Terms of Service
a. “AMILI” means AMILI Pte Ltd, with principal place of business at 15 Jalan Kilang Barat #05-03 Frontech Centre, Singapore 159357.
b. “AMILI Research” means scientific and/or medical research and development that AMILI performs, the result of which may be published in a peer-reviewed scientific journal. AMILI Research only uses Microbiome and Self-Reported Information from users who have given applicable consent as stipulated in Participant Information Sheet.
c. “Product Development” means research performed for the purpose of new product development and new product development activities performed by AMILI on anonymised user data. These activities may include, among other things, improving our Services and/or offering new products or services to you; performing quality control activities; conducting data analysis.
d. “Service” or “Services” means Bio+Me Microbiome Sequencing (16s) Test(s), products, mobile app, software, services, consultation and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
e. “Personal Information” is information that can be used to identify you, either alone or in combination with other information. AMILI collects and stores the following types of Personal Information:
- “Registration Information” is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, phone number, email, address, user ID and password, and payment information).
- “Microbiome Information” is information regarding your gut microbial profile (e.g. bacterium, fungi, virus, etc) generated through processing of your stool sample by AMILI or by its contractors, successors, and assignees; or otherwise processed by and/or contributed to AMILI.
- “Self-Reported Information” is all information about yourself, including your disease conditions, other health-related information, personal traits, ethnicity, and other information that you enter into surveys, questionnaires, forms, or features while signed in to your AMILI account. Self-Reported Information is included in AMILI’s Research only if it has been indicated for AMILI’s Research use on the website and if you have given consent according to the Informed Consent form.
- “User Content” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials – other than Microbiome Information and Self-Reported Information-generated by users of AMILI Services and transmitted, whether publicly or privately, to or through AMILI.
- “Web Behavior Information” is information on how you use the AMILI website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
f. “Aggregated Microbiome and Self-Reported Information” is Microbiome and Self-Reported Information that has been combined with that of other users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified.
g. “Non-Asian Region” means any country outside of the Asia region that we may provide services to including but not limited to any country within the EU, UK, USA, Australia, Canada, New Zealand and UAE.
2. Acceptance of Terms
Your use of AMILI’s Services (excluding any services provided by AMILI under a separate agreement) is subject to the terms of the legal agreement between you and AMILI set forth in these Terms of Service (“TOS”). Except as specified herein, these TOS apply to any use of the Services, including but not limited to a) submitting a stool sample for microbiome extraction and processing, b) uploading a digital version of your Microbiome Information and interacting with it on the AMILI website, and/or c) creating and using a free AMILI account without providing your stool sample or Microbiome Information. In order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by AMILI for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that AMILI will treat your use of the Services as acceptance of the TOS from that point onwards. In addition, when using particular AMILI Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. AMILI also may offer other services from time to time that are governed by different terms of service.
a. Whether you submit your own stool sample, or otherwise provide your own Microbiome Information, or a stool sample or Microbiome Information of whom you have the legal authority to do so, you may not use the Services and may not accept the TOS if (1) you are not of legal age to form a binding contract with AMILI, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
b. In addition to the conditions above, if you contribute or otherwise provide Microbiome Information of your own, or of whom you have the legal authority to act on his or her behalf, you must be twenty-one (21) years of age or older to agree to these TOS on behalf of yourself or those for whom you have the legal authority to agree to these TOS. If you are a UK customer please see point c below.
4. Description of the Services
Microbiome DNA is extracted from the stool sample submitted. The extracted DNA undergoes amplification by PCR for V3-V4 region 16S bacterial rRNA genes and will be sequenced by Illumina NovaSeq (number/actual name of seq system) sequencing system. Taxonomic classification of the microbiota diversity and functional analysis of the sequenced DNA data are performed using bioinformatics algorithms. Microbial DNA is extracted from the stool sample. The extracted DNA is amplified for V3-V4 region at the bacterial 16S rRNA genes and sequenced using an Illumina Nova-Seq platform. Proprietary bioinformatics algorithms are used to perform taxonomic classification and functional analysis of the sequencing data.
Advantages of the AMILI Bio+Me Gut Microbiome Sequencing:
The sequencing of microbiome DNA allows for analysis of microbiome diversity and the identification of bacteria that produce important biomarkers for the quantification of health. Taxonomic classification using 16S rRNA and OTUs allow for identification of bacteria phyla, order, class, family, genus and species as well as the interaction of these taxonomies of bacteria with the host. The identification of the diversity of gut microbiome through sequencing also gives the opportunity for research through the Asian Gut Microbiome Reference Library through comparison of data across the collected samples. Research opportunities include probiotics and prebiotics effectiveness assessments and developments, correlation of gut microbiome with diseases and the development of a health gut microbiome diversity in prevention of diseases.
Limitations of the Services:
The data and recommendations presented in this report are based on AMILI’s still small and growing reference library. The diversity of microorganisms in the gut microbiome is extensive and no database is fully able to identify and quantify all bacterial taxonomies. Therefore, the report does not contain a full assessment of the entire gut microbiome. In addition, there may be amplification and transcription errors in PCR and sequencing processes, leading to inaccurate identification or characterisation of bacterial taxonomy. AMILI monitors its microbiome sequencing database and processes closely to ensure utmost accuracy in the identification of bacterial taxonomies and their interactions with the host and will update its databases when there is more data and information to be included.
The identification of the presence of a particular bacterial species or taxonomy by this test does not diagnose the presence, the predisposition or risk of a disease. Similarly, the lack of identification of the presence of a bacterial species or taxonomy does not indicate the presence of a disease, or disease- causing bacteria. There are microorganisms yet to be identified through this microbiome sequencing due to the limitations of AMILI’s methodology. While this report provides some qualitative results and identification of some bacterial diversity in the stool samples collected, this report should not be a substitute for proven scientific methods of identification of gut microbiome and their respective disease associations, or diagnosis of the presence or risk of diseases. The Bio+Me test was developed by and its performance characteristics determined by AMILI Pte Ltd. It would be helpful to seek clinical advice or contact AMILI for any further questions pertaining to the gut microbiome, health and nutrition.
- The Services include access to the AMILI public website and personal stool processing services, including the collection and analysis of your stool sample. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the TOS. You acknowledge and agree that the Services are provided “AS-IS” and are based on the current state of the art of Microbiome research and technology in use by us at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, we are constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which AMILI provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that AMILI may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at AMILI’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform AMILI when you stop using the Services unless you are requesting closure of your account. AMILI assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.
- In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, such as a computer and modem or other access device. You are solely responsible for providing such equipment. You acknowledge and agree that while AMILI may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by AMILI at any time, at AMILI’s discretion.
- For any related payment, if the charge currency differs from your credit card currency, you may be charged a foreign exchange fee by your credit card company. You may also be charged a fee by your credit card company if the credit card and your business are in different countries, regardless of the currency used.
5. Risks and Considerations Regarding AMILI Services
Once you obtain your Microbiome Information, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you, whether now or as Microbiome research advances, will be welcome or positive. You should also understand that as research advances, in order for you to assess the meaning of your stool in the context of such advances, you may need to obtain further services from AMILI, your physician, a Microbiome counselor, or other health care provider.
We encourage you to talk to a health professional with special training in Gut Microbiome, prior to collecting your sample for testing to learn more so you can make an informed decision about whether testing is right for you. Those professionals also can help you understand your results and options.
Some people feel a little anxious about getting Microbiome health results. This is normal. If you feel very anxious, you should speak to your physician or a health professional prior to collecting your sample for testing.
You may learn information about yourself that you do not anticipate. This information may evoke strong emotions and has the potential to alter your life. You may discover things about yourself that trouble you. These outcomes could have social, legal, or economic implications.
Our laboratory may not be able to process your sample, and our laboratory process may result in errors. We may not be able to process your sample if your stool sample does not contain a sufficient volume of stool as you have not provided enough stool sample, or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, we will offer to send another kit to the user to collect a second sample at no charge. If the user sends another sample and our attempts to process the second sample are unsuccessful, we will not send additional sample collection kits and the user will be entitled solely and exclusively to a complete refund of the amount paid to us, less shipping and handling, provided the user shall not re-submit another sample through a future purchase of the service. If the user breaches this policy agreement and resubmits another sample through a future purchase of the service and processing is not successful, we will not offer to reprocess the sample or provide the user a refund. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect and therefore may not be able to generate corresponding report(s). As this possibility is known in advance, users are not entitled to refunds where these occur.
The Swab and Return Tube in your sample collection kit are medical grade devices and have limited shelf life. To ensure that your stool sample meets our standards of quality, please return your stool sample to us as soon as possible, and in any event no later than two (2) months after you have received the collection kit. We will not to process your stool sample beyond two (2) months after your purchase. If you have difficulty returning your stool sample to us, please reach out to our customer services team.
You should not change your health behaviors solely on the basis of information from AMILI. Make sure to discuss your Microbiome Information with a physician or other health care provider before you act upon the Microbiome Information resulting from AMILI Services. For most diseases, the microbial profiles that we know about are only responsible for a limited fraction of the risk. There may be unknown microbial profiles, environmental factors, or lifestyle choices that are far more important predictors. If your data indicate that you are not at elevated Microbiome risk for a particular disease or condition, you should not feel that you are protected. The opposite is also true; if your data indicate you are at an elevated Microbiome risk for a particular disease or condition, it does not mean you will definitely develop the disease or condition. In either case, if you have concerns or questions about what you learn through AMILI, you should contact your physician or other health care provider.
Microbiome research is not comprehensive as only a fraction of Microbiome variations are known to be related to human traits or health conditions. The research community is rapidly learning more about Microbiomes, and an important mission of AMILI is to conduct and contribute to this research. In addition, many ethnic groups are not included in Microbiome studies. Because interpretations provided in our service rely on these published studies, some interpretations may not apply to you. Future scientific research may change the interpretation of your stool. In the future, the scientific community may show previous research to be incomplete or inaccurate.
Microbiome Information you share with others could be used against your interests. You should be careful about sharing your Microbiome Information with others. Furthermore, Microbiome Information that you choose to share with your physician or other health care provider may become part of your medical record and through that route be accessible to other health care providers. Microbiome Information that you share with family, friends or employers may be used against your interests. Even if you share Microbiome Information that has no or limited meaning today, that information could have greater meaning in the future as new discoveries are made.
AMILI’s Services are for research, informational, and educational use only. We do not provide medical advice and/or diagnostic service. The Microbiome Information provided by AMILI is for research, informational, and educational use only. This means two things. First, many of the Microbiome discoveries that we report have not been clinically validated, and the technology we use, which is the same technology used by the research community, to date has not been widely used for clinical testing. Second, in order to expand and accelerate the understanding and practical application of Microbiome knowledge in health care, we invite all users to participate in AMILI Research. Participation in such research is voluntary and based upon your consent. As a result of the current state of Microbiome knowledge and understanding, our Services are for research, informational, and educational purposes only. The Services are not intended to be used by, and should not be used by the customer for any diagnostic and/or medical purposes and are not a substitute for professional advice from your healthcare provider. You should always seek the advice of your physician or other healthcare provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.
AMILI does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. If we provide to you on our website any recommendations that identify for you, based on your Microbiome and Self-Reported Information and scientific literature or research, potentially actionable information, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. As explained on our website, we believe that (a) Microbiomes is only part of the picture of any individual’s state of being, (b) the state of the understanding of Microbiome Information is rapidly evolving and at any given time we only comprehend part of the picture of the role of Microbiomes, and (c) only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, including in some cases your Microbiomes as well as your current symptoms, if any. Reliance on any information provided by AMILI, our employees, others appearing on our website at the invitation of AMILI, or other visitors to our website is solely at your own risk.
6. User Representations
By accessing AMILI Services, you agree to, acknowledge, and represent as follows:
- You understand that information you learn from AMILI is not designed, and should not be used to, to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that the AMILI Services are intended for research, informational, and educational purposes only, and that while AMILI information might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that AMILI urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your Microbiome Information.
- You give permission to AMILI, its contractors, successors and assignees to perform gut microbiome processing services on the microbiome extracted from your stool sample and you specifically request AMILI to disclose the results of analyses performed on your stool to you and to others you specifically authorise.
- You represent that you are twenty-one (21) years of age or older if you are providing a stool sample or accessing Microbiome Information of yourself or in the capacity as parent or guardian of a child below 18 years of age.
- You are guaranteeing that any sample you provide is your stool; if you are agreeing to these TOS on behalf of a person for whom you have legal authorisation, you are confirming that the sample provided will be the sample of that person.
- If you are a customer outside Singapore providing a stool sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside.
- You agree that any stool sample you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
- You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
- You are aware that some of the information you receive may provoke strong emotion.
- You take responsibility for all possible consequences resulting from your sharing with others access to your Microbiome Information and your Self-Reported Information.
- You understand that all your Personal Information will be stored in our and our vendors’ databases and will be processed in accordance with our Privacy Statement.
- Waiver of Property Rights: You understand that by providing any sample, having your Microbiome Information processed, accessing your Microbiome Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by AMILI or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Microbiome Information or Self-Reported Information.
You agree that you have the authority, under the laws of Singapore or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations AMILI has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify AMILI and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
7. Account Creation, Customer Account, Password, and Security Obligations
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if AMILI has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, AMILI has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The Services are for use only in the country to which your sample collection kit was shipped from AMILI.
After you have made your purchase, you will create an account to consent to and access your Service. NOTE: If you do not provide your consent, we will be unable to continue with Services until you do so. You will create a password and are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access AMILI’s website through your username and password, you will defend and indemnify AMILI and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify AMILI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. AMILI cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You can stop using the Services at any time. You do not need to inform us when you stop using the Services, unless you request us to delete your Personal Information. By asking us to delete your data, we close your account and terminate access to your online account. If account closure is initiated by us for any reason, then we will provide 30 (thirty) calendar days’ notice to you and may suspend access to your online account. During this time, we will continue to accept information access requests until the closure data as notified to you. We do not have any responsibility for the use of the Services outside the TOS terms or any other terms that apply.
8. AMILI Privacy Statement and Disclosure of Information
In order to use the Services, you must first acknowledge and agree to the Privacy Statement. You may not use the Services if you do not accept the Privacy Statement. You can acknowledge and agree to the full Privacy Statement, which is incorporated by reference into these Terms, by (1) clicking to accept or agree to our Privacy Statement, where this option is made available to you by AMILI for any Service; or by (2) actually using the Services.
You acknowledge and agree that AMILI has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the AMILI Services, website, or other systems. If you have given consent for your Microbiome Information and Self-Reported Information to be used in AMILI Research as described in the Participant Information Sheet, we may include your information in the Aggregated Microbiome and Self-Reported Information we disclose to third parties which may result in publication of such information in a peer-reviewed scientific journal. We may also include your information in Aggregated Microbiome and Self-Reported Information disclosed to third-party non-profit and/or commercial research partners who may or may not publish that information in a peer-reviewed scientific journal. AMILI Research may be sponsored by, conducted on behalf of, or in collaboration with third parties, such as non-profit foundations, academic institutions or healthcare providers. AMILI Research may study a specific group or population, identify potential areas or targets for therapeutics development, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on Microbiome research initiatives, or otherwise create, commercialize, and apply this new knowledge to improve health care. We strictly adhere to Singapore’s data privacy law, and will never release your individual-level Microbiome Information and/or Self-Reported Information to any third party without asking for and receiving your consent to do so, unless required by law. When conducting AMILI Research, we strictly adhere to ethical and regulatory standards of Singapore.
Further, you acknowledge and agree that AMILI is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that AMILI may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the AMILI TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of AMILI, its employees, its users, its clients, and the public. In such event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, AMILI may, in its sole discretion, restrict access to the website for any reason.
Please refer to our Privacy Statement to read about data protection related to your information. See our complete Privacy Statement for detailed information about how we collect, use, and share the data we collect from and about you.
9. Limited License
You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not AMILI, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.
You acknowledge that the Services content presented to you as part of the Services, whether original AMILI Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by AMILI and/or the sponsors who provide that content to AMILI (or by other persons or companies on their behalf). AMILI grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, any of the Services content marked as not subject to this Limited License on the website, provided you: (i) provide the Services content as it appears on the AMILI website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; (ii) include the following attribution on the first page of any materials you distribute: © AMILI. 2019. All rights reserved; distributed pursuant to a Limited License from AMILI; (iii) agree you have no right to offer anyone else any further right with respect to this Services content. Aside from the Limited License provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content (either in whole or in part) unless you have been specifically told that you may do so by AMILI or by the owners of that content, in a separate agreement.
10. Customer Conduct – Unlawful and Prohibited Use
As a condition of your use of the Services, you warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You may not use the Services outside of the country and/or region to which your sample collection kit was shipped from us. Furthermore you agree not to use the Services to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with AMILI, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) “stalk” or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) use any information received through the Services to attempt to identify other customers, to contact other customers or for any forensic use; (7) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (8) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of AMILI or any other party; (9) harm minors in any way; (10) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (11) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (12) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by AMILI; (14) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of AMILI’s website; (15) attempt to or actually override any security component of AMILI web services including but not limited to mobile app; (16) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (17) violate these TOS, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with AMILI; or (18) intentionally or unintentionally violate any applicable Singapore, local, state, national, or international laws, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which we may suffer) of any such breach. In case of breach of any one of these agreements we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify us and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or we have a reasonable ground to suspect that you have violated the terms of this Section, AMILI has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
11. Export Control and Applicable Laws and Regulations
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree 1) that providing your sample is not subject to any export ban or restriction in the country and/or region in which you reside and/or which you order the sample collection kit from, 2) that your sample and data may be transferred and/or processed outside the country / region in which you reside and/or which you order the sample collection kit from, and 3) that you will comply with all applicable laws regarding the transmission of technical data exported from Singapore or the country/region from which you access AMILI’s Services online.
12. Material Posted Through The Service
AMILI will not, at all times, control any of the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such non-AMILI content. Under no circumstances will AMILI be liable in any way for any non-AMILI content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.
You acknowledge that AMILI and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. Without limiting the foregoing, AMILI and its designees shall have the right to remove any content that violates the TOS or is deemed by AMILI, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
13. Material Provided to AMILI – Your Proprietary Rights
User Content. We do not claim ownership of the User Content you provide to us (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain the copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give us, our affiliated companies, sublicensees (including but not limited to sublicensees who avail themselves of the Limited License granted in Section 9 above) and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, re-format, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for us to make such User Content available to other companies, organizations, or individuals with whom we have relationships, and to use such User Content in connection with the provision of those services.
You understand that we, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit us to take these actions. You represent and warrant to us that you have all the rights, power, and authority necessary to grant the above license.
Disclosure of Individual-level Microbiome and/or Self-Reported Information to third parties who are not part of AMILI affiliates, contractors, successors, and assignees, will not occur without explicit consent, unless required by law. Note that AMILI cannot control any further distribution of Microbiome and/or Self-Reported Information that you share publicly. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that we have no obligation to do so on your behalf.
Your stool sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. Any Microbiome Information derived from your stool sample remains your information, subject to rights we retain as set forth in these TOS. You understand that you should not expect any financial benefit from AMILI as a result of having your Microbiome Information processed; made available to you; or, as provided in our Privacy Statement and Terms of Service, shared with or included in Aggregated Microbiome and Self-Reported Information shared with research partners, including commercial partners.
Waiver of Property Rights. As stated above, you understand that by providing any sample, having your Microbiome Information processed, accessing your Microbiome Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by AMILI or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Microbiome Information or Self-Reported Information.
You agree to defend and hold us, and our affiliates, officers, agents, contractors, partners, employees, successors, and assign harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the TOS; or your violation of any rights of another.
If you have submitted a stool sample or otherwise provided your own Microbiome Information, you will defend and hold harmless AMILI, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from analyzing your stool sample and/or analyzing your Microbiome Information, which is disclosed to you consistent with our Privacy Statement or results from any third-party tools we provide. In addition, if you choose to provide your Individual Microbiome and/or Self-Reported Information to third parties – whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes – you agree to defend and hold harmless us, our employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Microbiome and/or Self-Reported Information.
15. No Resale of Service
Other than pursuant to the terms of the Limited License in Section 9 of this TOS or unless otherwise agreed in a separate agreement between you and us, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
16. General Practices Regarding Use and Storage
You acknowledge that AMILI may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on AMILI’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that AMILI has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of Microbiome Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that AMILI reserves the right to change these general practices and limits in its sole discretion.
17. Modifications to Service
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the AMILI features or Services, and (ii) AMILI shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
The Software that you use may from time to time automatically download and install updates from us. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of the Services.
You acknowledge that AMILI may offer different or additional technologies or features to collect and/or interpret Microbiome Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Microbiome Information without fee, and that you will have to pay additional fees in order to have your Microbiome Information collected, processed, and/or interpreted using any future or additional technologies or features.
The TOS will continue to apply until terminated by either you or AMILI as set out in this Section
If you want to terminate your legal agreement with AMILI, you may do so by notifying AMILI at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to AMILI’s address, or via email at email@example.com. If you provide notice online, AMILI will send you an email asking you to confirm your request, and your notice will be effective following receipt of an email confirmation.
We may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in a manner which shows that you do not intend to, or are unable to comply with the provisions of the TOS); (2) We are required to do so by law or regulation (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom we offered the Services to you has terminated its relationship with us or ceased to offer the Services to you; (4) we are transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by us is, in our opinion, no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that we shall not be liable to you or any third party for any termination of your access to the Services.
19. Survival of Terms
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and us have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of sections 1.(Definitions); 2.(Acceptance of Terms); 3.(Prerequisites); 4.(Description of the Services); 5.(Risks and Considerations Regarding AMILI Services); 6.(User Representations); 7.(Account Creation, Customer Account, Password and Security Obligations); 8.(AMILI Privacy Statement and Disclosure of Information); 10.(Customer Conduct – Unlawful and Prohibited Use); 11.(Export Control and Applicable Laws and Regulations); 12.(Material Posted through the Service); 13.(Material Provided to AMILI – Your Proprietary Rights); 14.(Indemnity); 15.(No Resale of Services); 18.(Termination); 19.(Survival of Terms); 20.(Dealings with Information Providers and Listed Resources); 21.(Hyperlinks and AMILI Website); 22.(AMILI Proprietary Rights); 23.(DISCLAIMER OF WARRANTIES); 24.(LIMITATION OF LIABILITY); 25.(Notice); 27.(Violation or Suspected Violation of Terms of Service); and 28.(Miscellaneous) shall continue to apply to such rights, obligations, and liabilities indefinitely.
20. Dealings with Information Providers and Listed Resources
Your correspondence or business dealings with/or participation in promotions of-information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
21. Hyperlinks and the AMILI Website
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because AMILI has no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we 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 hyperlinked site or resource.
22. AMILI’s Proprietary Rights
You acknowledge and agree that we (or our licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent.
You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by us, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of AMILI and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
AMILI, and other AMILI logos and product and service names are trademarks of AMILI and these marks together with any other AMILI trade names, service marks, logos, domain names, and other distinctive brand features are the “AMILI Marks”. Unless you have agreed otherwise in writing with AMILI, other than through the Limited License in Section 9, nothing in the TOS gives you a right to use any AMILI Marks and you agree not to display, or use in any manner, AMILI Marks.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by AMILI, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
For any Software not accompanied by a License Agreement, we grant you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by AMILI, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by AMILI, in the manner permitted by the TOS. Unless AMILI has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by AMILI for use in accessing the Service. Any rights not expressly granted herein are reserved.
23. Disclaimer of Warranties
You expressly acknowledge and agree that: (1) Your use of the Services are at your sole risk. The Services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. (2) We make no warranty that (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, unfailingly secure, or error-free; (c) the results that may be obtained from the use of the Services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations and (e) any errors in the software will be corrected. (3) Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your smart phone or computer system or loss of data that results from the download of any such material. (4) No advice or information, whether oral or written, obtained by you from us or through or from the Services shall create any warranty not expressly stated in the TOS. (5) You should always use caution when giving out any personally identifying information about yourself or those for whom you have legal authority. We do not control or endorse any actions resulting from your participation in the Services and, therefore, we specifically disclaim any liability with regard to any actions resulting from your participation in the services.
24. Limitation of Liability
Within the limits allowed by applicable laws, you expressly acknowledge and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the services; (b) any action you take based on the information you receive in through or from the services, (c) your failure to keep your password or account details secure and confidential, (d) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services; (e) unauthorised access to or alteration of your transmissions or data; (f) the improper authorisation for the services by someone claiming such authority; or (g) statements or conduct of any third party on the services.
Notice to you may be made via either email or regular mail. AMILI may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Services.
Official notices related to this TOS must be sent to us at:
AMILI Pte Ltd, 15 Jalan Kilang Barat #05-03 Frontech Centre, Singapore 159357. Attention: Head of Finance +65 6977 7199
Additionally, AMILI accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
26. Changes to the Terms of Service
AMILI may make changes to the TOS from time to time. When these changes are made, AMILI will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services.
You acknowledge and agree that if you use the Services after the date on which the TOS have changed, AMILI will treat your use as acceptance of the updated TOS.
27. Violation or Suspected Violation of Terms of Service
If you violate the terms of these TOS and/or AMILI has a reasonable ground to suspect that you have violated the terms of these TOS, AMILI has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
a. Entire Agreement. The TOS constitutes the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and AMILI on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
b. Applicable law and arbitration. Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to the Services and TOS shall be referred to and finally resolved by arbitration administered by the Singapore Mediation Center when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Singapore law. The seat of arbitration shall be Singapore.
c. Waiver. The failure of us to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found to be invalid, the parties nevertheless agree to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
d. Term for cause of action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
e. Admissibility of printed version. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
f. Section titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
g. Severability Clause. If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
h. Amendments. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at our website or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 18 (Termination).
i. Assignment: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, AMILI for any third party that assumes our rights and obligations under this Agreement.