FitGene Terms of Service

Last Updated: 23.03.2025.

Company Name: NutriDNA Solutions d.o.o.
Registered Address: Džemala Bijedića bb, 71000 Sarajevo, Bosna i Hercegovina
Company ID (Registration Number): 4203438260008
Contact Email: info@fitgene.ba

NutriDNA Solutions d.o.o. is a company registered and operating under the laws of Bosnia and Herzegovina.

1. Introduction

Welcome to FitGene! These Terms of Service (“Terms”) govern your use and access to FitGene’s products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by you, regardless if the use is in connection with an account or not (collectively, the “Services”), including genetic testing and personalized reports encompassing health, athletic, and cognitive characteristics, as well as nutrition, lifestyle, and training advice. By accessing or using our Services, you agree to comply with and be bound by these Terms.

Please read the Terms carefully, and any policies, guidelines or rules applicable to such Services, as they constitute a legal agreement between FitGene and you. Please also read our Privacy Statement for additional information. Of course, if you do not agree with our Terms or any other policies, then do not use the Services.

These Terms apply to you if you live outside of Bosnia and Herzegovina, or if you access our Services outside of Bosnia and Herzegovina.

2. Definitions

• “Company” refers to FitGene.
• “Services” refers to the genetic testing and personalized reports provided by FitGene.
• “User” refers to any individual who accesses or uses the services provided by FitGene.
• “Personal Information” refers to any information that can be used to identify an individual, including genetic data.

3. Eligibility

We believe everyone should be able to access, understand, and benefit from their genome. That said, there are a few restrictions about who can use our Services.

To use the services provided by FitGene, you must be at least 18 years old or have the consent of a parent or guardian. By using our services, you represent and warrant that you meet these eligibility requirements:

• You can form a binding contract with FitGene;
• You are not a person barred from receiving the Services under the laws of the jurisdiction from which you use the Services;
• Any sample you provide to FitGene is either your own saliva sample, or the sample of a minor for whom you are a parent or legal guardian, or the sample of a person for whom you are a legally authorized representative;

4. Services Provided

FitGene offers genetic testing and personalized reports that provide insights into various aspects of your health, athletic, and cognitive characteristics. Our services also include nutrition, lifestyle, and training advice based on your genetic profile. The information provided is intended to help you make informed decisions about your health and lifestyle.

5. User Responsibilities

Access to this website is the sole responsibility of the User.

By accessing, browsing or using the website or any of the Services, the visitor becomes User, and implies full, complete and unreserved acceptance of each and every one of the Terms of Service included in this document, which shall have the same validity and effectiveness as any written and signed contract.

Their observance and compliance shall be enforceable against any person accessing, browsing or using the website.

If you do not agree with the terms set forth, do not access, browse or use the same.

As a user of FitGene's services, you agree to, acknowledge, and represent that:

• Provide accurate and complete information when registering for our services.
• Respect the intellectual property rights of FitGene and other users.
• Comply with all applicable laws and regulations.
• Grant FitGene, its contractors, successors, and assignees permission to analyze your submitted sample(s) and request FitGene to disclose the results to you and anyone you authorize.
• Acknowledge that FitGene may offer new technologies or features in the future, and your initial purchase does not entitle you to them without additional fees.
• Understand that by providing any sample and having it processed, you acquire no rights to any research or commercial products developed by FitGene or its collaborators. You will not receive compensation for any products that include or result from your information.
• Follow the user conduct guidelines, as described below, at all times.
• Once submitted and analyzed, your sample is processed irreversibly and cannot be returned as it will be destroyed. Any information derived from your sample remains your own, subject to FitGene's rights as outlined in these Terms.
• Do not use our Services for any illegal or harmful purposes.
• You may not use the Services in any manner that could harm, disable, overburden, or impair them or interfere with others’ use and enjoyment. Prohibited actions include:

• • Obtaining materials or information not intentionally made available.
  • Uploading or transmitting derogatory, defamatory, obscene, or offensive material.
  • Impersonating any person or entity or misrepresenting your affiliation.
  • Forging headers to disguise content origin.
  • Stalking or harassing others.
  • Transmitting content without legal rights or under nondisclosure agreements.
  • Using information to identify or contact other customers or for forensic use.
  • Downloading files you know cannot be legally distributed.
  • Infringing on patents, trademarks, trade secrets, copyrights, or other proprietary rights.
  • Harming minors.
  • Advertising or offering to buy or sell goods or services unless permitted.
  • Transmitting unsolicited advertising, “junk mail,” “spam,” “chain letters,” or pyramid schemes.
  • Transmitting software viruses or other harmful computer code.
  • Using automated means to access, “scrape,” “crawl,” or “spider” web pages or services without permission.
  • Engaging in “framing,” “mirroring,” or simulating the appearance or function of FitGene's website.
  • Overriding any security components.
  • Interfering with or disrupting the Service or networks.
  • Violating any guidelines, terms, or applicable laws.

6.Risks and Considerations

When you obtain your Genetic Information, the knowledge is irrevocable. Unexpected information may arise, causing anxiety. Speaking to a genetic counselor before testing is advised. Some results may reveal unanticipated facts about ancestry or health risks.

Our lab may encounter issues processing your sample; if so, we will reprocess at no charge. If the second attempt also fails, we'll send another kit. If it fails again, you'll receive a refund minus shipping. Future samples under another purchase won't be reprocessed or refunded if they fail.

Do not change health behaviors based on Genetic Information alone. FitGene’s Services do not diagnose conditions. Genes are a small part of the risk for common diseases; environment and lifestyle are more significant. Consult a healthcare provider before making any lifestyle changes based on your results.

FitGene’s Services are for research, informational, and educational purposes only and do not provide medical advice. Genetic discoveries reported by FitGene are not always clinically validated. Any actions based on our recommendations should be discussed with your healthcare provider. FitGene is not liable for outcomes based on the provided information.

FitGene is licensed in Bosnia and Herzegovina as a genetic counseling, but not universally licensed. FitGene is working with different licensed laboratories for geniting testing, which may change from time to time or update their technology to improve Services. Therefore, Services may not be available in all jurisdictions and may change over time.

To advance genetic research, we invite all eligible genotyped users to participate in FitGene Research. This includes product development activities for improving our Services and offering new products, potentially involving third-party commercialization. Participation is voluntary and based on an approved consent document.

6.a Purchase & Delivery Terms

Upon completing a purchase on our website, you will receive a confirmation email containing your order details.

Genetic testing kits, if applicable, will be shipped to the address provided during checkout. Delivery timelines may vary depending on your location. Digital reports and results will be delivered via your user account or email, unless otherwise specified.

Prices are listed in BAM and are subject to change without notice. FitGene reserves the right to correct any pricing errors. In the event of such errors, we will notify you before confirming your order.

Refunds are subject to our refund policy, and kits cannot be returned once the sample has been processed. For more information, please contact our support team.

7. Refund Policy

Thank you for choosing our nutrigenetic test. Our refund policy is designed to ensure clarity and fairness for our customers. Please read the refund terms carefully before making a purchase.

• Refund Before Sample SubmissionIf you have ordered the test but have not yet sent your sample for analysis, you are eligible for a full refund within 14 days from the purchase date. In this case, please contact us via email or phone to process your refund request.
• Refund After Sample SubmissionSince our test is a personalized service, once your sample has arrived at the laboratory and processing has begun, a refund is no longer possible.
• Defective or Damaged Testing KitsIf you receive a damaged or defective sample collection kit, please contact us within 7 days of receipt, and we will send you a replacement kit or process a refund.
• ⁠Issues with Sample AnalysisIn rare cases, if your sample cannot be analyzed due to technical reasons, we will offer you a free replacement testing kit. If you do not wish to repeat the test, we may provide a partial refund.
• Contact InformationFor all refund-related inquiries, please contact us via: info@genetika.ba

8. Privacy Policy

FitGene is committed to protecting your privacy. Our Privacy Policy, which is incorporated into these Terms by reference, outlines how we collect, use, and protect your personal information. By using our services, you agree to the terms of our Privacy Policy. We encourage you to review our Privacy Statement to learn more about how we handle data.

9. Intellectual Property

All intellectual property rights in the services provided by FitGene, including but not limited to trademarks, copyrights, and patents, are owned by FitGene. Users are prohibited from infringing upon these rights. Access, browsing, and use of FitGene's website do not imply a waiver, transfer, or license of these rights. References to trademarks or trade names are restricted without proper consent.

“User Content” includes all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials generated by Users. FitGene does not claim ownership of User Content but requires a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to host, reproduce, adapt, and distribute it. This license allows FitGene to make User Content available to other entities and use it in connection with their Services.

Except for User Content, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”) on FitGene's services are owned, controlled, or licensed by FitGene and are protected by various laws. FitGene grants a limited license to copy and distribute certain materials for non-commercial purposes, provided that proprietary notices are maintained, and no modifications are made.

Users are restricted from copying, modifying, distributing, publicly displaying, or creating derivative works from FitGene's Content without express written authorization. Removal or manipulation of copyright indications, technical protection devices, or any information incorporated into the website's contents is also prohibited.

9.a Secure Payment Processing

Confidentiality of your information is protected and secured by using the latest TLS encryption. Pages for web payment are secured by using Secure Socket Layer (SSL) protocol with 128-bit data encryption. SSL encryption is a data coding procedure for prevention of unauthorized access during data transfer.

This enables a secure data transfer and prevents unauthorized data access during communication between user and Monri WebPay Payment Gateway and vice versa.

Monri WebPay Payment Gateway and financial institutions exchange data by using their virtual private network (VPN) which is also protected from unauthorized access.

Monri Payments is a PCI DSS Level 1 certified payment service provider.

Credit card numbers are not stored by the Merchant and are not available to unauthorized personnel.

9.b Payment & Currency Terms

All payments will be processed in Bosnia and Herzegovina Convertible Marks (BAM). The amount charged to your credit card will be converted into your local currency according to the exchange rate policies of the respective credit card associations.

10. Disclaimer of Warranties

FitGene warrants that its products are free from defects in materials and workmanship for the applicable period when purchased from FitGene.com or authorized retail partners. Unauthorized resale is not supported, and product quality cannot be ensured when sold by unauthorized sellers. We encourage purchases only from FitGene.com or official authorized retail partners. No warranty or satisfaction guarantee is extended to products from unauthorized resellers. We reserve the right to cancel orders or block future purchases from individuals attempting to resell products or exceed quantity limits.

You expressly acknowledge and agree that:

• Your use of the services is at your own risk. The services are provided “as is” and “as available.” FitGene disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• FitGene makes no warranty that:

• • The services will meet your requirements.
  • The services will be uninterrupted, secure, or error-free.
  • The results obtained from using the services will be accurate or reliable.
  • The quality of any products, services, or information obtained through the services will meet your expectations.
  • Any errors in the software will be corrected.

• Any material downloaded through the services is at your own risk, and you will be responsible for any damage to your computer system or loss of data.
• No advice or information, whether oral or written, obtained from FitGene or through the services will create any warranty not expressly stated in the terms and should not be relied on as medical advice.
• Use caution when giving out any personally identifying information. FitGene does not control or endorse any actions resulting from your participation in the services and disclaims any liability for such actions.

FitGene does not guarantee that services will be uninterrupted, error-free, or meet specific needs. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

11. Diversion and Resale

Only authorized retail partners can resell FitGene products. Unauthorized parties cannot sell or purchase for resale on platforms like Amazon, eBay, or Walmart. If reselling to unauthorized parties is discovered, authorized partners must stop.

Authorized partners must handle and store FitGene products as specified by FitGene. They must also support product recalls and provide customer service for complaints and returns. Products must be sold in original packaging without alterations. Tampering with serial numbers, UPC codes, or other identifiers is prohibited.

Authorized partners can use FitGene trademarks and logos only as permitted and must remove any usage upon request. Non-FitGene products cannot be marketed to imply endorsement by FitGene.

Upon receiving FitGene products, partners must inspect for defects or tampering and report any issues. Defective products should not be sold.

12. Limitation of Liability

Within the limits allowed by applicable laws, you expressly acknowledge and agree that FitGene shall not be liable for any direct, indirect, incidental, special, punitive, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if FitGene has been advised of the possibility of such damages), resulting from:

• The use or inability to use the services;
• Any action you take based on the information you receive from the services;
• Your failure to keep your password or account details secure and confidential;
• The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, messages received, or transactions entered into through the services;
• Unauthorized access to or alteration of your transmissions or data;
• The improper authorization for the services by someone claiming such authority; or
• Statements or conduct of any third party on the services.

Our total liability to you for any claims arising from your use of our services shall not exceed the amount paid by you to FitGene.

13. Indemnification

You agree to indemnify, defend, and hold harmless FitGene, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or in connection with your use of our services or violation of these Terms.

If you submit a sample or provide your own information, you will defend and hold harmless FitGene and its employees, contractors, successors, and assignees from any liability arising from the use or disclosure of information obtained from analyzing your sample or information. This includes any liability from third-party add-ons to tools we provide or any disclosure to third parties, intentional or inadvertent, for diagnostic or other purposes.

14. Termination

FitGene may terminate its agreement with you at any time, without notice, for the following reasons:

• you have breached the Terms or related policies, such as user conduct guidelines;
• it is required by law;
• a partner has terminated its relationship with FitGene;
• FitGene is no longer providing services in your region; or
• the provision of services is no longer commercially viable.

Suspected fraudulent, abusive, or illegal activities may be referred to law enforcement. FitGene shall not be liable for terminating your access to the services, and you agree to defend and indemnify FitGene and its affiliates against any liability or damages arising from the breach of this representation.

Upon termination, you must cease all use of our Services and destroy any materials obtained from FitGene.

15. Changes to Terms

FitGene may update these Terms from time to time. We will notify you of any changes by posting the updated Terms on our website. Your continued use of our Services after any changes to these Terms will constitute your acceptance of the revised Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Bosnia and Herzegovina]. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of [Bosnia and Herzegovina].

17. Contact Information

If you have any questions about these Terms of Services, please contact us at info@fitgene.ba.

Thank you for choosing FitGene and be ready to Unlock your potential!