Terms & Conditions

Last Updated: September 20, 2022


Hello there, we are FERN DNA Inc. operating as Fern DNA (“Fern”, “we”, “is” and terms of similar meaning) and we provide to you a lifestyle genetic fertility test (the “Test”), subject to these terms of use (“Terms”). The Test encompasses (i) the website from which you order the Kit (hereinafter defined) (the “Fern Website”); (ii) the physical DNA testing kit, which consists of a cheek swab for sample collection (“Sample”), instructions, personal information collection and consent form (“Information Form”), as well as a pre-addressed return envelope (collectively, the “Kit”); (iii) the lab processing and analysis of the Sample (“Sample Processing”); (iv) a detailed report of your genetics results (“Report”); (v) access to a web portal from which you can view your Report (“Web Portal”); (vi) an optional 30 minute consultation with a genetic advisor (“Genetic Consultation”); and (vii) any other product or service provided by Fern in the future that is related to the foregoing.


Application of the Terms. These Terms govern your access to and use of the Test from time to time, regardless of whether or not your use is in connection with an Account (hereinafter defined) or not. Please do take some time to read these Terms carefully, as they constitute a legal agreement between Fern DNA and you and please do not hesitate to contact us if you have any questions. Our Terms also include our Privacy Policy, which can be found here https://ferndna.com/privacy-policy/ and our Refund Policy, which can be found here https://ferndna.com/refund-policy/

If you do not agree to all of the Terms, please do not use any aspect of the Test.

Modifying & Reviewing the Terms. We reserve the right to change or modify any of our Terms, at any time and in our sole discretion. We will always notify you if our terms change, and our Terms will always show the “last updated” date at the top. Any revisions of the Terms will be effective immediately upon posting the revisions to the Fern Website or notifying you by email.

Interpretation of the Terms. All Terms are to be interpreted and construed pursuant to our sole discretion. If you have any questions about the Terms please email us at info@ferndna.com


Eligibility. You can access or use the Test if you (i) are at least the age of majority in your jurisdiction; (ii) can legally form a binding contract with us; (iii) the Sample that you provide is either your own, or the sample of a minor for whom you are a parent or legal guardian, or of a person for whom you are a legally authorized representative.

Users. Users can be users who browse the Fern Website as a guest (“Non-Registered Users”), or users who create an Account (“Registered User”). Both Non-Registered Users and Registered Users are considered to be “Users.”


Commercial Relationship. Your relationship with us is commercial in nature. We are not a regulated health services provider and do not assume any fiduciary duty or similar obligations to you as a result of you accessing and using the Test.

Informational and Educational Purposes. You acknowledge and agree that the Test is to be used for research, informational and educational purposes only. Fern DNA does not recommend or endorse any specific tests, treatment, medications, products or procedures. We do not provide health care, medical services or naturopathic medicine services and take no part in your medical diagnosis and/or treatment.

In the event we do provide some potential recommendations or ways to take action, this information is intended to be for informational and educational purposes only and for discussion with your Health Care Providers (hereinafter defined). Reliance on the Test or on any information provided by Fern DNA, it’s co-founders and other third-parties appearing on the Fern Website or our social media accounts shall be used at your own risk.

Your Health Care Providers. You agree to consult your own health care providers, including but not limited to your family physician, reproductive medicine physician or Naturopathic doctor (“Health Care Providers”) prior to accessing and using the Test and relying on the Report. You acknowledge that the Test and Fern DNA is not meant to be a replacement for your Health Care Providers. In any case, you must consult with your Health Care Providers as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or health care related procedure or activity. You must not disregard professional advice provided to you by your Health Care Providers.

Your Sample. You consent to Fern DNA, the Third-Party Lab, their authorized service providers, employees and contractors to analyze your Sample and you specifically request Fern DNA and the Third-Party Lab to disclose the Report to those third-parties authorized by you.

You understand that by providing your Sample and having your Sample and information processed does not grant you any rights in any research or commercial products that may be developed by Fern DNA or the Third-Party Lab.

You understand that once your Sample is submitted and analyzed, it is processed in an irreversible manner and cannot be returned to you. Any information derived from your Sample remains your information, subject to these Terms and our Privacy Policy.

Letter Mail. When you send your Sample to our Third-Party Lab, it will be via pre-paid letter mail. You acknowledge that any delivery via letter mail bears the inherent risk that your Sample may be lost in the mail and not delivered. If this happens, please contact us at info@ferndna.com, and we will work with you to provide a resolution on a case-by-case basis.

Processing Delays. While the Third-Party Lab will use best efforts to process your Sample within the approximate time as prescribed in the FAQ section of the Fern Website, you acknowledge that this is an approximate timeline only, and that there may be processing delays, due to, without limitation, statutory holidays, time of year, labour shortage, resource/reagent shortage, etc.

Technical Limitations of Web Components. We will make reasonable efforts to keep the Web Components (hereinafter defined) operational but technical difficulties and/or ongoing maintenance may result in temporary interruptions to the Web Components. We reserve the right, at any time, to modify, suspend, or discontinue the Web Components at any time, with or without notice.

Refund Policy. Our refund policy can be found here https://ferndna.com/refund-policy/ and is incorporated into these Terms by reference.

No Guarantees. Fern DNA makes no warranty of any kind, either express or implied, by fact or law, other
than those expressly set forth in these Terms. In particular, but without limitation, Fern DNA makes no
representation or warranty concern whether you will be subjectively or objectively satisfied with the Test,
whether the Test will generate a certain health or fertility outcome, or whether you will be successful in


Third-Party Lab. We work closely with a third-party lab service provider to provide you with certain aspects of the Test (the “Third-Party Lab”). As of the current date of this Privacy Policy, the Third-Party Lab is DNALabs Canada Inc. The Third-Party Lab (i) receives and collects your Sample and Information Form; (ii) processes your Sample for the purpose of providing to you your Report; and (iii) operates and provides to you the Web Portal (collectively, the “Lab Services”).

Processing Limitations. You agree and acknowledge that the Third-Party Lab may not be able to process your Sample or the processing may result in errors. For example, your Sample may not contain a sufficient volume of DNA if you do not provide enough saliva, or the results of processing do not meet the Third-Party Lab’s standards for accuracy (“Errors”). In such cases, we will reach out to you directly for resolution on a case-by-case basis. As well, even for Sample Processing that meets the Third-Party Lab’s standards for accuracy, there may still be a small amount of data generated that cannot be interpreted or incorrect (“Artifacts”). Such Artifacts are inherent to the laboratory testing process and shall not be considered Errors.


The information and content provided on the Web Components or our social media accounts (“Information”), including but not limited to website content, articles, opinions, and views, is provided for educational information purposes only. It is not designed or intended to constitute medical advice or to be used for diagnosis. Due to unique individual needs, you should book an appointment with your Health Care Providers determine the appropriateness of the Information for your specific situation and before making any decision regarding treatment or medication. Online resources are not a substitute for the personalized judgment and care of a trained Health Care Provider.

Any Information created by us is believed to be reliable when posted and may be changed from time to time without notice. You assume full responsibility for the use of the Information and rely on it at your own risk. The Information is supplied “AS IS” and may contain typographical or other errors. Certain portions of the Information may have been contributed by other persons and should not be assumed to have been reviewed or endorsed by us. Fern DNA does not guarantee or warrant the quality, accuracy, completeness, timeliness, appropriateness, or suitability of the Information. We also expressly disclaim all warranties, representations, and conditions regarding the use of the Web Components or the Information. We assume no obligation to update the Information or advise on further developments concerning the topics mentioned. Neither Fern DNA nor the contributors of any Information are responsible for any damages whatsoever, arising out of or in connection with the use of the Web Components or your reliance on the Information, whether in contract (including fundamental breach), tort (including negligence), or otherwise.

Reference to, or mention of, specific products, processes, or services do not constitute or imply a recommendation or endorsement by us.

Any links we provide to other websites are provided only as references to help you identify and locate other internet resources that may be of interest. These other websites were independently developed by parties other than Fern DNA and we do not assume responsibility for the accuracy or appropriateness of the information contained, or endorse the viewpoints expressed, at those other websites. Your use of any third-party website is at your own risk and is subject to the terms of use of that website.


Creating an Account. There are 3 types of accounts that you may be required to create:

  • An account when you order a Kit via the Fern Website;
  • An account to access your Report via the Web Portal; and
  • An account when you book your Genetic Consultation appointment.

(collectively referred to as “Accounts”)

When you create an Account, you agree to provide accurate information. You also agree that you will:

  • Always use a valid email address that belongs to you;
  • Keep your password safe and do not share your password with anyone else;
  • Accept all risks of unauthorized access to your Account;
  • Keep all Account information up to date at all times;
  • Be responsible for all activity linked to your Account;
  • Not leave your computer, tablet or mobile device unattended.;
  • Log out of your Account whenever you are not using it.
  • When using your Account in a public space, be aware of your surroundings and ensure that no one is looking over your shoulder.
  • Not share your Account with anyone else.
  • Immediately notify us of any unauthorized use of your Account, login email and password or any other breach of security.

Account Approval. After you create an Account, your Account is approved in our sole and absolute discretion and such approval may be withdrawn at any time in our sole and absolute discretion with or without notification.


Subject to Terms of Third-Party Service Providers. You acknowledge that in order to provide you with certain web components of the Test, including but not limited to the Fern Website, the Web Portal and the website from which you can book your Genetic Consultation (“Web Components”), we rely on best-in-class third-party service providers (“Third-Party Service Providers”). Such Web Components are subject to the terms, conditions and privacy policies of those Third-Party Service Providers. In short, we cannot promise you more than what our Third-Party Service Providers have promised us. If you would like to know which Third-Party Service Providers we rely on for the Web Components, please send us an email at info@ferndna.com

Resolving Issues with Web Components. We will use commercially reasonable efforts to ensure that we are able to provide all aspects of the Web Components at all times, but you must acknowledge that the Web Components are not within our direct control. We will also use best efforts to resolve any issues with our Third-Party Service Providers, but ultimately, you acknowledge that we are not responsible for and we do not warrant the availability, suitability, quality, timeliness or condition of the Web Components, and that you accept the Test on an as-is basis.

Jurisdiction of Third-Party Service Providers. Unless otherwise specified in our Privacy Policy, due to the nature of our Third-Party Service Providers on which we rely, any information or data transmitted through the Web Components may be transmitted through or stored in jurisdictions other than Canada, over which we have no direct control and which may have local legislation that applies. While we are using best-in-class Third-Party Service Providers and we have made best efforts to ensure that such service providers treat your data in ways that would be similar to how we would treat your data, you acknowledge that we ultimately have no control over such service providers and therefore, you acknowledge that we shall have no liability for any acts or omissions of our Third-Party Service Providers and the data that is transmitted through or stored by them.

Liability Disclaimer. You hereby release us from all liability arising from any acts or omissions of our Third-Party Service Providers and the data that is transmitted through or stored by them.


Unacceptable Uses. You must not:

  • Use the Test in a way prohibited by law, regulation, governmental order or decree;
  • Use the Test to violate the rights of others;
  • Impersonate any person or entity;
  • Use the Test to harm minors in any way;
  • Use any information received through the Test to attempt to identify other Users, to contact other Users, or for forensic use;
  • Use the Test in a way that could harm Fern DNA, the Third-Party Lab or impair anyone’s use of the Test, including the use of any type of bot, virus, worm, or any other malicious code or instructions that are used to provide a means of surreptitious or unauthorized use of the Web Components or damage the Web Components;
  • Use the Test for any illicit, obscene, abusive, violent, threatening purpose;
  • Use the Test for any high-risk, inherently dangerous, time-sensitive or mission critical purposes;
  • Use the Test in a way that it is not intended to be used, including placing an unreasonable load on the Fern DNA or Third-Party Lab infrastructure;
  • Use the Test for the purpose of product benchmarking or other comparative analysis intended for publication without our written consent;
  • Use the Test to develop or enhance any products or services, or any other derivative works without our prior written consent;
  • Crawl or scrape the Web Components;
  • Reverse engineer, decompile or disassemble the Web Components;
  • Use the Test to stalk or otherwise harass, threaten, or defame Fern DNA, the Third-Party Lab other Users, or any other person or entity;
  • Use the Test in a way that is harmful, fraudulent, obscene or otherwise objectionable;
  • Jeopardize the security of your Account or anyone else’s including allowing someone else to log in to your Account;
  • Attempt, in any manner, to obtain the password, account or other security information of any other User;
  • Violate the security of any computer network or crack any passwords or security encryption codes;
  • Attempt to probe, scan or test the vulnerability of any the Web Components, our server or network or breach any security or authentication measures;
  • Assist any other party, directly or indirectly in performing those foregoing acts described above in (i) to (xix).

Compliance with Laws. Your use of the Test is subject to all applicable local, provincial, federal and international laws and regulations (including, without limitation those laws governing data collection, export control, consumer protection, unfair competition, anti-discrimination, false advertising, criminal laws, etc.)

Prohibitions on Information Entered. Throughout your use of the Web Components, you will be prompted to enter various information (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas. While using the Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish any of the following:

  • Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, provincial national or international law;
  • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party;
  • Unsolicited promotions, political campaigning, advertising or solicitations;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, credit card numbers, unless expressly permitted by such third party;
  • Viruses, corrupted data or other harmful, disruptive or destructive files;
  • Content used to probe, scan or test the vulnerability of the Web Components, our servers, or service providers or our network; and
  • Content that is unrelated to the topic of the Interactive Areas in which such content is posted.

Violation of the Terms. You agree that if you violate the Terms, Fern DNA may, in its sole discretion and without prior notice, terminate your access to the Test or any component thereof.


Test License Grant. We grant you a limited, non-exclusive, non-transferable and revocable license to use the Test. Unless otherwise specified in writing, you may not resell, lease or provide the Test or any component thereof in any way to anyone else.

License Grant for Linking. You are granted a limited, non-exclusive right to create a text hyperlink to the Fern Website, provided that such link does not portray us, or Fern DNA in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use our logo or other proprietary graphic of ours to link to the Fern Website without the express written permission by us.

Reservation of Rights in Proprietary Materials. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ours or any third party.

The Test, including, without limitation, the Kit components, content, metadata, design, organization, compilation, look and feel, the source, object, code and software (with the exception of licensed components) and all other protectable intellectual property available through and comprising the Test (the “Proprietary Materials”) are the property of Fern DNA, the Third-Party Lab or our Third-Party Service Providers and are protected by copyright and other intellectual property laws. Our rights in such Proprietary Materials are expressly reserved.

You may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone, unless with our written consent. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from the Web Components to other websites, blogs, forums, etc. unless with our written consent.

Trademarks. Fern DNA’s logo and all other product and service names, slogans or logos displayed on the Web Components or Kit components are registered and/or common law trade-marks of Fern DNA, the Third-Party Lab or our Third-Party Service Providers and may not be copied, imitated or used, in whole or in part, without the prior written permission by us. In addition, the look and feel of the Web Components and Kit components, including all icons, user interface and user experience elements, custom graphics and scripts may not be imitated, used or copied in whole or in part, without the prior written permission by us.

If Intellectual Property Rights Violated. Any violation of our intellectual property rights may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.


Your access and use of the Test is at your own risk. The Test is provided to you on an “as-is” and “as-available” basis without warranties from Fern DNA or the Third-Party Lab of any kind, either express or implied. Fern DNA expressly disclaims all representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability, fitness for a particular purpose, title and non-infringement. Fern DNA expressly disclaims all representations and warranties about the accuracy, completeness, timeliness or efficacy of the Test and its components and assumes no liability or responsibility to you for any errors, mistakes, or inaccuracies in the Test or its components. If any applicable authority holds any portion of this section to be unenforceable, then Fern DNA’s liability and responsibility will be limited to the extent permitted by law.


You agree to defend and hold Fern DNA, the Third-Party Lab, and their subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Test; your connection to the Web Components; your violation of the Terms; or your violation of any rights of another.

If you have submitted a Sample or otherwise provided your own information, you will defend and hold harmless Fern DNA and the Third-Party Lab and their employees, contractors, successors, and assignees from any liability arising out of the use or disclosure of any information obtained from analyzing your sample and/or analyzing your information, which is disclosed to you consistent with our Privacy Policy. In addition, if you choose to provide your information to third parties – whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes – you agree to defend and hold harmless Fern DNA and the Third-Party Lab and their employees, contractors, successors, and assignees from any and all liability arising from such disclosure or use of your information.


In no event will Fern DNA, the Third-Party Lab and their respective agents, employees, shareholders, officers, directors, contractors, legal advisors (“Representatives”), parent companies, affiliates, subsidiaries, and each of its Representatives, be liable in any manner whatsoever for any damages of any kind, including but not limited to indirect, incidental, consequential, special or punitive damages arising out of:

  • Your access, use or inability to use the Test;
  • Your use of any content in the Web Components;
  • Late, lost, delayed, damaged, misdirected or otherwise, electronic correspondence;
  • Lost, delayed or damaged Samples;
  • Any condition caused by events beyond the control of Fern DNA that may cause the Test or its components to be disrupted or otherwise;
  • Any printing, human, typographical or other errors or ambiguities in or involving any online or printed materials associated with the Test;
  • Any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure (including damages that result from inaccuracy of the information, inconvenience, delay, or loss of the use of the Test or its components);
  • Personal injury or property damage, of any nature whatsoever resulting from your use of the Test;
  • Any unauthorized access to or use of our secure servers and/or any and all information stored therein;
  • Any bugs, viruses, trojan horses, or the like which may be transmitted to our through the Web Components by any third party;
  • The cost of procurement of substitute goods and services resulting from your use of the Test or its components; and
  • Your conduct, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from your use of any information or advice provided by the Report or the Genetic Consultation.

In no event shall Fern DNA’s total liability to you for any and all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to Fern DNA. If any portion of this Limitation of Liability is found to be invalid, Fern DNA’s liability shall be limited to the extent permitted by applicable law.


Notice Methods. We may provide notices to you in the following ways:

  • By email to the email address specified on any of your Account profiles;
  • By calling the telephone number specified on any of your Account profiles;
  • By sending you an SMS text message to the cell phone number specified on any of your Account profiles.

Content of Notices. The notices we provide to you will consist of information regarding the Test that is specifically applicable to you or any notices related to privacy, security or consents, etc. (“Administrative Messages”)

For other messages and information related to Fern DNA, other than Administrative Messages (such as news, specials and promotions), you will only receive these messages if you expressly opt-in to consent to receive these other types of information from us. In addition, at any point in time after you opt-in, you will have the opportunity to opt-out of receiving such messages.


Governing Law. The Test is controlled by Fern DNA and operated by it from its offices in Toronto, Canada. Both you and Fern DNA agree that both parties will benefit from establishing a predictable legal environment with regards to the Test. Therefore, you and Fern DNA explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Test will be governed by the laws of Ontario and Canada.

Waiver of Future Class Action. Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Fern DNA related to any claim, and where applicable, you also agree to opt out of any class proceedings against Fern DNA.


“Feedback” includes, without limitation, bug reporting, feedback, ideas or suggestions relating to Fern DNA, any new or improved features, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotion. We have no obligation to review any Feedback nor do we have any obligation to keep any Feedback confidential. If you do send us any Feedback, Fern DNA will automatically own such Feedback without restriction, and we will not acknowledge or compensate you. If you wish to preserve any interest you might have in your Feedback, you should not send them to us.


Electronic Contracting. You consent to enter into agreements with us electronically.

Amendment. No amendments, modifications or waivers to these Terms shall be valid unless in writing and signed by all Parties.

Severability. If any part of these Terms is considered invalid for whatever reason, the remaining parts of these Terms will still be considered valid and enforceable.

Force majeure. We shall not be liable for any delay or failure in performance of our obligations to you by reason of occurrence or contingency beyond our reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements or action or other events that are beyond our reasonable control.

Entire Agreement. These Terms, and the Privacy Policy, and any other terms expressly incorporated herein, represents the entire Agreement between you and us, and overrules any previous communications, understandings, etc.

Questions and Comments. If you have any questions regarding these Terms or your use of the Test, please contact us at info@ferndna.com

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