Effective Date: October 15, 2021
These “Membership Terms” govern your use of any of 23andMe’s 23andMe+® membership services (as defined below). 23andMe, Inc.’s principal place of business is located at 349 Oyster Point Blvd, South San Francisco, CA 94080, United States of America (“23andMe,” “us,” “we,” or “our”). Our Terms of Service more broadly govern your use of all of our Services, including the 23andMe+ membership services, the terms of which are incorporated herein (collectively, the Membership Terms and Terms of Service are the “Terms”). Please read our Terms of Service carefully—they include important provisions, including limitations on our liability, and where permitted by applicable law, and for users who are not residents of the province of Quebec, Canada, an arbitration agreement, and a class action waiver.
All capitalized terms not defined in these Membership Terms have the respective meanings set forth in our Terms of Service. To the extent any provision of these Membership Terms conflicts with any provision of our Terms of Service, these Membership Terms will supersede our Terms of Service to the extent of the conflict only.
Please note that we will only use your Personal Information in accordance with our Privacy Statement. Please read our Privacy Statement carefully.
BY PURCHASING OR USING ANY OF OUR MEMBERSHIP SERVICES, YOU ARE AGREEING TO THESE MEMBERSHIP TERMS AND OUR TERMS OF SERVICE.
1. MEMBERSHIP SERVICES
23andMe+ (the “membership services”) provides exclusive access to personalized health reports, insights and advanced product features.
2. ORDERS AND FORMING YOUR SUBSCRIPTION
- You must be at least the age of majority in the jurisdiction in which you are located in order to place an order with us for the membership services.
- You will need to register an account with us on the 23andMe website or via the mobile app (collectively, the “Site”) in order to access the 23andMe+ membership services ("Account"). 23andMe may also offer a guest checkout flow on the Site which can be used to purchase access to the 23andMe+ membership services for a third party. If you register an Account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures.
- Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate. The order process is only available in the English language and we will not file a copy of any contract formed between you and us.
- Your order for the 23andMe+ membership services is an offer by you to enter into a subscription with us. We will confirm our acceptance of your order by sending you a confirmation email (the "Confirmation Email"). These Terms and the order will become legally binding on you and us when you place your order and each order shall incorporate the Terms and shall be a new and separate contract between you and us.
3. Free Trial
From time to time, we may offer you free trials of our 23andMe+ membership services. Unless you cancel your 23andMe+ membership prior to the end of your free trial, you will automatically become a paying user for the respective service. The payment method that you provided will automatically be charged the current 23andMe+ membership fee either monthly, quarterly, biannual or annually (depending on the 23andMe+ membership services model you selected at the time you registered), unless you cancel before the next billing cycle. If you wish to cancel or modify your 23andMe+ membership after the end of your free trial period or at any time during your 23andMe+ membership, you may do so by logging into your account from within your 23andMe Account Settings and following the cancellation or modification instructions at least one day before the next billing cycle.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL, MODIFY, OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU. WHERE REQUIRED BY APPLICABLE LAW, OR AT OUR DISCRETION, WE WILL PROVIDE YOU WITH NOTICE PRIOR TO THE RENEWAL OF THIS AGREEMENT.
Plans and Pricing. The Fees for 23andMe+ membership services will be stated at the time of your purchase or sign-up, as applicable. All Fees will be assessed in the applicable currency of the user’s country of residence. For example, Fees for US users will be in USD while Fees for Canadian users will be in CAD and Fees for UK users will be in GBP. Fees are billed at the start of the membership period you have selected, and at the start of each new billing period until you cancel. For example, if you select a monthly membership, you will be billed at the start of each month until you cancel. If you select a quarterly, biannual, or yearly membership, you will be billed at the start of each quarter, half year, or year. In each case the billing period will commence on the date you first receive access to the services, and will continue for the specified period at which point, unless you have terminated, you will be billed again and the Terms will renew in accordance with the plan you selected. We reserve the right to change our 23andMe+ membership plans or adjust pricing for our 23andMe+ membership services in any manner and at any time as we may determine in our sole and absolute discretion, on advance notice to you. Except as otherwise expressly provided for in these Membership Terms, any price changes or changes to the 23andMe+ membership services plan will take effect following notice to you and would apply prospectively on your next renewal payment. If you do not wish to continue the subscription to the 23andMe+ membership services following any price changes or changes to your 23andMe+ membership services plan, you can cancel your subscription in accordance with Section 4(c).
Payment Method. To use the 23andMe+ membership services, you must provide a current, valid, accepted method of payment, and to update such payment method, as may be required from time to time. You authorize 23andMe to charge any payment method associated with your Account for payment of the 23andMe+ membership services. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend access to the 23andMe+ membership services until we have successfully charged a valid payment method. For some payment methods, the issuer may charge you certain fees, including processing fees. Check with your payment method service provider for details. 23andMe is not responsible for those fees.
Cancellation; Effect of Cancellation. You can cancel 23andMe+ membership services at any time from within your 23andMe Account Settings. Upon the earlier of the: (i) end of the current 23andMe+ membership period following your cancellation of the 23andMe+ membership services, or (ii) closure of your 23andMe Account, you will no longer have access to the 23andMe+ membership services content, including any genetic reports provided as part of the 23andMe+ membership services.
No Refunds. Except as may be required by applicable law, payments are non-refundable and there are no refunds or credits for partially used 23andMe+ membership periods. If, however, you cancel the 23andMe+ membership services, you will continue to have access to your 23andMe+ membership services until the end of the applicable 23andMe+ membership period.
Term. These Membership Terms will continue to apply until terminated by either you or 23andMe as set out in this Section.
Termination. 23andMe may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of these Membership Terms (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of these Membership Terms); (2) 23andMe is required to do so by law (for example, where the provision of the 23andMe+ membership services to you is, or becomes, unlawful); (3) 23andMe is transitioning to no longer providing the 23andMe+ membership services to users in the country, state or other jurisdiction in which you reside or from which you use the 23andMe+ membership services; or (4) the provision of the 23andMe+ membership services to you by 23andMe is, in 23andMe's opinion, no longer commercially viable. With respect to subdivision (3) and (4) above, we will, where possible, provide you with at least sixty (60) days’ advance notice of our decision to terminate.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the 23andMe+ membership services may be referred to appropriate law enforcement authorities. You acknowledge and agree that 23andMe shall not be liable to you or any third party for any termination of your access to the 23andMe+ membership services in such circumstances.
6. Changes to these Membership Terms
23andMe may make changes to all or any part of these Membership Terms from time to time, and at any time. Without limitation, these changes may include changes to the 23andMe+ membership services, the price at which the membership services are offered, the renewal structure and term, and eligibility requirements.
We will provide you with at least thirty (30) days' advance notice of any such amendments by sending a message to the email address (or other contact information at our discretion) associated with your account, and as applicable, posting a notice and a new copy of the Membership Terms on our Site. You many refuse the amendment and cancel your Account without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after you receive notice of the new terms. Unless you notify us within thirty (30) days from the time you receive notice of the amendment that you do not agree to the new terms, you will be deemed to have agreed to the revised Membership Terms. If any change to these Membership Terms is unacceptable to you, you may stop using our 23andMe+ membership services and delete your Account at any time. You acknowledge and agree that if you use the 23andMe+ membership services after the date on which the Membership Terms have changed, 23andMe will treat your use as acceptance of the revised Membership Terms.