Genetix Terms of Service and End User License Agreement
Welcome, and thank you for your interest in Genetix Biotherapeutics (“Genetix,” “we,” or “us”) and our websites along with our related networks, applications, mobile application(s), portals and other services provided by us (collectively, the “Service”). The Terms of Service and End User License Agreement are a legally binding contract between you and Genetix regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND, BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE GENETIX PRIVACY POLICY (TOGETHER, THE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE.

 1. Agreement Overview. As provided in greater detail in these Terms (and without limiting the express language of the Terms below), you agree and acknowledge that these Terms include the following provisions:

1.1 ARBITRATION — disputes arising hereunder will be resolved by binding arbitration, and BY ACCEPTING THESE TERMS, YOU AND GENETIX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (As set forth in Section 17);

1.2 LICENSE — the Service is licensed, not sold to you, and you may use the Service only as set forth in these Terms. (As set forth in Section 6);

1.3 PRIVACY — you consent to the collection and use of certain of your personally identifiable information in accordance with the Genetix Privacy Policy [https://www.genetixbiotx.com/privacy-policy/] (As set forth in Section 18.2);

1.4 NO WARRANTY — the Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind and the liability of Genetix to you is limited. (As set forth in Sections 15 and 16);  

2. Genetix Service Overview. The Service includes platforms that allow users to request funding from Genetix, learn about and obtain updates on disease awareness, learn about Genetix products and services, and/or track the ordering and manufacturing of Genetix products. GENETIX AND THE SERVICE DO NOT PROVIDE ANY MEDICAL ADVICE OR OPINIONS, NOR DOES YOUR USE OF THE SERVICE ESTABLISH A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND GENETIX. ALL MATERIALS ON THE SERVICE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT SERVE AS A SUBSTITUTE FOR THE ADVICE OF A MEDICAL PROFESSIONAL.

3. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (i) you are at least 18 years old; (ii) you have not previously been suspended or removed from any part of the Service; and (iii) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

4. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at info@genetixbiotx.com.

5. Location Based Services. Some of the features of the Service may enable Genetix to access your location in order to tailor your experience with the Service based on your location (“Location-based Services”). In order to use certain Location-based Services, you must enable certain features of your mobile phone, which enable Genetix to identify your location through a variety of means, including GPS location, IP address, cell tower location, geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available. If you choose to disable any Location-based Services on your device, you will not be able to utilize certain features of the Service. By enabling Location-based Services, you agree and acknowledge that: (i) device data we collect from you is directly relevant to your use of the Service; (ii) Genetix may provide Location-based Services related to and based on your then-current location; and (iii) Genetix may use any such information collected in connection with provision of the Service.

6. Licenses

6.1 Limited License. Subject to your complete and ongoing compliance with all the Terms, Genetix grants you: (i) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install one copy of the mobile application(s) associated with the Service downloaded from a legitimate marketplace, and to use such mobile applications so installed, or that may have been pre-installed on your mobile device by the device manufacturer, in each case solely in object code format, and solely for your personal, non-commercial use for lawful purposes, on mobile devices that you own or control, (ii) permission to access and use our websites along with our related, networks, applications or mobile application(s),for your personal use, and (iii) permission to access and use our portals for their intended purpose. If you are using a part of the Service that, by its intended functionality, allows you to download informational content from the Service (“Informational Content”), then you are granted a limited, non-exclusive, non-transferable, non-sublicenseable license to download and use that Informational Content for your personal use only.

6.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (i) reproduce, distribute, publicly display, or publicly perform the Service; (ii) make modifications to the Service; or (iii) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. Further, you may not (a) distribute, reproduce, publicly display, or otherwise use the Informational Content for commercial purposes or (b) modify, edit, or create derivative works of the Informational Content (including by removing any name, trademark, or logo from the Informational Content for Genetix).

6.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Genetix an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

7. Ownership; Proprietary Rights. The Service is owned and operated by Genetix. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (including Informational Content) (“Materials”) provided by Genetix are protected by intellectual property and other laws. All Materials included in the Service are the property of Genetix or our third-party licensors. Except as expressly authorized by Genetix, you may not make use of the Materials. Genetix reserves all rights to the Materials not granted expressly in these Terms.

8. Third-Party Terms

8.1 Carrier Service. Your access to use the Service may be subject to separate third party terms of service and fees, including your mobile network operator’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility.

8.2 Third Party Services and Linked Websites. Genetix may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Genetix with an account on the third party service, such as X or Facebook, Instagram, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.

8.3 Open Source Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open Source Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining such Open Source Components under the applicable third-party licenses or to limit your use of such Open Source Components thereunder.

9. User Content

9.1 User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

9.2 Limited License Grant to Genetix. By posting or publishing User Content, you grant Genetix a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, subject to the intended functionality of the applicable part of the Service. For example, if you are submitting User Content as part of a grant application, then the foregoing license grants us a right to use that User Content for the purpose of evaluating your application (and not, for example, to post that User Content publicly). On the other hand, for example, if you are submitting User Content in a public forum, then the foregoing license grants us a right to post that User Content publicly.

9.3 Limited License Grant to Other Users. By posting or sharing User Content with other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

9.4 User Content Representations and Warranties. We expressly disclaim any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Genetix and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Genetix the Service, and these Terms; and
b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Genetix to violate any law or regulation.

9.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish,and will not be in any way responsible or liable for User Content. Genetix may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Genetix with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Genetix does not permit copyright-infringing activities on the Service.

9.6 Monitoring Content. Genetix does not control and does not have any obligation to monitor: (i) submitted content; (ii) any content made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that Genetix reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time, Genetix chooses, in its sole discretion, to monitor the content, Genetix nonetheless assumes no responsibility or liability for the content or any loss or damage of any kind incurred as a result of the use of such content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy: https://www.genetixbiotx.com/privacy-policy.

10. Prohibited Conduct. BY USING THE SERVICE YOU WILL NOT:
a. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
b. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
c. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
d. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
e. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
f. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
g. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7) or any right or ability to view, access, or use any Materials; or
h. attempt to do any of the acts described in this Section 10 or assist or permit any person in engaging in any of the acts described in this Section 10.

11. Digital Millennium Copyright Act

11.1 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:

Genetix Biotherapeutics, Inc.
ATTN: Legal Department (Copyright Notification)
455 Grand Union Boulevard
Somerville, MA 02145

Phone: 339-499-9300
Email: legaldepartment@genetixbiotx.com

Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply with elements of notification as described in 17 U.S.C. §512.

11.2 Repeat Infringers. Genetix will promptly terminate the accounts of users that are determined by Genetix to be repeat infringers.