TERMS OF USE

  • Company: “Company”, “EzBiome”, “we”, “us”, or “our” shall refer to EzBiome, Inc.

  • Site: “Site” shall refer to Company, EzBiome’s, family websites including www.ezbiocloud.net, www.truebacid.com or www.ezbiome.com.

  • You, User and Users: Throughout these Terms and Conditions, “you”, “user”, “users” or “your” refers to you as the user accessing or using any of the Services, or if you are using the Services on behalf of an entity such as your employer, “you”, “user”, “users” or “your” refers to that entity. You represent and warrant that you have the legal right and capacity to enter into these Terms and Conditions in your jurisdiction, and if you are using the Services on behalf of an entity, you represent and warrant that you are authorized to agree to these Terms of Use on the entity’s behalf.

  • ID: “ID” and “Identification”, refers to the prokaryotic isolate identification service which the Company provides through the Site.

  • MTP: “MTP” and “Microbiome Taxonomic Profiling”, refers to the microbiome analysis service which Company provides through the Site.

  • WG: “WG” and  “Whole Genome analysis”, refers to the bacterial whole genome analysis service which Company provides through the Site.

  • CG: “CG” and “Comparative Genomics”, refers to the bacterial comparative genome analysis which the Company provides through the Site.

  • Sample: FASTQ or FASTA files containing 16S rRNA nucleotides sequences of a metagenome or bacterial genomic sequences. The file(s) is generated from any sequencing platform. A sample may refer to either one file or two files for paired-end sequencing libraries.

  • Service: Services on the Site or other services for example sequencing or consultation can be either for free or for a fee. Paid services are provided as a form of license with a fixed term and/or fixed contracted based. 

  • License: The User needs to purchase a license to use any paid services on the Site. The Company reserves the right to decide and amend the license term and the number of analyses and storage capacity of the analyses result during the license term.

  • Complimentary Contents: The Company provides free complimentary content such as public Human Microbiome and/or Environmental Microbiome data to help the User use with either free or paid services.
  1. Registration. In order to use the Site and/or Services, we ask you to complete an online registration, choose a username (email address), and create a password (“Login Credentials”). An institutional email information MUST be provided to verify the user’s identity. During any such registration, you are required to give truthful contact information (such as email address) in accordance with these Terms and Conditions. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. For your convenience as a ChunLab’s User, all information that you provide to the Company is subject to our Privacy Policy. You are responsible for keeping your registration information up to date through your account management page, My Information.

  2. Agreement. These EzBiome User Terms of Use (the “Agreement”) exclusively govern your use of and access to EzBiome’s services (“Service”). By accessing or using the Service, you agree to the terms of this Agreement for yourself and on behalf of your organization (if your use of the Service is on behalf of an organization or multiple organizations). If agreeing to these terms on behalf of an organization, you agree that you have the authority to enter into this Agreement on behalf of said organization. EzBiome provides the Service and may add to, modify, and/or reduce the scope of features offered by the Service at any time. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service (for your personal, noncompliance use only, unless you have an express written commercial agreement in writing between you and EzBiome), and as permitted by the features of the Service. If you are accessing the Service through one of our partner organizations you further agree to abide by their terms of service.

  3. License. From time to time, the Company may make the Services available as free or for a fee. Free services may require login for Users to use and Users should register and login to get the paid license. The Company shall provide the ways to get free analysis services and each of which has different terms and conditions. The Company has the right to change those terms and conditions without prior notification. The amended terms and conditions for free analysis services shall be posted on the Sites or mailed to Users. The Company may delete the results of the free analysis services without prior notification. As for the paid licenses, the User will send a purchase order to the Company to get the paid license, and the license takes effect right upon the reception of the purchase order. However, the Company and the User can make the agreement on the effective date of the paid license. All the analysis results will be deleted permanently on the license expiry date. The User must give Company a notice to extend the license or storage of data at least a week before the expiry of the license 
  • KEGG Data
    1. By means of its business license entered into with Pathway Solutions Inc. (“Pathway”), Company is authorized to provide You with KEGG Data. To use our Services, you must therefore agree to the following terms and conditions relating to KEGG Data. Provided that you agree to the following terms and conditions, You are permitted to download, display, reproduce, use, or copy, in whole or in part, the KEGG data that you obtain through us for the sole purpose of conducting your own internal research or business:
      1. You may not market, sell, distribute or sublicense any KEGG Data or otherwise provide KEGG Data in any form to any third party;
      2. You may use the KEGG Data obtained via Company only for the duration during which your license is valid and You have paid all outstanding license or subscription fees. Following expiration or termination of such license, You must destroy (at Your own cost and expense) any such data in Your possession, and immediately cease using it in any way;
      3. You agree to refrain from challenging or disputing at any time, during or after the term of this agreement, the ownership, intellectual property rights or agency of the Kanehisa Laboratories and of Pathway;
      4. You agree to waive all rights whatsoever to exercise against the Kanehisa Laboratories and Pathway, whether in regard to warranty, liability or any other matter, any such right being held by the You;
      5. You agree that your use of KEGG Data through Company does not entitle you to receive support from Kanehisa Laboratories or Pathway Solutions.
    2. You are entitled to incorporate portions of the KEGG Data made available via Company’s services into scientific papers that are published and released in the public domain or into public documents minimally required by law for patent applications or compliance purposes.
  1. Data. “Data” includes all information, files, or data uploaded to, provided to, stored on, created within, created as a result of the use of the Service, including without limitation, any genomic information generated by sequencing instruments and further analysis or processing conducted on such information.

  2. Data and Content Rights and Obligations. The Company may use the User’s analysis result for the purpose of improvement of the quality of its analysis services without notification to the owner of the data. As for the Complementary Data, the User may take the complimentary dataset into his/her own data set. However, all the complementary data which Company provides through the Site cannot be used for an advertisement or online/offline publications. The User must not provide any of the Company’s complementary dataset to any other third parties without Company’s written permission.

  3. File Transmission. The User transmits the Sample files to the Site by the ways Company designates. You agree not to transmit and/or store any digital files that are not allowed by the Company. The Company will make use of the file only for the analysis and delete upon the completion of the analysis. In the case that User wants Company to upload or handle user data files manually, Company may charge additional cost for a customization and/or any extra data handling requested by either free services or paid license users.

  4. Sharing Data. The Service may allow you to share your Data with other users of the Service (the recipient is the “Sharee”). You are solely responsible for the decision to share Data. You acknowledge and agree that once you have shared Data, the Data is no longer under your complete control and the Sharee of that Data is free to use that shared Data. For example, the Sharee of that Data may be able to download that Data to their own computer and further disseminate that Data to others, even if your Data is removed from your account or you disable sharing of that Data. You agree that when you share Data you have the requisite authority to do so. You acknowledge and agree that EzBiome has no liability arising out of your sharing of Data. EzBiome has no obligation to and will not assist you in resolving disputes arising from your sharing of Data.

  5. Removal of Data. If you choose to remove Data please note that if you have previously shared your Data the recipient may have downloaded or copied that Data. EzBiome does not provide any recovery service for Data, therefore, once your data is removed, it may not be recoverable. Although Data may be removed and your access to it ended, the nature of the Service (distributed computing and storage) means that some or all of the Data may persist even after attempting to remove it permanently. It may not be possible to permanently remove Data.

  6. Usage Limitations. The quantity and duration of the Service (such as storage and computation) made available to you are limited based on your subscription level. Any such limitations as well as the level of your subscription are specified within EzBiome’s service you subscribed to the website or the instructions for the Service, or will otherwise be provided to you in your contract. You may freely use results, analyses, screenshots, and other derivative products of the Service solely for non-commercial purposes, provided that you must provide citation and proper attribution to EzBiome. For proper citation please reference the following link. Please contact the EzBiome sales team to discuss the use of the Services in commercial products or offerings. You may not use the Service or any results, analyses, screenshots, or other derivative products of the Service for any commercial purpose unless otherwise agreed in writing in advance by EzBiome. You may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking except with our prior written consent. All free services provided by the Company shall be available only for researchers who are affiliated with non-profit academic institutions for publications.

  7. Warranty. EzBiome warrants that the Service will perform substantially in conformance with its specifications as found on the Service website or the instructions for the Service. EzBiome makes no warranty express or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose, all of which are disclaimed. EzBiome does not warrant that you will obtain any particular results through the use of the Service or that the Service is suitable for your particular needs. In the event, you make a claim under this warranty, and EzBiome confirms that the affected Service did not perform as warranted, EzBiome will re-perform the affected Service at no additional charge. This will be your sole remedy under this warranty. EzBiome makes no other warranties, express, implied, or statutory, with respect to the Services, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or arising from course of performance, dealing, usage, or trade.

  8. De-Identified Information. When uploading, transmitting, or modifying Data that contains information of a person, you agree not to provide any personally identifying information as defined by applicable law (e.g., the Health Insurance Portability and Accountability Act of 1996).

  9. Authority to Use Data on the Service. You agree that you are authorized to use the Data you upload or become a Sharee of on the Service. This means that you have determined that use and transmission of Data on the Service complies with all applicable laws including any data privacy laws and that you have obtained all necessary permissions (including all consents from human subjects) to use and transmit the Data on this Service. You will only use this Service in accordance with applicable law and regulations and any prior agreements Your Data is subject to. You, and not EzBiome, are responsible for monitoring the content of and type of Data you use or provide. EzBiome has no responsibility to monitor or screen the Data for compliance with any law or regulation or for any other purpose.

  10. Account Security. Security of your Data begins with you. You agree not to allow anyone else, unless permitted by this Agreement, to use your username or password and that you are only permitted to use a username in connection with Data that you have a right to access. You agree to change your username/password and contact EzBiome promptly if you suspect that your username/password has been compromised in any way.

  11. Data Processing. You understand and acknowledge that the Data may be transmitted and processed outside of your state or country. For example, as of this date, EzBiome’s services use a combination of inhouse and Amazon’s Web Services to provide the Service. For more information about Amazon’s service and its policies please visit aws.amazon.com. Furthermore, EzBiome may use additional third parties to fulfill the Service obligations and is not required to notify you of any change.

  12. Payment. You agree that EzBiome may charge your payment method for any services, subscriptions or database license you purchase and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account associated with your Login Credentials. EzBiome may require advance payment for some or all of the Services and may impose technical limitations that limit the incurrence of fees beyond pre-paid amounts; provided that EzBiome does not obligate to implement such limitations. Any such technical limitations may delay or interfere with the Services. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING EZBIOME WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES THROUGH ONE OF THE METHODS THAT WE LIST ON OUR SERVICES FROM TIME TO TIME. Other than an expressly set forth on our Services as updated from time to time, EzBiome has no obligation to provide refunds or credits but may grant them in certain circumstances to correct any errors made by the Company, in each case in the Company’s sole discretion. All information that you provide to the Company including your credit card information or payment account information is subject to Company’s Privacy Policy.

  13. Service Security. EzBiome uses industry standard security; however, no data or any security system can perfectly guard against risks of intentional or inadvertent disclosure of information. When using this Service, the information will be transmitted over a medium that is beyond the control of EzBiome. You expressly assume the sole risk of any unauthorized disclosure or intentional intrusion, or of any delay, failure, loss, interruption, or corruption of Data or other information transmitted in connection with the use of this Service.

  14. Termination. You may terminate your use of the Service at any time by canceling your account. You will still be responsible for any remaining fees associated with your canceled account. EzBiome may terminate your use of the Service immediately if you breach any term of this Agreement, if you take any action that imposes, or may impose, in the sole discretion of EzBiome, an unreasonable or disproportionately large load on our infrastructure, or if your account is used for any malicious or harmful purpose (e.g., denial of service attack). EzBiome may also terminate your use of the Service in the event you fail to pay any amounts due in connection with the Service or any other purchase of products or services from EzBiome. EzBiome may suspend or terminate the Service or this Agreement in its sole discretion unless otherwise provided in a written agreement signed by EzBiome. If your account is canceled your access to Data and any other information associated with that username may be terminated. Therefore, please make sure you have downloaded any Data you wish to keep.

  15. Privacy of Information. Please see the Service Privacy Policy that applies to the Service and the EzBiome Privacy Policy linked here.

  16. Ownership of Service and Feedback. EzBiome owns all rights, title, and interest in the Service. You are not granted any rights or license to EzBiome’s intellectual property under this Agreement other than the right to use the Service in compliance with EzBiome’s written instructions for use of the Service and in compliance with the terms of this Agreement. You will not and will not allow anyone else to reverse engineer, decompile, disassemble, translate, modify, adapt, or enhance any of the Services, or create any derivative works of the Services, or extract ideas, algorithms, procedures, workflows, or system architecture from the Service for any purpose, including but not limited to, the software parts of the Service, and the scientific procedures utilized within the Service. In the event you provide any feedback, suggestions, or recommendations of any kind, EzBiome may use them for any purpose without any restriction and EzBiome is not under any obligation to provide you with any compensation.

  17. Third-Party Links, Content, and Services. EzBiome is not responsible for the content of any third party, services, links, websites, or resources referenced during your use of the Service. Please review the terms of use and privacy policies of those third parties to ensure you are comfortable. Additionally, those third-party providers may require you to agree to additional terms of use for their service.

  18. Some Software may be offered under an open-source license. There may be provisions in such licenses that expressly override some of the terms of this Agreement. If that is the case, only those terms of this Agreement that are in conflict with the open-source license will be overridden.

  19. Research Use Only. You agree that the Service is intended by EzBiome to be used for research purposes only unless otherwise agreed with EzBiome. By using this Site and Service, you acknowledge that the material is for research purposes only and is not intended to be used in the diagnosis, treatment or care of humans or of non-human animals. You agree not to use any contents or analysis result from Services for either the commercial purpose or any lawsuit.

  20. Age. The Service is not intended for use by persons under 18 years of age or the applicable age of majority if older.

  21. Liable. To the extent permitted by applicable law, in no event shall EzBiome or its affiliates be liable for personal injury, damages to property, or any indirect, special, incidental, exemplary, consequential, or punitive damages of any kind; however caused and on any theory of liability (whether in contract or tort, including negligence), strict liability, or otherwise including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other damages or losses arising out of or in connection with use of the Service or EzBiome. EzBiome, its affiliates total and cumulative liability arising out of or in connection with Your use of the Service or otherwise under this agreement, shall be limited to and shall in no event exceed the amount EzBiome receives from you for the Service during the Twelve (12) month period preceding the date the cause of action arose. The limitations set forth in this section shall apply even if EzBiome, its affiliates, or any of their agents or contractors have been advised of the possibility of such damages, and notwithstanding any failure of essential purpose of any limited remedy.

  22. Copyright and Trademark. The Site Owner owns the copyright in all material and information contained on this Site unless otherwise indicated. This Site and all materials and information herein are for informational purposes only and are subject to all applicable Republic of Korea and international copyright laws. Any reproduction, retransmission or other use is strictly prohibited. You may print one copy and may download extracts of any page(s) from the Site for your personal reference. You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. You must always acknowledge the Site Owner’s status (and that of any identified contributors) as the author of material on this Site. You must not use any part of the materials on the Site for commercial purposes without the Site Owner’s written permission. The Site Owner is licensed to use all intellectual property in the content of this Site and reserves the right to pursue any intellectual property infringement in the courts of the country where the Site Owner suffers damage. No license is granted to you to use any trademark of the Site Owner or their Affiliates. You shall not assert any claim or ownership to any such trademarks.

  23. Prohibited Conduct. You agree that you will not engage in the following conduct and will not authorize or aid others in doing so:
    1. Transmit or submit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Company.

    2. Utilize any automated means, including without limitation scraping, to obtain content from the Services, with the exception of authorized use of the Company API.

    3. Use, or allow the use of, the Services for any unfair or deceptive practices or in contravention of any local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations.

    4. Act in a fraudulent, tortious, malicious, or negligent manner when using the Services

To keep Company server secure and stable, Company reserves the right to suspend or terminate any part or portion of the Services or terminate your access to the Services if it reasonably believes that you are misusing or abusing such Services or are otherwise in breach of these Terms of Service. For User to access the service without any limitation again, User may have to declare the alleged breach of these Terms and Conditions didn’t have any intention of harm or damage to the Company’s Server.

  1. U. S. Government End Users. The Service and any related software is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202 (as applicable). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all United States Government end users acquire the right to use the Service and any related software with only those rights set forth herein.

  2. Applicable Law. The Site and Services shall be governed and construed in accordance with the export laws and regulations of the Republic of Korea, and foreign equivalents and the User must comply with all domestic and international export laws and regulations that apply to the Site and Services. These laws include restrictions on destinations, end-users, and end-use. You hereby consent to the exclusive jurisdiction of, and venue in, the Republic of Korea. to resolve any dispute arising out of or in connection with this Agreement, including without limitation, use of or access to the Service. EzBiome may freely transfer this Agreement.

  3. Terms Change. EzBiome reserves the right to change these terms at any time. EzBiome will make the latest version of these terms available on the website. Your continued use of the Service represents your agreement to any updated terms.

  4. Force Majeure. EzBiome shall not be responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control, including but not limited to acts of God, fire, flood, tornado, earthquake, hurricane, lightning, government actions, actual or threatened acts of war, terrorism, civil disturbance or insurrection, sabotage, labor shortages or disputes, failure or delay in delivery by EzBiome’s suppliers or subcontractors, transportation difficulties, shortage of energy, raw materials or equipment.

  5. Severability. If any provision of this Agreement is held invalid or unenforceable, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.

  6. Void Where Prohibited. Although this Site and its content may be accessible worldwide, not all products or services discussed on this Site are available to all persons or in all geographic locations or jurisdictions. Any offer for any product or service herein or access to information made on this Site is void where prohibited by law. Accessing the Site from territories where its contents are illegal or unlawful is prohibited.

  7. Prior Agreements. These terms, including the terms incorporated into these terms by reference, represent the entire agreement between you and EzBiome regarding the subject matter hereof and supersede all prior discussions, communications, agreements, and understandings of any kind and nature between the parties except mutually signed contracts. These terms may only be amended or waived by a written agreement executed by you and EzBiome that specifically references these terms.

  8. Contact Information. If you have any questions or complaints regarding our Terms and Conditions, please contact us from the following link. We appreciate your comments and will do our best to respond to your request.