Biomorphik Mobile Application Terms of Use

Biomorphik Mobile Application Terms of Use

Last updated: October 15, 2020

Please read these terms and conditions carefully before using Our Service.

The Biomorphik Terms of Use were last updated on October 15, 2020.

These Terms of Use (“ToU”) apply to any use by you (the “User”) of the Biomorphik Mobile Application, including without limitation the application, functionality, insights, and content, (collectively, the “Mobile Application”) created by Biomorphik Pty Ltd, Room 222-225, Level 2, 38 Gawler Place, Adelaide 5000 (“Biomorphik”).

By using the Mobile Application, you agree to be bound by these ToU which constitute a binding agreement between you and Biomorphik. Please read these ToU carefully so that you know what your rights and obligations are when using the Mobile Application.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Application means the software program provided by the Company downloaded by You on any electronic device, named Biomorphik View

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Country refers to: South Australia, Australia

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Biomorphik PTY LTD, Room 222-225, Level 2, 38 Gawler Place, Adelaide 5000.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store’s own terms and conditions.

Service refers to the Application.

Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

1. General Terms
   • These ToU apply to the use of, and access to, the Biomorphik Mobile Application by User. If the User does not agree with these ToU, the User may not use the Mobile Application.
   • Biomorphik may amend these ToU at any time. By continuing to use the Mobile Application after the ToU have been amended, the User accepts the amended ToU. If the User does not agree with the ToU at any time, the User’s exclusive remedy is to stop using the Mobile Application.
   • If any provision in these ToU are held to be invalid or unenforceable, the other provisions of these ToU shall remain in full force and effect.  In such a case, Biomorphik will replace the void or unenforceable provisions with new ones. In doing so, the purpose and meaning of the void or unenforceable provisions will be taken into account as far as possible.
2. Licence and Use
   • Biomorphik hereby grants the User a limited, revocable, non-exclusive, non-transferable, right to access and use the Mobile Application pursuant to these ToU (the “Licence”).
3. Mobile Application Content
   • The Mobile Application is created and built by Biomorphik. For any and all content created and/or uploaded to the Mobile Application, Biomorphik shall be deemed to be the owner of such content and/or have in its possession a license and/or permission to use the content.
   • Biomorphik may temporarily or permanently prohibit you from using the Mobile Application and take measures to keep you out of the Mobile Application, if Biomorphik determines that you have abused the right to use the Mobile Application, breached these ToU or performed any act which is harmful or likely to be harmful to Biomorphik or other parties.
4. Compliance With Applicable Law
   • You will comply with all applicable laws, rules and regulations in connection with your use of the Mobile Application, including without limitation, compliance with data privacy laws, applicable export control laws and other relevant, applicable regulations.  You will be responsible for all activities conducted under your Member Account.
5. Acceptable Use Policy
   • Use of the Mobile Application to do any of the following, as determined by Biomorphik in its sole discretion, is strictly prohibited:
     • include software such as viruses or Trojans that can damage or erase, make unavailable or inaccessible any computers or data of Biomorphik, other Users or third parties;
     • bypass technical security measures of the computer systems of Biomorphik, other Users or third parties;
     • impede the functionality of the Mobile Application or any of its features;
     • infringe any of Biomorphik’s or any third-party’s intellectual property rights, privacy rights or any other rights;
     • promote or provide instructions or information about how to engage in illegal conduct, commit illegal activities or promote physical harm or injury;
     • involve any illegal activities or activities that are contrary to morality or public order;
     • involve false or misleading information;
     • involve otherwise inappropriate use;
     • breach these ToU; and/or
     • be unlawful in any way whatsoever

6. Intellectual Property Rights
   • The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
   • The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
   • Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
   • User acknowledges and agrees that, except as specifically set forth in these ToU, Biomorphik retains all rights, title and interest, including without limitation domain names, copyrights, trademark, tradename and trade dress rights, patent rights, and know-how (“Intellectual Property Rights”), in and to the technology, programming code, mobile application content, and all other assets relating to the Mobile Application, as well as to any modifications, adaptations or translations thereof.  The User acknowledges and agrees that it does not acquire any rights therein, express or implied, except for any rights expressly granted under these ToU.
   • User is not permitted to sell, rent out, transfer or copy the Mobile Application or make it available to third parties in any way or for any purpose not expressly permitted in these ToU.
   • Biomorphik will be permitted to install technical provisions for the purpose of protecting the Mobile Application. User is not allowed to remove or circumvent such technical provisions.
7. Privacy Provisions
   • Please refer to our Mobile Application Privacy Policy.
8. Disclaimer
   • The Mobile Application is provided on an “as is” basis without warranty of any kind. Moreover, Biomorphik does not warrant that the Service will be error free, complete or up-to-date at all times.
   • Biomorphik does not guarantee that the Mobile Application or any part thereof will be accessible at all times and without any interruptions or failures. Failures in the Mobile Application can occur as a result of failures in the Internet or phone connection or as a result of viruses and/or faults/defects.
   • Biomorphik does not warrant in any way whatsoever that any terms and conditions applicable to third-party software or services – including but not limited to the hosting provider or third-party devices – allow the use of and/or interaction with the Service.
   • Use of the Mobile Application is at the User’s own risk. The User is responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the Mobile Application. The risk of loss, theft or damage to any data will at all times be borne by the User.
   • If you experience any physical symptoms such as abnormal or sudden blood pressure changes, fainting, dizziness, or irregular heart beat or any other physical symptoms which seem abnormal to you while participating in the Mobile Application or undertaking any of the proposed Experiments, stop exercising immediately and consult your doctor without delay. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR LEARNED THROUGH YOUR PARTICIPATION IN THE BIOMORPHIK MOBILE APPLICATION. The information We provide is for educational and informational purposes only and should not be considered medical advice, diagnosis or treatment. The Biomorphik App is not a substitute for medical advice obtained from your doctor, GP or other health service provider, nor is it a diagnostic or medical consultation, nor does it prescribe how you are to treat any medical issues you may have or treat, cure or prevent any disease. This can be performed only through consulting a medical professional (such as a GP or specialist). If you have any medical condition, consult a medical practitioner before using the Biomorphik App, engaging in an exercise program, or changing your lifestyle behaviours or diet. Biomorphik is not responsible for any health issues or complications that may result from information, exercise, products, or Third-party Services you learn about through the App. In the event you use any program or device or Third-party Service that you learn about through the App, you agree that you do so at your own risk and are voluntarily participating in these activities.
   • If you have any medical issues that you have recorded in the App, you are responsible for whether or not you decide to consult a medical professional and/or seek medical advice.
   • If, and to the extent that, our App contains links to other websites, services, or products operated or otherwise provided by third parties, these links and services are to be construed as being provided for your information only.
   • We are not able to influence the content of such websites, services, products or resources provided by third parties, and we may not be held liable for the content of information or websites linked to. We may not be held liable for any financial or physical damages that you may incur as a result of, or in connection with, the use of such websites or resources.
   • If you have any healthcare-related questions, please call or see your physician or other qualified health care provider without delay. Biomorphik shall not be liable for any diagnostic or treatment decision made by you in reliance on any information provided by Biomorphik (e.g. through the Mobile Application content, insights, or Experiments). Should any unexpected medical event occur while you are participating in the Mobile Application, please seek medical advice, diagnosis or treatment without delay. Your reliance on any information made available through your Membership is solely at your own risk.
9. Limitation of liability
   • Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
   • To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
   • Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
   • BIOMORPHIK, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS (THE “INVOLVED PERSONS”) SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE MOBILE APPLICATION OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OR AVAILABILITY OF THE APPLICATION , OR FROM ANY FAULT, OR ERROR MADE BY THE INVOLVED PERSONS’ STAFF OR ANYONE ACTING ON THEIR BEHALF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON OR THROUGH THE APPLICATION, OR FROM ANY COMMUNICATION, INTERACTIONS, DEALINGS OR ENGAGEMENTS MADE OR ATTEMPTED THROUGH THE APPLICATION – WHETHER OR NOT THE INVOLVED PERSONS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE TO UNINSTALL AND CEASE ANY USE OF THE APPLICATION. ANY AND ALL USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION THE TRANSMISSION, DISTRIBUTION AND MAKING AVAILABLE THEREOF, BY OR ON BEHALF OF THE USER, PLATFORM PROVIDERS (SUCH AS THE APPLE APP STORE OR THE GOOGLE PLAY STORE) AND/OR END-USERS IS FOR THE USER’S OWN RISK AND RESPONSIBILITY. BIOMORPHIK IS NOT LIABLE OR RESPONSIBLE FOR THE CONTENT, THE APPLICATION OR ANY USE MADE OF THE APPLICATION BY USERS, NOTWITHSTANDING ARTICLE 8.
   • As part of Biomorphik’s services to the User, Biomorphik may provide and / or promote third-party services access, hardware, software, and goods (“Third-party Services”). BIOMORPHIK DISCLAIMS ANY AND ALL LIABILITY, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, FOR SUCH THIRD-PARTY SERVICES. THE CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATION HAS BEEN MADE BY BIOMORPHIK AS TO THE FITNESS OF THE THIRD-PARTY SERVICES FOR THE USER’S INTENDED PURPOSE.
   • Biomorphik’s App may contain links to websites and / or services owned and operated by third parties. If you use these links and / or services, you leave our App. These links are provided for your information and convenience only and are not an endorsement by Biomorphik of the content of such linked websites, services, or third parties. Biomorphik has no control over the contents of any linked website and is not responsible for these websites or their content or availability.
   • Biomorphik therefore makes no warranties or representations, express or implied about such linked websites, the third parties they are owned and operated by, the information contained on them or the suitability or quality of any of their products or services.
   • If you decide to access any third-party services and make use of the information contained on them, and/or enter into any contract for the supply of goods or services from such third-party, and/or make any payments to such third-party, you do so entirely at your own risk. Biomorphik accepts no liability for any damage or loss, however caused, in connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked website or service
   • Our Services aim to provide motivational tools and information that help you establish and attain your fitness, health, and wellbeing goals. Our App and its services are not a medical or health care service. Biomorphik’s App is not intended to be a substitute for professional medical consultation, advice or treatment from qualified medical practitioners. Biomorphik does not endorse any specific tests, medical professional, doctor, products, procedures, opinions, or any other information or services that may be provided or referenced on Third-party Services. If you believe that you have a medical emergency, call a medical practitioner or your doctor or emergency services immediately.
10. Indemnification
    • The User indemnifies and holds Biomorphik harmless against any and all claims by third parties in connection with or resulting from User’s use of the Mobile Application, a violation by the User of these ToU, and/or any unlawful activities. This includes, without limitation, any activities that constitute an infringement of Intellectual Property Rights or any other rights of third parties.
    • Furthermore, the User indemnifies and hold harmless Biomorphik and its Involved Persons from and against any claims, actions, suits, disputes, demands, allegations, or investigations and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable lawyers’ fees, arising out of or in any way connected with (i) your access to or use of the Biomorphik App, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party.
11. Applicable Law and Competent Court
    • These ToU and the use of and access to the Mobile Application are governed by the laws of South Australia, Australia, unless a mandatory or peremptory rule of international law prescribes another applicable law.
    • All controversies, disputes or claims arising out of or relating to these ToU, and/or the use of or access to the Mobile Application will be exclusively and finally settled by the competent court in the state of South Australia, Australia, unless a mandatory or peremptory rule of international law prescribes another competent court.
12. Third-party Links
    • The Mobile Application may contain information that is derived from and/or may refer to websites, products or services (for instance through hyperlinks, banners or buttons) of third parties. Biomorphik is not responsible, nor liable for the content of such information. Biomorphik urges you to review any terms governing such websites before using or purchasing products or services offered thereby.
13. Modification to the Mobile Application
    • Biomorphik is entitled to change and/or update the Mobile Application and replace the design and layout of any of the features or functionality of the Mobile Application without any prior notification and without being obliged to pay any compensation whatsoever to the Users.
    • Biomorphik is entitled to put the Mobile Application out of service and/or to reduce the use of it without any prior notification and without being obliged to pay any compensation whatsoever to the User, if in the opinion of Biomorphik such action is necessary, for example, in connection with required maintenance of the Mobile Application or due to force majeure (such as site or building blockades, strikes, riots, civil disruption, war, terrorist acts, inclement weather, epidemic, specific work interruptions, delay in transportation, earthquake, fire, storm, flood, or water damage, delay in or cancellation of the delivery parts, goods or services ordered from third parties, or governmental, legal or regulatory restrictions).
14. Entire Agreement
    • This Agreement (including, for clarity, the documents incorporated by reference), supersedes all prior discussions, negotiations and agreements between the parties with respect to the Mobile Application, and this Agreement constitutes the sole and entire agreement between the parties with respect to the Mobile Application.
15. Subscriptions
    • Subscription period
      • The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
      • At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
    • Subscription cancellations
      • You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
      • If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.
    • Billing
      • You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
      • Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
      • If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store’s own terms and conditions.
    • Fee Changes
      • The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
      • The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
      • Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
    • Refunds
      • Except when required by law, paid Subscription fees are non-refundable.
      • Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
      • If the Subscription has been made through an In-app purchase, the Application Store’s refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.

16. In-app Purchases
    • The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.
    • More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store’s own terms and conditions or in your Device’s Help settings.
    • In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
    • If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
    • You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store’s own terms and conditions.
    • If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.
17. User Accounts
    • When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
    • You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
    • You agree not to disclose Your password to any third-party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
    • You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
18. Links to Other Websites
    • Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
    • The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
    • We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
19. Termination
    • We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
    • Upon termination, your right to use the Service will cease immediately. If You wish to terminate your Account, you may simply discontinue using the Service.
20. Limitation of Liability
    • Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
    • To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
    • Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
21. “AS IS” and “AS AVAILABLE” Disclaimer
    • The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
    • Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
    • Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
22. Governing Law
    • The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
23. Disputes Resolution
    • If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
24. For European Union (EU) Users
    • If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in. Please refer to our GDPR compliance and information security
25. United States Federal Government End Use Provisions
    • If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
26. United States Legal Compliance
    • You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
27. Severability and Waiver
    • Severability
      • If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
    • Waiver
      • Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

28. Translation Interpretation
    • These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
29. Changes to These Terms and Conditions
    • We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
    • By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
30. Contact Us
    • If you have any questions about these Terms and Conditions, You can contact us:
    • By email: [email protected]
    • By visiting this page on our website: https://www.biomorphik.com/