These Terms of Use ("Terms") govern your access to and use of the biomeStat website (the "Site") and the biomeStat gut microbiome test kit and reporting service (collectively, the "Services") provided by Advanced Molecular Works ("AMW," "we," "us," or "our").
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING OUR SITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SITE OR SERVICES.
The biomeStat Service involves:
You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.
You agree to:
a. Our Content: The Site, Services, and all materials therein, including software, AI algorithms, text, graphics, images, designs, and look and feel (collectively, "AMW Content") are owned by or licensed to Advanced Molecular Works and are protected by copyright, trademark, and other intellectual property laws.
b. Your Data: You retain ownership of your Personal Information and your biological sample. By using the Services, you grant AMW a worldwide, royalty-free, sublicensable license to use your sample and the data derived from it (including health information) to provide the Services to you, and for research and development purposes (on a de-identified and/or aggregated basis), as further described in our Privacy Policy.
c. Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for your personal, non-commercial use in accordance with these Terms.
You agree not to:
Our collection and use of your Personal Information in connection with the Services is described in our Privacy Policy, which is incorporated by reference into these Terms.
THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WHILE WE STRIVE FOR ACCURACY, WE DO NOT WARRANT THAT THE RESULTS PROVIDED BY THE SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, OR ERROR-FREE. WE DO NOT WARRANT THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADVANCED MOLECULAR WORKS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AMW'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Advanced Molecular Works, its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site or Services, (b) your violation of these Terms, or (c) your violation of any third-party right, including without limitation any intellectual property right or privacy right.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware.
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will provide notice through the Site or by other means. Your continued use of the Services after such notice constitutes your acceptance of the modified Terms.
We may terminate or suspend your access to the Services, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Advanced Molecular Works regarding the Services. If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will be enforced. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If you have any questions about these Terms, please contact us at: [email protected]
This Privacy Policy explains how we collect, use, disclose, and protect your information when you visit the biomeStat website (the "Site") and use the biomeStat gut microbiome test kit and reporting service (collectively, the "Services") provided by Advanced Molecular Works ("AMW," "we," "us," or "our").
We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household ("Personal Information").
a. Information You Provide Directly:
b. Information We Collect Automatically:
We use your Personal Information for the following purposes:
a. To Provide and Manage the Services:
b. To Communicate With You:
c. For Research and Development:
d. For Legal and Compliance Purposes:
e. To Process Payments: Through our third-party payment processors.
We do not sell your Personal Information. We may disclose your Personal Information in the following circumstances:
a. Service Providers: We may share your Personal Information with third-parties who perform services on our behalf, such as:
b. De-identified or Aggregated Data: We may share de-identified and/or aggregated information, which cannot reasonably identify you, for research, academic, or public health purposes, or to improve our Services.
c. As Required by Law: We may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to comply with a legal obligation, protect and defend our rights or property, prevent fraud, act in urgent circumstances to protect the personal safety of users of the Services, or protect against legal liability.
d. Business Transfers: In the event of a merger, acquisition, financing, reorganization, bankruptcy, or sale of all or a portion of our assets, your Personal Information may be transferred as part of that transaction.
e. With Your Explicit Consent: We may share your Personal Information with other third parties with your explicit consent.
We implement reasonable administrative, technical, and physical safeguards to protect your Personal Information from unauthorized access, use, alteration, and disclosure.
We will retain your Personal Information for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements, or as long as necessary to provide you with our Services. Your biological sample may be stored for a period necessary for re-analysis or quality control, after which it will be securely destroyed in accordance with applicable regulations. De-identified data may be kept for longer periods for research and development.
We may update this Privacy Policy from time to time. We encourage you to review this Privacy Policy periodically for any changes.
If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at: [email protected]