Terms of Service
- Information about us
The service is operated by Dante Labs. Inc., whose principal place of business is at 379 West Broadway, Suite 538, New York NY 10012, United States of America (“Dante Inc.”) and by Dante Labs S.r.l., whose principal place of business is at Strada Statale, 17, 67100, L'Aquila (AQ), Italy (“Dante S.r.l.” and, together with Dante Inc., ”Dante Labs”, “We”, “Us”). Dante S.r.l. is the company in charge of the performance of the analysis, while Dante Inc. is the company in charge of the sale of the Services (as described below) to you.
- Use of the Website. Acceptance of Terms
- To purchase the Services, you shall access Dante Labs’ website at www.dantelabs.com (“Website”).
- The use of the Services is subject to the express acceptance of these Terms of Service ("TOS"), except for the Ancillary Services (as defined below) to which specific terms of service may apply. You shall accept these TOS each time you purchase the Services (as defined below).
You may not purchase the Service if (1) you are not of legal age to form a binding contract with Dante Labs, or (2) you are not allowed to receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
In addition to the conditions above, if you provide your own genetic information, you must be at least eighteen (18) years old to agree to these TOS on behalf of yourself or those for whom you have legal authority to agree.
- Description of the Services
- By ordering from the Website, you may purchase Dante Labs services which include the following:
- Analysis of your genotype generated by Dante S.r.l. through the processing of your saliva sample provided for DNA extraction (“Genome Sequencing Test”). Dante S.r.l. will perform the Genome Sequencing Test within 8 (eight) weeks from the receipt of your saliva sample.
- Diagnostic analysis service for COVID-19 (“Covid Test”). Dante S.r.l. carries out Covid Test by means of (i) serological diagnostic tests by blood analysis, for the detection of COVID-19 antibodies, and (ii) swab tests containing biological material to detect the presence of the virus in the collected biological material. Dante S.r.l. will perform the Covid Test within 24 hours from the receipt of your sample.
Please note that for both the Genome Sequencing Test and Covid Test, you may ask Dante Labs to send you specialized personnel in order to assist you in the collection of your sample at your own domicile. For such assistance, Dante Labs may request you to pay some supplementary amount other than the amount payed for the Services; the price may be disclosed at the moment of your request.
- Ancillary analysis test in relation to the Genome Sequencing Test (“Ancillary Services”), as listed in Annex 1. When buying any of Dante Labs Ancillary Services, you will be requested to specify the kit for which you are requesting such service by providing the kit identification barcode (“KitID”). Dante S.r.l. will be able to perform the requested Ancillary Service only after you provide the KitID. Some of the Ancillary Services may be subject to specific TOS and, in this case, you shall accept them, otherwise they are subject to the present TOS (together with Genome Sequencing Service, Covid Test and Ancillary Test, the “Services”).
- If you intend to purchase the Genome Sequencing Test or the Covid Test, you shall follow the process as described below:
- Order a personal sample collection kit: by accessing the Website, you will be able only to purchase the Services and order a personal sample collection kit;
- Register your sample collection kit on Genome Manager website: by accessing the Genome Manager website you - or who will use the Genome Sequencing or the Covid Tests - agree that, to benefit from Dante Labs Services, you must create a personal account (“Genome Manager Account”) and register your kit. Whether you have not registered your kit at the Genome Manager, Dante Labs will contact you upon receipt of your kit. If you do not perform such registration within 3 (three) days from Dante Labs’ communication, Dante Labs will not proceed with the analysis of your kit and will destroy it. Finally, if the analysis performed on your sample fails, Dante Labs will send you another free kit up to a maximum of three times to allow you to collect the sample again.
You acknowledge and agree that the Services are provided pursuant to the current state of the art of genetic research and technology in use by Dante S.r.l. at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolves, Dante S.r.l. is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Dante S.r.l. provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Dante Labs may also permanently or temporarily stop to offer some of its Services (or any features within the Services) to you or to users generally at Dante Labs’ sole discretion, without giving any prior notice.
- Order and purchase of the Services
Orders: you can order Dante Labs’ Services by following the process outlined in the Website. You acknowledge that by placing an order at the Website you will be under an obligation to pay for the Services.
Please read and check carefully your order at each stage of the order process. By submitting an order through Dante Labs’ Website, you are confirming that the payment details provided on your order are valid and correct. The contract between you and Dante Labs will only be effective when We receive your payment. Dante Labs will charge the amount due on your chosen payment method among those listed on the Website after We receive your order.
In the event that you change your contact details after the purchase of the Services, it will be your sole responsibility to inform Dante Labs of such changes, so that Dante Labs can contact you about your order if necessary.
The price of the Services will be specified on the Website and it may change from time to time, but changes will not affect any order Dante Labs have already accepted.
Price: Delivery costs may not be included in the price of the Genome Sequencing Test and Covid Test and may be added to the total amount due. You will be able to see the delivery charges for the sample collection kit on the checkout page of your order.
- Withdrawal and Termination
Withdrawal: As a consumer, you have the right to withdraw from this agreement after the purchase of the Genome Sequencing Test and Covid Test. You can exercise such rights by notifying Dante Labs Inc. at firstname.lastname@example.org, within 14 (fourteen) days from the receipt of the sample collection kit. Please note that you will not be able to withdraw from this agreement after Dante Labs has received the sample collection kit filed with your biological material, since Dante S.r.l. will start to perform a service with the same “customized” nature.
Likewise, with reference to the purchase of the Ancillary Services, according to Article 59, letter c) of the Italian Consumer Code, you may not withdraw from this agreement because of the nature of the analysis to be considered as a “customized” service and, thus, Dante Labs will start immediately to perform the required Services.
Termination: Dante Labs may at any time, terminate this agreement if: (1) you have acted in a manner which shows that you do not intend to, are unable to comply with, or you have breached any of the provisions of the TOS; (2) is required to do so by law (for example, unlawfulness of the provision of the Services provided to you); (3) the Services are no longer provided by Dante Labs in your country of residence or in which you use the Services; or (4) at its sole discretion, the Services are no longer commercially available.
- User Representations
7.1 By accessing Dante Labs Services, you agree to acknowledge and represent as follows:
- You represent that you are eighteen (18) years old or more if you are providing a sample or accessing your genetic or health information.
- You confirm and declare that providing a sample to Dante S.r.l. is not subject to any restriction in the country in which you reside and that your sample and data may be transferred and/or processed outside the country in which you reside.
- You give permission to Dante S.r.l. to perform, with reference to the Genome Sequencing Test, genotyping services on the DNA extracted from your saliva sample and, with reference to the Covid Test, serological diagnostic tests by blood analysis or swab tests containing biological material. Dante S.r.l. will only disclose the results of the performed analysis to you or to anyone that legally represents you or that you have specifically authorized.
- You understand and accept that any information you learn from the Services is not a medical and/or clinical advice. It is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health.
You also understand that the results from the performance of the Genome Sequencing Test are only intended for informational and research purposes and that it should always be analyzed by a doctor or other health-care professional. Please be advised that Dante Labs strongly recommends that you seek the advice of your doctor, physician or other health-care provider if you need a professional advice.
- You will be the only responsible for all the possible consequences resulting from your sharing with others the access to your genetic or health information and/or your report containing your analysis results.
- Whether you shall give your explicit consent for the processing of your genetic or health data for research purposes, pursuant to Dante Labs’ Privacy Information, you understand and acknowledge that providing any sample containing your blood or your biological material or having your genetic or biological information processed or providing your medical records or any other information about your health condition will not give you any property and/or other rights in any research that may be developed by Dante Labs or its collaborating partners. You specifically understand that you will not receive compensation for any research that include or result from the processing of your health or genetic information or any other information you may provide to Dante Labs within the performance of the Services.
7.2 You agree that in case of breach of any one of these representations Dante Labs has the right to refuse to provide any and all Services (or any portion thereof) and you shall indemnify and hold Dante Labs harmless against any liability, costs, or damages arising out of the breach of the representation.
- Limitation of Liability
Dante Labs, within the limits allowed by applicable laws, shall not be liable for breach-of-contract damages that could not reasonably have foreseen on entering into this agreement. That includes any direct, indirect, incidental, special, consequential or exemplary damages related - but not limited - to (a) losses that were not caused by Dante Labs’ breach of contract; (b) the use or the inability to use the Services; (c) any action you take based on the information/results you receive after purchasing and using the Services; (d) the use or access to your reports results that was not caused by Dante Labs or (e) statements or conduct of any third party on the Services.
- Disclaimer of Warranties
Dante Labs makes no warranty that the Services and/or the quality of any products, information, or other material purchased or obtained by you through the Services will meet your expectations.
Moreover, by accepting these TOS you also acknowledge that: (a) the use of Dante Labs’ resources is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download and/or use of any material obtained through the use of Dante Labs Services and (b) no advice or information related to the Services, whether oral or written, obtained by you from Dante Labs shall create any warranty if not expressly stated in these TOS.
Finally, you accept that Dante Labs Services do not qualify as medical and/or professional advice on your health condition and do not substitute the advice of qualified professionals.
- Jurisdiction and Applicable Law
Any disputes with Dante Labs arising out of or relating to the agreement shall be governed by Italian law regardless of your country of origin or where you access Dante Labs.
If you are a consumer and have your habitual residence in the European Union, you may benefit from the additional protection provided by the mandatory rules of your country of residence, which means that you may bring a claim to enforce your consumer protection rights in connection with these TOS in the country in which you live.
Still, if you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr.