The following terms, or “Terms” are the rules that govern (i) the access to the REVELAbiome Platform and (ii) the purchase and use of the REVELAbiome Kits, supplied by GNUBIOTICS SCIENCES S.A. (“GNUBIOTICS” or “us”).

By using or purchasing our services and products, any person who is the minimum age required by law to be eligible to contract in his/her country of residency (the “User” or “you”) agrees to comply with and be bound by these Terms. These Terms also incorporate by reference GNUBIOTICS’s Privacy Policy as it may be updated from time to time.

REVELAbiome Platform is currently only designed to allow users to visualize results obtained through the use of REVELAbiome Kits. Any other use is prohibited. USER SHALL NOT USE IT FOR ANY OTHER USE AND IN PARTICULAR FOR CLINICAL USE IN HUMAN (DIAGNOSTIC, PROGNOSTIC, OR THERAPEUTIC).

Definitions

In these Terms, the following definitions apply:

“Account”: online account created by the User on the REVELAbiome Platform to access certain of our Products.

“Products”: REVELAbiome Kits and REVELAbiome Platform, also including any of their component and associated documentation.

“Results”: set of results related to a specific Sample obtained through a Run. In particular, Results may be materialized in a specific report such as BiomePrint report (whether in downloadable file or directly displayed on the REVELAbiome Platform web interface).

“REVELAbiome Kit(s)”: sampling kit(s) sold under the GNUBIOTICS trademark by GNUBIOTICS or its distributors, used to collect Samples from cats and dogs in view of performing a Run.

“REVELAbiome Platform”: web platform operated by or on behalf of GNUBIOTICS allowing to perform Runs and to generate, visualize and download Results.

“Run”: one analysis of a specific Sample by REVELAbiome Platform in view of generating Results.

“Sample”: biological data, including genetic data, resulting from collection from animals using a REVELAbiome Kit.

“User Material”: all information, data, file or material of any kind provided or made available by the User to GNUBIOTICS in accordance with the Terms. For the avoidance of doubt, all answers from the User to the REVELAbiome questionnaires and forms shall be deemed to be User Material.

Scope of the Terms

Purchasing and using the Products is subject to the full acceptance of these Terms. By using our Product (and by registering your Sample) you hereby accept without limitation the Terms. If you don’t accept the Terms, you are not allowed to use our Products.

GNUBIOTICS may update or change this Terms at any time without prior notice. You shall always ensure you agree with any new version of these Terms. From time to time, you may use other GNUBIOTICS’ services, contents, or products subject to additional terms and conditions. Unless otherwise mentioned by GNUBIOTICS, these additional terms and conditions are hereby incorporated by reference in the Terms.

Use and Description of Products

GNUBIOTICS authorizes you to use the Products to collect Sample and perform Runs to obtain Results. For clarity, GNUBIOTICS is solely in charge to choose the technologies used to operate or included in its Products and may freely change such technologies without prior notice.

To obtain Results, you must use one REVELAbiome Kit in accordance with its instructions of use. One REVELAbiome Kit enables to perform only one Run and access to the corresponding Results. Results remain available for a period of one (1) year and may be downloaded as many times as you wish during this period.

You must verify and you are solely liable to confirm the appropriateness of the Products for your particular use. You acknowledge that GNUBIOTICS reserves the right to modify the Products to improve their performance and design. Before each use or access to any of our Products you shall ensure the version of the Products is still consistent with your needs.

The Products do not include any storage services. Thus, you acknowledge and agree that any User Material may be disposed of and may not be returned to you. You are solely responsible to keep backup of any User Material you provided to GNUBIOTICS. Samples will be kept and/or destroyed by GNUBIOTICS and not be returned. Additionally, you acknowledge that GNUBIOTICS may establish good practices or limitations concerning use of certain of our Products, in particular concerning the REVELAbiome Platform (e.g. maximum storage space or time, maximum Runs over a period of time, etc.).

Maintenance – Update

GNUBIOTICS retains the right to temporarily suspend access to whole or part of the REVELAbiome Platform, in particular in the event of maintenance, adjustment, or improvement of the REVELAbiome Platform and/or any infrastructure of GNUBIOTICS. GNUBIOTICS will make reasonable efforts to have such suspension take place outside of normal business hours as much as possible and to inform you in good time of the scheduled suspension.
Such maintenance is necessary to ensure the proper provision of the REVELAbiome Platform by GNUBIOTICS and you acknowledge and accept it. GNUBIOTICS shall never be obliged to pay you any damage nor be liable in any way, due to such suspension of the REVELAbiome Platform.

GNUBIOTICS shall be entitled to periodically modify (implementation, adjustment, update, improvement, upgrade/downgrade, etc.) the versions of the Products. You acknowledge and accept that the Run shall be performed on the then current version of the REVELAbiome Platform available at the time the Run is performed. Likewise, Results will be visualized and stored on the then current version of the REVELAbiome Platform available at the time of your connection. GNUBIOTICS shall never be obliged to pay you any damage nor be liable in any way, due to adjusting, updating or modifying the REVELAbiome Platform.

Support

You may report issues by email at info@revelabiome.com.

GNUBIOTICS and its service providers will use reasonable efforts to troubleshoot and address issues raised by you, consistent with efforts used by GNUBIOTICS for its other customers during Swiss normal business hours. For clarity, GNUBIOTICS is under no obligation to perform specific modification or maintenance upon your request.

Account

The creation of an Account is necessary to use certain of our Products (e.g. REVELAbiome Platform). You shall provide true, accurate, complete and up to date information in order to create your Account. Such Account and any information stored in it, are and remain the sole property of GNUBIOTICS. You are only provided with a limited conditional and temporary right to access such Account to generate, visualize and manage Results.

Each User shall have its personal Account and ensure the security of its credentials.

You are free to delete your Account through the relevant functionality accessible inside your Account or by sending an email to GNUBIOTICS at info@revelabiome.com. Your Account shall also be automatically deleted in case it remains inactive for an uninterrupted period of five (5) years. Any information stored on your Account will then be permanently deleted, unless the retention of some elements is otherwise specified in these Terms or required by any applicable law, regulation or court decision. Hence, you shall ensure you downloaded all Results before deleting your Account.

Notwithstanding the foregoing, you acknowledge and agree that, should your Account be deleted for any reason, GNUBIOTICS will remain free to keep, and use, for whatever purpose, any data which were stored on the Account before its deletion and which are not personal data, in particular data related to Samples, Results, or User Material.

GNUBIOTICS reserves the right to temporarily or indefinitely lock, suspend or terminate your Account if you are violating the present Terms or the applicable laws or if GNUBIOTICS has reasonable ground to suspect the same.

Purchase, Use, Replacement, and Refund of REVELAbiome Kits

Purchase.

User may buy REVELAbiome Kits through dedicated website or through any third-party distributor. If bought from third-party distributor, User shall comply with terms and conditions applied by such third-party. GNUBIOTICS has no responsibility nor liability concerning such conditions.

All information related to the REVELAbiome Kits (descriptions, prices, availability, delivery method, etc.) is listed on the relevant website page. We make our best effort to ensure that all information relating to our Products published on the website is accurate, but we cannot guarantee the absence of inaccuracies or errors. In the event a product is listed with incorrect price or details, we reserve the right to refuse or cancel any orders placed that includes a mistake.

We reserve the right to change these items at any time. Only the prices, terms and conditions and features indicated at the time of the order will apply. When you use non-instantaneous payment method, the applicable rate is the one in force at the time of the actual order. Prices are applicable in the currency mentioned on the payment page, excluding taxes and do not include the costs related to a particular payment method you may choose. The total value of the order including all applicable taxes and delivery charges is indicated in the checkout screen.

The available payment methods are indicated on the dedicated web page. They are subject to change, in particular due to the practices and rules applicable in certain countries. We are in no way responsible for the unavailability of a payment method in your country of residency. Our Products may include payment facilities via third party payment services. If you use such services (from payment intermediaries or online payment services, such as Paypal® or e-payment card services) you are responsible for checking the terms of use and prices of such services. We are not responsible for these third-party services. Likewise, all conditions of use, data privacy implications and any fees associated with these services are your sole responsibility. We are in no way responsible for any fraudulent use of your payment methods or your Account.

You are responsible to provide us with accurate information in connection with your order. GNUBIOTICS is not responsible nor liable for delay or incapacity to deliver the REVELAbiome Kit resulting from any inaccuracies.

You warrant that you have all necessary rights and permissions to place an order.

Delivery.

Your order may only be shipped after your payment has been approved and all other necessary verifications have been completed.

The delivery deadline for the REVELAbiome Kits is not an essential term of our agreement. We make our best efforts to deliver your products within our estimated delivery times, if any, but actual delivery times are outside of our control. Any dates we give you for delivery are approximate only. We cannot be responsible for any loss or disappointment caused by delays.

If your payment is not received (or is reversed) but you have received the REVELAbiome Kit, you must pay for them or return them in accordance with our reasonable instructions, without damage and at your own expense. If you do not do this, we may collect or arrange for collection and we may charge you for costs and damage.

Risk of loss and title to the REVELAbiome Kit will pass to you when you take physical possession of the products provided that your payment has been made in full. In any event, once the REVELAbiome Kits are delivered to the shipping address you provide, they will become your responsibility and we no longer have any responsibility for taking care of the REVELAbiome Kits from that point.

Use.

THE REVELABIOME KITS ARE ONLY INTENDED TO BE USED TO COLLECT SAMPLES FROM CATS AND DOGS. NO OTHER ANIMAL. NO HUMAN.

You acknowledge that the REVELAbiome Kits shall only be used in accordance with this Terms and their instructions. GNUBIOTICS bears no responsibility and no liability of any kind in the event of improper use.

Replacement and Refund.

In the event a REVELAbiome Kit is lost or damaged or the Run failed through no fault or negligence of the User, GNUBIOTICS accepts to resend a new REVELAbiome Kit at no additional charge.

In the event the Run fails a second time, we will not send you another REVELAbiome Kit. In this situation, we will refund you the price you paid.

Refund may be accepted at GNUBIOTICS’s discretion before its use and subject that you notify us at least thirty (30) days after your order. You shall return the REVELAbiome Kit unused at least seven (7) days following our acceptance for return. These timelines are mandatory. If you fail to notify us or return the kit in said timelines, your refund will not be accepted or will be reversed. Once a REVELAbiome Kit is used, no refund of the corresponding REVELAbiome Kit may be granted. In any case, refund is granted subject to the proper return of the REVELAbiome Kit.

Results and Information Security

Results and information made available in relation with the Products are stored using business reasonable and standard practices in data storage and encryption for such type of information.

You acknowledge and agree that any IT system, online information service, or SaaS application may be subject to cyber-attack. GNUBIOTICS makes no representation or warranty that such attack may not happen or will be automatically detected and/or prevented.

You represent and warrant not to provide, transfer or communicate to GNUBIOTICS any component that may qualify or contain any virus, malware, spyware, worm, file infector, or other limiting design or instruction, data collection or harvesting software or devices that could erase data or programs, render our Products inoperable or negatively impact our Products.

Intellectual Property Rights

By providing GNUBIOTICS with User Material, you grant GNUBIOTICS with a license to use User Material in any way we deem fit. This license is to GNUBIOTICS and any of our successors and sublicensees a worldwide, fully paid-up, royalty-free, assignable, sublicensable license for the whole duration of the existence of the rights so licensed. You understand and agree that GNUBIOTICS may transmit or distribute your User Material and make any change to it as necessary to permit GNUBIOTICS to make it conform to any requirements. You acknowledge and agree that this license shall permit GNUBIOTICS to take these actions.

GNUBIOTICS remains the sole owner of the Results and we are fully entitled to use, protect, and exploit it as we deem fit. By submitting User Material, it is understood that you agree that the User Material, Results and related information may be used by GNUBIOTICS in conjunction with other samples to increase GNUBIOTICS’ know-how, in relation with Products, as well as for internal, research and development, or statistical purposes whether alone or in collaboration with third parties. You are entitled to no financial benefit of any kind.

You agree that GNUBIOTICS is fully entitled to share Results, User Material, and related information with veterinaries or other animal health professionals, in particular if you designated one who treats your pets and may be interested in receiving such information.

You agree that our Product themselves or the information and material they contain are protected by proprietary rights. In particular, trademarks, logo, and all designs, text, graphics, software, and the selection and arrangement thereof are the intellectual property of GNUBIOTICS and/or third parties and protected under intellectual property laws and regulation.

Subject to the full compliance with these Terms and complete payment of any amount due, you are granted with a limited, fee-bearing, personal, non-assignable, non-sublicensable right to use the Products and Results. Such license excludes the right to make any commercial exploitation of the Products or Results. You cannot sale, resale, manufacture, lease, lend, or provide access to our Products. You are free to use, copy, download, transfer and use Results in any way authorized hereunder, but only to the extent that it does not prevent nor restrict the use, exploitation, or protection of the Results by GNUBIOTICS, and provided that GNUBIOTICS does not provide any warranty nor bear any liability for any use of Results. Notably, but not limited to the following, you are expressly prohibited to (or to permit others to) copy, modify, adapt, translate, reproduce, represent, or reverse engineer any portion of the REVELAbiome Platform, its content or materials; remove any copyright, trademark or other proprietary rights notices contained in the REVELAbiome Platform. Any use of our Products other than as specifically authorized herein, without the prior written permission of GNUBIOTICS, is strictly prohibited and may, at GNUBIOTICS’ sole discretion, constitute a cause of termination of the license granted herein and a suspension or termination of your Account. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications, regulations and statutes.

Privacy Policy on Personal Data

You acknowledge and accept that we collected and/or processed your personal data in accordance with our privacy policy available [here].

Confidentiality

Any personal data you submit on the REVELAbiome Platform and that is not in the public domain shall be deemed confidential and treated as such by GNUBIOTICS.

Information that you may gain knowledge of in relation with GNUBIOTICS or our Products shall be deemed confidential and shall not be transferred to any third party without the prior written consent of GNUBIOTICS.

Considerations Regarding Results and Information Relating to Your Animal’s Health

GNUBIOTICS does not provide medical prescription or medical advice. When we provide to you a recommendation based on the use of our Products, Results or other resources (such as scientific literature or research), this information is intended for informational purpose only. We only provide general information for discussion with a professional you will contact and be responsible for. Only a trained veterinarian or other animal health care provider can provide prescriptions considering several information to assess and take care of the current state of health or disease of your cat and dog.

GNUBIOTICS does not endorse, warrant, or guarantee the effectiveness, the suitability, the accuracy or the adequacy of any information that may be published or made available on our website: course of action, external documentation or hyperlinks, tests, veterinarians or other animal health care providers, companies, drugs, biologics, medical devices or other products, procedures, opinions. Therefore, you agree to be solely responsible and liable for the use of the Results, and any consequences related thereto, by you, or by any third party on your behalf.

You shall never take any decision, initiate, stop, or modify any course of treatment or health behavior of your cat or dog based on the sole basis of Results without a full, comprehensive diagnostic from a professional animal healthcare provider.

In certain situations, the Run performed on a Sample from a cat or dog may fail and it may happen that a specific cat or dog’s Sample cannot be analyzed for reasons outside our comprehension. We cannot warrant that a Run can always be performed. We will try no more than two (2) times to perform a Run on Samples collected from the same cat or dog. In such situation, you will be entitled to a refund for the price you paid.

User Representations

You represent and warrant to always comply with applicable laws and take no action, upload, provide, send or transmit in any way any content that may violate any law or other regulation, infringing third party’s rights, or prejudice, offend or harass GNUBIOTICS or other users in any way. You agree to comply with all applicable rules regarding online conduct and acceptable content.

You represent and warrant to always comply with these Terms and acknowledge that any breach hereto may result in suspension or termination of your Account and/or access to our Products. Such suspension or termination may occur without prejudice to any other remedy available, claim or proceedings we may be entitled to.

You represent and warrant not to interfere with or disrupt in any way the use or distribution of our Products.

You understand and accept that all provision of these Terms shall apply, and that purchase/use of Products entails their full and unconditional acceptance.

You represent and warrant to GNUBIOTICS that you have all the rights, power, and authority necessary to grant any rights, license and representation hereunder.

You will create a personalized Account which includes unique credentials. You are responsible for maintaining the security of your Account and are fully liable for all activities that occur under your Account and any other actions taken in connection with your Account. GNUBIOTICS will not be liable for any losses or damages arising out of the unauthorized use of your Account. You are also responsible for the use of you credits and no reimbursement will be made in case of misuse of credits by you or through your Account.

You understand and accept that Products are not designed to provide independent diagnostic of animal health conditions. The Results only take into account the Sample and the limited markers used by the REVELAbiome Platform. They shall be analyzed with a professional and they may be inaccurate, misinterpreted.

You understand and accept that GNUBIOTICS may hire contractors, successors, and assignees to perform any of its obligation hereunder and that any User Material may be provided to such third parties. Consequently, you hereby accept that GNUBIOTICS may transfer, assign, delegate any of its obligations to any third party or mandate any third party to perform any of its obligations.

You shall only use our Products in accordance with their respective instructions of use, with reasonable care and caution. You may not use the REVELAbiome Platform in any manner that could damage, disable, overburden, or impair the servers or networks, or interfere with any other party’s use and enjoyment of the REVELAbiome Platform.

You are solely responsible and liable to ensure that none of the User Material may be subject to export control or to any legal, technical or regulatory restrictions that would prevent the provision of Products or Results by GNUBIOTICS.

You understand and accept that User Material and Results may be transferred or processed outside the country of residency.

You understand that by providing any User Material, you acquire no rights in or to any of GNUBIOTICS’s current or future technology, products or services. You specifically understand that you will not receive compensation for any research or commercial products that include whole or part of your User Material.

You are solely liable for the use of Results, and for conclusions drawn from the same. You shall ensure, ascertain, confirm any Results with a professional animal health care provider.

You are responsible and liable to provide GNUBIOTICS with accurate information and Sample. We shall have no liability for any damage caused by errors or omissions due to any information or instructions provided to GNUBIOTICS by you in connection with the provision of our Products and in particular in the event of improper use of the REVELAbiome Kit.

In case of breach of any of these agreements or if GNUBIOTICS has reasonable ground to suspect that you breached or may be currently breaching any of these, GNUBIOTICS has the right to suspend or terminate your Account, refuse to provide you with Products and file any claim against you. In any such cases, you will defend and indemnify GNUBIOTICS and our affiliates against any liability, costs, or damages arising out of the breach and any associated proceedings.

Disclaimer of Warranties

In addition to any disclaimer of warranties in any other paragraph of these Terms, the following shall apply.

You acknowledge and agree that our Products are for research, informational, and educational use only. They are provided “AS-IS” and are based on the current state of the art of genetic research and technology in use by GNUBIOTICS at the time of the purchase or viewing. The REVELAbiome Kits and the REVELAbiome Platform are solely intended for use in cats and dogs. UNDER NO CIRCUMSTANCES SHOULD THEY BE USED TO COLLECT OR ANALYZE HUMAN SAMPLE. The Products are not intended to be used for any diagnostic purpose and are not a substitute for professional medical advice.

During the period of provision of the Products, GNUBIOTICS shall use reasonable efforts consistent with prevailing industry standards to maintain our Products in a manner which minimizes errors and interruptions in the services and shall provide the Products in a professional and workman-like manner. The Products may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond GNUBIOTICS’s reasonable control.

GNUBIOTICS excludes, to the maximum extent permitted by applicable laws, any warranty relating to damages or defects arising out of the use of the Products.

GNUBIOTICS makes no warranties that the Products or Results will meet your requirements, needs or expectations or will bear no defects, bugs or errors.

You acknowledge and accept that Results will relate to your cat or dog’s health and that some information inferred from the Results may not content you. You acknowledge and accept that we may be unable to perform valid Run on your cat or dog’s Sample and be unable to explain why.

Any material downloaded or otherwise obtained using the Products is done at your own discretion and risk and that you will be solely responsible for any damage you may suffer.

You agree to defend and hold GNUBIOTICS, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Material; your use of our Product; your violation of these Terms; or your violation of any applicable law or third party’s rights. In addition, if you choose to provide your User Material to third parties you agree to defend and hold harmless GNUBIOTICS, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your User Material.

Limitations of Liability

Notwithstanding the above, GNUBIOTICS’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance described by these Terms shall be limited to the price you actually paid for the REVELAbiome Kit at issue.

In any event, GNUBIOTICS shall not be liable for any special, indirect or consequential loss, costs, damages, charges or expenses, including without limitation loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, arising in connection with the Products or these Terms.

Export Control and Applicable Laws and Regulations

You agree and warrant that providing User Material is not subject to any export ban or restriction in the country in which you reside and that your User Material may be transferred and/or processed outside your country of residency. You shall comply with any applicable laws regarding the transmission of technical data exported from/to Switzerland and from/to country from which you access or use Products.

Force Majeure

GNUBIOTICS shall have no liability to you under these Terms if it is prevented from or delayed in performing its obligations under these Terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of GNUBIOTICS or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of GNUBIOTICS or sub-contractors, provided that you are notified of such an event and its expected duration.

Miscellaneous

Performance by third party or assignment to third party. GNUBIOTICS may perform any of its obligation directly or through any third party such as contractor, affiliate, agent. GNUBIOTICS may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.

Applicable law and litigation resolution. These Terms shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of Switzerland to the exclusion of any of its conflicts of law principles and provisions of the United Nations Convention for the International Sale of Goods. Any controversy, dispute or claim arising out of or related to these Terms or your use of the Products must be filed within twelve (12) months after such claim or cause of action arose and shall be settled by the courts of Geneva, Switzerland. After this period, the controversy, dispute of claim is barred forever, and you lose any right or ground to rise it.

Waiver. The failure of GNUBIOTICS to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision or for other rights or provisions hereunder.