By accessing and using the eProfiler Solutions website ("Website") and services ("Services"), you accept and agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not access or use our Website or Services.
These Terms constitute a legally binding agreement between you and eProfiler Solutions ("we," "us," "our," or "eProfiler"). You should read these Terms carefully before using our Services.
"Services" refers to all products, software, applications, and services provided by eProfiler Solutions, including but not limited to our bioelectronic sensing platforms, electrochemical analysis tools, and related research solutions.
"User," "you," or "your" refers to any individual or entity accessing or using our Website or Services.
"Content" refers to all information, text, images, data, links, software, or other material that we provide or that appears on our Website.
"User Content" refers to any content that users submit, post, or transmit through our Services.
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that:
You are at least 18 years of age
You have the legal capacity to enter into these Terms
You are not barred from using the Services under applicable law
Some features of our Services may require you to register for an account. You agree to:
Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Maintain the security of your account credentials
Accept all responsibility for activities that occur under your account
Notify us immediately of any unauthorized access or security breach
We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or outdated.
All Content on this Website, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, software, code, data, and the compilation thereof (collectively, "eProfiler Content"), is the exclusive property of eProfiler Solutions or our licensors and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Our trademarks, service marks, and logos ("eProfiler Marks") used and displayed on the Website are registered and unregistered trademarks of eProfiler Solutions. Nothing in these Terms grants you any right to use the eProfiler Marks without our prior written permission.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
Access and use the Website for your personal, non-commercial use
Download and print copies of materials from the Website for your internal business purposes related to evaluating our Services
This license does not include any right to:
Modify, copy, reproduce, republish, upload, post, transmit, or distribute eProfiler Content
Use the Website or Content for commercial purposes not expressly authorized
Remove any copyright, trademark, or other proprietary notices
Transfer your account or password to any third party
Use automated systems (robots, spiders, scrapers) to access the Website
By submitting User Content to our Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with providing and improving our Services.
You represent and warrant that you own or have the necessary rights to submit User Content and that such content does not violate any third-party rights or applicable laws.
You may use our Website and Services only for lawful purposes and in accordance with these Terms. You agree to use our Services in a manner consistent with their intended purpose as a bioelectronic research and analysis platform.
You expressly agree not to:
Use the Services for any illegal purpose or in violation of any local, state, national, or international law
Violate or infringe other people's intellectual property, privacy, publicity, or other legal rights
Transmit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
Impersonate or attempt to impersonate eProfiler Solutions, our employees, another user, or any other person or entity
Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or Services
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose
Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material
Attack the Website via a denial-of-service attack or distributed denial-of-service attack
Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services
Use the Services for competitive analysis without our prior written consent
Share account credentials or allow multiple individuals to use a single account
Users conducting research using our Services are responsible for ensuring the accuracy and integrity of their data. You agree to:
Use our equipment and software in accordance with provided specifications and guidelines
Maintain proper calibration and maintenance records where applicable
Report any equipment malfunctions or anomalies that may affect data quality
If you publish research results obtained using eProfiler Solutions technology, you agree to:
Acknowledge eProfiler Solutions as the source of the technology in any publications
Comply with standard academic practices regarding attribution and citation
Not make false or misleading claims about our technology's capabilities
Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by eProfiler Solutions. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.
You acknowledge and agree that eProfiler Solutions 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 use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EPROFILER SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR YOUR RESEARCH PURPOSES
ANY ERRORS IN THE SERVICES WILL BE CORRECTED
THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
No advice or information, whether oral or written, obtained from eProfiler Solutions or through the Services, shall create any warranty not expressly made herein.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EPROFILER SOLUTIONS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
ANY CONTENT OBTAINED FROM THE SERVICES
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
RELIANCE ON ANY INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED US DOLLARS ($100.00), WHICHEVER IS GREATER.
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF EPROFILER SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE ACTION ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
You agree to defend, indemnify, and hold harmless eProfiler Solutions and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
Your violation of these Terms
Your use of the Services, including but not limited to your User Content
Your violation of any rights of another, including intellectual property rights
Your violation of any applicable laws, rules, or regulations
These Terms shall remain in full force and effect while you use the Services. We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to:
Breach of these Terms
Conduct that we determine to be harmful to other users, us, or third parties
Fraudulent or illegal activity
Non-payment of fees (if applicable)
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to:
Ownership provisions
Warranty disclaimers
Limitation of liability
Indemnification obligations
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Services shall first be addressed through good faith negotiation between the parties. If the dispute cannot be resolved through negotiation within sixty (60) days, either party may escalate the matter to binding arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC).
The arbitration shall be conducted in Zurich, Switzerland, in the English language. The award rendered by the arbitrator(s) shall be final and binding on the parties.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending the resolution of arbitration.
YOU AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect, either by:
Posting the updated Terms on this page with a revised "Last Updated" date
Sending an email to the address associated with your account
What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms.
You represent and warrant that:
You are not located in a country that is subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country
You are not listed on any U.S. Government list of prohibited or restricted parties
You will not use the Services for any purposes prohibited by export laws, including but not limited to nuclear, chemical, or biological weapons proliferation
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms shall continue in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and eProfiler Solutions regarding the use of our Services and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral.
Last Updated: February 15, 2024