Terms of use Version 4.4

The use and access of the VarSome.com website and its associated Application Programming Interface (the “Platform”) shall be subject to the following terms of use, which may be amended from time to time by Saphetor S.A. (“Saphetor” or “we”).

INFORMATION SUPPLIED "AS IS” (NO WARRANTIES)

The information and contents which are provided by Saphetor through the Platform (“Contents”) are 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 of third parties’ rights or the absence of latent or other defects, whether or not discoverable.

Although Saphetor uses its best efforts to provide accurate results, you hereby understand and acknowledge that the Contents are based on software and data provided by third parties, over which Saphetor has no control at all and which may contain errors that Saphetor cannot identify and which may affect the Contents. Further, the provision of Contents, 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 another unintentional malfunction.

Saphetor cannot be responsible for any interpretation of the results and other data in the Contents.

Use of this service is also subject to the terms and conditions of the original providers of the Contents.

USAGE OF THE PLATFORM

You must be at least 18 years old to use the Platform.

You may join the VarSome community by registering with the Platform, thus becoming a “Member”. As a Member, you may post public content (“Member Contributions”) in the form of variant classifications, publication links, comments on variants, declarations of interest and any other form of content that the Platform allows.

You agree that you will not under any circumstances:

· post any information that is illegal or otherwise objectionable (including, without limitation, any file or content that is copyrighted or subject to third party proprietary rights, including privacy or personality rights, rights protecting personal data etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such file or content to the Platform);

· use the Platform 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);

· 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 Platform (including, without limitation, take 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 use any technology to scrape, spider, or crawl the Platform or harvest or manipulate data;

· use the communication systems provided by or contacts made on the Platform for any commercial solicitation purposes, nor post any content that is irrelevant to genomics, containing offensive, profane, racist or sexist language, is menacing or violent, illegal, or damaging to the rights of third parties.

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

You hereby accept we have the right to (i) determine whether any of your Member Contributions is appropriate and comply with these Terms of Service and (ii) remove any and/or all of your filings, posts or submissions from the Platform, and (iii) terminate your membership of the Platform.

You agree that all your Member Contributions are permanently and irrevocably licensed to Saphetor. You grant Saphetor the permanent and irrevocable right and license to use, publish, display, distribute, modify and store such Member Contributions.

Due to the collaborative nature of the Platform, we reserve the right to suspend your membership if 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 Platform.

SERVICE NOT TO BE USED FOR MEDICAL ADVICE

The Platform is for research use only. Information provided by the Platform does not constitute advice for/on diagnosis, drugs, 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 conclusions or making their own research work and that users are solely responsible for the decisions based on use of the Contents. In particular, any Content or information provided on the Platform should never be relied upon for specific medical advice. Never disregard medical advice or delay seeking it because of something you may have read on the Platform. Consult your personal physician or other professional health care provider when seeking individualized treatment regarding your medical diagnosis or condition.

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

DISCLAIMER

To the fullest extent permissible under applicable law, under no circumstances, Saphetor (and its directors, officers, employees, sub-contractors and affiliates) shall 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 Contents, 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 Contents and any results and data generated by its technology. Saphetor disclaims all warranties of any kind with respect to this Platform, the Contents and its services, 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 the absence of latent or other defects, whether or not discoverable, or that the Platform or related services will be error-free, reliable, complete or secure.

Saphetor will not be liable to you for any modification, suspension, or discontinuation of the provision of the Contents or of the related services, or for the loss of any content or materials provided by you.

Saphetor assumes no liability for any content that you or any other Member 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 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 your Member Contributions.

MODIFICATION OF TERMS OF USE

We may amend these Terms of Use at any time. We will display the new Terms of Use and ask you to accept them before continuing the use of the Platform.

APPLICABLE LAWS; VENUE

These Terms of Use and your use of the Platform are governed by the laws of Switzerland. By using this Platform, you signify your consent to the jurisdiction of Swiss courts of the domicile of Saphetor.

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