Last modified: May 20, 2025
Effective Date: May 20, 2025
We have revised these Terms. This summary is intended to briefly explain the changes made and help you understand how these changes may affect you. We encourage you to review the modified Terms of Service in full to understand the terms that will govern your use of our Services (as defined below). We have made changes:
Welcome to FamilyTreeDNA! FamilyTreeDNA (“we,” “us,” or “our,”) is an online genealogy service that lets its customers trace their ancestry, build a family tree, make and share family discoveries, and connect with relatives. Our services and this website are owned and operated by Gene by Gene, Ltd. with a principal place of business located at 1445 N Loop W, Houston, TX 77008.
The following terms and conditions (“Terms”) govern your use of FamilyTreeDNA’s products, services, software, platform, and https://www.familytreedna.com/ (the “Website”) whether as a guest or a registered account user (“User” or “Customer”), including, without limitation, (i) submission of your DNA sample for analysis, processing, and storage; (ii) uploading your genetic results from another genetic testing company; (iii) accessing and interacting with genetic genealogy results and wellness reports; and (iv) downloading your raw genetic data. If any new features are added to the Services in the future, such features will also be subject to these Terms (with the Website collectively, the “Services”).
These Terms incorporate by reference other policies and rules that apply to the Services, including our Privacy Statement. We encourage you to read these Terms and other policies carefully to understand your rights and the rules that govern your use of the Services. By using the Services, you accept and agree to enter into a binding contract with us and abide by these Terms. If you do not agree to these Terms or any of our other policies, then please do not use the Services. You may delete your account at any time by contacting Customer Service. Please contact us if you have questions about these Terms or our Services.
We may revise and update these Terms occasionally at our sole discretion. All changes shall be effective immediately once published on our Website. If we make a material change, we will notify you by posting a notice on our Website or sending a notice to the primary email address associated with your account. Your continued use of the Services following the posting of revised Terms shall mean that you accept and agree to such changes.
FamilyTreeDNA provides the option to participate in one or more Group Projects. By joining a Group Project, you are agreeing to participate and consenting to provide your personal information to Group Projects Administrators. Please read Group Project Participation Informed Consent for specific information related to Group Projects.
FamilyTreeDNA may, in limited circumstances and only with your express consent, permit the Services to be used for investigative genetic genealogy (“IGG”) matching. Please refer to our Law Enforcement Guide, which applies in addition to these Terms.
For U.S. customers and U.S. individuals: This Agreement includes arbitration and class action waiver provisions that waive your right to a court hearing, right to a jury trial, and right to participate in a class action. Arbitration is mandatory and is the exclusive remedy for any and all disputes unless specified below. These provisions form an essential basis for our Agreement.
By creating an account or using the Services, you represent and warrant that:
A core aspect of the Services is to use DNA testing to determine your ancestry and to allow you to connect with DNA relatives found in our database. As such, FamilyTreeDNA allows you, as a registered account User, to post, submit, publish, display, or transmit to other Users (“post”) content or materials (collectively, “User Content”) on or through forums, profiles, bulletin boards, and other interactive features on the Website. You may use the Services and Website only for lawful purposes and in accordance with these Terms. By providing any User Content, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assignees the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Content according to your account settings.
You understand and acknowledge that you are responsible for any User Content you submit or contribute and must refrain from posting any illegal or inappropriate content. We do not monitor or review material before it is posted on the Website, but we reserve the right to remove any User Content that breaches these Terms at our sole discretion. We are not responsible or liable to any third party for the content or the accuracy of any User Content posted by you or any other User of the Website.
You represent and warrant that you will not, by way of example and without limitation, post User Content that:
Additionally, you agree not to:
These Terms permit you to use the Website and Services for your personal, non-commercial, use only. You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website. Except with our express prior written consent or as otherwise permitted under these Terms, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website nor systematically download any data or material from or through the Website for any purpose, such as to make or populate another database. Except with our express prior written consent, reselling any FamilyTreeDNA products (including, without limitation, FamilyTreeDNA test kits) is strictly prohibited.
To access certain Services offered through the Website, you may need to register an account. If you choose or are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that, once created, your account is personal to you and agree not to provide any other person with access to your account or portions of it using your kit number, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any kit number, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, including if, in our opinion, you have violated any provision of these Terms.
Depending on your account settings, once uploaded or posted, User Content may be viewable or accessible by other Users. You acknowledge and agree that other Users may access your family tree and may modify or otherwise amend your family tree. Information that you post will be displayed and is available for others to search or view.
We reserve the right to: (i) remove or refuse to post any User Content for any or no reason in our sole discretion or otherwise take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms; (ii) take appropriate legal action, including without limitation, referral to Law Enforcement, for any illegal or unauthorized use of the Website or Services; (iii) terminate or suspend your access to all or part of the Website for any reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any Law Enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS FAMILYTREEDNA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FAMILYTREEDNA DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER FAMILYTREEDNA OR LAW ENFORCEMENT AUTHORITIES.
The Services are intended to provide you with information about your ancestry and ethnicity and other tools and insights that allow you to learn more about your DNA, in each case, for your personal use. As such, the Services include ordering FamilyTreeDNA’s test kits, the processing, handling and use of your DNA Sample, and the results, reports, and data resulting therefrom or submitted by you.
Use of the Services is void where prohibited. To register a FamilyTreeDNA test kit or to access and use the Services, you will be asked to create an account on the Website and will need to provide certain registration details and other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. All Personal Information we collect through your use of the Services is subject to our Privacy Statement.
We acknowledge that you own your Genetic Data, including your DNA Sample. By submitting a DNA Sample to us, you give FamilyTreeDNA permission to: (i) extract the DNA from your DNA Sample; (ii) perform genetic analysis of the DNA using methods available now or developed in the future; (iii) disclose the results of the applicable analysis performed to you (“Genetic Results”) and/or to others whom you authorize, and to allow you to download your Genetic Results (“Raw DNA Data,” and collectively with your DNA Sample, “Genetic Data”), in each case subject to and in accordance with this Agreement and Privacy Statement. With your additional consent, we will store your DNA Sample for further genetic testing at your request (for example, we may be able to provide additional Genetic Results or Genetic Data and other insights through further genetic testing, subject to your explicit approval). You hereby release FamilyTreeDNA from any and all claims, liens, demands, actions, or suits in connection with your DNA Sample, Genetic Results and/or Genetic Data, including, without limitation, errors, omissions, claims involving defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This section will survive even if you stop using the Services. In addition, you acknowledge that by providing your DNA Sample and/or Genetic Results, you acquire no rights in any research or products that may be developed by FamilyTreeDNA that may relate to your DNA. You understand that you will not receive compensation for any research or commercial products that include or result from your information.
You understand and agree that in the event that you download your Raw DNA Data: (i) such downloaded copy is or will no longer be protected by FamilyTreeDNA; (ii) such downloaded and locally stored copy of your Raw DNA Data shall be downloaded and stored at your own risk; (iii) FamilyTreeDNA will not have any control over such Raw DNA Data and shall not be liable to you or to any third party in connection with such Raw DNA Data; and (iv) your Raw DNA Data should not be used for medical, diagnostic, paternity or other testing purposes. We will, upon your request, destroy your DNA Sample and/or delete your Genetic Data; please refer to the step-by-step instructions provided in the Privacy Statement. Genetic information shared with others could be used against your interests and therefore, you should exercise caution when sharing it with others.
You understand that when using our Services, you may uncover unforeseen information about yourself or your family. Additionally, you may encounter content that you deem offensive, inaccurate, or objectionable. Despite potential strong emotional reactions, both on your part and among those with whom you share these findings, you explicitly acknowledge and accept all associated risks with using the Services. FamilyTreeDNA shall not be held responsible for any social, emotional, or legal repercussions arising from such discoveries or encounters.
We run and operate our own CLIA certified lab at our headquarters in Houston, Texas, where we place great attention on quality. From time to time, and on rare occasions, the laboratory may not be able to process your DNA Sample or the laboratory process may result in errors. Your DNA Sample may not be processed if your sample does not contain sufficient DNA or saliva or if your sample is contaminated. Please see our Order Modifications & Refund Policy for information on how we re-process failed DNA Samples and our policy on refunding or reprocessing such samples at no charge. Please contact Customer Service if you believe your DNA Sample was misidentified.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FAMILYTREEDNA BE LIABLE FOR ANY IMPLICATIONS OR ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES. FAMILYTREEDNA HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH REGARD TO ANY IMPLICATIONS OR ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE GENETIC RESULTS, GENETIC DATA OR AS TO THEIR ACCURACY, COMPLETENESS, RELIABILITY, COMPREHENSIVENESS, QUALITY, ERROR-FREE, COMPATIBILITY, SECURITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Other than User Content, all features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement contained on or within the Services (“FamilyTreeDNA Content”) is owned, controlled or licensed by FamilyTreeDNA and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Subject to compliance with these Terms, FamilyTreeDNA grants you a limited license to copy and distribute, free of charge, your Raw DNA Data and similar materials purposely made available by FamilyTreeDNA for downloading from the Website, provided that you do not: (i) remove any proprietary notice on all such documents; (ii) post such information on any networked computer or broadcast it in any media; (iii) make modifications to any such information; (iv) make any additional representations or warranties relating to such copies or materials; and (v) use such materials for any non-personal, commercial purpose.
The FamilyTreeDNA name, the FamilyTreeDNA logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FamilyTreeDNA, its affiliates, or licensors. You must not use such marks without the prior written permission of FamilyTreeDNA. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website, including any User Content, infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. It is the policy of FamilyTreeDNA to terminate the user accounts of repeat infringers.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
FamilyTreeDNA Customer Service
1445 N Loop West
Suite 820
Houston, TX 77008
+1.713.868.1438
privacy@genebygene.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website infringes your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials and all articles and responses to questions and other content, other than the content provided by FamilyTreeDNA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of FamilyTreeDNA. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
You agree to indemnify and hold harmless FamilyTreeDNA (and if requested by FamilyTreeDNA, defend), its affiliates, licensors, licensees, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, licensees, suppliers, successors, and assignees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) made by any third party arising out of or relating to your violation of these Terms or violation of any rights of another, your use of the Services, including, but not limited to your User Content, any use of the Services and/or FamilyTreeDNA products other than as expressly authorized in these Terms.
If you have submitted a DNA Sample or otherwise provided your own information, you will indemnify and hold harmless FamilyTreeDNA (and if requested by FamilyTreeDNA, defend), its employees, contractors, successors, and assignees from any liability arising out of the use or disclosure of any genetic data obtained from analyzing your sample and/or analyzing your data, which is disclosed to you consistent with our Privacy Statement or results from any third-party add-on tools we provide. In addition, if you provide your information to third parties, including 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 FamilyTreeDNA, its employees, contractors, successors, and assignees from any and all liability arising from such disclosure or use of your data.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAMILYTREEDNA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (2) FAMILYTREEDNA MAKES NO WARRANTY THAT: (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (3) ANY RAW DATA OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY SUCH MATERIAL; (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FAMILYTREEDNA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND SHALL NOT BE RELIED UPON AS MEDICAL ADVICE;. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. FAMILYTREEDNA DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, FAMILYTREEDNA SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FAMILYTREEDNA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES ARISING OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SERVICES, (iii) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS THEREOF; (v) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (vi) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, AND IN EACH CASE (i) – (vi), WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF APPLICABLE LAW DOES NOT ALLOW THE FOREGOING DISCLAIMER OF ALL DAMAGES, IN NO EVENT WILL FAMILYTREEDNA’S LIABILITY TO YOU EXCEED THE AMOUNTS YOU HAVE PAID TO USE THE SERVICES. THE FOREGOING EXCLUSIONS AND LIMITS OF LIABILITY APPLY EVEN IF REMAINING REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Subject to paragraphs 14-24, all matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Houston and County of Harris, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
This arbitration and class action waiver provision applies to all customers and individuals located in the United States and its territories. Please read this arbitration provision carefully to understand your rights. Except where prohibited by governing law, you and FamilyTreeDNA agree that any Claim that may arise by you against FamilyTreeDNA or vice versa must be resolved through final and binding individual, confidential arbitration. Except as provided herein, you and FamilyTreeDNA both agree that you and FamilyTreeDNA are waiving the right to a trial by jury. The rights that would have been had by going to court, such as discovery or the right to appeal, may be more limited or may not exist. You agree that you may only bring a claim in your individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding. You further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.
Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute, actions, or controversies between you, FamilyTreeDNA, or any involved third party relating to your account, the Website or Service, your relationship with FamilyTreeDNA, communications from or with FamilyTreeDNA, this Agreement (including those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of the Terms and this arbitration agreement), the Privacy Policy, the DNA Informed Consent, and any documents or agreements incorporated by reference in any of the foregoing. You, FamilyTreeDNA, or any involved third party may pursue a Claim. Except as otherwise provided herein, should FamilyTreeDNA have any Claims against you, it agrees to resolve such Claims exclusively through final and binding individual, confidential arbitration. Likewise, except as otherwise provided herein, should you have any Claims against FamilyTreeDNA, you agree to resolve such Claims exclusively through final and binding individual, confidential arbitration. By agreeing to arbitrate, you waive the right to go to court and agree instead to resolve any Claims exclusively through final and binding individual, confidential arbitration. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended. You agree that this Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods and that any and all Claims shall be subject to the terms of this provision.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and FamilyTreeDNA both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class and non-representative) basis. FamilyTreeDNA will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court on an individual basis. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the courts located in Harris County, Texas: (i) infringement or validity of our intellectual property rights or the intellectual property rights of a third party; or (ii) an action by FamilyTreeDNA for injunctive or other provisional relief for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “16” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide or representative arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection 16, the parties consent to exclusive jurisdiction and venue in the courts located in Harris County, Texas, and forever waive any challenge to said courts’ jurisdiction and venue.
Before initiating any Claim against the other, you and FamilyTreeDNA agree to first contact each other with a written notice of the dispute, stating the name, address, and contact information of the party giving notice; the facts giving rise to the Claim; and the relief requested, and including all relevant documents and information. You may send the written notice of dispute by e-mail to legaldepartment@FamilyTreeDNA.com or by writing to FamilyTreeDNA 1445 North Loop West, Suite 820, Houston, TX 77008, by courier or registered mail. FamilyTreeDNA will contact you by letter at the billing address you provided to us or at the email address you provided to us. If the dispute is not resolved within 60 days after receipt of the written description of the dispute, you and FamilyTreeDNA agree that all Claims shall be resolved exclusively through the dispute resolution provisions below.
You and FamilyTreeDNA agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
The arbitration may be conducted by telephone (or other remote means) or by written submissions in Harris County, Texas, in the city or county where you reside, or another forum mutually agreed upon by you and FamilyTreeDNA.
All Claims other than those exempted under subsection 16, above shall be submitted to final and binding individual, confidential arbitration before a single arbitrator of AAA (American Arbitration Association. The arbitration will be conducted in accordance with these Terms and this arbitration agreement and the provisions of AAA’s Consumer Arbitration Rules, AAA’s Mass Arbitration Supplementary Rules and any supplemental rules and fee schedules in effect at the time of submission of the demand for arbitration and as applicable (the “AAA Rules”). The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the AAA Rules. The AAA Rules are available at https://www.adr.org/Rules or by calling 1-800-448-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, formation, or enforceability of this Agreement, the Privacy Policy, the DNA Informed Consent, any documents or agreements incorporated by reference in any of the foregoing, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine all threshold arbitrability issues, including whether any Claim is arbitrable and whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or FamilyTreeDNA. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. For individual, non-mass arbitrations, FamilyTreeDNA will pay the fees charged by the arbitrator for Claims totaling less than $750, unless the arbitrator determines the Claims are frivolous, in which case, FamilyTreeDNA reserves the right to seek reimbursement from you for any arbitrator fees paid. Likewise, FamilyTreeDNA will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the Claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. The arbitrator shall follow the substantive law of the State of Texas without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This provision survives termination of your account or relationship with FamilyTreeDNA, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void, and you and FamilyTreeDNA shall be deemed not to have agreed to arbitrate Claims. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
FamilyTreeDNA reserves the right to amend this arbitration provision at any time. Your continued use of the Website and/or Service is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, FamilyTreeDNA will provide you notice and an opportunity to opt-out. Your continued use of the Website and/or Service is affirmation of your consent to such material changes.
After the required pre-dispute resolution procedures in subsection “16” above are exhausted, and to increase efficiency of resolution, in the event 25 or more similar arbitration demands against FamilyTreeDNA are filed by or with the assistance or involvement of the same or coordinated law firm(s) or organization(s) (“Mass Arbitration”), you and we agree that such Mass Arbitration shall be governed by the AAA Rules in effect when the Mass Arbitration is filed or coordinated, excluding any rules that permit arbitration on a class-wide or other representative basis, and under the rules set forth in these Terms and this arbitration agreement. You and we agree that the Mass Arbitration shall be resolved using AAA’s Mass Arbitration Supplementary Rules, available at https://www.adr.org/sites/default/files/Mass-Arbitration-Supplementary-Rules.pdf. The individual demands comprising the Mass Arbitration shall be submitted as directed by AAA. Pending resolution of any dispute concerning the administration of the Mass Arbitration by AAA, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. Disagreements over the applicability of this Mass Arbitration process will be settled in a single, consolidated arbitration proceeding before AAA that includes all affected parties and will be resolved by a single arbitrator subject to the requirements of this section. Notwithstanding any provision in these Terms to the contrary, any Mass Arbitration shall take place in Harris County, Texas or, if the parties prefer, by video conference or other remote means. The parties may also agree to conduct arbitration based on written submissions alone. If for any reason the provisions in this subsection “23” are found to be unenforceable, or if for any reason AAA is unable to administer the Mass Arbitration, then the disputes comprising the Mass Arbitration shall be administered by ADR Services, Inc. (“ADR Services”) consistent with the provisions of this arbitration agreement and these Terms and in accordance with ADR Services’ rules and procedures, including any supplementary rules and fee schedules then in effect. ADR Services’ rules are available at https://www.adrservices.com/services-2/arbitration-rules/.
In the event that 25 or more Mass Arbitration demands are allowed to be submitted for arbitration, AAA or ADR Services, as applicable, shall: (i) administer the arbitration demands in 25 batches, with the discretion to create additional batches to facilitate the efficient resolution of demands; and (ii) apply a single set of applicable arbitration fees per batch for each side as set forth in the applicable fee schedule governing mass arbitrations. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of claims. Notwithstanding the foregoing, FamilyTreeDNA reserves all rights and defenses as to each and any Claim and claimant.
You have the right to opt out of this arbitration provision as follows: (a) if you signed up to FamilyTreeDNA after January 1, 2025 (the “Arbitration Effective Date”), then you have 30 days from the date you signed up to opt out; or (b) if you signed up to FamilyTreeDNA before or on the Arbitration Effective Date, then you have 30 days from the Arbitration Effective Date to opt out, as FamilyTreeDNA will attempt to inform you by email within 10 days of the Arbitration Effective Date about the changes in this Agreement that include the arbitration provision. To opt out of the arbitration provision, write to us by sending an e-mail with the subject of “Arbitration Opt-Out” to opt-out@FamilyTreeDNA.com, or via courier or registered mail at FamilyTreeDNA Ltd., 1445 North Loop West, Suite 820, Houston, TX 77008, with the notation “Arbitration Opt-Out”. When opting out, it is required to provide your account ID or the email address you used to sign up to FamilyTreeDNA. If you do not opt out within the timeframes designated in this subsection 24, you are not eligible to opt out of this provision and must pursue your claim through individual binding arbitration, except as set forth above. If you opt out of the arbitration provision, all other parts of these Terms will continue to apply. Opting out of this arbitration provision has no effect on any previous, other, or future arbitration agreements that you may have with FamilyTreeDNA.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by FamilyTreeDNA of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of FamilyTreeDNA to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms and our Privacy Statement and any applicable express consent throughout the use of our Services constitute the sole and entire agreement between you and FamilyTreeDNA regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
All feedback, comments, requests for technical support, and other communications relating to the Services should be submitted to our Customer Support team via the following link: https://www.familytreedna.com/contact.
Read the previous version of this document. Last updated May 20, 2025