VarSome Terms of Use

Version 5.6 – Last updated on 4 May 2022

Use and access of the VarSome Community website (www.varsome.com) and its associated premium offering (VarSome Premium) and Application Programming Interface (API) (the “Platforms”) shall be subject to the following Terms of Use, which may be amended from time to time by Saphetor S.A. (“Saphetor” or “we”).

These terms apply to all users, whether registered or unregistered, and all components of the Platforms.

By using the Platforms, you are agreeing to these Terms of Use. By accessing or using the Platforms, you intend and agree to be legally bound by these Terms of Use. If you are using the Platforms on behalf of a business or employer, you are accepting these Terms of Use on their behalf, and that business or employer agrees to be bound by these Terms of Use.

USAGE OF THE PLATFORMS

You must be at least 18 years old to use any of the Platforms.

Do not misuse the Platforms. For example, do not interfere with the Platforms, try to access them using a method other than the web interface or API and the instructions that we provide, or extensively or automatically copy any content from the Platforms (in other words, no scraping or harvesting data). You may use the Platforms only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing the Platforms to you if you do not comply with our terms or policies, if we are investigating suspected misconduct, or for any other reason.

“Information” means all data, information and content, including information and content belonging to you or to third parties (such third party content, “Third Party Content”), provided or made available by Saphetor through the Platforms.

Using the Platforms does not give you ownership of any intellectual property rights in the Platforms or Information. You may not use Information, except as permitted in these Terms of Use, by its owner, or as otherwise permitted by law. These Terms of Use do not grant you the right to use any branding or logos used in the Platforms, including the Saphetor or Varsome names and logos. Do not remove, obscure, or alter any legal notices displayed in or along with the Platforms.

The Platforms display some Information that is not our own. For example, Information coming from you, other users or other third parties. We are not responsible for, and you waive all of our liability with respect to, Third Party Content. Third Party Content is the sole responsibility of the individual or entity that makes it available to you via the Platforms. We may review Third Party Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Third Party Content that we believe violates our policies or the law. But we do not generally review Information beforehand, and we are not obligated to do so.

In connection with your use of the Platforms, we may send you service announcements, administrative messages, and other information. If you have given us consent to receive newsletters, you may withdraw such consent by clicking on the “unsubscribe” link in the related e-mails.

Some of the Platforms are available on mobile devices, which may cause you to incur data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the mobile device.

You may need to be authenticated to use some of the Platforms’ services. You will be authenticated by the Platforms using a password only known to you. You must keep your password secure and may not disclose your password to any other person or allow anyone else to connect to the platform with your personal email address and password. If you think your password may be known by someone else, you must change it immediately on https://varsome.com/account-settings/ and notify us.

You agree that you shall not include any personally identifiable information, protected health information or information that can reasonably be used re-identify a natural person for any individual within any of the queries you submit to the Platforms.

You may join the Platforms by signing up on varsome.com, thus becoming a “Member.” As a Member, you may post public Information (“Member Contributions”) including variant classifications, publication links, comments on variants, declarations of interest to connect with other Members and any other form of Information that the Platforms allow. The aim of posting such Information is to share your findings on a variant with the other Members, in a way that is likely useful to their work.

If you use Information you obtain through the Platforms in a study, you agree to cite the published VarSome article in anything that you publish in connection with such study.

You agree that you will not under any circumstances:

· post any information to the Platforms that is illegal or otherwise objectionable (including, without limitation, any file or Information that is subject to copyright, patent or other proprietary rights, including privacy or personality rights, rights protecting personal data or other similar rights, unless you are the owner of such rights or have the appropriate licenses or permissions from their rightful owner to specifically submit such file or Information to the Platforms);

· use the Platforms for any unlawful purpose or for the promotion of illegal activities, or for any activity that may harm another person or group (including, without limitation, by posting or linking to malicious content intended to damage or disrupt another member’s browser or computer);

· knowingly provide false or inaccurate information (e.g. when posting Member Contributions), including variant classifications, links to scientific publications or any other content;

· interfere or attempt to interfere with the proper functioning of the Platforms (including, without limitation, taking any action which may impose an unreasonable or disproportionately large load on our servers or network infrastructure);

· bypass any measures which restrict access to the Platform or manipulate data

· use the communication systems provided by or contact information obtain from the Platforms for any commercial solicitation purposes, nor post any content that is irrelevant to genomics or containing offensive, profane, racist or sexist language, is menacing or violent, illegal, or damaging to the rights of third parties;

· make the personal data of others public without their consent or in violation of their privacy rights;

· disclose your password to anyone or allow anyone else to use your account of the Platforms on any device and for any reason;

· substantially replicate services offered by Saphetor, including, without limitation, providing to third parties’ online platforms for DNA sequencing analysis or variant annotation;

· repackage or resell the Information, or any part thereof;

· use the Platforms or any Information in any manner that does or could potentially undermine the security of the Platforms.

You hereby acknowledge that we have the right to (i) determine whether any of your Member Contributions are appropriate and comply with these Terms of Use, (ii) remove any and/or all of your Member Contributions from the Platforms, and/or (iii) terminate your membership of the Platforms.

You agree that all your Member Contributions are permanently and irrevocably licensed to Saphetor. You grant Saphetor the perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable, sublicensable right and license to publish, display, distribute, modify, store, compile, collect, copy, create derivative works, host and otherwise use such Member Contributions.

Due to the collaborative nature of the Platforms, we shall prompt you to contribute variant classifications and/or links to published scientific research related to your variant queries. In addition, if the number of queries by all users in any organization with which you are affiliated exceeds 1,000 in aggregate, we may enroll the organization to one of our contribution programs. Under these programs, you will be prompted to contribute variant classifications or link published scientific publications to variants; in case of your failure to contribute in this manner, the results of your variant queries may be delayed, the length of the delay depending on the expected number of such contributions for the organization relative to the number you have actually made under the name of the organization.

We reserve the right to suspend or terminate your membership if:

You provide false information about your identity and/or your affiliations;
You do not respond to emails by Saphetor, either generated as a result of other Members’ contact requests or otherwise related to your use of the Platforms;
You violate these Terms of Use; or
You or the organization with which you are affiliated have not paid an invoice issued by Saphetor by its due date.

The following time limits will be applied in respect to queries:

For unregistered users: for each IP address: 10 queries per 30-day period, or 3 per 7-day period or 1 per 24-hour period, whichever is reached last;
For registered users: the lower of 30 queries per 60-minute period or 100 queries per 24-hour period, whichever is reached first; and
For subscribers to VarSome Premium: 120 queries per 60-minute period.
All users may use the platforms from a single device at any one time. Access may be denied for a time period where users switch devices excessively.

SERVICE NOT TO BE USED FOR MEDICAL ADVICE

The Platforms are for research use only and not for clinical use. Information provided by the Platforms does not constitute medical or other advice and may not be used in connection with diagnosis, treatment, drugs or other therapies or any other health-related issue. You agree that we are providing a service that is intended only to assist users in reaching their own research conclusions and sharing their own research. Never disregard medical advice from your healthcare provider or delay seeking it because of information you may have obtained from the Platforms. Consult your personal physician or other professional health care provider when seeking individualized treatment regarding your medical diagnosis or condition.

In addition, automated variant classification is only provided for educational use.

INFORMATION SUPPLIED "AS IS” (NO WARRANTIES)

All Information provided or made available by Saphetor through the Platforms is delivered to you "as is", without any warranties of any kind, express or implied, including without limitation warranties as to the fitness for any particular purpose, non-infringement or the absence of latent or other defects, whether or not discoverable.

Although Saphetor strives to provide state-of-the-art analysis, you hereby understand and acknowledge that the Information is based on third party software and databases, over which Saphetor has no control at all and which may contain errors that Saphetor cannot identify and which may affect the Information. Further, the provision of Information, including without limitation of analysis and results thereof, as well as any related services, is made by Saphetor using software, algorithms and computer-implemented technologies (whether owned by Saphetor or by third parties) the proper functioning of which cannot be guaranteed. No warranty is provided in this respect, in particular that such software, algorithms or technology would be error-free, flawless or exempt from any bug or other unintentional malfunction.

Information does not constitute advice for/on diagnosis, drugs, therapies or any other health-related issue. Information requires interpretation by a person skilled in the art (e.g. physician or medical doctor). You agree that we are providing a service that is intended only to assist users in reaching their own conclusions or performing their own research and that users are solely responsible for the decisions based on use of the Information.

Saphetor shall not be responsible for any interpretation, disclosure, or use of the Information.

Use of the Platforms is also subject to the terms and conditions of the original providers of annotation data.

Online Mendelian Inheritance in Man® (OMIM®) database

Some information displayed on the Platforms may contain information obtained from the Online Mendelian Inheritance in Man® (OMIM®) database, which has been obtained through a license from the Johns Hopkins University (JHU), which owns the copyright thereto to Saphetor (maker of VarSome platforms). Saphetor was granted a non-exclusive right to sublicense OMIM® Data to End-User(s) solely for such End-User(s)' internal research purposes. Further, such sublicense shall not grant the End-User(s) any right to copy OMIM® Data for the purpose of providing the OMIM® data, and derivatives thereof, to any other party, or in any other way grant a sublicense or other similar rights to OMIM® Data or distribute Mirror Database, Saphetor Proprietary Derivative Database(s) or Saphetor Proprietary Licensed Product(s) containing any point of the OMIM® Database or OMIM® Data.

Saphetor has agreed to the following terms with JHU:

Saphetor shall include, in a place conspicuous to End-User(s), and with all copies of the OMIM® Database, OMIM® Data, any Mirror Database or Saphetor Proprietary Derivative Database(s), or other Saphetor Proprietary Licensed Product(s), or any portion thereof located on its server/computer, the following copyright notice: “Copyright [1966 – Present Year], Johns Hopkins University All rights reserved. “
Saphetor shall include the following legend in any advertising, promotional, or other marketing materials, and any documentation describing the OMIM® Data, OMIM® Database, any Mirror Database or Saphetor Proprietary Derivative Database(s), or other Saphetor Proprietary Licensed Product(s): “This database/product contains information obtained from the Online Mendelian Inheritance in Man® (OMIM®) database, which has been obtained through a license from the Johns Hopkins University, which owns the copyright thereto. “
In addition to the copyright notice and legend required above, Saphetor shall use one or both of the following OMIM Trademarks in any reference to a Mirror Database: OMIM®; or Online Mendelian Inheritance in Man®
Saphetor shall not be permitted to use any other marks or derivatives of the OMIM Trademarks in association with a Mirror Database.
In addition to the copyright notice and legend required above, Saphetor shall use the following legend in any reference to any Saphetor Proprietary Derivative Database(s) or Saphetor Proprietary Licensed Product(s): “This database/product contains information from the Online Mendelian Inheritance in Man® (OMIM®) database, which has been obtained under a license from the Johns Hopkins University. This database/product does not represent the entire, unmodified OMIM® database, which is available in its entirety at http://omim.org/downloads.“
Saphetor agrees that no other name, trademark, inscription or designation whatsoever shall be affixed to the OMIM® or Online Mendelian Inheritance in Man® trademarks; furthermore, Saphetor agrees not to use such trademarks in any advertising or promotional material, except as expressly stated, without the express written consent of JHU.
Saphetor shall at no time adopt or use, without JHU's prior written consent, any variation of the OMIM® or Online Mendelian Inheritance in Man® trademarks or any word or mark likely to be similar or confusingly similar with such trademarks.
Saphetor agrees to provide JHU with copies of Saphetor documents that reflect the copyright notices and legends specified above upon incorporation into Saphetor documents and thereafter, on an annual basis.
Saphetor agrees to download OMIM® Data from the OMIM® Database at a minimum of once every 2 weeks during the term of this Agreement , and incorporate such updated data so that Saphetor is utilizing the most recent version of the OMIM® Database. Saphetor also agrees to indicate on all links to the OMIM® Data, any Mirror Database, any Saphetor Proprietary Derivative Database(s) and any other Saphetor Proprietary Licensed Product(s), the date that such data was last downloaded.
Disclaimer of Warranties. SAPHETOR AGREES THAT THE OMIM® DATA AND THE OMIM® DATABASE IS PROVIDED "AS IS", AND THAT JHU MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PERFORMANCE OF THE OMIM® DATA OR THE OMIM® DATABASE INCLUDING ITS ACCURACY OR COMMERCIAL VIABILITY, USE IN RESEARCH, OR OTHER USES. JHU MAKES NO REPRESENTATIONS THAT IT WILL PROVIDE UPDATES OR IN ANY WAY MAINTAIN OR SUPPORT THE OMIM® DATABASE. JHU DISCLAIMS ALL WARRANTIES WITH REGARD TO THE OMIM® DATA AND OMIM® DATABASE, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. JHU DOES NOT WARRANT THAT THE OMIM® DATA OR OMIM® DATABASE MAY BE USED, COPIED, OR REDISTRIBUTED WITHOUT INFRINGING THE COPYRIGHTS, PATENT RIGHTS OR PROPERTY RIGHTS OF THIRD PARTIES.
Indemnification. Saphetor shall defend and hold JHU, The Johns Hopkins Health Systems, their present and former trustees, officers, authors of the OMIM® Data and the OMIM® Database, agents, faculty, employees and students (“JHU Parties”) harmless as against any judgments, fees, expenses, or other costs arising from or incidental to any lawsuit, claim, demand or other action brought against JHU Parties as a consequence of the use or sublicensing of the OMIM® Data or OMIM® Database by Saphetor, End-User(s), or other third parties that may otherwise gain access to the OMIM® Data or OMIM® Database through VarSome. Use of the OMIM® Data and the OMIM® Database by a third party on behalf of or for the account of Saphetor or by an End-User(s), shall be considered Saphetor's use of the OMIM® Database for purposes of this Section 8.0. The obligation of Saphetor to defend and indemnify as set out in this Section 8.0 shall survive the termination of this Agreement.
Access to OMIM database will be provided as long as Saphetor has a valid license agreement in place for OMIM with The Johns Hopkins University. Access will be discontinued as soon as this license agreement is terminated.
Use of Name. Except as expressly stated herein, Saphetor shall not use the name of The Johns Hopkins University or The Johns Hopkins Health System or any of its constituent parts, such as the Johns Hopkins Hospital or any contraction thereof or the name of the authors of the OMIM® Data or OMIM® Database in any advertising, promotional, sales literature or fundraising documents without prior written consent from an officer of JHU. Saphetor shall allow at least seven (7) business days notice of any proposed public disclosure for JHU's review and comment and/or to provide written consent. JHU shall have the right to list Saphetor and display the logotype or symbol of Saphetor on JHU’s website and on JHU publications as a licensee of the OMIM® Database.
Product Liability. Prior to first commercial access to and/or distribution of any Mirror Database, Saphetor Proprietary Derivative Database(s) or Saphetor Proprietary Licensed Product(s) as the case may be in any particular country, Saphetor shall establish and maintain, in each country in which Saphetor shall permit access to and/or distribution of any Mirror Database, Saphetor Proprietary Derivative Database(s) or Saphetor Proprietary Licensed Product(s), product liability or other appropriate insurance coverage appropriate to the risks involved in marketing any Mirror Database, Saphetor Proprietary Derivative Database(s) or Saphetor Proprietary Licensed Product(s) and will annually present evidence to JHU that such coverage is being maintained. Upon JHU's request, Saphetor will furnish JHU with a Certificate of Insurance of each product liability insurance policy obtained. JHU shall be listed as an additional insured in Saphetor’s said insurance policies. If such Product Liability insurance is underwritten on a ‘claims made’ basis, Saphetor agrees that any change in underwriters during the term of this Agreement will require the purchase of ‘prior acts’ coverage to ensure that coverage will be continuous throughout the term of this Agreement.

DISCLAIMER and LIABILITY

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER SAPHETOR NOR ITS LICENSORS, SUPPLIERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE PLATFORMS. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE INFORMATION WITHIN THE PLATFORMS, THE SPECIFIC FUNCTIONS OF THE PLATFORMS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE ALSO DO NOT MAKE ANY WARRANTIES OR COMMITMENT RELATING TO NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS. WE PROVIDE THE SERVICES “AS-IS.”

To the fullest extent permissible under applicable law, under no circumstances, shall Saphetor and/or its affiliates and its and their respective shareholders, directors, officers, employees, and subcontractors be liable for any claims, demands or actions arising out of, based on or related to the use of, inability to use, or reliance on the Platforms or Information, or any damages (whether direct, indirect, incidental, consequential, punitive or exemplary) resulting therefrom. Saphetor shall in particular assume no liability arising out of the use of the Information and any results and data generated by its technology. Saphetor disclaims all warranties of any kind with respect to the Platforms and the Information and any other services made available by Saphetor in connection with these Terms of Use, whether expressed or implied, including without limitation warranties as to the fitness for any particular purpose, non-infringement of third parties’ rights (such as, without limitation, copyright, privacy rights or similar) or freedom from viruses or other harmful code or the absence of latent or other defects, whether or not discoverable, or that the Platforms or related services will be error-free, reliable, complete or secure. The Platforms and Information are provided “as-is.”

Saphetor will not be liable to you for any modification, suspension, or discontinuation of the provision of the Information or of the related services, or for the loss of any Information or materials provided by you. We can discontinue or remove features of the Platforms at any time.

Saphetor assumes no liability for any Information that you or any other Member (as defined below) or third-party posts or sends over the Platform. Any loss or damage that occurs as a result of the use of any Member Contribution (as defined below) that you make available or access through your use of our Platform is solely your responsibility. If you have a dispute with one or more Members, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Saphetor disclaims any liability for any public display or misuse of Information you provide.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES.

YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO USE OF THE PLATFORMS. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.

You hereby agree to indemnify, defend, and hold harmless Saphetor, its affiliated companies, and its and their predecessors, successors, and assigns, and its and their respective directors, officers, employees, agents, representatives, partners, and contractors from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys' fees), resulting from or arising out of your actual or alleged breach of these Terms of Use, any Information you provide through the Platforms, or your use or misuse of the Platforms. However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from Saphetor’s violation of applicable law.

FEES

Use of the VarSome Community website is free of charge. Use of VarSome Premium is subject to subscription fees, agreed separately in a Service Delivery Agreement or quotation agreed by you (or your organization).

The VarSome Application Programming Interface (API) is subject to fees agreed separately in a Service Delivery Agreement or signed quotation.

Saphetor S.A. or its affiliates will invoice you for fees that you agree to pay for the use of fee-based portions of the Platforms as well as VarSome Clinical. Any failure to keep your payments current will constitute a material breach of these terms, for which we may suspend or terminate your access to all the Platforms.

You may challenge our invoices by sending an email to billing@saphetor.com. Invoices not challenged within 15 days upon receipt are deemed to be accepted by you. For payments after the end of the payment period agreed in our services agreement with you (the “Service Delivery Agreement”) or a quotation signed by you (or your organization) and Saphetor, a daily-compounded interest at 0.03% per day shall be added to the next invoice.

Saphetor reserves the right, in its sole discretion, to change prices or discounts applicable to the Platforms. Saphetor shall give you written notice by email or through the Platforms of any price change at least one month prior to the effective date thereof.

A customer that subscribed to VarSome premium or API can stop its subscription at any time, and for any reason. In such a case, (i) the Customer should notify Saphetor in writing about his desire to stop its subscription, and specify the desired termination date; (ii) at the beginning of the month following the termination date, the Provider will provide the Customer with a final invoice for any fees due and owing through the effective date of termination. The minimum monthly fee will be due for the month where the termination takes place.

For any VarSome premium customer, any request to add or remove a user should be sent in writing to Saphetor. For the deletion of a user, the minimum monthly fee will be due for that user for the month where the deletion takes place.

PRIVACY and FEEDBACK

The Saphetor privacy policy explains how we treat your personal information and protect your privacy when you use the Platforms. By using the Platforms, you agree that we can collect, use, and share data from you as described in our privacy policy. We are not responsible for any Information that you share with others via your use of the Platforms. You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to other users of the Platforms.

If you submit feedback or suggestions about the Platforms, you agree that we may use your feedback or suggestions without obligation to you.

INTELLECTUAL PROPERTY

The Platforms remain at all times the property of Saphetor and no rights in or to the Platforms and any developments made on it are transferred to you as part of your use of the Platforms.

THIRD PARTY INTELLECTUAL PROPERTY PROTECTION

If you are an owner of a United States copyright or its agent and believe that any content residing on or accessible through the Platforms infringes upon your copyrights, you may submit a notification under the United States Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (the “Designated Agent”) with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

Identification of the work or material being infringed.
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

Please also note that the information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content. After removing material in response to a valid DMCA notice, we will notify the user responsible for the allegedly infringing material that we have removed or disabled access to the material. We will terminate, under appropriate circumstances, users who are repeat copyright infringers, and we reserve the right, in our sole discretion, to terminate any user for actual or apparent copyright infringement.

If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with us by providing the following information to the Designated Agent at the address below:

The specific URLs of material that we have removed or to which we have disabled access.
Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of U.S. District Court for the District of Massachusetts, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Your signature.

Upon receipt of a valid counter-notification, we will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to the Platforms.

The contact information for our Designated Agent is:

Saphetor Life Sciences, Inc.

Attention: Copyright Agent

265 Franklin Street

Suite 1702

Boston, MA 02110

Email: DPO@saphetor.com

If you believe that any of your intellectual property rights other than copyrights have been infringed, please e-mail us at dpo@saphetor.com. We reserve the right, in our sole and absolute discretion, to suspend or terminate any user who infringes the intellectual property rights of Saphetor or others, and/or to remove, delete, edit or disable access to such person’s content. You agree that we have no liability for any action taken under this section.

MODIFICATION OF TERMS OF USE

We may amend these Terms of Use at any time. We will give you notice of the new Terms of Use. If you do not accept the new Terms of Use, you must ask us to close your account on the Platforms.

APPLICABLE LAWS and VENUE

These Terms of Use and Privacy Policy and your use of the Platforms are governed by the laws of Switzerland. You consent to the jurisdiction of Swiss courts of the domicile of Saphetor in the event of any dispute relating to the Platforms.

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