unlawful, void, or unenforceable, it will be deemed severed and will not affect the validity of the remaining provisions.
33. Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
34. No Agency. No joint venture, partnership, employment, or agency relationship exists between you and Evo DNA as a result of these Terms or your use of the Service.
35. Headings. Headings are for convenience only and do not affect interpretation.
36. Entire Agreement; Limitation Period. These Terms (including incorporated policies) are the entire agreement between you and Evo DNA regarding the Service, and supersede all prior or contemporaneous communications on that subject. Any claim arising out of or related to the Service must be filed within one (1) year after the claim accrued.

Platform / Application Consent

Last updated: September 29, 2025

This Platform Consent explains how the Evo DNA Application works and describes benefits, risks, and limitations. Capitalized terms have the meanings given in the Terms of Use or Privacy Policy.

Key Terms

• Evo DNA Products: Insights, reports, supplements, meals, and other offerings that may use portions of your Genetic Information.
• Genetic Information: Your genotype data and interpretations derived from files you upload or otherwise provide.
• Self‑Reported Information: Non‑genetic data you provide (e.g., wellness, lifestyle, ethnicity, behaviors).
• Evo DNA Application: The Evo DNA website (including my.evo-dna.com) and processes used to store and process your Genetic Information.

Purpose

Evo DNA aims to help people understand themselves using genetics-informed insights. Through the Application you can purchase and use Evo DNA Products, each of which will describe what information it uses and what you can expect to receive.

Using the Application

• Uploading Your Genetic File. To use genetics-driven features, you must upload your genetic file in a supported format.
• Selecting Products. You choose which Products to use and, by doing so, authorize the use of relevant portions of your Genetic Information for that Product’s features.
• Self‑Reported Information. We may ask for additional information (e.g., surveys) to personalize insights or support features. Providing such information is optional but may improve your experience.

Quality, Research, and Aggregation

To improve the Application, Evo DNA may combine de‑identified Genetic Information and Self‑Reported Information from many users into aggregated datasets (“Aggregated Genetic Information”). Aggregated datasets do not contain information reasonably capable of identifying you. We use these datasets for internal purposes, business analytics, and to enhance the Application. See our Privacy Policy for more details.

Closing Your Account

You may stop using the Application at any time and may request account closure as described in the Terms of Use and Privacy Policy. Closing your account will remove access to your Products and stored data within the Application going forward. We retain archived records as required by law and our retention policies. If you later return, you will need to create a new account and re‑upload your genetic file.

Benefits

You may learn information about yourself that is educational or interesting and that could inform wellness‑related decisions. Benefits vary by user and by Product, and may evolve as additional Products become available.

Risks

You may learn information you did not anticipate and may find upsetting. Because relatives share DNA, results may have implications for family members. Consider consulting a physician, genetic counselor, or mental health professional. Laws such as the Genetic Information Nondiscrimination Act (GINA) limit certain uses of genetic information by employers and health insurers, but do not apply to all entities (e.g., life, long‑term care, or disability insurers). Know your state’s laws and share your information cautiously.

There is a risk of unauthorized access to data despite our safeguards. We may disclose information when legally compelled (see Privacy Policy). Each Product has specific limitations and risks—review them carefully.

Limitations

• Evo DNA stores your genotype file; some insights may require data your file does not contain.
• Genetics is only part of the picture; environment and lifestyle often play larger roles.
• Most traits are probabilistic, not deterministic.
• Knowledge evolves; we may update interpretations as science advances.
• Not all risk variants or genes are included, and errors can occur in third‑party sequencing or during ingestion. We employ quality controls but cannot guarantee perfection.
• In some cases, we may be unable to read or process your file due to format or technical constraints.

For questions, contact info@evo-dna.com

Mobile Message Service Terms & Conditions

Last updated: September 29, 2025

Evo DNA, Inc. (“Evo DNA,” “we,” “us,” “our”) offers a mobile messaging program (the “Program”). By opting in, you agree to these Mobile Messaging Terms and our Privacy Policy. This Agreement applies only to the Program.

User Opt‑In

You may opt in via online forms or other application‑based enrollment methods. By participating, you consent to receive autodialed or prerecorded marketing messages at the phone number you provide. Consent is not required to purchase. Message and data rates may apply. We do not represent that messages are sent via an automatic telephone dialing system in all cases.

User Opt‑Out

To stop receiving messages, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message. You may receive a confirmation message. These are the only supported opt‑out methods. Requests made by other means (including verbal requests) may not be effective.

Description; Cost; Frequency

Service‑related messages may include updates, alerts, and information (e.g., orders, accounts). Promotional messages may include offers and promotions. Message frequency varies and may be recurring.

Support

Text HELP for help or email info@evo-dna.com. (Email is not an opt‑out mechanism.)

MMS Disclosure

If your device does not support MMS, we may send SMS instead.

Program Disclaimer

The Program is provided “as is.” Delivery is subject to your carrier and network; carriers are not liable for delayed or undelivered messages. We are not responsible for delays or failures in message delivery.

Participant Requirements

You must have a two‑way messaging‑capable device with a participating carrier and an active text plan. Not all carriers support all Program features.

Age Restriction

You may not use or engage with the Program if you are under 13. If you are 13–17, you must have parental or guardian permission.

Prohibited Content

You agree not to transmit prohibited content, including: (i) fraudulent, defamatory, threatening, or harassing content; (ii) obscene or discriminatory content; (iii) malicious code; (iv) unlawful products/services; (v) content implicating protected health information under HIPAA/HITECH; or (vi) any content prohibited by applicable law.

Dispute Resolution (SMS Program)

Any dispute arising out of or relating to the Program will be resolved by binding arbitration consistent with the Arbitration Agreement & Class Action Waiver in Section 20 of the Terms of Use. Venue for any in‑person hearing will be Broward County, Florida, unless otherwise required by law. The parties waive jury trial to the extent permitted by law. This provision survives termination of your participation.

Miscellaneous (SMS Program)

You represent that you have authority to agree to these terms and that your participation does not breach other agreements. Failure to enforce any provision is not a waiver. If any term is invalid or unenforceable, the remainder remains in effect. We may change these terms from time to time; updates will be communicated as appropriate. Your continued participation constitutes acceptance of the modified terms.

Privacy

For more information, review our Privacy Policy (or updated location as posted on the Service).