AncestryScan

Terms of Service

Last Updated: January 30, 2026

Welcome to AncestryScan. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and XYK LLC, a Washington limited liability company ("XYK," "we," "us," or "our"), governing your access to and use of the AncestryScan mobile application and related services (collectively, the "Services").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

1. Description of Services

1.1 What AncestryScan Does

AncestryScan is a mobile application that uses artificial intelligence and machine learning to analyze facial photographs and provide estimated ancestry composition, phenotype matching, and heritage insights. The Services include:

  • Facial Analysis: AI-powered analysis of facial features and characteristics
  • Ancestry Estimation: Algorithmic estimates of geographic and ethnic ancestry based on phenotypic markers
  • Phenotype Matching: Comparison of facial features against anthropological phenotype classifications
  • Heritage Insights: Educational content about ancestry, heritage traits, and global populations

1.2 Entertainment and Educational Purpose

THE SERVICES ARE PROVIDED FOR ENTERTAINMENT AND EDUCATIONAL PURPOSES ONLY. The ancestry estimates, phenotype matches, and heritage information provided by AncestryScan are:

  • NOT genetic tests or DNA analysis
  • NOT scientifically or medically validated
  • NOT suitable for legal, medical, or official purposes
  • NOT determinative of race, ethnicity, nationality, or citizenship
  • NOT a substitute for professional genealogical research or genetic testing
  • Generated by AI systems that are imperfect and can make mistakes
  • Subject to change as AI models are updated — the same photo may produce different results over time

The results are algorithmic estimates based on visual analysis of facial features and should be understood as approximations that may not reflect your actual genetic ancestry.

1.3 Accuracy Limitations

Ancestry estimation based on facial features has inherent limitations. Results may be affected by:

  • Photo quality, lighting, and angles
  • Makeup, accessories, or facial modifications
  • The complexity and diversity of human genetics
  • Historical population movements and intermixing
  • Limitations of AI and machine learning technology

We do not guarantee the accuracy, completeness, or reliability of any ancestry estimates or other results provided through the Services.

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least 17 years of age to use the Services. If you are between 17 and 18 years of age (or the age of majority in your jurisdiction), you must have permission from a parent or legal guardian to use the Services.

The Services are not intended for children under 17 years of age. We do not knowingly collect personal information from children under 17.

2.2 Account Creation

To access certain features of the Services, you may create an account using:

  • Apple Sign-In
  • Google Sign-In
  • Guest access (limited features)

You agree to:

  • Provide accurate and complete information
  • Maintain the security of your account credentials
  • Promptly notify us of any unauthorized access
  • Accept responsibility for all activities under your account

2.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause, with or without notice. You may delete your account at any time through the App settings.

3. User Conduct and Content

3.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Upload images of anyone other than yourself without their explicit consent
  • Upload images of minors (persons under 18 years of age)
  • Upload sexually explicit, obscene, or pornographic content
  • Upload violent, threatening, or hateful content
  • Use the Services to harass, abuse, or harm others
  • Attempt to circumvent security measures or access restrictions
  • Use automated systems, bots, or scrapers to access the Services
  • Reverse engineer, decompile, or disassemble the Services
  • Use the Services for any illegal or unauthorized purpose
  • Interfere with or disrupt the Services or servers
  • Impersonate any person or entity
  • Violate any applicable laws or regulations

3.2 Photo Requirements

When uploading photos for analysis, you must ensure:

  • You have the right to use and submit the photo
  • The photo is of yourself or you have explicit consent from the person depicted
  • The person in the photo is at least 18 years of age
  • The photo does not contain inappropriate or illegal content

3.3 Content Ownership

You retain ownership of photos you upload. By uploading a photo, you grant us a limited, non-exclusive license to process the photo solely for the purpose of providing the Services. We do not claim ownership of your photos or analysis results.

3.4 Prohibited Uses

You may not use the Services or any results obtained from the Services:

  • To discriminate against any person or group
  • For employment, housing, credit, or insurance decisions
  • For law enforcement or surveillance purposes
  • To determine eligibility for citizenship, immigration, or legal status
  • To profile, classify, or categorize individuals by perceived race or ethnicity for any discriminatory purpose
  • To support, reinforce, or perpetuate racial or ethnic bias, stereotyping, or prejudice
  • For any purpose that violates applicable laws

Violation of this Section 3.4, particularly the prohibitions on discriminatory profiling and racial/ethnic bias, constitutes a material breach of these Terms and will result in immediate termination of your account and access to the Services without refund.

4. Payments and Credits

4.1 Freemium Model

AncestryScan operates on a freemium model:

  • Free Scan: New users receive one (1) free lifetime scan that provides a locked (preview) report
  • Credits: Additional scans and report unlocks require purchased credits
  • Purchases: Credits are available for purchase through in-app purchases

4.2 Pricing and Credits

Current credit packages (subject to change):

  • 1 Credit: $2.99 USD
  • 5 Credits: $9.99 USD
  • 10 Credits: $14.99 USD

One credit is consumed per scan or per report unlock.

4.3 Payment Processing

All payments are processed through Apple's App Store. By making a purchase, you agree to Apple's terms and conditions for in-app purchases. We do not directly collect or store your payment information.

4.4 Refund Policy

All purchases are final and non-refundable, except as required by applicable law or Apple's refund policies. If you believe you are entitled to a refund, please contact Apple Support directly.

Credits do not expire and are non-transferable. Unused credits will be forfeited if your account is terminated for violation of these Terms.

4.5 Price Changes

We reserve the right to change prices at any time. Price changes will not affect credits already purchased.

4.6 Nature of Credits

Credits are virtual goods licensed to you for use within the Services. Credits:

  • Have no monetary value and cannot be exchanged for cash, gift cards, or any form of currency
  • Are not your property and represent a limited, non-transferable license to access specific features of the Services
  • Cannot be sold, traded, gifted, or otherwise transferred to any other person or account
  • Are licensed, not sold, and remain subject to these Terms at all times
  • May be forfeited upon account termination for violation of these Terms

5. Intellectual Property

5.1 Our Intellectual Property

The Services, including all content, features, functionality, software, text, graphics, logos, and trademarks, are owned by XYK LLC or our licensors and are protected by intellectual property laws.

You may not:

  • Copy, modify, or distribute any part of the Services
  • Use our trademarks without written permission
  • Remove any copyright or proprietary notices
  • Create derivative works based on the Services

5.2 Your Content

You retain ownership of photos you upload. Analysis results generated by the Services are provided to you for personal, non-commercial use only.

5.3 Feedback

Any feedback, suggestions, or ideas you provide about the Services may be used by us without compensation or attribution to you.

6. Privacy and Data

6.1 Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand how we collect, use, and protect your information.

6.2 Data Processing

By using the Services, you acknowledge and consent to:

  • The collection and processing of your facial images
  • The use of third-party AI services (including OpenAI) to analyze images
  • The storage of account information and usage data
  • International data transfers as described in our Privacy Policy

6.3 Data Retention

  • Analysis results are stored locally on your device
  • Photos are processed in real-time and are not permanently stored on our servers
  • Account data is retained until you delete your account

7. Third-Party Services

7.1 Third-Party Integrations

The Services integrate with third-party services including:

  • Google Firebase (authentication and data storage)
  • OpenAI (AI-powered analysis)
  • RevenueCat (payment processing)
  • Apple/Google (authentication providers)

Your use of these third-party services is subject to their respective terms and privacy policies.

7.2 Third-Party Links

The Services may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of third-party sites.

8. Disclaimers

8.1 "As Is" Basis

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

8.2 No Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR RELIABILITY OF RESULTS
  • UNINTERRUPTED OR ERROR-FREE OPERATION
  • SECURITY OF DATA TRANSMISSION

8.3 Results Disclaimer

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT:

  • The accuracy of ancestry estimates or phenotype matches
  • The scientific validity of results
  • The completeness of heritage information
  • The suitability of results for any particular purpose
  • The consistency or reproducibility of results across different sessions
  • That results will remain the same as AI models are updated or changed
  • The performance, reliability, or continued availability of underlying AI systems

8.4 Medical Disclaimer

The Services do not provide medical advice. Results should not be used to make health-related decisions. Consult a healthcare professional for medical concerns.

8.5 AI Model Updates and Result Variability

The AI models and algorithms powering the Services are subject to updates, modifications, and replacements without prior notice. As a result:

  • The same photograph may produce different ancestry estimates, phenotype matches, or heritage insights at different times
  • Previous results are not guaranteed to be reproducible
  • Updates to AI models may change the methodology, categories, or scoring used in analysis
  • We make no warranty that results will remain consistent across sessions or over time

8.6 Assumption of Risk

By using the Services, you voluntarily assume all risks associated with the ancestry estimates, phenotype matches, and heritage information provided, including but not limited to:

  • Results that may be unexpected, surprising, or inconsistent with your self-identified heritage
  • Results that may be inaccurate, incomplete, or misleading
  • Emotional distress, discomfort, or offense that may arise from viewing results
  • Interpersonal consequences that may result from sharing results with others

XYK LLC shall have no liability for any emotional distress, psychological harm, or interpersonal consequences arising from your use of the Services or the results provided.

9. Limitation of Liability

9.1 Exclusion of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, XYK LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, use, goodwill, or other intangible losses
  • Damages arising from your use or inability to use the Services
  • Damages arising from any content or conduct of third parties
  • Unauthorized access to or alteration of your data

9.2 Liability Cap

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF:

  • The amount you paid us in the twelve (12) months preceding the claim, OR
  • One hundred U.S. dollars ($100.00)

9.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless XYK LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you submit or upload
  • Your violation of any applicable laws

11. Dispute Resolution

11.1 Informal Resolution

Before filing any legal claim, you agree to contact us at contact@xyklabs.com to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days.

11.2 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

  • Arbitration shall take place in King County, Washington, or remotely
  • The arbitrator's decision shall be final and binding
  • Judgment on the arbitration award may be entered in any court of competent jurisdiction

11.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS ONLY. You waive any right to participate in a class action, class arbitration, or representative proceeding.

11.4 Exceptions

The following claims are exempt from arbitration:

  • Small claims court actions
  • Intellectual property disputes
  • Claims for injunctive relief

11.5 Opt-Out

You may opt out of arbitration by sending written notice to contact@xyklabs.com within 30 days of first accepting these Terms. The notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

For claims not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting updated Terms in the App
  • Updating the "Last Updated" date
  • Sending a notification for significant changes

Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and XYK LLC regarding the Services.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. Without limiting the foregoing, if any provision related to biometric data, including consent, retention, or disclosure obligations under the Illinois Biometric Information Privacy Act (BIPA) or similar state biometric privacy laws, is found to be unenforceable, such finding shall not affect the enforceability of any other biometric data provision or any other provision of these Terms.

14.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

14.5 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and XYK LLC.

14.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, internet outages, third-party AI service outages or degradation, API changes or discontinuation by third-party providers, AI model deprecation or replacement, and changes to third-party terms of service affecting our ability to provide the Services.

14.7 Notices

Notices to you may be sent via email, in-app notification, or posting on the Services. Notices to us should be sent to contact@xyklabs.com.

14.8 Survival

Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnification, and limitations of liability.

15. Contact Information

If you have questions about these Terms, please contact us:

XYK LLC
Email: contact@xyklabs.com

We aim to respond to all inquiries within three (3) business days.

16. Apple-Specific Terms

If you download the App from the Apple App Store, the following additional terms apply:

16.1 Acknowledgment

These Terms are between you and XYK LLC only, not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.

16.2 Scope of License

The license granted to you is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the App Store Terms of Service.

16.3 Maintenance and Support

XYK LLC is solely responsible for providing maintenance and support services for the App. Apple has no obligation to provide any maintenance or support services.

16.4 Warranty

XYK LLC is solely responsible for any product warranties, whether express or implied by law. Apple has no warranty obligation.

16.5 Product Claims

XYK LLC is responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.

16.6 Intellectual Property

In the event of any third-party claim that the App infringes that third party's intellectual property rights, XYK LLC, not Apple, shall be solely responsible for the investigation, defense, settlement, and discharge of such claim.

16.7 Third-Party Beneficiary

Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

16.8 App Store Compliance

You acknowledge that the App must comply with the App Store Terms of Service. In the event of any conflict between these Terms and the App Store Terms of Service, the App Store Terms of Service shall prevail with respect to your use of the App to the extent required by Apple.

16.9 Apple Disclaimer of Liability

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty shall be the sole responsibility of XYK LLC.

These Terms of Service are effective as of January 30, 2026.

Back to Home