This page states the Terms of Service applied when you are using Epigee Services, and requires careful attention. Please read the terms carefully and fully as they apply to you. This is a legal contract that governs your rights and obligations in relation to Epigee. In order to use any Epigee Service, you must agree to these Terms of Service. If you use any of Epigee services, you imply your acceptance of the terms.
DEFINITIONS“Internal Research” - means research and development utilizing Epigee user data to improve products and services, contribute to academic research, and various additional applications.
“External Research'' – External Research only uses de-identified Epigenetic data and information reported by consenting users to conduct research with or without intent to publish.
“Consent Document” – means consent document permitting Epigee users the opportunity to voluntarily participate in External Research.
“Services” - means Epigee mobile application, websites, products, API’s and services (including website and mobile application assets like graphics, images, and other material/information) accessed by users.
“Personal Information” is identifiable information related to a user, which includes:
“Registration Information” - user-supplied information used for registration or purchasing. This includes first name, last name, email, address, user/collection kit ID, password, payment information.
“Self-Reported Information” - Self-Reported Information that has been obtained from the user’s Registration Information, including (but not limited to) sex, age, and ancestry. This information is used in quality control to ensure proper result generation. Other self-reported information obtained from surveys, forms, wearables integration, and/or features can be used for product and service enhancements. If the research consent is approved by the user, this information may be used for Epigee Research.
“Epigenetic Information” – Is de-identified data related to your DNA methylation profile, generated through the analysis of your biological sample (blood, saliva or otherwise) by Epigee or by its contractors, successors, and assignees; or otherwise processed by and/or contributed to Epigee.
“User Content” - is all other information provided by Epigee users, not including Registration Information, Self-Reported Information and Epigenetic Information. This information is distributed publicly or privately, to or through Epigee.
“Web Behaviour Information” is information regarding how users make use of the Epigee website, which is collected through log files, cookies and web beacon technology.
“Privacy Statement” has the meaning in Section 8 of these Terms of Service.
ACCEPTANCE OF TERMSYour use of Epigee Services is subject to the terms defined in these Terms of Services (“TOS”) which apply to any Epigee service including:
Registering and/or using a free account.
Utilizing Epigee products and services that are not interpreted from biological measurements.
Internal research where your de-identified information, sample, and test results may be stored in a repository and used for validation, educational, and/or research purposes.
Submitting a sample (blood or saliva) for Epigenetic extraction and analysis;
Allow Epigee to produce a digital version of your results which are interpreted from the analyzed data and supplied user information. These results are uploaded to Epigee mobile application or web platform, serving as an end product.
You must first agree to the TOS before using Epigee services. You cannot use the Services if you do not accept the TOS. The TOS can be accepted by: (1) accepting or agreeing to the TOS; or (2) by using the services you accept and agree from the point of use onward that Epigee will treat your use of the services as implied acceptance of the TOS.
Some of the Services (both existing and new) may be subject to additional terms and/or conditions. The terms for such Services are subject to revision or change, like the rest of the TOS. When any such changes are made, we will provide notice directly to you.
PREREQUISITESUsers who provide Epigenetic information must be (a) at least 18 years of age or have the written permission of a parent or guardian, and (b) lawfully able to use the Service under the laws where you reside. The Service is not intended to be used by any individual younger than 18 years of age.
THE SERVICESThe Services include access to the Epigee mobile application and its Epigenetic services, which include the collection, extraction, and analysis of your Epigenetic information, based on a blood or saliva sample. Unless stated, new features that are added to the current Services will be subject to the TOS. You accept and agree that the Services are provided “AS-IS” and are based on the current state of Epigenetic research and technology used by Epigee when using the Services.
Epigenetic technology is still relatively new, it is a sector of scientific research that is always changing and evolving. With this trend, Epigee is also always adapting in order to provide the best information for users. You agree that services/features might change or stop without prior notice. You can stop using the Services at any time without informing Epigee, unless you request to close your account. Epigee does not have any responsibility for the use of the Services outside the TOS terms or any other terms that apply.
You must have internet access, equipment, and a mobile device (iOS or Android operating system on supported versions) in order to utilize the services. You are solely responsible for paying such fees related to the access of Epigee Services. You agree that Epigee does not have an upper limit on the transmissions you send or receive through the services, the amount of storage space, which can be set by Epigee at any time.
RISK AND CONSIDERATIONSBlood Prick CollectionHigh-quality capillary blood collection is necessary to quantify your Epigenetic Information. To collect blood, we use a common collection methodology that is approved by Health Canada and FDA.
We use the Medipurpose Surgilance (Surgilance - MediPurpose) in Canada (Health Canada license No: 64499), and the US (510(k) Premarket Notification (fda.gov)). In addition to the surveillance, there is a capillary micropipette (Small Volume Capillary Blood Collection Tubes – SAI Infusion Technologies (sai-infusion.com)) used to draw in blood, and a small test tube with buffer (200728-173921-1658660453.pdf (zymoresearch.com)) used to stabilize the DNA. It is important to follow the instructions when performing blood collection. Epigee is not liable for any harm or injury as a result of blood collection, this consent is approval for you knowing the risk of specimen collection, and understanding how to perform that collection correctly to limit this risk.
There is a small prick at the time of blood draw and a very small risk of infection. If you have a risk of excessive bleeding, we advise you not to take the test. Included in the collection tube is a small amount of liquid used to stabilize the biomarkers of interest. This liquid can cause skin and eye irritation and is harmful if swallowed. If the liquid: 1) gets on the skin, wash with plenty of water; 2 ) gets in the eyes, rinse cautiously with water for several minutes, remove contact lenses if present, and continue rinsing; 3) is swallowed, do not induce vomiting; call for medical help. Do not get chemicals close to the lancet wound or other openings on the skin. If you come in contact with the buffer, please follow the MSDS to reduce the risk of injury (https://files.zymoresearch.com/sds/dna_rna_shield_ce_eu.pdf).
Keep collection kit(s) out of reach from children.
Limitations of Epigenetic InformationEpigenetic Information provides a limited window into your health and wellness and is not conclusive.
Insights generated from epigenetic information can be surprising, in some cases it may not be positive. You need to remember that none of the information Epigee provides should be considered or interpreted as medical or medically related. Research is always advancing, which means the interpretation of Epigenetic information can change. If you have questions or concerns about your results you might need to ask a physician or health care professional, in order to assess and understand the meaning of your results.
Importantly, Epigenetic information is based on the relationship between DNA methylation and different characteristics/ measurements (Like Age, Smoking Status, and BMI). It is not a deterministic view on any outcome related to your health. Epigenetic information cannot provide you with conclusive information about the interaction between certain epigenetic markers and environmental factors, which can significantly change a particular outcome.
Since Epigenetic Information is just one piece of the complex picture that is your health, you should not change health and lifestyle behaviors solely based on the information provided to you by Epigee. If you are making a lifestyle change, consult with a physician or health care provider before you act upon the data provided by Epigee. Individual Epigenetic markers are only responsible for a small fraction of the risk factors. There are other factors, such as other (perhaps unknown) Epigenetic markers, genetic factors, other biological mechanisms, ancestry, environmental factors, and lifestyle choices, which might be more important predictors for your health and/or the reported insights/measurements.
Your health is a mixture of many factors that Epigee can not entirely capture. If your results show an elevated risk or “poor score” for a particular trait, you should not assume that this is a certainty, or that you could develop an illness, or that you might have negative health outcomes. The reverse is also true, if your results show a reduced risk or “good score”, it does not mean you are entirely protected or completely healthy. You should contact your physician or health care provider if you have any concerns about your results, and your health in general.
Research is always elevating our knowledge of epigenetics, Epigee goal is to use the most recent and relevant scientific information in the field and eventually contribute to it. There are some inherent drawbacks considering it is an evolving field. Some data may have a considerable lack of diversity (ethnicity and by assigned sex), underpowered population size, or narrow age ranges. Since Epigee uses scientific publications and databases to interpret your results, some interpretations we provide may not apply to you. Future epigenetic research may change how your results are interpreted by Epigee.
Since epigenetic markers can change, there are some changes induced by environmental conditions when the specimen is being transported to Epigee facilities. Although we’ve dramatically limited these changes by adding buffers to the specimen, the changes may influence the prediction of the results, which add some variability and may not reflect the individual's health status.
Sharing the information Epigee provides you with others can be against your interests. Proceed with caution when sharing your results with others. Right now, few businesses or companies request epigenetic information, but this could change. Consider discussions with a lawyer to understand legal protections surrounding your personal health data, before sharing it. If you share this information with a health care provider, it could become part of your medical record and could potentially be accessed by third-party companies (insurance, health care providers). Protecting the privacy of this information is important, it might be limited in its meaning today but could be more meaningful in the future.
Epigee services are for informational, educational, and research purposes only. There is no medical advice provided and no epigenetic score or trait reported on has been clinically validated/ tested.
To summarize, Epigee believes that:
- Epigenetics is not the full picture of someone’s present, future or potential state of being;
- The understanding of Epigenetic Information is always evolving and there are still many things to discover and understand;
- only a physician or health care provider can assess your state of health or conditions, taking into account many factors, including your Epigenetic Information and your current symptoms.
- Epigenetic Information is subject to limitations and you rely on information provided by Epigee, Epigee employees, and others appearing on our website or mobile application at your own risk.
- Our Services are not to be used by the user as diagnostic tools and should not be a substitute for professional medical advice. You should always seek advice from your physician or health care provider regarding any questions that you have regarding diagnosis, cure, or prevention of any disease or condition.
Participation in Internal ResearchAs an Epigee user, your information and test results may be stored in a repository and used for validation, educational, and/or internal research purposes. This internal research will be conducted to validate our offerings, enhance our current offerings and develop new offerings for your benefit. Internal research may include additional lab analysis with your deidentified blood or saliva sample.
Participation in External ResearchAs an Epigee user, you are most likely interested in science and contributing to this growing field of research. In order to increase this understanding, we are inviting all Epigee customers to volunteer to participate in External Research. If you choose to opt-in and participate in External Research, you will be asked to agree to our consent documentation, which provides more information on External Research.
Participation in this research is voluntary. Before participating in research, you will be asked to agree to our Consent Document, which sets out more information on External Research. Because of the current state of Epigenetic information, our Services are only used for research, informational, and educational purposes.
Epigee does not guarantee the effectiveness of any specific course of action, procedures, opinions, or other information that may be mentioned on our website or mobile application. If we provide you with recommendations that might work for you based on your Epigenetic and Self-Reported Information and scientific research, this information should be seen as intended for informational purposes only or for discussion with your physician or health care provider.
Limitations and Considerations for Interventions and Marketplace.
Use Epigee Interventions and Marketplace section of the app at your own risk. You must be in a good general state of health to use these services. The general rule applies: If you have any doubts about your health, speak with a doctor before starting or continuing, and only implement tasks that are within your limits. No service or information provided by Epigee is a substitute for medical advice. You should not change your behaviors solely on the basis of information from Epigee suggestions.
If you have a pre-existing medical condition, our advice is to speak with a medical doctor or appropriate practitioner before implementing a change in your lifestyle due to Epigee services. Conditions like cardiovascular disease, lung or respiratory disease, spinal and/or joint problems, health states as a result of surgery, and pregnancy are a few of the many conditions where we recommend additional consultation before implementing any Epigee Services.
In the case of Epigee Services related to Nutrition, you are responsible for confirming the foods and nutrients recommended as part of the service do not contain ingredients that could result in allergic reactions or intolerance.
If you are interested in a provider or outside service that is featured within the Epigee Marketplace, we advise you to read over their Terms of Service before proceeding. Providers that want to be featured on Epigee Marketplace undergo an initial review, but Epigee is not involved with the operations or services provided by the companies. Any damages or issues that result from a provider’s services are not related to Epigee and the provider is fully responsible.
The laboratory may not be able to process your sample, and your laboratory process may have errors.
The laboratory may not be able to process your sample if the sample does not contain a sufficient amount of DNA/sample, if the sample quality is low, or if the results do not meet our standards for accuracy. If this initial processing fails, Epigee will process the same collection a second time, which will have no resulting charge on the user. If this second attempt fails, the user will be offered and sent an additional test for no additional charge. If this last attempt fails, users will be offered a refund solely and exclusively for the paid service (minus the shipping + handling fees).
USER REPRESENTATIONSBy accessing Epigee Services, you agree to, acknowledge, and represent as follows:
You understand that:
You are required to provide a sample (blood, saliva, or otherwise) for the Services and are responsible for the proper collection of the sample. You also acknowledge and accept the potential risks that come with sample collection.
The information you obtain from Epigee is not intended to diagnose, prevent or treat any condition or health status.
The Information you receive from v has limitations and is not a conclusive or encompassing measurement of your health. The information Epigee provides is subjected to error and should not be interpreted as deterministic.
Epigee services are intended for information, educational, and research purposes only. The service might suggest a potential health status, illness, condition, diagnosis, or treatment, but in no way is the service intended to be interpreted in this way. Epigee does not provide any health or medical treatment or advice. Epigee is not a medical or diagnostic test and is only intended to promote the adoption of healthy lifestyle habits to improve general health status. Only a certified health care provider or licensed physician can provide this type of information to you.
Epigee encourages you to speak with a health care provider or physician if you have any questions, comments, or concerns regarding the information Epigee provides to you.
You give permission to Epigee, its contractors, successors, and assigns to perform Epigenetic services on your extracted DNA from the sample (blood, saliva or otherwise) you have provided and consented to the collection of.
You give permission for Epigee to disclose the results of our epigenetic service to you or the people that you specifically authorize through our mobile and web application.
You confirm that you are the legal age designated in your jurisdiction to provide a sample (blood, saliva, or otherwise) and access your epigenetic information.
You confirm that the sample (blood, saliva, or otherwise) you are providing to Epigee is coming from yourself, or if you purchase the service for another individual that they have given you legal authorization to do so.
You confirm and accept your sample (blood, saliva, or otherwise), and de-identified Self-Reported data can be used to create and validate new product offerings. You are not entitled to any benefit that may arise from new products or discovery using this information.
If you provide a sample from outside of Canada, you confirm the action is legal and not subject to any ban or restriction within the country you reside.
Any sample you provide and its resulting information can be processed and transferred outside the country you reside.
You guarantee you are not an insurance company, or other organization trying to obtain information on an individual for discriminatory purposes.
The information you receive can prompt strong emotions.
You are responsible for disclosing your information from Epigee with others, and you do this at your own risk.
Your personal information will be kept in Epigee databases and will be processed according to the Epigee Privacy Statement.
The provided sample, information analyzed, access to your information, and providing additional information about yourself, do not grant you the right to have any proprietary or other ownership in any research or products that might be developed by Epigee and its partners. You will not benefit in any way from the research or products that can result from your epigenetic information or the information you have shared with Epigee.
The information provided to you is used at your own risk.
If you take action upon any advice Epigee has provided you, it is done with the consultation of a health professional and/or your own judgment. Any harm or injury you receive from using the services is performed at your own risk and can not hold Epigee or its affiliates liable.
You have the authority under the laws of the jurisdiction in which you reside to make these representations. If you break any of these representations or break the TOS in any manner, Epigee has the right to terminate your account and refuse the future use of Epigee services. You will indemnify and hold harmless Epigee and its affiliates from any damages or liability that can arise in case these contracts are broken.
CREATING AN ACCOUNT, PASSWORD, AND SECURITY OBLIGATIONSIn return for Epigee product and services, You agree to (a) provide accurate and complete information about yourself during the registration and self-reported services; (b) Maintain and update the information to keep accurate and current; (c) if Epigee suspects your information is inaccurate and/or not current, Epigee has the right to suspend or terminate your account and refuse any current or future service.
Accounts are password protected, you are responsible for maintaining the confidentiality of this password and access to your account, and are responsible for all activities that happen under your password and account. If you allow others to access your account, or other breaks in your account's privacy as a result of you disclosing your account's information, you indemnify Epigee and its affiliates against any liability or cost arising from claims of others based on the access and use of your account. You agree to notify Epigee of any unauthorized access to your account or password.
Epigee
EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGE ARISING FROM NOT FOLLOWING THIS SECTION.LIMITED LICENSEYou acknowledge that (a) the user content, publicly shown or privately communicated, is the responsibility of the author or poster of the content, Epigee is not responsible for any user content communicated, posted, emailed, uploaded through the Epigee mobile application or services. (b) the content from the services, whether it is content from Epigee services or sponsored services, is protected by copyright and intellectual property rights owned by Epigee and/or its sponsors. (c) Epigee does not grant you permission to share the content unless authorized by Epigee. (d) You can not modify, lease, sell, distribute or create works based on the content of the service unless you have been authorized by Epigee or the content owners in a contract or agreement.
USER CONDUCT – UNLAWFUL AND PROHIBITED USEYou guarantee that, (a) the services will not be used in any unlawful or prohibited way; (b) you will not damage or impair the services, or interfere with someone else's use of the services; (c) You can not obtain information through any way that is not made available explicitly through the service.
Additionally, you specifically agree to not use the Services to:
upload, post or share any material that is obscene, offensive, or that is discriminatory based on race, color, origin, sexual orientation, sex, gender, age, or another status;
impersonate another person, including anyone affiliated to Epigee, or misrepresent your affiliation with someone else;
add your own headers or manipulate identifiers to disguise the origin of any content that is shared through the Service;
“stalk” or harass someone else;
upload, post, or share any content that you cannot transmit under any law;
use information that you receive through the Services to try and identify or contact other customers (except when using features designed by the mobile application to contact other users to connect);
download any files that are shared by other users that you know you cannot legally distribute;
upload, post or share any content that infringes any patent, trademark, or proprietary rights of Epigee and other parties
harm minors in any way;
advertise, buy or sell any goods or services for business purposes, unless Epigee provides a portion of the Services specifically designed to allow you to do so;
upload, post or share any unauthorized advertising, such as “junk mail” or “spam”, except in those areas that are designed explicitly for such purposes and to the extent to which the law authorizes the content;
upload, post, or share any information that contains viruses or any other codes, files, or programs used to destroy or limit the functionality of a computer or hardware equipment;
use software, devices, or services to interact with the Services or Epigee servers unless explicitly permitted by Epigee;
engage in “framing” or simulating the function of Epigee mobile application; override, or attempt to override, security components in Epigee mobile application services;
interfere or disrupt the Services, networks, or users that are connected to the Services, or disobey any requirements, policies, or regulations of networks that are connected to the Service;
violate the Terms of Service, codes of conducts, or any other applicable guidelines that apply to the area of Service or have been communicated to you by anyone from Epigee;
or violate any municipal, provincial, national, or international law, or any regulations within the law.
You recognize and acknowledge that you are responsible (and Epigee has no duty to you or somebody else) for any infringement of your commitments beneath the TOS and for the results that the infringement might have, counting any harm that Epigee might suffer. In case of any infringement, Epigee has the right to suspend or end your account and deny any future service. You'll indemnify Epigee and its associates against any costs or harms that might emerge from the infringement.
In the event that you abuse any of the terms found on this Section, or Epigee suspects that you abused the terms on this Section, Epigee has the right to suspend or end your account and deny future utilization of the Services.
EXPORT CONTROL AND APPLICABLE LAWS AND REGULATIONSYou concur that you just will stand by all applicable laws and regulations in your use of the Services and particularly that you will not abuse any export control rules. In addition, you concur that you will not do anything that would cause Epigee to violate any such statute, regulation or rule.
INFORMATION POSTED THROUGH THE SERVICEEpigee will not control any of the User Content that's posted through the Service and Epigee does not ensure the precision or quality of any User Content or other exterior content not given by Epigee. You recognize that utilizing the Services may expose you to hostile and indecent content. Under no circumstance can Epigee be held responsible for any exterior content, counting errors in such content, misfortune, or harm as a result of the content posted or shared through the Service.
You understand that Epigee has the right, but not the obligation, to review, modify, pre-screen or refuse any content that is available through the Services. Epigee and its designees have the right to remove any content that is violating the TOS at Epigee sole discretion. You agree to evaluate and understand all of the risks associated with content use, including the accuracy or usefulness of the content.
YOUR PROPERTY RIGHTS OVER MATERIAL PROVIDED TO Epigee
User ContentEpigee does not claim ownership of any User Content that you create and share with Epigee. Although, by creating and sharing user content you give Epigee license to reproduce, adapt, modify, publish and distribute through Epigee services, if applicable. You accept that this content can be used by Epigee, and other companies, organizations, and individuals that are associated with Epigee, and the use of the content in connection with these services.
This means, Epigee may (a) distribute the user content through public media and other public networks; (b) make changes to your content that are necessary to conform and adapt to the requirements of these media sources and networks. You understand that you give Epigee the license to permit these changes. You give this right and power to Epigee in order to grant the license stated here.
Epigenetic and/or Self-Reported informationWe can not disclose individual epigenetic and/or self-reported information to third parties without consent unless this is required by law (described in the privacy statement).
Although, you acknowledge that if this information is shared publicly, we can not control the distribution of your Epigenetic and/or self-reported information on the Epigee website or mobile application. If you share any such information publicly, you may not have control over the distribution of the information.
Once you submit your sample (blood, saliva, or otherwise) and Epigee has analyzed it, the sample has been irreversibly changed and it can not be returned to you. You acknowledge that there will not be any type of financial benefit from Epigee for having your Epigenetic information and Self-Reported Information processed or shared with research and commercialization partners.
Any Epigenetic Information taken from your biological sample remains your information but is subject to the rights that are expressed in this TOS. You acknowledge that you should not expect any type of financial benefit from Epigee from having your Epigenetic Information (including Self-Reported Information) processed or shared with research partners, including commercial partners.
Waiver of Property RightsYou acknowledge that by providing any biological sample, having your Epigenetic Information analyzed, accessing your Epigenetic Information, or sharing Self-Reported information, you have NO RIGHTS WHATSOEVER IN ANY PRODUCTS THAT MIGHT BE DEVELOPED BY Epigee OR ANY THIRD PARTY. You acknowledge that you will not receive any compensation for research or commercial products that result from your Epigenetic Information or Self-Reported Information.
INDEMNITY
You agree to defend and indemnify Epigee (as well as its affiliates, subsidiaries, officers, agents, contractors, partners, employees, successors and assigns) from and against any claims (including attorney fees), made by any third party from the User content submitted and distributed through the Service, your Service use, Service connections, TOS violations, and/or other right violation(s). You also agree to hold harmless and indemnify Epigee (as well as its affiliates, subsidiaries, officers, agents, contractors, partners, employees, successors and assigns) from any harm, damage, costs, and expenses derived from or connected to your violation of any portion of the TOS.
If you provide your Epigenetic and/or Self-Reported Information to third parties, or you distribute this information publicly, you agree to indemnify Epigee (as well as its affiliates, subsidiaries, officers, agents, contractors, partners, employees, successors and assigns) from any liability, harm or damages resulting from the disclosure of the information.
NO RESALE OF SERVICEYou agree not to distribute, publish, duplicate, copy, create, sell or share portions or all of the Services, the use of the Services, or access to the Services for any commercial purposes or reasons.
GENERAL PRACTICE REGARDING USE AND STORAGEYou understand that Epigee may establish practices and limits concerning Service uses, such as (a) the maximum number of days that Personal Information and Services content is retained by the Service, (b) the maximum disk space allowed on Epigee Services respecting your account, and (c) the maximum number of times you can access the Services in a given period of time. You accept that Epigee has no responsibility or liability for the deletion of content maintained or shared by the Services, or the loss of Epigenetic or Self Reported information because of the malfunction of data servers or other events. You also agree that Epigee has the right to change these practices and the corresponding limits at its own discretion.
SERVICE MODIFICATIONSEpigee reserves the right to modify or discontinue, temporarily or permanently, the Services with or without notice. You acknowledge and accept that (a) modifications could result in delays of computations of some Services, and (b) Epigee is not liable to you or third parties for any modification or discontinuance of the Services.
The software that you use can automatically install updates for Epigee mobile application and software. Which are designed to improve and further develop the Services, and you agree to Such updates as part of the Services.
In addition to updates, Epigee may offer additional technologies, or products, which can enhance or extend the interpretation of your Epigenetic information, in which you may have to pay additional fees to have access to these add ons. You may have to pay additional fees to unlock new features or products, as required by obtaining more Epigenetic information through recollection and analysis, due to the additional utilization of new technologies or features.
TERMINATION & WITHDRAWAL OF CONSENTYour use of Epigee Services is voluntary. You may choose to withdraw your Consent or to stop using Epigee Services at any time. The TOS will apply until you choose to terminate, or Epigee enforces termination as described in this Section.
You can choose to terminate your legal agreement with Epigee at any time, by providing a written notice (email) to Epigee which will be followed up by an Epigee employee to confirm termination in a secondary email. You understand that termination of your agreement with us pursuant to these terms of use and your account will not entitle you to any refunds. You understand that the termination of your account may involve the deletion of your information from our databases, leaving the inability for us to replicate the service provided to you in the past.
Epigee can terminate its legal agreement with you at any time, as well as revoke your password and terminate your account if:
You violate the TOS, or show actions that do not comply with TOS provisions.
The law requires Epigee to do so.
If an Epigee associated partner that offers the Services has terminated its relationship to Epigee or stops offering service to you.
The services can no longer be offered in your country or jurisdiction.
Epigee is no longer commercially viable and can no longer offer or maintain the Services.
Any illegal, abusive, or inappropriate activity as outlined in the TOS can be grounds for terminating your Service use, which can be referred to legal authorities. You accept that Epigee will not be liable to you or any third party for terminating Services.
TERM SURVIVALTermination of the TOS or a user account will not affect any existing obligations of the user to Epigee, nor will it affect any rights or remedies of the parties that have accrued up to the termination.
DEALINGS WITH INFORMATION PROVIDERS AND LISTED RESOURCESBusiness dealings, correspondence and communications you pursue through promotions, vendors, and other resources found on the Epigee Service, which include payment and shipping of goods and services and other terms and conditions associated with such dealings, are exclusively between you and corresponding providers. You agree that AgRate is not held liable for any loss or damage resulting from such dealings or as the result of the presence of this information provider or resources on the Service.
HYPERLINKS AND THE Epigee
MOBILE APPLICATIONEpigee and other third parties can provide links to other websites, scientific, and other media resources available on the internet. Epigee has no control over the websites and resources found from these links. You understand and accept that Epigee can not be held responsible for any damages caused by or in relation to the use of this content.
Epigee
PROPRIETARY RIGHTSYou accept that Epigee claims ownership of the legal rights and interests of the Services, including intellectual property (IP) rights, that subsist in the Services. Additionally, you understand that the Services contain confidential information, and you can not disclose this information without Epigee written permission.
Further, you understand and agree that the services (including but not limited to the software used for the services) contain information that is confidential and proprietary, which is protected by IP laws. Information, materials, and methodologies provided to you through the Service are protected by copyrights, trademarks, patents, and other proprietary laws. Unless authorized by Epigee, you accept not to modify, sell, distribute or create derivative works found on the Services. Software, including but not limited to Epigee mobile or web applications, is copyrighted and proprietary. The use of this software is governed by the TOS and terms of the license agreement (“License Agreement”). The Software can not be downloaded and/or used unless you agree to the Licensing Agreement terms, usage can also automatically imply agreement.
Epigee, and other Epigee logos, products and service names, trade names, logos, and brand features are trademarks of Epigee. These can not be used, displayed, or distributed unless you have a written agreement with Epigee to do so.
You agree that you can not use trademarks and copyrights without Epigee permission, you can not remove, obscure, or alter proprietary rights notices that might be contained within the Services.
You agree not to use any trademarks, trade names, or logos of any company, organization, or foundation through the Services in a way that can confuse the owner or authorized user of such marks, names, or logos, unless written permission from Epigee has been authorized.
Epigee grants you a personal, non-transferable right and license to use the software (including the code, execution of code, and assets within the software) on one device. You, nor a third party that you have allowed, can copy, modify, manipulate or create a derivative work through reverse engineering. You, nor a third party have the right to try and copy or use assets from or within the software, attempt to discover any code or transfer any right of the software. This holds true unless you have obtained written permission by Epigee, or this action is permitted by law.
The purpose of the software is to allow users to enjoy the Services, permitted by the TOS. Unless you have written permission from Epigee, you can not assign your rights to use the Software, grant a security interest over the Software, or transfer any part of your rights to use the Software. You accept and agree not to modify the Software in any way, or form or use adapted versions of the software that are not permitted by Epigee. You agree not to use or access the Service except through the interface provided by Epigee. Any rights not expressly granted here are reserved.
WARRANTY DISCLAIMERTO THE EXTENT PERMITTED BY APPLICABLE LAWS WITHIN YOUR JURISDICTION, YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT: (1) USE THE SERVICE AT YOUR OWN RISK. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Epigee EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO (A) MERCHANTABILITY WARRANTIES IMPLIED OR EXPRESSED; (B) FITNESS FOR A PARTICULAR PURPOSE; (C) NON-INFRINGEMENT. (2) Epigee MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, COMPLETELY SECURE OR ERROR-FREE; (C)THE RESULTS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE AND RELIABLE; (D) THE QUALITY OF THE PRODUCTS, INFORMATION OR SERVICES OBTAINED THROUGH THE SERVICES AND ANY OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET ALL OF YOUR EXPECTATIONS; (E) AND ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL THAT IS DOWNLOADED OR OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE ASSOCIATED WITH YOUR COMPUTER OR ANY LOSS OF DATA THAT MIGHT RESULT FROM DATA DOWNLOAD. (4) NO ADVICE (ORAL OR WRITTEN) OBTAINED FROM Epigee OR THROUGH THE SERVICES SHOULD CREATE A WARRANTY THAT IS NOT EXPLICITLY EXPRESSED IN THE TOS. (5) YOU SHOULD ALWAYS BE CAUTIOUS WHEN GIVING ANY PERSONAL INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. Epigee DOES NOT CONTROL THIRD PARTIES TO WHOM YOU MAY DISCLOSE YOUR INFORMATION THROUGH THE USE OF THE SERVICES. Epigee DISCLAIMS ANY LIABILITY ASSOCIATED WITH ANY ACTIONS THAT RESULT FROM YOUR PARTICIPATION IN THE SERVICES.
LIABILITY LIMITATIONACCORDING TO THE LAWS ALLOWED IN YOUR JURISDICTION, AND WITHIN THE LIMITS ALLOWED BY LAW, YOU EXPLICITLY UNDERSTAND AND ACCEPT THAT Epigee SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER LOSSES (EVEN IF Epigee HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) ANY ACTION TAKEN BASED ON INFORMATION RECEIVED FROM THE SERVICES OR THROUGH THEM; (C) YOUR FAILURE TO KEEP YOUR ACCOUNT AND PASSWORDS CONFIDENTIAL AND SECURE; (D) THE COST OF PROCUREMENT RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES BOUGHT OR OBTAINED OR MESSAGES RECEIVED THROUGH OR FROM OUR SERVICES; (E) PROHIBITED ACCESS TO DATA OR ALTERATION OF YOUR DATA TRANSMISSIONS; (F) IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING TO HAVE REQUISITE AUTHORITY; (G) OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
NOTICENotices can be provided to you through the mobile or web application, email, or regular mail. Epigee can also notify you of changes to the TOS (or other matters) via links and information provided through the services. Official notices relating to this TOS can be sent to the below address:
Notices must be provided with compliance as described in this section or will have no legal effect.
CHANGES TO THE TERMS OF SERVICEEpigee can make changes to the TOS, when changes are made you will be notified and provided a new copy via the mobile or web application. New terms will be available from or through the Services.
You understand and agree that if you use the Service after the date which the TOS has been changed, Epigee will accept this as your agreement to the updated terms and conditions.
VIOLATION OR SUSPECTED VIOLATION OF TERMS OF SERVICEYou understand and accept that Epigee has the right to suspend or terminate your account and refuse future or current use of the Services if you violate any of the TOS terms and/or Epigee has suspicions that you violated the terms of this TOS.
MISCELLANEOUSEntire Agreement. The TOS outlines the complete agreement between you and Epigee. It replaces any prior agreements made between you and Epigee and governs your current Service uses. Additional terms and conditions may apply once you utilize the Services, content or software.
Applicable Law and Arbitration. Disputes with Epigee arising will be governed by the laws of Ontario, Canada, regardless of your country or origin, where you have purchased or accessed Epigee services. Disputes will be resolved in accordance with the Arbitration Act, SO 1991, c 17 (Ontario laws), and shall be held in Hamilton, Ontario, Canada, in English. The written purpose from the arbitrator at either party's request will be provided and sent to the parties in advance. All arbitration costs will be borne by the losing party. Either party can obtain injunctive relief, orders to compel arbitration, or orders to enforce arbitral awards in any court of competent jurisdiction. This applies to all cases, except for any disputes relating to intellectual property rights or any infringement claims.
Waiver. A waiver of rights or provisions should not be constituted If Epigee fails to enforce or exercise any right or provision found in the TOS. If a provision is found to be invalid by a court of competent jurisdiction, the parties will agree the court should investigate, and give effect to the parties' intentions as reflected in the provision. The other TOS provisions will remain in full effect.
Limitation of Action. You agree that any claim or cause of action from or related to Epigee TOS or to the Services must be filed within one year (1) after the claim or cause of action is made, regardless of the state in which you reside.
Admissibility of Printed Versions. A printed version of the TOS and electronic notice(s) are admissible in judicial proceedings to the same extent as similar documents that are originated and maintained in printed form.
Severability. If any TOS section or portion is found to be unenforceable, the remaining contents will remain in full effect.
Amendments. If you disagree with any changes to the TOS, you may terminate this Agreement at any time as stated in the Termination section. Epigee maintains the right to modify or replace the TOS, which are effective as they are posted or notified otherwise.
Assignment. We can assign or delegate all rights and obligations under the Agreement without notice to you. We can also substitute (upon notice to you) Epigee for any third party that will assume our rights and obligations under this Agreement. You cannot assign any rights or obligations under the TOS. Any assignment and delegation are ineffective.
Section titles. Section titles are for the organization of the TOS and have no legal or contractual effect.