Terms of Service

User Research Philosophy

By using this website, and all related tools and services (collectively the “Services”), you indicate your unconditional acceptance of the following Terms and Conditions.

1. Terms of Use

• Company

“Company”, “CJ Bioscience”, “EzBiome”, “we”, “us”, or “our” shall refer to CJ Bioscience, Inc.

• Site

“Site” shall refer to any of the Company’s family websites, including www.ezbiome.app, www.ezbiocloud.net, www.truebacid.com, www.cjbioscience.com, and 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. 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” or “Identification”, refer to the microbial-isolate identification services which the Company provides through the Site.

• Metagenomics

“Metagenomics”, refers to the clinical metagenomics service which the Company provides through the Site.

• Microbiome analysis

“Microbiome analysis”, refers to the microbiome analysis services which the Company provides through the Site.

• Sample

A sample consists of FASTQ, FASTA, or AB1 files containing nucleotide sequences of targeted amplicons (i.e., 16S, ITS, etc.), whole metagenomes, or individual microbial genomic sequences. A file(s) may be generated from any sequencing platform. The sample may refer to either a single file or two files for paired-end sequencing library.

• Service

Services on the Site can be used either for free or for a fee.

• Credit

The User needs to purchase Credits to use any paid services on the Site.

• Complimentary Contents

The Company may provide complimentary content such as public Human Microbiome and/or Environmental Microbiome data to help the User for both free and 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”). 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 an 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 any losses or damage caused by your failure to safeguard your Login Credentials. For your convenience as an EzBiome Bioinformatics App’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 under My Information.

1. Service and License

   1. Company and Site

The Company may make available the Services for free or for a fee from time to time. Free services may require a login for Users to use and Users should register and log in to get the Credit. The Company shall provide 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 result from the free analysis services without prior notification.

1. KEGG Data

By means of its business license entered with Pathway Solutions Inc. (“Pathway”), the 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:

• You may not market, sell, distribute, or sublicense any KEGG Data or otherwise provide KEGG Data in any form to any third party;

• You may use the KEGG Data obtained via the Company only for the duration for which your license is valid and You have paid all outstanding license and subscription fees. Following expiration or termination of such license, You must delete and destroy (at Your own cost and expense) any such data in Your possession, and immediately cease using it for any purpose;

• 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;

• 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 You;

• You agree that your use of KEGG Data through the Company does not entitle you to receive support from Kanehisa Laboratories or Pathway.

You are entitled to incorporate portions of the KEGG Data made available via the 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. File Transmission

The User transmits the Sample files to the Site in the ways the 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 analysis and delete it upon the completion of the analysis. In the case that the User wants the Company to upload or handle user data files manually, the Company may charge an additional cost for customization and/or any extra data handling requested by either free services or paid license users.

1. Usage Limitations

All free services provided by the Company shall be available only for researchers who are affiliated with non-profit academic institutions for publications. Any result/data from the free services shall not be used in commercial projects, development of own products/databases, or the user’s own benefit. Users must provide citations and proper attribution to the Company.

1. Research Purpose Only

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 non-human animals. You agree not to use any content or analysis results from the Services for either commercial purposes or any lawsuit.

1. Disclaimer of Warranties

The Site, Services, and accompanying documentation are provided “as is” without warranty of any kind, either expressed or implied. CJ BIOSCIENCE EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In no event shall CJ BIOSCIENCE be liable for any loss of profit or any other commercial damage including but not limited to special, incidental, consequential, or other damages.

1. Liability

Your use of the Site, any website linked through the Site, and any material available on the Site is entirely at your own risk. In no event shall the Company or its agents, affiliates, partners, or licensors (collectively, “Affiliates”) be liable for any direct, special, indirect, incidental, consequential, or punitive damages, or any damages whatsoever, resulting from loss related to the use of the site or the content contained herein regardless of the type of claim or the nature of the cause of action, even if the site owner has been advised of the possibility of such damage or loss. None of the site owners or Affiliates shall be responsible for lost profits, revenues, data, or financial losses associated with the use of this Site or the materials contained herein. In the event any exclusion or limitation of liability is limited by law, such liability is limited to the fullest extent permitted by law. Any disclaimer of liability that is provided in connection with any Service described on the Site shall be limited to the warranties provided in the documents of sale of such product, and any limitations included therein. You are responsible for the correct handling of any Services. The Company shall not assume any liability for damages resulting from wrong handling of such products and services.

1. Indemnity

By using our Services, you agree to indemnify, hold harmless and defend the Company from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services.

1. Third-Party Content

Any link contained on this Site that provides access to third-party resources or content is provided for convenience only. The Company does not express any opinion on or endorsement of the content of any such third-party links and expressly disclaims any liability for the quality, content, nature, or reliability of any such third-party resources and the information, products, and services found thereon.

1. Payment

You agree that CJ Bioscience may charge you for any services, subscriptions, or database licenses 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. CJ Bioscience may require an advance payment for some or all of the Services and may impose technical limitations which limit the incurrence of fees beyond pre-paid amounts; provided that CJ Bioscience 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 CJ BIOSCIENCE 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 expressly set forth on our Services as updated from time to time, CJ Bioscience 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 at 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 the Company’s Privacy Policy.

1. Copyright and Trademark

The Site Owner owns the copyright of 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 the applicable laws and copyright laws of Republic of Korea and international. 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 of any such trademarks.

1. 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 the 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 the Company server secure and stable, the 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 the User to access the service without any limitation again, the User may have to declare the alleged breach of these Terms and Conditions and show no intention of harm or damage to the Company’s servers.

1. 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 notifying the user. As for the Complimentary Data, the User may use the complimentary dataset with his/her own data set. However, all the complimentary 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 complimentary dataset to any other third parties without the Company’s written permission.

1. Privacy Policy

For your convenience as an EzBiome Bioinformatics App’s user, all information that you provide to Company is subject to our Privacy Policy. You are responsible for keeping your registration information up to date through your Account Settings page.

1. 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.

1. 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.

1. Terms of Termination

These Terms and Conditions shall apply for so long as a user accesses and/or uses the Services. We may terminate any user’s access to our Services, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms and Conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Services. The Company will have no obligation to provide a refund of any amounts previously paid to the Company. Upon termination of your account under these Terms and Conditions, all license rights granted by you to CJ Bioscience shall survive termination. Even after your right to use the Site and Service are terminated or suspended, these Terms and Conditions will remain enforceable against you. The User may unregister or terminate the license agreement. The User should give the Company notice of closing and follow the designated procedure which may require an agreement. You agree that your personal information and all the biological data and analysis results will be deleted permanently and no longer available once you close your account.

1. Amendments

We reserve the right to change these Terms and Conditions at any time by publishing the amended Terms and Conditions on the Site. You should visit this page from time to time to review updates to the Terms and Conditions that are binding upon you. Certain Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular web pages visited by you or in correspondence sent to you. The User should agree to the updated Terms and Conditions to keep using the Services and/or Site.

1. Severability

If any of these Terms and Conditions should be determined to be illegal, invalid, or otherwise unenforceable, then to the extent that the provision of Terms and Conditions is illegal, invalid, or unenforceable, it shall be severed and deleted. The remaining provisions of the Terms and Conditions shall remain in full force and effect, and continue to be binding and enforceable. No waiver by the Company of breach of an obligation arising under these Terms and Service shall constitute a waiver of any other breach.

1. Contact Information

If you have any questions or complaints regarding our Terms and Conditions, please contact us. We appreciate your comments and will do our best to respond to your request.

CJ Bioscience Inc., [GRAND CENTRAL area B, 7F] 14, Sejong-daero, Jung-gu, Seoul, Republic of Korea

TEL; [phone]; FAX: [phone]; E-Mail: [e-mail]

EzBiome Inc., 704 Quince Orchard Road, Suite 250, Gaithersburg, Maryland 20878, USA

TEL; [phone]; FAX: [phone]; E-Mail: [e-mail]