Terms and Conditions

General Terms and Conditions

These Terms in a Nutshell This section is provided for your convenience only and is not legally binding. Please read the full General Terms and Conditions below, as they contain comprehensive information regarding your rights and obligations. When using our Website this document applies. It constitutes a binding agreement between Optimal Lifestyle SRL and yourself. When purchasing DNA Services additional terms set by our testing partners may apply. DNA Services are for lifestyle purposes only, not health-related. They are provided by our Testing Partners, who handle the analysis and processing of your data. We strive to provide accurate information about our services, but errors may occur. You can return services that do not match their description according to our Return Policy. Follow the instructions carefully when using DNA Kits. In some cases, a retest may be needed, and we will provide a new kit or a refund. Results will be delivered digitally. They are for informational purposes only and should not be used to make health decisions without consulting a healthcare professional. We handle your personal data according to our Privacy Policy and do not process health-related data.

This document (the "Terms") outlines the terms and conditions governing the use of our website and online store, which are accessible at optimallifestyle.ro (the "Website"). The Website allows you to order various products and services related to DNA testing for non-medical purposes only (the "DNA Services"). These Terms incorporate the following documents:

– the Customer Acknowledgment, which outlines important information that you must be aware of as well as acceptable and unacceptable conduct when using our Website and purchasing DNA Services;

– our Cookie Policy, which provides information about our use of cookies and similar technologies,

– our Testing Partners page, which provides information regarding the identity, role, location, and privacy policy of the entities that provide the DNA Services; and

- any other terms, policies, notices, and disclaimers we make available or communicate to you through the Website.

Together, these documents form a legally binding agreement that you must accept in order to use our Website and purchase DNA Services.

Please note that the DNA Services and all related laboratory analyzes and services (including genetic tests, DNA Results, and delivery of DNA Kits) are provided directly by one of our DNA testing partners (the "Testing Partner(s)") as further detailed below. Therefore, the DNA Services are subject to additional terms set by the Testing Partner, which you must accept.

Finally, although not part of these Terms, we encourage you to read our Privacy Policy, which explains how we process your personal data.

1. Contracting parties

This agreement shall be concluded electronically between:

– Optimal Lifestyle SRL ("we", "us"), a company incorporated in Romania, headquartered in 7 Cluj Street, et. 1, Timșoara, Timiș, registration number 50131460 and

– you, acting exclusively as an individual (natural person) in your own name.

Together, we form the parties to this agreement.

Who may use our Website and purchase DNA Services?

The DNA Services provided through our Website are intended exclusively for personal, private, and informational use by individuals. All other uses are strictly prohibited. Without limitation, we expressly exclude the following:

Commercial or research use: DNA Services may not be used for any commercial or research purposes without explicit prior written approval from us and/or our Testing Partner. If you would like to purchase DNA Services as a legal entity for your clients, employees, or otherwise, please contact us to arrange a separate agreement.

Law Enforcement: DNA Services may not be used for law enforcement, forensics, or any related investigative purposes.

Medical Use: DNA Services are not designed and must not be used to diagnose, treat, or prevent medical conditions and must not be used as a substitute for professional medical advice.

Unauthorized Use: Collecting DNA samples of others without their explicit consent, as well as any other illegal or unauthorized use of the DNA Services, is strictly prohibited.

We reserve the right to monitor compliance with these permitted uses and to protect and enforce all rights associated with the DNA Services offered. Violation of these Terms may result in the termination of this agreement and potential legal action.

1. Providing the Services

No Health-Related Testing

DNA Services are limited to lifestyle genetic testing and are not intended for any health-related purposes. DNA Services expressly excludes, without limitation, predictive genetic tests, tests identifying carriers of genes responsible for diseases, or tests detecting genetic predispositions or susceptibilities to diseases.

Accounts

To access certain parts of our Website or to purchase specific DNA Services, you may be required to set up an account. It is your responsibility to ensure the security and privacy of your account credentials. You must keep your username and password confidential and not share them with anyone else. If you suspect any unauthorized use of your account, you must notify us immediately. We are not liable for any loss or damage arising from your failure to protect your account information.

Our Testing Partners

The DNA Services offered through our Website are provided directly and exclusively by our Testing Partners. A comprehensive list of our Testing Partners, including their location and data processing policies, can be found [here]. When you place an order, your Order Form (defined below) will specify which Testing Partner will be providing the DNA Services you have selected. It is important to review this information to understand who will be conducting the analysis of your DNA sample and processing your personal data (including health-related data).

DNA Services Presentation

The characteristics, images, and other product or service details are sourced from or provided by our Testing Partners. While we make reasonable efforts to ensure the accuracy of the information presented on the Website, we do not assume any obligation or liability for the accuracy, timeliness, absence of errors, or reliability of this information. If you believe that a purchased DNA Service does not match its description, you may return it according to our Return Policy.

Delivery and Use of DNA Kits

Depending on the DNA Services you have purchased, your DNA sample collection kits (the "DNA Kits") may be delivered by us or directly by our Testing Partner. Upon receiving your DNA Kit, follow the included instructions carefully in order to collect your DNA sample. Ensure you complete all required documentation, provide any additional information as requested, and sign where necessary. Mistakes in this process can delay the testing and analysis of your DNA sample.

After collecting your sample, promptly send the DNA Kit back using the provided envelope. It is crucial to return your sample as soon as possible and no later than one month from the day you received the DNA Kit. Delays in returning the sample may affect the quality of the analysis and the timeliness of your results.

Conducting the Tests

The timeframe for processing your DNA sample depends on the specific DNA Services you have purchased. Generally, allow up to 30 days for our Testing Partner to process your results.

Retesting: In some cases, the Testing Partner may be unable to process your DNA sample and may require an additional sample collection. In this case, an additional DNA Kit will be provided at no extra cost. If this second test cannot be processed, you have the option to receive one additional DNA Kit at no extra cost or to request a full refund. We will notify you promptly if retesting is necessary and provide instructions on how to proceed.

Please ensure timely compliance with all instructions and requests to facilitate a smooth and efficient testing process.

DNA Results

Definition: " DNA Results" refer to the comprehensive analysis and report generated from your DNA sample by our Testing Partners. This report provides insights into various aspects of your genetic profile related to lifestyle traits such as nutrition, fitness, and overall well-being. Depending on the DNA services ordered, the DNA Results may include information on how your genes influence your body's response to certain nutrients, your predisposition to specific physical traits, and recommendations to optimize your lifestyle choices.

Delivery: DNA Results will be delivered in digital format only, to the email address you provided during your order. Please ensure your email address is accurate and up-to-date to avoid delays or issues with receiving your results.

Proprietary Information and Grant of License: Excluding your genetic or other personal data, all intellectual property rights in the DNA Results and related materials, including copyrights, trademarks, trade secrets, and other proprietary rights, are owned by our Testing Partners or us. You are hereby granted a limited, personal, non-transferable, and non-exclusive license to access and use the DNA Results for your personal, non-commercial use only. This means you must not distribute, share, or disseminate the DNA results to any third party, copy, reproduce, or duplicate the results in any form, alter, modify, or create derivative works based on the results, or use the results for any commercial purposes, including marketing, advertising, or reselling, without the explicit consent of the appropriate copyright holder.

Important Disclaimers You must read, understand, and accept the Customer Acknowledgment before ordering DNA Services. The information contained in the DNA Results is compiled exclusively by our Testing Partners. We make no warranties, express or implied, and take no responsibility for the accuracy, completeness, reliability, or fitness for a particular purpose of the information provided in the DNA Results. Non-Medical Use: The DNA Results are for general information and educational purposes only and should not be used to alter your health, diet, fitness, or any other lifestyle decisions without consulting a healthcare professional. Consultation with Healthcare Professionals: Under no circumstances should you change your medication or any other form of medical care without the explicit permission of your doctor. Immediate Medical Concerns: If you suspect that you have a health problem or condition, contact a qualified healthcare professional immediately. Do not ignore, avoid, or delay seeking medical advice from your doctor or other qualified healthcare professional because of something you have read in your DNA Results. If you have any concerns about the implications of the DNA results, do not use the DNA Services.

Personal Data Processing

We are committed to protecting your personal data. Our Privacy Policy details how we process your personal information when you use our Website and purchase DNA Services. Please note that we do not process any health-related data.

1. Ordering and Payment

Order Form

Your purchase can be initiated by placing an order through the Website or other available online or offline methods that we may provide, as applicable (the "Order Form"). The Order Form will outline the specific details of the DNA Service requested, including but not limited to the scope, price, and any associated fees. By submitting an Order Form, you agree to be bound by the terms and conditions set forth in these Terms, as well as any additional terms or conditions specified in the Order Form itself.

When you submit an Order Form, you are expressing an intent to purchase DNA Services. We may automatically acknowledge receipt of your order. However, the sale contract shall only be concluded upon shipping your DNA Kit. We reserve the right to accept or reject any order submitted by you, in our sole discretion.

Order Cancellations or Modifications

For justified reasons, such as stock depletions or service unavailability, we reserve the right to modify the quantity of goods and/or services or cancel your order. If we cancel your order or need to adjust the quantities, we will inform you at the email address or phone number provided during the order process and will refund any difference if applicable.

Prices and Promotions

The prices listed on our website are subject to constant updates. In case of pricing errors, we reserve the right to cancel the order and inform you of the mistake.

Promotional offers are available while stocks last or within the specified period on the Website. Additional terms may apply.

Payment

You can pay for your order using one of the methods provided on the Website. It is your responsibility to provide accurate and complete billing information. The invoice will be sent via email or included with your delivery. Please refer to our Privacy Policy to understand how we and our payment partners process your personal data and payment information.

Right to withdraw

According to applicable law, you have the right to withdraw from this agreement within 14 calendar days without giving a reason and without incurring any costs other than delivery charges. The withdrawal period will expire after 14 days from the day of delivery of your DNA Kit. To be eligible for withdrawal your DNA Kit must be returned intact and unopened.

For details on how to exercise your right to withdraw, please refer to our Return Policy.

1. Website Information

All articles, materials, quotes, graphics, images, videos, and other information provided through our Website, as well as information communicated by us during telephone conversations, via email, or through messaging applications (collectively, "Information"), may be protected by applicable intellectual property laws and treaties. This information is provided solely for informational purposes and is general in nature.

The Information is not intended to serve as advice or opinions on which you should rely when making any decisions, including but not limited to medical, financial, psychological, or legal decisions. We make reasonable efforts to update the Information regularly; however, we do not make any warranties or representations, express or implied, regarding the accuracy, completeness, or currentness of the Information.

We strongly recommend consulting a certified professional in the relevant field before making any decisions or taking any actions based on the Information provided on our Website.

Links to Other Websites

Our Website may contain links to third-party websites or resources that we do not own or control. These links are provided for your convenience and information only. We do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites.

1. Generic

Termination

We reserve the right to restrict your access to our Website and terminate our agreement regarding your purchase of DNA Services under exceptional circumstances, including:

– breach of these Terms;

– if we believe your actions may be harmful to us, our software or hardware, or third parties or violates applicable law;

- if required by a court order or applicable law.

Before termination, we will send you a notice to the email address associated with your account and provide an opportunity to address the issue. If you do not respond or take appropriate action within a reasonable period, not exceeding five days from the date of this notice, the termination will be executed.

Immediate termination without notice may occur if:

– the breach is repeated or involves a violation of our Acceptable Use Policy;

– notification could compromise the security of our operations;

– legal reasons prevent us from providing notice;

– notification could cause harm to a third party.

Termination does not relieve you of the obligation to pay any fees owed up to the termination date. Provisions that naturally survive termination, such as ownership rights, warranty disclaimers, indemnity, and liability limitations, will remain in effect.

Modification

We may need to update these Terms for various reasons, including:

– compliance with legislative changes or regulatory requirements;

– changes to our services, including the addition of new features or products;

– clarifications or improvements to make the Terms more understandable or beneficial;

– to prevent abuse or harm.

We will notify you of any changes by posting a notice on this page. For significant changes, we will also notify you by email or through the services, unless:

– the change relates to a new service or product.

– the change needs to be implemented immediately due to legal requirements or to prevent abuse or harm.

Disclaimer of Warranties

We provide the Website with reasonable skill and care. Except as expressly stated in this agreement and to the maximum extent permitted by law, we make no guarantees about the content, availability, or reliability of the Website. The Website is provided "AS IS" and "AS AVAILABLE." We do not guarantee that the Website will be uninterrupted, timely, secure, or error-free. We expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. If you encounter errors or limitations while using the Website, you agree to notify us, and we will work with you to resolve the issue.

Limitation of Liability

To the fullest extent permitted by applicable law, we, our affiliates, officers, directors, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use our Website or purchase DNA Services; (ii) any conduct or content of any third party on our Website; (iii) any content obtained from our Website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

Force Majeure

Neither party will be liable for failure to perform due to events beyond their control, such as denial-of-service attacks, failure by a subcontractor, strikes, shortages, riots, fires, acts of God, war, terrorism, or governmental action. We will make reasonable efforts to resume performance as soon as possible. If such events continue for more than 60 days, either party may terminate the agreement with notice.

Indemnification

You agree to indemnify us, our administrators, agents, employees, and contractors against any claims, demands, liabilities, damages, losses, and costs, including fines or actions by government authorities, arising from your breach of this agreement, illegal use of our Website or purchase of DNA Services.

Disputes and Applicable Law

The parties will attempt to resolve any disputes amicably. If a resolution is not reached within 30 days, the dispute will be settled by the competent courts. This agreement is governed by the laws of Romania, and the courts of Timiș County shall have jurisdiction.

Final Terms

These Terms constitute the entire understanding between the parties regarding its subject matter and supersede all prior agreements and communications. Any modification, amendment, or waiver of any provision must be in writing.

These terms only govern the relationship between the parties. You may not transfer any rights or obligations to third parties without our written consent. We may assign rights and obligations to a corporate affiliate or related to a merger, acquisition, or corporate reorganization without needing your consent.

Failure to exercise a right under this agreement does not constitute a waiver of that right.

Notices must be in writing and sent by mail, email, or courier. Notices to you will be sent to the email address associated with your account and are considered communicated when sent. Notices to us should be sent to office@optimallifestyle.ro

If any term of this agreement is found to be invalid or unenforceable, the remaining terms will remain in effect.