1. INTRODUCTION
1.1 Smart Salem Medical Center 3 FZ LLC, a company registered under the laws of the United Arab Emirates, with registered office at GO9A, Block No. 12, Dubai Knowledge Park, Dubai, UAE, PO Box 25031, license number 101110 (“Smart Salem”), makes available a white-labelled DNA wellness platform, related digital interface, DNA sample collection experience, and associated customer-facing services under the Smart Salem DNA brand or such other brand name as Smart Salem may use from time to time.
1.2 The Smart Salem DNA platform, digital reporting interface, DNA kit fulfilment, laboratory coordination, genetic analysis workflow, digital reporting workflow, data processing infrastructure, and related technical services are powered, enabled, processed, and/or fulfilled by BioCertica Inc., a company incorporated under the laws of Delaware, United States of America, file number 3454858, with business address at 1013 Centre Road, Suite 403-A, Wilmington, DE 19805, USA (“BioCertica”).
1.3 Smart Salem is the customer-facing service provider in the United Arab Emirates. BioCertica acts as Smart Salem’s technical platform provider, laboratory coordination partner, genetic reporting provider, technology partner, fulfilment partner, and/or data processor, as applicable. References in these Terms to “we”, “us” or “our” may refer to Smart Salem, BioCertica, and/or their authorised service providers, depending on the context and the function being performed.
1.4 These Terms of Service (“Terms”) govern your access to and use of the Smart Salem DNA platform, the DNA test kit, the DNA sample collection process, the digital reporting interface, the genetic wellness reports, any related support services, and any other products or services made available to you under the Smart Salem DNA offering (“Products and Services”).
1.5 These Terms must be read together with the Smart Salem DNA Privacy Policy, the informed consent form, any patient consent documentation, any Smart Salem patient-facing documentation, any product-specific consent prompts, and any other notice or policy made available to you before or during your use of the Products and Services.
1.6 By registering for, purchasing, accessing, using, or consenting to the Products and Services, you confirm that you have read, understood, accepted, and agreed to be bound by these Terms, the Privacy Policy, and the applicable consent documents.
1.7 THESE TERMS CONTAIN IMPORTANT PROVISIONS THAT LIMIT THE LIABILITY OF SMART SALEM, BIOCERTICA, THEIR AFFILIATES, SERVICE PROVIDERS, LABORATORIES, TECHNOLOGY PROVIDERS, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS. THESE TERMS ALSO CONTAIN PROVISIONS UNDER WHICH YOU CONSENT TO THE EXPORT OF YOUR BIOLOGICAL SAMPLE, PERSONAL DATA, HEALTH DATA, GENETIC DATA, AND RELATED INFORMATION OUTSIDE THE UNITED ARAB EMIRATES, INCLUDING TO THE UNITED STATES OF AMERICA, SOUTH AFRICA, THE EUROPEAN UNION, AND/OR ANY OTHER JURISDICTION WHERE AN APPROVED LABORATORY, TECHNOLOGY PROVIDER, CLOUD PROVIDER, LOGISTICS PROVIDER, OR SERVICE PROVIDER IS LOCATED.
1.8 IF YOU DO NOT AGREE TO THESE TERMS, THE PRIVACY POLICY, OR THE APPLICABLE INFORMED CONSENT DOCUMENTATION, YOU MUST NOT USE THE PRODUCTS AND SERVICES.
2. IMPORTANT NON-DIAGNOSTIC WELLNESS NOTICE
2.1 The Products and Services are intended to provide non-diagnostic lifestyle, wellness, trait, ancestry, nutrition, fitness, weight management, metabolic, pharmacogenomic, skincare, mindfulness, and other genetic wellness insights based on the product or report package selected by you or made available to you.
2.2 The Products and Services are not intended to diagnose, treat, cure, prevent, monitor, or manage any disease, disorder, medical condition, emergency medical condition, or clinical condition.
2.3 The Products and Services are not a substitute for consultation with a licensed physician, genetic counsellor, pharmacist, dietician, healthcare professional, or other appropriately qualified professional.
2.4 BioCertica is not providing medical diagnosis, medical treatment, clinical care, emergency care, or licensed medical services to you. Any medical consultation, medical interpretation, clinical advice, diagnosis, treatment decision, prescription decision, or healthcare service must be provided separately by Smart Salem or another appropriately licensed healthcare professional or healthcare facility.
2.5 You must consult a licensed healthcare professional before making any medical, dietary, supplement, medication, exercise, lifestyle, reproductive, mental health, or other health-related decision based on your report.
2.6 YOUR TEST RESULTS MAY INDICATE GENETIC ASSOCIATIONS, PREDISPOSITIONS, TRAITS, OR WELLNESS-RELATED INSIGHTS. THEY DO NOT CONFIRM THAT YOU HAVE, WILL DEVELOP, OR WILL NOT DEVELOP ANY PARTICULAR MEDICAL CONDITION.
3. DEFINITIONS
3.1 In these Terms, unless the context indicates otherwise:
3.1.1 “Applicable Law” means all laws, regulations, decrees, rules, orders, directives, regulatory guidance, consumer protection laws, data protection laws, healthcare laws, professional rules, import/export laws, customs requirements, and other legal requirements applicable to the Products and Services, including where applicable the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates.
3.1.2 “Authorised Service Provider” means any laboratory, logistics provider, courier, cloud service provider, technology provider, customer support provider, data hosting provider, professional adviser, subcontractor, affiliate, or other third party used by Smart Salem or BioCertica to provide, support, analyse, process, fulfil, secure, maintain, or improve the Products and Services.
3.1.3 “BioCertica Content” means all content, materials, software, algorithms, reports, workflows, genetic interpretation logic, scientific content, data models, scoring methodologies, technical information, product content, report modules, databases, digital interfaces, platform components, trademarks, know-how, trade secrets, documentation, communications, and other intellectual property created, owned, licensed, developed, or used by BioCertica.
3.1.4 “Business Day” means any day other than a Saturday, Sunday, or public holiday in the Emirate of Dubai or the United Arab Emirates. For operational purposes, the ordinary business week is Monday to Friday, unless otherwise communicated to you.
3.1.5 “DNA Sample” means the biological sample, saliva sample, cheek swab, buccal swab, or other sample provided by you or collected from you for the purpose of performing the selected Test.
3.1.6 “Genetic Data” means personal data relating to inherited or acquired genetic characteristics, genetic markers, genetic variants, genotype information, raw genetic data, interpreted genetic data, inferred genetic data, report data, or any other information derived from the analysis or processing of your DNA Sample.
3.1.7 “Informed Consent” means the consent, authorisation, permission, and acknowledgement provided by you or your lawful representative in relation to the collection, processing, transfer, export, analysis, storage, reporting, disclosure, and use of your DNA Sample, Personal Data, Health Data, Genetic Data, and related information.
3.1.8 “Intellectual Property Rights” means all intellectual property rights, whether registered or unregistered, including patents, trade marks, trade names, logos, copyrights, software rights, database rights, design rights, know-how, trade secrets, proprietary information, algorithms, workflows, methods, models, documentation, data compilations, improvements, adaptations, and all associated goodwill.
3.1.9 “Partner Wellness Merchant” means any approved wellness, lifestyle, supplement, nutrition, fitness, pharmacy, health product, or related provider with which Smart Salem or BioCertica may contract to provide optional value-added services, subject to your consent and Applicable Law.
3.1.10 “Personal Data” means any information relating to an identified or identifiable person, including name, surname, contact details, date of birth, account details, questionnaire data, health-related data, Genetic Data, sample identifiers, barcodes, consent records, payment records, and service usage information.
3.1.11 “Platform” means the Smart Salem DNA white-labelled digital platform, mobile application, website, portal, reporting interface, account interface, customer support interface, and related digital infrastructure powered, supplied, hosted, supported, or fulfilled by BioCertica.
3.1.12 “Products and Services” means the Smart Salem DNA products and services, including the Test Kit, DNA Sample collection process, sample logistics, laboratory coordination, genetic analysis, digital report generation, Platform access, customer support, technical support, and any related services.
3.1.13 “Report” or “Test Result” means the digital report generated from the analysis, interpretation, processing, or reporting of your DNA Sample in accordance with the selected product or report package.
3.1.14 “Smart Salem” means Smart Salem Medical Center 3 FZ LLC.
3.1.15 “Test” means the DNA test, genetic analysis, reporting workflow, or wellness report module selected by you or made available to you.
3.1.16 “Test Kit” means the DNA collection kit supplied or made available to you for the purpose of collecting a DNA Sample.
3.1.17 “Value-Added Services” means optional additional services, offerings, recommendations, consultations, product recommendations, supplement recommendations, wellness insights, partner services, or related services that may be made available to you through Smart Salem, BioCertica, or a Partner Wellness Merchant.
3.2 Words in the singular include the plural and vice versa.
3.3 Headings are for convenience only and do not affect the interpretation of these Terms.
4. WHITE-LABEL PLATFORM STRUCTURE
4.1 You acknowledge and agree that the Smart Salem DNA interface is a white-labelled platform powered and fulfilled by BioCertica.
4.2 Smart Salem may present the Platform, Products and Services under its own name, trade marks, customer experience, patient experience, and brand identity.
4.3 BioCertica remains the owner or authorised licensee of the underlying technology, reporting infrastructure, algorithms, scientific content, genetic interpretation workflows, report modules, platform logic, data models, and related Intellectual Property Rights.
4.4 Smart Salem is responsible for the customer-facing relationship with you in the United Arab Emirates, including local patient-facing communications, customer onboarding, payment collection where applicable, local facility services where applicable, and any clinical or healthcare service provided by Smart Salem or its licensed professionals.
4.5 BioCertica is responsible for the technical platform, reporting infrastructure, laboratory coordination, data processing, genetic analysis workflow, digital reporting workflow, and support functions that BioCertica agrees to provide to Smart Salem.
4.6 Your use of the Smart Salem DNA white-labelled Platform is subject to these Terms, the Privacy Policy, and the relevant BioCertica platform rules, security rules, consent prompts, and service limitations.
5. ACCESS TO THE PLATFORM AND PRODUCTS AND SERVICES
5.1 You may only use the Platform and the Products and Services if you are legally permitted to do so and if you have provided all required information, consents, and authorisations.
5.2 You may be required to complete a registration process, create an account, provide identity or contact information, provide health or lifestyle questionnaire information, provide consent, complete verification steps, and/or receive login credentials.
5.3 Access may include single sign-on, email verification, mobile number verification, PIN selection, identity verification, facial recognition, biometric authentication, or any other security method reasonably required by Smart Salem or BioCertica.
5.4 We may update, modify, suspend, improve, or discontinue any part of the Platform or the Products and Services from time to time.
5.5 If you do not use the latest version of the Platform, your access to the Platform or the Products and Services may be restricted, suspended, or unavailable.
5.6 We may update these Terms from time to time. You may be required to accept updated Terms before continuing to use the Platform or the Products and Services.
5.7 If you do not accept updated Terms, your access to the Platform or the Products and Services may be suspended or terminated, subject to any rights you may have under Applicable Law.
5.8 If you are under the age of 18, or if you do not have legal capacity to consent, you may only use the Products and Services with the consent of your parent, legal guardian, or other lawful representative.
5.9 Where a parent, legal guardian, or lawful representative consents on behalf of another person, that person warrants that they are legally authorised to provide such consent, that the information provided is accurate, and that the DNA Sample belongs to the person identified in the registration or consent process.
5.10 The Products and Services are intended for personal use and must not be used to obtain genetic information of any third party without lawful authority and valid consent.
5.11 You warrant that you are not using the Products and Services as an employer, insurer, government authority, law enforcement authority, investigator, school, sports organisation, immigration authority, or any other third party seeking to obtain Genetic Data about another person without lawful authority.
5.12 Employers, insurers, institutions, commercial partners, and third parties wishing to conduct third-party testing must enter into separate written agreements with Smart Salem and/or BioCertica and must comply with Applicable Law.
6. INFORMED CONSENT AND USER-DIRECTED CROSS-BORDER EXPORT OF SAMPLE AND DATA
6.1 By using the Products and Services, you expressly request, authorise, and consent to the collection, processing, packaging, storage, export, import, transport, transfer, analysis, reporting, and use of your DNA Sample, Personal Data, Health Data, Genetic Data, questionnaire responses, account data, contact information, consent records, and related information as necessary to provide the Products and Services.
6.2 You expressly request and consent to Smart Salem, through BioCertica and its Authorised Service Providers, exporting, transferring, processing, analysing, hosting, storing, or otherwise making available your DNA Sample, Personal Data, Health Data, Genetic Data, and related information outside the United Arab Emirates.
6.3 The jurisdictions to which your DNA Sample, Personal Data, Health Data, Genetic Data, and related information may be exported, transferred, processed, analysed, hosted, or stored include the United States of America, South Africa, the European Union, the United Arab Emirates, and any other jurisdiction where BioCertica, Smart Salem, an approved laboratory, courier, cloud provider, technology provider, logistics provider, support provider, or other Authorised Service Provider is located.
6.4 You acknowledge that the export of your DNA Sample and related data may be necessary because the laboratory, technical platform, data infrastructure, specialist analysis provider, cloud provider, or reporting provider may be located outside the United Arab Emirates.
6.5 You understand and agree that your DNA Sample may be sent to a laboratory selected by BioCertica or Smart Salem, which may be located in the United Arab Emirates, the United States of America, South Africa, the European Union, or elsewhere.
6.6 You expressly consent to your DNA Sample being transported by courier or logistics provider across borders and through customs, border control, import/export processes, and laboratory intake processes.
6.7 You acknowledge that different jurisdictions may have different data protection, privacy, health, laboratory, sample handling, or confidentiality laws from those applicable in the United Arab Emirates.
6.8 We will take reasonable steps to ensure that your Personal Data, Health Data, Genetic Data, and DNA Sample are handled in accordance with applicable privacy, security, confidentiality, contractual, and consent requirements.
6.9 If you do not consent to the cross-border export, transfer, processing, analysis, hosting, storage, or use of your DNA Sample, Personal Data, Health Data, Genetic Data, or related information, we may not be able to provide the Products and Services to you.
6.10 You may withdraw consent where permitted by Applicable Law, but withdrawal of consent may affect our ability to provide, complete, update, maintain, or support the Products and Services. Withdrawal of consent will not affect processing already lawfully carried out before withdrawal.
7. HOW WE USE YOUR DATA
7.1 To provide the Products and Services, we may collect and process Personal Data, Health Data, Genetic Data, DNA Sample information, barcode information, account information, questionnaire data, consent records, device information, payment-related information, customer support communications, and service usage data.
7.2 We process your data for purposes including:
7.2.1 registering your account;
7.2.2 verifying your identity or contact details;
7.2.3 linking your DNA Sample to your account;
7.2.4 arranging sample collection, courier logistics, export, import, and laboratory processing;
7.2.5 performing DNA analysis and report generation;
7.2.6 providing your Report through the Platform;
7.2.7 providing customer support and technical support;
7.2.8 improving the Platform and Products and Services;
7.2.9 maintaining security, audit logs, and fraud prevention;
7.2.10 complying with legal, regulatory, laboratory, customs, tax, accounting, dispute, clinical governance, and recordkeeping obligations;
7.2.11 providing optional Value-Added Services where you consent; and
7.2.12 conducting aggregated, anonymised, de-identified, statistical, scientific, operational, product development, or research activities where permitted by Applicable Law and your consent.
7.3 We may share your data with Smart Salem, BioCertica, Authorised Service Providers, laboratories, couriers, logistics providers, cloud providers, technology providers, customer support providers, professional advisers, regulatory authorities, legal authorities, and Partner Wellness Merchants where necessary, lawful, authorised, or consented to.
7.4 We use Zendesk or a similar support platform to manage customer service, technical support, support tickets, support communications, operational queries, and service requests.
7.5 We may use artificial intelligence tools, including ChatGPT or other AI-enabled systems, to support internal workflows, customer support drafting, technical support, quality assurance, operational analysis, report workflow support, product improvement, administrative assistance, and service efficiency.
7.6 Where AI tools are used, we will take reasonable steps to apply appropriate privacy, confidentiality, security, access control, and data minimisation measures, taking into account the sensitivity of the information and the purpose of the processing.
7.7 We will not knowingly use AI tools to make final autonomous clinical decisions about you.
7.8 We may perform a broader genetic analysis or technical processing workflow than the specific Report you selected, where this is necessary or useful for platform efficiency, laboratory processing, quality control, future report availability, internal analysis, or service improvement.
7.9 You will only receive access to the Report, modules, and insights included in the product or package selected by you or made available to you.
7.10 You acknowledge and agree that additional data, interpretations, or report modules may exist or may be capable of being generated from your DNA Sample or Genetic Data, but you do not have a right to receive such additional information unless it forms part of the Products and Services selected by you, is made available by Smart Salem or BioCertica, and is permitted by Applicable Law and your consent.
7.11 Your Report will remain accessible through the Platform for as long as your account remains active and the service remains available, unless deleted, archived, restricted, or retained in accordance with Applicable Law, the Privacy Policy, or applicable retention requirements.
7.12 Your DNA Sample, biological material, extracted material, raw data, laboratory output, and related data may be retained, destroyed, archived, or stored in accordance with Applicable Law, laboratory requirements, accreditation requirements, clinical governance obligations, consent requirements, dispute requirements, legal retention requirements, and the Privacy Policy.
8. PURCHASING, RECEIVING, AND USING A TEST KIT
8.1 You may receive a Test Kit from Smart Salem, BioCertica, a Smart Salem facility, a courier, an approved collection site, or another approved fulfilment channel.
8.2 The estimated delivery or collection time for a Test Kit may vary depending on location, stock availability, operational capacity, courier availability, customs requirements, public holidays, regulatory processes, and other factors outside our control.
8.3 The Test Kit will contain instructions for use. You must read and follow the instructions carefully.
8.4 If you lose, contaminate, damage, open, destroy, misuse, incorrectly complete, or incorrectly return your Test Kit, or if you fail to follow the instructions, you may be required to provide a replacement sample and/or pay for a replacement Test Kit, courier cost, logistics cost, or other applicable cost.
8.5 You must not remove, alter, tamper with, obscure, damage, duplicate, or misuse the barcode, sample ID, label, packaging, swab tube, or any other identifying component of the Test Kit.
8.6 If the barcode, sample ID, or identifying information is removed, altered, damaged, mismatched, or incorrectly linked, we may be unable to process your DNA Sample or provide a Report.
8.7 We will not be liable for incorrect, delayed, incomplete, failed, or unavailable Reports caused by incorrect sample collection, incorrect sample linkage, barcode tampering, incorrect questionnaire information, contaminated samples, insufficient DNA, courier delays, customs delays, or any other issue not directly attributable to us.
8.8 The Test Kit may be collected at a Smart Salem location, delivered to you, or collected from you by a courier or logistics provider. The applicable collection or delivery process will be communicated to you.
8.9 Risk in the Test Kit and DNA Sample during delivery, collection, transport, export, import, customs processing, courier handling, and laboratory intake is subject to the applicable service process and Applicable Law.
8.10 We will use reasonable efforts to ensure that the Test Kit and DNA Sample are handled appropriately, but we do not guarantee that delivery, collection, shipment, customs clearance, or laboratory intake will be uninterrupted, error-free, or free from delay.
9. SAMPLE FAILURE, RE-TESTS, AND INSUFFICIENT DNA
9.1 A DNA Sample may fail or may be unsuitable for analysis due to insufficient DNA concentration, contamination, incorrect collection, incorrect storage, incorrect transport, incorrect patient linkage, damaged packaging, missing or incorrect barcode information, incomplete consent, incomplete questionnaire information, laboratory intake failure, or other sample-related issues.
9.2 If we cannot generate a Report because of a sample-related failure not attributable to Smart Salem or BioCertica, you may be required to provide a replacement DNA Sample.
9.3 Where the failure is not attributable to Smart Salem or BioCertica, you may be responsible for replacement kit costs, sample recollection costs, courier costs, logistics costs, customs costs, laboratory pass-through costs, or other third-party costs associated with the replacement sample or re-test.
9.4 Where a sample failure is directly attributable to Smart Salem, BioCertica, or their Authorised Service Providers, we will use reasonable efforts to arrange a replacement sample, re-test, refund, or other appropriate remedy, depending on the circumstances and Applicable Law.
9.5 We do not guarantee that every DNA Sample will produce a complete or usable Report.
9.6 If a Report can only be partially generated, we may provide a partial Report containing the information that could reasonably and reliably be processed.
10. PAYMENTS AND FEES
10.1 The price payable for the Products and Services will be communicated to you before purchase, unless your purchase is made through a separate Smart Salem package, corporate arrangement, insurer arrangement, healthcare arrangement, bundled offering, promotional campaign, or other approved channel.
10.2 Payments may be collected by Smart Salem, BioCertica, a payment processor, a professional, an approved partner, or another authorised party, depending on the purchase channel.
10.3 Your bank, card issuer, payment gateway, foreign exchange provider, or payment processor may charge additional fees, transaction fees, foreign exchange fees, administrative fees, or payment processing fees. We are not responsible for those fees.
10.4 You warrant that you are authorised to use the payment method used to pay for the Products and Services and that sufficient funds are available.
10.5 We may verify, authorise, reject, refund, reverse, delay, or cancel a transaction where reasonably necessary for fraud prevention, legal compliance, payment verification, stock control, pricing correction, service availability, or operational reasons.
10.6 We may offer discounts, promotions, bundled offerings, corporate pricing, launch pricing, free trials, or other promotional arrangements from time to time. Additional terms may apply.
10.7 Prices, available packages, payment methods, and promotional offerings may change from time to time, subject to Applicable Law.
10.8 Your order is not final until accepted and confirmed by the relevant service provider or payment processor.
10.9 If a payment is reversed, charged back, dishonoured, disputed, or not received, we may suspend or withhold the Products and Services until payment is resolved.
11. CANCELLATION AND REFUNDS
11.1 Cancellation and refund rights may vary depending on whether you purchased directly from Smart Salem, through BioCertica, through a Smart Salem facility, through a healthcare professional, through an insurer, through an employer-sponsored wellness programme, through a corporate programme, through a promotion, or through another approved channel.
11.2 Where you purchase directly from Smart Salem, Smart Salem’s applicable cancellation and refund policy will apply, subject to these Terms and Applicable Law.
11.3 Where you purchase through a third party, healthcare provider, corporate partner, insurer, employer, or other approved channel, the cancellation and refund rules applicable to that channel may apply.
11.4 You may not be entitled to cancel or receive a refund after your DNA Sample has been processed, laboratory processing has commenced, your Report has been generated, or the Products and Services have been substantially performed.
11.5 If you cancel before the Test Kit is used, opened, collected, or processed, you may be entitled to a refund, subject to Applicable Law, handling fees, logistics fees, payment processing fees, and the applicable refund policy.
11.6 If you cancel after the Test Kit has been delivered or collected but before laboratory processing begins, you may be charged handling fees, courier fees, logistics fees, customs fees, administrative fees, and any other reasonable costs already incurred.
11.7 If your order is cancelled because we are unable to provide the Products and Services due to our fault, you may be entitled to a refund, replacement, re-test, or other appropriate remedy, subject to Applicable Law.
11.8 If we are unable to generate a Report because you failed to follow instructions, provided an insufficient or contaminated sample, provided incorrect information, tampered with the barcode, failed to provide required consent, or otherwise caused the failure, you may not be entitled to a refund.
11.9 Any refund will be processed to the original payment method where possible, unless another method is required or agreed.
11.10 Refund processing times may depend on payment processors, banks, card issuers, internal review, and administrative processes.
11.11 DNA Samples and biological material will not be returned to you after cancellation. They will be handled, retained, destroyed, or archived in accordance with Applicable Law, laboratory requirements, the Privacy Policy, and these Terms.
12. YOUR REPORT
12.1 Your Report will be delivered through the Platform or another approved digital reporting channel.
12.2 We may provide your Report in a secure digital format and may not provide it in alternative formats unless required by Applicable Law or agreed by us.
12.3 Your Report is based on the DNA Sample, questionnaire data, selected product package, available scientific knowledge, selected genetic markers, analytical methods, algorithms, laboratory outputs, statistical methods, and reporting logic available at the time of processing.
12.4 Genetic science, biotechnology, research methods, statistical methods, population reference data, and reporting standards may change over time.
12.5 We may update, amend, enhance, reclassify, revise, or supplement Products and Services and report content from time to time.
12.6 We are not obliged to update your Report after it has been delivered, unless required by Applicable Law or expressly agreed.
12.7 Your Report may become outdated, incomplete, less relevant, or less accurate over time due to changes in science, changes in your health, changes in your lifestyle, changes in data interpretation, changes in product design, or advances in genetic testing.
12.8 We may use imputation, statistical inference, population reference data, genetic association data, algorithmic modelling, or other recognised analytical methods to generate certain insights.
12.9 Where certain markers, variants, or data points cannot be processed or inferred, your Report may omit those insights or include only such information as can reasonably be processed.
12.10 We do not guarantee that your Report will include all possible genetic information, health information, ancestry information, wellness information, pharmacogenomic information, or trait information capable of being derived from your DNA Sample.
13. SHARING YOUR REPORT
13.1 Once your Report is delivered to you, you are responsible for keeping it secure and confidential.
13.2 If you choose to share your Report with any third party, including a physician, pharmacist, dietician, insurer, employer, family member, Partner Wellness Merchant, Smart Salem professional, healthcare professional, supplement provider, wellness provider, or any other person, you do so at your own risk.
13.3 Sharing your Report may have serious implications. Your Report may become part of your medical record, may influence clinical advice, may affect how other parties treat your information, and may have legal, insurance, employment, family, privacy, or other consequences.
13.4 You should ask the relevant professional or third party how your Report will be used, stored, disclosed, and protected before sharing it.
13.5 We are not responsible for any loss, damage, claim, decision, discrimination, misunderstanding, misuse, disclosure, or consequence arising from your decision to share your Report with a third party.
14. REPORT INTERPRETATION AND PROFESSIONAL CONSULTATIONS
14.1 The Products and Services may allow you to request or access additional interpretation, guidance, consultation, or support from Smart Salem, a Smart Salem professional, a BioCertica support specialist, a Partner Wellness Merchant, or another professional.
14.2 BioCertica does not provide medical diagnosis, medical treatment, emergency medical services, clinical care, prescribing services, or physician-patient services.
14.3 If Smart Salem or another licensed healthcare professional provides a consultation, interpretation, medical service, or clinical service, that service is provided by that professional or facility and not by BioCertica.
14.4 BioCertica is not responsible for the professional registration, licensing, designation, clinical judgment, advice, acts, omissions, diagnosis, treatment, prescriptions, recommendations, or conduct of any healthcare professional, unless expressly required by Applicable Law.
14.5 If you have a complaint about a healthcare professional, you should raise it with Smart Salem, the relevant professional body, regulator, or other competent authority.
14.6 If you request that your Report be shared with Smart Salem, a professional, or another approved party for interpretation, you may be required to follow the applicable consent or “share data” prompts on the Platform.
14.7 We may share your Report, enhanced report, questionnaire data, account information, or related information with the selected professional or provider where you consent or where otherwise permitted by Applicable Law.
14.8 The selected professional or provider may have their own terms, privacy notices, consent requirements, fees, consultation rules, cancellation rules, and professional obligations.
14.9 You are responsible for understanding the terms that apply to any separate professional consultation or healthcare service.
14.10 Where a patient-healthcare professional relationship is formed between you and Smart Salem or another healthcare professional, BioCertica is not a party to that relationship.
14.11 You are solely responsible for decisions you make based on the information, interpretation, recommendations, or advice provided by any professional.
14.12 We do not guarantee the availability of any professional, consultation, appointment, interpretation service, or follow-up service.
15. VALUE-ADDED SERVICES
15.1 The Products and Services may include or provide access to optional Value-Added Services.
15.2 Value-Added Services may include supplement recommendations, wellness recommendations, nutrition recommendations, fitness recommendations, product recommendations, lifestyle suggestions, partner offers, personalised wellness services, or other related services.
15.3 You may elect to use Value-Added Services through the Platform or through another approved channel.
15.4 Where you elect to use Value-Added Services, you may be asked to provide separate consent for your Report, Genetic Data, questionnaire data, or other relevant information to be shared with a Partner Wellness Merchant or other approved provider.
15.5 We will not intentionally share your Report with a Partner Wellness Merchant for Value-Added Services without your consent, unless otherwise permitted by Applicable Law.
15.6 Partner Wellness Merchants may analyse your Report or related information to provide recommendations, over-the-counter supplement suggestions, wellness suggestions, or other permitted services.
15.7 Partner Wellness Merchants may have their own terms, privacy notices, disclaimers, refund rules, professional obligations, product rules, and customer service processes.
15.8 We are not responsible for the products, services, advice, recommendations, conduct, regulatory compliance, product quality, availability, refunds, or omissions of Partner Wellness Merchants, unless required by Applicable Law.
15.9 You are solely responsible for deciding whether to follow, purchase, use, or rely on any recommendation, product, supplement, service, or information provided by a Partner Wellness Merchant.
15.10 You should consult an appropriately qualified healthcare professional before using any supplement, medication, health product, or wellness product, especially if you are pregnant, breastfeeding, taking medication, have a medical condition, have allergies, or are under medical supervision.
16. SERVICE LIMITATIONS
16.1 The Products and Services are limited to the product, package, report modules, and service category selected by you or made available to you.
16.2 Your Report will not include every possible genetic insight, variant, trait, health association, disease risk, medication response, ancestry insight, or wellness recommendation.
16.3 You acknowledge and agree that:
16.3.1 the Products and Services are for informational and wellness purposes only;
16.3.2 the Products and Services are not intended to diagnose, treat, cure, prevent, monitor, or manage any disease or medical condition;
16.3.3 providing a DNA Sample does not create a physician-patient relationship between you and BioCertica;
16.3.4 your Report is not medical advice;
16.3.5 your Report should not be used as the sole basis for medical, lifestyle, dietary, supplement, medication, reproductive, mental health, or other health-related decisions;
16.3.6 genetic predisposition does not guarantee that a condition, trait, response, or outcome will occur;
16.3.7 the absence of a reported predisposition does not guarantee that a condition, trait, response, or outcome will not occur;
16.3.8 your Report is based on current scientific understanding and may change over time;
16.3.9 the Products and Services may not be suitable for every person, population group, ancestry background, health status, or use case; and
16.3.10 you should consult a licensed healthcare professional before acting on your Report.
16.4 We will not be liable for any loss, damage, claim, decision, injury, or consequence arising from actions taken by you or a third party based on your Report, except to the extent such liability cannot be excluded under Applicable Law.
17. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
17.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
17.2 WE DO NOT WARRANT THAT THE PLATFORM OR PRODUCTS AND SERVICES WILL BE FREE FROM DEFECTS, ERRORS, INTERRUPTIONS, DELAYS, SECURITY INCIDENTS, DATA LOSS, OR TECHNICAL ISSUES.
17.3 WE DO NOT WARRANT THAT:
17.3.1 the Platform or Products and Services will meet your personal requirements;
17.3.2 the Platform or Products and Services will operate in every device, browser, operating system, network environment, or technical configuration;
17.3.3 the Platform or Products and Services will be uninterrupted or error-free;
17.3.4 all errors or defects will be corrected;
17.3.5 every DNA Sample will produce a complete Report;
17.3.6 your Report will be clinically actionable;
17.3.7 your Report will be suitable for diagnosis, treatment, medical management, insurance, employment, legal, immigration, forensic, or reproductive decision-making; or
17.3.8 any third-party provider, professional, courier, laboratory, cloud provider, payment provider, or support provider will perform without delay, error, or interruption.
17.4 No representations or warranties are made regarding the accuracy, completeness, timeliness, reliability, suitability, or fitness for a particular purpose of any information provided through the Platform or Products and Services, except to the extent required by Applicable Law.
17.5 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMART SALEM, BIOCERTICA, THEIR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, LABORATORIES, TECHNOLOGY PROVIDERS, CONTRACTORS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, OR SIMILAR DAMAGES.
17.6 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR:
17.6.1 your misuse of the Products and Services;
17.6.2 your failure to follow Test Kit instructions;
17.6.3 your provision of incorrect, incomplete, or misleading information;
17.6.4 sample contamination, insufficient DNA, incorrect sample linkage, or barcode errors not caused by us;
17.6.5 courier delays, customs delays, import/export issues, border delays, or logistics failures outside our reasonable control;
17.6.6 third-party laboratory delays or failures outside our reasonable control;
17.6.7 third-party platform, cloud, payment, support, AI, or technology failures outside our reasonable control;
17.6.8 unauthorised access caused by your failure to protect your account, device, password, email, phone, or login credentials;
17.6.9 your sharing of your Report with any third party;
17.6.10 decisions made by you or others based on your Report;
17.6.11 services, products, advice, or recommendations provided by Partner Wellness Merchants or healthcare professionals;
17.6.12 changes in science, technology, interpretation standards, product design, or reporting logic after your Report is generated; or
17.6.13 any event outside our reasonable control.
17.7 We will not be liable for any claim or loss arising from anyone else gaining unlawful access to the Platform where such access is not caused by our breach of Applicable Law or our gross negligence or wilful misconduct.
17.8 We will not be liable for acting on an instruction that reasonably appears to have been received from you, your account, your authorised representative, or your verified communication channel.
17.9 To the fullest extent permitted by Applicable Law, our total aggregate liability to you for all claims arising out of or in connection with the Platform, Products and Services, these Terms, or your Report shall be limited to the amount paid by you for the specific Product or Service giving rise to the claim, or such higher amount as may be required by Applicable Law.
17.10 Nothing in these Terms excludes or limits liability to the extent that such exclusion or limitation is not permitted under Applicable Law.
18. INDEMNITY
18.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SMART SALEM, BIOCERTICA, THEIR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, LABORATORIES, TECHNOLOGY PROVIDERS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, EXPENSES, AND FEES ARISING FROM:
18.1.1 your breach of these Terms;
18.1.2 your misuse of the Platform or Products and Services;
18.1.3 your use of another person’s DNA Sample without lawful authority;
18.1.4 your provision of incorrect, incomplete, or misleading information;
18.1.5 your violation of the rights of another person;
18.1.6 your sharing or disclosure of your Report;
18.1.7 your reliance on your Report without obtaining appropriate professional advice;
18.1.8 your violation of Applicable Law; or
18.1.9 any claim that your use of the Products and Services caused damage to a third party.
18.2 This indemnity will survive termination, suspension, cancellation, or expiry of these Terms.
19. LICENCE AND USAGE TERMS
19.1 You are granted a revocable, non-exclusive, non-transferable, limited licence to access and use the Platform and Products and Services for your personal, private, lawful use.
19.2 You must not:
19.2.1 resell, distribute, commercialise, sublicense, or on-sell the Test Kit, Report, Platform, or Products and Services;
19.2.2 use the Platform or Products and Services to test another person without lawful authority and consent;
19.2.3 reverse engineer, decompile, disassemble, copy, modify, scrape, extract, reproduce, or attempt to derive the source code, algorithms, data models, report logic, or workflows of the Platform or Products and Services;
19.2.4 interfere with the security, integrity, availability, or performance of the Platform;
19.2.5 use the Platform for unlawful, fraudulent, abusive, harmful, defamatory, discriminatory, obscene, or unauthorised purposes;
19.2.6 upload malware, malicious code, unlawful material, or harmful content;
19.2.7 access or attempt to access another user’s account;
19.2.8 use automated systems, bots, scraping tools, or unauthorised APIs to access the Platform;
19.2.9 remove, obscure, or alter any trade mark, copyright notice, attribution, barcode, or proprietary notice; or
19.2.10 use the Platform or Products and Services in any way not expressly permitted by these Terms.
19.3 The Platform may include open-source software or third-party components. Such components may be subject to separate licence terms.
19.4 You are responsible for all telecommunications, internet, mobile data, device, software, and other costs required to access and use the Platform.
19.5 You are responsible for securing your device, email account, phone number, login credentials, passwords, and authentication methods.
20. INTELLECTUAL PROPERTY
20.1 BioCertica and/or its licensors own all rights, title, and interest in and to the BioCertica Content, Platform, genetic reporting logic, algorithms, software, scientific content, report modules, workflows, data models, trade marks, know-how, and Intellectual Property Rights.
20.2 Smart Salem and/or its licensors own their own trade marks, branding, customer-facing materials, facility materials, and local service materials.
20.3 No rights in any Intellectual Property Rights are transferred to you except for the limited personal licence expressly granted in these Terms.
20.4 You may not copy, reproduce, modify, publish, distribute, sell, license, reverse engineer, or create derivative works from the Platform, Report, BioCertica Content, Smart Salem content, or Products and Services, except as expressly permitted by these Terms.
20.5 You are granted a limited right to access and use your Report for your personal, private, non-commercial use.
20.6 BioCertica retains ownership of all BioCertica Content generated, used, or made available in connection with the Products and Services, including report templates, algorithms, scientific content, interpretation logic, technical data, platform content, and derived proprietary workflows.
20.7 Subject to Applicable Law and your rights in your Personal Data and Genetic Data, BioCertica and Smart Salem may use aggregated, anonymised, de-identified, statistical, operational, scientific, and technical data for research, product development, service improvement, quality assurance, and commercial analytics.
20.8 By providing feedback, suggestions, ideas, comments, corrections, or improvement requests, you grant Smart Salem and BioCertica a royalty-free, worldwide, perpetual, irrevocable licence to use such feedback for any lawful purpose without compensation to you.
21. INFORMATION SECURITY
21.1 We will use reasonable technical and organisational measures designed to protect your Personal Data, Health Data, Genetic Data, account information, Report, and related information.
21.2 Such measures may include encryption, access controls, role-based permissions, audit logs, authentication controls, secure transmission protocols, password controls, physical security, network security, malware protection, backup controls, staff access restrictions, and third-party contractual safeguards.
21.3 No method of electronic transmission, internet communication, cloud processing, digital storage, courier transport, or laboratory transfer is completely secure.
21.4 You acknowledge that transmission of information through the internet, email, mobile networks, support tools, AI-enabled tools, courier systems, and cloud platforms carries inherent risk.
21.5 You are responsible for maintaining the confidentiality and security of your account, login credentials, email, mobile number, devices, and authentication methods.
21.6 You must notify us promptly if you suspect unauthorised access to your account or Report.
21.7 We may suspend access to your account or the Platform if we reasonably suspect fraud, unauthorised access, security risk, misuse, or breach of these Terms.
22. THIRD-PARTY SERVICES, LINKS, SUPPORT TOOLS, AND AI TOOLS
22.1 The Platform or Products and Services may use or link to third-party services, including laboratories, couriers, payment processors, cloud providers, customer support platforms, analytics providers, AI-enabled tools, professional service providers, Partner Wellness Merchants, and other service providers.
22.2 We may use Zendesk or another support platform to receive, manage, respond to, escalate, and resolve customer support or technical support requests.
22.3 We may use ChatGPT or other AI-enabled tools to support customer service, technical support, internal operations, quality assurance, product improvement, workflow efficiency, and administrative processing.
22.4 Where third-party services are used, those third parties may have their own terms, privacy notices, security practices, data processing terms, and service limitations.
22.5 These Terms do not govern information that you provide directly to third-party platforms outside the Platform.
22.6 You should review third-party terms and privacy notices before using third-party services.
22.7 We are not responsible for:
22.7.1 the content, security, operation, availability, or accuracy of third-party platforms;
22.7.2 the products or services offered by third parties;
22.7.3 the acts, omissions, advice, recommendations, or decisions of third parties;
22.7.4 the failure of third-party systems, networks, payment providers, couriers, laboratories, cloud providers, or AI tools; or
22.7.5 information you provide directly to third parties outside the Platform.
23. YOUR ACCOUNT
23.1 We will use reasonable efforts to maintain the availability of the Platform, subject to maintenance, updates, repairs, outages, security measures, technical failures, third-party failures, force majeure events, and operational requirements.
23.2 We may discontinue, terminate, suspend, restrict, modify, or update the Platform or Products and Services, in whole or in part, with or without notice, subject to Applicable Law.
23.3 You must use the Platform lawfully, respectfully, and in accordance with these Terms.
23.4 You must not use the Platform to:
23.4.1 infringe another person’s rights;
23.4.2 upload unlawful, defamatory, hateful, obscene, abusive, discriminatory, or harmful content;
23.4.3 distribute unsolicited marketing or spam;
23.4.4 attempt to access data not intended for you;
23.4.5 interfere with the Platform or its security;
23.4.6 impersonate another person;
23.4.7 provide false or misleading information; or
23.4.8 use the Platform for any unlawful, unauthorised, or harmful purpose.
23.5 We may suspend or terminate your account or access to the Products and Services if we reasonably believe that you have breached these Terms, violated Applicable Law, created a security risk, misused the Platform, failed to provide required consent, or provided false information.
23.6 We may suspend or terminate access if we learn that you are under 18 and do not have appropriate parent, guardian, or lawful representative consent.
23.7 You warrant that all information you provide is accurate, complete, current, and not misleading.
23.8 Your account is personal to you and may not be transferred or shared.
23.9 You may request deletion or closure of your account in accordance with the Platform process and Privacy Policy.
23.10 Account deletion may not result in immediate deletion of all data where retention is required for legal, regulatory, laboratory, tax, accounting, clinical governance, audit, dispute, security, or legitimate operational reasons.
24. FORCE MAJEURE
24.1 We will not be liable for any delay, failure, interruption, or inability to perform caused by events outside our reasonable control.
24.2 Such events may include acts of God, fire, flood, storm, pandemic, epidemic, public health emergency, war, terrorism, civil disturbance, labour unrest, strike, government action, regulatory restriction, customs delay, import/export restriction, courier disruption, laboratory disruption, supply-chain interruption, power failure, internet failure, cloud service failure, cyberattack, court order, or any other event beyond our reasonable control.
24.3 Where such an event occurs, we may suspend, delay, modify, or cancel the affected Products and Services, subject to Applicable Law.
25. DISPUTE RESOLUTION AND GOVERNING LAW
25.1 These Terms, the Platform, and the Products and Services are governed by the laws of the Emirate of Dubai and the applicable federal laws of the United Arab Emirates, without prejudice to any mandatory consumer protection rights that may apply to you.
25.2 The parties will first attempt to resolve any dispute informally and in good faith.
25.3 If you have a dispute, complaint, or concern, you should contact us using the details set out in clause 30.
25.4 If the dispute cannot be resolved informally, the courts of Dubai shall have jurisdiction, unless another forum is required by Applicable Law.
25.5 Nothing in these Terms prevents either party from seeking urgent interim relief from a court of competent jurisdiction.
25.6 Nothing in these Terms is intended to limit or exclude any mandatory consumer rights, data protection rights, health rights, or other rights that cannot lawfully be limited or excluded.
26. CONSUMER PROTECTION AND LEGAL COMPLIANCE
26.1 These Terms must be interpreted consistently with Applicable Law, including applicable UAE consumer protection, data protection, electronic transactions, healthcare, privacy, and contract laws.
26.2 No provision of these Terms is intended to:
26.2.1 exclude liability where such exclusion is prohibited by Applicable Law;
26.2.2 limit your rights where such limitation is prohibited by Applicable Law;
26.2.3 require you to assume risk where such assumption is prohibited by Applicable Law;
26.2.4 waive mandatory consumer protection rights; or
26.2.5 permit misleading, unfair, unlawful, or harmful commercial practices.
26.3 If any provision of these Terms is inconsistent with a mandatory legal requirement, that provision will be interpreted, modified, or limited to the minimum extent necessary to comply with Applicable Law.
27. SEVERABILITY
27.1 All provisions of these Terms are severable.
27.2 If any provision is held to be invalid, unlawful, void, or unenforceable, that provision will be treated as deleted or modified to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
27.3 Any invalidity, illegality, or unenforceability in one jurisdiction will not affect validity, legality, or enforceability in any other jurisdiction.
28. WHOLE AGREEMENT
28.1 These Terms, together with the Privacy Policy, informed consent documentation, product-specific consent prompts, and any applicable purchase terms, constitute the entire agreement between you and the relevant service provider in relation to your use of the Platform and Products and Services.
28.2 These Terms supersede all prior or contemporaneous representations, understandings, communications, or agreements relating to the Platform and Products and Services, except for any mandatory legal rights or written agreements that expressly override these Terms.
28.3 We may amend these Terms from time to time. Your continued use of the Platform or Products and Services after receiving notice of updated Terms may constitute acceptance of the updated Terms, subject to Applicable Law.
29. ASSIGNMENT
29.1 You may not assign, transfer, delegate, cede, or otherwise dispose of any rights or obligations under these Terms without our prior written consent.
29.2 Smart Salem or BioCertica may assign, transfer, delegate, subcontract, or novate their rights or obligations under these Terms in connection with a corporate reorganisation, sale of business, sale of shares, merger, acquisition, transfer of assets, restructuring, appointment of a service provider, or change in business structure, subject to Applicable Law.
30. HOW TO CONTACT US
30.1 If you have questions, complaints, requests, or concerns about these Terms, the Platform, or the Products and Services, you may contact Smart Salem or BioCertica through the customer support channels made available to you.
30.2 Smart Salem contact details:
Smart Salem Medical Center 3 FZ LLC
Registered office: GO9A, Block No. 12, Dubai Knowledge Park, Dubai, UAE, PO Box 25031
Email: info@smartsalem.ae
Website: www.smartsalem.ae
Telephone: +971 4 220 0212
30.3 BioCertica contact details:
BioCertica Inc. File number: 3454858
1013 Centre Road, Suite 403-A, Wilmington, DE 19805, USA
Email: info@biocertica.com
Website: www.biocertica.com
30.4 Technical support and customer support may be managed through Zendesk or another approved support platform.
30.5 When contacting support, you may be asked to provide your name, contact details, account information, sample ID, barcode, order details, or other information required to identify your request.
31. ADDITIONAL INFORMATION
31.1 White-label platform provider: BioCertica Inc.
31.2 Customer-facing UAE provider: Smart Salem Medical Center 3 FZ LLC.
31.3 Category of services: DNA-based lifestyle, wellness, trait, ancestry, nutrition, fitness, weight management, pharmacogenomic wellness, and related non-diagnostic genetic information services.
31.4 The Products and Services are non-diagnostic wellness information services and are not intended to replace licensed medical advice, diagnosis, treatment, or clinical care.
31.5 Any medical, clinical, or healthcare service must be provided separately by Smart Salem or another appropriately licensed healthcare professional or healthcare facility.
31.6 Support tools used may include Zendesk, ChatGPT, cloud platforms, analytics tools, customer support systems, laboratory systems, logistics systems, and other Authorised Service Providers.
31.7 These Terms apply to the Smart Salem DNA white-labelled version of the BioCertica platform unless replaced or supplemented by a newer version.