Terms and conditions of sales

Last Updated:
August 23, 2021

1. Definitions

a) “Myota” is the short name for Myota GmbH, whose principal place of business is at 13 Rosenthaler Straße, 10119 Berlin, Germany.

b) “myota” is a service provided by Myota consisting of features including, but not limited to, analysis of a customer’s microbiome and formulation of dietary fiber mixes.

c) “Microbiome Data” means any data collected from a customer about their microbiome, which can include microbial DNA sequencing from a stool sample, or analysis of microbial biomarkers relating to bacterial fermentation of dietary fibers.  These data do not include any human genomic data whatsoever.

d) “Myota Research” means scientific research that Myota performs with the intent of periodically publishing peer-reviewed scientific journals. If Myota uses Microbiome Data and Self-Reported Information from users, it will only do so with their explicit permission and after having obtained their informed consent.

e) “Product Development” means research performed for the purpose of new product development and new product development activities performed by Myota on coded, de-identified user data. 

f) “Service” or “Services” means all products and services provided by Myota, including myota products, software, kit, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless of whether the use is in connection with an account or not.

g) “Personal Information” is information that can be used to identify you, either alone or in combination with other information. Myota collects and stores the following types of Personal Information upon user registration: name, address, telephone number.

h) “Self-Reported Information” is all information you tell us about yourself.  This may include your health-related information, personal traits, and other information that you enter into surveys, forms, or features while using any of the Services provided.  

i) “Aggregated Data” is the combination of coded, de-identified Microbiome Data and Self-Reported Information and any other de-identified data that you provide us with.

j) “User Content” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials other than Microbiome Data and Self-Reported Information, that may be generated by users of the Services and may be shared or transmitted, publicly or privately, by these same users.  User content may apply to information shared by the users on our website or in other fora.

2. Acceptance of Terms

Your use of the Services (excluding any other services that may be provided by Myota under a separate agreement) is subject to the terms of the legal agreement between you and Myota set forth in these Terms of Service (“TOS”). Except as specified here in these TOS apply to any use of the Services, including but not limited to

a) Submitting a stool sample for sequencing of its Microbiome Data;

b) Uploading a digital version of your Fermentation Capability and Self-Reported Information, as well as interacting with it on our website.

In order to use the 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,

(1) where this option is made available to you by our website; or by

(2) actually using the Services. In this case, you acknowledge and agree that Myota will treat your use of theServices as acceptance of the TOS from that point onwards.

In addition, when using a particular Myota Service, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. Myota may also offer other services from time to time that are governed by different terms of service.

3. Description of the Services

Services include access to our public website and personal services, including the collection and analysis of your stool sample and providing you with personalized fiber mixes. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the TOS.

You acknowledge and agree that the Services provided are based on the current state of the art of gut microbiome research and technology in use by Myota and its Service myota at the time of the purchase or viewing.

As research progresses and scientific knowledge and technology evolve, Myota is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Myota may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at Myota’ sole discretion, without prior notice to you.

You may stop using the Services at any time. You do not need to specifically inform Myota when you stop using the Services unless you are requesting closure of your account. Myota assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.

4. User Representations

By accessing the Services, you agree to, acknowledge, and represent as follows:

  1.  You understand that information you learn from the Services is not intended to diagnose, treat or prevent any condition or disease indication to determine the state of your health. You understand that the Services are intended for informational and educational purposes only.  In addition, you understand that Aggregated Data may be used for research purposes. You acknowledge that Myota urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your Aggregated Data or use of our Services.
  2. You give permission to Myota, its contractors, and successors to perform analyses on your stool sample, including extracting Microbiome Data, and you specifically request Myota and its Services to disclose the results of analyses performed on your stool to you and to others you specifically authorize.
  1. You represent that you are eighteen (18) years of age or older if you are providing the stool sample or accessing your Aggregated Data.
  2. You are guaranteeing that any stool sample you provide is your stool; if you are agreeing to these TOS on behalf of a person for whom you are acting as legal guardian, or from whom you have power of attorney, you are confirming that the sample provided will be the sample of that person.
  3. If you are a customer outside the EU/EFTA providing a stool sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside.
  4. You agree that any stool sample you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
  5. You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
  6. You take responsibility for all possible consequences resulting from your sharing access with others to your Aggregated Data.
  7. You understand that all your Personal Information will be stored in encrypted Myota databases and will be processed in accordance with our GDPR compliant privacy policy.
  8. Waiver of Property Rights: You understand that by using any of our Services, you acquire no rights in any research or commercial products that may be developed by Myota or its collaborating partners. You     specifically understand that you will not receive compensation for any research or commercial products that include or result from your Aggregated Information.

 

You agree, under the laws applicable where you reside, that you have the legal authority to provide these representations. In the event of a breach of any of these representations, Myota has the right to terminate or suspend your account and refuse any and all current or future use of the Services (or any portion thereof) and you will indemnify and defend Myota and its affiliates against any liability, costs, or damages arising from the breach.

5. Account Creation, Customer Account, and Security Obligations

In the context of your using the Services, you agree to:

(a) provide accurate and complete Registration Information about yourself; and

(b) maintain and promptly update the Registration Information in the event of changes or to maintain accuracy and completeness.

Upon purchasing our Service, you will be prompted to create an account and associated password. You are solely responsible for preserving the secrecy of the password and confidentiality of the account, and are fully responsible for all activities that occur under your account.

If you allow third parties to access our website through your username and password, you will indemnify and defend Myota and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by any parties based upon or relating to such access and use.

You agree to (a) immediately notify Myota of any unauthorized use of your account or password or any other breach of security, and (b) ensure that you sign out from your account at the end of each session. Myota cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

6. Privacy Policy and Disclosure of Information

Myota is fully committed to complying with theGDPR framework of the European Commission and ensuring robust data privacy andsecurity protections to our customers.

  • In 2016 the European Commission approved and adopted the General Data Protection Regulation (GDPR), a new framework for European data protection law. The GDPR is effective as of May 25, 2018, and applies to companies that process Personal Information of individuals in the EU. The GDPR strengthens the rights these individuals have regarding Personal Information relating to them, and seeks to unify data protection laws across Europe, regardless of where data is processed.
  • The GDPR is a new European data protection law which replaces the existing EU data protection regime under Directive 95/46/EC. The GDPR sets out provisions intended to harmonize data protection laws throughout the EU by applying a single data protection law that is binding throughout all Member States. The GDPR is effective as of May 25, 2018.

 

Our compliance to the GDPR applies to all services of Myota, including myota, that process the Personal Information of all our customers through services offered to them, regardless of whether they physically reside in the EU or not.

To use the Services, you must first acknowledge and agree to the Data Policy. You may not use the Services if you do not accept the Data Policy.

You can acknowledge and agree to the Data Policy by (1)clicking to accept or agree to the TOS, where this option is made available to you by Myota for any Service; or by (2) actually using theServices.

Myota may also include your information inAggregated Data shared with or disclosed to third-party non-profit and/or commercial research partners.

Vesta Research may be sponsored by, conducted on behalf of, or in collaboration with third parties, such as non-profit foundations, academic institutions or pharmaceutical companies.

Further, you acknowledge and agree that Myota is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

(a) comply with legal process (such as a court order, warrant, judicial proceeding, or government inquiry) or obligations that Myota may have in relation to any relevant professional, ethical, legal rules, laws, and regulations;

(b) enforce this TOS;

(c) respond to claims that any content violates the rights of third parties; or

(d) protect the rights, property, or personal safety of Myota, its employees, its clients, its users, and the general public.

In such a case, we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order.

You understand that the technical processing and transmission of the Services, including your Personal Information, may involve

(a) transmission of the encrypted data between multiple servers; and

(b) changes to conform and adapt to technical requirements of connected servers or IT infrastructure.

Finally, Myota may, in its sole discretion, restrict access to the website for any reason.

Please refer to our Privacy Policy to read about data protection related to your information. See our complete Policy Policy here.

7. User Responsibility

You acknowledge that all User Content is the sole responsibility of the originator of such User Content, whether publicly posted or privately transmitted. This means that you, and not Myota, are entirely responsible for all User Content that you generate and upload, post, email, or otherwise transmit via the Service or on public networks.

You acknowledge that the content presented to you as part of the Services, whether original content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by Myota.

8. Material Provided to Myota - Your Proprietary Rights

User Content. Myota does not claim ownership of the User Content you provide tous (including feedback and suggestions) or post, upload, input, 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, post, or display on or through the Services.

Aggregated Data Disclosure of individual-level Aggregated Data to third parties will not occur without explicit consent, unless required by law.

Note that Myota cannot control the redistribution of Aggregated Data that you share publicly. You acknowledge and agree that Myota has no obligation to enforce those rights and that protection and enforcement of those rights is your sole responsibility.

Once we receive your stool sample, it will be processed in an irreversible manner and cannot be returned to you.

You understand that you should not expect any financial benefit from Myota as a result of having your Microbiome Data generated and analyzed; made available to you; or, as provided in our DataPolicy and Terms of Service, shared with or included in Aggregated Data shared with research partners, including commercial partners.

Waiver of Property Rights. As stated above, you understand that by providing any sample, having your Microbiome Data generated and analyzed, or providing Self-Reported Information, you acquire no rights in any research or commercial products that Myota or its collaborating partners may develop.

You specifically understand that you will not receive financial or any other form of compensation for any research or commercial products that may include or result from your Aggregated Data.

9. Indemnity

You agree to defend and hold Myota, and its partners, subsidiaries, officers, affiliates, agents, employees, successors, contractors, from any demand or claim, including reasonable legal fees, made by any third party due to or arising from the use of User Content you submit or transmit publicly; your use of or connection to the Service; your violation of the TOS; or your violation of any rights of another.

In addition, if you choose to provide your Microbiome Data and/or Self-Reported Information to third parties – whether individuals to whom you intentionally or inadvertently facilitate access, or to third parties contracted for diagnostic or other purposes – you agree to defend and hold harmless Myota, its contractors, successors, employees, and assigns from any and all liability arising from such disclosure or use of Aggregated Data.

10. No Resale of Services

You agree to defend and hold Myota, and its partners, subsidiaries, officers, affiliates, agents, employees, successors, contractors, from any demand or claim, including reasonable legal fees, made by any third party due to or arising from the use of User Content you submit or transmit publicly; your use of or connection to the Service; your violation of the TOS; or your violation of any rights of another.

In addition, if you choose to provide your Microbiome Data and/or Self-Reported Information to third parties – whether individuals to whom you intentionally or inadvertently facilitate access, or to third parties contracted for diagnostic or other purposes – you agree to defend and hold harmless Myota, its contractors, successors, employees, and assigns from any and all liability arising from such disclosure or use of AggregatedData.

11. General Practices Regarding Use and Storage

You acknowledge and agree that Myota has no liability or responsibility for the failure to store or deletion of any communications, messages, or content maintained or transmitted by the Services; or for the loss of Aggregated Data due to the destruction or malfunction of data servers or other catastrophic events. You further acknowledge that Myota reserves the right to modify in its sole discretion these general practices.

Your Aggregated Data will be stored in Switzerland on encrypted servers for a duration of 5 years.

12. Modifications to Service

You acknowledge and agree that Myota has no liability or responsibility for the failure to store or deletion of any communications, messages, or content maintained or transmitted by the Services; or for the loss of Aggregated Data due to the destruction or malfunction of data servers or other catastrophic events. You further acknowledge that VestaBiosciences reserves the right to modify in its sole discretion these general practices.

Your Aggregated Data will be stored in Switzerland on encrypted servers for a duration of 5 years.

13. Termination

The TOS will continue to apply until terminated by either you or Myota as set out in this Section.

If you want to terminate your legal agreement with the Services, you may do so by notifying Myota at any time in writing. This will result in Myota closing your accounts for all the relevant Services. Your notice should be sent, in writing, to Myota’s address, which is set out at the beginning of this document.

Myota may at any time, terminate its legal agreement with you (and in conjunction therewith, any associated account information) if: (1) you have breached any provision of the TOS; (2) Myota is required to do so by law; (3) the partner with whom Myota has collaborated to offer you the Services has terminated its relationship with Myota.

Any suspected abusive, fraudulent, or illegal activity maybe referred to appropriate law enforcement authorities. You acknowledge and agree that Myota shall not be liable to you or any third party for any termination of your access to the Services.

14. Survival of Terms

When the legal agreement between you and Myota (i.e. the TOS) come to an end, all of the legal rights, liabilities, and obligations that you and Myota have benefitted from, been subject to, or which are expressed to apply indefinitely, shall be unaffected by this cessation, and the provision of sections 1.(Definitions); 2.(Acceptance ofTerms); 3.(Description of the Services); 4.(User Representations); 5.(AccountCreation, Customer Account, and Security Obligations); 6.(Privacy Policy andDisclosure of Information); 7.(User Responsibility); 8.(Material Provided toVesta Biosciences – Your Proprietary Rights); 9.(Indemnity); 10.(No Resale ofServices); 11.(General Practices Regarding Use and Storage); 12.(Modifications toService); 13.(Termination); 14.(Survival of Terms) shall continue to apply to such obligations, rights and liabilities indefinitely.

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