Effective Date: January 1, 2020
- “Bione” means Bione Ventures Private Limited, whose principal place of business is at #404, 4th Floor, Brigade IRV Center, Nallurahalli, Whitefield, Bangalore-560066, Karnataka, India.
- “Bione Research”means scientific research that Bione performs with the intent to publish in a peer-reviewed scientific journal. Bione Research only uses Genetic and Self-Reported Information from users who have given informed consent according to the applicable Consent Document. Bione Research activities do not include R&D.
- “Product Development”means research conducted for the purpose of new product development and other activities in relation to the new product development performed by Bione on Pseudonymized Information. These activities may be inclusive of, among other things, performing quality control activities; conducting data analysis that may lead to and/or include commercialization with a third party; improving our Services and/or offering new products or services to you.
- “Service” or “Services”means Bione’s products, services, software, and website (including but not limited to text, images, graphics, and other material and information) as accessed from time to time by the user, in spite of if the use is in connection with an account or not.
- Personal Information:means information that can be used to identify you, either alone or in combination with other information. Bione collects, generate and stores the following types of Personal Information:
- Registration Information: means information you provide about yourself when registering for and/or purchasing our Services (e.g. name, address, email, payment information, and user ID and password).
- Genetic Information: means information regarding your genotypes generated through processing of your saliva by Bione or by its contractors, successors, or assignees; or otherwise processed by and/or contributed to Bione.
- Microbiome information: means information regarding your gut microbiome or other body part microbiome, generated through processing of various sample types like fecal, saliva, swab, etc. by Bione or by its contractors, successors, or assignees; or otherwise processed by and/or contributed to Bione.
- Health and Lifestyle Information:means information from the questionnaires on our site about your health, including your own and your close relatives’ medical history, treatments received or ongoing, known allergies, known long term conditions, medications and relevant lifestyle information such as alcohol consumption or smoking.
- Biological Samples:These are the saliva, swab and/or stool samples which you provide to us to enable us to perform the testing services.
- Self-Reported Information: means information you provide directly to us, either through the services or through a third party, including you and your family disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter either during kit registration and/or into surveys, forms, or features while signed in to your Bione account or during interaction with Bione genomics counsellors.
- Sensitive Information: means information about your certain health conditions, Genetic & Self-Reported Information such as disease risk, racial and ethnic origin, sexual orientation.
- User Content:includes data, information, software, text, audio, music, graphics, photographs, messages, video, or other materials – other than Genetic Information and Self-Reported Information-generated by users of Bione Services and transmitted, whether privately or publicly, to or through Bione.
- Interpretation, Inferences and Derived Data:includes information, data, assumptions, or conclusions that are derived directly or indirectly from another source of personal, microbiome & genetic information by using statistical methods to infer additional genetic information based on exome or whole genome sequencing information generated directly through the processing of your saliva sample. Also the information generated using metagenomics methods on various sample types described elsewhere in the document, correlation, risk assessment, identification of an association between genes and microbes.
The result of interpretation includes health, nutrition, sports, wellness and personal traits data which are derived from the interpretation of your health and lifestyle information and raw data and which we display to you in your personal account. Any reference to “you”, “your” or “users” refers to you as the visitor, subscriber or user of the Platform/ Services and/or any features of functionalities on the Platform. Any reference to “Bione”, “we”, “our” and “us” shall refer to Boine Ventures Private Limited.
- Web-Behavior Information:information on how you use our Services collected through log files, cookies, web beacons, and similar technologies, (e.g., device information (device identifiers), IP address, browser type, domains, page views).
2. Acceptance of Terms
Your use of the Services (excluding any services provided by Bione under a separate agreement) is subject to the terms of the legal agreement between you and Bione set forth in these Terms of Service (“Terms of Service”) . Except as mentioned herein, these Terms of Service apply to any use of the Services, which may include but not limited to a) submitting a saliva sample for DNA extraction and processing, b) uploading a digital version of your Genetic & Microbiome Information and interacting with it on the Bione website, and/or c) creating and using a free Bione account without providing your saliva sample or Genetic Information. To use the Services, you must first agree to the Terms of Service. If you do not accept the Terms of Service, you may not use the Services. You can accept the Terms of Service by (1) clicking to accept or agree to the Terms of Service, where this option is made available to you by Bione for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that Bione will treat your use of the Services as acceptance of the Terms of Service from that point onwards. In addition, when using particular Services, you shall be subject to any guidelines or rules applicable to such Services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service. Bione also may offer other services from time to time that are governed by different terms of service.
- Whether you submit your own sample (saliva or other body fluid), a sample for anyone for whom you have legal authority to agree, or otherwise provide your own phenotypic Information, you may not use the Services and may not accept the Terms of Service if (1) you are not of legal age to form a binding contract with Bione, or (2) you are an individual barred from receiving the Services under the laws of the jurisdiction during which you are a resident or from which you use the Services.
- In addition to the conditions above, if you contribute or otherwise provide your own personal, phenotypic & genetic Information, you must be eighteen (18) years of age or older to comply with these Terms of Service on behalf of yourself or those for whom you have legal authority to agree.
- If your use of the Services includes creating a Bione account, without submitting a sample or otherwise providing personal, phenotypic & genetic Information, you must be eighteen (18) years of age or older to use the Services and accept the Terms of Service.
4. User flow on the Bione Platform
The Steps below describe the User journey on the Bione platform. Users will go to the Bione website to order the kit.
Step 1 – Enter the Bione website on the browser.
Step 2 – Click on Buy Now & you will be directed to the product page having the description of the test & price. To proceed with ordering, click on the Add to Cart button.
Step 3 – Fill your shipping and billing address and click on the continue button.
Step 4- After clicking on the continue button, the payment window will open.
Step 5- Add the credit/debit card details or select other payment methods or EMI option for processing the payment.
Step 6 – After the payment, click on the PAY button.
Sample Delivery and kit collection flow
Step 7- After placing the order successfully, Bione logistics team will deliver the relevant kit at the given shipping address.
Step 8- Provide the sample as per given instructions inside the kit box for collecting and stabilising the samples.
Step 9- Login into the Bione website and register your kit to schedule the sample pick send pickup date on Bione Whatsapp number.
Step 10 – Bione logistic team will pick the sample according to schedule date.
Step 11 – All information about your kit purchase and progress will be available on your account dashboard.
5. Description of the Services
The Services include access to the Bione public website and personal genotyping services, including the collection and analysis of your saliva sample, Extraction of the DNA from the sample, whole exome, whole genome and 16S amplicon sequencing using NGS platform, Data storage, Data processing using various bioinformatic pipelines like Bione gCloud platform, Genetic data interpretation using Bione VarIn gDb and reporting using Bione gXplore, MyMicrobiome data interpretation using Bione MicroSure pipeline, providing food and nutrition recommendation based on genetic and Microbiome data in Bione food App, Genomics counseling for health nutrition and fitness. These services are provided under different kits names varied packages on our website under the following names amongst which the user can choose to get a few or all services:
- Longevity Kit
- Longevity Plus Kit/li>
- MyMicrobiome Kit
- Longevity Starter Pac
- Premium Longevity Plus Pack
Unless explicitly stated otherwise, each new feature that augments or enhances the present Service shall be subject to the Terms of Service. You acknowledge and agree that the Services are provided “AS-IS” and are based on the current state of the art of genetic research and technology in use by Bione at the time of the purchase, viewing or other use. As research progresses and scientific knowledge and technology evolve, Bione is consistently innovating to offer the finest possible experience for its users. You acknowledge and agree that the form and nature of the Services which Bione provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Bione may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at Bione’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Bione when you stop using the Services. Bione assumes no responsibility for the use of Services outside the terms of this Terms of Service or other applicable terms.
In order to use the Services, you should obtain Internet access, either directly or through devices that access web-based content, and pay any service fees related to such access. You are solely responsible for paying such fees. In addition, you should provide all equipment necessary to form such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment. You acknowledge and agree that while Bione might not currently have set a predetermined upper limit on the amount of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Bione at any time, at Bione’s discretion.
6. Risks and Considerations Regarding Bione Services
- You should not assume that any information we might provide to you, whether now or as genetic research advances, would be welcoming or positive. You should also understand that as research advances, so as for you to assess the meaning of your DNA within the context of such advances, you possibly will need to obtain further services from Bione, your physician, a genetic counselor, or other health care provider.
We encourage you to speak to a genetic counselor, a health expert with special training in genetic conditions, before collecting your sample for testing to find out more so you can make an informed decision about whether testing is right for you. A genetic counselor can also assist you understand your results and options.
- This is normal. If you are feeling very anxious, you must speak to your physician or a genetic counselor before collecting your sample for testing.
- This information may evoke strong emotions and has the potential to change your life and worldview. You might learn things about yourself that may trouble you and that you may not have the ability to control or change. These outcomes could have social, economic, or legal implications.
- The laboratory might not be able to process your sample up to five percent of the time if your saliva doesn’t contain a sufficient volume of DNA, you do n’t provide enough saliva, or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, Bione will reprocess the same sample at no charge to the user. If the second attempt to process the same sample fails, Bione will offer to send another sample collection kit to the user to collect a second sample at no charge. If the user sends another sample and Bione’s attempts to process the second sample are unsuccessful, Bione won’t send additional sample collection kits and therefore the user will be entitled solely and exclusively to a complete refund of the amount paid to Bione, less shipping and handling, provided the user shall not resubmit another sample through a future purchase of the Service. If the user breaches this policy agreement and resubmits another sample through a future purchase of the Service and processing isn’t successful, Bione won’t offer to reprocess the sample or provide the user a refund. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process could be un-interpretable or incorrect (referred to as “Errors”). As this possibility is understood beforehand, users aren’t entitled to refunds where these Errors occur.
- Make sure to talk about your Genetic & Microbiome Information with a physician or other health care provider before you act upon the Genetic Information resulting from Bione Services. For most common diseases, the genes we all know about are only accountable for a small fraction of the risk. There could also be unknown genes, environmental factors, or lifestyle choices that are much more important predictors. If your data indicate that you aren’t at elevated genetic risk for a specific disease or condition, you ought not to feel that you are protected. Even the opposite is true; if your data indicate you are at an elevated genetic risk for a specific disease or condition, it doesn’t mean you will definitively develop the disease or condition. In either case, if you have concerns or questions on what you learn through Bione, you must contact your physician or other health care provider. Please note that genetic risk assessment isn’t applicable to results of carrier screening tests.
- While we measure numerous data points from your DNA, only a small percentage of them are known to be associated with human traits or health conditions. The research community is rapidly learning more about genetics, and an important mission of Bione is to conduct and contribute to this research. In addition, many ethnic groups aren’t included in genetic studies. Because interpretations provided in our Service count on these published studies, some interpretations might not apply to you. Future scientific research may change the interpretation of your DNA. In the future, the scientific community may show previous research to be incomplete or inaccurate.
- You should be careful about sharing your personal Genetic & Microbiome Information with others. Currently, only a few businesses or insurance companies request genetic information, but this might change in the future. Genetic Information that you decide to share with your physician or other health care provider may become a part of your medical history and through that route be accessible to other health care providers and/or insurance companies in the future. Genetic Information that you share with family, friends or employers may be used against your interests. Even if you share Genetic Information that has no or limited meaning today, that information could have greater meaning in the future as new discoveries are made. If you are asked by an insurance company whether you have learned Genetic Information about health conditions and you do not disclose this to them, this might be considered to be a fraud.
- The sample collected may not reach the lab on time and there could be possible delay for many reasons. Few instances under which the delay may be caused are: DNA sample quality failed at service provider lab, Sequencer break down at service provider lab, Data delay due to payment delay, Sample delivery delayed or missed during logistic. In such cases you will be notified from time to time to on your account dashboard or via sms or whatsapp message or email.
- The Genetic & Microbiome Information provided by Bione is for research, informational, and educational use only. This means two things. First, many of the genetic discoveries that we report haven’t been clinically validated, and therefore the technology we use, which is exactly the same technology used by the research community, as well as in clinical testing. Second, in order to expand and accelerate the understanding and application of genetic knowledge in health care, we invite all users to participate in Bione Research. Participation in such research is voluntary and based upon a consent document. As a result of the present state of genetic knowledge and understanding, our Services are for research, informational, and educational purposes only. The Services aren’t intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the opinion of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health & your food and nutrition advice.
Bione doesn’t endorse, warrant or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information which might be mentioned on our website. If we provide to you on our website any recommendations that identify for you, based on your Genetic & or Microbiome Information and Self-Reported Information and scientific literature or research, potentially actionable information, this information is meant for informational purposes only and for discussion together with your physician or other healthcare providers. As explained on our website, Bione believes that (a) genetics is only part of the picture of any individual’s state of being, (b) the state of the understanding of Genetic Information is rapidly evolving and at any given time we only comprehend part of the picture of the role of genetics, and (c) only a physician or other health care provider can assess your current state of health or disease, taking under considerations many factors, including in some cases your genetics also your current symptoms, if any. Reliance on any information provided by Bione, Bione employees, others appearing on our website at the invitation of Bione, or other visitors to our website is solely at your own risk.
7. User Representations
By accessing Bione Services, you agree to, acknowledge, and represent as follows:
- You understand that information you find out from Bione isn’t designed to independently diagnose, prevent, or treat any condition or disease or to determine the state of your health due to the absence of medical and clinical information. You understand that the Bione Services are intended for research, informational, and academic purposes only, and whereas Bione information might point to a diagnosis or to a possible treatment, it should be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that Bione urges you to seek out the opinion of your physician or other health care provider if you have questions or concerns arising from your Genetic Information.
- You give permission to Bione, its contractors, successors and assigns to perform genotyping services on the DNA extracted from your saliva or other biological fluid sample and you specifically request Bione to disclose the results of analyses performed on your DNA to you. If you would like to share your result along with your healthcare provider you need to send a written request and specifically authorize Bione based on your written request Bione will share your report with your designated healthcare provider. Bione won’t share your report or your family report to the other non healthcare provider.
- You warrant that you are eighteen (18) years of age or older if you are giving a sample or accessing your Genetic & Microbiome Information.
- You are assuring that any sample you provide is your saliva or other body fluids as a requirement for testing; if you are agreeing to these Terms of Service on behalf of a person for whom you have legal authorization, you are confirming & ensuring that the sample provided will be the sample of that person.
- You are affirming that you are not an insurance company or an employer wanting to obtain information about an insured person or an employee.
- You are aware that some of the information you receive may provoke strong emotion.
- You take liability for all possible consequences resulting from your sharing with others access to your Genetic & Microbiome Information and/or your Self-Reported Information.
- You are aware that all your Personal Information would be stored in Bione databases and will be processed in accordance with the Bione Privacy Statement.
- Waiver of Property Rights: You are aware that by providing any sample, having your personal Genetic & Microbiome Information processed, accessing your Genetic Information, or providing Self-Reported Information, you do not get any rights in any research or commercial products which might be developed by Bione or its collaborators. You specifically understand that you won’t receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.
You agree that you have the authority, under the laws of the state or jurisdiction where you reside, to endow with these representations. If there is a breach of any one of these representations, Bione has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Bione and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
8. Account Creation, Customer Account, Password, and Security Obligations
While using Bione services, you agree to: (a) provide correct, exact, recent, and complete Registration Information about yourself as required by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is not accurate, true, current, or complete, or if Bione has a reasonable ground to suspect that such information is not true, accurate, current, or complete, Bione has the right to suspend or terminate your account and refuse any and all current or future use of the Service. The Services are for use only in the country to which your sample collection kit was shipped from Bione.
After you have purchased a Service, you will create a username and password. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your Bione account. If you let third parties to access Bione’s website through your username and password, you will defend and indemnify Bione and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify Bione of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session. Bione cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
9. Bione Privacy Statement and Disclosure of Information
In order to use the Services, you must first acknowledge and agree to the Privacy Statement. You may not use the Services if you do not accept the Privacy Statement. You can acknowledge and agree to the Privacy Statement by (1) clicking to accept or agree to the Privacy Statement, where this option is made available to you by Bione for any Service; or by (2) actually using the Services.
You agree and acknowledge that Bione has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Statement describes the only expectations of privacy any individual should have in terms of usage of the Bione Services, website, or other systems. If you have given consent for your Genetic Information, Microbiome Information and Self-Reported Information to be used in Bione Research as described in the provided Consent Document, we may disclose your information to third parties as described in the applicable Consent Document. Bione Research may be conducted on behalf of, sponsored by, or in collaboration with third parties, such as pharmaceutical companies, non-profit foundations or academic institutions. Bione Research may study a specific group or population, targets for therapeutics development or identify potential areas, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on genetic research initiatives, or otherwise create, commercialize, and apply this new knowledge to improve health care. Bione will never release your individual-level Genetic Information and/or Self-Reported Information to any third party without seeking for and receiving your explicit consent to do so, unless required by law.
Further, you acknowledge and agree that Bione is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or bona fide belief that such preservation or disclosure is necessary to: (a) to comply with legal process (such as a legal proceeding, court order, or government inquiry) or obligations that Bione may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Bione Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Bione, its employees, its users, its clients, and the public. In such an event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, Bione may, in its sole discretion, restrict access to the website for any reason.
Please see our Privacy Statement to know about data protection associated with your information. See our complete Privacy Statement here.
10. Limited License
You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person to whom such User Content belongs. This means that you, and not Bione, is entirely responsible for all User Content that you email, upload, post, or otherwise transmit via the Service.
You acknowledge that the Services content presented to you as part of the Services, whether original Bione Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by Bione and/or the sponsors who provide that content to Bione (or by other persons or companies on their behalf). Bione grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, any of the Services content with the exception of any content marked as not subject to this Limited License on the website, provided you: (i) provide the Services content as it appears on the Bione website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; (ii) agree you have no right to offer anyone else any further right with respect to this Services content. Apart from the Limited License provided in this paragraph, you may not rent, lease, modify, loan, distribute, sell, or create derivative works based on this Services content unless you have been specifically told that you may do so by Bione or by the owners of that content, in a separate agreement.
11.Customer Conduct – Unlawful and Prohibited Use
As a condition of your use of the Services, you warrant to Bione that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that may possibly damage, overburden, or disable the Services or interfere with the other party’s use and enjoyment of the Services. You may not obtain or try to obtain any materials or information through any means not intentionally made available or provided for through the Services. You may not use the Services outside of the country to which your sample collection kit was shipped from Bione. Furthermore you agree to not use the Services to: (i) email, upload, post, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, like slurs, epithets, or anything which may reasonably be construed as harassment or disparagement based on color, race, sex, sexual orientation, age, disability, national origin, religious or political beliefs, or other statutorily protected status; (ii) impersonate any person or entity, including, but not limited to, anyone affiliated with Bione, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) add your own headers, forge headers, or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Service; (iv) “stalk” or otherwise harass another; (v) upload, post, email, or otherwise transmit any content which you don’t have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as a part of employment relationships or under nondisclosure agreements); (vi) use any information received through the Services to try to identify other customers, to contact other customers (other than through features for contacting other users such as DNA Relatives offered pursuant to the Services), or for any forensic use; (vii) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (viii) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of Bione or any other party; (ix) harm minors in any way; (x) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (xi) email, upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other sort of solicitation, except in those areas that are designated for such purpose and only to the extent such content is permitted by law; (12) upload, post, email, or otherwise transmit any material that contains software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by Bione; (14) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Bione’s website; (15) attempt to or actually override any security component of Bione web services; (16) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (17) violate these Terms of Service, any code of conduct or other guidelines which might be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with Bione; or (18) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you will be solely responsible and that Bione has no responsibility to you or to any third party for any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which Bione may suffer) of any such breach. In case of breach of any one of these agreements, Bione has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Bione and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or Bione has a reasonable ground to suspect that you have violated the terms of this Section, Bione has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
12. Export Control and Applicable Laws and Regulations
Keeping in mind the global nature of the Internet, you agree to comply with all local rules in relation to online conduct and acceptable content. Specifically, you agree i) that providing your sample is not subject to any export ban or any other restriction in the country in which you reside, ii) that your sample and data may be transferred and/or processed outside the country in which you reside, and iii) that you will comply with all related laws regarding the transmission of technical data exported from India or the country from which you access any Service online.
13. Material Posted Through The Service
Bione will not, at all times, manage any of the User Content posted via the Service and, however, does not guarantee the accuracy, integrity, or quality of such non-Bione content. You understand that by using the Services, you might be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Bione be responsible in any way for any non-Bione content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.
You acknowledge that Bione and its designees shall have the right but not the obligation and in their sole discretion to pre-screen, modify, filter, deny, or move any content that is available via the Services. Without limiting the foregoing, Bione and its designees shall have the right to remove any content that violates the Terms of Service or is deemed by Bione, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the completeness, usefulness, or accuracy of such content.
14. Material Provided to Bione – Your Proprietary Rights
- Genetic and/or Self-Reported Information:Disclosure of individual-level Genetic Information and/or Self-Reported Information to third parties for research purposes will not occur without explicit consent. Note that Bione cannot control any further distribution of Genetic and/or Self-Reported Information that you share publicly on the Bione website. You acknowledge and agree that you are responsible for protecting and enforcing your rights and that Bione has no obligation to do so on your behalf.
Your saliva sample, once submitted to and analyzed by us, is processed in an irretrievable manner and cannot be returned to you. See our website for more information on sample processing. Any Genetic Information derived from your saliva remains your information, subject to rights we retain as set forth in these Terms of Service. You understand that you must not expect any financial benefit from Bione as a result of having your Genetic Information processed; made available to you; or, as provided in our Privacy Statement and these Terms of Service, shared with or included in Aggregated Genetic and Self-Reported Information shared with any research partner.
- User Content: Bione does not claim ownership of the User Content you provide to Bione (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you maintain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give Bione, its affiliated companies, sub-licensees (including but not limited to sub-licensees who utilize the Limited License granted in Section 9 above) and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license is inclusive of a right for Bione to make such User Content available to other companies, organizations, or individuals with whom Bione has relationships, and to use such User Content in reference with the provision of those services.
You understand that Bione, in performing the requisite technical steps to provide the Services to our users, may (a) distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall allow Bione to take these actions. You represent and warrant to Bione that you have all the rights, power, and authority needed to grant the above license.
- Waiver of Property Rights: As stated above, you understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you do not get a right in any research or commercial products that may be developed by Bione or its collaborating partners. You understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.
You agree to protect and hold Bione, and its subsidiaries, affiliates, agents, contractors, officers, employees, partners, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of these Terms of Services; or your violation of any rights of another.
If you have provided a saliva sample or otherwise provided your own Genetic Information, you will protect and hold harmless Bione, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from genotyping your saliva sample and/or analyzing your Genetic Information, which is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools we provide. Additionally, if you choose to provide your Genetic and/or Self-Reported Information to third parties – whether individuals to whom you facilitate access, intentionally or unintentionally, or to third parties for diagnostic or other purposes – you agree to defend and hold harmless Bione, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Genetic and/or Self-Reported Information.
16. No Resale of Service
Other than pursuant to the terms of the Limited License in Section 9 of this Terms of Service or unless otherwise agreed in a separate agreement between you and Bione, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
17. General Practices Regarding Use and Storage
You acknowledge that Bione may set up general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be stored by the Service, the maximum disk space that will be allotted on Bione’s servers on your behalf, and the maximum number of times and the maximum duration you may access the Services in a given period of time. You acknowledge and agree that Bione has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of Genetic Information due to destruction of data servers or other catastrophic events. You further acknowledge that Bione reserves the right to modify these general practices and limits in its sole discretion.
18. Modifications to Service
Bione reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice at any time. You acknowledge and agree that (i) such modifications may result in a delay in computations for some of the Bione features or Services, and (ii) Bione will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
The Software that you use may from time to time automatically download and install updates from Bione. These updates are intended to advance, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit Bione to deliver these to you) as part of your use of the Services.
You acknowledge that Bione may offer additional technologies or features to collect and/or interpret Genetic Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Genetic Information without fee, and that you will have to pay additional fees in order to have your Genetic Information collected, processed, and/or interpreted using any future or additional technologies or features.
The Terms of Service will continue to be in force until terminated by either you or Bione as set out in this Section.
If you want to terminate your legal agreement with Bione, you may do so by deleting your Bione account and data within your Account Settings. Once you submit your request, we will send an email to the email address linked to your Bione account asking you to confirm your request. Upon receiving your confirmation we will process your request to delete your data, and you will no longer be able to sign-in to your account.
Bione may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the Terms of Service (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the Terms of Service); (2) Bione is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom Bione offered the Services to you has terminated its relationship with Bione or ceased to offer the Services to you; (4) Bione is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by Bione is, in Bione’s opinion, no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity which will be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Bione shall not be liable to you or any third party for any termination of your access to the Services.
20. Survival of Terms
When the Terms of Service come to an end, all of the legal rights, obligations, and liabilities that you and Bione have benefited from, been subject to (or which have accrued over time while the Terms of Service have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Sections 1. (Definitions); 2. (Acceptance of Terms); 3. (Prerequisites); 4. (Description of the Services); 5. (Risks and Considerations Regarding Bione Services); 6. (User Representations); 7. (Account Creation, Customer Account, Password and Security Obligations); 8. (Bione Privacy Statement and Disclosure of Information); 9. (Customer Conduct – Unlawful and Prohibited Use); 10. (Export Control and Applicable Laws and Regulations); 12. (Material Posted through the Service); 13. (Material Provided to Bione – Your Proprietary Rights); 14.(Indemnity); 15. (No Resale of Services); 16. (Termination); 17. (Survival of Terms); 18. (Dealings with Information Providers and Listed Resources); 19. (Hyperlinks and Bione Website); 20. (Bione Proprietary Rights); 21. (DISCLAIMER OF WARRANTIES); 22. (LIMITATION OF LIABILITY); 23. (Notice); 24. (Violation or Suspected Violation of Terms of Service); 25. (Dispute Resolution); and 26. (Miscellaneous) shall continue to apply to such rights, obligations, and liabilities indefinitely.
21. Dealings with Information Providers and Listed Resources
Your correspondence or business dealings with or participation in promotions of-information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that Bione shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
22. Hyperlinks and the Bione Website
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Bione has no control over such sites and resources, you acknowledge and agree that Bione is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Bione shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
23. Bione’s Proprietary Rights
You acknowledge and agree that Bione (or Bione’s licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Bione and that you shall not disclose such information without Bione’s prior written consent.
You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Bione, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of Bione and/or its suppliers.
Bione Ventures Private Limited, Bione, and other Bione logos and product and service names are trademarks of Bione and these marks together with any other Bione trade names, service marks, logos, domain names, and other distinctive brand features are the “Bione Marks” . Unless you have agreed otherwise in writing with Bione, other than through the Limited License in Section 9, nothing in the Terms of Service gives you a right to use any Bione Marks and you agree not to display, or use in any manner, Bione Marks
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by Bione, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
Bione grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Bione, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Bione, in the manner permitted by the Terms of Service. Unless Bione has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Bione for use in accessing the Service. Any rights not expressly granted herein are reserved.
24. Disclaimer of Warranties
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. BIONE 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) BIONE 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 AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIONE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. BIONE DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, BIONE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
25. Limitation of Liability
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BIONE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
Official notices related to this Terms of Service must be sent to us at:
Bione Ventures Private Limited
#404, 4th Floor, Brigade IRV Center, Nallurahalli, Whitefield Bangalore-560066,
Additionally, Bione accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
27. Changes to the Terms of Service
Bione may make changes to the Terms of Service from time to time. When these changes are made, Bione will make a new copy of the Terms of Service available on its website and any new additional terms will be made available to you from within, or through, the affected Services. The revised Terms of Service will be effective on or after the posted date. If we make a material change to the Terms of Service, we will provide you with notice thirty (30) days prior to the effective date of the change by posting a notice on our website or sending a message to the email address associated with your account. Unless you notify us within thirty (30) days from the time you receive notice of the new terms that you do not agree to the terms, you will be deemed to have agreed to the new Terms of Service. If any change to the Terms of Service is unacceptable to you, you may stop using our Services and delete your account at any time. You acknowledge and agree that if you use the Services after the date on which the Terms of Service have changed, Bione will treat your use as acceptance of the updated Terms of Service.
28. Violation or Suspected Violation of Terms of Service
If you violate the terms of these Terms of Service and/or Bione has a reasonable ground to suspect that you have violated the terms of these Terms of Service, Bione has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
- Entire Agreement:The Terms of Service constitute the entire agreement between you and Bione and govern your use of the Services, superseding any prior agreements between you and Bione on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software
- Waiver:The failure of Bione to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
- Admissibility of printed version:A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Section titles:The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
- Severability Clause:If any portion of these Terms of Service is found to be unenforceable, the remaining portion will remain in full force and effect.
- Assignment: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Bione for any third party that assumes our rights and obligations under this Agreement.
All dispute arising out of or in relation to the Privacy Statement shall be governed by the laws of India and the courts at Bengaluru shall have exclusive jurisdiction.