Terms of Service
TAKiR’s mission is to provide individuals with tools and resources to explore their genealogical and genetic heritage responsibly and ethically. These Terms of Service outline the agreement between TAKiR and you, the user, ensuring that all aspects of using TAKiR’s Services are transparent and align with our commitment to privacy, respect, and accuracy. By continuing, you acknowledge the importance of understanding these Terms and agree to abide by them as you engage with our Services.
Table of Contents:
Introduction
Welcome to the Terms of Service for The African Kinship Reunion Repository ("TAKiR"). These Terms of Service (“Terms”) serve as the legally binding agreement between TAKiR and you, the user. TAKiR provides Services to individuals interested in exploring their genealogical heritage, including products, software, educational resources, digital tools, and online content. This content includes, but is not limited to, text, images, genetic data, articles, research tools, and interactive services on our website. Collectively, these are referred to in this document as the “Services.”
By accessing or using our Services, you signify agreement to these Terms. It is essential to understand that these Terms represent a comprehensive legal agreement, which includes all relevant policies, guidelines, and practices associated with TAKiR. Please take a moment to review these Terms carefully, along with the associated Privacy Policy, which details how TAKiR collects, uses, and protects user information. If you do not agree with these Terms or any related policies, you should immediately discontinue use of our Services.
These Terms are primarily intended for users residing in the United States but are also relevant to international users who access TAKiR’s Services from other locations. International users should also review regional Terms that may be specific to their location to ensure compliance with relevant legal standards. By accepting these Terms, you agree to act responsibly, ethically, and legally, in line with TAKiR’s mission to support respectful and accurate genealogical research.
Who Can Use the Services
TAKiR provides a unique opportunity for individuals to explore their genealogical roots, but access to our Services is restricted by eligibility criteria. By using our Services or creating an account, you represent, warrant, and confirm the following:
Legal Capacity to Contract: You confirm that you possess the legal ability to form a binding contract with TAKiR. This means that you meet the minimum age requirements and mental competency standards necessary for entering into legally enforceable agreements in your jurisdiction.
Compliance with Local Laws: You must not be prohibited by any laws in your jurisdiction from accessing or using our Services. This includes restrictions imposed by local, state, national, and international laws regulating genetic data and genealogical research. For instance, certain jurisdictions have restrictions on data sharing, genetic testing, or the publication of genetic information, which may impact your eligibility to engage with TAKiR.
Minimum Age Requirement: You must be at least 18 years old to use our Services. This requirement aligns with TAKiR’s ethical standards and ensures that users have the legal capacity to consent to genetic testing and data processing. By accessing our Services, you confirm that you are of legal age, allowing you to make independent and informed decisions about your engagement with TAKiR.
Sample Authorization: If you submit a DNA sample to TAKiR, you confirm that it is your own sample. You may also submit a sample if you are a legally authorized representative of another adult. Submitting unauthorized samples or misrepresenting ownership or authority is strictly prohibited. Violations of this policy may result in account suspension or termination, as well as possible legal action if fraud or misuse is detected.
Exclusively Personal Use: TAKiR’s Services are provided solely for individual, personal use. You agree that you are not using the Services on behalf of a business, insurance provider, employer, or organization interested in genetic or genealogical information for investigative, insurance, or research purposes. Unauthorized commercial use of TAKiR’s Services is prohibited, and TAKiR reserves the right to suspend accounts or take legal action in cases of misuse.
Prohibition on Forensic and Investigative Uses: The Services provided by TAKiR are not intended for forensic analysis, criminal investigation, or any other law enforcement purpose. Unauthorized forensic use may violate ethical standards, privacy rights, and legal obligations. Any attempt to use TAKiR’s Services for investigative purposes without explicit permission from TAKiR is strictly prohibited. Violations may lead to account termination, restrictions on access, and possible legal consequences.
These criteria have been established to protect TAKiR’s mission, ensure ethical use of our Services, and maintain a platform that respects user privacy, legal standards, and community values. Users who fail to meet these eligibility criteria may have their access restricted or accounts terminated.
Modifications to the Terms
To maintain the accuracy, relevance, and applicability of these Terms, TAKiR reserves the right to modify, amend, or revise these Terms at any time. Changes may be made to address evolving technological standards, legal and regulatory changes, user feedback, or enhancements to TAKiR’s offerings. If any substantial changes are made, TAKiR will notify users by placing a notice on the website or sending a message to the email address associated with the user account.
It is your responsibility to regularly review these Terms, as any continued access or use of TAKiR’s Services following the posting of modifications constitutes acceptance of the revised Terms. If you do not agree with updated Terms, you should cease use of the Services immediately. Non-compliance with updated Terms may result in account suspension, restricted access, or termination of account privileges.
Risks and Considerations Regarding TAKiR Services
Using TAKiR’s genetic and genealogical Services can reveal highly personal information about family heritage, lineage, and ancestry. The journey of discovering one’s heritage can be a rewarding and transformative experience; however, it may also uncover sensitive or unexpected information that requires thoughtful consideration. Users of TAKiR’s Services should be prepared for a range of potential outcomes, including surprising revelations about family connections or ancestral background.
Genetic testing may reveal previously unknown relatives, reveal connections to diverse populations, or highlight unexpected lineage information. These insights, while valuable, may carry emotional, social, or cultural significance, and users are encouraged to approach their genetic discoveries with an open mind. The progression of genetic science means that new discoveries and interpretations may emerge over time, allowing for a richer understanding of one’s ancestry.
TAKiR encourages all users to seek additional context or interpretation from trained professionals, particularly if the genetic results raise questions about familial relationships or reveal information with social or emotional implications. Genetic counselors, therapists, and other specialists can provide support and help interpret findings in a way that is balanced and sensitive to individual experiences. By engaging with TAKiR, you acknowledge these possible outcomes and agree to proceed with the understanding that genetic results may impact your views, relationships, or identity in unforeseen ways.
Processing of Samples and Potential Errors
TAKiR’s DNA sample processing involves complex laboratory procedures designed to deliver accurate, high-quality results. However, as with all scientific processes, DNA analysis is subject to certain limitations, including sample degradation, contamination, and collection-related issues. Samples may encounter challenges that prevent successful processing or interpretation, often due to insufficient DNA yield or compromised sample integrity.
TAKiR’s Policy for Re-Processing Failed Samples:
Initial Processing Attempt: Should your first sample processing attempt fail, TAKiR will automatically attempt to reprocess the original sample. This re-processing is carried out under strict quality control standards to ensure the highest likelihood of success.
Second Processing Attempt and New Collection Kit: If the second attempt to process your sample is also unsuccessful, TAKiR will provide a new sample collection kit to allow you to submit a new sample. Detailed instructions for collecting and returning the sample will be provided to optimize sample quality and accuracy.
Third Processing Attempt and Further Actions: In the rare event that a third attempt at sample processing fails, TAKiR may be unable to offer additional kits. In such cases, we will explore alternative solutions.
TAKiR strives to deliver accurate, reliable results for all users; however, users should recognize that certain limitations may affect the interpretability of genetic data. By submitting a sample to TAKiR, you acknowledge that occasional factors beyond TAKiR’s control may impact sample quality and analytical outcomes.
Informational and Educational Use Only
TAKiR’s Services are provided strictly for informational, educational, and personal research purposes. Users should understand that the genetic and genealogical insights offered by TAKiR do not serve as medical advice, diagnosis, treatment, or any form of health guidance. TAKiR's analyses are designed to provide ancestral and genealogical information that enables users to explore family history and learn about their heritage. However, users should not interpret or rely on this information for health-related decisions, as our Services do not account for individual medical history, lifestyle, or environmental factors.
If a user has specific medical or health-related concerns, they should consult with a qualified healthcare provider, genetic counselor, or specialist who can offer professional medical advice tailored to their unique situation. Genetic data alone does not provide a full picture of a person’s health profile, and making health-related decisions based on genetic insights without comprehensive professional guidance may lead to unintended consequences. TAKiR disclaims any responsibility for actions taken based on the information it provides, as such actions fall outside the intended purpose of the Services.
Furthermore, TAKiR encourages users to remain cautious when interpreting genealogical data that could intersect with health or predisposition information. Genetic data can contain markers that we use to make connections to specific populations or ancestral groups, but this information is intended to help users appreciate heritage, history, and connections rather than make lifestyle or health decisions.
Licensing and Intellectual Property Rights
TAKiR respects the intellectual property rights of all users. Content shared by users on the platform, including user-generated content, images, data, and media, is referred to as “User Content.” It is important for users to understand their rights regarding User Content as well as TAKiR’s policies around content ownership, storage, and distribution.
User Content License
By submitting User Content through TAKiR’s platform, users grant TAKiR a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, store, reproduce, adapt, modify, publish, and display the content as necessary to operate and improve TAKiR’s Services. This license is provided in exchange for access to the Services and allows TAKiR to create content, enhance offerings, and support users’ genealogical inquiries. While TAKiR may use User Content as needed to provide Services, TAKiR respects each user's privacy rights and adheres to strict confidentiality practices as outlined in our Privacy Policy.
Limited License for Accessing Content
TAKiR’s platform also includes proprietary content created, owned, or licensed by TAKiR, including text, design elements, code, trademarks, logos, and visual media. This proprietary content is protected by intellectual property laws, including copyright and trademark protections. Users are granted a limited, revocable, non-exclusive license to access and use TAKiR’s proprietary content solely for personal, non-commercial purposes.
Prohibited Actions Regarding Proprietary Content: Users agree not to distribute, modify, reverse engineer, or create derivative works from TAKiR’s proprietary content without explicit written permission. Unauthorized reproduction or misuse of TAKiR’s content may result in account suspension, legal action, or additional penalties as deemed appropriate.
Respect for Intellectual Property Rights:: TAKiR expects users to respect intellectual property laws and maintain ethical standards in their engagement with TAKiR’s Services. Content used in ways that violate copyright or trademark laws or breach these Terms may lead to account termination and potential legal ramifications.
TAKiR also protects the intellectual property of all individuals whose content is used with permission on our platform, including researchers, photographers, designers, and data scientists. Users are prohibited from reproducing, distributing, or misappropriating any of this content without authorization from TAKiR.
Disclaimers and Limitation of Liability
TAKiR aims to provide users with reliable, accurate Services; however, due to the nature of genetic data and complex genealogy research, we cannot guarantee the completeness or error-free nature of all outcomes. Therefore, the following disclaimers apply:
Indemnity
By using TAKiR’s Services, users agree to indemnify and hold TAKiR, its affiliates, officers, employees, and agents harmless from any claims, damages, or liabilities arising from actions taken by the user in relation to User Content submitted, user interaction on the platform, or any violations of these Terms. This indemnification covers all legal fees, settlements, and damages arising from potential misuse or abuse of TAKiR’s Services.
TAKiR reserves the right to assume control of any claim or defense if it deems necessary and users agree to cooperate with TAKiR’s chosen defense strategy if the situation arises. This indemnity clause is critical to ensuring that TAKiR can operate freely, defend against claims, and continue to provide Services while limiting exposure to legal risks stemming from individual user actions.
Disclaimer of Warranties
TAKiR’s Services are provided on an “as-is” and “as-available” basis, meaning that TAKiR offers no warranties, guarantees, or assurances regarding the accuracy, reliability, completeness, or uninterrupted nature of the Services. The outcomes of genetic or genealogical research can vary due to factors outside TAKiR’s control, including sample quality, environmental influences, and technological limitations. TAKiR makes no express or implied warranties regarding fitness for a particular purpose, merchantability, or non-infringement of third-party rights.
In addition, TAKiR does not guarantee that the information presented in genealogical or genetic reports will meet user expectations. Users acknowledge that findings are based on existing genetic technology and interpretation, both of which may evolve over time. As genetic understanding expands, interpretations of data may shift, resulting in updated or modified insights. TAKiR is not responsible for retroactively updating previously issued reports based on new scientific developments.
Limitation of Liability
To the maximum extent permitted by law, TAKiR shall not be liable for any incidental, consequential, punitive, or indirect damages arising from or related to user access, use, or inability to use TAKiR’s Services. This includes, but is not limited to, damages for loss of data, revenue, profits, goodwill, or other intangible losses, regardless of whether TAKiR has been advised of the possibility of such damages.
TAKiR’s total liability for any direct damages, regardless of the cause of action, shall not exceed the fees paid by the user for access to TAKiR Services. This limitation applies regardless of the legal basis for claims, whether in contract, tort, negligence, strict liability, or any other basis. Users agree that this limitation of liability represents a fair allocation of risk between users and TAKiR. By establishing these terms, TAKiR can responsibly manage potential risks, allowing for sustainable access to its services and offerings.
Dispute Resolution and Arbitration
TAKiR is committed to providing a positive user experience and seeks to resolve any disputes amicably and efficiently. Should a dispute arise between a user and TAKiR concerning these Terms, user data, or the Services, the following dispute resolution process shall apply:
Arbitration Process
In the event of a dispute, the user agrees to resolve the matter through binding arbitration rather than in a court of law. Arbitration is a form of alternative dispute resolution where an impartial third party, the arbitrator, listens to both sides of the issue and makes a legally binding decision. By agreeing to arbitration, both parties waive the right to a trial by jury or to participate in a class or representative action.
The arbitration shall be administered by a recognized arbitration provider mutually agreed upon by the parties. The proceedings shall be held either in the user’s county or remotely, with each party bearing their respective costs unless otherwise awarded by the arbitrator. Arbitration hearings are confidential, and the arbitrator’s decision is final and enforceable in any court with jurisdiction.
Users and TAKiR agree to engage in good faith to resolve disputes informally before pursuing arbitration. This initial period of informal resolution allows both parties to discuss grievances and seek mutually acceptable solutions, potentially avoiding the need for formal arbitration proceedings.
Class Action Waiver
All disputes between the user and TAKiR must be resolved individually and shall not be pursued as part of a collective, class, or representative action. By agreeing to these Terms, users waive any right to participate in a class action lawsuit or pursue claims on behalf of a group or representative class. The class action waiver is intended to provide an efficient resolution process by addressing disputes on a one-to-one basis.
TAKiR emphasizes that this waiver does not limit any individual’s legal rights but ensures that disputes are handled directly and equitably. Should any part of this waiver be found unenforceable, the remainder will still apply.
Statute of Limitations
To maintain clarity and efficiency in dispute resolution, any claims arising from these Terms must be filed within one year of the occurrence that gave rise to the claim. This one-year statute of limitations ensures that disputes are raised and resolved promptly, avoiding the complexity of delayed claims.
If a claim is not filed within this period, the user forfeits the right to pursue the matter. Users agree that this limitation is fair and necessary to uphold the timeliness and efficiency of TAKiR’s dispute resolution processes.
30-Day Right to Opt Out
Users have the right to opt out of the arbitration and class action waiver provisions within 30 days of first using the Services. To opt out, users must send written notice to TAKiR’s contact email. Opting out will exempt the user from mandatory arbitration for future disputes, but they will still be bound by all other provisions in these Terms.
TAKiR values user autonomy in legal matters and offers this opt-out as a choice for those who prefer traditional court proceedings over arbitration.
Contact Information
For any questions, comments, or concerns about these Terms or other aspects of TAKiR’s Services, please reach out to us at contact@takir.org.
TAKiR welcomes inquiries and strives to provide timely responses to all user concerns, feedback, and requests.