Platform Terms of Service

Please read these Terms of Service (these “Terms”) carefully as they are a binding legal contract between you and Translating Science PBC (“Translating Science,” “we”, “our,” or “us”). These Terms govern your access and use of the Translating Service web portal made available through our website (the “Translating Services Platform”), including any content, functionality and services offered on or through the Translating Services Platform (collectively, the “Services”).

By accessing or using the Translating Science Platform, opening an account, by clicking to accept or agree to the Terms when this option is made available to you, or otherwise using our Services, you agree that you have read, understand, and agree with these terms. If you do not agree with these terms do not access or use the Translating Science Platform, use the Services, or register an Account.

Translating Science reserves the right, at its sole and absolute discretion, to modify these terms at any time. All changes will be effective immediately upon posting to the Translating Science Platform. Material changes will be conspicuously noted or otherwise communicated to you. By accessing or using the Translating Science Platform after changes are posted, you agree to those changes. If you do not agree to those changes, you may close your Platform account and stop using the Translating Science Platform. Note that closing your Platform account will not terminate your membership with Translating Science.

THESE TERMS CONTAIN AN AGREEMENT BY YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE TRANSLATING SCIENCE IN A CLASS ACTION LAWSUIT.

1. Privacy policy: We may collect certain information about you when you access and use our Platform. Our Privacy Policy explains what personal information we may collect, why we collect it, how we use it, how we disclose it, and the controls you have over your personal information when you use our Platform.
2. Platform information: We provide the information on the Translating Science Platform for general, informational purposes. While we use good faith efforts to keep the information on the Translating Science Platform accurate, we do not guarantee it is accurate, up-to-date, or applicable to you. We have no obligation to correct information on the Translating Science Platform or notify you when information is corrected, replaced, or removed.
3. Account: Access to the Translating Science Platform is limited to current subscribers with Translating Science or permitted beta users.

   To access and use the Translating Science Platform, you will be required to activate an account (“Account”) via the Translating Science Platform. In order to create your Account credentials, you must first contact Translating Science. You will also be required to submit a username and password. All Account information is subject to our Privacy Policy. You must maintain, and are responsible for maintaining, the confidentiality of your username and password. Do not share your username and password with any other person. You are solely responsible for ensuring any data or information you provide Translating Science in the creation of the Account or upload to the Translating Science Platform while using your Account is accurate and that you have the legal right to provide such information to Translating Science. You must immediately notify us, using the contact information set forth below, if you become aware of any unauthorized use of your login credentials or Account. You acknowledge and agree that Translating Science is authorized to act on instructions received through your Account, including the provision of requested Services and any other communications. We may, in our discretion, deny access or block access to your Account without prior notice if we believe the security of your Account or login credentials have been compromised. If you are under 18 years of age, your parent or guardian must contact Translating Science to activate your account on your behalf. You must not create an Account if you are under 18 years of age.

4. Platform functions: The Translating Science Platform allows you to upload medical diagnostic reports, lab results, genetic testing results, and other medical records for Translating Science to provide you explanatory materials, reports, analysis, and summaries relating to your existing diagnosis and testing results. YOU UNDERSTAND THAT TRANSLATING SCIENCE IS NOT ITSELF A HEALTHCARE PROVIDER AND YOU SHOULD NEVER DELAY SEEKING ADVICE FROM YOUR ONCOLOGIST, PRIMARY CARE PHYSICIAN, OR ANY OTHER HEALTH PROFESSIONALS DUE TO ANY INFORMATION PROVIDED (OR THE OMISSION OF ANY SUCH INFORMATION) BY TRANSLATING SCIENCES, THE TRANSLATING SCIENCES PLATFORM OR THE CONTENT.
5. Translating Science Content: The Translating Science Platform, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, “Translating Science Content”) are exclusively the property of Translating Science or, as applicable, Translating Science’s affiliates, vendors or licensors. Except for the rights expressly granted to you in these Terms, Translating Science retains all other ownership rights in the Translating Science Platform and Translating Science Content, including all intellectual property rights.
6. Third-party content: The Translating Science Platform may contain content from third parties and third party websites and links to third-party websites or resources (collectively, “Third-Party Content”). Links to Third-Party Content are provided for your information only and do not constitute Translating Science’ approval of those third-party websites or resources. Translating Science does not control or endorse and is not responsible or liable for any such Third-Party Content, or any related products or services. You are solely responsible for your use of any such Third-Party Content. Please note that third-party websites may have their own legal terms and conditions and you may be giving others permission to use your contact information or other information by using or interacting with them. You understand that by accessing Third-Party Content through the Translating Science Platform, you may see content that may be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. You are responsible for deciding whether you will access or use any Third-Party Content that is available in or through the Translating Science Platform.
7. Use rights: You may only use the Translating Science Platform and Translating Science Content for your personal use, so long as you comply with these Terms, all other terms posted throughout the Translating Science Platform as applicable to you, and all applicable laws, rules and regulations. You may only use the Translating Science Platform and the Translating Science Content for their intended purposes for which they are made available to you by Translating Science.
8. Use of marks: Translating Science owns certain trademarks, names, logos, insignia, or service marks (“Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by Us. The Translating Science Platform may also contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third party’s consent.
9. Intellectual property rights: The Translating Science Platform and Translating Science Content may be protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Translating Science or any third party is strictly prohibited and may fully be prosecuted of the law.
10. Copyright policy: The Translating Science Platform and Translating Science Content may be protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Translating Science or any third party is strictly prohibited and may fully be prosecuted of the law.
11. Compliance with laws: In connection with your access to and use of the Translating Science Platform, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.
12. Feedback and other Translating Science Content submitted by you: If you submit comments or feedback to us regarding the Translating Science Platform or its Translating Science Content, or any other comments, questions, requests, content or information that is not personal information (“Feedback”), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
13. Restrictions on your use of the Translating Science Platform: Any of the below activity may result in termination of your Account:
    • You may not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Translating Science Platform, Services, or Translating Science Content without Translating Science’s prior written consent.
    • You may not use the Translating Science Platform for unlawful purposes.
    • You may not submit inaccurate, incomplete, or out-of-date information via the Translating Science Platform, commit fraud or falsify information in connection with your use of the Translating Science Platform.
    • You may not engage in data mining or similar data gathering or extraction activities from the Translating Science Platform.
    • You may not use the Translating Science Platform to harvest email addresses, names, or other information of the users of the Translating Science Platform or to spam other users of the Translating Science Platform.
    • You may not access, use, or copy any portion of the Translating Science Platform, or Translating Science Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
    • You may not use the Translating Science Platform to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses or malware.
    • You may not engage in activities that aim to render the Translating Science Platform or associated services inoperable or to make their use more difficult.
    • You may not frame, mirror, or circumvent the navigational structure of any part of the Translating Science Platform.
    • You may not upload, distribute, transmit, or post anything to or through the Translating Science Platform that:
      1. is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like;
      2. invades the privacy of another or includes the confidential or proprietary information of another without their written consent, or
      3. is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
    • You may not engage in any conduct while using the Translating Science Platform that Translating Science considers inappropriate, unauthorized, or contrary to the intended purpose of the Translating Science Platform.
    • You must not develop any third-party applications that interact with the Translating Science Platform, Services, or Translating Science Content without prior written consent from Translating Science.
14. Disclaimer of warranties:

    The Translating Science Platform, Services, and Translating Science Content are provided “as is,” and without any warranty of any kind. We make no guarantee that using the Translating Science Platform, Services, or Translating Science Content will allow you to achieve your goals or generate any particular results. To the maximum extent permitted by applicable law, Translating Science expressly disclaims all warranties and conditions of any kind with respect to the Translating Science Platform, Services, and Translating Science Content, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and arising from a course of dealing or usage in trade. Translating Science makes commercially reasonable efforts to provide accurate and reliable Services and Translating Services Content on the Translating Science Platform, but neither accuracy nor reliability are guaranteed.

    Translating Science does not warrant or guarantee the security, quality, completeness, timeliness, or availability of the Translating Science Platform, Services, or Translating Science Content. Translating Science does not warrant or guarantee that the Translating Science Platform, Services, or Translating Science Content will be uninterrupted or error-free, that any defects in the Translating Science Platform, Services, or Translating Science Content will be corrected, or that the Translating Science Platform or the servers that make the Translating Science Platform available are free of viruses or other harmful conditions or components. The laws of certain jurisdictions, including without limitation the State of New Jersey, may not allow the exclusion or limitation of warranties or conditions. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you and you may have additional rights.

15. Limitation of liability:

    To the maximum extent permitted by applicable law, in no event will Translating Science or its officers, directors, members, employees. Agents or professional advisors (collectively, the “Translating Science Parties”) be liable for any indirect, special, incidental, exemplary, punitive, or consequential loss or damage, arising out of or in connection with the Translating Science Platform, Services, or Translating Science Content, or your access to or use of, or inability to access or use, the Translating Science Platform, Services, or Translating Science Content, regardless of the form of action, whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if a Translating Science Party has express knowledge of the possibility of the loss or damage. Your sole and exclusive remedy is to stop accessing and using the Translating Science Platform, Services, or Translating Science Content.

    Without limiting the foregoing, in no event will the Translating Science Parties’ aggregate liability to you arising out of or in connection with the Translating Science Platform, Services, or Translating Science Content, or your access to or use of, or inability to access or use, the Translating Science Platform, Services, or Translating Science Content exceed $100 USD, even if any remedy provided fails of its essential purpose. The laws of certain jurisdictions, including without limitation the State of New Jersey, may not allow the exclusion of certain damages or limitations of liability. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you and you may have additional rights.

16. INDEMNIFICATION: You agree to indemnify, defend and hold harmless the Translating Science Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including, without limitation, reasonable attorneys’ fees) that arise out of or in connection with:
    1. your violation of applicable laws,
    2. your Account or any misuse of the Translating Science Platform or any Translating Science Content,
    3. your breach of these Terms or any other terms on the Translating Science Platform, or
    4. your infringement or misappropriation of any intellectual property rights.
    We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
17. Use in the United States: The Translating Science Platform is intended for use in the United States only. We do not guarantee that use of the Translating Science Platform will be available or permitted in any location other than the United States. If you choose to access the Translating Science Platform from a location other than the United States, you do so at your own risk. THE EXISTENCE OF THE TRANSLATING SCIENCE PLATFORM OR ANY TRANSLATING SCIENCE CONTENT SHALL NOT BE CONSTRUED AS TRANSLATING SCIENCE OR THE TRANSLATING SCIENCE PARTIES OFFERING SUCH PLATFORM OR TRANSLATING SCIENCE CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH PLATFORM OR TRANSLATING SCIENCE CONTENT IS PROHIBITED BY LAW.
18. Termination: You may close your Account any time. Please note that closing your Account does not terminate your membership with Translating Science. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Translating Science Platform, Services, or Translating Science Content and Translating Science may suspend or terminate your Account or access to the Translating Science Platform and any Translating Science Content, in whole or in part, at any time in its sole discretion for any reason. Translating Science will not be liable to you or anyone else for any damages arising from or related to Translating Science’s suspension or termination of your Account or access to the Translating Science Platform, Services, or Translating Science Content as permitted by these Terms, or in the event Translating Science modifies, discontinues or restricts the availability of the Translating Science Platform, Services, or Translating Science Content (in whole or in part).
19. Cooperation with law enforcement: Translating Science will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD THE TRANSLATING SCIENCE PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
20. DISPUTE RESOLUTION – ARBITRATION: Both parties agree to resolve any disputes arising under these Terms or relating to the Translating Science Platform, Services, or Translating Science Content through binding arbitration, on an individual basis, as set forth below:
    1. WAIVER. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, YOU MAY NOT BRING A CLAIM AGAINST TRANSLATING SCIENCE IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PERSON’S OR PARTY’S CLAIMS IN A CLASS OR PROCEEDING. In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to Translating Science’s right to appeal.
    2. Good faith discussions: You and Translating Science must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.
    3. Rules: You and Translating Science agree that arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (“Rules”). The Rules can be found at: https://www.adr.org/Rules. You and Translating Science agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.
    4. Initiating a claim: The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.
    5. Arbitrator: Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms or with regard to the Translating Science Platform, including as to the enforceability and/or formation of this agreement to arbitrate made between you and Translating Science.
    6. Location: You agree that arbitration shall take place exclusively in California. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.
    7. Time limit: Any claim by you arising in connection with these Terms, the Translating Science Platform, Services, or Translating Science Content must be commenced by you within one (1) year of the dispute giving rise to the claim.
    8. Confidentiality: The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.
    9. Changes to this agreement to arbitrate: If Translating Science modifies this arbitration provision, you may reject that change by sending Translating Science written notice within thirty (30) days of our posting of the change, in which case you must immediately stop using the Translating Science Platform.
    10. The Arbitrator's decision: The arbitrator’s decisions and judgment will be final and binding on the parties but will have no precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms.
    11. Costs and expenses: Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.
    12. Exceptions: Notwithstanding anything to the contrary in this Section, you and Translating Science each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.
21. Governing law: Unless expressly prohibited by the law of your place of residence, these Terms, and your access to and use of the Translating Science Platform, are governed by the laws of California, without regard to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Alameda County, California. The parties expressly agree to the exclusive jurisdiction of those courts.
22. Entire agreement: These Terms contain the entire agreement between you and Translating Science with respect to your access to and use of the Translating Science Platform, Services, and Translating Science Content. In the event of conflict between these Terms and the applicable Privacy Policy, the Privacy Policy will control.
23. Severability: If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

Please direct any questions and concerns regarding these Terms to us via email at info@translating.science.