Our practices — the same in every state

Your genetic & health data — strictly protected

• Never sold, rented, or leased — to anyone, including pharma or insurers, even de-identified, unless you explicitly opt in.
• Never shared with ad networks or used for advertising.
• Never shared with insurers, employers, risk-assessment businesses, or forensic / law-enforcement databases.
• You own your raw DNA file and can permanently delete your DNA data and account at any time.
• Processed only with your explicit consent; AI providers are bound by a no-training, zero-data-retention contract.
• We do not profile you to make decisions with legal or similarly significant effects (credit, employment, insurance).

Website & marketing data — standard online tracking

• On our marketing website we use standard advertising/analytics trackers (e.g. Meta, Google, Microsoft, TikTok). These see website behavior and online identifiers (cookies, IP) — never your DNA file or genetic/health data.
• Under several state laws this counts as a "sale" or "sharing" of that limited marketing data for targeted advertising. You can opt out (see Your Privacy Choices) and we honor the Global Privacy Control (GPC) signal.
• Axel is an adults-only service, so we do not knowingly sell or share the data of anyone under 18 — and, under California law, never the data of anyone under 16 without opt-in consent.

Your rights (across these states)

• Access / Know — confirm whether we process your data and get a copy.
• Portability — receive your data in a portable, readable format.
• Correct — fix inaccuracies in your data.
• Delete — request deletion of your data (some records may be kept where the law requires).
• Opt out — of the "sale"/sharing of your website-marketing data for targeted advertising (your genetic/health data is never sold or advertised; we do no significant-effect profiling).
• Limit sensitive data / withdraw consent — restrict use of genetic/health data; withdrawing consent deletes the related data.
• Non-discrimination — we will not treat you differently for exercising these rights.
• Appeal — if we decline a request, you may appeal within the time your state allows (generally up to 90 days).
• Authorized agent — an agent may submit a request on your behalf after we verify identity and authority.
• Opt-out preference signals (GPC) — we honor the Global Privacy Control signal where applicable.

How to exercise your rights

Email privacy@axeldna.app or use the in-app controls (Settings → Privacy & Data), or open Make a Privacy Request. We verify your identity before acting and respond within the time required by your state's law.

Contact

Privacy questions or requests: privacy@axeldna.app · Maliwan, LLC, 3723 Greenville Ave, STE 19706, Dallas, TX 75206, US.

Request to Opt-Out

We use third party data analytics and advertising providers whose collection of information may be considered a "sale" or "sharing" of information under some privacy laws. Your genetic and health data is never sold or shared for advertising — regardless of any setting here.

To opt out of these practices, submit a request below or via email to privacy@axeldna.app.

We use the Global Privacy Platform (GPP) mechanism to communicate your Request to Opt-Out to third parties that collect information via cookies on our website. If you choose, you may also use the Digital Advertising Alliance (DAA) WebChoices Tool to globally opt out of third-party tracking via website cookies.

One of our missions at Axel is to help you understand how your DNA may influence your wellness and your everyday traits. This Informed Consent explains:

• What Axel is and how it works;
• What results you will get and who can see them;
• The potential benefits, risks, and limitations of using Axel;
• How to withdraw your consent; and
• Who to contact if you have questions.

Please review this Informed Consent carefully. If you agree to allow Axel to access and use your data to perform the Service as described here, select the "I consent" acknowledgment at the end of this document.

Key terms

• Axel — us, Maliwan, LLC. We refer to Axel as "we," "us," and "our" throughout this Informed Consent.
• The Service — our non-medical, personal genetic-information analysis app and website.
• Personal Information — information that can be used to identify you, alone or in combination with other information.
• Raw Data — information about your genotypes generated by Third Party DNA Services. Your Raw Data contains the "letters" (nucleotides A, C, G, T) that comprise DNA.
• Self-Reported Information — information you provide about yourself that is not part of your DNA or derived from your Raw Data, such as your health, labs, family history, behaviors, and lifestyle, or data you connect from Apple Health.
• Third Party DNA Services — companies and organizations not operated by us (for example 23andMe, AncestryDNA, MyHeritage, or FamilyTreeDNA) that you may use to obtain DNA testing and results.
• Traits — the characteristics or attributes that may be influenced by your DNA, including your preferences, predispositions, behavior, attitudes, abilities, and aptitudes. The Traits we analyze are personal — not medical — in nature.
• DNA Profile — your computed DNA "type," axes, traits, and insights.
• Health-risk insights — educational, non-diagnostic interpretations of genetic markers related to topics such as cancer, heart and metabolic health, brain aging, inflammation, and longevity.

What is Axel?

Every person is made up of trillions of cells, each containing DNA. DNA carries the genetic information that influences your health and physical characteristics and is passed from one generation to the next. Genes are segments of DNA that provide instructions for proteins and other biological compounds; changes in a person's genes can affect traits and, in some cases, increase or decrease the risk of certain conditions.

We created Axel to give you insights about your DNA — your DNA "type," your wellness traits across food, sleep, energy, and fitness, and educational health-risk insights. We want to empower you with information about how your DNA may shape your nutrition, fitness, and everyday well-being.

Axel provides analysis for healthy individuals and is not a diagnostic test. It should not be used to diagnose any disease in yourself or others, is not appropriate for the cure, mitigation, treatment, or prevention of disease, and is not intended for the assessment of a health condition. If you have concerns about a disease or medical condition, discuss them with your healthcare provider.

How does Axel work?

To use Axel, you first create an account and then upload your Raw Data. The Raw Data you upload should come from one of the following Third Party DNA Services: 23andMe, AncestryDNA, MyHeritage, or FamilyTreeDNA. We may expand this list in the future. Before uploading your Raw Data (or the Raw Data of another person), and by giving this consent, you confirm that you have the rights and permissions necessary to share that Raw Data with us for the use and disclosure described here.

Once we receive your Raw Data, we analyze it to identify variants that may indicate non-medical traits and educational health-risk markers, and to compute your DNA "type." We use a third-party AI provider — bound by a no-training, zero-data-retention contract — to generate your chat answers and Daily Brief from a limited, de-identified context.

In addition to your Raw Data, you may choose to provide Self-Reported Information (for example by completing a questionnaire, uploading lab results, or connecting Apple Health) to help improve your analysis. Providing this information is completely voluntary.

What can I learn about?

The reports we create interpret your genes to give you your DNA "type," your wellness traits, and educational health-risk insights. The number and types of reports you get depend on whether you are a free or paid user.

The traits and insights we can analyze may change as we grow and as the science of genomics evolves. As this knowledge improves, we may update our research, reports, and the Service at our discretion, and your results may change over time.

Axel's health-risk insights are educational estimates, not a medical diagnosis. Consumer DNA files read only a small fraction of the variants linked to any condition, so a "low" or "negative" result does not rule anything out, and an "elevated" or "high" result does not mean you have or will develop a disease — only a doctor or a clinical genetic test can determine that.

Who can access my results?

You — and any individual to whom you give access to your Axel account — will be able to access your DNA Profile and reports. Our team may also access your results to create reports, improve your results, answer your questions, or provide support, limited to team members who have a legitimate reason to do so.

In the limited circumstances described in our Privacy Policy, other third parties — such as our service providers, our AI processor, and law enforcement or government entities — may access your data. For Genetic Information, we will comply only with a valid search warrant that specifically authorizes the collection of genetic data.

Axel has no DNA-match or relative-finder feature. We do not share your name, contact details, or results with other users, and your DNA Profile and results are visible only to you.

Will Axel use my data for purposes other than my analysis?

As described in our Privacy Policy, we may use your data, including your Genetic Information, to:

• provide, personalize, improve, and develop the Service;
• provide you with customer support;
• troubleshoot and protect the Service; and
• enforce our rights and meet our legal obligations.

We do not sell your Genetic Information or Health Data, and we do not use them for marketing or advertising.

We may also aggregate your data with other customers' data, in a de-identified form that cannot be used to identify you, for research, product development and improvement, and statistics — for example, a statement that "30% of our users share a particular genetic trait," without revealing any data or analysis specific to any individual.

What are the benefits of using Axel?

We want you to benefit from using Axel and hope you enjoy learning about your genetics. We aim to empower you with knowledge about your DNA and traits so that you can make informed choices to improve your wellness, lifestyle, and interests, and to better understand how genetics works and what your Raw Data looks like.

What are the risks of using Axel?

You may learn something about yourself that you did not want to know. For example, you may learn that you are predisposed to certain traits, or that your genetic markers suggest an elevated likelihood of serious conditions such as certain cancers or Alzheimer's disease. Because you share DNA with your blood relatives, what you learn about yourself could also relate to them. You may want to discuss your options with a doctor, mental-health professional, or genetic counselor before or after viewing your results.

Genetic discrimination. There is a risk that genetic information could be used as a basis for discrimination. Many countries, including the United States (through the Genetic Information Nondiscrimination Act, or "GINA"), prohibit genetic discrimination in health insurance and employment, but these laws may not protect against discrimination when applying for life insurance, disability insurance, or long-term-care insurance. Talk to your physician or a genetic counselor if you have concerns about genetic discrimination.

Legal disclosure. We may need to share details about you — which could include your Raw Data, analysis, or other Personal Information — with regulators or law enforcement if we believe the law or legal process requires it. For Genetic Information, only under a valid warrant specifically authorizing genetic data. See our Privacy Policy.

Security. Despite our safeguards, there is a risk of a security incident in which someone accesses your data and results without authorization, which could allow that data to be connected back to you. We take steps to reduce this risk; see our Privacy Policy.

What are the limitations?

Axel has some limitations, some unique to Axel and some related to genetic trait analysis in general. Your Raw Data and analysis cannot tell you everything about you — your DNA is only part of who you are. Our analysis is not deterministic: it describes the probability of having a given trait and can only rarely predict it for certain. In many cases, the choices you make about how you live your life will influence your traits more than your DNA.

It is also possible that the Raw Data you upload contains errors introduced when a Third Party DNA Service sequenced your DNA or read the stored genetic information. Because we do not collect or test DNA samples ourselves, we are unable to identify errors that may have occurred in the processing of your sample.

How do I withdraw my consent?

You can withdraw your consent at any time by stopping your use of Axel and by deleting your data or account — in the app (Settings → Privacy & Data) or by emailing privacy@axeldna.app. You can delete only your DNA data (keeping your account) or your entire account; see Your rights & choices in our Privacy Policy.

If you withdraw your consent, we discontinue the use of your data going forward. Withdrawing your consent does not affect or nullify how we used your data in the past. After deletion, we do not retain your Genetic Information except for the minimum records we are legally required to keep.

Additional important information

We are not medical or healthcare professionals. We do not provide medical advice, medical diagnosis, or recommendations for medical treatment, and we do not provide reports diagnosing diseases or medical conditions. If you need advice regarding the diagnosis, treatment, or prevention of any disease, health, or medical condition, you should consult your doctor or another qualified healthcare professional.

Questions about Axel

If you have questions about Axel or about what you are consenting to in this Informed Consent, you can contact us at privacy@axeldna.app.

Acknowledgment and consent

By providing your consent in the app, you acknowledge the following:

• I have been offered the opportunity to ask questions about Axel, including about its benefits, risks, and limitations.
• I have read and understood this document in its entirety and realize I may retain a copy for my records.
• I have read and understood Axel's Privacy Policy and Terms of Use.
• I confirm that I have the required and appropriate permission to upload my Raw Data (or the Raw Data of someone else) to Axel.
• I consent to Axel analyzing my Raw Data and providing an analysis of my traits and educational health-risk insights based on Axel's current knowledge and research.
• I consent to Axel's ongoing analysis and use of my Raw Data as described in this Informed Consent.
• I will discuss the results with my healthcare provider or genetic counselor if I have any medical or health-related questions or concerns.
• I confirm that I am 18 years of age or older.

This Cookie Policy describes how Maliwan, LLC ("Axel", "we", "us", or "our") uses cookies and similar data collection technologies on our website, online advertisements, online communications (e.g., email), and other digital services (collectively, our "Digital Services"). In this Cookie Policy, we explain:

• The types of online data collection technologies we use;
• What information we collect using these technologies;
• The purposes for which we use these technologies;
• How we disclose or make information collected through these technologies available to others;
• Choices you may have regarding these technologies; and
• A general list of the individual technologies we currently use or recently have used.

The information in this Cookie Policy supplements our Privacy Policy, which describes our general privacy practices.

Types of online data collection technologies we use

We and our partners may use the following types of online data collection technologies on our Digital Services:

• Cookies, which install a small amount of information on a user's computer or other device when they visit our Digital Services.
• Pixels, web beacons, and tags, which are a type of code or transparent graphic that contains a unique identifier. These technologies are embedded invisibly on our Digital Services.
• Session replay tools, which record your interactions with our Digital Services, such as how you move throughout our Digital Services and engage with webforms.
• Embedded scripts and SDKs, which allow us to build and integrate custom experiences on our Digital Services. Embedded scripts are temporarily downloaded onto your device from our web server, or from a third party with which we work, and are active only while you are connected to our Digital Services.

We may use both first-party data collection technologies, which are set by us, and third-party data collection technologies, which are set by other parties. Some of the data collection technologies we use may last solely for your browsing session and are deleted when you close your browser, while others are persistent and remain on your device until they expire or you choose to delete them from your browser cache, and they are reactivated each time you visit the service that created them.

Types of data collected

We may collect the following types of data about you or your device through online data collection technologies: IP address, geolocation, cookie ID, device ID, ad ID, operating system, device type, browser used, search history, pages viewed, and other information about how you interact with our Digital Services.

Uses of data

We and our partners use online data collection technologies for purposes including:

• Authentication. These technologies help us ensure that your password works and that you stay logged in when you move between pages on the website. They also keep you secure while you are logged in and help to ensure the Digital Services look consistent during your visit. These are considered "Required" technologies in the list at the end of this Cookie Policy.
• Analytics. We use analytics technologies to collect information about how you use our Digital Services, such as which pages you visit and if you experience any errors. Analytics technologies collect only Aggregate Information and we use them to improve how our Digital Services work, understand what interests our users, and measure how effective our content is. For example, we use Google Analytics to help us track and understand how users use our websites. For information about how Google uses the information it collects, please visit www.google.com/policies/privacy/partners. These are considered "Analytics" technologies in the list at the end of this Cookie Policy.
• Advertising. Advertising technologies collect information about your browsing habits over time and across web properties. We use them to tailor our advertising to your perceived interests ("interest-based advertising"). We work with third-party partners to help us advertise around the Internet, as well as to allow advertisements to be placed on our Digital Services. These are considered "Advertising" technologies in the list at the end of this Cookie Policy.
• Measurement. We use other data collection technologies to help us manage content on our Digital Services by informing us what content is effective. We also use data collection technologies in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications. These are considered "Analytics" technologies in the list at the end of this Cookie Policy.

Disclosures of data

We may disclose data to the following types of recipients or allow the following types of recipients to directly collect data using data collection technologies: social media companies; advertising networks; analytics providers (including providers of ad tracking and reporting services); security providers; and other technology providers and business partners. When we collect and disclose information to these recipients through data collection technologies, we act as joint controllers with the recipients, but only to the extent technically necessary for the collection and disclosure of the information. Once the data has been transmitted to the recipient, Axel and the recipient act as independent controllers. We do not have any control over, nor are we responsible for, the recipient's data processing activities as an independent controller. We recommend that you review these parties' privacy policies and cookie policies to better understand their privacy practices.

If you use buttons or plug-ins to share online content with your friends via social networks like Facebook, these companies may set a cookie or similar technology on your computer or other device (laptop, tablet, or mobile phone). To find out more about the data collection technologies that these social media platforms set, please visit that social media platform's privacy policy.

Your choices

You can control how we use cookies and other data collection technologies. Please be aware that if you disable the use of data collection technologies, the functionality of our Digital Services may be impacted and certain areas or features may not display or work correctly.

Preference Center

In jurisdictions where applicable law requires your consent to place and collect data through data collection technologies, you can provide your consent at any time using our [Preference Center / cookie banner].

Browser settings

If you want to disable the use of certain data collection technologies or remove them from your device, you can disable or delete them using your browser settings. Please be aware that not all data collection technologies can be deleted through browser settings. The following links contain instructions for commonly used browsers:

• Apple Safari
• Google Chrome
• Microsoft Edge
• Microsoft Internet Explorer
• Mozilla Firefox

Interest-Based Advertising

Some of the third parties we work with participate in the Digital Advertising Alliance ("DAA") and Network Advertising Initiative ("NAI"). The DAA and NAI provide mechanisms for you to opt out of interest-based advertising performed by participating members at youronlinechoices.eu for European residents and aboutads.info/choices and optout.networkadvertising.org for United States residents. Opting out of interest-based advertising using these tools will opt you out of interest-based advertising by participating members only, not all advertising.

If you are using a mobile device, you can manage interest-based ads on your device by adjusting the settings provided by your device manufacturer or the operating system provider:

• Manage settings on iOS devices
• Manage settings on Android devices

Do Not Track

Some web browsers incorporate a Do-Not-Track ("DNT") feature or setting you can activate to signal your preference to not have data about your online browsing activities monitored and collected. Although we do our best to honor your privacy preferences, we do not respond to DNT signals from your browser at this time due to the lack of an established industry standard. (We do, however, honor the Global Privacy Control (GPC) signal — see Your Privacy Choices.)

The data collection technologies we use or have recently used

In general, our Digital Services currently use the cookies and other data collection technologies listed [here — link to your current cookie list / cookie-scanner table]. This list may be updated regularly.

Contact us

If you have any questions regarding our Cookie Policy, please contact us at privacy@axeldna.app.

Maliwan, LLC ("Axel") is committed to respecting your privacy. Our Privacy Policy describes how we handle your personal information generally. This notice explains our practices for "Consumer Health Data" that is defined and regulated by the Washington My Health My Data Act (the "Act"), and which also informs our practices under similar consumer-health laws such as Nevada's.

Under the Act, "Consumer Health Data" means personal information that is linked or reasonably linked to a consumer and that identifies past, present, or future physical or mental health status. Consumer Health Data includes information about medical conditions as well as non-medical information, such as genetic and biometric data.

Axel only collects, uses, and discloses Consumer Health Data as needed to provide you with the products or services that you request, or with your consent.

Categories of Consumer Health Data that we collect

Axel collects the following categories of Consumer Health Data:

Sources of Consumer Health Data

We collect Consumer Health Data from the following sources:

• From you, when you upload your Raw Data, add health information, connect Apple Health, or tell Axel about yourself in chat.
• From Third Party DNA Services, when you provide us the Raw Data you obtained from services such as 23andMe, AncestryDNA, MyHeritage, or FamilyTreeDNA.
• From your interactions with us, such as the DNA Profile, traits, and health-risk insights we compute from your data.

Disclosures of Consumer Health Data

We do not sell any Consumer Health Data. We may disclose the categories of Consumer Health Data described above in the following circumstances:

• To our data processors, service providers, and contractors who help us provide the Service — our database and storage provider and our AI Processor (bound by a no-training, zero-data-retention contract). These companies may use the data only as permitted by our contracts with them and on our instructions.
• As permitted by law, such as (i) with your consent; (ii) to an acquiring organization if we are involved in a sale or transfer of our business, in which case your data remains subject to this policy; (iii) as needed to prevent, detect, protect against, or respond to security incidents, identity theft, fraud, or malicious or deceptive activities; (iv) as needed to preserve the integrity or security of our systems; and (v) to comply with a valid legal obligation — for Genetic Information, only under a valid search warrant that specifically authorizes the collection of genetic data.

We never share your Consumer Health Data with insurers, employers, risk-assessment businesses, advertising networks, or forensic / law-enforcement databases.

Your privacy rights

You have specific rights with respect to your Consumer Health Data:

• The right to know whether we are collecting, using, or disclosing your Consumer Health Data, to access that data, and to receive a list of the categories of third parties and affiliates with whom we have shared it.
• Where we process your Consumer Health Data with your consent, the right to withdraw that consent.
• The right to request that we delete your Consumer Health Data.
• We will not discriminate against you for exercising any of these rights.

To exercise these rights, use the in-app controls (Settings → Privacy & Data) or email privacy@axeldna.app. We will authenticate your request and process it as required by law. Please allow up to 45 days for a response. If we deny your request, you may appeal by replying to our decision and requesting a review. If your appeal is unsuccessful, you can file a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint.

Welcome to Axel, a non-medical personal genetic information service provided by Maliwan, LLC ("Company", "Axel", "we", "our", or "us"). Axel is a wellness, educational, and entertainment product only — it is not a medical service, is not a diagnostic test, and does not provide medical advice, diagnosis, or treatment. The Service is accessible through our websites at axeldna.com and axeldna.app, and through our mobile applications, whether existing now or in the future, including all content, data, information, reports, software, tools, links, and resources provided by Axel (collectively, the "Service").

These Terms of Use govern the use of the Service by eligible members of the public ("you"), and you agree to be bound by these Terms of Use when using the Service. If you do not agree with anything stated in these Terms of Use, please do not use the Service.

1. Notice of Arbitration Agreement and Class Action Waiver

THESE TERMS OF USE CONTAIN AN ARBITRATION AGREEMENT (SECTION 12) THAT REQUIRES YOU TO (i) RESOLVE ANY DISPUTE WITH AXEL THROUGH BINDING ARBITRATION AND (ii) WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTE.

2. Important Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE AS FOLLOWS:

• AXEL DOES NOT PROVIDE MEDICAL ADVICE, MEDICAL DIAGNOSIS, OR RECOMMENDATION FOR MEDICAL TREATMENT, AND DOES NOT PROVIDE GENETIC ANALYSIS OR REPORTS REGARDING DISEASES OR MEDICAL CONDITIONS OR TENDENCIES FOR DISEASES OR MEDICAL CONDITIONS.
• THE SERVICE IS NOT INTENDED TO CONSTITUTE OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. If you need advice regarding diagnosis, treatment, or prevention of any disease, health or medical condition, you should consult with your doctor or other qualified health care professionals.
• YOU SHOULD NEVER USE THE SERVICE OR ANY INFORMATION OBTAINED THROUGH THE SERVICE FOR SELF-DIAGNOSIS, TREATMENT, OR PREVENTION OF ANY DISEASE OR HEALTH OR MEDICAL CONDITION. IF YOU DO, YOU DO SO SOLELY AT YOUR OWN RISK.
• THE SERVICE AND ALL INFORMATION PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
• THE SERVICE AND GENETIC INFORMATION PROVIDED BY AXEL ARE FOR INFORMATIONAL, EDUCATIONAL, AND WELLNESS USE ONLY, AND ARE NOT INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS, IN THE CURE, MITIGATION, TREATMENT OR PREVENTION OF DISEASE, OR FOR THE ASSESSMENT OF A HEALTH CONDITION. The genetic discoveries that we report have not been clinically validated, and the technology we use, while used by the research community, is not appropriate for use in clinical testing.
• GENETIC INFORMATION IS ONLY PART OF THE RELEVANT INFORMATION FOR ASSESSING ANY GIVEN TRAIT OR LIKELIHOOD. Axel believes that (a) genetics is only part of the picture of any individual's state of being, and (b) the state of the understanding of genetic information is rapidly evolving and at any given time we only comprehend part of the picture of the role of genetics. For these reasons, Axel cannot and does not guarantee that genetic information provided through the Service will be accurate, complete, or conclusive. Genetic information provided through the Service should not be relied upon for any reason without independent verification by qualified independent experts.
• THE SERVICE MAY INCLUDE REFERENCES AND/OR LINKS TO THIRD PARTY PROVIDERS OF GENETIC INFORMATION PRODUCTS AND SERVICES (SUCH AS 23ANDME, ANCESTRYDNA, MYHERITAGE, FAMILYTREEDNA, ETC.) ("THIRD PARTY DNA SERVICES"), AND THE SERVICE MAY ENABLE YOU TO TRANSFER YOUR INFORMATION AND DATA TO AND FROM SUCH THIRD PARTY DNA SERVICES. Axel does not own or control such Third Party DNA Services and assumes no responsibility or liability for their products or services, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party DNA Services. Your purchase and use of Third Party DNA Services will be governed by the terms and policies of the applicable third party provider, and not by these Terms of Use or Axel's other terms or policies. You acknowledge and agree that Axel shall not be responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such Third Party DNA Services on the Service.
• ONCE YOU KNOW YOUR GENETIC INFORMATION, THE KNOWLEDGE IS IRREVERSIBLE. The information you receive may not be positive and may be upsetting to you or to others with whom you choose to share the information. If you elect to upload your Raw Data or do genetic testing and analysis, you do so at your own risk.
• Under no circumstances will Axel be responsible or liable for any injury (including emotional distress, mental anguish, bodily injury, and death) or loss arising from or related to your use of the Service or any information obtained through the Service (including any action or inaction by you based on such information), your use of any Third Party DNA Services, or your failure to consult with qualified independent experts or seek professional medical advice, diagnosis, or treatment.

Health-risk insights. Our health-risk insights (relating to topics such as cancer, heart and metabolic health, brain aging, inflammation, and longevity) are educational estimates based on a limited number of genetic markers and are not a medical test or diagnosis. Consumer DNA files read only a small fraction of the variants linked to any condition, so a "low" or "negative" result does not rule anything out, and an "elevated" result does not mean you have or will develop a disease. These results may change over time as methods and reference data are updated; they should be interpreted with caution.

3. Genetic Counseling

Genetic testing and analysis may not be for everyone. If you are unsure about whether or not to do genetic testing and analysis, consult with your doctor, a genetic counselor, or other qualified health care professional first so that you can make an informed decision. If, after the analysis, you need help understanding or interpreting the results, or if you have questions regarding the results, you should also consult with your doctor, a genetic counselor, or other qualified health care professional.

4. Eligibility

To be eligible to use the Service, you must be at least 18 years of age and have legal capacity to agree to these Terms of Use, and your use of the Service must not violate any applicable law or regulation in the jurisdiction in which you reside. No one under the age of 18 is permitted to use the Service, and we do not knowingly process the data of anyone under 18, even with a parent's or guardian's consent.

By accessing or using the Service, you represent and warrant that you are at least 18 years of age and that all eligibility and account information you provide is truthful and accurate. We rely on your representation, and we have no obligation and no practical ability to verify your age or identity. We are not responsible or liable for any use of the Service by — or any Raw Data or other information submitted by — a person who misrepresents their age or eligibility; any such use is a violation of these Terms of Use and is undertaken solely at that person's own risk. If we learn that a user is under 18, or is otherwise ineligible, we will suspend and delete the account and the associated data.

5. Privacy

Axel respects and values the privacy of users of the Service. Please read our Privacy Policy for information on our data collection, use, and sharing practices in connection with the Service.

6. Compliance with Laws

Your use of the Service is subject to applicable laws and regulations, and compliance with such laws and regulations is entirely your responsibility. The Service's software and technology components may be subject to U.S. export control laws and regulations. You shall not export, re-export, or transfer, directly or indirectly, any of the Service's software or technology components, or any U.S. technical data acquired therefrom, in violation of the U.S. export control laws or regulations.

7. Reservation of Rights

We reserve the right to modify and discontinue all or any part of the Service at any time in our sole discretion, with or without notice to you. We will not be liable to you or to any other user if for any reason all or any part of the Service becomes unavailable at any time or for any period. We also reserve the right to suspend or terminate your account and your access to the Service if we determine, in our sole judgment, that you are in violation of these Terms of Use or any applicable law or regulation, or that your use of the Service may expose Axel to liability of any kind, or may adversely affect the reputation or goodwill of Axel.

8. Use of the Service

A main feature of the Service is genetic analysis, which allows you to learn and discover your personal, non-medical DNA "type," wellness traits ("Traits"), and educational health-risk insights about yourself, in categories including food and nutrition, sleep, energy, fitness, and everyday well-being (the "Analysis").

In order to identify your relevant Traits, Axel first needs to collect information about your genotypes that is obtained through genetic testing ("Raw Data"). You can upload to the Service Raw Data obtained from a reputable Third Party DNA Service (such as 23andMe, AncestryDNA, MyHeritage, or FamilyTreeDNA), which Axel can then analyze for the purpose of identifying your relevant Traits and building your DNA Profile. The results of the Analysis are viewable only through the Service, by logging into a password-protected account.

AI features and AI-generated suggestions

Automated suggestions. Some features, including the chat and Daily Brief, provide automated suggestions about potential food, nutrition, sleep, movement, recovery, hydration, and everyday wellness habits, based on your Raw Data, DNA Profile, and information you submit. These suggestions are generated using algorithms and artificial intelligence and may be incomplete or inaccurate. They are intended to support your own learning and lifestyle choices only and are not medical advice; you are responsible for independently verifying their accuracy.

AI content disclaimer. ALL AI-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO CHAT ANSWERS, YOUR DAILY BRIEF, TRAIT EXPLANATIONS, AND WELLNESS SUGGESTIONS, IS PROVIDED ON AN "AS-IS" BASIS AND MAY CONTAIN INACCURACIES OR OMISSIONS. AXEL DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY AI-GENERATED CONTENT.

Limitations. You should not rely on AI-generated content for legal, medical, employment, insurance, or financial decisions. You may not use AI features to engage in automated profiling based on genetic data or to make decisions with legal or similarly significant effects on any person.

AI data usage and opt-out. Axel may use anonymized or aggregated data to help us evaluate and improve our AI features (for example, refining prompts and measuring quality). This does not mean we train, fine-tune, or build any AI model on your data — we never do that. Our AI providers are contractually bound by a no-training, zero-data-retention commitment and may not train on or retain your data. If you prefer that your data not be used even for these AI-improvement purposes, you may opt out by submitting a Privacy Request.

8.1 Account Registration

In order for Axel to collect Raw Data for the purpose of conducting the Analysis, you must first register an account on the Service. By registering an account, you warrant that you are eligible to use the Service pursuant to Section 4 and that all account information you provide is your own information and is truthful and accurate. We may immediately suspend or terminate your account if we have any reason to believe that you have misrepresented or provided false account information. It is your responsibility to keep your account information accurate and current and to safeguard your account login information; you should notify us immediately if your account login is lost, stolen, or used by another without your permission. You are responsible for all activities on your account.

8.2 Informed Consent

In order for Axel to collect Raw Data for the purpose of conducting the Analysis, you must also provide the consent described in our Informed Consent (the "Informed Consent"). In addition, Axel's onboarding will ask you questions about your goals and preferences to set up and personalize the Service; completing onboarding is part of using the Service. Any additional Self-Reported Information you choose to share — such as detailed personal health or family-history details — is voluntary, and you may decline to provide it.

8.3 Raw Data

By uploading your Raw Data from a Third Party DNA Service to the Service, you expressly give permission to Axel to perform genetic analysis on your DNA and you specifically request Axel to disclose the analysis results to you and to others you specifically authorize.

If you let Axel collect and analyze Raw Data about another person by uploading another person's Raw Data to the Service, you warrant that: (i) you have obtained express authorization from such person to allow Axel to collect and analyze Raw Data about them; and (ii) you are not an insurance company or an employer attempting to obtain information about an insured person or an employee. If you let Axel analyze Raw Data about another person, you are deemed to be submitting the Informed Consent for and on behalf of such person.

If you upload Raw Data to the Service from outside the United States, you warrant that doing so does not violate any law or regulation in the country or jurisdiction in which you reside, and you expressly authorize and consent to Axel processing, analyzing, using, and storing such Raw Data and all resulting genetic and Traits information in the United States.

8.4 Subscription

Access to certain premium features of the Service may require a monthly or annual subscription or à la carte purchase. By making a subscription or à la carte purchase, you warrant that you are the account holder (or an authorized user) of the payment method you use, and that there are sufficient funds to cover your purchase. We may immediately suspend or terminate your account if we have any reason to believe that you have provided false payment information.

Prices and terms may change at any time. The price and terms in place when you made your initial purchase or when your subscription last renewed will stay in effect for the then-current period, but new prices and terms may apply to renewals or new purchases. We will give you advance notice before new prices or terms go into effect. If you do not want to renew under the new price or terms, you may cancel as described below.

NO REFUND; AUTOMATIC RENEWAL; CANCELLATION. Unless expressly otherwise specified, all subscription and à la carte purchases are FINAL AND NON-REFUNDABLE. A subscription is subject to automatic billing and renewal unless you cancel before the next scheduled billing/renewal date. To cancel, manage your subscription in your account settings (or through the app store where you purchased it) and follow the instructions. Where your purchase is made through the Apple App Store or Google Play, billing, renewal, and cancellation are also governed by that store's terms. You must review and agree to our auto-renewal terms prior to signing up for any subscription service.

9. Ownership; Grant of Licenses

9.1 Our Ownership of the Service

Other than User Data (as defined in Section 9.3), Axel and its affiliates, licensors, and partners and their respective successors and assigns (collectively, "Axel and Related Parties") retain sole and exclusive ownership of all worldwide right, title, and interest, including all copyrights, patent rights, trade secret rights, and other intellectual property rights, in and to the Service, including all content, data, information, reports, software, tools, links, and resources comprised in or provided through the Service. Other than the limited license in Section 9.2, you acquire no other right or license with respect to the Service. Unless expressly authorized by applicable law or in writing by Axel, you may not copy, reproduce, publicly perform or display, transmit, modify or otherwise create derivative works from, sell, distribute, or otherwise make unauthorized use of the Service or any component thereof. The Axel name and logo and all other marks of Axel are trademarks of Axel; any unauthorized use is strictly prohibited.

9.2 Our License to You; Conditions of Use

Subject to your compliance with these Terms of Use and all applicable laws, Axel grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited personal license to access the Service for your lawful personal and non-commercial uses only. Any individualized Traits information, reports, or other results you obtain may be kept and used for your lawful personal and non-commercial purposes only, and may not be sold, licensed, or used for any commercial purpose. You may choose to share your own DNA Profile, your "type," your results, or screenshots from the app — including on social media or with family, friends, and health-care professionals — for personal, non-commercial purposes. If you do, you share that information by your own choice and at your own responsibility: once you make it public or send it to another person, we cannot control how it is viewed, copied, or used, and we are not responsible for the consequences. You are solely responsible for ensuring that you have the right to share any information about another person.

As a condition to your use of the Service, you expressly agree NOT to:

• use the Service in violation of these Terms of Use or any applicable law or regulation;
• use the Service for any unauthorized, fraudulent, or malicious purpose;
• use the Service in violation of any privacy, property, or other right of another person, including impersonating another person, or, without legal authority, registering an account in the name of another person or uploading another person's Raw Data to the Service;
• use the Service for any business or commercial purpose;
• use the Service in any manner that could damage, disable, overburden, impair, or interfere with others' use of the Service;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive any source code or algorithm associated with the Service;
• use any robot, spider, scraper, or other automatic device, program, process, or means to access the Service or to monitor or copy any content or information from the Service;
• use the Service, or any content, data, or output of the Service, to train, develop, or improve any machine-learning or artificial-intelligence model, except as expressly authorized by us in writing;
• use the Service, the Axel chat, or any of its outputs to distill, fine-tune, copy, or reconstruct any AI model, or to extract or reverse-engineer the Service's underlying model, system prompts, weights, or training data;
• attempt to manipulate, jailbreak, or circumvent the Service's AI safeguards, content filters, or system instructions — including through prompt injection, adversarial inputs, or similar techniques — or to cause the Service to reveal its confidential prompts or internal instructions, or another person's data;
• probe, scan, or test the vulnerability of the Service, or breach, disable, or otherwise circumvent any security, authentication, or rate-limiting measure;
• access or attempt to access any system, server, account, content, report, data, or information that you are not authorized to access;
• upload or transmit any material that contains software viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment;
• engage in framing, mirroring, or otherwise simulating the appearance or function of the Service;
• use the Service from a country subject to a U.S. Government embargo or designated as "terrorist-supporting";
• use the Service, directly or indirectly, for law enforcement, criminal investigation, surveillance, insurance underwriting, employment screening, or any other purpose that involves using Genetic Information against the interests of the individual to whom it pertains; or
• upload to or use the Service with another person's genetic data for the purpose of identifying that person without their knowledge and explicit consent.

9.3 User Data

Subject to the license granted below, you retain ownership of all "User Data," which includes: "Account Information" (personal information you provide when registering or making a purchase); "Self-Reported Information" (personal health and family-history information you provide voluntarily); and "Genetic Information" (all Raw Data you let Axel collect for the Analysis and all personal Traits information provided to you resulting from the Analysis); provided that Axel owns and retains copyrights and other intellectual property rights in the protectable elements contained in the results of the Analysis (text, graphics, charts, commentaries, and the original selection, arrangement, and organization of the individualized Traits information).

By accessing the Analysis feature, you grant Axel and Related Parties a worldwide, non-exclusive, royalty-free, fully paid up, sublicensable, and transferable license to collect, store, process, analyze, use, reproduce, and otherwise exploit your Account Information, Self-Reported Information, and Genetic Information for the following lawful purposes only: (i) operating and providing the Service; (ii) making improvements and modifications to the Service; (iii) developing new products and services; and (iv) combining your and other users' information to compile and generate aggregated and anonymized data about users of the Service (no individual user will be identified or reasonably identifiable) ("Aggregated and Anonymized Data"). This license expressly EXCLUDES: (a) providing your individual-level Genetic Information to law enforcement or government agencies (except pursuant to a valid search warrant as described in our Privacy Policy); (b) sharing your Genetic Information with insurance companies, employers, or risk-assessment businesses under any circumstances; (c) using your Genetic Information for forensic or investigative genetic genealogy purposes; and (d) any use that would violate applicable state genetic privacy laws, including the Maryland Online Data Privacy Act's "strictly necessary" standard for Maryland residents. We do not sell your Genetic Information or Health Data, and we do not use them for marketing or advertising.

We will delete your User Data: (i) as provided in our Privacy Policy; (ii) upon receipt of a request from you (we reserve the right to verify your identity); (iii) upon deletion of your account; or (iv) if required to do so pursuant to applicable law or a valid court or government order. All Aggregated and Anonymized Data will belong to Axel and Related Parties and may be retained indefinitely. Unless otherwise agreed in writing, you will not receive any compensation, credit, or attribution with respect to any research, product, or improvement developed using your information.

9.4 User Feedback

If you submit any ideas, comments, reviews, testimonials, suggestions, or other feedback regarding the Service ("Feedback"), you agree that: (i) Axel and Related Parties may copy, use, publish, adapt, and otherwise exploit your Feedback in perpetuity and worldwide for any business purpose, including publicity, advertising, and product improvement; (ii) your Feedback submission is voluntary and made without any condition of compensation, credit, attribution, or confidentiality; (iii) it does not give rise to any contractual, fiduciary, or confidential relationship between you and Axel; and (iv) your Feedback may be used and retained indefinitely.

10. Disclaimer of Warranties; Limitations of Liability

THE SERVICE AND ALL INFORMATION PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AXEL AND RELATED PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. AXEL DOES NOT WARRANT THAT: (i) THE SERVICE WILL BE RELIABLE, USEFUL, OR MEET YOUR EXPECTATIONS; (ii) THE SERVICE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (iii) THE SERVICE WILL BE UNINTERRUPTED OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR (iv) THE SERVICE WILL BE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AXEL AND RELATED PARTIES BE LIABLE TO YOU OR ANY OTHER USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS, MENTAL ANGUISH, LOSS OF USE, AND LOSS OF DATA) ARISING OUT OF OR RELATED TO THE SERVICE OR ANY INFORMATION PROVIDED THROUGH THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AXEL AND RELATED PARTIES BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE IN A TOTAL AMOUNT THAT EXCEEDS THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO AXEL DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE FOR WHICH DAMAGES ARE CLAIMED, OR FIFTY U.S. DOLLARS (US$50.00), WHICHEVER IS GREATER.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, DAMAGES, OR LIABILITIES, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION 10 AFFECTS ANY CONSUMER RIGHT OR REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Indemnification; Hold Harmless

You agree to indemnify and hold harmless Axel and Related Parties and their respective shareholders, investors, members, officers, directors, employees, agents, representatives, advisors, and contractors from and against any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or relating to: (i) your use or misuse of the Service or any third-party product or service; (ii) any Raw Data uploaded by you; (iii) your violation of these Terms of Use or any applicable law or regulation; (iv) your violation of any intellectual property, privacy, contractual, or other right of any other person or entity; or (v) any agreement or purchase transaction you enter into with a third-party provider. Axel reserves the right, at our own expense, to assume the exclusive defense and settlement of any claim for which you are required to indemnify us, and you agree to cooperate with our defense and settlement of such claim.

12. Arbitration

12.1 Agreement to Arbitrate. This Section 12 is the "Arbitration Agreement." The United States Federal Arbitration Act (9 U.S.C. §§ 1-16) governs its interpretation and enforcement. You and Axel agree that any and all controversies, claims, and disputes arising out of or related to these Terms of Use or the Service, whether based in contract, tort, warranty, statute, or any other basis, including any dispute relating to the formation, interpretation, or enforceability of these Terms of Use (collectively, "Claims"), shall be finally resolved by binding arbitration, rather than in court; except that each party retains the right (i) to bring an individual action in small claims court if the Claim qualifies, and (ii) to seek injunctive or other equitable relief in court against actual or threatened infringement, misappropriation, or violation of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

12.2 Class Action Waiver. YOU AND AXEL AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND AXEL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).

12.3 Procedures. Arbitration will be conducted by a single, neutral arbitrator in accordance with the American Arbitration Association's ("AAA") Consumer Arbitration Rules (the "AAA Rules"), as modified by this Arbitration Agreement. To learn more about arbitration through the AAA, visit adr.org. Prior to initiating arbitration, you and we agree to first make reasonable efforts to resolve a Claim amicably through good-faith negotiations; if a Claim cannot be resolved within 60 days after written notice (email sufficient), either party may initiate arbitration. To initiate arbitration, a party must provide the other with a written Demand for Arbitration as specified in the AAA Rules. If you initiate arbitration, please send your Demand for Arbitration to: Maliwan, LLC, Attn.: Legal / Arbitration, 3723 Greenville Ave, STE 19706, Dallas, TX 75206, US, Email: privacy@axeldna.app. If we initiate arbitration, we will send our Demand to the email or mailing address you have provided. The arbitrator will follow these Terms of Use and apply the internal laws of the State of Delaware, consistent with the Federal Arbitration Act; honor claims of privilege; and have authority to award any form of legal or equitable relief consistent with applicable law (except that the arbitrator may not award punitive, incidental, indirect, special, or consequential damages). The decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

12.4 Venue. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Axel may elect to have the arbitration conducted by telephone or based solely on written submissions, subject to the arbitrator's discretion to require an in-person hearing.

12.5 Confidentiality. You and Axel agree that the arbitration proceeding will be conducted confidentially and that the arbitrator's decision and award will be kept confidential by both parties, except as required by applicable law or a valid court order.

12.6 Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party will be responsible for all other fees it incurs, including its own attorney fees.

12.7 Severability. If a court decides that any term of this Arbitration Agreement other than Section 12.2 is invalid or unenforceable, the parties agree to replace it with a valid term that comes closest to its intention, and this Arbitration Agreement shall be enforceable as modified. If a court decides that any provision of Section 12.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void; the remainder of these Terms of Use will continue to apply.

13. Governing Law; Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware (without regard to its conflict of laws provisions), except that the United States Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration Agreement in Section 12. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. With respect to any Claim that is not subject to arbitration, or if the Arbitration Agreement is found void or unenforceable, you and we each agree to submit to the exclusive jurisdiction of the state or federal courts located in New Castle County, Delaware, and you waive all defenses of lack of personal jurisdiction, venue, and forum non conveniens with respect to those courts.

14. Limitation on Time to File Claims

YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AGAINST AXEL ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OR BE PERMANENTLY BARRED.

15. Changes

From time to time, we may modify these Terms of Use to accommodate new technology, industry practices, regulatory requirements, or for other purposes. If we make a material change, we will provide you with notice thirty (30) days prior to the effective date by posting a notice on our website or sending a message to the email address associated with your account. Unless you notify us within thirty (30) days that you do not agree to the new terms, you will be deemed to have agreed to them. If any change is unacceptable to you, you may stop using the Service and delete your account at any time. If you use the Service after the date on which these Terms of Use have changed, we will treat your use as acceptance of the updated Terms.

16. Electronic Communications

When you communicate with us through the Service or by email, you are communicating with us electronically. You: (a) consent to receive communications from us in electronic form; and (b) agree that all terms, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The foregoing does not affect any rights you may have which cannot be waived under applicable law.

17. Miscellaneous

These Terms of Use (together with our Privacy Policy, the Informed Consent submitted by you, and any other legal notices referenced herein) constitute the entire agreement between you and Axel concerning the Service. If any provision is deemed invalid, the remaining provisions shall remain in full force and effect. No waiver of any provision shall be deemed a further or continuing waiver, and our failure to assert any right shall not constitute a waiver. The provisions of Sections 2, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 shall survive any termination of these Terms of Use.

Assignment. Axel may assign or transfer this Agreement, including any rights or obligations, in connection with a merger, acquisition, or sale of assets. In such cases, your rights under these Terms will continue, and your information will remain subject to the Privacy Policy in effect at the time of transfer, unless you are otherwise notified and given the opportunity to review updated terms.

18. Contact Information

The Service is provided by Maliwan, LLC. If you have any questions, complaints, or claims with respect to the Service, you may contact us at privacy@axeldna.app.

19. California Residents

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

This page provides important information about the identity, location, and role of each Subprocessor we use. Terms used on this page but not defined have the meaning set forth in our Terms of Use or a superseding written agreement between users and us.

Axel (Maliwan, LLC) uses third-party Subprocessors to provide infrastructure and AI services, and to help us process payments, provide customer support, and send notifications. Prior to engaging any third-party Subprocessor, we perform diligence to evaluate their privacy, security, and confidentiality practices, and we execute an agreement implementing their applicable obligations.

Infrastructure Subprocessors

AI Subprocessors

Payment Subprocessors

Marketing & Analytics Subprocessors

These operate only on our marketing website and receive website/online-identifier data — never your Genetic Information or Health Data. [Add or remove as you finalize your marketing stack and launch the website.]

Updates

As our business grows and evolves, the Subprocessors we engage may also change. We will endeavor to provide the owner of a user's account with notice of any new Subprocessors to the extent required under the applicable agreement, along with posting such updates here. Please check back frequently for updates.

Maliwan, LLC · Attn.: Privacy · 3723 Greenville Ave, STE 19706, Dallas, TX 75206, US · privacy@axeldna.app

1. Purpose and Scope

This Law Enforcement & Government Agency Disclosure Policy ("Policy") governs how Maliwan, LLC ("Axel", "we", "us", or "our") responds to requests for consumer genetic data made by law enforcement agencies, government agencies, regulatory bodies, and other governmental actors.

This Policy is established with reference to the Maryland Genetic Information Privacy Act (Md. Code, Com. Law § 14-4405(a)), which requires direct-to-consumer genetic testing companies to establish documented legal policies and processes for disclosing genetic data to law enforcement or another government agency without a consumer's express written consent. This Policy also reflects industry best practices as articulated by the Future of Privacy Forum (FPF).

This Policy applies to: all forms of consumer genetic data held by Axel, including raw sequence data, genotypic and phenotypic information, inferences derived from genetic data, your DNA Profile, and associated account information; all requests for such data originating from law enforcement agencies, government agencies, courts, and any other governmental or quasi-governmental authority, whether domestic or foreign; and all Axel employees, contractors, and service providers who may receive or handle such requests.

This Policy governs Axel's response to involuntary law enforcement requests — situations where a government agency seeks access to consumer genetic data without the consumer's advance consent, typically through a court order, subpoena, or search warrant. This is distinct from, and should be read alongside, Axel's consent-based practices described in the Privacy Policy. In the event of any conflict between this Policy and the Privacy Policy on matters of law enforcement disclosure, this Policy controls. Additionally, our Terms of Use (Section 9.2) explicitly prohibit law enforcement agencies, their employees, and their contractors from using the Service for law enforcement purposes, investigative genetic genealogy, surveillance, or any form of criminal investigation.

2. Axel's Core Commitment

Axel is fundamentally committed to protecting the privacy and security of our users' genetic data. Genetic information is among the most sensitive categories of personal data — it is permanent, uniquely identifying, and can reveal intimate details about health, ancestry, family relationships, and biological relatives who have never interacted with Axel.

Axel will NOT voluntarily disclose consumer genetic data to law enforcement or government agencies without a consumer's explicit written consent. We will scrutinize all requests, require valid legal process, challenge overbroad or legally deficient demands, notify affected users wherever legally permissible, and produce only the minimum data necessary to comply with valid legal obligations.

3. What Axel Will and Will Not Do

3.1 We will NOT

• Voluntarily provide genetic data or account information to law enforcement or government agencies without a valid legal demand;
• Add consumer genetic data to any public law enforcement database or investigative genetic genealogy database — we do not operate or contribute to any such database;
• Comply with informal requests, phone calls, or letters that do not constitute legally valid process; or
• Disclose genetic data to foreign governments or international agencies without a valid legal order recognized under U.S. law.

3.2 We will ONLY disclose under the following conditions

• A valid court order, judicially-issued search warrant, or subpoena that meets all applicable legal requirements under federal and applicable state law. For Genetic Information (as defined in the Privacy Policy), Axel requires a valid search warrant specifically authorizing the collection of genetic data. For non-genetic personal information (such as name, email address, or IP address), Axel may comply with a valid court order or subpoena. This tiered approach reflects the heightened sensitivity of genetic data;
• A valid legal demand from a federal agency accompanied by appropriate legal authorization;
• When explicitly required by an applicable statute or regulation, and only to the extent legally required; or
• With the express written consent of the consumer whose data is being requested.

Insurer / employer prohibition (Md. Code, Com. Law § 14-4405(d))

Under Md. Code, Com. Law § 14-4405(d), Axel will NOT disclose consumer genetic data — even under legal process — to any entity offering health insurance, life insurance, disability insurance, or long-term-care insurance, or to any employer of the consumer. This prohibition applies regardless of the form of legal process presented. As stated in our Privacy Policy, Axel maintains an absolute, company-wide prohibition on disclosing Genetic Information to any insurance company, employer, or entity that uses data for insurance underwriting, employment decisions, or risk-assessment purposes. This applies to all users regardless of state of residence and regardless of whether the user provides consent, and aligns with the Genetic Information Nondiscrimination Act (GINA) and state genetic privacy statutes.

4. No Forensic Genealogy Program

Axel does not operate or participate in any forensic genealogy or law-enforcement genetic database (such as DNAsolves), does not contribute your genetic data to any such database, and offers no such opt-in program. The only authorized pathway for law enforcement access to genetic data is through valid legal process as described in this Policy.

5. Process for Handling Law Enforcement Requests

5.1 Receipt and Initial Review

All law enforcement and government agency requests for consumer data must be submitted in writing. Verbal requests, informal inquiries, or requests submitted through unofficial channels will not be honored. Upon receipt of a written request, Axel will: route the request immediately to the Legal & Privacy Team; log the request in our Law Enforcement Request Register (date, agency, type of process, data requested, and resolution); acknowledge receipt to the requesting agency in writing; and initiate legal review within 3 business days.

5.2 Legal Sufficiency Review

The Legal & Privacy Team will assess whether the legal process presented is valid and legally sufficient, including: confirming the request originates from an authorized agency; verifying it complies with applicable federal and state law, including constitutional requirements; assessing whether the scope of data requested is proportionate and narrowly tailored; confirming no applicable prohibition applies (e.g., the insurer/employer prohibition); and consulting outside legal counsel where appropriate. Axel will challenge, in court where necessary, any request that we determine is legally deficient, overbroad, unconstitutional, or otherwise invalid, and will exhaust available legal remedies to protect consumer privacy before complying with any contested demand.

5.3 Consumer Notification

Axel will notify the affected consumer(s) promptly — and in advance of any disclosure, where legally permissible — when we receive a law enforcement request for their genetic data. Notification will be provided by email to the address associated with the consumer's account. Notification may be delayed or withheld only if we receive a lawful non-disclosure order that legally prohibits disclosure, or we reasonably determine that notification would obstruct a legitimate ongoing investigation involving imminent risk of serious harm to a person. If notification is initially prohibited, we will notify the consumer at the earliest point at which it becomes legally permissible.

5.4 Data Minimization

If Axel determines that a request is legally valid and must be complied with, we will disclose only the minimum data necessary to respond to the specific legal demand; not proactively include additional data beyond what is expressly required; and produce data in a format that limits secondary use beyond the stated investigative purpose, to the extent practicable.

5.5 Documentation and Record-Keeping

Axel will maintain a complete and accurate record of all law enforcement requests received, including the requesting agency, type of legal process, specific data requested, our legal assessment and response, whether and what data was disclosed, and whether consumer notification was provided. These records will be maintained for a minimum of five (5) years.

6. Emergency and Exigent Circumstances

Axel recognizes that law enforcement may occasionally present requests in circumstances they characterize as emergencies. Axel will evaluate such claims critically and independently; an agency's characterization of a situation as an "emergency" does not, by itself, bypass this Policy or waive any applicable legal requirements.

In genuine exigent circumstances involving an imminent threat of death or serious bodily injury, Axel may, at its sole discretion, disclose limited non-genetic account information (e.g., name, contact information) to assist the responding agency, consistent with applicable law. Any such disclosure will be limited to the minimum information necessary; documented in the Law Enforcement Request Register; followed by formal written legal process from the agency within 5 business days; and notified to the consumer at the earliest legally permissible opportunity. Axel will not provide genetic data (raw sequence data, genotypic/phenotypic information, or derived inferences) on an emergency or exigent basis without valid legal process.

7. Consumer Rights Related to Law Enforcement Requests

Right to Delete. Consumers may request deletion of their account and genetic data at any time through their Axel account settings (Settings → Privacy & Data) or by submitting a Privacy Request. Upon verified deletion, Axel will no longer have data to produce in response to future law enforcement requests. Axel will honor deletion requests within 30 days, subject to any legal hold obligations under valid legal process received prior to the deletion request. (Axel does not collect biological samples; we process only the digital Raw Data you upload.)

Right to Notification. Subject to applicable legal constraints (including court-issued non-disclosure orders), Axel will notify consumers when their genetic data is the subject of a law enforcement request, prior to any disclosure wherever possible.

Consent-Based Disclosure. A consumer may provide explicit written consent for Axel to disclose their genetic data to a specific law enforcement agency for a specific purpose. Such consent must be given voluntarily, must describe the specific data to be disclosed and the receiving agency, and may be revoked at any time prior to actual disclosure.

8. Transparency Reporting

Axel will publish an annual Transparency Report disclosing the number, type, jurisdiction, and outcome of all law enforcement requests received during the prior calendar year.

9. Applicable Legal Framework

This Policy has been developed with reference to the following legal authorities and best practices:

• Md. Code, Com. Law § 14-4403 — Requires DTC genetic testing companies to provide consumers with clear and complete information regarding all data collection, use, disclosure, transfer, security, and retention/deletion practices.
• Md. Code, Com. Law § 14-4404 — Requires separate express consent for each third-party transfer of genetic data.
• Md. Code, Com. Law § 14-4405(a) — Requires DTC genetic testing companies to establish legal policies and processes for disclosing genetic data to law enforcement without consumer consent — the primary basis for this Policy.
• Md. Code, Com. Law § 14-4405(d) — Prohibits disclosure of genetic data to insurers or employers of the consumer, even under legal process.
• Maryland Online Data Privacy Act (MODPA) — Restricts processing/sharing of sensitive data (including genetic data) to what is strictly necessary, and prohibits the sale of sensitive data.
• California GIPA (Cal. Civ. Code § 56.18) — Governs genetic data handling for California consumers; requires express consent for all collection, use, and disclosure.
• Fourth Amendment, U.S. Constitution — Protects against unreasonable searches and seizures; forms the constitutional floor for evaluating law enforcement requests.
• Electronic Communications Privacy Act (18 U.S.C. § 2701 et seq.) — Governs law enforcement access to electronic communications and stored data.
• Genetic Information Nondiscrimination Act (GINA) — Federal prohibition on use of genetic information in health insurance and employment.
• State genetic privacy statutes — Axel also complies with applicable genetic privacy statutes in multiple states beyond Maryland and California; see the US State Privacy Notices for a summary of state-specific genetic privacy rights.
• FPF Best Practices for Consumer Genetic Testing Services — Voluntary industry best practices including transparency reporting, valid legal process requirements, and consumer notification for law enforcement access.

10. Internal Roles and Responsibilities

• Legal & Privacy Team — Primary owner of all law enforcement request handling, legal review, consumer notification, and transparency reporting.
• Customer Support / Operations — Routes any law enforcement inquiries received through non-legal channels immediately to the Legal & Privacy Team.
• Engineering / Data Team — Executes approved data pulls and maintains the technical capability to isolate and extract specific consumer data subsets.
• Executive Team — Notified of all law enforcement disclosures; final approval required for any disclosure not clearly covered by unambiguous valid legal process.
• Outside Legal Counsel — Engaged for contested requests, challenges to legal process, non-disclosure orders, or requests involving national security.

11. Policy Review and Updates

This Policy will be reviewed at least annually by the Legal & Privacy Team and updated to reflect changes in applicable federal or state law, changes in Axel's data practices or product offerings, material changes in judicial interpretation of relevant constitutional or statutory provisions, or emerging best practices in the consumer genetic testing industry. Material updates will be disclosed to consumers via Axel's website and privacy notice.

12. Contact

Questions about this Policy — from consumers, law enforcement agencies, or internal staff — should be directed to the Axel Legal & Privacy Team at privacy@axeldna.app.