Acceptance of Terms

Your use of PocketGene’ s Services (excluding any services provided by PocketGene under a separate agreement) is subject to the terms of the legal agreement between you and ZGRI set forth in these Terms of Service ("TOS"). Except as specified herein, these TOS apply to any use of the Services, including but not limited to a) uploading a digital version of your genetic information by you or through our sequencing partners and interacting with it on the PocketGene website, and/or b) creating and using a free PocketGene account without providing your genetic information. To use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by PocketGene for any Service; or by (2) using the Services. In this case, you acknowledge and agree that PocketGene will treat your use of the Services as acceptance of the TOS from that point onwards. In addition, when using PocketGene Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. PocketGene also may offer other services from time to time that are governed by different terms of service.

Prerequisites

Whether you submit your own Genetic Information, you may not use the Services and may not accept the TOS if (1) you are not of legal age to form a binding contract with ZGRI, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.

In addition to the conditions above, if you contribute or otherwise provide your own Genetic Information, you must be eighteen (18) years of age or older to agree to these TOS on behalf of yourself or those for whom you have legal authority to agree.

If your use of the Services includes creating a ZGRI account, without providing Genetic Information, you must be thirteen (13) years of age or older to use the Services and accept the TOS.

Description of the Services

The Services include access to the PocketGene’ s Mobile Application and personal genotyping services, like analysis of your genetic information. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the TOS. You acknowledge and agree that the Services are provided "AS-IS" and are based on the current state of the art of genetic research and technology in use by PocketGene at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, PocketGene is constantly innovating to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which PocketGene provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that PocketGene may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users at PocketGene’ s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform PocketGene when you stop using the Services unless you are requesting closure of your account. PocketGene assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.

To use the Services, you must obtain Internet access, either directly or through devices that access web-based content and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment. You acknowledge and agree that while PocketGene may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by PocketGene at any time, at PocketGene’ s discretion.

User Representations

By accessing PocketGene Services, you agree to, acknowledge, and represent as follows:

• You understand that information you learn from PocketGene is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that the pocketGene services are intended for research, informational, and educational purposes only, and that while Pocketgene information might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that PocketGene urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your Genetic Information.
• You give permission ZGRI, its contractors, successors, and assignees to perform genotyping services on the DNA extracted from your sample and you specifically request ZGRI to disclose the results of analyses performed on your DNA to you and to others you specifically authorize.
• You represent that you are eighteen (18) years of age or older if you are providing a sample or accessing your genetic information.
• You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
• You are aware that some of the information you receive may provoke strong emotion.
• You take responsibility for all possible consequences resulting from your sharing with others access to your genetic information and your Self-Reported Information.
• You understand that all your Personal Information will be stored in PocketGene databases and will be processed in accordance with the PocketGene Privacy Statement.
• Waiver of Property Rights: You understand that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by ZGRI or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.

You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations ZGRI has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify ZGRI and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

Account Creation, Customer Account, Password, and Security Obligations

In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if PocketGene has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, PocketGene has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

After you have purchased our Service, you will create a password and account designation. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. If you allow third parties to access PocketGene’ s website / Mobile Application through your username and password, you will defend and indemnify ZGRI and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify ZGRI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ZGRI cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

PocketGene Privacy Statement and Disclosure of Information

To use the Services, you must first acknowledge and agree to the Privacy Statement. You may not use the Services if you do not accept the Privacy Statement. You can acknowledge and agree to the Privacy Statement by (1) clicking to accept or agree to the Privacy Statement, where this option is made available to you by PocketGene for any Service; or by (2) actually using the Services.

You acknowledge and agree that PocketGene has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the PocketGene Services, website, Mobile Applications, or other systems. If you have given consent for your genetic information and Self-Reported Information to be used in ZGRI Research as described in the applicable Consent Document, we may include your information in the Aggregated Genetic Information and Self-Reported Information we disclose to third parties for the purpose of publication in a peer-reviewed scientific journal. ZGRI may also include your information in Aggregated Genetic and Self-Reported Information disclosed to third-party non-profit and/or commercial research partners who will not publish that information in a peer-reviewed scientific journal. ZGRI Research may be sponsored by, conducted on behalf of, or in collaboration with third parties, such as non-profit foundations, academic institutions, or pharmaceutical companies. ZGRI Research may study a specific group or population, identify potential areas or targets for therapeutics development, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on genetic research initiatives, or otherwise create, commercialize, and apply this new knowledge to improve health care. ZGRI will never release your individual-level genetic information and/or Self-Reported Information to any third party without asking for and receiving your explicit consent to do so, unless required by law.

Further, you acknowledge and agree that ZGRI is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that ZGRI may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the ZGRI TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ZGRI, its employees, its users, its clients, and the public. In such event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, PocketGene may, in its sole discretion, restrict access to the website for any reason.

Please refer to our Privacy Statement to read about data protection related to your information. See our complete Privacy Statement here.

Limited License

You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not PocketGene, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.

You acknowledge that the Services content presented to you as part of the Services, whether original PocketGene Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by ZGRI and/or the sponsors who provide that content to PocketGene (or by other persons or companies on their behalf).

PocketGene grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, other content marked as not subject to this Limited License on the website / Mobile Application, provided you: (i) provide the Services content as it appears on the PocketGene website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; (ii) include the following attribution on the first page of any materials you distribute: PocketGene. All rights reserved; distributed pursuant to a Limited License from ZGRI; (iii) agree you have no right to offer anyone else any further right with respect to this Services content. Aside from the Limited License provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content (either in whole or in part) unless you have been specifically told that you may do so by PocketGene or by the owners of that content, in a separate agreement.

Customer Conduct - Unlawful and Prohibited Use

As a condition of your use of the Services, you warrant to PocketGene that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore you agree not to use the Services to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with ZGRI, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) "stalk" or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) use any information received through the Services to attempt to identify other customers, to contact other customers (other than through features for contacting other users such as DNA Relatives offered pursuant to the Services), or for any forensic use; (7) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (8) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of ZGRI or any other party; (9) harm minors in any way; (10) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (11) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (12) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site, unless explicitly permitted by ZGRI; (14) engage in "framing," "mirroring," or otherwise simulating the appearance or function of PocketGene’ s website; (15) attempt to or actually override any security component of ZGRI web services; (16) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (17) violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with ZGRI; or (18) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.

You acknowledge and agree that you are solely responsible for (and that ZGRI has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which ZGRI may suffer) of any such breach. In case of breach of any one of these agreements ZGRI has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify ZGRI and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

If you violate the terms of this Section and/or ZGRI has a reasonable ground to suspect that you have violated the terms of this Section, ZGRI has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Material Posted Through The Service

ZGRI will not, at all times, control any of the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such non-PocketGene content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will ZGRI be liable in any way for any non-PocketGene content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.

You acknowledge that PocketGene and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. Without limiting the foregoing, PocketGene and its designees shall have the right to remove any content that violates the TOS or is deemed by ZGRI, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Material Provided to PocketGene - Your Proprietary Rights

User Content : PocketGene does not claim ownership of the User Content you provide to PocketGene (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give ZGRI, its affiliated companies, sublicensees (including but not limited to sublicensees who avail themselves of the Limited License granted in Section 9 above) and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for ZGRI to make such User Content available to other companies, organizations, or individuals with whom ZGRI has relationships, and to use such User Content in connection with the provision of those services.

You understand that ZGRI, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit ZGRI to take these actions. You represent and warrant to ZGRI that you have all the rights, power, and authority necessary to grant the above license.

Genetic and/or Self-Reported Information : Disclosure of individual-level Genetic and/or Self-Reported Information to third parties will not occur without explicit consent, unless required by law. Note that ZGRI cannot control any further distribution of Genetic and/or Self-Reported Information that you share publicly on the PocketGene website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that ZGRI has no obligation to do so on your behalf.

Your data, once submitted to and analyzed by us, is processed in an irreversible manner, and cannot be returned to you. Any genetic information derived from your DNA, subject to rights we retain as set forth in these TOS. You understand that you should not expect any financial benefit from ZGRI as a result of having your genetic information processed; made available to you; or, as provided in our Privacy Statement and Terms of Service, shared with, or included in Aggregated Genetic and Self-Reported Information shared with research partners, including commercial partners.

Waiver of Property Rights : As stated above, you understand that by providing any Genomic Data, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by ZGRI or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.

Indemnity

You agree to defend and hold ZGRI, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the TOS; or your violation of any rights of another.

If you have provided your own Genetic Information, you will defend and hold harmless ZGRI, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from genotyping your sample and/or analyzing your Genetic Information, which is disclosed to you consistent with our Privacy Statement or results from any third-party add-ons to tools we provide. In addition, if you choose to provide your Genetic and/or Self-Reported Information to third parties - whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes - you agree to defend and hold harmless ZGRI, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Genetic and/or Self-Reported Information.

No Resale of Service

Other than pursuant to the terms of the Limited License in Section 9 of this TOS or unless otherwise agreed in a separate agreement between you and ZGRI, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.

General Practices Regarding Use and Storage

You acknowledge that ZGRI may establish general practices and limits concerning the use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on PocketGene’ s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that ZGRI has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of Genetic Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that ZGRI reserves the right to change these common practices and limits in its sole discretion.

Modifications to Service

ZGRI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the PocketGene’ s features or Services, and (ii) ZGRI shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

The Software that you use may from time to time automatically download and install updates from PocketGene. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit PocketGene to deliver these to you) as part of your use of the Services.

You acknowledge that PocketGene may offer different or additional technologies or features to collect and/or interpret Genetic Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for the collection or interpretation of your Genetic Information without fee, and that you will have to pay additional fees in order to have your Genetic Information collected, processed, and/or interpreted using any future or additional technologies or features.

Termination

The TOS will continue to apply until terminated by either you or ZGRI as set out in this Section.

If you want to terminate your legal agreement with ZGRI, you may do so by notifying ZGRI at any time in writing, which will entail closing your accounts for all the Services that you use. Your notice should be sent, in writing, to ZGRI's address, which is set out at the beginning of the TOS, or through email to support@pocketgene.com. If you provide notice through email, PocketGene will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.

ZGRI may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS); (2) ZGRI is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom ZGRI offered the Services to you has terminated its relationship with ZGRI or ceased to offer the Services to you; (4) ZGRI is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by ZGRI is, in ZGRI's opinion, no longer commercially viable.

Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that ZGRI shall not be liable to you or any third party for any termination of your access to the Services.

Survival of Terms

When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and ZGRI have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of sections 1.(Definitions); 2.(Acceptance of Terms); 3.(Prerequisites); 4.(Description of the Services); 5.(Risks and Considerations Regarding PocketGene Services); 6.(User Representations); 7.(Account Creation, Customer Account, Password and Security Obligations); 8.(PocketGene Privacy Statement and Disclosure of Information); 10.(Customer Conduct - Unlawful and Prohibited Use); 11.(Material Posted through the Service); 12.(Material Provided to PocketGene - Your Proprietary Rights); 13.(Indemnity); 14.(No Resale of Services); 17.(Termination); 18.(Survival of Terms); 19.(Dealings with Information Providers and Listed Resources); 20.(Hyperlinks and PocketGene Mobile App / Website); 21.(ZGRI Proprietary Rights); 22.(DISCLAIMER OF WARRANTIES); 23.(LIMITATION OF LIABILITY); 24.(Notice); 26.(Violation or Suspected Violation of Terms of Service); and 27.(Miscellaneous) shall continue to apply to such rights, obligations, and liabilities indefinitely.

Dealings with Information Providers and Listed Resources

Your correspondence or business dealings with-or participation in promotions of-information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that ZGRI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.

Hyperlinks and the PocketGene Mobile App /Website

The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because PocketGene has no control over such sites and resources, you acknowledge and agree that ZGRI is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ZGRI shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.

ZGRI's Proprietary Rights

You acknowledge and agree that ZGRI (or ZGRI's licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by ZGRI and that you shall not disclose such information without ZGRI's prior written consent.

You further acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by ZGRI, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of ZGRI and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

ZGRI, and PocketGene logos and product and service names are trademarks of ZGRI and these marks together with any other ZGRI trade names, service marks, logos, domain names, and other distinctive brand features are the "ZGRI Marks". Unless you have agreed otherwise in writing with ZGRI, other than through the Limited License in Section 9, nothing in the TOS gives you a right to use any ZGRI Marks and you agree not to display, or use in any manner, ZGRI Marks.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.

Unless you have been expressly authorized to do so in writing by ZGRI, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.

For any Software not accompanied by a License Agreement, ZGRI grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on your mobile phone. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by ZGRI, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ZGRI, in the manner permitted by the TOS. Unless ZGRI has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by ZGRI for use in accessing the Service. Any rights not expressly granted herein are reserved.

Disclaimer of Warranties

You expressly acknowledge and agree that: (1) Your use of the services are at your sole risk. The services are provided on an "as is" and "as available" basis. ZGRI expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. (2) ZGRI makes no warranty that (a) the services will meet your requirements; (b) the services will be uninterrupted, timely, unfailingly secure, or error-free; (c) the results that may be obtained from the use of the services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations and (e) any errors in the software will be corrected. (3) any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. (4) no advice or information, whether oral or written, obtained by you from ZGRI or through or from the services shall create any warranty not expressly stated in the TOS. (5) you should always use caution when giving out any personally identifying information about yourself or those for whom you have legal authority. ZGRI does not control or endorse any actions resulting from your participation in the services and, therefore, ZGRI specifically disclaims any liability with regard to any actions resulting from your participation in the services.

Limitation of Liability

Within the limits allowed by applicable laws, you expressly acknowledge and agree that ZGRI shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ZGRI has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the services; (b) any action you take based on the information you receive in through or from the services, (c) your failure to keep your password or account details secure and confidential, (d) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services; (e) unauthorized access to or alteration of your transmissions or data; (f) the improper authorization for the services by someone claiming such authority; or (g) statements or conduct of any third party on the services.

Notice

Notices to you may be sent via either email or regular mail. ZGRI may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you on or through the Services.

Official notices related to this TOS must be sent to us at:

Zifo Genomics Research Institute Private Limited,

21A, Anna Salai, Little Mount, Saidapet

Chennai - 600015

Additionally, ZGRI accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.

Changes to the Terms of Service

ZGRI and PocketGene may update the TOS from time to time. When these changes are made, ZGRI/ PocketGene will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services.

You acknowledge and agree that if you use the Services after the date on which the TOS have changed, ZGRI and PocketGene will treat your use as acceptance of the updated TOS.

Violation or Suspected Violation of Terms of Service

If you violate the terms of these TOS and/or ZGRI has a reasonable ground to suspect that you have violated the terms of these TOS, ZGRI has the right to suspend or terminate your account and refuse all current or future use of the Services (or any portion thereof).

Miscellaneous

Entire Agreement : The TOS constitute the entire agreement between you and ZGRI and govern your use of the Services, superseding any prior agreements between you and ZGRI on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.

Applicable law and arbitration : This Agreement shall be construed in accordance with and governed by the laws of the Republic of India. Venue for any actions arising under or relating in any way to this Agreement shall vest exclusively in the courts of jurisdiction of Chennai, regardless of your country of origin or where you access PocketGene, Any differences or disputes arising between the parties under this Agreement, which are not amicably settled, will be referred to sole arbitrator under the provisions of the Indian Arbitration & Conciliation Act, 1996. The venue of arbitration shall be Chennai.

Waiver :The failure of ZGRI to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Term for cause of action : You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Admissibility of printed version : A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Section titles : The section titles in the TOS are for convenience only and have no legal or contractual effect.

Severability Clause : If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.

Amendments : We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.pocketgene.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 18 (Termination).

Assignment :  You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, ZGRI for any third party that assumes our rights and obligations under this Agreement.