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Terms & Conditions

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Introduction

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User") and Genotic, a biotechnology startup formally incorporated as Aperto Sp. z o. o. ("Genotic," "we," "us," or "our"), and govern your access to and use of the website www.genotic.com (the "Website"). By accessing, browsing, or using the Website, you acknowledge and agree that you have read, understood, and accepted these Terms in full.

If you do not agree to all provisions outlined herein, you are prohibited from accessing or using the Website, and you must discontinue use immediately. Furthermore, we encourage you to review our Privacy Policy and all other referenced documents, as these form an integral part of these Terms.

Definitions

  • "Content": Refers to all information, data, text, software, music, sound, photographs, graphics, videos, messages, and other materials accessible through the Website.
  • "User" ("you" or "your"): Refers to any individual or entity utilizing or accessing the Website, including both registered users and visitors without accounts.
  • "Products": Refers to any goods, services, or digital content offered by Genotic through the Website, which may include biotechnology-related products, digital tools, and any other goods provided by Genotic.
  • "Website Services": Refers to all functionalities provided by Genotic through the Website, such as product sales, information access, customer support, account management, and other features made available to users.
  • "Personal Data": Refers to any information that can identify an individual, either directly or indirectly, such as names, contact information, IP addresses, or any other data collected during the use of the Website.
  • "Third-Party Services": Refers to any services, content, or platforms provided by external entities that are linked to or integrated with the Website, including but not limited to payment gateways, social media platforms, and partner services.
  • "Genotic": Refers to Genotic, a biotechnology startup formally incorporated as Aperto Sp. z o. o., including its legal representatives, agents, and affiliated entities. Genotic operates within the jurisdiction of Poland and provides products and services as described in these Terms.
  • "Agreement": Refers to these Terms of Use, together with the Privacy Policy and any other terms incorporated by reference, which constitute the entire understanding between you and Genotic regarding the use of the Website.
  • "Effective Date": The date on which these Terms are last updated, as indicated above.
  • "Services": Refers to any features, functionalities, products, or services provided by Genotic through the Website.

Acceptance of Terms

You indicate your acceptance of these Terms through any of the following actions: clicking "I Agree," registering for an account, accessing restricted areas of the Website, purchasing Products, or otherwise engaging with any functionalities provided by the Website. Such actions constitute explicit acceptance of and agreement to these Terms and any amendments made hereafter.

If you are acting on behalf of an organization, you warrant that you possess the authority to bind that organization to these Terms.

If you do not agree with these Terms, you must immediately cease using the Website.

Changes to Terms

We retain the right to modify these Terms at our discretion. Modifications will take effect immediately upon their posting on the Website. In the case of substantial changes, we may also notify you via email or provide a prominent notice on the Website. Continued use of the Website subsequent to such changes constitutes your acceptance of the amended Terms. If you do not agree with the amended Terms, you are obligated to stop using the Website immediately. We advise you to periodically check the Website to stay informed of any updates.

Access and Use of the Website

Eligibility

The Website is intended solely for individuals who are at least 18 years old. By accessing the Website, you represent and affirm that you meet this eligibility requirement.

Account Creation

Certain functionalities of the Website may necessitate the creation of a user account. You agree to provide accurate, current, and complete information during the registration process and to ensure that such information remains updated. Providing false information or misrepresentation will result in the immediate suspension or termination of your account.

Account Security

You are solely responsible for safeguarding the confidentiality of your account credentials, including your password. You accept full responsibility for all actions executed under your account and must promptly inform us of any unauthorized access or security breaches. To maximize security, we recommend using a robust, unique password.

Prohibited Activities

Users are strictly prohibited from engaging in the following activities:

  • Violating Laws or Rights: Breaching any applicable laws, regulations, or third-party rights, including but not limited to violations of intellectual property rights, privacy rights, or contractual obligations.
  • Unauthorized Activities: Using the Website for any illegal or unauthorized purpose, such as participating in fraudulent activities, violating intellectual property rights, or attempting to manipulate or interfere with legitimate business transactions.
  • Disruption of Services: Interfering with or undermining the integrity or performance of the Website or its associated systems. This includes activities such as initiating denial-of-service attacks or distributing malware that negatively impacts the functionality of the Website.
  • Unauthorized Access: Attempting to access unauthorized sections of the Website or its related systems, including attempts to bypass security measures, hack restricted areas, or manipulate backend functionalities.
  • Exploitation for Commercial Gain: Reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any portion of the Website without explicit written permission. This includes efforts to redistribute content for unauthorized commercial purposes.
  • Automated Tools: Utilizing automated systems, such as robots, spiders, scrapers, or other tools, to access the Website or gather information, except where expressly permitted by our robots.txt file and with prior written consent.
  • Transmission of Malicious Code: Disseminating any viruses, malware, or other malicious code designed to harm, disrupt, or otherwise interfere with the functionality of the Website or other users' experience.
  • Misrepresentation: Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity, particularly for the purpose of deception, fraud, or unauthorized access.
  • User Harassment: Interfering with other users' use and enjoyment of the Website. This includes harassment, abusive behavior, or attempts to disrupt the communications or activities of others.
  • Unauthorized Data Collection: Collecting or storing personal data from other users without their express consent, including but not limited to scraping personal information or harvesting email addresses for unsolicited communications.
  • Server Abuse: Using the Website in any manner that could potentially damage, disable, overburden, or impair our servers or networks, including initiating excessive automated requests, uploading files without authorization, or other activities that exhaust excessive bandwidth or resources.
  • Reverse Engineering: Engaging in reverse engineering, disassembly, or attempts to uncover the source code of any part of the Website. This includes using decompiling tools or other methods to extract algorithms or confidential designs from our software.

Intellectual Property Rights

Ownership

The Website, including its entire contents, features, and functionality—comprising all text, graphics, logos, images, software, video, audio, and the selection and arrangement thereof—is the exclusive property of Genotic, its licensors, or other authorized providers, and is protected under Polish and international intellectual property laws, including but not limited to copyright, trademark, and trade secret protections. All content is provided for personal use only, and any unauthorized commercial exploitation is strictly prohibited.

License to Use

Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website solely for personal, non-commercial purposes. Commercial exploitation of any aspect of the Website without prior authorization is strictly prohibited. This license does not include the right to modify, distribute, or publicly perform any content without explicit written permission from Genotic.

Restrictions

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as expressly allowed:

  • Your device may temporarily store copies incidental to viewing and browsing.
  • Browser-cached files may be stored for performance enhancement purposes.
  • You may print or download a reasonable number of pages for personal, non-commercial use, provided no copyright or trademark notices are altered or removed.

All other uses of the Website content are strictly prohibited without prior written authorization from Genotic.

Trademarks

The Genotic name, logo, and all associated names, logos, products, services, designs, and slogans are trademarks of Genotic or its affiliates or licensors. You may not use these marks without prior written consent. Unauthorized use of these trademarks constitutes a violation of Genotic's intellectual property rights and is strictly prohibited. All other trademarks on this Website belong to their respective owners.

Products and Services

Product Information

We endeavor to provide accurate information about our products and services. However, we do not guarantee that descriptions or other content on the Website are complete, current, or error-free. Should a product differ from its description, your sole remedy is to report it to us as soon as possible pursuant to our return policy.

All biotechnology-related products are sold with clear instructions regarding safe handling, usage, and storage. Users are required to strictly comply with these guidelines. Genotic disclaims any liability for improper handling or misuse of such products.

Pricing and Availability

Prices and availability of products and services may change without notice. We reserve the right to alter or discontinue products or services at any time without liability.

Orders

An order placed through the Website does not constitute acceptance until confirmed by us. We reserve the right to accept or cancel orders at our discretion and will notify you if additional information or verification is required.

Custom Products

Custom products may be subject to additional terms, which will be communicated during the ordering process. In order to inquire for the additional terms, contact us at [email protected]

Payments and Billing

Prices

Prices are subject to change. Taxes and shipping fees are not included unless explicitly indicated.

Taxes

You are solely responsible for all applicable taxes, including sales, use, and value-added taxes related to your purchase unless explicitly indicated.

Payment Methods

We accept various payment methods, including credit cards and online payment services. By providing payment details, you affirm your authorization to use the designated method. All payments are processed securely via third-party services, and we do not retain payment data.

Billing Errors

If you suspect an error in billing, you must notify us promptly. We will investigate and rectify confirmed errors in a timely manner.

In case of a suspected unauthorized payment, users must contact Genotic within 14 days for resolution. Genotic reserves the right to take appropriate action for any misuse of payment systems, including reporting fraudulent activities to relevant authorities.

Shipping and Delivery

Shipping Methods

Available shipping options will be presented during the checkout process. These options depend on factors such as destination and product type.

Delivery Times

Delivery times are estimates and may vary. We are not liable for delays caused by carriers or customs. Shipping times are estimated and subject to delays beyond our control, such as customs processing or carrier logistics. Genotic disclaims liability for any customs duties, taxes, or additional fees incurred during international shipments. The user is responsible for ensuring that the imported Products comply with applicable local regulations.

Risk of Loss

The risk of loss transfers to you upon our delivery of the product to the carrier. Please inspect goods upon arrival and report any issues immediately.

Returns and Refunds

Return Policy

Genotic maintains a thirty (30) day return policy applicable to all Products purchased through the Website. Users may return any Product within thirty (30) days of receipt for any reason whatsoever, including but not limited to: dissatisfaction with the Product, change of requirements, or Product performance concerns. This unconditional return right reflects our commitment to customer satisfaction and confidence in our Products' quality.

Conditions and Process

The following provisions govern the return process:

  • Return Eligibility: Users shall be entitled to return Products regardless of whether such Products:
    • Remain in unused condition; or
    • Have been opened or utilized for their intended purpose.
  • Return Procedure: To initiate a return, Users shall:
    • Notify Genotic of their intent to return via email at [email protected];
    • Receive return authorization and shipping instructions from Genotic; and
    • Return the Product in accordance with provided instructions.

Refunds

Upon receipt of returned Products, Genotic shall:

  • Process a full refund of the purchase price within thirty (30) business days;
  • Issue such refund to the original payment method utilized for the purchase;
  • Include shipping costs in the refund where applicable; and
  • Provide confirmation of refund processing via email.

Exceptions

Notwithstanding the foregoing liberal return policy, certain Products may be exempt from return eligibility where required by applicable safety regulations, legal requirements, or due to the custom nature of the Product. Such exceptions shall be clearly communicated to Users prior to purchase.

Warranties and Disclaimers

Limited Warranty

If Products do not meet the published specifications, users must contact Genotic within 30 days of identification of the defect. The sole remedy under this warranty is the repair or replacement of the non-conforming Product, or a refund of the purchase price, at Genotic's discretion.

Disclaimer of Warranties

EXCEPT AS PROVIDED HEREIN, THE WEBSITE AND ALL PRODUCTS AND SERVICES ARE OFFERED "AS IS" WITHOUT WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, GENOTIC, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Indemnification

You agree to defend, indemnify, and hold harmless Genotic, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Website, breach of these Terms, or violation of any applicable law or regulation, including claims related to any misuse of Products or infringement of third-party intellectual property rights.

The Website may include links to third-party websites, which are not controlled by Genotic. We disclaim responsibility for the content, practices, or policies of these external websites. You access these links entirely at your own risk.

Termination

Genotic may terminate or suspend your account without notice if you violate any provision of these Terms, engage in illegal activity, or use the Website in a manner that could harm Genotic, its users, or third parties. Upon termination, all rights granted under these Terms shall immediately cease. Genotic reserves the right to delete any user account information upon termination without further liability.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Poland. You consent to the exclusive jurisdiction of the courts located in Poland for any disputes arising out of or relating to these Terms or your use of the Website.

Should any provision be deemed unenforceable, it shall be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full effect.

In the event any disputes arise, such disputes shall first be attempted to be resolved through negotiation and good faith mediation. If unresolved, such disputes shall be brought before the competent courts of Poland. You agree to submit to the exclusive jurisdiction of these courts and waive any objection to venue.

Changes to the Website

We reserve the right to withdraw or amend this Website, including any features or materials, at our sole discretion without prior notice. In cases where substantial changes impact paid features or services, Genotic will provide reasonable advance notice to users via email or Website notification. Users may discontinue use of the affected services without penalty if they disagree with the changes.

We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Entire Agreement

These Terms, along with our Privacy Policy and any other referenced agreements, constitute the complete understanding between you and Genotic concerning your use of the Website. Any previous agreements, understandings, or representations are hereby superseded.