Last updated: Feb 26, 2022
In order to use the Services, you must first agree to the Terms of Services (TOS) and Privacy Statement (PS). You may not use the Services if you do not accept the TOS and PS. You can accept the TOS and PS by (1) clicking to accept or agree to the TOS and PS, where this option is made available to you by Biodock Inc. for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that Biodock Inc. will treat your use of the Services as acceptance of the TOS and PS from that point onwards. PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY BIODOCK INC. IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available at our website. We will also update the “Last Updated” date at the top of the Agreement. We will send you an email notification of the changes. Any changes to the Agreement will be effective immediately for all users of the website. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Biodock Inc. Services. Otherwise, your continued use of the Biodock Inc. Services constitutes your acceptance of such changes. 1. Definitions "Service" or "Services" means Biodock Inc.'s products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not. "Registration Information" or “Information” is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information). “Data” is all data that are uploaded to our platform, such as microscopy images, next-generation sequencing data and flowcytometry data. "De-identified Information" information that has been stripped of your Registration Information (e.g., your name and contact information) and other identifying data such that you cannot reasonably be identified as an individual, also known as pseudonymized information. "Aggregated Information and data" are information and data that has been combined with that of other users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified. "Product Development" means research performed for the purpose of new product development and new product development activities performed by Biodock Inc. on De-identified Information. These activities may include, among other things, improving our Services and/or offering new products or services to you; performing quality control activities; conducting data analysis that may lead to and/or include commercialization with a third party. 2. User information and data We will not sell, lease or rent your individual-level information and data (data tied to registration information: user’s name, contact information, company name) to any third party or to a third party for research purposes without your explicit consent. However, we do use aggregate information and data (information that has been stripped of user’s registration information, and aggregated with information of others so, that the data cannot reasonably be linked to the user) for internal research and development and with third parties in order to perform business development, initiate research, send you marketing emails and improve our services. Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with our services or support, and (c) all intellectual property rights related to any of the foregoing. You understand that by providing data to us, you acquire no rights in any research or commercial products that may be developed by Biodock Inc. or its collaborators. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your data. You understand that all your Personal Information will be stored in Biodock Inc. databases and will be processed in accordance with the Biodock Inc. Privacy Statement. 3. Disclaimers YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR 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. In addition, Biodock Inc. does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Biodock Inc. attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services. We have the rights to terminate and limit any services to users at our discretion. 4. Limitation of Liability BIODOCK INC. AND THE OTHER BIODOCK INC. PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF BIODOCK INC. OR THE OTHER BIODOCK INC. PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF BIODOCK INC. AND THE OTHER BIODOCK INC. PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICES. The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Biodock Inc. or the other Biodock Inc. Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. 5. Transfer and Processing Data By accessing or using our Services, you acknowledge and, as applicable, consent to the processing, transfer and storage of information about you in and to the United States and other countries.