Terms of Service
Dietary Molecular Diagnostics SL
Tax ID No.:
Parc Científic i Tecnològic Agrolimentari, núm 23 A, 25003 Lleida (Spain)
Registered in the Companies Registry of Lleida, volume 1,366, sheet 105, sheet number L-27.410, 1st inscription.
1. Key Definitions
- Aggregated Metabolomic and Self-Reported Data: Metabolomic and Self-Reported Data that has been obtained from User Registration Data and has been combined with data from other users and analysed or evaluated as a whole, such that no specific individual may be reasonably identified.
- Consent Document: formal electronic or physical documentation acknowledging user permission for Biomeb to collect, process, store and share any Personal Data required to provide Biomeb Services or in any internal research and product development. Further details of data usage will be disclosed during consent, and you will be given the opportunity to control how we use and share your data. A separate Consent Document will be issued to gain your permission to participate in ‘Biomeb Research’ as defined within this TOS.
- Biomeb Research: means scientific research and development (R&D) activities to improve our services and to develop new services and products. Biomeb Research only uses Metabolomic and Self-Reported Data from users who have given informed consent according to the applicable Consent Document. Biomeb will only use this research on a de-identified basis.
- Product Development: means research performed for the purpose of new product development and new product development activities performed by Biomeb on de-identified user data. These activities may include, among other things, improving our Services and/or offering new products or services to you; performing quality control activities; conducting data analysis that may lead to and/or include commercialization with a third party.
- Biomeb Service or Services means Biomeb’s products, services, and website (including but not limited to text, graphics, images, and other material and data) as accessed from time to time by the user. For example, metabolomic testing, reporting and follow up consultations with our experts.
- Personal Data: data that can be used to identify you, either alone or in combination with other data. Biomeb collects and stores the following types of Personal Data:
- Registration Data: data you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment data).
Metabolomics Data: data regarding your metabolism, generated through processing of your blood sample by Biomeb.
- Self-Reported Data: all data about yourself, including your disease conditions, other health-related data, personal traits, ethnicity, family history, dietary habits, and other data that you enter into forms or web applications while signed in to your Biomeb account.
- Sensitive Data: data about your health and certain Self-Reported Data such as your ethnic origin.
- User Content: all information, graphics, text, images and other data – other than Metabolomics Data and Self-Reported Data-generated by users of Biomeb Services and transmitted, whether publicly or privately, to or through Biomeb.
- Web Behaviour Data: data on how you use the Biomeb website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
- Registration Data: data you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment data).
2. Acceptance of Terms
Your use of Biomeb’s Services (excluding any services provided by Biomeb under a separate agreement) is subject to the terms of the legal agreement between you and Biomeb set forth in these Terms of Service (“TOS”). Except as specified herein, these TOS apply to any use of the Services, including but not limited to:
- Submitting a blood sample for metabolomics analysis; and/or
- Registering and using a free Biomeb account without providing your blood sample.
To use our Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by:
- clicking to accept or agree to the TOS, option available to you for any Service;
- clicking to accept the Consent Document; and/or
- using the Services. In this case, you acknowledge and agree that Biomeb will treat your use of the Services as acceptance of the TOS from that point onwards.
Direct-to-consumer users who submit a blood sample must be eighteen (18) years of age or older to agree to these TOS on behalf of themselves or those for whom you have the legal authority to agree.
4. Description of the Services
The Services include access to Biomeb including www.biomeb.com, www.well-b.eu, and any other web application we operate, and personal metabolomic services, including the collection and analysis of your blood sample. Unless explicitly stated, each new feature that augments or enhances the current Service shall be subject to the TOS. You acknowledge and agree that the Services are provided “AS-IS” and are based on the current state of the art of metabolomics research and technology in use by Biomeb at the time of the purchase or using the Services.
Biomeb is constantly innovating in order to adapt the Services to scientific research and technology evolve to provide the best possible experience for its users. You acknowledge and agree that the form and nature of our Services may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Biomeb may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users, without prior notice to you.
You can stop using the Services at any time. You do not need to specifically inform Biomeb when you stop using the Services unless you request to close your account. Biomeb assumes no responsibility for the use of Services outside the terms of these TOS or other applicable terms.
In order to use the Services, you must have Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such Internet connection. You are solely responsible for paying such fees and providing such equipment. You acknowledge and agree that while You agree that while Biomeb does not have a set upper limit on the number of transmissions you send or receive through the Services, or the amount of storage space used for providing any Service, this fixed upper limit may be set by Biomeb at any time at its sole discretion.
5. Risks and Considerations
Biomeb does not provide medical advice.
The Metabolomic Data provided by Biomeb is for research, informational, and educational use only. The Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other healthcare 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.
Health, fitness, nutrition or wellness behaviours should not be altered solely based on the data provided by Biomeb. Referral to a healthcare professional to discuss results is recommended before acting upon data provided by Biomeb services.
The laboratory cannot process your sample.
The laboratory may not be able to process your sample if the micro sample does not contain a sufficient volume of blood, and the process to obtain the blood sample is not followed accurately. You shall read thoroughly the kit instructions, and see the support videos before obtaining your blood sample. If you do not provide a correct sample we may send you another collection kit, however, you will be entitled solely to for paying shipping and cost of materials.
6. User Representations
By accessing Biomeb Services, you agree to, acknowledge, and represent as follows:
- You understand that data you obtain from Biomeb is not designed to diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical data.
- You understand that the Biomeb services are intended for research, informational, and educational purposes only, and that while Biomeb data might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by additional medical and clinical testing and data.
- The information obtained through our Services, under no circumstances under no circumstances does it intend to substitute the specific attention of health professionals. You acknowledge that Biomeb urges you to seek the advice of your physician or other healthcare provider if you have questions or concerns arising from your Metabolomic Data. You represent that you are eighteen (18) years of age or older if you are providing a blood sample or accessing your Metabolomic Data.
- You are guaranteeing that any sample you provide is your own blood; however, if you accept these TOS on behalf and representation of another person whose legal authorization you have, the signatory confirms that the submitted sample belongs to that person.
- You acknowledge that any blood sample that you provide, and its resulting data can be transferred and/or processed outside the country where you live.
- You are warranting that you are not an insurance company or an employer attempting to obtain data about an insured person or an employee.
- You acknowledge that some data you receive can provoke strong emotions.
- You take responsibility for all possible consequences resulting from your sharing with others access to your Genetic Data and your Self-Reported Data.
- You understand that all your Personal Data will be stored in Biomeb databases and will be processed in accordance with the Biomeb Privacy Statement.
- You acknowledge that by providing any sample, having your Metabolomic Data analysed, accessing your Metabolomic Data, or providing Self-Reported Data, you acquire no rights in any research or commercial products that may be developed by Biomeb or its partners. You acknowledge that you will not receive compensation for any research or products that include or result from your Metabolomic Data or Self-Reported Data.
You agree that you have the authority; under the laws of the jurisdiction in which you reside, to make these representations. In case you break any of these representations or breach these TOS in any manner, Biomeb has the right to terminate your account and refuse the future use of Biomeb Services and you will indemnify and hold harmless Biomeb and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
7. Account Management, Password, and Security Obligations
In consideration of your use of the Services, you agree to (a) provide true, current, and complete Registration Data about yourself as requested by the Service; and (b) maintain and update the Registration Data to keep it true, current, and complete. If you provide any Registration Data that is untrue, not current, or incomplete, or if Biomeb has a reasonable evidence to suspect that such Registration Data is untrue, not current, or incomplete, Biomeb has the right to suspend or terminate your account and refuse current or future use of the Service.
After you have purchased our Service, you will create a password and account designation. You are responsible for maintaining the confidentiality of the credentials (username and password) for your account, and are fully responsible for all activities that happen under your password or account. If you allow third parties to access Biomeb’s website through your username and password, you will indemnify Biomeb and its affiliates against any liability or costs arising from claims by such third parties based upon or relating to such access and use.
You can access to your personal profile through your account and change your password at any time.
You agree to (a) immediately notify Biomeb of any use of your password or account that has not been authorized, and (b) ensure that you exit from your account at the end of each session. Biomeb expressly disclaims all liability for any loss or damage arising from your failure to comply with this Section.
8. Biomeb Privacy Statement and Disclosure of Data
Biomeb is committed to protecting user privacy as a Data Manager. All metabolomic test results and any Personal Self-Reported Data are maintained under a strict policy of confidentiality. Our Privacy Statement is applicable to all new and existing users and should be considered in terms of usage of the Biomeb Services, websites, or other applications.
You will be required to acknowledge and agree to the Privacy Statement. You may not use the Services if you do not accept the Privacy Statement. You can acknowledge and agree to the Privacy Statement by (1) clicking to accept or agree to the Privacy Statement, an option available to you for any Service; or by (2) using the Services.
Whenever this Privacy Statement is changed in a material way, a notice will be posted to user accounts as part of this Privacy Statement and on our website, or by email to existing users if appropriate. Please access your account and/or this page regularly. A continued access to your account or use of the Services after effective date will mean that you agree to any changes.
You acknowledge and agree that Biomeb has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring.
9. Limited License
You acknowledge that all User Content, whether publicly shown or privately communicated, is the sole responsibility of the person from which such User Content originated. This means that you, and not Biomeb, are entirely responsible for all User Content that you upload, post, email, or shared through our website or Service.
You acknowledge that the Services content presented to you as part of the Services is protected by copyright and/or other intellectual property rights that are owned by Biomeb.
Biomeb does not grant you permission to share any of the content unless explicitly indicated. You may not modify, lease, sell, distribute or create works based on the Services content unless you have been specifically told that you may do so by Biomeb, in a separate agreement.
10. Customer Conduct - Unlawful and Prohibited Use
You agree that you will not use the Services for any purpose that is unlawful or prohibited by this TOS. You may not use the Services in any manner that could damage, disable or impair the Services or interfere with any other party’s use of the Services. You may not obtain or attempt to obtain any data through any means that are not made available explicitly through the Service.
Moreover, you specifically agree not to use the Services to:
- upload, post or share any material that is defamatory, obscene, offensive, or that is discriminatory based on race, colour, origin, sexual orientation, sex, gender, age or other status;
- impersonate any person, including anyone affiliated with Biomeb, or falsely state your affiliation with a person;
- add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content shared through the Service;
- “stalk” or otherwise harass someone else;
- upload, post, email, or share any content that you do not have a right to transmit under any law;
- use any data received through the Services to attempt to identify or contact other customers;
- download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed;
- upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of Biomeb;
- harm minors in any way;
- advertise, buy or sell any goods or services for business purposes, unless Biomeb specifically allowed you to do so;
- upload, post, email, or otherwise transmit any advertising, promotional materials, “junk mail” or “spam” or any other form of solicitation, except in those areas that are designed explicitly for such purposes and to the extent to which the law authorizes the content;
- upload, post, email, or share any material that contains software viruses or any other code, files, or programs used to interrupt, destroy, or limit the functionality of any computer software or hardware equipment;
- use software, devices, scripts, other means or processes to access the Service or our website;
- engage in framing or mirroring the appearance or function of our website;
- attempt to or actually override any security component of Biomeb web services;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- violate these TOS, any code of conduct or other guidelines that apply to any area of the Service or have been communicated to you by anyone from Biomeb; or
- violate any applicable local, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that Biomeb has no responsibility to you or to any third party for) any violation of your obligations under the TOS and for the consequences that the violations might have, including any loss or damage that Biomeb might suffer. In case of any violation of these agreements, Biomeb has the right to suspend or terminate your account and refuse current or future use of the Service and you will defend and indemnify Biomeb and its affiliates against any costs or damages that might arise from the violations.
If you violate the terms of this Section and/or Biomeb has a reasonable evidence to suspect that you have violated the terms of this Section, Biomeb has the right to suspend or terminate your account and refuse current or future use of the Service.
11. Export Control and Applicable Laws and Regulations
You agree to comply with all local rules regarding online conduct and acceptable content. In addition, you agree that you will not do anything that would cause Biomeb to violate any such statute, regulation or rule.
12. Material Posted Through The Service
Biomeb will not control any of the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of the any User Content or other outside content not provided by Biomeb. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Biomeb be held responsible for any outside content, including errors in such content, loss, or damage because of the content posted or shared through the Service.
You acknowledge that Biomeb has the right, but not the obligation, to review, filter, modify, refuse, or move any content that is available through the Services. Without limiting the foregoing, Biomeb and its designees shall have the right to remove any content that violates the TOS in its sole discretion. You agree and acknowledge that you must evaluate the use of any content, including accuracy or usefulness of the content.
13. Your Proprietary Rights over material provided by Biomeb
Biomeb does not claim ownership of the User Content you provide or submit to the Service. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit through the Services. However, by creating and sharing User Content, you give Biomeb an irrevocable license to reproduce, adapt, modify, publish, and distribute derivative works from any User Content created and shared by you through the Services. You acknowledge and agree that this license includes a right for Biomeb to make such User Content available to other companies, organizations, or individuals with whom Biomeb has relationships, and to use such User Content in connection with the provision of the Services.
You understand that Biomeb, in performing the required technical steps to provide the Services to our users, may (a) distribute your User Content over several public networks and media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of networks, services, or media. You acknowledge and agree that this license shall permit Biomeb to take these actions. You give this right and power to Biomeb to grant the license stated here.
Metabolomic and/or Self-Reported Data
We will not disclose individual Metabolomic and/or Self-Reported Data to third parties without explicit consent, unless required by law. You acknowledge that Biomeb cannot control the distribution of Metabolomic and/or Self-Reported Data that you share publicly, and that Biomeb has no obligation to protecting those rights on your behalf.
Once you submit your blood sample and Biomeb has analysed it, the sample is irreversibly processed and it cannot be returned to you. See our website for more information on sample processing. Any Metabolomic Data derived from your blood remains your data, subject to rights we retain as set forth in this TOS. You acknowledge that you should not expect any financial benefit from Biomeb for having your Metabolomic Data or Self-Reported Data processed.
Waiver of Property Rights
You acknowledge that by providing any sample, having your Metabolomic Data processed, accessing your Metabolomic Data, or providing Self-Reported Data, you acquire no rights in any research or commercial products that may be developed by Biomeb or any third party. You acknowledge that you will not receive compensation for any research or products that include or result from your Metabolomic Data or Self-Reported Data.
You agree to indemnify and hold harmless Biomeb, its employees, agents, contractors, partners, officers and directors, and its affiliates and their respective successors and assigns and each other person, if any, who controls any thereof, against any loss, liability, claim, damage and expense whatsoever (including, but not limited to, any and all expenses whatsoever reasonably incurred in investigating, preparing or defending against any litigation commenced or threatened or any claim whatsoever) arising out from the User Content submitted or shared through the Service, your Service use, your Service connection, your TOS violations, or any other rights violation(s).
If you have submitted a Blood sample, you will defend and hold harmless Biomeb, its employees, agents, contractors, partners, officers and directors, and its affiliates and their respective successors from any liability arising out of the use or disclosure of any data obtained from analysing your blood sample and/or analysing your Self-Reported Data or Metabolomic Data, which is disclosed to you consistent with our Privacy Statement.
In addition, if you wish to provide your Metabolomic and/or Self-Reported Data to third parties, you agree to defend and hold harmless Biomeb, its employees, agents, contractors, partners, officers and directors, and its affiliates and their respective successors from any and all liability arising from such disclosure or use of your Metabolomic and/or Self-Reported Data.
15. No Resale of Service
Other than pursuant to Limited License as described earlier or another agreement, you agree not to distribute, publish, duplicate, copy, create, sell, resell or share portions or all the Services, the use of the Services or access to the Services for any commercial purposes.
16. General Practices Regarding Use and Storage
You acknowledge that Biomeb may establish practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Data and Services content will be retained by the Service, the maximum disk space that will be allotted on Biomeb’s servers on your behalf, and the maximum number of times you may access the Services in a given period of time. You understand and accept that Biomeb has no responsibility or liability for the deletion of messages or content maintained or shared by the Services; or for the loss of Metabolomic Data due to malfunction or destruction of data servers or other catastrophic events. You further understand that Biomeb reserves the right to change these practices and limits in its sole discretion.
17. Modifications to Service
Biomeb reserves the right to modify or discontinue, temporarily or permanently, the Services with or without notice. You acknowledge and agree that (a) modifications can result in a computational delay from some of Biomeb features or Services, and (b) Biomeb cannot be liable to you or any third party for any modification or discontinuation of the Services.
You understand that Biomeb may offer different or additional software or features to analyse your Metabolomic Data in the future and that your initial purchase does not necessarily allow you to obtain additional technologies or features to analyse your Metabolomic Data without an additional fee.
The TOS will apply until Biomeb or you terminate your obligations as described in this Section.
If you want to terminate your legal agreement with Biomeb, you may do so by notifying Biomeb at any time in writing, as well as closing your accounts from all the Services that were provided to you. Your notice should be sent, in writing, to Biomeb’s address, which is set out at the beginning of the TOS, or online through Customer Care. If you send the notice online, Biomeb will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.
Biomeb can terminate its legal agreement with you at any time, as well as revoke your password and terminate your account if:
- you violate any provision of the TOS or act in a way that shows you cannot comply with the provisions of the TOS;
- Biomeb is required to do so by law;
- one of the partners that offered the Services terminates its relationships with Biomeb or stops offering the Services to you;
- Biomeb no longer plans to provide Services to Users in your country of residence or where you use the Services; or
- the Service provided to you by Biomeb is no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Biomeb shall not be liable to you or any third party for any termination of your access to the Services.
19. Survival of Terms
The termination of these TOS, or any Supplemental Agreement concluded in connection with these TOS, shall not release the Parties from obligations which, expressly or by their nature, survive the termination hereof beyond such termination.
20. Dealings with Data Providers and Listed Resources
Your correspondence or business dealings through promotions, vendors, and other resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such data provider or resource. You understand and agree that Biomeb shall not be responsible or liable for any loss or damage resulted from these dealings or as a result of this data provided on the Services.
21. Hyperlinks and Biomeb Websites
The Service provides, and other third parties may provide, links to other sites and scientific resources on the Internet. Biomeb has no control over such sites and resources. Therefore, you acknowledge and agree that Biomeb is not responsible for the availability of such external sites or resources, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection to the use of this content that might be available through the hyperlinks.
22. Biomeb's Proprietary Rights
The rights related to industrial and intellectual property (including but not limited to trademarks, logos, texts, photographs, icons, images, etc., as well as graphic design, source code and other software elements contained in the Services), are the property of Biomeb Therefore, they are subject to intellectual and industrial property rights protected by Spanish and international law.
Without the prior written authorization of Biomeb, it is not allowed to use, reproduce, transmit, manipulate, as well as any use that exceeds the use necessary for the visit of the page and the use of the services offered.
Additionally, you agree that the Services, and any other “Software” used for the Services, contain data that is both confidential and proprietary and is protected by intellectual property laws. You also acknowledge that the data provided to you through our Services is protected by copyrights, trademarks, patents and other proprietary laws.
Except as expressly authorized by Biomeb, you agree not to modify, lease, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part.
Dietary Molecular Diagnostics SL., Biomeb, Well B, Fit B, and other Biomeb logos and product and service names are trademarks together with any other Biomeb trade names, logos, domain names, and other distinctive brand features are the “Biomeb Marks“. Unless you have agreed otherwise in writing with Biomeb, other than through the Limited License as described before, nothing in the TOS gives you a right to use any Biomeb Marks and you agree not to display, or use in any manner, Biomeb Marks.
You accept that you cannot and will not remove, obscure or alter any proprietary rights notices including copyright and trademark notices that might be contained within the Services.
Unless you have been expressly authorized to do so in writing by Biomeb, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is intended to cause confusion about such marks, names, or logos.
23. Disclaimer of Warranties
You expressly acknowledge and agree that:
- Your use of the services are at your sole risk. the services are provided on an “as is” and “as available” basis Biomeb explicitly disclaims all warranties of any kind, including the merchantability warranties.
- Biomeb makes no warranty that
- the services will meet your requirements;
- the services will be uninterrupted, secure, or error-free;
- the results that may be obtained from the use of the services will be accurate or reliable;
- the quality of the services, information, or other material obtained through the services will meet your expectations and
- any errors in the software will be corrected.
- Any material that is downloaded or obtained through the services is done at your own risk and you are solely responsible for any damage associated with your computer or any loss of data that might result from data download.
- No advice or data, whether oral or written, obtained by you from Biomeb or through or from the services shall create any warranty not expressly stated in the TOS.
- You should always be cautious when giving out any personally identifying data about yourself or those for whom you have legal authority. Biomeb does not control third parties to whom you may disclose your data using the services. Biomeb disclaims any liability associated with any actions that result from your participation in the services.
24. Limitation of Liability
Within the limits allowed by law, you expressly acknowledge and agree that Biomeb shall not be liable for any damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Biomeb has been advised of the possibility of such damages), resulting from:
- The use or the inability to use the services;
- Any action you take based on the information you receive in through or from the services,
- Your failure to keep your password or account details confidential and secure,
- The cost of procurement resulting from any goods, data, information, or services bought or obtained or messages received through or from the services;
- Unauthorized access to or alteration of your transmissions or data;
- Improper authorization for the services by someone claiming such authority; or
- statements or conduct of any third party on the services.
Notices to you may be made via either email or regular mail. Biomeb might also give notices of changes to its TOS or other matters by sending notices or links to notices to you or through the Services.
Official notices related to this TOS must be sent to us at:
Att. Data Protection Officer
Dietary Molecular Diagnostics SL
Parc Científic i Tecnològic Agrolimentari, núm 23 A
25003 Lleida (Spain)
26. Changes to the Terms of Service
Biomeb may make changes to the TOS from time to time. Whenever these changes are made, a new copy of the TOS will be available on our website.
You acknowledge and agree that if you use the Services after the date on which the TOS have changed, Biomeb will treat your use as acceptance of the updated TOS.
27. Violation or Suspected Violation of Terms of Service
If you violate the terms of these TOS and/or Biomeb has a reasonable evidence to suspect that you have violated the terms of these TOS, Biomeb has the right to suspend or terminate your account and refuse current or future use of the Services.
- Entire Agreement. The TOS constitute the entire agreement between you and Biomeb. It governs your use of the Services, replacing any prior agreements between you and Biomeb on this matter. You also may be subject to additional terms and conditions that may apply when you use the Services.
- Applicable law and arbitration. Except regarding disputes relating to intellectual property rights, obligations, or claims, disputes with Biomeb arising from Agreement (“Disputes”) will be governed by the laws of Spanish regardless of your country of origin or where you access Biomeb. Any Disputes shall be resolved by arbitration under the rules of the Spanish law. Arbitrations shall be held in Lleida, Spain, with written reasons from the arbitrator at either party’s request, and with arbitration costs and solicitor fees of both parties to be borne by the party that loses.
- Waiver. The failure from Biomeb to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties will agree that the court should endeavour to give effect to the party’s intentions as they are reflected in the provision, and the other TOS provisions shall remain in full force and effect.
- Limitation of action. You agree that regardless of any law that states the contrary, any claim or cause of action from or related to the Services use or the TOS must be filed within one (1) year after the claim or the cause of action is made.
- Amendments. We reserve the right to modify, supplement or replace the TOS, effective upon posting at our websites (www.biomeb.com, www.well-b.eu, among others) or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time.
- Assignment: You shall not assign any rights or obligations under this Agreement. Any assignment and delegation shall be ineffective. We may assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you.