TnC - Genetic Analysis Services for User

These terms are pending legal review. Use at your own risk.
These (“Genetic Analysis Services'') Agreement govern the legal relationship between DAOGenics Ltd. (“DeBio'') and you (''User”). This Agreement shall be used for Staking DBIO token (“DBIO”) for the purpose of Genetic Analysis Services. This Agreement governs User use and access of the website accessible at https://app.mainnet.debio.nework/ and https://lab.mainnet.debio.nework/ (“DeBio Application”) and any of Debio’s associated web applications, decentralized applications, smart contracts, APIs as further described below. Currently, the Application provides self-hosted wallet services for Substrate-based blockchains (the “Wallet”). Please also note that by using or accessing the Services, you agree to be bound by these Terms as well as our Privacy Policy. Also, by creating or importing a Wallet, downloading or running our Application, or visiting our Site, you are agreeing to These Terms. By using or clicking on “I agree with These Terms & Conditions'' offered by DeBio, you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms & Conditions (hereinafter referred to as “These Terms”).
This is the first iteration of the DeBio Agreement. We value your feedback and proposals related to any governance issues. These Terms may be amended, changed, or updated by DeBio at any time and without prior notice to you. You should check back often to confirm that your copy and understanding of these Terms is current and correct. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of These Terms, as modified by such amendments, changes, or updates. If you come up with any further questions, please feel free to contact us at [email protected]
I. Definitions
These Terms used in this Agreement with their initial letters capitalized have the meanings ascribed to them in this section or where they are elsewhere defined in this Agreement. Any term defined in the singular will have the corresponding definition in the plural (and vice versa). As used in this Agreement:
  1. 1.
    “Agreement” means these Terms of Service and all Attachments.
  2. 2.
    “DeBio '' refers to all parties that run DAOGenics, Ltd. that provide DeBio Services.
  3. 3.
    “User” refers to the party that uses the Genetic Analysis Services.
  4. 4.
    “Genetic Analyst” refers to the party that provides the Genetic Analysis of user Genetic Data in the Genetic Analysis Services.
  5. 5.
    "DeBio Application" refers to application managed and maintained by DAOGenics, Ltd. in connection with Medical and Bioinformatics Services provided by Third-Party.
  6. 6.
    “Staking” means use of the Service by the User with staking DBIO token.
  7. 7.
    “DBIO” means the underlying digital asset of the DeBio Network.
  8. 8.
    “Network” means any blockchain network for which our Platform is able to perform the Service.
  9. 9.
    “Genetic Analysis Services” refers to a feature that allows User to request Genetic Analysis Services from the Genetic Analyst. User (Customer) will perform ‘Genetic Analysis Service’ by staking their DBIO token until there’s a Genetic Analyst that responds to the User’s request.
  10. 10.
    “Genetic Data” refers to the user's Genetic Data in the digital file format.
II. Responsibilities
  1. 1.
    During the Term (as Defined below) DeBio will provide the following:
    • Genetic Analysis Services will be operated in a diligent and professional manner and in accordance with applicable industry standards.
    • Reasonable security safeguards will be employed by DeBio to protect the integrity and availability of Genetic Analysis Services.
  2. 2.
    During the Term (as Defined below) User shall provide the following:
    • In order to proceed with Genetic Analysis Services, User will need to upload their Genetic Data and stake an amount of DBIO token depending on the amount of Service fee given by the Genetic Analyst. This procedure will run on the Network in a decentralized manner. The transaction weight for Staking will be borne by the User.
    • DBIO token will be staked in Genetic Analysis Services Network escrow until there is a Genetic Analyst who provides Genetic Analysis Services requested by User.
    • User can unstake or withdraw staked DBIO token at User discretion. The Staked DBIO token will be returned to the User wallet or account from which the DBIO token were Staked since Genetic Analysis Services Request was cancelled.
    • User can unstake or withdraw staked DBIO token with one exception. If Genetic Analyst already proceeds with the Genetic Analysis Request, then the Staked DBIO token can’t be unstaked or withdrawn because the Staked DBIO token will be used as payment purpose for Genetic Analysis Services.
    • If the Genetic Analysis Services is successful (meaning that User has completed to do the step above and Genetic Analyst has provided the test’s result for User), the Staked DBIO token will be received by the Genetic Analyst as a settlement for providing Genetic Analysis Services.
    • User IS RESPONSIBLE FOR MAINTAINING THE SECURITY OF THEIR ACCOUNTS AND KEYS AT ALL TIMES. DeBio WILL NEVER ASK FOR PRIVATE KEYS IN ANY CIRCUMSTANCE. DeBio WILL NOT HOLD User PRIVATE KEYS, AND WILL NOT ACT AS A CUSTODIAN OF User FUNDS.
    • User is expected to have knowledge of blockchain technology, staking, accounts, keys, and details of the Supported Network and Supported Network Protocol. They are further expected to have conducted their own thorough investigation of DeBio Network, DBIO token, and other matters considered in this Agreement in determining to Stake token with Service.
III. Service Level Agreement
  1. 1.
    Genetic Analysis Services payments will be made through the Network in a decentralized manner.
  2. 2.
    DeBio will not accept, take control of, or custody any funds on behalf of the User.
  3. 3.
    When setting up a Wallet within DeBio Network, you will be responsible for keeping your own account secrets, which may be a twelve-word seed phrase, an account file, or other locally stored secret information. DeBio Network encrypts the information locally with a password you provide, that we never send to our servers. The private key is connected to the Wallet address and, together, they can be used to authorize the transfer of Virtual Currency to and from that Wallet address. You are solely responsible for maintaining the security of your private key and any mnemonic (backup) phrase associated with your Wallet. You must keep your Wallet address, mnemonic (backup) phrase, and private key access information secure. Failure to do so may result in the loss of control of Virtual Currency associated with the Wallet. DeBio Network stores your Wallet address but does not receive or store your Wallet password, encrypted private key, unencrypted private key, or mnemonic (backup) phrase associated with your Wallet. We cannot, therefore, assist you with Wallet password retrieval. We cannot generate a new password for your Wallet if you fail to remember your original password. If you have not safely stored a backup of any Wallet address and private key pairs maintained in your Wallet, you accept and acknowledge that any Virtual Currency you have associated with such a Wallet address will become inaccessible if you do not have your Wallet password.
IV. Taxes
  1. 1.
    User shall be responsible for payment of all taxes, fees and surcharges, however designated, imposed on or based upon the use of the Services.
  2. 2.
    DeBio does not provide any advice or guidance with respect to the tax obligations of the User. You are strongly encouraged to seek advice from your own tax advisor to discuss the potential tax consequences of entering into this Agreement.
V. Compliance with Laws
  1. 1.
    Each party will comply with all federal, state and local laws and regulations applicable to it (“Laws”), and will only enter into this agreement insofar as the activity is in compliance with all applicable Laws. If during the term of this Agreement any Law becomes effective that substantially and materially alters the ability or cost of either party to perform its obligations under this Agreement in whole or part, the party that would bear the altered cost due to the change in the Law should terminate this Agreement and cease using Service.
  2. 2.
    To the extent that any governmental agency or regulatory body in any country takes any action which prevents, restricts, or otherwise limits DeBio’s ability to provide any portion of the Genetic Analysis Services to User, DeBio shall have no liability in connection with the provision of, or failure to provide services to User, and DeBio may, at its option, (a) make a reasonable effort to relocate the services to another location, or (b) terminate the applicable services immediately and without penalty.
  3. 3.
    Any service on the DeBio platform is provided for research, informational, and educational use only. We do not provide medical or diagnostic advice. You should always seek the advice of your physician or other health care 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.
  4. 4.
    All right, title, and interest in and to the Platform and the Website, including all modifications, improvements, adaptations, enhancements, or translations made thereto, and all proprietary rights therein, shall be and remain DeBio’s sole and exclusive intellectual property (IP).
VI. Disclaimer
  1. 1.
    User understand and agree that DeBio are software developers and providers of software services and do not custody, control or manage user funds in any manner.
  2. 2.
    The DeBio Application enables access to an online, decentralized and autonomous protocol and environment, and associated decentralized networks, that are not controlled by DeBio.
  3. 3.
    DeBio and DeBio Application do not have access to User’s private key and cannot initiate, access and transfer cryptocurrency in the User account or wallet.
  4. 4.
    DeBio is not responsible for any activities that User engages in when User is using wallet or the DeBio Application.
  5. 5.
    DeBio will not compensate User for the missed Staked DBIO token arising from User acts or omissions, Network maintenance, software bugs native to Network, acts by a hacker or other malicious actor, Force Majeure Events, or any other action outside of DeBio’s control.
  6. 6.
    In connection with your use of the DeBio Application, you agree to bear all costs necessary to conduct a transaction, such as “transaction weight” cost on the Substrate network and "gas fee" cost on the Ethereum network, for the computational resources required to perform a transaction on the particular blockchain. DeBio will try to provide you with the accurate estimates of these charges for your information, but this information is highly volatile and can change quickly and we cannot and do not guarantee the accuracy, stability, availability of this information. You specifically acknowledge and agree that the DeBio has no control over: (a) any Substrate blockchain transactions; (b) any Ethereum blockchain transactions; (c) the calculation or method of payment of any transaction weight / gas fee charges; or (d) any actual payments of gas charges. You must ensure that you have a sufficient balance of DBIO stored at your Substrate address and or Ether stored at your Ethereum Address to complete any transaction on the Substrate or Ethereum blockchain before initiating blockchain transaction.
  7. 7.
    DeBio reserves the right to discontinue DeBio Application at any time for any or no reason. If DeBio decides to discontinue DeBio Application, we will publically announce our intention to do so providing a minimum of 30 days notice using public channels including our website, blog, and telegram group.