These Terms of Service, which we’ll refer to simply as the “Terms,” set out the rules by which you may use our Services. The Terms explain how our Services work and provide you with a list of the “dos and don’ts” when using them. These Terms are more than just rules, though – they form a legally binding contract between us and you that you accept when you use our Services. Please read through this document carefully and make sure these Terms are acceptable to you. If you don’t agree to any of these Terms, do not continue using the Services. If you have any questions, please don’t hesitate to contact us at [email protected].
1. The Basics
- Key Terms
- We are Gene-G Ltd. and we’ll refer to ourselves as “Gene-G,” “us,” “our,” or “we.” Our offices are located at Horesh Alonim 10, Ramat Yishay, Israel, and our registration number is 515189983.
- When we use the term “you,” we mean anyone using our Services. When we refer to our “Site,” we mean our website that provides information about us and our services, and when we refer to our “Services,” we mean any services available on the Site.
- When we use the term “Content,” we mean any materials provided in our Site such as, but not limited to, text, images, diagrams, articles, posts, videos, and reports.
- Privacy and DNA Data Protection. When you use our Services, we collect Personal Data and Genetic Data (as defined in the Privacy Notice) about you and your samples. DNA samples and genetic information are subject to additional protections under applicable data protection laws and industry standards. Physical samples will be securely destroyed within 60 days after analysis completion unless you specifically request and we agree to extended retention. Check out our Privacy Notice at www.gene-g.com/privacy-notice/ for details about the types of Personal Data and Genetic Data we collect, how long we retain samples and data, what we do with it, the security measures we use to keep it safe, and the rights you have regarding your Personal Data and Genetic Data. You have the right to request immediate destruction of physical samples and deletion of genetic data, which we will honour subject to our retention policies, legal obligations and technical feasibility.
- Changes to these Terms. We may update these Terms from time to time and will post the updated version on this page with the date it was published. Please check this page occasionally to make sure you’re aware of the Terms that apply to you. If you continue to use our Services after we update the Terms, that means that you agree to and accept the updated version.
2. Our Services
Subject to these Terms, Gene-G allows you to use the Services on a non-exclusive basis for your personal purposes.
- DNA Testing Services. Our Services include DNA marker diagnostics for agricultural applications, including but not limited to: (a) marker-assisted selection (MAS) testing; (b) marker-assisted backcross (MAB) analysis; (c) seed genetic purity testing; and (d) varietal identification services for tomato, pepper, cucumber, watermelon, melon, and squash crops. All testing is performed using advanced genomic technologies and follows industry-standard protocols and applicable data protection requirements. Gene-G makes no warranties regarding the accuracy, completeness, or reliability of test results and shall not be liable for any direct, indirect, or consequential damages arising from the use of these services.
- Results and Interpretation. DNA test results are provided solely for informational and research purposes only and constitute strictly confidential genetic data. Results do not constitute professional advice and shall not be relied upon for breeding decisions, crop management, or commercial viability assessments. You expressly acknowledge and agree that you are solely responsible for interpreting results in consultation with qualified agricultural professionals. We handle all genetic data in strict compliance with applicable data protection laws and our Privacy Policy. Test results provided by Gene-G are for informational and research purposes only and do not constitute regulatory certification, phytosanitary clearance, or compliance with trade, agricultural, or governmental requirements. Clients are solely responsible for ensuring compliance with all applicable regulatory, legal, and commercial standards.
3. Use Restrictions
- You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Services without our prior written authorization, including framing or mirroring any part of the Services; (2) copy, modify, or distribute the Services in any manner not permitted by these Terms; (3) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (4) use the Site, Services, or Content thereon in connection with any commercial endeavours in any manner, except for the purposes specifically set forth in these Terms; (5) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce the Content or circumvent the navigational structure or presentation of the Services in any other way; (6) remove, alter, or conceal any copyright, trademark, service mark or other such notices incorporated in the Services; and (7) use the Site, Services, or Content in any manner not permitted by these Terms or applicable law.
- You may not use our Services if doing so is unlawful. We will cooperate with any law enforcement authorities or court orders requesting that we disclose the identity or behaviour of anyone believed to have violated these Terms or to have engaged in illegal behaviour in connection with the Services. We implement reasonable technical and organizational security measures to protect your data in accordance with applicable data protection laws.
- Sample Requirements and Quality. You are responsible for: (a) providing samples that are reasonably suitable for the requested testing; (b) proper sample collection, labelling, and shipping according to our protocols; (c) ensuring samples are legally obtained and you have authority to submit them for testing; (d) providing accurate information about sample origin and variety claims; (e) ensuring any personal or sensitive data associated with samples complies with applicable privacy and data protection requirements; and (f) warranting that samples are free from material contamination that could affect test results or pose safety risks. We may reject samples that do not meet our quality standards, request additional samples if initial samples are insufficient for analysis, or charge reasonable additional fees for samples requiring special handling or decontamination procedures. Plant materials provided for examination are not returned after completion of testing but are destroyed, unless you request return when entering into the contract. If you do not meet your payment obligations, we may defer return of materials until all charges are paid.
- Contaminated and Mislabelled Sample Handling. If we discover that samples are contaminated, mislabelled, or otherwise compromised after receipt: (a) we will notify you promptly and may suspend testing; (b) you must provide replacement samples meeting our quality standards within 14 days; (c) we may charge additional fees for decontamination, special handling, or repeat testing as needed; (d) we reserve the right to destroy compromised samples that pose safety risks without prior notice; and (e) you remain responsible for all fees incurred. For mislabelled samples, you must provide corrected documentation within 5 business days. We maintain detailed records of all sample handling irregularities. Multiple instances of non-compliant samples may result in additional quality control requirements or service suspension. Any delays caused by contaminated or mislabelled samples shall not count against our standard turnaround times.
4. Representations
By accepting these Terms, you represent that you are at least 18 years old and have the ability to form a binding contract. You also represent that your use of the Services will not violate any applicable law or any obligation you have to a third party.
5. Intellectual Property
- We retain all worldwide intellectual property rights, title, and interest in our Site, our Services, including its overall appearance and any text, graphics, designs, videos, interfaces, and underlying source files of the Services, any Content we provide, and our name, trademarks, and logos. In some cases we have obtained the right to use certain elements from others as part of our Services and in that case, those elements are owned by their respective owner/s. Even though we’re allowing you to use our Services, that doesn’t mean that we’re transferring ownership or any other rights to you or that we’re allowing you to use our name, any trademarks, logos, or similar property as your own.
- Retention of Title and Materials. Gene-G retains ownership of all testing materials, reagents, and proprietary methodologies used in providing Services. Plant materials and samples provided for testing will be destroyed within 60 days after analysis completion unless otherwise agreed in writing. Gene-G may retain and use aggregated, anonymized data derived from testing for research and development purposes, provided that no client-specific information is disclosed to third parties. Any improvements to testing methodologies or processes developed during service provision may be retained by Gene-G for future applications. Any variations from this provision shall be included in the contract.
- Gene-G makes no representation or warranty that its Services or outputs are free from infringement of third-party intellectual property rights. Clients shall refrain from using the Services in any manner that infringes such rights and shall promptly notify Gene-G of any third-party claims.
6. Disclaimers and Disclaimer of Warranty
- All information and Content posted on the Site is for informational purposes only and Gene-G strives to ensure accuracy but cannot guarantee results. DNA testing results are based on current scientific methods, available genetic markers, and industry-standard protocols. Testing accuracy may be affected by sample quality, contamination, limitations in current genetic databases, or other technical factors. Results apply only to the specific samples tested and not to entire batches or populations unless explicitly stated. Your use of the Services is at your sole discretion and risk. The Services and any Content are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, and we expressly disclaim all warranties, whether express, implied or statutory. We do not warrant that the Services will meet your specific breeding or agricultural needs.
- WE DO NOT MAKE ANY ADDITIONAL WARRANTIES (IMPLIED, STATUTORY, OR OTHERWISE) ABOUT THE SITE, SERVICES, DNA TESTING RESULTS, OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICES WILL BE OF GOOD QUALITY, USEFUL FOR YOUR SPECIFIC BREEDING NEEDS OR ANY PARTICULAR PURPOSE, ACCURATE, ERROR-FREE (OR THAT ERRORS WILL BE CORRECTED), RELIABLE, SECURE, COMPLETE, CURRENT, NON-INFRINGING, OR THAT THE SERVICES WILL BE PROVIDED IN A TIMELY MANNER. DNA TESTING RESULTS DO NOT GUARANTEE CROP PERFORMANCE, YIELD, OR COMMERCIAL SUCCESS.
- We cannot control the functionality of services provided by third parties and assume no responsibility for any telephone or network line failure or interruption, or traffic congestion on the internet or on the Services themselves. We cannot control the actions of bad actors and do not guarantee that we will successfully prevent unauthorized access to or alteration of the Services.
- Our Site may provide you with links to third-party sites or services. We make no promises regarding and are not liable for the content, goods, or services provided by such third parties, including any payments submitted through such links. We also cannot make any promises about and are not liable for another party’s data protection policies. When you click on any of these links, you do so at your own risk. We urge you to exercise caution when using third-party services.
- Gene-G shall not be liable for any loss, corruption, unauthorized disclosure, or destruction of electronic or genetic data arising from cyberattacks, data breaches, or other malicious activity, except where such loss results directly from Gene-G’s gross negligence or wilful misconduct.
- In light of the above, you understand that using the Services entails some degree of risk. When you choose to use the Services, you do so at your sole discretion and risk. Some jurisdictions do not allow the exclusion of certain warranties and therefore some of the above exclusions may not apply to you. Check your local laws for any restrictions regarding the exclusion of implied warranties.
7. Indemnification
- You agree to indemnify, defend, and hold harmless Gene-G and its affiliates, directors, officers, employees, subcontractors, and agents from and against any third-party claim, damage, loss, liability, cost and expense (including reasonable attorneys’ fees) that arise from your: (a) breach of these Terms; (b) use or misuse of the Services; (c) violation of applicable law; or (d) infringement of any third party rights
8. Limitation of Liability
Nothing in these Terms excludes or limits the liability of either party for (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) wilful misconduct and—only to the extent such limitation is not permitted under applicable law—gross negligence.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GENE-G (AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, LOSS OF USE OR EQUIPMENT DOWNTIME, AND LOSSES RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT GENE-G HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GENE-G’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID GENE-G FOR USE OF THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM.
Gene-G’s procurement or maintenance of insurance (including any cyber, errors-and-omissions, or intellectual-property coverage) does not constitute an assumption of liability or create any third-party beneficiary rights. The availability of insurance proceeds shall not increase or otherwise expand the limitations or exclusions of liability set forth in these Terms.
9. General
Either party may terminate these Terms upon thirty (30) days written notice to the other party, except that Gene-G may terminate immediately for material breach or non-payment. Upon termination: (i) all licenses granted under these Terms will immediately terminate; (ii) you must immediately cease all use of the Services; and (iii) any outstanding payment obligations will become immediately due and payable.
Upon your written request following termination and full payment of all outstanding amounts, Gene-G will permanently delete all of your genetic data, user queries, chat history and other personal information from our systems within 30 days, except where we are required to retain such data by applicable law, to resolve disputes, or to enforce our rights under these Terms. We will provide written confirmation once deletion is complete.
Gene-G may suspend or terminate your access to the Services immediately upon notice if you breach any material term of these Terms or if continued access could result in legal liability for Gene-G.
10. Payment Terms and Late Fees
Commercial accounts must pay all invoices within 30 days of the invoice date. Late payments will incur interest at the rate of 1.5% per month (18% annually) or the maximum rate permitted by applicable law, whichever is less, calculated from the due date until paid in full. We reserve the right to suspend Services for accounts with payments overdue by more than 45 days. You agree to reimburse us for all reasonable costs incurred in collecting past due amounts, including collection agency fees, legal fees and court costs. For bulk testing services, we may require advance deposits or progress payments as specified in the applicable Service Order. All fees are exclusive of applicable taxes, which will be charged separately. Disputed charges must be reported in writing within 15 days of the invoice date, otherwise the invoice will be deemed accepted.
11. General
These Terms will take effect when you first use the Services and shall continue in full force and effect as long as you continue to use the Services. These Terms constitute the entire agreement between us and you regarding our Services, and any and all other agreements existing between us regarding the Services are hereby terminated. We may assign our rights and obligations in these Terms to any third party. You may not assign any of your rights or obligations in these Terms to anyone else and any attempt to do so will be void. If either party waives any rights regarding any breach or default of these Terms, that waiver shall not be deemed to waive any other breach or default. The courts in the State of Israel shall have exclusive jurisdiction over any disputes regarding these Terms. The laws of the State of Israel shall govern these Terms without regard to the United Nations Convention on the International Sales of Goods. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such provision shall be enforced to the maximum extent possible, and the remaining provisions of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between us and you, and nothing in these Terms enables you to act on our behalf. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided when contacting us.
12. Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party’s reasonable control and occurring without its fault or negligence, including: natural disasters (including pandemics), war, civil unrest, government restrictions, serious interruptions of the production process, delays in the supply of materials caused by suppliers, fire, computer failures, strikes, sickness of personnel, limitations imposed by government, plant diseases and pests directly affecting testing capabilities, agricultural seasonal factors preventing sample collection, and crop growth cycles preventing sample viability. As a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused. If force majeure conditions continue for more than 90 days, either party may terminate these Terms upon written notice to the other party.
Last updated: September 2025
