Main Services Agreement

Terms and Conditions

Your purchase or use of any DNA Behavior product or service, whether or not through any DNA Behavior website, will be deemed acceptance of the terms and conditions specified in the Main Services Agreement.

Last updated October 16, 2026

 

1. Agreement to Terms

This Main Services Agreement constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and DNA Behavior Solutions LLC, doing business as DNA Behavior ("DNA Behavior", “we”, “us”, or “our”), concerning your access to and use of the https://dnabehavior.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Georgia, United States, and have our registered office at 3535 Peachtree Rd. NE, Suite 320, Atlanta, GA 30326. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of this Main Services Agreement, including the User Agreement posted on the Site, which are incorporated into this Main Services Agreement. IF YOU DO NOT AGREE WITH ALL OF THIS MAIN SERVICES AGREEMENT, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

For HelixBOS Behavioral Operating System deployments, the HelixBOS Platform Services Addendum at https://dnabehavior.com/helixbos-platform-services-policy is incorporated into and supplements this Main Services Agreement.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to this Main Services Agreement from time to time. We will alert you about any changes by updating the “Last updated” date of this Main Services Agreement, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Main Services Agreement by your continued use of the Site after the date such revised Main Services Agreement are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to this Main Services Agreement prior to you using the Site.

 

2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in this Main Services Agreement, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

3. User Representations

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with this Main Services Agreement; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

4. User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

5. Fees and Payment

We accept the following forms of payment:

- Credit Card

- Invoice

- Electronic Transfer

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

 

6. Free Trial

We offer a 14-day free trial to new users who register with the Site. The account will be charged according to the user’s chosen subscription at the end of the free trial.

 

7. Cancellation

You can cancel your subscription at any time. DNA Behavior subscriptions have a 12-month term. The subscription agreement will automatically renew at the prices published on the website at the end of the 12-months term unless written notice of termination is sent 30-days prior to the commencement of the next renewal term by either party. . Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our services, please email us at dnalegal@dnabehavior.com or call us at 866-791-8992.

 

8. Prohited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

    • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
    • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
    • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
    • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
    • Use any information obtained from the Site in order to harass, abuse, or harm another person.
    • Make improper use of our support services or submit false reports of abuse or misconduct.
    • Use the Site in a manner inconsistent with any applicable laws or regulations.
    • Engage in unauthorized framing of or linking to the Site.
    • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
    • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
    • Delete the copyright or other proprietary rights notice from any Content.
    • Attempt to impersonate another user or person or use the username of another user.
    • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
    • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
    • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
    • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
    • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
    • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
    • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
    • Use a buying agent or purchasing agent to make purchases on the Site.
    • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
    • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
    • Sell or otherwise transfer your profile.
    • Use the Site to advertise or offer to sell goods and services.
    • Share Named User (Account administrator) licenses with more than one user.
    • Sell discovery processes, reports, or system access directly on an ecommerce basis without bundling this with your services and without prior written permission from DNA Behavior.
    • Anyone other than a Registered Administrator in your firm creating support tickets or engaging with the DNA Behavior Support team on behalf of your organization.

 

9. User-Generated Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

    • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
    • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and this Main Services Agreement.
    • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and this Main Services Agreement.
    • Your Contributions are not false, inaccurate, or misleading.
    • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
    • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
    • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
    • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
    • Your Contributions do not violate any applicable law, regulation, or rule.
    • Your Contributions do not violate the privacy or publicity rights of any third party.
    • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
    • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
    • Your Contributions do not otherwise violate, or link to material that violates, any provision of this Main Services Agreement, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates this Main Services Agreement and may result in, among other things, termination or suspension of your rights to use the Site.

 

10. Contribution License

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 

11. Social Media

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

 

12. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

13. Third-Party Websites and Content

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware this Main Services Agreement no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 

14. U.S. Government Rights

Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of this Main Services Agreement in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of this Main Services Agreement in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202-3. In addition, DFARS 252.227-7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under this Main Services Agreement.

 

15. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of this Main Services Agreement; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or this Main Services Agreement, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

 

16. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: https://dnabehavior.com/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into this Main Services Agreement. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

 

17. Copyright Infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

 

18. Term and Termination

This Main Services Agreement shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THIS MAIN SERVICES AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS MAIN SERVICES AGREEMENT OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

19. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in this Main Services Agreement will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

 

20. Governing Law

This Main Services Agreement and your use of the Site are governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be entirely performed within the State of Georgia, without regard to its conflict of law principles.

 

21. Dispute Resolution


Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to this Main Services Agreement (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration.

Such informal negotiations commence upon written notice from one Party to the other Party. For DNA Behavior to receive effective notice, any such written notice must be sent by email to dnalegal@dnabehavior.com and, simultaneously, by overnight courier to the principal place of business address set out in Section 30. Notice to DNA Behavior is deemed received upon confirmed email delivery. The 30-day negotiation period does not commence until email notice has been delivered and confirmed. Notice sent solely to a physical or registered address without email confirmation shall not constitute valid notice for purposes of this section.

For formal service of legal process in connection with litigation or arbitration proceedings, service must be made on DNA Behavior’s registered agent: Northwest Registered Agent Service, Inc., 8735 Dunwoody Place, Suite N, Atlanta, GA 30350.


Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Fulton, Georgia. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Fulton, Georgia, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from this Main Services Agreement.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. This limitation applies without exception to all claims including those arising from the collection, use, storage, disclosure, or alleged misuse of behavioral assessment data, personal information, or reports generated through the Site, regardless of how such claims are characterized. If the one-year limitation period in this paragraph is found by a court to be illegal or unenforceable under applicable law, the shortest limitation period permitted by law shall apply in its place, and such Dispute shall be resolved in accordance with the arbitration provisions above or, if those provisions do not apply, by a court in Fulton, Georgia.


Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, or unauthorized access to or use of the Site or its content (but expressly excluding any claims characterized as invasion of privacy, misappropriation of name or likeness, or public disclosure of private facts, which remain subject to arbitration under this Section); and (c) any claim for injunctive relief where immediate court action is necessary to prevent irreparable harm pending arbitration. If any of the exceptions set forth in (a), (b), or (c) above is found by a court to be illegal or unenforceable as applied to a particular Dispute, that Dispute shall be decided exclusively by a court of competent jurisdiction in Fulton, Georgia, and the Parties agree to submit to the personal jurisdiction of that court. All other exceptions and arbitration provisions remain in full force and effect.

 

22. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

23. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

24. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. FOR THE AVOIDANCE OF DOUBT, THIS LIMITATION APPLIES TO ALL CLAIMS ARISING FROM THE COLLECTION, PROCESSING, STORAGE, DISPLAY, OR DISCLOSURE OF BEHAVIORAL ASSESSMENT DATA, PERSONAL INFORMATION, OR REPORTS GENERATED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO CLAIMS CHARACTERIZED AS INVASION OF PRIVACY, MISAPPROPRIATION OF NAME OR LIKENESS, OR VIOLATION OF ANY FEDERAL OR STATE PRIVACY STATUTE. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

25. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of this Main Services Agreement; (4) any breach of your representations and warranties set forth in this Main Services Agreement; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

26. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, for conducting research studies and product development, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss, corruption, unauthorized access to, or disclosure of any such data, including behavioral assessment data and reports generated through the Site, and you hereby waive any right of action against us arising from any such loss, corruption, access, or disclosure, to the fullest extent permitted by applicable law. This Section 26 is subject to Section 26C. The limitation and waiver in the preceding sentence do not apply to the extent any loss, unauthorized access to, or disclosure of Profile Data is caused by our failure to meet our obligations as a data processor under Section 26C(c).

26A. BEHAVIORAL ASSESSMENT ACKNOWLEDGMENTS

By completing any DNA Behavior behavioral assessment, discovery process, or digital scan, you acknowledge and agree that: (a) DNA Behavior operates an open behavioral intelligence culture in which team members, contractors, and platform users may share and display their behavioral profiles within the DNA Behavior platform and, where applicable, on DNA Behavior’s public and internal communications; (b) reports generated from your assessment data may be made available to administrators and other authorized users within your organization’s DNA Behavior account; (c) your completed assessment and the resulting profile are private to you and are treated as Profile Data under Section 26C, whereas a Digital Scan generated solely from publicly available information is governed by Section 26D; (d) assessment reports are provided for the purposes of professional development, communication coaching, team alignment, and relationship intelligence, and are not intended to be used as the sole basis for high-stakes employment, financial, or legal decisions without independent verification; and (e) you consent to DNA Behavior’s use of your assessment data for research, product development, and platform improvement purposes in anonymized or aggregated form. Where you become a DNA Behavior team member, employee, or contractor, you expressly consent to your behavioral profile being displayed on DNA Behavior’s website and within the platform as part of DNA Behavior’s open behavioral intelligence culture, unless you withdraw such consent in writing to dnalegal@dnabehavior.com. Items (a), (b), and (e) above are subject to Section 26C. Nothing in this Section 26A transfers ownership of your Profile Data to DNA Behavior or to any Sponsor, and displaying your profile under item (a) is at your choice.

26B. NOT A CONSUMER REPORTING AGENCY

DNA Behavior is not a “consumer reporting agency” as defined in the Fair Credit Reporting Act, 15 U.S.C. § 1681a(f) (“FCRA”), and the behavioral assessment reports generated through the Site are not “consumer reports” as defined in 15 U.S.C. § 1681a(d). The Site’s behavioral assessment tools are designed for the purposes of professional development, team alignment, communication coaching, and relationship intelligence, and are not intended or designed to be used as a factor in determining an individual’s eligibility for credit, employment, insurance, or any other purpose regulated by the FCRA. By using the Site, you acknowledge and agree that the FCRA does not apply to the reports generated through the Site, and you waive any right to bring any claim against DNA Behavior under the FCRA arising from your use of the Site or the generation, storage, or disclosure of your behavioral assessment reports.

26C. OWNERSHIP AND PROCESSING OF BEHAVIORAL PROFILES

(a) Definitions. “Profile Owner” means the individual who personally completes a DNA Behavior Discovery Process or other DNA Behavior behavioral assessment. “Sponsor” means any person or entity other than the Profile Owner that pays for, requests, invites, or administers an assessment or Digital Scan, including an employer, financial advisor, coach, or other DNA Behavior client. “Profile Data” means the Profile Owner’s assessment responses and the results generated from those responses that are specific to the Profile Owner, including their Factor and Sub-Factor results, DNA Natural Behavior Style, and individual reports.

(b) Ownership. As between DNA Behavior, the Profile Owner, and any Sponsor, the Profile Owner owns their Profile Data, regardless of who paid for the assessment. Paying for, sponsoring, or administering an assessment does not transfer ownership of Profile Data to the Sponsor or to DNA Behavior, and no agreement between DNA Behavior and a Sponsor will be interpreted to do so.

(c) DNA Behavior as Data Processor. DNA Behavior processes Profile Data as a data processor on the instructions of the Profile Owner and, where the assessment is sponsored, the Sponsor, and only as described in this Main Services Agreement and our Privacy Policy, as authorized by the Profile Owner, or as required by law. DNA Behavior will apply reasonable administrative, technical, and organizational safeguards to protect Profile Data. A completed profile is private to the Profile Owner, regardless of whether similar characteristics could be estimated from publicly available information. Where DNA Behavior uses Profile Data for its own purposes, including creating anonymized or aggregated data for research, product development, and platform improvement under subsection (h) and Section 26A(e), DNA Behavior acts as a data controller for that processing and is responsible for complying with the laws that apply to it in that role.

(d) Sponsor Access. When a Profile Owner completes an assessment at a Sponsor’s invitation, the Profile Owner authorizes DNA Behavior to make their Profile Data available to the Sponsor’s administrators and authorized users for the purposes for which the Sponsor offered the assessment, such as professional development, communication coaching, team alignment, and relationship intelligence. This is a limited, non-exclusive, non-transferable permission and not a transfer of ownership. A Profile Owner may withdraw Sponsor access going forward by written notice to dnalegal@dnabehavior.com. Withdrawal does not affect reports the Sponsor received before the withdrawal takes effect.

(e) Profile Owner Rights. A Profile Owner may request: (i) a copy of their Profile Data in a commonly used electronic format; (ii) continued access to their Profile Data through an individual account after their relationship with a Sponsor ends, subject to DNA Behavior’s then-current terms and pricing for individual accounts; and (iii) deletion of their Profile Data, subject to DNA Behavior’s legal and regulatory retention obligations. Requests should be sent to dnalegal@dnabehavior.com. DNA Behavior may verify the requester’s identity before acting on a request.

(f) Anonymization. Profile Data may be anonymized in the DNA Behavior system at the request of the Profile Owner or the Sponsor. Once anonymized, the data can no longer be linked to the Profile Owner, and reports or team analytics that depend on identifying the Profile Owner may no longer be available.

(g) No Sale of Profiles. DNA Behavior does not sell completed profiles. A Sponsor must not sell, resell, rent, license, or otherwise transfer completed profiles or Profile Data to any third party.

(h) Anonymized and Aggregated Data. The Profile Owner grants DNA Behavior a non-exclusive, royalty-free license to use Profile Data to provide the services and to create anonymized or aggregated data for research, product development, and platform improvement, as described in Section 26A(e). Anonymized or aggregated data that does not identify the Profile Owner is not Profile Data and is owned by DNA Behavior.

(i) DNA Behavior Intellectual Property. The Profile Owner’s ownership of Profile Data does not extend to DNA Behavior’s assessment instruments, questions, scoring algorithms, norms, methodologies, report templates, narrative content, software, or Marks, which remain DNA Behavior’s property under Section 2. DNA Behavior grants the Profile Owner a perpetual, non-exclusive, royalty-free license to use the DNA Behavior content contained in their own reports for their personal, non-commercial purposes.

(j) Order of Precedence. If this Section 26C conflicts with any other provision of this Main Services Agreement, or with any order form or agreement between DNA Behavior and a Sponsor, concerning ownership of, control of, or access to Profile Data, this Section 26C controls.

26D. DIGITAL SCANS
(a) What a Digital Scan Is. A “Digital Scan” is a data analytics service that DNA Behavior performs for a Sponsor, or that a Partner performs using DNA Behavior technology under Section 26F. It generates an estimated behavioral model of an individual (the “Scanned Individual”), comparable to a persona model. A Digital Scan is an estimate. It is not a completed profile and is not Profile Data unless subsection (c) applies.

(b) Digital Scans from Publicly Available Information. Where a Digital Scan is created solely from publicly available information, the behavioral characteristics it describes are not private, secluded, or secret facts within the meaning of any applicable privacy law. Subject to applicable law, examples include a financial professional scanning a prospect or client, or a Pegasus Ratings analysis of a leadership team. In each case using public data sources.

Information that is not private may still be personal data or personal information regulated by applicable privacy and data protection laws, and nothing in this Section 26D exempts DNA Behavior or any Sponsor from those laws. DNA Behavior processes these Digital Scans as a data processor on the Sponsor’s instructions. Where DNA Behavior also uses the resulting information for its own analytics, research, and product development purposes, it acts as a data controller for that use and will comply with the laws that apply to it in that role, including providing any required notices and honoring any applicable rights of the Scanned Individual.

(c) Digital Scans Using Private Information. If any part of a Digital Scan is created from information that is not publicly available, including information from a Sponsor’s own systems or databases, the Digital Scan will be treated as private, will be owned by the Scanned Individual, and will be handled as Profile Data under Section 26C.

(d) No Resale. DNA Behavior does not sell, resell, rent, or license Digital Scans or the information used to create them. A Sponsor must not sell, resell, rent, license, or otherwise transfer a Digital Scan to any third party.

(e) Sponsor Responsibility for Lawful Use. The Sponsor is solely responsible for determining whether it may lawfully request and use a Digital Scan, including providing any required notices, obtaining any required consents, and complying with its own policies and with all laws and regulations that apply to it, such as privacy, data protection, employment, anti-discrimination, consumer protection, and financial services rules. If the Sponsor’s policies or the laws of any jurisdiction that apply to it prohibit or restrict persona modeling, profiling, or data analytics about an individual, including analytics about its customers based on their private information, the Sponsor must not request or use a Digital Scan except to the extent permitted. A Sponsor that matches, links, or identifies a Digital Scan using private information held in its own systems does so under its own legal obligations.

(f) Limits on Use. A Digital Scan must not be used as the sole basis for a high-stakes decision, and must not be used to determine eligibility for credit, employment, insurance, housing, or any other purpose regulated by the FCRA (see Section 26B).

(g) DNA Behavior’s Role and Liability. DNA Behavior will process Digital Scans in compliance with the laws that apply to it as a data processor and, for its own use under subsection (b), as a data controller. DNA Behavior is not responsible or liable for a Sponsor’s decision to request a Digital Scan, for the Sponsor’s legal basis for doing so, or for the Sponsor’s use of a Digital Scan. The Sponsor will defend, indemnify, and hold DNA Behavior harmless from any claim arising from the Sponsor’s request for or use of a Digital Scan in breach of this Section 26D or applicable law.

(h) Anonymization. A Digital Scan may be anonymized in the DNA Behavior system at the request of the Sponsor or the Scanned Individual.

(i) One Sponsor per Scan. Each Digital Scan is created for a single Sponsor. DNA Behavior does not reuse or transfer a Digital Scan created for one Sponsor to any other Sponsor. A request from a different Sponsor requires a new Digital Scan.

(j) Replacement on Completion. If a Scanned Individual completes a DNA Behavior Discovery Process at the invitation of a Sponsor that holds a Digital Scan of that individual, the completed profile replaces the Digital Scan. DNA Behavior will remove the Digital Scan from that Sponsor’s account and delete it, other than anonymized or aggregated data derived from it. The completed profile is Profile Data under Section 26C, and the Sponsor’s access to it is governed by Section 26C(d).

(k) DNA Behavior Research and Published Ratings. DNA Behavior may create Digital Scans from publicly available information on its own initiative for research and for published analytics products, such as Pegasus Ratings. DNA Behavior acts as a data controller for this processing. DNA Behavior will publish or sell only aggregated results that do not identify, and cannot reasonably be used to identify, any individual, and will not publish or sell any individual Digital Scan or any role-level result that can be attributed to a specific person. Digital Scans created under this subsection are not provided to any Sponsor; a Sponsor request for analysis of the same individuals requires new Digital Scans under subsection (i). Completed profiles are not used in published results unless each Profile Owner has consented or the data has been anonymized under Section 26C(h).

26E. HARMFUL AND UNLAWFUL USE
DNA Behavior will not knowingly process, or knowingly allow any Sponsor or user to process, a behavioral assessment, completed profile, or Digital Scan where DNA Behavior knows, or has been made aware of facts that clearly indicate, that the information is being or will be used for a harmful or unlawful purpose. Harmful or unlawful purposes include unlawful discrimination; harassment, stalking, or intimidation; fraud, scams, or deceptive manipulation; exploitation of vulnerable people, including elder financial abuse; unlawful surveillance; and any use prohibited by Section 26B or 26D(f). DNA Behavior does not monitor or verify the purposes for which Sponsors or users use profiles or Digital Scans and has no obligation to do so; responsibility for lawful use rests with the Sponsor or user. If DNA Behavior becomes aware of such use, it may refuse, suspend, or stop processing, disable access, and delete or anonymize the affected data, without liability to the Sponsor or user. Suspected misuse can be reported to dnalegal@dnabehavior.com.

26F. PARTNER-HOSTED DEPLOYMENTS
(a) DNA Behavior may license its assessment and Digital Scan technology to an authorized partner (“Partner”) to operate within the Partner’s own technology environment. In a Partner-hosted deployment, the Partner, not DNA Behavior, administers assessments and performs Digital Scans, acts as the controller of all identifiable data, and is responsible for complying with the laws that apply to it.

(b) DNA Behavior receives only data that the Partner has de-identified. DNA Behavior will not attempt to re-identify any individual, and the Partner must not provide DNA Behavior with any means to do so.

(c) The Partner must apply Sections 26C, 26D, and 26E to all completed profiles and Digital Scans in its environment. In particular: completed profiles are owned by their Profile Owners; profiles and Digital Scans must not be sold, resold, or transferred; and Digital Scans must not be provided to advisors or other third parties except as those Sections permit.

(d) The Partner must honor Profile Owner requests for a copy, transfer, anonymization, or deletion of their profile. DNA Behavior will forward to the Partner any request it receives about a profile held in a Partner-hosted deployment.

(e) Licensing DNA Behavior technology to a Partner is not a sale or license of Digital Scans under Section 26D(d).

 

27. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

28. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

29. Miscellaneous

This Main Services Agreement and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this Main Services Agreement shall not operate as a waiver of such right or provision. This Main Services Agreement operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of this Main Services Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Main Services Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this Main Services Agreement or use of the Site. You agree that this Main Services Agreement will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Main Services Agreement and the lack of signing by the parties hereto to execute this Main Services Agreement.

ASSIGNMENT OF RIGHTS: DNA Behavior may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of DNA Behavior, and any such attempted assignment will be void and unenforceable.

PRICING: DNA Behavior reserves the right to vary prices on a reasonable basis at any time. The prices are net of all income, withholding, sales, GST, VAT (such taxes to be borne by the purchaser).

ARTIFICIAL INTELLIGENCE (AI) USAGE: By using our Gene AI chatbot tool, you acknowledge and agree to the following:

  1. Generative AI Usage: Our chatbot employs generative AI technology to respond and engage in conversations about behavior and money insights from the DNA Behavior Discovery Process and related interpretation materials. These responses are generated by machine learning algorithms and may not always reflect the official policies or opinions of your company.

  2. Review of Internal Policies: It is essential for individuals and firms using our Gene AI chatbot tool to review and be aware of their own company's internal policies, guidelines, and industry-specific regulations. The responses generated by the chatbot are based on available data and may not consider the unique policies and practices of your organization.

  3. Human Monitoring: Please be aware that interactions with the chatbot, including prompts and responses, may be monitored by human operators for quality assurance, training, and improvement purposes. This monitoring ensures that the chatbot continues to provide accurate and helpful information.

  4. User Responsibility: Users are responsible for ensuring that their interactions with the chatbot comply with their company's policies and any applicable laws and regulations. While the chatbot aims to provide assistance, final decisions and actions should be made in accordance with your organization's internal guidelines.

  5. Limitations: Our Gene AI chatbot tool has limitations and may not always provide perfect answers. Users should exercise discretion and critical judgment when relying on information provided by the chatbot. By continuing to use our Gene AI chatbot tool, you accept these terms and conditions, including the AI-specific provisions outlined above. If you do not agree with these terms or have any concerns, please refrain from using the chatbot tool.

 

30. Contact Us

In order to resolve a complaint regarding the Site, or to receive further information regarding use of the Site, you must contact us at:

dnalegal@dnabehavior.com


In addition to contacting us by email, you may contact us at:

DNA Behavior Solutions LLC
3535 Peachtree Rd. NE
Suite 320
Atlanta, GA 30326
United States

Phone: 866-791-8992


For service of legal process only:

Northwest Registered Agent Service, Inc.
8735 Dunwoody Place
Suite N
Atlanta, GA 30350
United States