‘Genetic Information’ means information about the structure of proteins, encoded as a base sequence of nucleotides according to the genetic code. We use this to refer both to your personal genetic information and the collected genetic information of your gut microbiota i.e. all living organisms (for example, bacteria, viruses, bacteriophages, fungi, parasites, etc.) that inhabit your gut and that are represented in your Sample.
We are Unseen Bio, which is the trading name of Unseen Biometrics ApS, a company registered in Denmark, with company registration number CVR 40046585.
You can contact us by email,or by writing to us at Unseen Bio, Fruebjergvej 3, 2100 København Ø, Denmark. Please note that any interaction between us via social media will not be recorded as part of our quality improvement systems and that any questions or complaints about these terms or the Services should be submitted to us by email or post.
If we have to contact you, we will do so by email at the email address you provided to us when you registered your user account (or when you have not registered a user account, the email address in your order).
When we use the words ‘writing’ or ‘written’ in these terms, this includes emails. Email is the preferred method of communication between you and Unseen Bio.
These Terms of Service govern your (“you” “customer” or “user”) access to and use of our services, products, programs, microbiome testing service, Research, Research Studies, optional Study Participation programs, website, software applications including mobile applications, data analysis, Kits, collection and analysis of stool samples, and uploading and construction a digital version of your Genetic Information and interacting with it on the Website or Apps (collectively, the “Service”) provided by Unseen Biometrics ApS (“Unseen Bio,” “we”, or “us”).
These terms and conditions apply to Users resident in the European Union (Austria, Belgium, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovenia, Spain and Sweden) including Monaco, Norway, Switzerland, and the United Kingdom. Unseen Bio also may offer other Services from time to time that are governed by different terms and conditions. We reserve the right to restrict access to the Services to any User at any time due to changes in applicable law or regulation.
Please read these terms carefully before you submit your order to us and/or register a user account for our Service. These terms tell you who we are, how we will provide the Service to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss this .
You acknowledge and agree that while we use our best endeavors to provide the Service in accordance with the latest scientific research and technology, as such research and technology evolves or the legal, regulatory and business environment changes, the nature of the Service that we make available to you may change. Therefore, we may at our sole discretion, suspend or terminate access to any aspect of the Services.
You may stop using the Services at any time, however, if you are on our subscription plan or wish to close your account, you will need to inform us.
These Terms do not alter in any way the terms or conditions of any prior written agreements you may have with Unseen Bio separately, if any, on other matters.
If you do not agree to these Terms, please immediately discontinue use of the Service. Your access to and use of the Service, and any Accounts you establish in connection with the Service, are conditioned on your compliance with these Terms. If Unseen Bio, in its sole discretion, determines that you have failed to comply with any of these Terms, it shall have the right to terminate your access to and use of the Service or any component of it and any associated Account(s) therewith immediately and without further notice.
Please note that some features of Unseen Bio Services may be provided under additional or separate legal agreements or consents between Unseen Bio and you. If that is the case, when you first participate in or use such features, you will be provided an opportunity to review and agree to the terms that govern such Service features. We may also require your affirmative acceptance of the informed consent forms applicable to Service features such as optional Research Studies and Study Participations. If there is a conflict between these Terms and legal terms applicable to a particular Service feature, Research Studies, or Study Participations, the terms in such agreements and consent forms will take precedence over these Terms with respect only to those specific Service features.
Unseen Bio reserves the right to change, revise, update, or modify these Terms or any notices, policies, or guidelines incorporated herein at any time and in its sole discretion. Any changes or modifications will be effective as of the date stated at the top of these Terms immediately upon posting of the revisions on the Service. Your continued use of the Service following the posting of such changed or modified Terms will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and any applicable policies to understand the most current terms and conditions that apply to your use of the Service.
You may not use the Services and may not accept the terms and conditions, either on behalf of yourself or those for whom you have the legal authority to accept, if:
If you have purchased our testing kit(s) through a reseller, and find out that you are not eligible for our Testing Services, please contact the reseller to find out about their returns policy.
If you have been given our testing kit(s) as a gift by a third party, and find out that you are not eligible for our Testing Services, please ask the third party to request a refund with us (See section 17 for further details on our refund policies).
You may not use the Services if you are using the Services for a business or commercial purpose, or any purpose other than personal use, unless authorised in writing by Unseen Bio.
If you have any questions about the privacy statement or there is anything that you do not understand, please contact us at email@example.com with ‘Privacy’ as the subject line.
Your sample will be tested within test laboratories that are accredited to International Standards (CAP, CLIA, and DIN EN ISO 15189:2014) by the German notified body, DakkS. A Notified Body is a body appointed by a national or international government or other authority to assess conformity with regulatory or other standards.
Depending upon what Samples you provide and the Service you subscribe to, using your Samples, Unseen Bio may do any of the following types of tests and analysis, at our certified laboratory or using a third-party service, if needed, as part of the Service:
Unseen Bio does not perform the following types of tests and analysis as part of its Services
Unseen Bio will provide you with Test Results, and personalized recommendations on diet, lifestyle and healthcare derived from the application of Unseen Bio's proprietary technology and methodologies in the analysis of your Sample Data, Test Data, and other information such as Self-Reported Information you provided. You may choose to follow these recommendations as little or as much as you wish, or you may choose not to follow these recommendations at all.
Biological Samples are processed by Unseen Bio in an irreversible manner and they cannot be returned to you once submitted for testing and analyzed by Unseen Bio. Data from your Samples will be saved on Unseen Bio secure servers with industry standard privacy and security safeguards. Unseen Bio plans to retain your Samples for at least three (3) months, and data for at least eleven (11) years, but may, in its sole discretion, retain such Samples and data for a longer period of time. Unseen Bio may also use Test Results for improving its data analysis methods and an artificial intelligence engine.
Situations may arise in which the laboratory is not able to process your sample, or the analysis of said sample may result in errors. It may not be possible to analyse your microbiome's genetic information due to insufficient volume of stool, or in the event that the processing of your genetic material fails to pass our quality control. Should your sample fail the initial processing for any of these reasons, Unseen Bio will process your sample a second time for no additional fee. In the case that the second processing of your genetic material fails, you will receive another kit for sample collection from Unseen Bio at no additional fee. If the processing fails again upon reception of the second sample, you (or the person who is the recipient of the kit) will not receive another sample collection kit from Unseen Bio. A full refund of the total amount paid to Unseen Bio will be offered upon request from you (or the person who is the recipient of the kit)
In the event that a refund has already been provided for the purchase of a kit, you are not permitted to submit a sample in the future. No refund will be provided to users that breach these terms and conditions by submitting a future sample for processing if the processing of this future sample is unsuccessful.
Due to the nature of genetic sequencing technology used, it is not possible to interpret the microbiome's genetic information provided without errors, although these will comprise a small percentage of the results. As such errors cannot be predicted in advance, Unseen Bio does not offer a refund or other compensation with respect to them.
The above clauses delineate the conditions of Unseen Bio’s sole responsibility for situations when the processing of your Genetic Information is not possible.
Research into the influence of the microbiome on health and disease risk is ongoing. Unseen Bio’s technology is designed to analyse hundreds of thousands of data points in your microbiome's genetic information. However, only a small fraction of these are known to influence health conditions and physical traits. Research into the microbial and genetic basis of health is progressing rapidly and Unseen Bio is dedicated to supporting the investigation into these interactions.
Only a portion of ethnic groups, ethnic diets and specific dietary trends around the world have been sufficiently studied from a microbial and genetic perspective. For this reason, Unseen Bio can only provide information arising from published studies on the topic. Therefore, it is possible that some interpretations may not be applicable to a user who is genetically descended from genetic ethnic groups, or is consuming an ethnic or specific diet that has not been sufficiently studied as of the present time.
Advances in scientific research may influence the interpretation of your microbiome's genetic information, including the possibility that previous published studies upon which the interpretation is based are discovered to be incomplete or inaccurate.
Your microbiome's genetic information is a matter of personal privacy. Should you choose to share it with others, it may have consequences that go against your interests. For this reason, it is important to think before sharing your microbiome's genetic information. Even though it is not common for businesses or insurance companies to ask for your genetic data, this may happen in the future.
Before sharing your microbiome's genetic information, consult a legal specialist regarding the legal protection of this information in your country.
Your microbiome's genetic information shared with a GP may be included in your medical record, which may indirectly make it available to other healthcare providers or insurance companies in the future.
Should you choose to make your microbiome's genetic information available to relatives, friends or employers, you accept sole responsibility in the case that this information is used against your interests. Genetic Information will likely gain greater value as technology and the body of research on genetics grow.
The Services provided by Unseen Bio are destined for informational, research and educational purposes only. The results of any Unseen Bio Test do not constitute a diagnosis, nor medical advice. Please consult your general practicioner or a professional diet counsellor with any questions you may have about the outcomes and recommendations of our Services
Unseen Bio is not responsible for action, resources, diagnosis, treatment, mitigation or other avenues associated with your microbiome's genetic information. You are solely responsible for situations arising from the consultation of or use of diet plans, pre- and pro-biotics, supplements, drugs, biologics, medical devices, procedures, medical opinions and other information following the reception of your microbiome's genetic information through the use of Unseen Bio Tests, online platform and other Services.
Should the use of Unseen Bio Services, including tests, Self-Reported Information and referring scientific literature, indicate areas of concern for your health; it is for informational purposes only. Consult a general practicioner or a professional diet counselor regarding your concerns.
What happens when you register as a user by creating an account on our Website or Apps.
If you register, you accept our terms and conditions.
Registering for an account.
To register, you must be over 18 years of age and complete a registration form for an account on our Website or Apps which includes setting your username and password.
Keeping your account details secure.
You are responsible for ensuring that the information you provide to us is correct and for ensuring that your password and account details remain confidential to you. We will not be responsible for any loss or damage which arises to you or to any other person as a result of your failure to keep your password and account details secure. Please contact us immediately if you become aware of or suspect any unauthorised use of your account or password. You must keep the contact details we hold for you up-to-date so that we can contact you if necessary.
If we cannot accept your user registration and you have purchased our testing kits from one of our resellers.
If you have purchased the testing kit from one of our resellers, we will inform you by email and we will refund you the price you have paid. To find out more about refunds, please see Section 15.
We only sell to certain countries. Our Website and Apps are solely for the promotion and sale of our Services in the European Union (Austria, Belgium, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovenia, Spain and Sweden) including Monaco, Norway, Switzerland, and the United Kingdom. Unfortunately, we do not accept orders from or deliver to addresses outside these countries.
How to purchase our Services. You can purchase our testing kits on our Website by filling in and submitting the online order form. You do not need to register for an account with us for purchasing, but you will need to do that for receiving the Service.
How we will accept your order. Unless you have ordered our testing kit from one of our resellers, all orders are subject to acceptance by Unseen Bio and your acceptance of these terms and conditions. Our acceptance of your order will take place when we email you to accept it, at which point a contract of delivery will come into existence between you and us. This contract of delivery ends when we deliver the product(s) to the address you supply.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Service.
Your order number. Where we supply the testing kit(s), we will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Where we supply the testing kit(s), we will take all reasonable care, in so far as it is within our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
This section 12 only applies in the case where you intend to purchase or have purchased a testing kit directly from Unseen Bio’s Website.
Where to find the price for the Testing Services. The price of the Testing Services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Testing Services advised to you is correct. However please see clause 12.4 for what happens if we discover an error in the price of the Testing Services you order. All amounts due under these terms and conditions shall be payable in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Testing Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Testing Services in full before the change in the rate of VAT takes effect.
What happens if we get the price wrong. It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Services provided to you.
What payment options do we support We receive payment with Dankort, Visa, MasterCard and Mobilepay. Payment fees are not charged on private credit card payments. The amount is deducted when the order is shipped If you have ordered multiple items and one of the items is in backorder, we will deduct payment for this item when the item is shipped.
Clauses 13.3, 13.4 and 13.5 only apply in the case where Unseen Bio directly handles the delivery of your order.
Delivery costs. The costs of delivering the testing kit to you, and those of you sending your samples to us for analysis, are included in the price of the Testing Services which will be as displayed to you on our Website or if ordered through another reseller, on their respective website. If you decide to return your kit (see section 18) then you are entitled to a refund of the price of the kit less the charges incurred through delivery and return of the product.
If you are not at home when the testing kit is delivered. If no one is available at your address to take delivery and the testing kit cannot be posted through your letterbox, you will receive a notification informing you of how to re-arrange delivery or collect the testing kit from a local depot.
If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect your order from a delivery depot, we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract for delivery (see clause 19.2).
When you become responsible for the testing kit. Where we supply the testing kit, it will be your responsibility from the time we deliver it to the address you gave us until we receive it back from you. This is also the moment, when our contract for delivery ends.
Expected time of delivery. Unless otherwise indicated, we deliver in Denmark within at least 1-3 working days of your purchase, but possibly up to a week after your purchase. Unless otherwise indicated, in EU countries that are not Denmark, we deliver within 5-8 working days, but possibly up to two weeks after your purchase.
What happens when you post your sample back to us. As soon as we receive your sample a contract of service for Testing Services between you and Unseen Bio will come into existence at this point. To find out more about how to go about ending the contract of service, please see section 15.
When we will start providing the Testing Services. We will inform you immediately upon receiving your sample that we will begin to provide the Testing Services to you. This will be visible in the test overview section in your user account on our website.
When the contract for Service ends. Unless otherwise indicated, once we have uploaded the results of the Testing Services to your account, the contract for Service between us ends.
We are not responsible for delays outside our control. If our supply of the Testing Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we give notice of said delays, we are not liable for such events. Should substantial delays arise (in excess of six weeks after receipt of the sample), you may contact us to cancel the contract and receive a refund for any Testing Services you have paid for but not received.
Reasons we may suspend the supply of the Services to you. We may have to suspend the supply of the Services to:
Your rights if we suspend the supply of the Services. We will contact you in advance to tell you that we will be suspending supply of the Services, unless the problem is urgent or an emergency. You may contact us to end the contract of service if we suspend, or tell you we are going to suspend, the supply of the Testing Services, for a period of more than ten (10) weeks and we will refund any sums you have paid in advance for the Testing Services.
We may also suspend supply of the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see clause 12.5) and you still do not make payment within fourteen (14) days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services.
You can always end your contract of delivery or contract of service with us. Your rights when you end the contract will depend on whether there is anything wrong with the Services, how we are performing and when you decide to end the contract:
Ending the contract of delivery or contract of service because of something we have done or are going to do. If you are ending a contract for one of the reasons set out below the contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:
When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
Ending the contract of service where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 15.1), you can still end the contract before it is completed, but you may have to pay us compensation. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Testing Services not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
Tell us you want to end the contract. To end the contract with us, please send us an e-mail to firstname.lastname@example.org using the subject line “Cancellation”. Please provide your name, home address, details of the order and, where available, your phone number and email address. You cannot cancel your order by refusing to receive the item or failing to pick it up without notifying us at the same time.
For details on returns and refunds, see section 17.
Right to be forgotten. If you want to have your samples and data removed from our records you must contact us by email at email@example.com using the subject line: “GDPR: Right to Erasure”. We will then commence the process that will result in removing your samples and data from our records. You will be informed by e-mail that this process has been undertaken on your behalf.
How long do I have to change my mind? Your right to cancel an order for you begins the day we email you to confirm we accept your order and ends fourteen (14) days after the day on which you receive your order. You can also cancel your order for Services not including testing kits or other product (s) within fourteen (14) days of your order.
Am I entitled to a refund? You can return or exchange items purchased at unseenbio.com at any time and receive a full refund. In some cases, we will be unable to offer you a refund for your products. These include, but are not limited to;
Returning products after ending the contract where we have supplied the testing kit. Where we have supplied the testing kit, if you end the contract for any reason after we have accepted your order, you must return these to us, even if it has been unsealed. You should ensure that the item is properly wrapped when you return it. You yourself carry the risk of the package / goods until we receive it. Therefore, save mail receipt as well as any track & trace number. You must post the testing kit back to us at Unseen Bio, Fruebjergvej 3, 2100 København Ø, Denmark. Please email us at firstname.lastname@example.org, with the word ‘Return’ in the subject line for a return label. If you are exercising your right to change your mind you must send or deliver the item to us without undue delay and no later than 14 days after you have notified us that you wish to cancel your purchase.
You must pay the costs of returning a kit to us. Unless one of the exceptions below occurs (clause 17.5), the testing kit delivered to the address you provided us with is your responsibility from the time that it arrives until the time we receive it back from you (see clause 13.5). If you intend to send one or more products back to us, in order to receive a refund for the price paid for those products, then you are responsible for the payment of any postal charge incurred in returning them.
When we will pay the costs of return. We will pay the costs of return:
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. We may require you to provide evidence of your costs of return by providing copies of receipts.
How we will refund you. We will refund you the price you paid for the Testing Services excluding your costs of return, unless one of the stipulations in clauses 17.5 (a) and (b) applies. We will make such refund using the same method you used for payment.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
Tell us you have changed your mind. If you have changed your mind, please email us at email@example.com , including the word ‘Refund’ as the subject line. Please provide your name, home address, details of the order and, where available, your phone number and email address
In addition to your rights set out in this clause 17, you may have additional rights under applicable law
Minor changes to the Services. We may change the Services:
More significant changes to the Services. If we make more significant changes to the Services, we will make reasonable efforts to notify you. By using Unseen Bio Services, you understand that changes to our terms and conditions may arise. You understand that by accepting these terms and conditions, the Service may change over time. By continuing to use this Service, you accept changes made to this Service.
Changes to these terms. Unseen Bio may make changes to these terms and conditions from time to time to reflect changes in our Services, technology, commercial practice, behaviours, our business and the way Users use our Services and applicable law and regulations. When these changes are made, Unseen Bio will make a new copy of these terms and conditions available on its Website and Apps with reference to the affected Services. Unseen Bio will use reasonable efforts to notify you of any significant changes to these terms and conditions. You acknowledge and agree that if you use the Services after the date on which these terms and conditions have changed, Unseen Bio will treat your use as acceptance of the updated terms and conditions.
We may end the contract if you break it. We may end the contract at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;
you do not, within a reasonable time, allow us to deliver the testing kit to you;
you do not return your samples to us within the time limit stated in the instructions supplied with the testing kit;
you violate any of the terms found in section 23, or Unseen Bio suspects that you violated the terms section 23. In such case, Unseen Bio has the right to suspend or terminate your account and refuse future use of the Services.
How to tell us about problems. We take complaints very seriously. In case of any issue or defect with our product you can complain within 24 months from delivery by email to firstname.lastname@example.org using the subject line “Complaint” . Please describe the issue or defect in detail to minimize response time. If the complaint is justified Unseen Bio will refund the cost.
Your obligation to return rejected products. Where we have supplied a testing kit, if you wish to exercise your right to reject the testing kit you must post it back to us. You should ensure that the item is properly wrapped when you return it. You yourself carry the risk of the package / goods until we receive it. Therefore, save mail receipt as well as any track & trace number.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We are not responsible to you for loss and damage caused by your breaking this contract. We are not responsible for loss and damage caused by:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Services.
We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We may assign this agreement to someone else. We may assign our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this and to confirm what will happen to any of your Personal Data or samples in storage at the time of the assignment. If you are unhappy with the assignment you may contact us to end the contract within fourteen (14) days of us telling you about it and we will refund you any payments you have made in advance for Services not provided.
You need our consent to assign your rights to someone else. You may only assign your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal or unenforceable, the rest will continue in force. Each clause of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms and conditions are governed and interpreted in accordance with Danish law and the parties submit to the non-exclusive jurisdiction of the Danish courts to bring legal proceedings with respect to these terms and conditions.
You agree not to use the Services in an unlawful manner in any manner that could damage or interfere with the provision of the Services to any person. You also agree not to access information which you are not explicitly authorised to access via the Services.
In addition, you explicitly agree not to use the Services as follows:
In the event you breach this section, Unseen Bio has the right to suspend or terminate your account or access to the Services at its sole discretion with no further obligation to provide access to the Services to you in the future.
You agree that you will abide by all applicable laws and regulations in your use of the Services and specifically that you will not violate any applicable export control rules.
In addition, you agree that you will not do anything that would cause Unseen Bio to violate any such statute, regulation or rule.
Unseen Bio will not control any of the user uploaded content that is posted through the Service. Unseen Bio does not guarantee the accuracy or quality of any user uploaded content (including your User Content) or other outside content not provided by Unseen Bio. You acknowledge that using the Services may expose you to offensive and indecent content. Under no circumstance can Unseen Bio be held responsible for any uploaded content (including your User Content) or outside content, including errors in such content, loss, or damage as a result of the content posted or shared through the Service.
Unseen Bio retains the right to remove user uploaded content for any reason. You understand that Unseen Bio has the right, but not the obligation, to review, modify, pre-screen or refuse any content (including User Content) that is available through the Services. Unseen Bio and its designees have the right to remove any content that is violating the terms and conditions at Unseen Bio’s sole discretion. You agree to evaluate and understand all the risks associated with content use, including the accuracy or usefulness of the content.
You hereby acknowledge that as a result of providing any stool sample, having your Genetic Information analysed, accessing your Genetic Information, or sharing Self-Reported Information or User Content, you will not receive any compensation for research or commercial products that may be developed. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU HEREBY WAIVE AND DISCLAIM ALL RIGHTS WHATSOEVER IN ANY PRODUCTS THAT MIGHT BE DEVELOPED BY UNSEEN BIO OR ANY THIRD PARTY USING YOUR GENETIC INFORMATION OR SELF-REPORTED INFORMATION.
You hereby waive any moral rights to any User Content, Genetic Information or Self-Reported Information to which you now or may at any future time be entitled under Chapter IV of the Copyright Designs and Patents Act 1988 or any similar provisions of law in any jurisdiction, including (but without limitation) the right to be identified, the right of integrity and the right against false attribution, and agree not to institute, support, maintain or permit any action or claim to the effect that any treatment, exploitation or use of such works or other materials, infringes your moral rights.
You agree that you will indemnify and hold harmless Unseen Bio and its officers, employees, contractors, agents, partners, successors, and assigns and those of its affiliates, from any damages, liability, or claims (including attorney’s fees), derived from or attributable to your violation any portion of these terms and conditions.
If you have provided Unseen Bio with a stool sample you will indemnify, defend and hold harmless Unseen Bio, its officers, employees, contractors, agents, partners, successors, and assigns and those of its affiliates, from any damages, liability, or claims (including attorney’s fees) from your use of the Services or disclosure of any information obtained from the genetic analysis of your saliva and/or sample, the analysis of your Genetic Information or some other third-party services, or results from third party add-ons that are provided in the future. Further, you also agree to indemnify Unseen Bio, its employees, contractors, successors, and assigns from any liability resulting from your disclosure of your Genetic and/or Self-Reported Information to third parties.
You agree to indemnify, defend and hold harmless Unseen Bio and its officers, employees, contractors, agents, partners, successors, and assigns and those of its affiliates, from any damages, liability, or claims (including attorney’s fees), made by any third party from your User Content submitted or shared through the Service, your Service use, your Service connection, your terms and conditions violations, or any other rights violation (s).
Other than pursuant to Unseen Bio’s limited license or another agreement, you agree not to distribute, publish, duplicate, copy, create, sell or share portions or all the Services, the use of the Services or access to the Services for any commercial purposes.
Unseen Bio Services must be provided and purchased via an approved source. If you sell or purchase your Service without permission from Unseen Bio, via an unapproved third party or have received the kit as a gift, Unseen Bio reserves the right to decline the processing of samples and/or issuing of reports.
If you wish to give the Services as a gift Unseen Bio currently approves the following procedure: You purchase a gift card through our Website or App. The recipient of this gift then uses the gift card code for the order of a kit. As part of that order they open their own user account with Unseen Bio.
Not following the procedure outlined in above by gifting just the kit or any of its components is not approved. If found out, Unseen Bio reserves the right to decline the processing of samples and/or issuing of reports, and has the right to suspend or terminate your personal account and decline current and future Services to you, should you be held in breach of these terms and conditions.
You understand that Unseen Bio may establish practices and usage limits concerning the Services. These include, but are not limited to the maximum number of times you can access the Services in each period, the maximum number of days that your Personal Data, Genetic Information, and Self-Reported Information and User Content are retained by the Service, and the maximum disk space allowed on Unseen Bio’s data servers with respect your account. You understand and accept that Unseen Bio has no responsibility for the loss of any of your data including User Content, Self Reported Content or Genetic Information due to any malfunction of its data servers or deletion in accordance with applicable usage limits or storage practices applying to the Services, including its data retention policy. You also should understand that Unseen Bio has the right to change these usage limits and storage practices at any time, subject to applicable law.
You may terminate your agreement with Unseen Bio by providing notice to us in writing.
Unseen Bio can terminate its legal agreement with you at any time, as well as revoke your password and terminate your account if:
You may no longer have any access to the Services after termination of these terms and conditions. Unseen Bio will not be liable to you or any third party for terminating Service use.
A termination of the terms and conditions or a user account will not affect any existing obligations of you to Unseen Bio, nor will it affect any rights or remedies of the parties that have accrued up to the termination.
Clauses 6, 8, 9, 21, 22, 27, 30, 33, 34, and 35, will survive termination of these terms and conditions. Any other provision of these terms and conditions that expressly or by implication is intended to come into or continue in force on or after termination of these terms and conditions shall remain in full force and effect.
You hereby understand, agree and acknowledge that Unseen Bio and/or its licensors are the owner of all Intellectual Property Rights in the Services. Except as authorized by Unseen Bio or permitted under applicable law, you shall not modify, sell, distribute, reverse-engineer or create derivative works of our Intellectual Property rights or information found on the Services. You shall not have a right to use any software downloaded via the Services without first agreeing to the applicable end-user license agreement. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
You acknowledge that to the extent that you receive or obtain access to non-public or confidential information relating to Unseen Bio or any other third party as a result of accessing the Services, you cannot disclose this information without our prior consent in writing or the consent of the applicable third party.
Unseen Biometrics ApS, Unseen Bio, and other Unseen Bio logos, domain names, products and service names are registered and unregistered trademarks of Unseen Bio (‘Unseen Bio Marks’). You are not permitted to use any of the Unseen Bio Marks, attempt to secure any rights that are confusingly similar to any Unseen Bio Marks or suggest an affiliation with Unseen Bio, without our prior consent in writing. When using the Services, you shall also not use the trademarks of any third party without our prior consent in writing.
For any software belonging to us or our licensors that does not have a separate end-user license agreement, Unseen Bio grants you a non-exclusive, non-transferable, non-sublicensable right to use the software on your computer or mobile device for the sole purpose of accessing the Services in accordance with these terms and conditions. You shall not be permitted to access the Services using any unauthorised software.
By submitting User Content to Unseen Bio, you hereby grant Unseen Bio, and its affiliated companies, sublicensees, and successors and assigns a non-exclusive, perpetual, royalty-free, irrevocable, worldwide license to use, reproduce, adapt, translate, modify, reproduce, publish, publicly perform, display, and distribute and User Content.
You are the owner of your Genetic Information and Self-Reported Information. You hereby grant Unseen Bio, and its affiliated companies, sublicensees, and successors and assigns a non-exclusive, perpetual, royalty-free, irrevocable, worldwide license to use, translate, analyse, and adapt your aggregated and de-identified Genetic Information and Self-Reported Information for the purpose of providing and improving the Services.
While the Unseen Bio agrees to provide the Services with reasonable skill and care, the following disclaimers apply:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNSEEN BIO AND ITS AFFILIATES, DIRECTORS, CONSULTANTS, AGENTS, SUB-CONTRACTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOST PROFITS, LOST REVENUES, AND LOSS OF BUSINESS OPPORTUNITY, WHETHER OR NOT UNSEEN BIO WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES AND WHETHER THE SAME ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE AGGREGATE LIABILITY OF UNSEEN BIO AND ITS AFFILIATES, DIRECTORS, CONSULTANTS, AGENTS, SUB-CONTRACTORS OR EMPLOYEES FOR OR IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU (WHETHER DUE TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL NOT EXCEED THE GREATER OF THE AMOUNTS PAYABLE OR PAID BY YOU IN THE 12 MONTHS PRECEDING THE DATE OF THE EVENT FOR WHICH THE LIABILITY ARISES.
UNLESS DUE TO OUR NEGLIGENCE, UNSEEN BIO SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM:
Nothing in these terms and conditions excludes or limits in any way whatsoever the liability of Unseen Bio or its directors, consultants, agents, sub-contractors and employees for:
Notices under these terms and conditions can be made to our email at email@example.com and the last-known email address associated with your User ID. Notices by email shall be deemed to be received at the time of transmission unless the email is notified as undelivered.
Notices may also be provided to your last-known address or our address below and if sent by prepaid airmail shall be deemed to have been received at 9 AM on the fifth business day after posting.