TnC - Genetic and Biomedical Testing Services for User and Lab
These terms are pending legal review. Use at your own risk.
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]
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.“Agreement” means these Terms of Service and all Attachments.
- 2.“DeBio '' refers to all parties that run DAOGenics, Ltd. that provide DeBio Services.
- 3.“User” refers to the party that requests the Genetic and Biomedical Testing Services.
- 4.“Lab” refers to the party that provides the Genetic and Biomedical Testing Services.
- 5."DeBio Application" refers to application managed and maintained by DAOGenics, Ltd. in connection with Medical and Bioinformatics Services provided by Third-Party.
- 6.“Staking” means use of the Service by the User to gain Staking Rewards.
- 7.“DBIO” means the underlying digital asset of the DeBio Network.
- 8.“Network” means any blockchain network for which our Platform is able to perform the Service.
- 9.“Request Test” refers to a feature that allows User to request Genetic and Biomedical Testing Services from a nearby Lab.
- 1.During the Term (as Defined below) DeBio will provide the following:
- Request Test 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 Request Services.
- 2.During the Term (as Defined below) Lab shall provide the following:
- Lab will need to register in the DeBio Application with the role “Lab” using a Network wallet or account. Lab will do the Know Your Customer (KYC) process. After KYC, Lab will need to input Genetic and Biomedical Testing Services data, such as service name, service description, service fee, and any information required regarding Genetic and Biomedical Testing Services that will be listed in DeBio Application.
- Lab will be curated by DAOGenics.
- Lab can receive Genetic and Biomedical Testing Request from User and Lab will also receive sample collection from User.
- If the User’s sample collection does not meet the requirement from lab biological perspective (sample rejected or failed), then Lab can not perform Genetic and Biomedical Testing based on User’s sample collection and The User’s Staked Amount in the Network escrow will be be returned (after subtracted by an amount of fee needed by lab to do some quality control on the sample) to the User wallet or account from which the Staked Amount were Staked.
- If the User’s sample collection meets the requirement from lab biological perspective (sample accepted), then Lab can perform Genetic and Biomedical Testing based on User’s sample collection.
- Lab will provide Genetic and Biomedical Testing result in order to complete the Genetic and Biomedical Testing Services request.
- Lab will receive DBIO token as settlement from escrow upon successful services.
- The sample management of the User is hereby under the authority of the Lab and its services, under the jurisdiction of the Agreement between the User and the Laboratory. The User hereby declares that they fully understand the sample management, sample collection, sample storage, and the data report produced must be in accordance with the Agreement by the selected Laboratory. DeBio may not be liable for the sample managements, sample collections, sample storages, and data reports produced by the selected Laboratory.
- Lab 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 Lab PRIVATE KEYS, AND WILL NOT ACT AS A CUSTODIAN OF Lab FUNDS.
- Lab 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.
- 3.During the Term (as Defined below) User shall provide the following:
- In order to proceed to Request Test, User will need to select his/her location, Lab, service category and pay an “amount of fee” depending on the Service fee given by the Lab. In further terms the “amount of fee” stated above will still be called Staked Amount. The transaction weight for payment will be borne by the User.
- Stake Amount will be staked in Request Test Network escrow during the Genetic and Biomedical Testing Services process.
- After that, User can proceed to sample collection process submission to the Lab.
- If the Request Test is successful (meaning that User has completed to do the step above, submit the sample collection to the lab, and the lab has provided the test’s result for User), the Staked Amount will be received by the Lab as a settlement for providing testing services. If the User’s collection sample does not meet the requirement from lab biological perspective (sample rejected or failed), the Staked Amount token will be returned (after subtracted by an amount of fee needed by lab to do some quality control on the sample) to the User wallet or account from which the Staked Amount were Staked.
- The sample management of the User is hereby under the authority of the Laboratory and its services, under the jurisdiction of the Agreement between the User and the Laboratory. The User hereby declares that they fully understand the sample management, sample collection, sample storage, and the data report produced must be in accordance with the Agreement by the selected Laboratory. DeBio may not be liable for the sample managements, sample collections, sample storages, and data reports produced by the selected Laboratory.
- 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.Genetic Analysis Services payments will be made through the Network in a decentralized manner.
- 2.DeBio will not accept, take control of, or custody any funds on behalf of the Lab and the User.
- 3.When setting up a Wallet within DeBio Network, the Lab and the User will be responsible for keeping their 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. the Lab and the User are solely responsible for maintaining the security of their private key and any mnemonic (backup) phrase associated with their Wallet. the Lab and the User must keep their 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 the Lab and the User Wallet address but does not receive or store their Wallet password, encrypted private key, unencrypted private key, or mnemonic (backup) phrase associated with their Wallet. DeBio cannot, therefore, assist the Lab and the User with Wallet password retrieval. DeBio cannot generate a new password for their Wallet if they fail to remember their original password. If they have not safely stored a backup of any Wallet address and private key pairs maintained in their Wallet, the Lab and the User accept and acknowledge that any Virtual Currency they have associated with such a Wallet address will become inaccessible if they do not have their Wallet password.
- 1.The Lab and the 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.DeBio does not provide any advice or guidance with respect to the tax obligations of the Lab and the User. The Lab and the User are strongly encouraged to seek advice from their own tax advisor to discuss the potential tax consequences of entering into this Agreement and the receipt of any Staking Rewards.
V. Compliance with Laws
- 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.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 Request 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.Any service on the DeBio platform is provided for research, informational, and educational use only. We do not provide medical or diagnostic advice. User 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.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).
- 1.The Lab and the 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.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.DeBio and DeBio Application do not have access to the Lab’s and the User’s private key and cannot initiate, access and transfer cryptocurrency in the Lab and the User account or wallet.
- 4.DeBio is not responsible for any activities that the Lab and the User engages in when the Lab and the User are using a wallet or the DeBio Application.
- 5.DeBio will not compensate the Lab and the User for the missed Staked Amount arising from Lab or 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.In connection with the use of the DeBio Application, the Lab and the User are 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 the Lab and the User with the accurate estimates of these charges for their 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. The Lab and the Userspecifically 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. The Lab and the User must ensure that they have a sufficient balance of DBIO token stored at their Substrate address and or Ether stored at their Ethereum Address to complete any transaction on the Substrate or Ethereum blockchain before initiating blockchain transaction.
- 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.