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Terms & Conditions

Karius, Inc. (“Karius”) maintains the kariusdx.com website (this “Website”), including the Karius Assistant chatbot, as a service to prospective and current customers, patients and their families, and the internet community. This Website has been designed to provide general information about Karius and its clinical tests, quality and product development services, and scientific research. Please review these Terms of Use (“Terms”) carefully before using this Website. By using and or visiting this Website, you signify your assent to both these Terms and the terms and conditions of Karius’s Privacy Policy, which are published on the Website and are incorporated herein by reference. If you do not agree to these terms, do not use this Website.

The information on this Website is provided solely on an “AS IS” and “AS AVAILABLE” basis. Karius is not providing medical advice via this Website, nor does it provide instruction on the appropriate use of products produced, supplied, or under development by Karius or its collaborators. Access and use of the Website is subject to the terms and conditions set forth herein and all applicable laws, statutes, or regulations. Karius does not, by or through this Website, offer for sale any products or services. The Karius clinical tests can only be ordered by an authorized healthcare provider.

Karius may revise or modify these Terms from time to time. Such changes, revisions, or modifications shall be effective immediately upon notice to you, which may be given by any means, including, without limitation, posting on the Website. If you disagree with the Terms, your sole remedy is to discontinue your use of this Website. Any use of this Website by you after such notice shall be deemed to constitute acceptance of the changes.

Karius will use reasonable efforts to include accurate and up-to-date information on the Website; however, any information presented on the Website as of a particular date may only be accurate as of such date, and Karius disclaims any responsibility to update such information. Information about companies other than Karius contained in news, press releases, or otherwise posted on the Website should not be relied upon as being provided or endorsed by Karius.

You must exercise caution, good sense, and sound judgment when using this Website. You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. Karius will investigate any alleged or suspected violations, and if a criminal violation is suspected, Karius will cooperate with law enforcement agencies in their investigations.

In using this Website, you agree to not:

  • Send or otherwise transmit to or through this Website or to us through email any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Website or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
  • Misrepresent your identity or affiliation in any way;
  • Use this Website to disclose or obtain another’s personal information or collect information about users of this Website;
  • Gain unauthorized access to this Website, or assist others to gain unauthorized access, or to disclose users’ names or personally identifiable information, or to gain or provide unauthorized access to other computers or websites connected or linked to this Website;
  • Launch or use any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” that access this Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
  • Send or otherwise transmit to or through this Website or to us through email chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, messages marketing or advertising goods and services;
  • Transmit or otherwise make available any virus, worm, spyware or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment;
  • Violate any applicable laws or regulations or these Terms; or
  • Assist or permit any persons to engage in any of the activities described above.

ALL CONTENT ON THIS WEBSITE, INCLUDING THE KARIUS ASSISTANT, IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KARIUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY AND NON-INFRINGEMENT. KARIUS DOES NOT WARRANT THAT KARIUS ASSISTANT WILL BE UNITERRUPTED, ACCURATE, OR ERROR-FREE OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM KARIUS ASSISTANT IS AT YOUR SOLE RISK, AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF THRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESIONAL ADVICE. Karius makes no warranty as to the accuracy, completeness, currency, or reliability of any content available through this Website. You are responsible for verifying any information before relying on it. Use of the Website and the content available on the Website is at your sole risk. Karius makes no representations or warranties that use of the Website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you obtain from the Website is free of viruses.

KARIUS SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON THE INFORMATION PRESENTED ON THE KARIUS WEBSITE. KARIUS EXPRESSLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF KARIUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, THE INABILITY TO USE THE WEBSITE OR ANY ERRORS OF OMISSIONS IN THE CONTENT OF THE WEBSITE.

You agree to indemnify, defend and hold Karius and its directors, officers, employees, agents, and contractors harmless from and against any and all claims, damages, losses, liabilities, expenses, or costs (including without limitation, reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with this Website, including your use of the Karius Assistant.

By submitting any communication or material to Karius, you agree that: (1) if you are a healthcare professional, you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorizations to disclose; (2) you will only submit content that complies with applicable law and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive or otherwise inappropriate or that contains any viruses or other software that may adversely affect the operation of another’s computer; (3) such content will be deemed non-confidential; and (4) you grant to Karius a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, modify, publish, perform, transmit, distribute, prepare derivative works of and display such content via any media in accordance with Karius’s Privacy Policy, and waive any moral rights you may have in such content. Subject to Karius’s Privacy Policy, Karius shall be free to use such content, including any ideas, concepts, know-how, or techniques contained in such content, for any reason.

It is the policy of Karius to enforce its intellectual property rights to the fullest extent permitted by law. All product names, regardless of whether or not they appear in large print or with a trademark symbol, are the trademarks and service marks of Karius, its affiliates, related companies, or its licensors or joint venture partners unless otherwise noted. All content of the Website, including any images or text, is protected by U.S. and foreign copyright laws and may not be distributed, downloaded, modified, reused, reposted, or otherwise used except that you may view, use and download a single copy of this Website for your informational, non-commercial use. Except as provided herein, no part of any content or software on this Website may be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose without the express written permission of Karius. The use or misuse of Karius’s trademarks, service marks, logos, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be a violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations.

This Website is controlled and operated by Karius, and it makes no representation that materials on the Website are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Website from jurisdictions where the contents of this Website are illegal or penalized is prohibited.

Karius may terminate your use of this Website or any of our features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all content obtained from this Website and all copies thereof. The provisions of these Terms concerning Website security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination. You agree that if your use of this Website is terminated pursuant to these Terms, you will not attempt to use this Website under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from any and all liability that Kariusmay incur therefore.

Karius reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions for using the Website, including the right to block access from a particular Internet address to the Website.

By choosing to visit this Website or otherwise provide information to Karius, you agree that any dispute over your use of this Site or these Terms will be governed by the laws of the State of California and the United States of America. You also consent to the adjudication of any disputes arising in connection with our Site in the federal and state courts of San Mateo County in the State of California. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.

If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Links to third-party websites or pages are provided for convenience only. Karius does not express any opinion on the content of any third-party pages and expressly disclaims liability for all third-party information and its use.

Abiding by Karius’s Privacy Policy, as modified from time to time, is a condition for using the Website and is incorporated herein by this reference. Karius reserves the right, and you authorize Karius, to use and assign all information regarding your use of this Website and all information provided by you in any manner consistent with Karius’s Privacy Statement.

Karius Assistant allows you to input text (“Input”) and receive output text (“Output”) based on that Input to help you learn about the Karius test and the microbes it reports. It is not intended for diagnosis, treatment, or patient-specific recommendations. Together, Input and Output are “Content.” In addition to the Terms set forth above, you agree to not:

  • Use Karius Assistant for any illegal, harmful, or abusive activity;
  • Use Karius Assistant in a way that infringes, misappropriates, or violates anyone’s rights;
  • Modify, copy, lease, sell or distribute Karius Assistant;
  • Attempt to or assist anyone to reverse engineer, decompile, or discover the source code or underlying components of Karius Assistant, including models, algorithms, or systems;
  • Automatically or programmatically extract data or Output;
  • Represent that Output was human-generated when it was not;
  • Interfere with, overburden, or disrupt Karius Assistant, including circumventing any rate limits or restrictions or bypassing any protective measures or safety mitigations Karius puts on Karius Assistant;
  • Use Output to develop services that compete with Karius; or
  • Upload personal data to Karius Assistant, including but not limited to identifiable patient data.

The Output you receive from Karius Assistant may not always be accurate. You should not rely solely on those results or use results as a substitute for medical or other professional advice. The Output does not represent Karius’s views and does not constitute an endorsement of any third-party product or service.

Karius may use Content to provide, maintain, develop, and improve Karius Assistant, comply with applicable law, enforce our terms and policies, and keep its services safe.

Karius may modify Karius Assistant at any time, in its discretion. Karius may suspend or discontinue Karius Assistant or may introduce new features, impose limits, or restrict access to parts or all of Karius Assistant.

If you have any questions about these terms and conditions, please contact us at help@kariusdx.com.