TERMS OF SERVICE

Last Updated: December 22, 2025

1. Introduction and Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “You,” or “Customer”) and BYOSOM (“Company,” “We,” “Us,” or “Our”), a simplified joint-stock company (SAS) registered in France (SIREN/Registration No. A102669), located at 1 rue de Stockholm, 75008 Paris, France.

By accessing our website (byosom.com), purchasing our DNA testing kits, or subscribing to our personalized skincare products (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OUR SERVICES.

2. Eligibility and Service Area

• Age Requirement: You must be at least eighteen (18) years of age to purchase or use our Services. By agreeing to these Terms, you represent and warrant that you are of legal age.
• Geographic Restriction: Our Services and products are currently available for purchase and shipping exclusively within the United States of America. We do not ship products or process DNA samples from outside the United States.

3. Description of Services & Medical Disclaimer

3.1 Service Overview BYOSOM provides personalized skincare recommendations and products based on genetic data obtained through an at-home DNA test kit. The process involves: (1) You purchasing a kit; (2) You collecting a buccal (cheek) swab sample; (3) Analysis of the sample by our third-party laboratory partner; and (4) Our generation of a cosmetic recommendation and formulation of personalized skincare products (e.g., face cream, serum).

3.2 NO MEDICAL ADVICE – COSMETIC USE ONLY IMPORTANT: The Services, including the DNA report and personalized skincare formulations, are for informational, educational, and cosmetic purposes only.

• Not a Medical Device: Our kits and reports are not intended to diagnose, treat, cure, or prevent any disease, medical condition, or genetic disorder.
• No Doctor-Patient Relationship: Use of our Services does not create a doctor-patient relationship.
• Consult a Professional: You should not change your health behaviors or medical treatment on the basis of this information without consulting your physician.

4. User Account & Order Management

4.1 Account Access You will not create a public social profile. Instead, you will be provided access to a personal login portal (the “Portal”) to track orders, manage subscriptions, and view reports. You are responsible for maintaining the confidentiality of your login credentials.

4.2 Accuracy of Information You agree to provide accurate, current, and complete information during the purchase and registration process. You are prohibited from submitting a DNA sample that does not belong to you or a person for whom you have legal authorization.

5. DNA Testing, Data Privacy, and Sample Handling

5.1 Consent to Processing By submitting a DNA sample, you explicitly consent to the extraction and analysis of your genetic material by BYOSOM and our designated third-party laboratory, Gene By Gene, Ltd. (located in Houston, Texas, USA).

5.2 Sample Anonymization & Identification To protect your privacy, your sample is identified by a unique barcode number rather than your name during the laboratory testing process. Your personal identity is separated from your genetic data during analysis and is only re-linked by BYOSOM to deliver your results.

5.3 Sample Destruction and Biobanking

• Storage: Unless otherwise legally required, your physical DNA sample will be stored for a maximum of 180 days after testing is completed.
• Destruction: After this period, or upon your earlier written request, the physical sample will be destroyed.
• No Commercial Sale: We will not sell your individual genetic data to third parties or insurance companies.

5.4 Laboratory Partners You acknowledge that we use third-party contractors, specifically Gene By Gene, Ltd., for logistics, kit fulfillment, and genetic analysis. You agree that your sample will be processed in the United States and subject to the laws and regulations thereof regarding laboratory testing.

6. Orders, Payments, and Subscriptions

6.1 One-Time Purchases Fees for DNA testing kits, initial recommendation reports, and one-time product purchases are billed at the time of order.

6.2 Subscription Services If you sign up for a recurring subscription for skincare products:

• Billing Cycle: You will be charged automatically at the interval selected (e.g., monthly, quarterly).
• Cancellation: You may cancel your subscription at any time via your Portal. Cancellation requests must be submitted at least three (3) days prior to your next scheduled billing date to avoid being charged for the subsequent cycle.

6.3 Pricing Changes We reserve the right to adjust pricing for our products or subscriptions. We will provide reasonable notice of any price changes before they take effect.

7. Returns and Refunds

7.1 DNA Test Kits

• Unused Kits: You may request a refund for a DNA test kit within twenty-four (24) hours of purchase, provided the kit has not been shipped.
• Used Kits: Once a DNA test has been performed or the sample returned to the lab, no refunds are available.

7.2 Personalized Products (No Returns) Due to the custom nature of our skincare products (formulated specifically for your genetic profile) and for hygiene reasons, we do not accept returns or offer refunds on personalized creams, serums, or other cosmetic formulations. All sales of personalized goods are final.

8. Intellectual Property

8.1 Company IP All content on the Service, including text, graphics, logos, the “BYOSOM” brand, and the underlying algorithms used to generate your skincare recommendations, is the property of BYOSOM or its licensors and is protected by copyright and intellectual property laws.

8.2 Personal License You are granted a limited, non-exclusive license to access and use the Service and your personal reports for your own personal, non-commercial use.

9. Prohibited Conduct

You agree not to:

• Use the Service for any illegal purpose.
• Resell or distribute our products or reports for commercial purposes.
• Attempt to reverse engineer our formulation algorithms.
• Submit a DNA sample from a person without their knowledge and written consent.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• AS IS: THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
• LIABILITY CAP: IN NO EVENT SHALL BYOSOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES EXCEEDING A FIXED SUM OF $200 USD (TWO HUNDRED UNITED STATES DOLLARS).
• This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

11. Indemnification

You agree to defend, indemnify, and hold harmless BYOSOM and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any third-party right.

12. Governing Law and Dispute Resolution

12.1 Governing Law These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions.

12.2 Exclusive Jurisdiction Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof, shall be settled exclusively by the competent courts located in Paris, France. You hereby consent to the personal jurisdiction and venue of these courts and waive any objection to such venue (including forum non conveniens).

13. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on our website. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

14. Contact Information

If you have questions about these Terms, please contact us at: BYOSOM 1 rue de Stockholm 75008 Paris, France Email: [email protected]