Terms of Service

Terms of Service

Thank you for using our Services.

General Terms: By using BioBam services and software, including certain third party software and content made available in conjunction with our services, you agrees to accept a license under and to be bound by the following terms and conditions of this agreement (hereinafter the “Agreement”) with BioBam Bioinformatics, S.L (hereinafter, “BioBam”). This Agreement between you (hereinafter, the “User” or “You”) and BioBam states the terms that govern the peaceful and effective use of Services provided by BioBam, including software, cloud solutions or other services and content (hereinafter, collectively referred to as the “Service”)) together with all updates, additional terms, software licenses, terms of service and all of BioBam’s rules and policies which can be readily viewed at https://www.biobam.com/biobam-legal. Your use of the Service and any other BioBam products is conditioned upon your prior acceptance of the terms of this Agreement. Your use of the Service is conditioned upon your affirmation that you are eighteen (18) years of age or older. The present agreement will prevail over any conflicting rule stated in the additional terms, software licenses, terms of service and policies. Academic Users are authorized to use the Service only for academic, governmental, non-profit and non-commercial use. Commercial usage, other than academic, governmental or any other non-profit organization, you shall be authorized to use the Service only for commercial research use. Upgrades to commercial usage beyond commercial research are available; please contact BioBam for more information. Subject to the terms and conditions of this agreement BioBam hereby grants you a non-exclusive and non-transferable limited license to use the Service as defined by the particular conditions of the corresponding service contract agreed on by the parties. You shall not use the Service in a manner contrary to the intended use set forth above.

Privacy: Our general privacy policy applies and can be found online at https://www.biobam.com/policies/#privacypolicy. Additionally, you agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service (hereinafter, the ”Registration Data”) including personal names, electronic addresses, telephones, institution names, department names, postal addresses, etc. You will always have the right to access, consult, modify or cancel any provided personal data to BioBam by contacting BioBam’s Customer Service Department. You agree to maintain and update your Registration Data as required to keep it accurate, current, and complete and agree that BioBam may store and use the Registration Data you provide (which may include credit card information if appropriate) for the sole purpose of maintaining your accounts and payments updated and deliver a high level of customer service. BioBam websites, services and products may use analytic tools (like e.g. Google Analytics) to help analyse how our services are used. These tools may use cookies or other technology to collect anonymous log information to track user behaviour. No sensitive data is collected and can not be associated with any Personally Identifiable Information (PII). The anonymous information generated by these tools is transmitted and processed to compile statistical reports only. These aggregated usage reports are used exclusively to improve the functionality and experience of our services. We agree to comply with EU Regulation 2016/679 issued by the European Parliament and Council on 27 April 2016 pertaining to the protection of individuals as regards personal data processing and the free movement of these data, repealing EC Directive 95/46 (henceforth, the General Data Protection Regulation or “GDPR”), Act 3/2018, Organic Act on Personal Data Protection and the Guarantee of Digital Rights. Each party will be liable for the consequences that may arise from their failure to comply with the obligations set down herewith.

Confidentiality and data ownership: BioBam shall use its commercially reasonable efforts to keep confidential the contents of all Users information and uploaded data, stored and maintained within your individual Account. You shall own all rights, title, and interests in any information and data files which you upload, store and maintain within your Account. Confidential Information means any information that has been disclosed to any of the parties as a result of the performance of the rights and duties described hereto, which is not available for the public domain as, for example, any information relating to business, customers, operations, facilities, procedures, methods, transactions, know-how or any other aspect of the activity of the Parties. The parties agree and undertake not to disclose the Confidential Information for any purpose different to the purposes associated with the present agreement. Any downloading or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners of any content embodied in any of the Services. The delivery of content through the Service does not transfer to you any commercial or promotional use rights in the content. You shall use reasonable efforts to keep confidential the technical details of the Service by using a reasonable degree of care to prevent the unauthorized use, dissemination, or disclosure of the Service and its operation. You shall refrain from disclosing or publishing benchmarks relating to the Service without express written permission from BioBam.

System requirements: The use of some Services may require a compatible hardware device, software components and Internet access as well as may require obtaining updates or upgrades from time to time. All requirements will be specified accordingly in the corresponding technical documentation. Since the use of the Service involves certain hardware, software and Internet access, your ability to use the Service may be affected by the performance of these factors. Data transmission and data links between BioBam and you via a network are exclusively your responsibility. High-speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may change from time to time, are your responsibility.

Account and Key: As a registered or subscribed User of a Service, you may receive or establish an account (”Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information or registration data to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify BioBam of any unauthorised use of your Account or any other breach of security. BioBam shall not be responsible for any losses arising from the unauthorised or inadequate use of your Account. You shall not directly or indirectly sell, license, sub-license, rent, or otherwise make available for use, whether via a service bureau, outsourcing or another arrangement the Service to any third party.

Security: You understand that the Service includes a security framework using technology that protects digital information and limits your usage of the Service to certain terms and conditions required for use of the Service all of which are hereby made a part of this Agreement. You agree to comply with such terms and conditions and you agree not to violate or attempt to violate any security components. You agree not to attempt to or assist another person to circumvent, reverse-engineer, decompile, disassemble or otherwise tamper with any of the security components for any reason whatsoever. Security may be controlled and monitored by BioBam for compliance purposes and BioBam reserves the right to enforce the terms and conditions with or without notice to you. You will not access the Services by any means other than through the mechanisms that are provided by BioBam for accessing the Service. You shall not access or attempt to access an Account that you are not to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorised access to the Service. You shall not directly or indirectly disassemble, decompile, reverse engineer or otherwise attempt to discover the whole or any part of the source code of the Service or of any other products, whether to render the Service inter-operable with other computer programs or equipment or to reproduce the functionality of the whole or any part of the Service, nor shall you assist any third party in doing any of the foregoing. Violations of system or network security may result in civil or criminal liability. You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or that is used to administer the Terms of Service. You agree that your use of the Service and other purchased BioBam products constitutes your acceptance to use them solely in accordance with Terms of Service and that any other use of the Service may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Service. The Terms of Service shall govern your rights with respect to the Service, in addition to any other terms or rules that may have been established between you and another party.

Data loss: BioBam does not guarantee against data loss of your data owing to hardware failures or catastrophic events causing data loss on the Service. Notwithstanding this, BioBam will use commercially reasonable efforts to prevent the loss of or damage to data in its possession and will maintain commercially reasonable backup procedures and copies to facilitate the reconstruction of any such data.

Price and payment: The price of the service, if applicable, shall be agreed by the parties in the particular conditions. Unless otherwise stated, prices don’t include VAT or any other applicable taxes. The User shall provide BioBam with all the information required by BioBam in order to estimate the final price, taxes and expenses included. Once that the particular conditions have been agreed by the parties, BioBam will issue an invoice which must be paid off by the User prior on the date specified in the particular conditions. BioBam reserve the right to refuse or revoke access to the Service if the price is not fully paid by the User. 

Return and Refund Policy: Depending on the nature of the provided Services (licence to use SAAS subscriptions, software licences or other digital content) we reserve the right to assess refund or credit requests on a per-request basis and do not warrant a refund or return unless required by law. For purchases within the European Union we offer a full refund, excluding payment fees, within the first 14 days after the date of purchase. For licenses without the option of remote deactivate a signed confirmation of its destruction, software removal and no-use will be required. 

Electronic signatures and contracts: Your use of the Services include the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into via the Service or Biobam’s website, including notices of cancellation, policies, contracts, and applications.

Removal of content, functionality or other materials:  You acknowledge that some aspects of the Service and other BioBam products, and the administering of the Service entail the ongoing involvement of BioBam. Notwithstanding any other provision of this Agreement, BioBam reserves the right to change, suspend, remove, or disable access to any Service, functionality, content, or other materials comprising a part of the Service at any time upon reasonable notice. In no event will BioBam be liable for the removal of or disabling of access to any such Service, content or materials under this Agreement. BioBam may also impose limits on the use of or access to certain features or portions of the Service, in any case, and without notice or liability. Accordingly, in the event that BioBam changes any part of the Service or discontinues the Service, which BioBam may do at its election, you acknowledge that you may no longer be able to use the Service to the same extent as prior to such change or discontinuation, and that BioBam shall have no liability to you in such case.

Termination: BioBam reserves the right to modify, suspend, or discontinue access to the Service (or any part or content thereof) at any time upon reasonable notice or in exceptional occasions without notice to you, and BioBam will not be liable to you or to any third party should it exercise such rights. If you fail, or BioBam suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due if applicable, failure to provide a valid credit card at the moment of payment if applicable or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Terms of Service or any license to the software, or infringement or other violation of third parties rights, BioBam, at its sole discretion, upon reasonable notice may: (I) terminate this Agreement and/or your Account, and you will remain liable for any and all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).

No Responsibility for third-party materials or websites: Certain software, content, products, and services available via the Service may include materials from third parties. In addition, BioBam may provide links to certain third-party websites. You acknowledge and agree that BioBam is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. BioBam does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that BioBam is not in any way responsible for any such use by you.

Intellectual and Industrial Property: BioBam owns all the intellectual property rights, and has obtained and reserves the authorisations and licences required for exploiting these rights, over the domain name, the trademarks and distinctive symbols, the Services (including software, the source code, and any other works and/or inventions associated with the Service and the technology thereto associated). The contents of the software, including designs, applications, text, images and source code (hereinafter, the “Content’”), are protected by international intellectual and industrial proprietary rights. BioBam is the only owner of the Content and under no circumstances can the Content be used, reproduced, copied or transmitted in any way whatsoever without the prior and explicit writing permission of BioBam. BioBam hereby states that its personnel will not access, unless necessary for the correct control and maintenance of the Service, the contents uploaded on the Service or delivered to BioBam through whatever means or channel, for its use, exploitation, publication, translation, modification, distribution, public dissemination nor transformation.

Disclaimer of warranties and limitation of liability: BioBam does not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error-free, and you agree that from time to time BioBam may remove the service for indefinite periods of time, or cancel your Account in the Service at any time, upon reasonable notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. All services, products and content delivered to you are (except as expressly stated by BioBam) provided ”“as is” and ”“as available” for your use, without warranties of any kind, either expressed or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. In no case shall BioBam, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, BioBam’s liability shall be limited to the extent permitted by law. BioBam shall use reasonable efforts to protect information submitted by you in connection with the service, but you acknowledge and agree that your submission of such information is at your sole risk, and BioBam hereby disclaims any and all liability to you for any loss or liability relating to such information in any way. BioBam does not represent or guarantee that the Service will be free from error, loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and BioBam disclaims any liability relating thereto. You acknowledge and agree that (a) BioBam does not warrant in any way the contents, topicality and accuracy of information, output, timeliness and results obtained by the use of the Service, (b) the Service is inherently complex and you possess the requisite technical expertise to evaluate any information, output and results obtained from the use of the product and the assumptions underlying the same, (c) you shall bear sole responsibility for the selection of the Service and for determining that the Service is appropriate for your use; and (d) the Services are intended and designed to be used solely for research purposes and may not be used in connection with the diagnosis or treatment of diseases or other conditions. To the maximum extent permitted by law, BioBam hereby disclaims all warranties of any kind concerning the service, product, software, licensed programs, documentation and support including, without limitation, any implied warranty of non-infringement, merchantability or fitness for a particular purpose.

Terms and conditions for KEGG Add-Ons: If you are granted access to a KEGG Add-On as part of your subscription service, BioBam is authorized to provide you with KEGG Data upon your acceptance of the following terms and conditions. This will grant you non-exclusive and non-transferable rights to download, display, reproduce, use, or copy, in whole or in part and without possibility to market, sell, distribute, or sublicense, all KEGG Data made available via the add-on service and to be used only in the regular course of your own internal research or business. (2) You may use the KEGG Data obtained via the service only for the duration of the corresponding subscription duration. Upon the end of the corresponding subscription, you are required to destroys at your own cost and expense all KEGG data collections in your possession and immediately cease using it in any way. (3) You are entitled to incorporate portions of the KEGG data made available via the services into scientific papers that are published and released in the public domain or into public documents minimally required by law for patent applications or compliance purposes. (4) You agree to refrain from challenging or disputing at any time, during or after the term of this agreement, the ownership, intellectual property rights or agency of the Kanehisa Laboratories and of Pathway Solutions Inc. (5) You agree to waive all rights whatsoever to exercise against the Kanehisa Laboratories and Pathway Solutions Inc., whether regarding warranty, liability, or any other matter. (6) You agree that you will not be entitled to any support from Pathway Solutions Inc.

Liability: As permitted in accordance with applicable state law, and with respect to any claim or action arising out of the activities described or performed under this Agreement, the parties mutually agree that each will remain responsible for any and all liabilities, claims, damages, charges and expenses (collectively referred to as “liability”) incurred by reason of the negligence or willful misconduct of its employees, governing board members, faculty, agents or assigns arising from the activities under this Agreement; and that neither party shall by this Agreement transfer such liability to the other.

General compliance with laws: You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

Notices: BioBam may send you a notice with respect to the Service by sending an email message to the email address listed in your BioBam account contact information, or by a posting via the Services or BioBam’s website. Notices shall become effective immediately.

Changes: BioBam reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement. Any modifications, updates or additions to these terms of service will be notified upon the usage of the Service (e.g. login, software startup). Your continued use of the Service following the posting of the Additional Terms in the Terms of Service, which can be readily viewed at https://www.biobam.com/biobam-legal, will be deemed to constitute your acceptance of any and all such Additional Terms. 

Enforcement of these terms:  BioBam reserves the right to take steps BioBam believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BioBam’s right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party’s rights). You agree that BioBam has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as BioBam believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BioBam’s right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party’s rights).

Entire agreement: This Agreement governs your use of the Service, superseding any prior agreements between you and BioBam. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. BioBam’s failure to enforce any right or provisions in these this Agreement will not constitute a waiver of such provision or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. BioBam will not be responsible for failures to fulfil any obligations due to causes beyond its control.

Version: Nov. 2022