Legal Terms

Koko Genetics™

Terms of access and use of the website

1. General aspects.

1.1 Identifying information of the "Information Society Service Provider" (GENELINK S.L.).

In accordance with Article 10 of Law 34/2002, on Information Society Services and Electronic Commerce, you are hereby informed that GENELINK, S.L. - trading under the name Koko Genetics - (hereinafter referred to as "KOKO GENETICS"), a company registered in the Commercial Register of Valencia, Volume 9817, Book 7099, Folio 82, Sheet V-160314, Entries 1 and 2, with CIF number B98649494, is the owner of the activity carried out, among others, through the website http://genportal.kokogenetics.com. The registered office of KOKO GENETICS is located at Calle Arquitecto Mora, 5 - 4, Valencia, 46010, Spain. If you wish to contact us, you can do so at the mentioned address or via email: [email protected]. Additionally, KOKO GENETICS states that it has obtained the corresponding prior administrative authorization for the exercise of its activity granted by the Conselleria de Sanitat of the Generalitat Valenciana (file number AU/3340/2014). Specifically, KOKO GENETICS is registered in the Autonomous Register of Health Centers, Services, and Establishments of the Generalitat Valenciana under number 11540.

1.2 Acceptance and validity of the General Terms.

By browsing, using, and/or acquiring any of the services offered on this website, you, as a user, acknowledge that you become a User and fully and unreservedly accept all the General Terms and Conditions (hereinafter referred to as the "General Terms") in force at the time you, as a User, access the website http://genportal.kokogenetics.com (hereinafter referred to as "the website" or simply "the Web"). KOKO GENETICS may, at any time and without prior notice, modify these General Terms by publishing such modifications on the website so that Users may be aware of them at all times. KOKO GENETICS reserves the right to unilaterally modify, at any time and without prior notice, the presentation, configuration, and content of the website, as well as the conditions required for its use. Therefore, KOKO GENETICS recommends that the User print, save, and, in any case, read the General Terms each time they access the website. Additionally, KOKO GENETICS reserves the right to suspend or terminate, at any time and without prior notice, all or part of the services offered on the website.

2. General Terms of Use of the website.

2.1 Use of the Website.

The User undertakes to use the website in accordance with the law, these General Terms, generally accepted morals and good customs, and public order, and shall be liable to KOKO GENETICS or third parties for any damages and losses that may arise as a result of non-compliance with this obligation. The User shall refrain from using the website for unlawful purposes or effects, contrary to the provisions of these General Terms, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, or impair the website or the server on which it is hosted, or prevent its normal use or enjoyment. In cases where it is necessary to use a username (hereinafter referred to as "login") and password (hereinafter referred to as "password") to access certain services included on the website, the User undertakes to use them diligently and not to disclose their login and password to third parties, and shall promptly notify KOKO GENETICS of any loss, theft, or any other circumstances that may compromise the secrecy of such login and password.

2.2 User Obligations.

In general, the User agrees to comply with these General Conditions, as well as to follow the special warnings or usage instructions contained therein or on the Website and always act in accordance with the Law, good customs, and the requirements of good faith, using due diligence in line with the nature of the service being enjoyed, refraining from using the Website in any way that may impede, damage, or deteriorate its normal operation, the assets or rights of KOKO GENETICS, its suppliers, other Users, or, in general, any third party. Specifically, and without implying any restriction to the obligation generally assumed by the User in accordance with the previous paragraph, the User agrees, when using the Website and its services, to: • (I) in the case of registering, the User agrees to provide truthful information and keep it updated; • (II) not introduce, store, or distribute on or from the Website any information or material that is defamatory, offensive, obscene, threatening, xenophobic, incites violence, discrimination based on race, gender, ideology, religion, or any other social or personal condition or circumstance (e.g., health-related issues), or that in any way violates morality, public order, fundamental rights, public freedoms, honor, privacy, or the image of third parties, or any current legislation; • (III) not introduce, store, or distribute via the Website any computer program, data, virus, code, hardware, telecommunications equipment, or any other electronic or physical device capable of causing damage to the Website, any of the services offered on the Website, or any of the equipment, systems, or networks of KOKO GENETICS, any User, KOKO GENETICS’ suppliers, or any third party, or that in any way may cause any type of alteration or impede their normal functioning; • (IV) properly safeguard the login and password provided by KOKO GENETICS to the Users, as identifiers and enablers for accessing the services offered on the Website, agreeing not to share or allow third-party access to them, holding KOKO GENETICS harmless and assuming responsibility for any damages that may result from their misuse. The User also agrees to promptly notify KOKO GENETICS of any loss or theft, as well as any risk of third-party access to the login and/or password; • (V) not engage in advertising, promotional, or commercial activities on the Website that are not expressly authorized by KOKO GENETICS, nor use the content and, in particular, the information obtained through the Website to send advertising, messages for direct sales purposes, or for any other commercial purpose, nor to collect or store personal data of third parties; • (VI) not use false identities, nor impersonate others in the use of the Website or any of its services, including using third-party passwords or access codes in any case or by any other means; • (VII) not destroy, alter, use for personal purposes, disable, or damage the data, information, programs, or electronic documents of KOKO GENETICS, its suppliers, or third parties; • (VIII) not introduce, store, or distribute through the Website any content that infringes intellectual property rights, industrial property rights, or trade secrets of third parties, nor any content that the User does not have the legal right to make available to third parties.

2.3 Disclaimer of Liability.

KOKO GENETICS will only be liable for damages that the User may suffer as a result of using the Website when such damages are directly attributable to it. As for the information and content included on the Website or those that may be accessed through links established therein, KOKO GENETICS does not guarantee, in any way, access to such information and content at any particular time, nor their accuracy, timeliness, or relevance, nor their suitability or usefulness for the User's purposes, and shall not be held liable for any damages of any kind that may arise from the transmission, dissemination, storage, availability, reception, acquisition, or access to the content included on the Website or those accessed through links established therein. KOKO GENETICS disclaims (and the User accepts) any liability for improper or unauthorized use of the login and password and for the User's lack of diligence in maintaining the secrecy of the same. Likewise, KOKO GENETICS disclaims (and the User accepts) any liability for damages of any kind that may arise, including but not limited to: • (I) the presence of viruses or other harmful elements on the Website, or websites that can be accessed through the links established therein, that may cause alterations to the Users' computer systems, electronic documents, or files; • (II) interferences, omissions, interruptions, malfunctions, and/or disconnections in the operational functioning of this electronic system or in the Users' computer devices and equipment, caused by reasons beyond KOKO GENETICS' control, which prevent or delay the provision of services or navigation through the system and the Website; • (III) delays or blockages in use caused by deficiencies or overloads on the Internet or in other electronic systems; • (IV) those caused by third parties through illegitimate intrusions beyond the control of the Website and not attributable to KOKO GENETICS; • (V) discrepancies between the information, documentation, and/or other content on the Website that may exist between the electronic version and the printed version; • (VI) the inability to provide the service or allow access due to causes not attributable to KOKO GENETICS, resulting from the User, third parties, or force majeure. KOKO GENETICS' liability for damages of any kind that may be attributed to it shall in no case exceed, by express agreement between the parties, the amount determined in each case in the specific conditions of the acquired service. Failing this, KOKO GENETICS' total liability, except in cases of willful misconduct or gross negligence, shall be limited to the price paid by the corresponding User to KOKO GENETICS (excluding applicable taxes).

2.4 Use of Hyperlinks.

The Internet user who wishes to introduce links from their own websites to the Website must comply with the conditions detailed below, and ignorance of these conditions does not exempt from the responsibilities derived from the Law. The link will only connect to the home page or main page of the Website and may not reproduce it in any way (inline links, copying of texts, graphics, etc.). In any case, it is prohibited, in accordance with applicable and current legislation at any given time, to establish frames or any type of frame that encloses the Website or allows the display of the contents through Internet addresses other than those of the Website, and in any case when they are displayed together with contents not belonging to the Website in such a way that: • (I) it produces, or may produce, error, confusion, or deception in users about the true origin of the service or Contents; • (II) it constitutes an act of unfair comparison or imitation; • (III) it serves to take advantage of the reputation and prestige of the KOKO GENETICS brand; or • (IV) in any other way is prohibited by applicable law. No false, inaccurate, or incorrect statements will be made from the page introducing the link regarding KOKO GENETICS, its address, employees, customers, or the quality of the services it provides. In no case will it be expressed on the page where the link is located that KOKO GENETICS has given its consent for the insertion of the link or that it otherwise sponsors, collaborates, verifies, or supervises the services of the sender. The use of any wordmark, graphic, or mixed mark or any other distinctive sign of KOKO GENETICS within the sender's page is prohibited, except in cases permitted by law or expressly authorized in writing by KOKO GENETICS, and provided that a direct link to the Website is allowed in the form established in this clause. The page establishing the link must faithfully comply with the Law and may not, in any case, provide or link to content, whether its own or from third parties, that: • (I) is illegal, harmful, or contrary to morality and good customs (pornographic, violent, racist, etc.); • (II) induces or may induce in the User the false belief that KOKO GENETICS subscribes to, endorses, adheres to, or in any way supports the sender's ideas, statements, or expressions, whether lawful or unlawful; • (III) is inappropriate or irrelevant to KOKO GENETICS' activity in view of the place, content, and theme of the sender's website. Likewise, the User shall refrain from including on the Website any hyperlink (hereinafter, "link") directed to a website containing illegal information or content, contrary to morality and generally accepted good customs, and public order.

2.5 Personal Data Protection Policy.

KOKO GENETICS recognizes the importance of protecting the privacy of the User of the Web page, for which it has developed a Personal Data Protection Policy that it makes known to the User, so that the User can freely and voluntarily decide whether they wish to provide KOKO GENETICS with the personal data that may be required or obtained on the occasion of their use of this Web page and/or request of any of the services offered on it. KOKO GENETICS reserves the right to unilaterally modify, at any time and without prior notice, its Personal Data Protection Policy to adapt it to the legislation in force at any given time. To request information or, as the case may be, to proceed with the contracting or acquisition of the services offered, Users must first provide KOKO GENETICS with certain personal data, which will be processed for the purposes of responding to inquiries made, as the case may be, formalizing remote contracting, managing, administering, providing, expanding, improving, and adapting the services offered on the Web page. As well as carrying out promotional and advertising activities by any means that may be of interest to them. In accordance with Organic Law 3/2018 of December 5 on Data Protection and Guarantee of Digital Rights, the User will have the right to access, rectify, cancel, and oppose in accordance with current regulations regarding their personal data collected as established in the preceding paragraphs, and may address such purposes, by means of a photocopy of their ID, Passport, or equivalent identification document, to the contact address provided. Interested parties are informed that they can exercise their rights of access, rectification, and cancellation at the following address: calle Arquitecto Mora, 5 – 4 de Valencia, 46010, Spain, or at the email address [[email protected]]. The User expressly accepts the inclusion of the data collected during navigation on the Web page, or provided by filling out any form, as well as those derived from the commercial relationship and/or delivery of the purchased services, in the file referred to above. On the other hand, in the event of contracting/using the services offered through the Web that require the processing of especially sensitive data (health), the User expressly consents to the processing of such data by KOKO GENETICS staff, which will be carried out in accordance with the duty of secrecy and confidentiality set forth in Article 10 of the LOPD, adopting the security measures set forth in Royal Decree 1720/2007, of December 21, which approves the Regulation for the development of the LOPD (hereinafter, the "LOPD Regulation"). During the data collection process, and in each place on the Web page where such data is requested, the User will be informed, either by means of a hyperlink or in the form itself, of the mandatory or non-mandatory nature of providing such data. KOKO GENETICS undertakes to use the data included in the file, to respect their confidentiality and to use them in accordance with the purpose of the file, as well as to comply with its obligation to safeguard them and to adopt all measures to prevent alteration, loss, processing, or unauthorized access, in accordance with the LOPD Regulation and other regulations that, at any given time, may be applicable. Finally, in the case of minors, their personal data and genetic information will also be used confidentially, always prioritizing the minor's interest over any other in accordance with the provisions of Organic Law 1/1996, of January 15, on the Legal Protection of Minors.

2.6 Use of cookies.

The Web page has "cookies" that allow KOKO GENETICS to obtain a series of data from Users. Cookies are text and number files that contain small amounts of information that can be sent to the User's device (computer, smartphone, tablet...) when they visit our Web page. Although cookies are sent to a device, they are not capable of accessing personal information or transmitting viruses on their own; they only track browsing on the Web page. If you revisit our Web page, these cookies are sent back to our Web page or another site that recognizes the cookie, allowing us to recognize your device. Cookies are useful because they allow easier navigation between different pages, remember your preferences, and we use them to improve your online experience. We currently use our own session cookies, as well as technical, personalization, analysis, and advertising cookies. The latter allow the management of advertising spaces that appear on the Web based on criteria such as the content or frequency of the displayed ads. Finally, we would like to point out that we use Google Analytics. This cookie is used to gather information about how our Web page is used. We use the information to compile reports and as a help element to improve the Web page. We do not share this information with third parties. The cookie gathers information anonymously, meaning it cannot be linked back to the user. It collects data such as the number of visitors who have used our Web page, where the visitors who come to the page come from, and which pages they have visited. If you want more information about Google Analytics, you can consult its online privacy policy. Here you can find information about privacy on Google Analytics: https://support.google.com/analytics/answer/2838718?hl=en&ref_topic=2790009. On the other hand, the social networks with which KOKO GENETICS interacts on the Web page use cookies on their share buttons. KOKO GENETICS has no intervention, control, or information about the results; they are the responsibility of each social network. When the User registers with social network credentials, they authorize the corresponding social network to store a persistent cookie that remembers their identity and guarantees access until it expires. The User can delete this cookie and revoke access by updating their preferences on the corresponding social network. KOKO GENETICS recommends that the User review the terms of use and privacy and cookie policies of the social networks they use. You can choose to have your computer notify you each time a cookie is sent, or you can choose to disable all cookies. To do this, you must go to your browser's settings menu (Internet Explorer, Firefox, Chrome...). Each browser is different, so we recommend that you consult your browser's Help menu to learn how to configure your cookies correctly. But remember that if you disable cookies, you may not have access to some features that make our Web page more efficient. If you do not want your visit data to be reported by Google Analytics, you can install the Google Analytics Opt-out Browser Add-on. Here you can find more information about the installation and uninstallation of the mentioned add-on: https://tools.google.com/dlpage/gaoptout. The aforementioned sites are not KOKO GENETICS websites, and we are not responsible for their content.

2.7 Intellectual and Industrial Property.

The content of the Website (hereinafter referred to as the "content"), including but not limited to texts, photographs, graphics, images, icons, software, links, and other audiovisual content, as well as its graphic design and source code, is the intellectual property of KOKO GENETICS or third parties who have granted KOKO GENETICS the right to use it. This content is protected by national laws and international treaties on intellectual property rights that are applicable. Likewise, all trademarks, trade names, or distinctive signs of any kind appearing on the Website are the property of KOKO GENETICS or third parties who have authorized KOKO GENETICS to include and use them on the Website. All industrial and intellectual property rights to this Website are legally reserved, and access to or use of the Website by the User should not be considered, in any way, as the granting of any license or right to use any asset owned by KOKO GENETICS or third parties. The total or partial reproduction by any means of the content, trademarks, trade names, and distinctive signs of any kind included on the Website, as well as the sale, assignment, lease, distribution, public communication, transformation, or any other use intended for them, without the prior express authorization of the corresponding owner, is strictly prohibited and will be pursued civilly and, if necessary, criminally, in accordance with applicable national laws and international treaties.

3. Conditions for the sale of services offered on the website.

3.1. Information prior to contracting.

These general contracting conditions, together with the "Informed Consent" document and any specific conditions that may be established, expressly regulate the relationships between KOKO GENETICS and Users who contract the services offered through the website. Please note that, in any case, the language in which the contract between KOKO GENETICS and the Customer will be perfected is Spanish. These General Conditions have been prepared in accordance with the provisions of Spanish law: Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Law 7/1996 on Retail Trade, regulations regarding the defense of Consumers and Users, and any other applicable legal provisions. The use and/or acquisition of any of the services offered through the website implies the User's acceptance, without any reservations, of each and every one of these General Conditions, as well as the specific conditions that may govern the acquisition. Therefore, as a continuation of what is indicated, the User expressly accepts that KOKO GENETICS does not guarantee that its services (including their results) are free from errors, 100% accurate, reliable, and secure, have continuous availability, or meet certain expectations of the Users. KOKO GENETICS informs that the procedures for the acquisition of services are those described in these General Conditions, as well as any specific procedures indicated on the screen during navigation, so the User declares to know and accept those procedures as necessary to access the services offered on the website. Any modification and/or correction of the data provided by Users during navigation will be possible and must be carried out according to the instructions included on the website. The services offered on the website, together with their characteristics and prices, will be listed in the corresponding catalog on the screen. KOKO GENETICS reserves the right to decide at any time the services and, where appropriate, products that are included and offered to Users through the website. Therefore, KOKO GENETICS may, at any time, add new services and/or products to those included on the website, and it will be understood, unless otherwise specified, that they will be governed by the provisions of the current General Conditions. Likewise, KOKO GENETICS reserves the right to cease providing access, at any time and without prior notice, to any of the products or services offered on the website. VERY IMPORTANT: USERS OF THIS WEBSITE MUST BE 18 YEARS OF AGE OR OLDER, and they must follow the instructions included on the different screens of the website to complete the desired purchase. Likewise, the User may access the website but may not make any purchase if they reside in a country or territory whose applicable legislation prohibits them from contracting the services of KOKO GENETICS. In such cases, the availability of the website cannot be considered as an offer by KOKO GENETICS of its services to people accessing the website from those countries or territories. In cases where KOKO GENETICS' services are to be used for minors, it will be necessary for one of their parents or, where appropriate, the parent exercising parental authority over them to contract the services. In the absence of parents, only the legal guardian will be able to contract with KOKO GENETICS. For KOKO GENETICS' services to be provided to minors, those who exercise parental authority must prove this by sending a scanned copy of their ID card, passport, or equivalent identification document, along with the Family Book, to KOKO GENETICS. In the absence of an ID card, a scanned copy of the passport or equivalent identification document (both of the parent/holder of parental authority and the minor if they already have one) will be provided. If the person requesting KOKO GENETICS' services for a minor is their guardian, they must prove this status by sending a scanned copy of the court order or judicial resolution appointing them as guardian, along with their ID card and the minor's ID card if they already have one. In the absence of an ID card, a scanned copy of the passport or equivalent identification document (both of the guardian and the minor if they already have one) will be provided. KOKO GENETICS will not be responsible in any case for the veracity of the statements made by those who declare themselves to be the parents or guardians of the minor for whom any of the services described on the website are contracted. KOKO GENETICS will also not be responsible for verifying the authenticity of the documentation provided by those who contract on behalf of the minor. KOKO GENETICS will only communicate with Users who are of legal age.

3.2. Procedure for acquiring services.

To acquire KOKO GENETICS services, the User is required to fill out the registration form with the required information, follow the instructions on the screen to select the desired service, and once the present General Conditions and the purchase summary that includes the details of the service(s) to be acquired have been accepted, provide the payment information – depending on the available payment method in each case. The information provided by the User to KOKO GENETICS during the contracting process must be complete, true, and up to date.

The purchase of this item implies the obligation to return the sample from the same country of purchase. If this is not your case, please contact us via email at [email protected] as it may involve additional expenses.

3.3. Confirmation of the acquired service and instructions for its use.

At the moment KOKO GENETICS receives confirmation of the payment made by the User, within a maximum period of 24 hours, the User will receive a confirmation email, through which they will be informed of the purchase made, and the steps to follow in each case will be indicated. If, exceptionally, the purchasing User does not receive the confirmation email within the maximum period of 24 hours, they must contact KOKO GENETICS to report the incident at the email address [email protected]. In any case, before formalizing the purchase and/or using other services such as the forum, the User must accept the specific conditions, which will be available at all times on the website through which the purchase was made. Likewise, by acquiring any KOKO GENETICS service, the User accepts and guarantees: • (i) that the saliva sample provided comes from the User's own pet or the pet of the person on whose behalf the service was contracted and that no regulation applies to them prohibiting the provision of such a sample; • (ii) that the User does not work for, nor is in any way related to insurance companies, healthcare providers, or any other third parties that may have commercial interests in knowing the results of the service contracted with KOKO GENETICS; and • (iii) that the User does not acquire the KOKO GENETICS service with the intention of reselling it, copying it, reproducing it, or commercially exploiting it in any way, nor with the intention of criticizing, harming, or carrying out any action contrary to KOKO GENETICS and its activities.

3.4. Price and Payment Method.

The prices in effect at the time of purchase are those displayed on the screen (including applicable taxes in each case), on the summary page, prior to finalizing the purchase, except for typographical errors. KOKO GENETICS reserves the right to modify the prices of the services offered at any time, but the changes will not affect purchases already confirmed by KOKO GENETICS. The prices indicated on the screen will be the current prices, except for manifest errors. The accepted payment methods are credit card, debit card, and others that may be indicated on the Web page at any time. Payment must be completed in full before the service is provided.

3.5 Return and Refund Policy

In accordance with applicable regulations, the User has the right to withdraw from the contract and request a refund of the amount paid within fourteen (14) calendar days from the receipt of the sample collection kit, provided that the kit has not been used and is in its original condition. To exercise this right, the User must contact KOKO GENETICS via email at [email protected], indicating their decision to withdraw from the contract. KOKO GENETICS will proceed to issue the refund using the same payment method used by the User for the initial transaction, unless expressly agreed otherwise. However, KOKO GENETICS reserves the right to deduct shipping costs and other associated expenses from the amount to be refunded. Once the genetic analysis process has begun with the received sample, the User will not have the right to withdraw from the contract or request any refund.

3.6 Liability and Warranties

KOKO GENETICS undertakes to perform genetic analysis services with the utmost diligence and professionalism, using the most advanced technologies available. However, due to the complex nature of the services provided, KOKO GENETICS cannot guarantee that the results will be 100% accurate, reliable, and error-free. If the User detects any error in the results provided, they must notify KOKO GENETICS as soon as possible so that it can be reviewed and, if necessary, corrected or repeated at no additional cost to the User. Under no circumstances will KOKO GENETICS be liable for indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, business interruption, or loss of information arising from the use or inability to use the services provided, even if KOKO GENETICS has been advised of the possibility of such damages. The total liability of KOKO GENETICS, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising from the use of the site, service, or this agreement, shall in no case exceed the price paid by the User to KOKO GENETICS for the service provided.

4. Discrepancies between the pedigree and the Koko Genetics test.

The DNA test offered by Koko Genetics is not designed to confirm or refute a dog’s breed purity. Its purpose is to identify the breeds with which the dog shares the most genetic variants, meaning those breeds that have the closest genetic markers to the animal analyzed by the Koko test. To conduct this analysis, we use public and private databases containing the "genetic signature" of each breed, which is then compared with the dogs of our users. It’s important to note that these reference populations do not necessarily align with the standards set by various canine associations. Additionally, it’s important to consider that dogs present unique individual variations. Many pedigrees certifying a dog’s breed purity are inherited and do not reflect the genetic differences that exist between animals.

The Koko Genetics canine DNA test is an ideal tool for identifying the breeds of your pet. However, this test is not valid for obtaining a pedigree, which must be managed through the duly authorized canine associations for this purpose. Likewise, we do not seek to refute the conclusions made by these associations. If you would like more information about pedigrees, you can visit our blog where we provide additional information: https://blog.kokogenetics.com/en/understanding-the-dna-of-breeds-pedigree/