terms and conditions
The following Terms and Conditions apply to testing services provided by Face IT DNA Technology LLC. See also Site Usage Policies below.
1.1 “FIDT” means “Face IT DNA Technology LLC.”
1.2 “Client” means the person(s) or legal entity that purchases Services from FIDT, any test participant who submits biological samples to FIDT for Services, and/or the legal guardian of a test participant who may be a minor or a legally incompetent adult.
1.3 “Services” means DNA Testing Services and Facial Recognition Services provided by FIDT. “Services” does not include provision of any health or wellness or medical analysis or advice. FIDT does not provide testing for health or disease-related purposes.
1.4 “Facial Recognition Services” means the provision of analysis of photographs using Electronic DNA Facial Point Connectivity to determine genetic commonality between or among the subjects of the photographs. “DNA Face Matching” and “DNA Facial Recognition” refer to Facial Recognition Services. Facial Recognition Services are provided by or through Face IT DNA Technology LLC.
1.5 “DNA Testing Services” means the provision of laboratory analysis of biological samples to determine genetic commonality between or among the sources of the biological samples.
2.1 The Client agrees to the Terms and Conditions by: (1) using Services, (2) clicking to accept or agree to the Terms and Conditions, or (3) submitting biological samples or photographs to FIDT. The Client may not use any Services if the Client does not agree to and accept the Terms and Conditions.
2.2 The Services provided by FIDT are solely for the use of the Client. FIDT makes no representation, expressed or implied that the result of the Services is useful for any purpose other than the Service purchased by the Client.
2.3 FIDT does not guarantee that the biological samples or photographs provided by the participant shall be suitable for Services, or that Services shall provide a conclusive result. Biological samples or photographs submitted to FIDT will not be returned.
2.4 FIDT may use any third party of its choice to perform any portion of the Services.
2.5 FIDT reserves the right to perform Services using methods and processes that FIDT deems appropriate.
2.6 For biological samples collected in New York State for DNA Testing Services, an Authorizing Agent (i.e., a doctor or lawyer licensed in New York State) must authorize the DNA Testing Services. The Authorizing Agent will also receive test results.
2.7 Results for Facial Recognition Services may be derived from a manual or automated review, or a combination thereof. Results are not based on testing of biological samples.
2.8 FIDT does not represent that the results from its Facial Recognition Services are admissible in a court of law. FIDT understands that such results are currently not admissible. The photographs submitted for your report will be manually reviewed prior to the release of the report. A Facial Recognition Services report should not take the place of a physician’s order or the results from a blood (or biological sample) test.
2.9 Results for Facial Recognition Services may be available the same day of your submission. In order to have same day results the Client must submit a questionnaire and photograph before 4:00 pm Central time. For information submitted later, results for Facial Recognition Services will provided the following day (even on weekends) by 9:00 pm Central time. Holidays and technical difficulties may affect result times.
2.10 For biological samples collected via Chain-of-Custody (including New York State), FIDT rigorously follows nationally and internationally recognized standards for court-admissible test results. While FIDT test results are routinely accepted by courts worldwide, each court (or judge) ultimately determines admissibility. FIDT does not guarantee that the results of the Services will be admissible in a court.
2.11 Guidance for interpreting the results can be obtained by contacting FIDT.
2.12 FIDT reserves the right to refuse service, including to refuse to test any biological samples or photographs received.
3.1 Payment in full or an agreed upon deposit is required before Services can begin. Payments can be made with a valid credit/debit card or prepaid card. Personal checks are not accepted. Personal checks received by FIDT will be immediately destroyed and Services will be on hold until payment in full has been made.
4.1 Copies of results of Services are sent to the Client via email and U.S. mail upon request. The Client agrees that FIDT, its affiliates, its contractors, its distributors, and its suppliers are not responsible or liable for access to order information or results, or for any reaction a person may have upon receiving results.
4.2 Order information and results of Services are accessible by the Client. Order information and results of Services are also accessible by a test participant’s legal guardian when the participant is a minor or a legally incompetent adult, even if the legal guardian is not a participant in the test.
4.3 FIDT may use email and/or text messaging to convey order status as requested. Standard email or text messaging may not be confidential, so FIDT strives to use the minimum necessary amount of personal information when communicating via email/text message. The Client understands that email and/or text messaging pose risks to the confidentiality of the Client’s information. Nevertheless, the Client accepts this risk and agrees to communication by email and/or text messaging.
4.4 Notwithstanding anything in section 4, all data, forms, customer information, or other information submitted to FIDT by the Client will be stored by FIDT in hardcopy and/or electronic form, with case access provided to the Client, to FIDT, and to government agencies as required by applicable laboratory accreditation guidelines, or as may be required by law. FIDT may provide this information to contractors for the provision of Services.
4.5 The Client authorizes FIDT, along with its agents and contractors, to collect the Client’s information uploaded to FIDT’s website, including photographs, to perform Facial Recognition Services. If the Facial Recognition Services involves a person who is a minor or who is otherwise legally incompetent, the Client attests that he/she has the legal authority to consent to the Facial Recognition Services and assumes all legal responsibilities related to the provision of those services.
4.6 The Client agrees to hold harmless FIDT and its contractors, officers, agents, employees, representatives, vendors, affiliates, distributors, suppliers, and any person or entity for any injury related to Services, including any injury related to the Client’s provision of information through FIDT’s website.
4.7 FIDT and its contractors may use information or samples provided by the Client to improve or develop existing or new services or goods, including by using the information or samples for scientific research to improve or prove technology. For example, FIDT and its contractors may use the Client’s information or samples in experiments designed to test, improve, or prove the efficacy of analysis of biological samples or photographs and may publish the results of such experiments and may incorporate the results of such experiments into existing or new technology. The Client understands that by providing information to FIDT, the Client does not acquire any rights in any research or developments based in any way on the Client’s information. The Client is not entitled to any compensation for the Client’s information provided to FIDT, regardless of whether FIDT or its contractors use that information to improve, create, prove, or market any goods or services. To the extent that the Client may acquire any right or interest in any research or development through provision of information to FIDT, the Client hereby assigns all such right or interest to FIDT.
- Warranties and Indemnity
5.1 The Client warrants that he/she is legally entitled to perform any particular act either directly or indirectly in order to obtain, possess, and provide the biological samples or photographs for FIDT to perform the Services for the Client.
5.2 The Client agrees to indemnify FIDT or its contractors, officers, agents, employees, representatives, vendors, affiliates, distributors, and suppliers against all costs, claims, demands, expenses and liabilities of any nature that may arise from Services provided to the Client.
- Disclaimers and Liabilities.
FIDT DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.1 FIDT does NOT warrant to the Client: (a) that the Services provided to the Client shall meet the expectations of the Client; or (b) that Services shall be free from minor defects or errors (such as typos or printing errors) that do not materially affect the accuracy of the test results.
6.2 In no event shall FIDT or its contractors, officers, agents, employees, representatives, vendors, affiliates, distributors, or suppliers be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever that may arise from Services provided to the Client.
6.3 The Client understands and agrees that any and all liability of FIDT or its contractors, officers, agents, employees, representatives, vendors, affiliates, distributors, or suppliers shall be limited to either re-performing the Services at no cost to the Client, or refunding the amount received by FIDT for such Services. In no event will FIDT or its contractors, officers, agents, employees, representatives, vendors, affiliates, distributors, or suppliers, be liable to the Client, under any theory, in an amount that exceeds the Client’s payment for Services.
6.4 The Client understands that the results of Services may provide startling, disconcerting, or otherwise troubling information. This information may evoke strong emotions and has the potential to alter the Client’s life and worldview. For example, the Client may discover things outside of the Client’s control (e.g., surprising facts related to the Client’s paternity or relations). These outcomes could have social, legal, or economic implications. These implications are entirely the Client’s responsibility and are not in any way FIDT’s responsibility.
- Third Parties.
A person who is not the Client of FIDT has no right to enforce any of these Terms and Conditions.