Angler Terms of Use | Benthic Genomics

Base5 Genomics, Inc.

ANGLER IMPUTATION™

Angler Imputation™ is a variant imputation analysis platform provided and operated by Base5 Genomics, Inc. dba Benthic Genomics, a Delaware corporation (“Benthic,” “we,” “us,” and/or “our”), located at 950 Page Mill Road, Suite 203, Palo Alto, CA https://www.benthic.bio/ (including all the areas available through such platform, the “Site”) and the Services (as defined below). Before using our Services, please carefully read these Terms of Use (“Terms”). These Terms govern your use of the Services.

ACCEPTANCE OF TERMS.

By creating an account or using the Services, you (“User” or “you”) acknowledge and agree to these legally binding Terms. You also agree that you have reviewed the Benthic Privacy Policy available at https://www.benthic.bio/privacy-policy (“Privacy Policy”) and all other operational rules, policies, and procedures that may be published or otherwise made available on the Services, which are incorporated by reference.

You agree to use the Services for lawful purposes, and that you are responsible for all activity in connection with your use of the Services and in your communications with us, all of which must comply with these Terms. You hereby represent and warrant that you have the authority and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms on behalf of yourself and/or an entity, and that you are able to abide by and comply with these Terms.

BENTHIC VARIANT IMPUTATION SERVICES.

Through the Site, Benthic provides access to its proprietary variant imputation analysis for the statistical inference of unobserved genotypes, and related services, features, content, applications or products, including the outputs of the variant imputation services, together with the Site, the “Services”). The Services enable you to submit or upload data in VCF file format (“User Content”) via the Services for variant imputation, the outputs of which are referred to as “Jobs”. Jobs are emailed to you to the email address associated with your Account (defined below).

USER CONTENT UPLOADED OR SUBMITTED TO THE SERVICES MUST NOT BE ACCOMPANIED BY “PROTECTED HEALTH INFORMATION” (PHI) AS DEFINED IN 45 CFR 160.103 OR PERSONALLY IDENTIFIABLE INFORMATION AS DESCRIBED IN 5 USC SECTION 522.

We are NOT a data repository for any of your data, information or documentation, including but not limited to any Jobs that you create or User Content that submit via the Services, and that you are solely responsible for backing up your User Content and Jobs and/or keeping and maintaining such information or documentation in your personal records. ALL USER CONTENT AND JOBS ARE STORED BY BENTHIC FOR 24 HOURS AFTER SUBMISSION OR CREATION, RESPECTIVELY, AFTER WHICH THEY ARE PERMANENTLY DELETED AND CANNOT BE RETRIEVED.

Our Services may change from time to time and we reserve the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, integration, or Content), whether temporarily or permanently, at any time for any reason. You agree that Benthic shall not be liable to your or to any third party for any modification, suspension, or discontinuation of the Services. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

We may make certain software tools available to you in order to access and use the Services in accordance with these Terms. Depending on your subscription plan for the Services, you may choose to have us store data, materials, or other input that you submit or generate through use of the Services or you may choose to store the outputs of the Services on your own systems or with a cloud infrastructure provider of your choice.

While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, system down time for routine maintenance. You further acknowledge that there may be interruptions in the Services or events on third-party sites that may affect your use of the Services that are beyond our control to prevent or correct. Accordingly, we do not any responsibility for any connectivity issues that you may experience when using the Services or for any delays or loss of material, data, transactions or other information caused by system outages, whether planned or unplanned.

ACCOUNT CREATION, USE, AND CONDUCT.

Account Creation.

In order to use the Services, Users are required to have a Benthic login account (“Account”, as further described below) and provide certain information about such Account holder as prompted by the account registration form. You must be at least eighteen (18) years of age, or the age of majority in your applicable state, to register an account.

You represent and warrant that the information in your Account, and any other information you otherwise provide to us, is accurate, current, and complete information, and agree to update it and keep it accurate, current, and complete. Updates to your Account information may be made via the Services under “My Account”. We reserve the right to suspend or terminate your Account or your access to the Services if any information provided to us proves to be untrue, inaccurate, not current, or incomplete. You are solely responsible for maintaining the confidentiality of your Account and log-in credentials, and you agree to accept responsibility for all activities, charges, and damages that occur under your Account. Each individual User must maintain an individual user account with unique log-in credentials, including username and password.

It shall be a violation of these Terms to submit false information for registration or account maintenance, or to allow any other person to use your Account to participate in or otherwise use the Services. If you discover any unauthorized use of your Account, or other known Account-related security breach, you must report it to us immediately. You agree that you are responsible for anything that happens through your Account until you close your Account or prove that your Account security was compromised due to no fault of your own. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Use of the Account; Benthic Rights. As a condition of use, you agree not to use the Services for any purpose that is prohibited by the Terms or applicable law. We reserve the right to modify, suspend or discontinue all or any aspect of the Services with or without notice to you, including the suspension or takedown of any Form. If for any reason, we determine that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.

Prohibited Conduct. You understand and agree that you will not use the Services to engage in the following prohibited conduct:

You shall not use the Services for any illegal or fraudulent purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;

You shall not use the Services for purposes of competitive analysis, the development of a competing product or service, or any other purpose that is to our commercial disadvantage;

You shall not submit information or data to the Site that pertains or belongs to any other party without such party’s prior written consent, nor knowingly submit any false or fraudulent information or documentation;

You shall not use the Services to collect, use or disclose information that you do not have the consent to collect, use or disclose (including, but not limited to, the personally identifiable or confidential information of others, or information pertaining to minors under the age of 18 without parental consent);

You shall not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;

You shall not attempt to use any method to gain unauthorized access to any features of the Services;

You shall not directly or indirectly decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction;

You shall not directly or indirectly modify, translate, or otherwise create derivative works of any part of the Services;

You shall not directly or indirectly license, copy, sell, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder or commercially exploit the Services, in whole or in part;

You shall not directly or indirectly take any action that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;

You shall not directly or indirectly suggest or otherwise create a false appearance of affiliation with Benthic or indicate that Benthic otherwise endorses, sponsors, or is affiliated with any products or services, nor impersonate any person or entity, including any employee or representative of Benthic;

You shall not directly or indirectly introduce into the Services any materials containing software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Benthic or any third party;

You shall not directly or indirectly take any action that imposes or may impose (as determined by Benthic in its sole discretion) an unreasonable or disproportionately large load on Benthic’s or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; run any form of auto-responder or “spam” on the Service; or use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;

You shall not sell or otherwise transfer your Account; and

You are prohibited from using the Services in a manner that: constitutes a direct or specific threat of violence to others; is in furtherance of illegal activities; is harassing, hateful, libelous, defamatory, abusive, vulgar, obscene, or constitutes spam; is pornographic, predatory, sexually graphic, racist, offensive, harmful to a minor, or would otherwise violate the rights of any third party or give rise to civil or criminal liability.

USER CONTENT.

You acknowledge and agree that, except as otherwise expressly provided in these Terms or Privacy Policy, we are not responsible for any of your User Content, whether provided by you or others, or any information that you submit via the Services.

You represent and warrant to us that (a) you own the User Content, or you otherwise have the legal right to use it, and you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit the User Content to the Services; (b) your User Content and Feedback (defined below) will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein; (c) you have no agreement with or obligations to any third party with respect to the rights herein granted which conflict or interfere with or adversely affect any of the provisions of these Terms or Privacy Policy, or the use or enjoyment by us of any of the rights herein granted, and (d) you agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Services. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content.

We may refuse to accept or transmit User Content. Additionally, we shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content solely for the purpose of providing the Services to you.

Unless otherwise agreed with us as part of your subscription plan, you acknowledge and agree that we are NOT a data repository for any of your data, information or documentation, including but not limited to any Jobs that you create or User Content that submit via the Services, and that you are solely responsible for backing up your User Content and Jobs and/or keeping and maintaining such information or documentation in your personal records.

We, including our affiliates, reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of these Terms or otherwise create liability for us or any other person. Such action may include removing your User Content, terminating your Account in accordance with these Terms, and/or reporting you to law enforcement authorities.

BENTHIC VARIANT IMPUTATION AND USER SUBMISSIONS.

NO Submission of Personally Identifiable Information (PII). Your upload or submission of User Content to the Site for Services must be in accordance with all applicable local, state, and federal laws and regulations. You warrant that the User Content was collected in accordance with the standard informed consent procedures in effect at the time of collection and subject to approval or an exemption determination by your Institutional Review Board (IRB) or equivalent. The User Content uploaded or submitted to the Services must not be accompanied by “Protected Health Information” (PHI) as defined in 45 CFR 160.103 or personally identifiable information as described in 5 USC Section 522.

Acknowledgment of Platform. Benthic is not responsible for any loss or damage arising out of any decisions ultimately made or implemented based on your use of the Services. You understand and agree that any guidance Benthic provides as part of the Services is for informational purposes only. You understand and acknowledge that Benthic does not guarantee: the existence, quality, safety or legality of any content or information made available on or through the Services, including any variant imputations reflected in Jobs.

ACCESS/LICENSE FOR USE OF THE SERVICES.

Benthic License to Users. You have a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services and the Site solely for legally permitted activities related to our Services as outlined in these Terms. You agree to respect all legal or proprietary notices, information, and restrictions contained in any content accessed or delivered via the Services, including any Jobs.

License to Benthic to User Content. By submitting User Content to the Services, you grant us and our service providers and business partners a nonexclusive, royalty-free, sub-licensable, and transferable (in whole or in part) worldwide license to use, modify, display, reproduce, and distribute such User Content on and through the Services in order to provide the Services and deliver you the Jobs.

PAYMENTS. In order to use certain features of the Services, you may be required to pay for the applicable subscription plan selected on the Site or via an order form for the Services (“Fees”). Benthic charges the Fees on a recurring basis at the selected time interval for your paid subscription plan to the payment method that you designate with Benthic. If your payment fails or if your payment information expires, you will be notified by Benthic and access to the Services will be suspended until payment is received. Benthic reserves the right to restrict access to your Account or terminate your Account for nonpayment if such nonpayment is not corrected within thirty (30) days. If you dispute any charges, you must inform us in writing within thirty (30) days of being billed by us. All payments are final and non-refundable.

TERM AND TERMINATION OF USAGE.

Subject to this section, these Terms shall remain in full force and effect while you use the Services. You may terminate your Account in accordance with your selected subscription plan through your account settings or by sending us an email at support@benthic.bio.

If you are a paid subscriber of the Services, your paid subscription will be automatically renewed and the payment method on file with your Account will be automatically charged to your designated payment method for each new subscription period in your subscription plan unless you notify us in writing of your intent to cancel your paid subscription at least 30 days prior to your next subscription billing period.

We may suspend or cancel your Account without notice to you if you violate these Terms, or for any reason at all. If your Account is cancelled, we reserve the right to remove your account information along with any account settings from our servers with NO liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data from your Account.

Upon termination of your Account, your license to use our Services terminates. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. You acknowledge and understand that our rights regarding any content you submitted to the Site before your Account was terminated shall survive termination. For the avoidance of doubt, we may retain certain User Content in our backups, archives and disaster recovery systems in order to comply with applicable legal requirements or until such User Content is deleted in the ordinary course of business. Termination will not limit any of Benthic’s rights or remedies at law or equity.

BENTHIC INTELLECTUAL PROPERTY AND FEEDBACK

We own all rights, title and interest, including any patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other intellectual property or proprietary rights (collectively, “Intellectual Property”) in and to the Site and Services, or we are an authorized licensee for all Intellectual Property used for purposes of providing the Site and Services. All right, title, and interest in and to the Intellectual Property are and will remain with Benthic or its licensors. You will not use such Intellectual Property to develop competitive Services or sell, design, reverse engineer, decompile or disable any of the Services or software or change, translate, or otherwise create derivative works based off our Intellectual Property.

We, including our affiliates, may ask you for your voluntary Feedback (as further defined below) on your experience with the Services. We shall become the owner of any User reviews, comments, suggestions or other feedback regarding the Services submitted to us, including via the Services or on Benthic's social media pages, if applicable (collectively, "Feedback"). Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, including to advertise and promote Benthic, without compensation to you or any other person sending the Feedback. You specifically waive any "moral rights" in and to the Feedback. You agree that any Feedback you submit to Benthic will not contain any information or ideas that you consider to be confidential or proprietary. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO BENTHIC.

DISCLAIMERS

EVALUATION OR RESEARCH USE ONLY. THE SERVICES AND JOBS PROVIDED OR DELIVERED BY BENTHIC ARE PROVIDED “AS IS”. THE SERVICES AND JOBS ARE FOR EVALUTION OR RESEARCH USE ONLY AND NOT FOR USE IN OR FOR HUMAN OR VETERINARY DIAGNOSTIC, TREATMENT PURPOSES, OR REGULATED USES, OR FOR ANY COMMERCIAL OR OTHER FORMAL DECISION-MAKING PROCESSES.

NO IDENTIFIABLE INFORMATION. User Content uploaded or submitted to the services must NOT be accompanied by or include any “Protected Health Information” (PHI) as defined in 45 CFR 160.103 or personally identifiable information as described in 5 USC Section 522.

ACCURACY OF RESULTS. While we strive to provide accurate and reliable outputs, we do not guarantee the accuracy, completeness, or suitability of the data generated in the Jobs. Users are responsible for independently verifying the results.

POTENTIAL ERRORS. The Services operate using automated processes and there are the possibility of errors or inaccuracies. We do not guarantee that all mistakes will be detected or corrected. Users must proceed with caution when interpreting the results.

DISCLAIMER OF ALL WARRANTIES. THE BENTHIC SERVICES ARE PROVIDED TO USERS “AS-IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BENTHIC AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SERVICES AND THE INFORMATION OR MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. ALL INFORMATION PROVIDED ON OR THROUGH THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. BENTHIC MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT INFORMATION MADE AVAILABLE THROUGH THE SERVICES, INCLUDING JOBS, IS ACCURATE OR COMPLETE, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, AND (III) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SERVICES, INCLUDING JOBS, IS DONE AT YOUR OWN DISCRETION AND RISK AND 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, CONTENT OR INFORMATION. FURTHER, BENTHIC SHALL NOT BE LIABLE FOR ANY DECISION MADE OR IMPLEMENTED BASED ON USER’S USE OF THE SERVICES. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK, AND BENTHIC ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION COLLECTED BY YOUR USE OF THE FORMS, OR THE TRUTHFULNESS, ACCURACY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT OR FAILURE BY THE SERVICES.

LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE BENTHIC, TOGETHER WITH ITS OFFICERS, DIRECTORS, EMPLOYEES, INVESTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, CONTRACTORS, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT SHALL BENTHIC, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, INVESTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, CONTRACTORS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT OF FEES PAID AND OWED BY YOU TO BENTHIC UNDER THESE TERMS DURING THE SIX (6) MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, BENTHIC’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Benthic (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, investors, agents, partners, suppliers, contractors, content providers, successors, and assigns) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of these Terms, including but not limited to your breach of any law or the rights of a third party.

MISCELLANEOUS.

Assignment. These Terms personal to User and you may not assign, transfer, sublicense, subcontract, charge or otherwise encumber any of your rights or obligations under these Terms without the prior written consent of Benthic. Any assignment in violation of this section shall be null and void. Benthic may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

No Third-Party Beneficiaries. The parties agree that except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.

Notice Policy and Your Consent. Under these Terms, by using the Services, you are contracting with Benthic Genomics, Inc., a Delaware corporation. All notices should be addressed to us at the address in the Contact section below. You acknowledge and agree that we may give you notice by means of a general notice on the Services or electronic mail to your email address in your Account. Such notice shall be deemed to have been given upon the expiration of 12 hours after sending. You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth in the Contact section or at such other address as we may advise from time to time, pursuant to this provision.

Governing Law. These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that Benthic and its Services are deemed passive and do not give rise to personal jurisdiction over Benthic or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of California. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the small claims state courts located in Alameda County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. YOU IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO TRIAL BY JURY IN ANY DISPUTE, ACTION, OR PROCEEDING.

Entire Agreement and Severability. These Terms and other referenced material constitute the entire agreement between you and us with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and us with respect to the Services and govern the future relationship. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms shall not be affected and shall be valid, legal, and enforceable to the fullest extent permitted by law.

Modification of Terms. We reserve the right, at our sole discretion, to modify the Services, Terms, and/or Privacy Policy from time to time. If changes to the Terms or Privacy Policy occur, we will notify you by posting the updated terms on the Site, or by email to the email affiliated with your account. Your continued use of the Services following the posting of such changes means you acknowledge and accept those changes and agree to be bound by the new terms and conditions. If you object to such changes, you must stop using the Services.

No Waiver. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Contact. If you have any questions regarding these Terms, please contact us at legal@benthic.bio or by mail at: 950 Page Mill Road, Suite 203, Palo Alto, California CA, 94304 USA.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS AND THE PRIVACY POLICY, AND AGREE THAT MY USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS.