UNSEEN BIO TERMS OF SERVICE

Version 1.0

Effective Date: July 7, 2020

Definitions

‘Genetic Information’ means information about the structure of proteins, encoded as a base sequence of nucleotides according to the genetic code. We use this to refer both to your personal genetic information and the collected genetic information of your gut microbiota i.e. all living organisms (for example, bacteria, viruses, bacteriophages, fungi, parasites, etc.) that inhabit your gut and that are represented in your Sample.

Information about us and how to contact us

We are Unseen Bio, which is the trading name of Unseen Biometrics ApS, a company registered in Denmark, with company registration number CVR 40046585.

You can contact us by email,or by writing to us at DTU science Park, Agern Allé 24, 2970 Hørsholm, Denmark. Please note that any interaction between us via social media will not be recorded as part of our quality systems and that any questions or complaints about these terms or the Services should be submitted to us by email or post.

If we have to contact you, we will do so by email at the email address you provided to us when you registered your user account (or when you have not registered a user account, the email address in your order).

When we use the words ‘writing’ or ‘written’ in these terms, this includes emails. Email is the preferred method of communication between you and Unseen Bio.

Acceptance of Terms of Service

These Terms of Service govern your (“you” “customer” or “user”) access to and use of our services, products, programs, microbiome testing service, Research, Research Studies, optional Study Participation programs, website, software applications including mobile applications, data analysis, Kits, collection and analysis of stool samples, and uploading and construction a digital version of your Genetic Information and interacting with it on the Website or Apps (collectively, the “Service”) provided by Unseen Biometrics ApS (“Unseen Bio,” “we”, or “us”).

These terms and conditions apply to Users resident in Denmark. Unseen Bio also may offer other Services from time to time that are governed by different terms and conditions. We reserve the right to restrict access to the Services to any User at any time due to changes in applicable law or regulation.

Please read these terms carefully before you submit your order to us and/or register a user account for our Service. These terms tell you who we are, how we will provide the Service to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

By subscribing to or using the Service, accessing any content made available through the Service, or clicking to accept or agree to these Terms, where this option is made available to you for any Service, you agree to be bound by these Terms. You cannot use our Service without accepting these terms and conditions. This includes the Privacy Policy and consent documents. All such applicable terms, policies and rules are considered part of these terms and conditions. You accept and agree that the Services are provided ‘as is’ and without any warranty, express, implied or otherwise.

You acknowledge and agree that while we use our best endeavours to provide the Service in accordance with the latest scientific research and technology, as such research and technology evolves or the legal, regulatory and business environment changes, the nature of the Service that we make available to you may change. Therefore, we may at our sole discretion, suspend or terminate access to any aspect of the Services.

You may stop using the Services at any time, however, if you are on our subscription plan or wish to close your account, you will need to inform us.

These Terms do not alter in any way the terms or conditions of any prior written agreements you may have with Unseen Bio separately, if any, on other matters.

If you do not agree to these Terms, please immediately discontinue use of the Service. Your access to and use of the Service, and any Accounts you establish in connection with the Service, are conditioned on your compliance with these Terms. If Unseen Bio, in its sole discretion, determines that you have failed to comply with any of these Terms, it shall have the right to terminate your access to and use of the Service or any component of it and any associated Account(s) therewith immediately and without further notice.

Order of Precedence

Please note that some features of Unseen Bio Services may be provided under additional or separate legal agreements or consents between Unseen Bio and you. If that is the case, when you first participate in or use such features, you will be provided an opportunity to review and agree to the terms that govern such Service features. We may also require your affirmative acceptance of the informed consent forms applicable to Service features such as optional Research Studies and Study Participations. If there is a conflict between these Terms and legal terms applicable to a particular Service feature, Research Studies, or Study Participations, the terms in such agreements and consent forms will take precedence over these Terms with respect only to those specific Service features.

Revisions and Updates

Unseen Bio reserves the right to change, revise, update, or modify these Terms or any notices, policies, or guidelines incorporated herein at any time and in its sole discretion. Any changes or modifications will be effective as of the date stated at the top of these Terms immediately upon posting of the revisions on the Service. Your continued use of the Service following the posting of such changed or modified Terms will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and any applicable policies to understand the most current terms and conditions that apply to your use of the Service.

Eligibility

You may not use the Services and may not accept the terms and conditions, either on behalf of yourself or those for whom you have the legal authority to accept, if:

  1. you cannot enter a legally enforceable contract with Unseen Bio (whether due to age, capacity or otherwise);
  2. you are not eighteen (18) years of age or other age of majority in your country of residence; or
  3. it is not lawful to access the Services in your current jurisdiction.

If you have purchased our testing kit(s) through a reseller, and find out when you register and accept our terms and conditions, that you are not eligible for our Testing Services, please contact the reseller to find out about their returns policy.

You may not use the Services if you are using the Services for a business or commercial purpose, or any purpose other than personal use, unless authorised in writing by Unseen Bio.

Privacy Policy

These Terms include the Unseen Bio Privacy Policy (“Privacy Policy”), which is incorporated into these Terms by reference and can be found at https://www.unseenbio.com/privacy-policy.

You are required to review, understand, and agree to Unseen Bio Privacy Policy that describes in detail on how Unseen Bio collects, uses, stores, maintains, processes, discloses, and protects your information when using our Service.

If you have any questions about the privacy statement or there is anything that you do not understand, please contact us at support@unseenbio.com with ‘Privacy’ as the subject line.

You acknowledge and consent that your personal data and biomaterial will be processed inside of the EU. Unseen Bio’s Privacy Policy is compliant with GPDR.

Our Privacy Policy sets out:

  1. The types of Personal Data and samples we collect from you;
  2. What we do with your Personal Data and samples (consumer confidentiality);
  3. Where we store your Personal Data and samples (tissue sample location) and for how long (duration of storage); we will store your samples for 3 month, we may extend this period if appropriate in accordance with our legitimate interests. You have the right at any time to withdraw your samples.
  4. The measures we take to protect the security and confidentiality of your Personal Data, our policy on data protection, security, access, location and samples;
  5. How you may access the data we hold about you and the samples stored (access by law); and
  6. How to notify us if you no longer want us to store your Personal Data and samples.

Accreditations

Your sample will be tested within test laboratories that are accredited according to CAP, CLIA and DIN EN ISO 15189.

Testing and Analysis

Depending upon what Samples you provide and the Service you subscribe to, using your Samples, Unseen Bio may do any of the following types of tests and analysis, at our certified laboratory or using a third-party service, if needed, as part of the Service:

  1. Gut microbiome analysis to identify and quantify all living organisms (for example, bacteria, viruses, bacteriophages, fungi, parasites, etc.) in your Sample
  2. Gut gene expression analysis to quantify the biological activities of the living organisms in your Sample
  3. Gut metabolite analysis to analyze metabolites in your Sample
  4. Construction of a digital model representing your gut microbiome at the time of sampling.

Unseen Bio does not perform the following types of tests and analysis as part of its Services

  1. Testing and analysis for detecting infectious and communicable diseases
  2. Testing and analysis to detect inherited diseases and conditions

Unseen Bio will provide you with Test Results, and personalized recommendations on diet and lifestyle derived from using application of Unseen Bio proprietary technology and methodologies in the analysis of your Sample Data, Test Data, and other information such as Self-Reported Information you provided. You may choose to follow these recommendations as little or as much as you wish, or you may choose not to follow these recommendations at all.

Biological Samples are processed by Unseen Bio in an irreversible manner and they cannot be returned to you once submitted for testing and analyzed by Unseen Bio. Data from your Samples will be saved on Unseen Bio secure servers with industry standard privacy and security safeguards. Unseen Bio plans to retain your Samples for at least three (3) months, and data for at least ten (10) years, but may, in its sole discretion, retain such Samples and data for a longer period of time. Unseen Bio may also use Test Results for improving its data analysis methods and the artificial intelligence engine.

Situations may arise in which the laboratory is not able to process your sample, or the analysis of said sample may result in errors. It may not be possible to analyse your Genetic Information due to insufficient volume of stool, or in the event that the processing of your genetic material fails to pass our quality control. Should your sample fail the initial processing for any of these reasons, Unseen Bio will process your sample a second time for no additional fee. In the case that the second processing of your genetic material fails, you will receive another kit for sample collection from Unseen Bio at no additional fee. If the processing fails again upon reception of the second sample, you (or the person who is the recipient of the kit) will not receive another sample collection kit from Unseen Bio. A full refund of the total amount paid to Unseen Bio will be offered upon request from you (or the person who is the recipient of the kit)

In the event that a refund has already been provided for the purchase of a kit, you are not permitted to submit a sample in the future. No refund will be provided to users that breach these terms and conditions by submitting a future sample for processing if the processing of this future sample is unsuccessful.

Due to the nature of genetic sequencing technology used, it is not possible to interpret the Genetic Information provided without errors, although these will comprise a small percentage of the results. As such errors cannot be predicted in advance, Unseen Bio does not offer a refund or other compensation with respect to them.

The above clauses delineate the conditions of Unseen Bio’s sole responsibility for situations when the processing of your Genetic Information is not possible.

Research into the influence of the microbiome on health and disease risk is ongoing. Unseen Bio’s technology is designed to analyse hundreds of thousands of data points in your Genetic Information. However, only a small fraction of these are known to influence health conditions and physical traits. Research into the microbial and genetic basis of health is progressing rapidly and Unseen Bio is dedicated to supporting the investigation into these interactions.

Only a portion of ethnic groups, ethnic diets and specific dietary trends around the world have been sufficiently studied from a microbial and genetic perspective. For this reason, Unseen Bio can only provide information arising from published studies on the topic. Therefore, it is possible that some interpretations may not be applicable to a user who is genetically descended from genetic ethnic groups, or is consuming an ethnic or specific diet that has not been sufficiently studied as of the present time.

Advances in scientific research may influence the interpretation of your Genetic Information, including the possibility that previous published studies upon which the interpretation is based are discovered to be incomplete or inaccurate.

Your Genetic Information is a matter of personal privacy. Should you choose to share it with others, it may have consequences that go against your interests. For this reason, it is important to think before sharing your Genetic Information. Even though it is not common for businesses or insurance companies to ask for your genetic data, this may happen in the future.

Before sharing your Genetic Information, consult a legal specialist regarding the legal protection of this information in your country.

Genetic Information shared with a GP may be included in your medical record, which may indirectly make it available to other healthcare providers or insurance companies in the future.

Should you choose to make your Genetic Information available to relatives, friends or employers, you accept sole responsibility in the case that this information is used against your interests. Genetic Information will likely gain greater value as technology and the body of research on genetics grow.

The results of your Unsen Bio Test may include information that can affect your relatives, who may or may not want to know it. Sharing this information with them has the potential to affect the relationships you have with these people. Genetic information can also reveal whether you are biologically related to someone, and this information may or may not be welcome. Please consult your GP or a genetic counsellor regarding your results and how to manage sensitive situations that may arise from discovering your Genetic Information.

Should an insurance company require you to disclose Genetic Information regarding health conditions and hereditary diseases, and you do not, you may be held in breach or fraud of the policy purchased.

The Services provided by Unseen Bio are destined for informational, research and educational purposes only. The results of any Unseen Bio Test do not constitute a diagnosis, nor medical advice. Please consult your GP or a genetic counsellor with any questions you may have about your Genetic Information and diagnosis, cure, treatment, mitigation or prevention of any health conditions that may be associated with your Genetic Information.

Unseen Bio is not responsible for action, resources, diagnosis, treatment, mitigation or other avenues associated with your Genetic Information. You are solely responsible for situations arising from the consultation of or use of drugs, biologics, medical devices, procedures, medical opinions and other information following the reception of your Genetic Information through the use of Unseen Bio Tests, online platform and other Services.

Should the use of Unseen Bio Services, including genetic tests, Self-Reported Information and referring scientific literature, indicate areas of concern for your health; it is for informational purposes only. Consult a GP or genetic counsellor regarding your concerns.

Consent

User Registration

What happens when you register as a user by creating an account on our Website or Apps.

If you register, you accept our terms and conditions.

Registering for an account.

To register, you must be over 18 years of age and complete a registration form for an account on our Website or Apps which includes setting your username and password.

Keeping your account details secure.

You are responsible for ensuring that the information you provide to us is correct and for ensuring that your password and account details remain confidential to you. We will not be responsible for any loss or damage which arises to you or to any other person as a result of your failure to keep your password and account details secure. Please contact us immediately if you become aware of or suspect any unauthorised use of your account or password. You must keep the contact details we hold for you up-to-date so that we can contact you if necessary.

If we cannot accept your user registration and you have purchased our testing kits from one of our resellers.

If you have purchased the testing kit from one of our resellers, we will inform you by email and we will refund you the price you have paid. To find out more about refunds, please see Section 15.

About the purchase of our Service

We only sell to certain countries. Our Website and Apps are solely for the promotion and sale of our Services in Denmark. Unfortunately, we do not accept orders from or deliver to addresses outside these countries.

How to purchase our Services. You can purchase our testing kits on our Website by filling in and submitting the online order form. You do not need to register for an account with us for purchasing, but you will need to do that for receiving the Service.

How we will accept your order. Unless you have ordered our testing kit from one of our resellers, all orders are subject to acceptance by Unseen Bio and your acceptance of these terms and conditions. Our acceptance of your order will take place when we email you to accept it, at which point a contract of delivery will come into existence between you and us. This contract of delivery ends when we deliver the product(s) to the address you supply.

If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Service.

Your order number. Where we supply the testing kit(s), we will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

Where we supply the testing kit(s), we will take all reasonable care, in so far as it is within our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Price and payment

This section 12 only applies in the case where you intend to purchase or have purchased a testing kit directly from Unseen Bio’s Website.

Where to find the price for the Testing Services. The price of the Testing Services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Testing Services advised to you is correct. However please see clause 12.4 for what happens if we discover an error in the price of the Testing Services you order. All amounts due under these terms and conditions shall be payable in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Testing Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Testing Services in full before the change in the rate of VAT takes effect.

What happens if we get the price wrong. It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Services provided to you.

What payment options do we support We receive payment with Dankort, Visa, MasterCard and Mobilepay. Payment fees are not charged on private credit card payments. The amount is deducted when the order is shipped If you have ordered multiple items and one of the items is in backorder, we will deduct payment for this item when the item is shipped.

Delivering your order

Clauses 13.3, 13.4 and 13.5 only apply in the case where Unseen Bio directly handles the delivery of your order.

Delivery costs. The costs of delivering the testing kit to you, and those of you sending your samples to us for analysis, are included in the price of the Testing Services which will be as displayed to you on our Website or if ordered through another reseller, on their respective website. If you decide to return your kit (see section 15) then you are entitled to a refund of the price of the kit less the charges incurred through delivery and return of the product.

If you are not at home when the testing kit is delivered. If no one is available at your address to take delivery and the testing kit cannot be posted through your letterbox, you will receive a notification informing you of how to re-arrange delivery or collect the testing kit from a local depot.

If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect your order from a delivery depot, we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract for delivery (see clause 19.2).

When you become responsible for the testing kit. Where we supply the testing kit, it will be your responsibility from the time we deliver it to the address you gave us until we receive it back from you. This is also the moment, when our contract for delivery ends.

Expected time of delivery. Unless otherwise indicated, we deliver in Denmark within at least 1-3 working days of your purchase, but possibly up to a week after your purchase.

Providing the Services

What happens when you register a product using the sample tube barcode. If you register one of our products using the sample tube barcode found within that product, a contract of service for Testing Services between you and Unseen Bio will come into existence at this point. To find out more about how to go about ending the contract of service, please see section 15.

When we will start providing the Testing Services. We will inform you during the registration of your sample tube when we will begin to provide the Testing Services to you.

When the contract for Service ends. Once we have uploaded the results of the Testing Services to your account, the contract for Service between us ends.

We are not responsible for delays outside our control. If our supply of the Testing Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we give notice of said delays, we are not liable for such events. Should substantial delays arise (in excess of six weeks after receipt of the sample), you may contact us to cancel the contract and receive a refund for any Testing Services you have paid for but not received.

Reasons we may suspend the supply of the Services to you. We may have to suspend the supply of the Services to:

  1. deal with technical problems or make minor technical changes to the Services;
  2. update the Services to reflect changes in relevant laws and regulatory requirements; or
  3. make changes to the Services as notified by us to you (see section 18).

Your rights if we suspend the supply of the Services. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. You may contact us to end the contract of service if we suspend, or tell you we are going to suspend, the supply of the Testing Services, for a period of more than six (6) weeks and we will refund any sums you have paid in advance for the Testing Services.

We may also suspend supply of the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see clause 12.5) and you still do not make payment within fourteen (14) days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services.

Your rights to end the contract of delivery or contract of service

You can always end your contract of delivery or contract of service with us. Your rights when you end the contract will depend on whether there is anything wrong with the Services, how we are performing and when you decide to end the contract:

  1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the testing kit replaced and/or the Testing Services re-performed or to get some or all of your money back), see clause 16.
  2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 15.2;
  3. In all other cases (if we are not at fault and there is no right to change your mind), see clause 15.4.

Ending the contract of delivery or contract of service because of something we have done or are going to do. If you are ending a contract for one of the reasons set out below the contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:

  1. we have told you about an upcoming change to the Services or these terms which you do not agree to (see clause 18.2);
  2. where we directly supply this testing kit, we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
  3. there is a risk that supply of the Services may be significantly delayed because of events outside our control;
  4. we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than six (6) weeks; or
  5. you have a legal right to end the contract because of something we have done wrong.

When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:

  1. Testing Services, once these have been completed, even if the cancellation period is still running; and
  2. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

Ending the contract of service where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 15.1), you can still end the contract before it is completed, but you may have to pay us compensation. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Testing Services not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.

How to end the contract of Services with us

Tell us you want to end the contract. To end the contract with us, please send us an e-mail to support@unseenbio.com using the subject line “Cancellation”. Please provide your name, home address, details of the order and, where available, your phone number and email address. You cannot cancel your order by refusing to receive the item or failing to pick it up without notifying us at the same time.

For details on returns and refunds, see section 17.

Right to be forgotten. If you want to have your samples and data removed from our records you must contact us by email at support@unseenbio.com using the subject line: “GDPR: Right to Erasure”. We will then commence the process that will result in removing your samples and data from our records. You will be informed by e-mail that this process has been undertaken on your behalf.

Our refund policy

How long do I have to change my mind? Your right to cancel an order for you begins the day we email you to confirm we accept your order and ends fourteen (14) days after the day on which you receive your testing kit. You can also cancel your order for Services not including testing kits or other product (s) within fourteen (14) days of your order.

Am I entitled to a refund? You can return or exchange items purchased at unseenbio.com at any time and receive a full refund. In some cases, we will be unable to offer you a refund for your products. These include, but are not limited to;

  1. More than fourteen (14) days having passed since your testing kit was delivered to you.
  2. We have begun analysing the samples provided in your testing kit; or
  3. You have broken a seal put in place for hygiene purposes, e.g. a sample tube from a testing kit.

Returning products after ending the contract where we have supplied the testing kit. Where we have supplied the testing kit, if you end the contract for any reason after we have accepted your order, you must return these to us, even if it has been unsealed. You should ensure that the item is properly wrapped when you return it. You yourself carry the risk of the package / goods until we receive it. Therefore, save mail receipt as well as any track & trace number. You must post the testing kit back to us at DTU science Park, Agern Allé 5, 2970 Hørsholm, Denmark. Please email us at support@unsenbio.com, with the word ‘Return’ in the subject line for a return label. If you are exercising your right to change your mind you must send or deliver the item to us without undue delay and no later than 14 days after you have notified us that you wish to cancel your purchase.

You must pay the costs of returning a kit to us. Unless one of the exceptions below occurs (clause 17.5), the testing kit delivered to the address you provided us with is your responsibility from the time that it arrives until the time we receive it back from you (see clause 13.5). If you intend to send one or more products back to us, in order to receive a refund for the price paid for those products, then you are responsible for the payment of any postal charge incurred in returning them.

When we will pay the costs of return. We will pay the costs of return:

  1. if the testing kit is faulty or misdescribed; or
  2. if you are ending the contract because we have told you of an upcoming change to the Services or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. We may require you to provide evidence of your costs of return by providing copies of receipts.

How we will refund you. We will refund you the price you paid for the Testing Services excluding your costs of return, unless one of the stipulations in clauses 17.5 (a) and (b) applies. We will make such refund using the same method you used for payment.

When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

  1. Where we have supplied the testing kit, if the testing kit has been dispatched or received by you, the refund will be made within thirty (30) days from the day on which we receive the testing kit back from you or, if earlier, the day on which you provide us with evidence that you have sent the testing kit back to us. For information about how to return the testing kit to us, see clause 17.3; or
  2. In all other cases, your refund will be made within thirty (30) days of your telling us you have changed your mind.

Tell us you have changed your mind. If you have changed your mind, please email us at support@unseenbio.com , including the word ‘Refund’ as the subject line. Please provide your name, home address, details of the order and, where available, your phone number and email address

In addition to your rights set out in this clause 17, you may have additional rights under applicable law

Our rights to make changes

Minor changes to the Services. We may change the Services:

  1. to reflect changes in relevant laws and regulatory requirements and
  2. to implement minor technical adjustments and improvements, which will not affect your use of the Services.

More significant changes to the Services. If we make more significant changes to the Services, we will make reasonable efforts to notify you. By using Unseen Bio Services, you understand that changes to our terms and conditions may arise. You understand that by accepting these terms and conditions, the Service may change over time. By continuing to use this Service, you accept changes made to this Service.

Changes to these terms. Unseen Bio may make changes to these terms and conditions from time to time to reflect changes in our Services, technology, commercial practice, behaviours, our business and the way Users use our Services and applicable law and regulations. When these changes are made, Unseen Bio will make a new copy of these terms and conditions available on its Website and Apps with reference to the affected Services. Unseen Bio will use reasonable efforts to notify you of any significant changes to these terms and conditions. You acknowledge and agree that if you use the Services after the date on which these terms and conditions have changed, Unseen Bio will treat your use as acceptance of the updated terms and conditions.

Our rights to end the contract

We may end the contract if you break it. We may end the contract at any time by writing to you if:

you do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;

you do not, within a reasonable time, allow us to deliver the testing kit to you;

you do not return your samples to us within the time limit stated in the instructions supplied with the testing kit;

you return your samples but do no not register the barcode (s) from the product (s) on our Website within 30 days of us having received the samples. In this case, we will destroy the sample; or

you violate any of the terms found in section 23, or Unseen Bio suspects that you violated the terms section 23. In such case, Unseen Bio has the right to suspend or terminate your account and refuse future use of the Services.

If there is a problem with the Services — Complaints

How to tell us about problems. We take complaints very seriously. In case of any issue or defect with our product you can complain within 24 month from delivery by email to support@unseenbio.com using the subject line “Complaint” . Please describe the issue or defect in detail to minimize response time. If the complaint is justified Unseen Bio will refund the cost.

Your obligation to return rejected products. Where we have supplied a testing kit, if you wish to exercise your right to reject the testing kit you must post it back to us. You should ensure that the item is properly wrapped when you return it. You yourself carry the risk of the package / goods until we receive it. Therefore, save mail receipt as well as any track & trace number.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

We are not responsible to you for loss and damage caused by your breaking this contract. We are not responsible for loss and damage caused by:

  1. your failure to keep your password or account details secure;
  2. your failure to follow the instructions supplied with the testing kit; or
  3. your making any lifestyle changes, changing your regular medication or taking any other action in reliance on your results without first consulting your GP or other healthcare practitioner.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Services.

We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Other important terms

We may assign this agreement to someone else. We may assign our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this and to confirm what will happen to any of your Personal Data or samples in storage at the time of the assignment. If you are unhappy with the assignment you may contact us to end the contract within fourteen (14) days of us telling you about it and we will refund you any payments you have made in advance for Services not provided.

You need our consent to assign your rights to someone else. You may only assign your rights or your obligations under these terms to another person if we agree to this in writing.

Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

If a court finds part of this contract illegal or unenforceable, the rest will continue in force. Each clause of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings. These terms and conditions are governed and interpreted in accordance with Danish law and the parties submit to the non-exclusive jurisdiction of the Danish courts to bring legal proceedings with respect to these terms and conditions.

Prohibited Conduct

You agree not to use the Services in an unlawful manner in any manner that could damage or interfere with the provision of the Services to any person. You also agree not to access information which you are not explicitly authorised to access via the Services.

In addition, you explicitly agree not to use the Services as follows:

  1. in an manner not permitted by these terms and conditions, any guidelines provided by Unseen Bio or applicable law;
  2. violate the Intellectual Property Rights of Unseen Bio or others;
  3. transmit, upload, download, share or post any information or content in an unlawful manner;
  4. send, post or share any unsolicited or unauthorized advertising, ‘spam,’ ‘junk mail,’ ‘pyramid schemes,’ ‘chain letters,’ or any other form of solicitation that is unauthorised;
  5. use the Services for commercial or business purposes unless explicitly authorised by Unseen Bio;.
  6. send, post or share any inaccurate, defamatory, discriminatory, obscene, shocking, hateful, threatening or otherwise inappropriate User Content or airing personal grievances or disputes;
  7. rent, sell, lease, loan, or trade access to the Service or related data;
  8. harass, abuse, harm, or interfere with the privacy of another person;
  9. use information gained from the Services to identify or contact other users except where using features in the Services which are designed to facilitate such contact;
  10. cause any harm to minors;
  11. transmit, upload, download, share or post anything that contains software viruses, worms, or any other harmful code or interferes with the Services;
  12. engage in ‘framing,’ ‘mirroring,’ or otherwise simulating the appearance or function of the Website;
  13. disguise the origin of content shared via the Services through manipulation of headers or identifiers or otherwise;
  14. engage in identity theft, impersonate any person or misrepresent your affiliation with Unseen Bio or any other person;
  15. override, or attempt to override, and security features of the Services; or
  16. Interfere with the operation of, or place an unreasonable load on, the Services either directly or through our suppliers or violate any applicable terms, policies or regulations applying to our suppliers;

In the event you breach this section, Unseen Bio has the right to suspend or terminate your account or access to the Services at its sole discretion with no further obligation to provide access to the Services to you in the future.

Export control and applicable laws and regulations

You agree that you will abide by all applicable laws and regulations in your use of the Services and specifically that you will not violate any applicable export control rules.

In addition, you agree that you will not do anything that would cause Unseen Bio to violate any such statute, regulation or rule.

Information posted through the service

Unseen Bio will not control any of the user uploaded content that is posted through the Service. Unseen Bio does not guarantee the accuracy or quality of any user uploaded content (including your User Content) or other outside content not provided by Unseen Bio. You acknowledge that using the Services may expose you to offensive and indecent content. Under no circumstance can Unseen Bio be held responsible for any uploaded content (including your User Content) or outside content, including errors in such content, loss, or damage as a result of the content posted or shared through the Service.

Unseen Bio retains the right to remove user uploaded content for any reason. You understand that Unseen Bio has the right, but not the obligation, to review, modify, pre-screen or refuse any content (including User Content) that is available through the Services. Unseen Bio and its designees have the right to remove any content that is violating the terms and conditions at Unseen Bio’s sole discretion. You agree to evaluate and understand all the risks associated with content use, including accuracy or usefulness of the content.

Waiver of proprietary and moral rights

You hereby acknowledge that as a result of providing any stool sample, having your Genetic Information analysed, accessing your Genetic Information, or sharing Self-Reported Information or User Content, you will not receive any compensation for research or commercial products that may be developed. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU HEREBY WAIVE AND DISCLAIM ALL RIGHTS WHATSOEVER IN ANY PRODUCTS THAT MIGHT BE DEVELOPED BY UNSEEN BIO OR ANY THIRD PARTY USING YOUR GENETIC INFORMATION OR SELF-REPORTED INFORMATION.

You hereby waive any moral rights to any User Content, Genetic Information or Self-Reported Information to which you now or may at any future time be entitled under Chapter IV of the Copyright Designs and Patents Act 1988 or any similar provisions of law in any jurisdiction, including (but without limitation) the right to be identified, the right of integrity and the right against false attribution, and agree not to institute, support, maintain or permit any action or claim to the effect that any treatment, exploitation or use of such works or other materials, infringes your moral rights.

Indemnity

You agree that you will indemnify and hold harmless Unseen Bio and its officers, employees, contractors, agents, partners, successors, and assigns and those of its affiliates, from any damages, liability, or claims (including attorney’s fees), derived from or attributable to your violation any portion of these terms and conditions.

If you have provided Unseen Bio with a stool sample you will indemnify, defend and hold harmless Unseen Bio, its officers, employees, contractors, agents, partners, successors, and assigns and those of its affiliates, from any damages, liability, or claims (including attorney’s fees) from your use of the Services or disclosure of any information obtained from the genetic analysis of your saliva and/or sample, the analysis of your Genetic Information or some other third-party services, or results from third party add-ons that are provided in the future. Further, you also agree to indemnify Unseen Bio, its employees, contractors, successors, and assigns from any liability resulting from your disclosure of your Genetic and/or Self-Reported Information to third parties.

You agree to indemnify, defend and hold harmless Unseen Bio and its officers, employees, contractors, agents, partners, successors, and assigns and those of its affiliates, from any damages, liability, or claims (including attorney’s fees), made by any third party from your User Content submitted or shared through the Service, your Service use, your Service connection, your terms and conditions violations, or any other rights violation (s).

Resale or gifting of service

Other than pursuant to Unseen Bio’s limited license or another agreement, you agree not to distribute, publish, duplicate, copy, create, sell or share portions or all the Services, the use of the Services or access to the Services for any commercial purposes.

Unseen Bio Services must be provided and purchased via an approved source. If you sell or purchase your Service without permission from Unseen Bio, via an unapproved third party or have received the kit as a gift, Unseen Bio reserves the right to decline the processing of samples and/or issuing of reports.

For purchases made via an unapproved third party, the purchase agreement is between the seller and buyer. Unseen Bio is not liable for any disputes relating to pricing, payment, transactions or delivery and will not issue any refunds or replacements under any circumstances. If found to be an unauthorised third party purchase or gift, Unseen Bio may agree to process your sample at discretion and you will agree to these terms and conditions and the Privacy Policy. However, the original purchase agreement will remain between buyer and seller. Therefore, if for any reason a refund is sought after processing, this will not be honoured.

Statement regarding usage limits and storage practices

You understand that Unseen Bio may establish practices and usage limits concerning the Services. These include, but are not limited to the maximum number of times you can access the Services in each period, the maximum number of days that your Personal Data, Genetic Information, and Self-Reported Information and User Content are retained by the Service, and the maximum disk space allowed on Unseen Bio’s data servers with respect your account. You understand and accept that Unseen Bio has no responsibility for the loss of any of your data including User Content, Self Reported Content or Genetic Information due to any malfunction of its data servers or deletion in accordance with applicable usage limits or storage practices applying to the Services, including its data retention policy. You also should understand that Unseen Bio has the right to change these usage limits and storage practices at any time, subject to applicable law.

Termination

You may terminate your agreement with Unseen Bio by providing notice to us in writing.

Unseen Bio can terminate its legal agreement with you at any time, as well as revoke your password and terminate your account if:

  1. you breach these terms and conditions or act in a way that shows you cannot comply with the terms and conditions;
  2. one of our suppliers of the Services terminates its relationship with Unseen Bio or stops offering the Services to you;
  3. Unseen Bio no longer plans to provide Services to Users in your country of residence or where you use the Services;
  4. in Unseen Bio’s opinion, the Service is no longer commercially viable;
  5. Unseen Bio suspects that you are engaged in illegal or fraudulent activity (and also reserves the right to report such activity to law enforcement);
  6. Unseen Bio is required to do so by law.

You may no longer have any access to the Services after termination of these terms and conditions. Unseen Bio will not be liable to you or any third party for terminating Service use.

Term survival

A termination of the terms and conditions or a user account will not affect any existing obligations of you to Unseen Bio, nor will it affect any rights or remedies of the parties that have accrued up to the termination.

Clauses 6, 8, 9, 21, 22, 27, 30, 33, 34, and 35, will survive termination of these terms and conditions. Any other provision of these terms and conditions that expressly or by implication is intended to come into or continue in force on or after termination of these terms and conditions shall remain in full force and effect.

Links to third party websites and content

Unseen Bio’s intellectual property rights

You hereby understand, agree and acknowledge that Unseen Bio and/or its licensors are the owner of all Intellectual Property Rights in the Services. Except as authorized by Unseen Bio or permitted under applicable law, you shall not modify, sell, distribute, reverse-engineer or create derivative works of our Intellectual Property rights or information found on the Services. You shall not have a right to use any software downloaded via the Services without first agreeing to the applicable end-user license agreement. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

You acknowledge that to the extent that you receive or obtain access to non-public or confidential information relating to Unseen Bio or any other third party as a result of accessing the Services, you cannot disclose this information without our prior consent in writing or the consent of the applicable third party.

Unseen Biometrics ApS, Unseen Bio, and other Unseen Bio logos, domain names, products and service names are registered and unregistered trademarks of Unseen Bio (‘Unseen Bio Marks’). You are not permitted to use any of the Unseen Bio Marks, attempt to secure any rights that are confusingly similar to any Unseen Bio Marks or suggest an affiliation with Unseen Bio, without our prior consent in writing. When using the Services, you shall also not use the trademarks of any third party without our prior consent in writing.

For any software belonging to us or our licensors that does not have a separate end-user license agreement, Unseen Bio grants you a non-exclusive, non-transferable, non-sublicensable right to use the software on your computer or mobile device for the sole purpose of accessing the Services in accordance with these terms and conditions. You shall not be permitted to access the Services using any unauthorised software.

By submitting User Content to Unseen Bio, you hereby grant Unseen Bio, and its affiliated companies, sublicensees, and successors and assigns a non-exclusive, perpetual, royalty-free, irrevocable, worldwide license to use, reproduce, adapt, translate, modify, reproduce, publish, publicly perform, display, and distribute and User Content.

You are the owner of your Genetic Information and Self-Reported Information. You hereby grant Unseen Bio, and its affiliated companies, sublicensees, and successors and assigns a non-exclusive, perpetual, royalty-free, irrevocable, worldwide license to use, translate, analyse, and adapt your aggregated and de-identified Genetic Information and Self-Reported Information for the purpose of providing and improving the Services.

Disclaimer of Warranties

While the Unseen Bio agrees to provide the Services with reasonable skill and care, the following disclaimers apply:

  1. DUE TO THE NATURE OF SERVICES AVAILABLE ONLINE OR VIA TELECOMMUNICATIONS NETWORKS, UNSEEN BIO CANNOT GUARANTEE THAT YOUR ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, RELIABLE, ERROR-FREE, WILL MEET YOUR EXPECTATIONS, OR THAT ANY COMMUNICATIONS MADE VIA THE WEBSITE OR THE APP WILL BE SECURE. THEREFORE, UNSEEN BIO CANNOT ACCEPT LIABILITY FOR ANY LOSS, DAMAGE OR INCONVENIENCE ARISING AS A CONSEQUENCE OF INABILITY TO USE OUR SERVICES, USE ANY INFORMATION ON OUR WEBSITE OR APPS, OR DATA BREACH, TO THE MAXIMUM EXTENT UNDER APPLICABLE LAW.
  2. WE ARE NOT RESPONSIBLE FOR CLAIMS BROUGHT BY THIRD PARTIES ARISING FROM YOUR USE OF OUR WEBSITE OR APPS OR BREACH OF THESE TERMS AND CONDITIONS.
  3. WE CANNOT GUARANTEE THAT OUR SERVICES ARE FREE FROM VIRUSES OR OTHER MALICIOUS CODE AND WE DO NOT ACCEPT LIABILITY IN THE EVENT THAT YOUR COMPUTER, SOFTWARE OR DATA IS DAMAGED. YOU ARE ADVISED TO BACK UP ANY OF YOUR DATA INDEPENDENTLY AND TAKE SECURITY PRECAUTIONS INCLUDING INSTALLATION OF ANTIVIRUS SOFTWARE.
  4. WE DO NOT HAVE AN OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE SERVICES AND THEREFORE SHALL HAVE NO LIABILITY IN THE EVENT OF DAMAGES OR MISUSE OF YOUR DATA DUE TO IDENTITY THEFT.
  5. WHILE WE SHALL USE REASONABLE ENDEAVOURS TO REMOVE USER CONTENT THAT BREACHES OUR TERMS AND CONDITIONS WE CANNOT CONTROL USER CONTENT UPLOADED OR TAKE RESPONSIBILITY FOR THE CONDUCT OF USERS OR ANY USER CONTENT THEY UPLOAD.
  6. WE DO NOT ACCEPT RESPONSIBILITY FOR ANY OF YOUR ACTIONS AS A RESULT OF USING OUR SERVICES. YOU ARE RESPONSIBLE FOR TAKING CARE WHEN PROVIDING ACCESS TO YOUR PERSONAL DATA, GENETIC INFORMATION, AND SELF-REPORTED INFORMATION TO THIRD PARTIES.
  7. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES AND REMEDIES PROVIDED IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, TERMS AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR TERMS AND CONDITIONS OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR SATISFACTORY QUALITY AND NONINFRINGEMENT, ALL OF WHICH ARE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMED BY UNSEEN BIO.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNSEEN BIO AND ITS AFFILIATES, DIRECTORS, CONSULTANTS, AGENTS, SUB-CONTRACTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOST PROFITS, LOST REVENUES, AND LOSS OF BUSINESS OPPORTUNITY, WHETHER OR NOT UNSEEN BIO WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES AND WHETHER THE SAME ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE AGGREGATE LIABILITY OF UNSEEN BIO AND ITS AFFILIATES, DIRECTORS, CONSULTANTS, AGENTS, SUB-CONTRACTORS OR EMPLOYEES FOR OR IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU (WHETHER DUE TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL NOT EXCEED THE GREATER OF THE AMOUNTS PAYABLE OR PAID BY YOU IN THE 12 MONTHS PRECEDING THE DATE OF THE EVENT FOR WHICH THE LIABILITY ARISES.

UNLESS DUE TO OUR NEGLIGENCE, UNSEEN BIO SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM:

  1. YOUR FAILURE TO KEEP YOUR USER ID OR PASSWORD DETAILS CONFIDENTIAL OR SECURE;
  2. YOU ACTING ON INFORMATION RECEIVED USING THE SERVICES;
  3. THE ACTS OR OMISSIONS OF ANY THIRD PARTIES USING THE SERVICES;
  4. UNAUTHORISED ACCESS, LOSS, OR ALTERATION OF YOUR GENETIC INFORMATION, SELF-REPORTED INFORMATION, OR USER CONTENT;
  5. THE COST OF SUBSTITUTE GOODS OR SERVICES YOU HAVE PURCHASED AS A RESULT OF INFORMATION OR GOODS RECEIVED VIA OUR SERVICES.

Nothing in these terms and conditions excludes or limits in any way whatsoever the liability of Unseen Bio or its directors, consultants, agents, sub-contractors and employees for:

  1. death or personal injury caused by the negligence of Unseen Bio, its directors, consultants, agents, sub-contractors or employees;
  2. fraud or fraudulent misrepresentation; or
  3. any other liability that cannot be excluded or limited by law.

Notices

Notices under these terms and conditions can be made to our email at support@unseenbio.com and the last-known email address associated with your User ID. Notices by email shall be deemed to be received at the time of transmission unless the email is notified as undelivered.

Notices may also be provided to your last-known address or our address below and if sent by prepaid airmail shall be deemed to have been received at 9 AM on the fifth business day after posting.