Terms & Conditions.

MySpawn operates a digital legacy planning and long-term preservation platform. The Service enables Users to record, upload, store, and manage personal preferences, data archives, and biological samples (such as DNA) for potential future use in accordance with the User's expressed wishes.

MySpawn does not offer, provide, or perform any medical, genetic engineering, reproductive, cloning, gestation, or descendant-creation services. All selections made on the platform — including temporal preferences, geographic origins, cognitive designations, activation triggers, upbringing models, or any other configurations — are conceptual onlyand represent the User's recorded intentions, not a commitment by MySpawn to act upon them.

The platform facilitates thoughtful legacy design and secure storage. Any potential future realisation of User preferences depends entirely on future scientific, technological, ethical, and regulatory developments.

You expressly acknowledge and agree that MySpawn makes no guarantees, warranties, or representations regarding the creation, instantiation, revival, or development of any descendant, biological continuation, clone, or genetically modified entity.

Stored biological samples and data may never be used for reproductive or generative purposes. Any future use is strictly contingent upon applicable laws and regulations at the relevant time, the state of science and medicine at that time, and the continued existence and operational capacity of MySpawn or its lawful successor.

All services and materials are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of merchantability, fitness for a particular purpose, or non-infringement.

By proceeding, you represent that you are at least 18 years of age (or the age of majority in your jurisdiction) and have full legal capacity to enter into this agreement. You further represent that you are acting voluntarily and without coercion.

Your selections, including any death-triggered activation protocols or legacy instructions, are non-binding expressions of preference only and do not create any obligation on MySpawn to act upon them. We recommend supplementing these recorded preferences with a formal will, advance directive, or similar legal instrument prepared with qualified counsel.

You agree to obtain independent legal advice regarding estate planning, trusts, or posthumous instructions before relying on this Service. Before your DNA kit can be processed, you must complete the separate Descendant Creation Consent and execute the Storage Services Agreement, which record your explicit permissions on each material use of your stored material.

You retain full legal ownership of your DNA sample and all uploaded data at all times. MySpawn is a preservation service only and does not perform genetic analysis, sequencing, modification, or reproduction of any kind.

4.1 the Storage Partner — Storage Custodian

All physical DNA samples are received, processed, and stored exclusively by an independent, ISO- and CAP-certified biorepository operating in Texas, USA (referred to throughout these Terms as the "Storage Partner"). MySpawn does not at any point physically receive, handle, transport, process, or store any User's DNA sample. Your kit ships directly to you, and the return shipment is received solely and directly by the Storage Partner.

The Storage Partner holds the following certifications applicable to its biorepository activities: ISO 9001, ISO 20387, CAP-accredited, FDA-registered.

the Storage Partner operates as an independent third-party custodian under a formal Data Processing Agreement (DPA) with MySpawn, consistent with GDPR Article 28, CCPA, and all applicable data protection legislation governing the handling of special-category biological data. Specifically, the Storage Partner is bound by:

• ·Strict non-use obligation. The Storage Partner is contractually prohibited from using, analysing, sequencing, profiling, sharing, licensing, transferring, or otherwise processing your DNA sample or any derived genetic data for any purpose whatsoever, other than the receipt, secure storage, and long-term preservation of the sample as directed by MySpawn on your behalf.
• ·No third-party disclosure. The Storage Partner shall not disclose, sell, transfer, or make available your biological sample or associated metadata to any third party — including research institutions, pharmaceutical companies, government bodies, or commercial entities — without your prior explicit written consent and, where required, MySpawn's written authorisation.
• ·Regulatory compliance. The Storage Partner maintains all licences, regulatory approvals, and legal clearances required under applicable national and international law to lawfully hold and store human biological material for the storage durations specified in your chosen plan.
• ·Controlled-environment storage. Your sample is stored in access-restricted, monitored, controlled-environment facilities operated by the Storage Partner. Access to stored samples is restricted to authorised facility personnel only and is logged at all times.
• ·Destruction on request. Upon verified User request, MySpawn will coordinate with the Storage Partner to action certified destruction in accordance with applicable regulatory requirements. Samples cannot be physically returned once received — only destroyed.

4.2 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.

4.3 Release of material upon death

In the event of your death, materials held by the Storage Partner on your behalf may be released only in accordance with (a) verified legal instructions such as a valid will, court order, or instruction from a duly appointed legal representative, and (b) the scope of consents you have recorded via the Descendant Creation Consent. No release will be made that exceeds the permissions you granted while alive.

You retain all right, title, and interest in and to your DNA sample, your uploaded content (photos, videos, audio, documents, letters), and your questionnaire responses and configurations. You grant MySpawn a limited, revocable licence solely to the extent necessary to operate the Service, preserve your materials (including via the Storage Partner), and act upon your recorded instructions within the bounds of your consents.

MySpawn claims no ownership over any biological, personal, or creative material you provide. MySpawn does own the platform, the software, the user interface, the questionnaire structure, and all trademarks and branding associated with the Service.

Plans are offered on a one-time payment basis with no recurring charges. The price displayed at checkout is the total amount due. Your plan covers the manufacture and shipment of your DNA collection kit, receipt and processing of your sample by the Storage Partner, long-term storage at the Storage Partner for the duration specified in your plan, and access to your MySpawn Legacy Vault.

Plan durations are: Starter — 10 years of storage from the date of receipt by the Storage Partner; Legacy and Premium— storage for the lifetime of the MySpawn platform. MySpawn will provide no less than twelve (12) months' notice before any material change to plan duration, and will offer affected Users the option of sample destruction or transfer to an alternative custodian.

Payments are processed by third-party PCI-DSS compliant providers (Stripe, PayPal). MySpawn does not store raw card data. Refunds are available within fourteen (14) days of purchase provided the DNA kit has not yet been dispatched. After dispatch, refunds are at MySpawn's discretion and may be partial.

You may withdraw from the Service, close your account, and request the deletion of your personal data and the destruction of your physical DNA sample at any time and for any reason, by:

• ·emailing myspawn@myspawnapp.com from the email on file; or
• ·submitting a request from within your account.

Upon receipt of a verified request, MySpawn will coordinate with the Storage Partner to effect certified laboratory destruction of your sample in accordance with applicable regulatory requirements, and will permanently delete your personal data from MySpawn systems within thirty (30) days, subject to minimum retention periods required by law (for example, seven (7) years for payment records). Samples cannot be physically returned — destruction is the only available withdrawal route.

To the maximum extent permitted by law:

• ·8.1 MySpawn shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with the use of, or inability to use, the Service, including without limitation loss of data, loss of a biological sample (subject to the Storage Partner's independent liability regime), inability to realise any User preferences, or any failure of future technology, science, or law to permit descendant creation.
• ·8.2 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be lawfully limited or excluded.
• ·8.3 MySpawn's aggregate liability for any claim arising under these Terms shall not exceed the total amount paid by you to MySpawn in the twelve (12) months preceding the claim, except where prohibited by mandatory consumer-protection law.

9.1 Scope. You agree to indemnify, defend, and hold harmless each of MySpawn, the Storage Partner (an ISO- and CAP-certified biorepository in Texas), and their respective officers, directors, employees, affiliates, agents, and successors (the "Indemnified Parties"), 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 these Terms, in the Storage Services Agreement, or in your recorded consents — including (without limitation) the sample-origin warranty stating that the sample you submitted is from your own body;
• (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 (including any genetic information privacy law);
• (d) any materially false or misleading information you provided at sign-up, ordering, attestation, or consent;
• (e) any use you make of the Service that is inconsistent with the stated intended use in clause 1.5 above.

9.2 the Storage Partner as third-party beneficiary. The Storage Partner is hereby expressly named as a third-party beneficiary of the indemnities, representations, warranties, and limitations of liability contained in these Terms. The Storage Partner has independent standing to enforce these provisions directly against you, to the same extent as MySpawn, regardless of any action or inaction by MySpawn, and without joinder of MySpawn as a party. This clause is intended to satisfy any applicable third-party-beneficiary requirements under the laws of the State of Delaware, the Commonwealth of Virginia, and all other applicable jurisdictions.

9.3 Defence and cooperation.The Indemnified Parties shall have the right, but not the obligation, to assume exclusive control of the defence of any claim subject to indemnification, with counsel of their choice and at your expense. You shall cooperate fully in the defence of any such claim. No settlement that imposes any liability or obligation on any Indemnified Party may be entered without that party's prior written consent.

We may update these Terms from time to time to reflect changes in our practices, legal requirements, or Service features. When we make material changes, we will notify you by email and update the "Last updated" date at the top of this page. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.

These Terms are 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 these Terms, 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) these Terms.

The following provisions survive termination of your account, withdrawal from the Service, destruction of your sample, or any other termination of this Agreement, indefinitely: clause 1.5 (Intended Use), clause 4.1 (the Storage Partner Custody) and 4.2 (Accepted Sample Types), Section 05 (Ownership), Section 08 (Limitation of Liability) including clause 8.5 (the Storage Partner Liability Boundary), Section 09 (Indemnification) including the third-party-beneficiary rights of the Storage Partner, and Section 11 (Governing Law). Any cause of action arising during the term of this Agreement shall survive its termination.