DNA Preservation Agreement
Terms and conditions for the physical preservation and archival storage of biological materials.
Effective from: September 01, 2026
1. General Provisions
This DNA Preservation Agreement ("Agreement") is a legally binding agreement between MIR09 LLC ("Company", "Provider") and the User ("You", "Customer"). This Agreement supplements the Public Offer and the Terms & Conditions and governs the physical DNA preservation service offered as part of the Infinity Plan or as a separately purchased DNA preservation service.
Where this Agreement conflicts with the Public Offer or Terms & Conditions concerning the physical DNA sample, laboratory storage, handling, disposition, or destruction of biological material, this Agreement controls to the extent permitted by applicable law.
By requesting a DNA Collection Kit, submitting a biological sample, or activating the DNA preservation service, you agree to this Agreement. Where the Platform provides a separate acceptance checkbox, you must affirmatively accept this Agreement before the DNA preservation service is activated.
2. Nature of the Service
2.1 Archival Preservation Only
The Service is limited to the collection, stabilization, preservation, and long-term archival storage of biological material through the Company's qualified third-party partner laboratory. The Company does not provide medical care, medical diagnosis, genetic counseling, genetic testing, DNA sequencing, clinical analysis, treatment, or cloning services. The Platform is a digital service provider and intermediary and is not a healthcare provider or medical laboratory.
2.2 Qualified Third-Party Partner Laboratory
The Company acts as an intermediary and service coordinator. Physical biological samples are shipped to, handled, and stored by a qualified third-party partner laboratory selected by the Company. The Company does not store biological materials at its own corporate offices or ordinary data centers.
The Company may change the partner laboratory when reasonably necessary for security, operational, legal, technological, or continuity reasons. The Company may limit disclosure of the laboratory's precise location and security details where reasonably necessary to protect the biological samples, the laboratory, or the privacy and security of Users. Information may be disclosed where required by applicable law, court order, or regulatory requirement.
3. User Representations and Legal Authority
By submitting a biological sample for preservation, you represent and warrant, to the extent permitted by applicable law, that:
- You have the legal authority or authorization required to possess, control, collect, and submit the deceased individual's biological material for preservation.
- The collection and submission of the material were performed lawfully and do not knowingly violate the rights of another person, including applicable rights of family members, heirs, or other authorized persons.
- You have obtained any consent, authorization, or documentation required by applicable law or by the Laboratory's collection requirements.
- You will not knowingly submit infectious, hazardous, contaminated, or otherwise prohibited material.
You are responsible for claims arising from your lack of legal authority, fraud, or unlawful submission of a biological sample. To the extent permitted by applicable law, you agree to indemnify and hold harmless the Company and the Laboratory from third-party claims arising directly from such conduct or from your material breach of these representations.
4. Acceptable Materials and Kit Provision
Subject to the Laboratory's current collection and acceptance requirements, supported sample types may include standard non-invasive biomaterial collected using the official DNA Collection Kit, such as:
- Buccal (cheek) swabs.
- Saliva samples collected in an approved preservation container.
- Hair samples with intact roots or follicles, where accepted by the Laboratory.
- Dried blood spots or DNA collection cards, where accepted by the Laboratory and permitted by applicable law.
The exact collection method, sample type, quantity, packaging, labeling, and shipping requirements may be specified in the kit instructions supplied with the service.
Kit Limitations: Unless otherwise stated in the applicable order, one (1) DNA Collection Kit is issued and one (1) sample is processed per memorial. The Company is not responsible for degradation, contamination, rejection, or loss caused by improper collection, sealing, packaging, labeling, User error, or carrier delays. Replacement kits may be subject to an additional fee.
5. Submission, Acceptance, and Storage
A sample is not considered accepted for long-term preservation until it has been received and accepted by the qualified third-party partner laboratory in accordance with its applicable procedures. The Laboratory may reject a sample that does not meet its safety, quality, labeling, packaging, legal, or preservation requirements.
If a submitted sample cannot reasonably be preserved because of its condition, contamination, improper collection, or failure to meet applicable requirements, the Company may notify the User and may offer available options, which may include a replacement kit or resubmission at the User's expense.
The Company does not guarantee the future biological viability, integrity, or usability of a preserved sample. Preservation is an archival service and does not guarantee that genetic material will remain suitable for any future testing, analysis, reproduction, research, or other purpose.
6. Non-Return and Disposition Policy
6.1 Non-Return of Physical Sample
Once a biological sample has been accepted into the Laboratory's controlled archival storage system, the sample is not intended to be returned to the User. The Company will not return a sample except where return is expressly required by applicable law or otherwise agreed in writing and technically permitted by the Laboratory.
The placement of a sample into the Laboratory's storage system does not by itself transfer ownership of the biological material to the Company or the Laboratory. Rights in the sample are subject to applicable law, the User's lawful authority, this Agreement, and the Laboratory's applicable procedures.
6.2 Destruction and Final Disposition
For the Infinity Plan, there is no scheduled expiration date for the DNA preservation service while the service remains active and the Platform continues to operate, subject to the Public Offer and this Agreement.
A physical sample may be destroyed or otherwise disposed of when the User validly cancels the DNA preservation service, the associated service is terminated under the Public Offer or Terms & Conditions, the User requests lawful destruction, or another circumstance requiring disposition occurs under applicable law or the Laboratory's procedures.
Where destruction is required, the Company will instruct or coordinate with the Laboratory to securely destroy and dispose of the sample in accordance with applicable law and the Laboratory's applicable biohazard and disposal procedures. No material will be shipped back to the User unless return is legally required and technically permitted.
7. Confidentiality and Privacy
Information associated with DNA preservation is handled in accordance with the Company's Privacy Policy and applicable law. The Company may share information with the qualified third-party partner laboratory and service providers to the extent reasonably necessary to provide, secure, administer, or legally support the DNA preservation service.
The Company will not disclose the precise storage location or other sensitive laboratory security information except where reasonably necessary for legitimate operational purposes or where disclosure is required by applicable law, court order, regulatory requirement, or the applicable agreements.
8. Limitation of Liability for Physical Biological Material
Physical biological preservation carries inherent risks, including loss or degradation during transit, contamination, equipment failure, power failure, facility damage, natural disasters, fire, catastrophic events, and failures of independent third-party service providers.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR LOSS, DAMAGE, DEGRADATION, OR DESTRUCTION OF A BIOLOGICAL SAMPLE SHALL NOT EXCEED THE AMOUNT PAID TO THE COMPANY FOR THE DNA PRESERVATION SERVICE GIVING RISE TO THE CLAIM. THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING EMOTIONAL DISTRESS, ARISING FROM LOSS OR UNAVAILABILITY OF THE SAMPLE, EXCEPT TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
Nothing in this Agreement excludes or limits liability, statutory rights, or consumer protections that cannot lawfully be excluded or limited.
9. Suspension and Termination of DNA Service
The Company may suspend or terminate the DNA preservation service where required for legal compliance, laboratory safety, payment issues, User breach, fraud, misuse, security reasons, failure to satisfy Laboratory requirements, or circumstances beyond the Company's reasonable control.
Upon termination, the physical sample will be handled in accordance with Section 6, the Public Offer, the Terms & Conditions, applicable law, and the Laboratory's procedures.
10. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict-of-law principles, except to the extent mandatory law of another jurisdiction applies.
Before starting formal legal proceedings concerning the DNA preservation service, the User should first contact the Company through the official Contact Form and provide a reasonable opportunity to investigate and attempt to resolve the dispute in good faith.
Disputes that cannot be resolved informally shall be handled in accordance with the dispute-resolution provisions of the Public Offer and Terms & Conditions, subject to any mandatory jurisdiction, venue, arbitration, or consumer-protection rights that cannot lawfully be waived.
11. Entire Agreement and Order of Precedence
This Agreement, together with the Public Offer, Terms & Conditions, Privacy Policy, and any applicable written Laboratory requirements, forms the contractual framework governing the DNA preservation service. The Public Offer and Terms & Conditions continue to govern general Platform services.
For matters specifically concerning the physical DNA sample, laboratory storage, handling, disposition, or destruction, this Agreement controls to the extent permitted by applicable law. For pricing, payment, refunds, general account matters, and other Platform services, the Public Offer and Terms & Conditions control.
12. Electronic Acceptance
You agree that electronic records and electronic acceptance of this Agreement may be used to form and evidence your agreement with the Company. If the Platform presents an acceptance checkbox or equivalent confirmation before DNA service activation, your affirmative acceptance constitutes electronic acceptance of this Agreement to the extent permitted by applicable law.