The Parties
This Storage Services Agreement (the "Agreement") is entered into between:
You— the natural person ordering a DNA preservation kit and submitting a biological sample under your own name (the "User");
MySpawn Inc., a Delaware corporation with its registered office at 8 The Green, Dover, DE 19901, USA ("MySpawn"); and
an independent, ISO- and CAP-certified biorepository operating in Texas, USA (the "Storage Partner"), engaged by MySpawn solely as a third-party storage custodian and named beneficiary of this Agreement.
By signing below, you enter into this Agreement with both MySpawn and the Storage Partner as a tri-party arrangement. the Storage Partner is an express third-party beneficiary of the representations, warranties, and indemnities you give in this Agreement and may enforce them directly against you to the same extent as MySpawn.
Intended Use
The intended use of your stored biological sample is explicitly and exclusively the following:
"Long-term private preservation of a personal biological keepsake, on behalf of and at the sole direction of the User, for non-clinical, non-diagnostic, non-research, non-therapeutic, and non-reproductive purposes."
For the avoidance of doubt, the stated intended use excludes:
- ·any clinical or diagnostic testing of any kind;
- ·any genetic sequencing, genotyping, or analytical interrogation of the sample;
- ·any research use, scientific study, or licensing to third parties;
- ·any therapeutic, medical, or reproductive application;
- ·any cloning, embryo creation, gestational, or descendant-creation procedure;
- ·any commercial sale, transfer, or monetisation of the sample or any data derived from it.
The User acknowledges that the service is not a medical service, is not regulated as a medical device, in vitro diagnostic, or laboratory-developed test, and is not intended to diagnose, treat, cure, mitigate, or prevent any disease or condition.
Storage-Only Scope
The service provided under this Agreement consists solely of:
- Dispatch of a sample collection kit to an address you provide;
- Receipt of your returned sample by the Storage Partner at its US facility, directly and without intermediate handling by MySpawn;
- Unique identifier registration, packaging into a controlled-environment storage vessel, and long-term preservation by the Storage Partner under its standard biorepository protocols;
- Maintenance by MySpawn of the digital record associated with your sample (your account, recorded preferences, memories, and consent documents);
- Coordinated destruction of the sample upon your verified request, in accordance with the Storage Partner's certified destruction protocols.
No other service is provided, offered, or implied. In particular, neither MySpawn nor the Storage Partner performs any laboratory work, any testing, any analysis, or any procedure on your sample.
Your Representations
By entering this Agreement, you represent and warrant to both MySpawn and the Storage Partner that:
(a) Age and capacity. You are at least 18 years of age (or the age of majority in your jurisdiction), of sound mind, and have full legal capacity to enter this Agreement.
(b) Voluntary action. You are acting voluntarily, without coercion, and not on behalf of any other natural person, organisation, government, or undisclosed principal.
(c) Storage-only understanding. You have read, understood, and agree that the service is a preservation service only, and you do not rely on any verbal or marketing statement to the contrary.
(d) No medical reliance. You will not rely on this service for any medical, diagnostic, or therapeutic purpose, and you have been advised to consult qualified medical, legal, and estate-planning counsel for any binding decision.
(e) Lawful origin. The biological sample you will submit was lawfully collected from your own body, by you, without the involvement of any third party who has not consented to its collection.
(f) Accurate disclosure. All information you have provided to MySpawn — including your identity, contact details, and answers to the consent and questionnaire — is true, accurate, and not misleading.
Sample Origin Warranty
Critical Warranty
You explicitly warrant that the biological material you submit — strictly limited to hair collected from the root and nail clippings, and no other sample type — was collected from your own body, by you personally or under your direct supervision, and was not obtained from any other person, living or deceased, with or without their knowledge.
You understand and agree that:
- (i)Neither MySpawn nor the Storage Partner has any duty or capability to verify the biological origin of any sample submitted, and neither party will perform any identity or paternity-style validation.
- (ii)Both MySpawn and the Storage Partner rely entirely and exclusively on your sworn warranty in this Section 05 to accept the sample for storage.
- (iii)Submission of any sample that is not your own constitutes a material breachof this Agreement, voids all of MySpawn's and the Storage Partner's obligations to you, and may constitute a criminal offence under applicable state and federal law (including but not limited to genetic information privacy statutes such as Illinois GIPA, Florida FS § 760.40, and similar laws).
- (iv)You will fully indemnify MySpawn and the Storage Partner for any claim, regulatory enforcement, or third-party action arising from a false warranty under this Section 05, including all legal fees and damages.
Accepted Sample Types — Strictly Limited
MySpawn accepts only the following two sample types, both of which are non-invasive and collectable at home without any medical procedure:
- ·Hair collected from the root (the bulb at the base of the hair must be intact);
- ·Nail clippings (fingernail or toenail).
MySpawn does not accept and will not process buccal (cheek) swabs, saliva samples, blood, tissue biopsies, or any sample that requires or implies a medical, invasive, or clinical collection procedure. The User must not submit any such sample. If a non-accepted sample is received, the Storage Partner may, at its sole discretion, destroy it without notice and without obligation to MySpawn or the User.
the Storage Partner's Role — Custodian Only
the Storage Partner's role under this Agreement is strictly that of a storage custodian. You acknowledge and agree that:
(a) No use of the sample. The Storage Partner is contractually prohibited from using, analysing, sequencing, genotyping, profiling, sharing, licensing, or otherwise processing your sample for any purpose other than secure storage as directed by MySpawn on your behalf.
(b) No validation duty. The Storage Partner does not verify the identity of the sample, its biological origin, its viability, its DNA content, its species, or its suitability for any future application. The Storage Partner accepts the sample on the basis of MySpawn's identification labels and your representations only.
(c) No regulatory responsibility for intended use. The Storage Partner bears no responsibility, regulatory or otherwise, for the intended use stated in Section 02 or for any future use of the sample. All such responsibility rests with MySpawn (see Section 10).
(d) No grievance handling. All user grievances, support requests, withdrawal requests, and complaints will be handled by MySpawn and not by the Storage Partner. The Storage Partner will action sample destruction only on verified instruction from MySpawn or pursuant to a lawful order.
(e) Independent regulatory standing. The Storage Partner holds its own certifications (ISO 9001, ISO 20387, CAP, FDA registration) for the biorepository activities it performs. Those certifications do not extend to the intended use, marketing, or platform features of MySpawn.
Sample Handling Acknowledgment
You acknowledge specific characteristics of the sample types accepted under this service:
Sample Type Notice
Hair and nail clippings are biological materials that may, in suboptimal collection or shipping conditions, develop mould, bacterial contamination, or other degradation prior to receipt by the Storage Partner. This is a known characteristic of these sample types and not a defect of the service.
You acknowledge and agree that:
- (i)You are responsible for following the collection and packaging instructions provided with your kit, including any drying or sealing steps.
- (ii)Upon receipt, the Storage Partner will store hair and nail samples in separated, controlled-environment vessels under its standard protocols, segregating sample types where appropriate to mitigate cross-contamination or degradation of adjacent samples.
- (iii)Neither MySpawn nor the Storage Partner warrants that any sample will remain biologically viable, sequenceable, or usable for any purpose over time. Your sample is preserved "as received".
- (iv)Neither party is liable for sample degradation, mould development, or loss of biological integrity arising from collection method, shipping conditions, sample type characteristics, or the passage of time.
No-Return Policy
Important — Sample Cannot Be Returned
Once your sample has been received by the Storage Partner, it cannot be physically returned to you. This is a strict policy of both MySpawn and the Storage Partner for chain-of-custody, contamination, biosafety, and regulatory reasons.
If you withdraw from the service, change your mind, or otherwise no longer wish your sample to be stored:
- ·MySpawn will coordinate certified laboratory destruction of the sample by the Storage Partner under its standard biohazard waste protocols, in accordance with applicable regulations.
- ·A destruction certificate will be issued and delivered to you on request.
- ·No physical return of biological material will be made under any circumstance.
Withdrawal & Destruction
You may withdraw from the service, close your account, and request the destruction of your sample at any time and for any reason, by:
- ·emailing myspawn@myspawnapp.com from the email address on file; or
- ·submitting a withdrawal request from within your authenticated account.
Upon verification of your request, MySpawn will instruct the Storage Partner to action certified destruction within 30 days. Your personal data within MySpawn systems will be deleted on the same timeline, subject to minimum retention periods required by law (for example, 7 years for payment records and any records subject to litigation hold).
MySpawn's Regulatory Responsibility
As between MySpawn and the Storage Partner, MySpawn is the sole party responsible for:
- ·compliance with all federal, state, and international laws and regulations governing the intended use stated in Section 02, including but not limited to the U.S. Food, Drug, and Cosmetic Act, 21 CFR Part 1271 (where applicable), the Genetic Information Nondiscrimination Act (GINA), the Health Insurance Portability and Accountability Act (HIPAA, where applicable), the California Consumer Privacy Act (CCPA/CPRA), Illinois Genetic Information Privacy Act (GIPA), Florida FS § 760.40, the EU General Data Protection Regulation (GDPR), and all analogous laws in jurisdictions where MySpawn offers the service;
- ·any future regulatory clearance, authorisation, or licensing required to activate, transfer, or further process any stored sample beyond pure preservation;
- ·the lawfulness, accuracy, and compliance of all marketing claims, platform features, descendant-related questionnaires, and conceptual representations made on the MySpawn website or through any MySpawn channel;
- ·handling all User communications, grievances, regulatory inquiries, and legal correspondence arising from the User's engagement with the service.
the Storage Partner's role is limited to its activities as a certified biorepository under its own standing certifications, and the Storage Partner bears no liability for any of the above.
Indemnification of MySpawn and the Storage Partner
You agree to indemnify, defend, and hold harmless each of MySpawn and the Storage Partner, and their respective officers, directors, employees, affiliates, agents, and successors, from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- (a)your breach of any representation, warranty, or covenant in this Agreement, including (without limitation) the sample-origin warranty in Section 05;
- (b)any third-party claim that the sample you submitted was wholly or partly obtained from another natural person without their consent;
- (c)your violation of any applicable law, regulation, or third-party right;
- (d)any materially false or misleading information you provided at sign-up, ordering, or consent;
- (e)any use you make of the service inconsistent with the stated intended use in Section 02.
the Storage Partner is an express third-party beneficiary of this indemnity and has independent standing to enforce it directly against you, regardless of any action or inaction by MySpawn.
Limitation of Liability
To the maximum extent permitted by law:
- (a)Neither MySpawn nor the Storage Partner shall be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with this Agreement or the service, including loss of biological viability of the sample over time, loss of expected future utility, or any failure of science, technology, or law to permit any future use of the sample.
- (b)MySpawn's aggregate liability under this Agreement shall not exceed the total fees you have paid to MySpawn in the 12 months preceding the claim.
- (c)the Storage Partner's aggregate liability to you under this Agreement is limited to the Storage Partner's own independent liability regime under its certifications, and in any event no greater than the storage-handling fees attributable to your sample within the 12 months preceding the claim.
- (d)Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be excluded.
Governing Law & Jurisdiction
This Agreement is governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. The state and federal courts located in Delaware shall have exclusive jurisdiction over any dispute arising under this Agreement, save that nothing in this clause shall deprive you of any mandatory consumer-protection rights available to you under the laws of your place of residence.
Where the User is located in the European Economic Area, the United Kingdom, or another jurisdiction with mandatory data-protection rights over special-category biological data, those rights apply in addition to (and not in substitution for) this Agreement.
Acknowledgement & Signature
Please confirm each of the following before signing.