Datomics Group | AI-enabled market intelligence platform for life sciences.

These Terms of Use (the "Terms") constitute a binding agreement between you and Datomics Group, LLC ("Datomics Group," "we," or "us") with respect to your access to or use of the Service (as defined herein). The Service is offered subject to your acceptance, without modification, of all terms and conditions set forth herein.

PLEASE READ THESE TERMS CAREFULLY. BY CLICKING "I ACCEPT", BY ACCESSING OR USING THE SERVICE OR ANY PORTION THEREOF IN ANY MANNER, OR BY PLACING ANY ORDER, YOU:

Acknowledge that you have read, understand, and agree to be bound by these Terms and by such other terms, conditions, policies, and documents that may be incorporated herein by reference, including, without limitation, the Datomics Group Privacy Policy (collectively, the "Agreement").
Affirm that you are at least 18 years of age (or have reached the age of majority in the jurisdiction where you reside).
If accepting this Agreement on behalf of a company or other organization, represent and warrant that you have the organizational and legal authority to accept this agreement on such company's or other organization's behalf and to bind such company or organization.

IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT ACCESS, USE, INSTALL, OR ORDER THE SERVICE (AS DEFINED BELOW).

ARBITRATION NOTICE: This Agreement requires the use of binding arbitration on an individual basis to resolve disputes rather than jury trials or class actions, in accordance with Section 22 below.

Datomics Group may refuse access to or use of the Service for noncompliance with any part of this Agreement. This Agreement is void where prohibited by law, and any rights to access or use the Service are revoked in such jurisdictions.

Definitions

"You" as used herein means the natural person or entity that has agreed to be bound by this Agreement, including: (i) an entity that subscribes to use the Service (a "Subscriber"); (ii) an individual employee or representative of a Subscriber who accesses the Service as an authorized user (an "Authorized User"); or (iii) an individual user that registers for personal use (an "Individual User").

The Service

Datomics Group operates (i) an online service through its website at https://datomicsgroup.com, including all features, content, tools, applications, APIs, and other services (the "Site"), and (ii) professional competitive intelligence and strategic advisory services (collectively, the "Service"). The Service includes a software platform and professional services designed to enable data-driven strategic and investment decision-making within the bioeconomy through comprehensive competitive intelligence, market analysis, and strategic advisory services.

Scope of Access

The scope of your access to the Service may be determined or limited by the Service Modules selected by you and identified on an order form that incorporates this Agreement (an "Order"). Datomics Group may choose not to accept Orders at its sole discretion. All Orders accepted by Datomics Group shall be subject to the terms and conditions of this Agreement unless otherwise specified in a separate written agreement.

Changes to the Agreement

Datomics Group reserves the right to modify or change this Agreement and its terms, as well as the fees and other amounts charged for the Service. We will provide notice of any material changes by posting the updated Agreement at the Site and sending an email notification to your account administrator(s).

If you object to any material changes, your sole remedy shall be to terminate this Agreement within 30 days of such notice by providing written notice to Datomics Group. By continuing to access or use the Service after the effective date of any changes, you agree to be bound by the updated Agreement.

Access to the Service

Service Modules

We may modify, terminate, or replace the Service or any Service Modules from time to time in our sole discretion and without prior notice. You should carefully review the scope and limitations of any Service Module prior to placing an Order.

Subscribers, Authorized Users, and Individual Users

Subject to your compliance with this Agreement, Datomics Group will provide access to and use of the Service in accordance with the Service Modules ordered and during your paid-up subscription period as set forth in the Order.

Limitations

The rights granted are non-exclusive, non-transferable (except as specified in Section 23), non-sublicensable, and revocable. Datomics Group may suspend or terminate your access to the Service if we reasonably determine that you have violated any term of this Agreement.

Subscribers will be liable for any violation of this Agreement by their Authorized Users. Individual Users shall be liable for their own violations.

Access Management

Subscribers are responsible for determining the scope and level of each Authorized User's access to the Service. Subscribers may revoke or limit access at any time. User Accounts shall not be shared, and each seat provided under an Order Form shall only be associated with one Authorized User at a time.

Service Suspension

Datomics Group may temporarily suspend access to the Services if:

There is a threat or attack on our systems
Your use disrupts or poses a security risk to our systems or other customers
You are using the Service for fraudulent or illegal activities
You have ceased business operations or become subject to bankruptcy proceedings
Our provision of Services is prohibited by applicable law
A third-party vendor has suspended services required to provide the Service

User Accounts

In order to access the Service, you may be required to establish a user account (a "User Account"). You must provide true, accurate, current, and complete information and keep it up to date.

You are responsible and liable for all activities conducted through your User Account. You must maintain the confidentiality of your user IDs, passwords, and other credentials, and immediately notify Datomics Group of any actual or suspected unauthorized access.

You will cooperate fully with Datomics Group and take all actions reasonably deemed necessary to maintain or enhance the security of the Service.

Restrictions

You shall not and shall not attempt to (and Subscribers shall ensure their Authorized Users do not):

Share seats or User Accounts between two or more individuals
Copy, modify, or create derivative works of the Service
Rent, lease, sell, license, sublicense, assign, distribute, or transfer the Service to any third party
Reverse engineer, disassemble, or decompile the Service
Remove any proprietary notices from the Service
Breach, disable, or tamper with any security measures
Access the Service via bots, web crawlers, or undocumented APIs
Use published APIs in a manner inconsistent with their intended purpose
Misrepresent your identity or stalk or harass other users
Use the Service for unlawful purposes or for benchmarking or competitive purposes
Use the Service in any manner that infringes intellectual property rights or violates applicable law

User Obligations

You are responsible for your use of the Service and compliance with this Agreement. You agree to comply with all applicable laws and regulations with respect to your access to or use of the Service, including those pertaining to privacy, data security, and publicity.

Technical Requirements

Your access to and use of the Service is dependent upon telecommunications and Internet services. Datomics Group is not responsible for acquiring or maintaining any telecommunications or Internet services or other hardware or software you may need to access the Service, or for any related costs, fees, expenses, or taxes.

Term and Termination

This Agreement begins when you first access or use the Service and will continue for the term specified in your Order Form. Your subscription will automatically renew for additional terms of the same length unless either party provides notice of non-renewal at least 30 days before the end of the current term.

Datomics Group may suspend or terminate your access if:

You fail to pay any amount when due and such failure continues for 30 days after written notice
You breach any material term and such breach remains unfixed for 30 days after written notice
You become subject to bankruptcy or insolvency proceedings

Upon termination, you must stop using the Service and pay any outstanding charges. Terms that by their nature extend beyond termination will survive, including payment obligations and confidentiality requirements.

Service Fees and Other Charges

Payment

You will pay the fees ("Fees") for the Service as listed on your Order Form. We reserve the right to adjust Fees at the beginning of each Renewal Term with 30 days advance written notice. If you object to such fee adjustment, your sole remedy is to terminate this Agreement before the Renewal Term begins.

Unless otherwise specified, you agree to authorize charges for the full amount of Fees upon subscribing. If an Order Form applies, full payment must be received within the timeframe specified (or within 30 days if not specified). Failure to timely pay is a material breach and could result in suspension or termination.

Trials

We may offer free or discounted trials of the Service. We reserve the right to determine eligibility and modify trial availability at any time. Upon expiration of any trial period, your access will cease or transition to a paid subscription according to your Order.

Subscription Fees

All subscription fees are non-refundable (except as specifically set forth below).

Renewal Terms

Your subscription will automatically renew for additional terms of the same length unless you provide notice of non-renewal 30 days prior to the end of the current term or unless otherwise stated in an Order.

IMPORTANT: You must cancel your subscription within 15 calendar days of any renewal to be eligible for any return of subscription fees for the then-current renewal subscription. Any subscriptions not canceled within such 15-day grace period shall not be eligible for any return of fees.

Cancellation

You may cancel your subscription at any time; however, cancellation shall not become effective until the expiration of your then-current subscription term. You will continue to have access to the Service for the remainder of the then-current subscription term.

Datomics Group does not provide refunds or credits for partially used subscription terms (except as expressly set forth above).

To cancel your subscription, send a written cancellation request via email to support@datomicsgroup.com and include the phrase "CANCEL SUBSCRIPTION" in the subject line.

Taxes

The Fees specified are exclusive of taxes, duties, levies, tariffs, and other governmental charges (collectively, "Taxes"). You shall be responsible for payment of all Taxes and any related interest and/or penalties, other than taxes based on Datomics Group's net income.

Electronic Communication

By accepting this Agreement, you consent that Datomics Group can communicate with you by phone or electronically via in-app messages, texts, emails, or any other suitable form of electronic communication ("Messages").

You consent to receiving Messages related to the Service such as access, quality of service, and availability
You consent to receiving ancillary Messages such as new product announcements, recommendations, and promotions
Datomics Group can contact you at any time regarding the Service
Datomics Group can employ automated means and/or third-party messaging services

You can revoke consent to promotional Messages at any time by clicking "Unsubscribe" in any promotional email or by contacting support@datomicsgroup.com. You are responsible for keeping your contact information up to date.

Privacy

All information collected by Datomics Group is subject to our Privacy Policy. By accessing or using the Service, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

Confidential Information

During the term, either party may disclose information about its business affairs, products, confidential intellectual property, trade secrets, and other sensitive or proprietary information (collectively, "Confidential Information").

Confidential Information does not include information that:

Is in the public domain at the time of disclosure
Is known to the receiving party at the time of disclosure
Is rightfully obtained from a third party on a non-confidential basis
Is independently developed by the receiving party

The receiving party shall not disclose Confidential Information except to employees with a need to know. Non-disclosure obligations expire five years from disclosure, except for trade secrets which remain protected as long as they qualify for trade secret protection under applicable law.

Intellectual Property

Datomics Group Intellectual Property

As between you and Datomics Group, the Service, Site, and all software and other technologies embodied in or used to provide the same, and all intellectual property rights therein, are and shall remain the exclusive property of Datomics Group or its licensors.

Feedback

To the extent you provide suggestions, feature requests, evaluation results, feedback, or other input (collectively, "Feedback"), you assign to Datomics Group all right, title, and interest in such Feedback. Datomics Group will be free to use such Feedback without compensation or obligation to you.

Publicity

Subject to your prior written approval (which shall not be unreasonably withheld), Datomics Group may: (i) display your name and logo on our website and marketing materials to identify you as a client; and (ii) use any written testimonials or comments you voluntarily provide. You may revoke such approval for future use upon written notice.

Third Party Applications

The Service may contain links to or allow access to third-party applications and services ("Third Party Services") not owned or controlled by Datomics Group. We encourage you to read the terms and conditions and privacy policy of each third-party service you access.

Datomics Group has no control over and assumes no responsibility for the content, accuracy, terms, or practices of any Third Party Services. We are not responsible for such third parties or their products or services. Any activities with Third Party Services are solely between you and the applicable third party.

Representations and Warranties

Your Representations

You represent, warrant, and covenant that:

You are authorized to use the Service
You are authorized to access the data made available through the Service
If you are a Subscriber or Authorized User, you are acquiring access for business purposes and any statutory consumer guarantees or legislation intended to protect non-business consumers does not apply (to the maximum extent permitted by law)

Other Terms

You also agree and acknowledge that:

It is solely your responsibility to determine that the Service meets your needs and is suitable for your purposes
While the Service is primarily designed for use within the United States, it may be accessed globally subject to applicable laws. If you access from any location, you are responsible for compliance with all applicable local laws

Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind. Datomics Group hereby disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, quality, title, and non-infringement.

Neither Datomics Group nor any person associated with Datomics Group makes any representation or warranty with respect to the completeness, security, reliability, quality, accuracy, or availability of the Service.

You assume all risk in connection with your use of, interpretation of, and reliance on the Service and all content and results generated thereby.

Datomics Group cannot and does not control actions of any user. You acknowledge that Datomics Group is not responsible for and shall not be liable for any acts or omissions of any third-party service provider or any user of the Site or Service.

All content made available through the Service is for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of any content. Any reliance you place on such content is strictly at your own risk.

Indemnity

You agree to indemnify, defend, and hold Datomics Group and its officers, directors, employees, agents, licensors, and service providers harmless from any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from your access to and use of the Service and Site, or any violation of this Agreement or applicable law. We reserve the right to assume exclusive defense and control of any action subject to indemnification by you.

Limitation of Liability

To the maximum extent permitted by law, in no event will Datomics Group or its officers, directors, employees, agents, licensors, or service providers be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to your access to, use of, or inability to access or use the Service or Site, including but not limited to loss of revenue, loss of profits, loss of business, loss of use, or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

If Datomics Group is found liable, in no event will our aggregate liability exceed the total amount of fees paid by you to Datomics Group in the six (6) month period preceding the event first giving rise to any claim.

If you are not satisfied with the Service, your sole and exclusive remedy is to cancel your subscription (if applicable) and cease all use of the Service.

Digital Millennium Copyright Act

Datomics Group is committed to respecting and protecting the legal rights of copyright owners in accordance with the Digital Millennium Copyright Act. If you believe any content infringes your intellectual property rights, please submit a DMCA Takedown Notice with the following information:

A physical or electronic signature of a person authorized to act on behalf of the copyright owner
Identification of the copyrighted work claimed to have been infringed
Identification of the material claimed to be infringing and information sufficient to locate the material
Information sufficient to contact you (address, telephone number, email address)
A statement that you have a good faith belief that use of the material is not authorized
A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner

DMCA Takedown Notices should be sent to: legal@datomicsgroup.com

Help Desk

If you encounter technical problems when using the Service, please email support@datomicsgroup.com.

Arbitration; Jury Waiver; Class Action Waiver

Please read this section carefully. It impacts the rights that you may otherwise have. It provides for resolution of most disputes through individual arbitration instead of trial courts and class actions. This section survives any expiration or termination of these Terms.

Informal Dispute Resolution

As a condition precedent to initiating arbitration or other action, both parties agree to the following: In the event of any controversy, claim, action, or dispute arising out of or related to the Site, Service, or this Agreement ("Claim"), the asserting party must first try in good faith to settle such Claim by providing written notice by first class or registered mail to the other party.

Notices must be sent:

If to Datomics Group: to 4248 Rickeys Way Unit K, Palo Alto, CA 94306 with a copy emailed to legal@datomicsgroup.com
If to you: to your last-used billing address or email address in your User Account

Arbitration

To the extent you cannot resolve any Claim through informal dispute resolution, a Claim must be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement.

Arbitration will be conducted by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules, as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling (800) 778-7879.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. An arbitrator may award any relief that would be available in a court. Any arbitration shall be confidential.

Small Claims Court Exception

Notwithstanding the above, either party may bring any individual claim in small claims court consistent with jurisdictional and dollar limits, if it is brought and maintained as an individual claim.

Class Action and Jury Waiver

You and Datomics Group each agree that any proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court or arbitrator determines this class action waiver is unenforceable, the arbitration agreement will be void as to you.

If for any reason a Claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

Any cause of action or claim must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action or claim is permanently barred.

Miscellaneous

Service Availability

The Site and/or Service may be temporarily unavailable due to maintenance or other development activities. Datomics Group will use commercially reasonable efforts to provide advance notice but shall not have any liability for any planned or unplanned unavailability or downtime.

Force Majeure

Datomics Group shall not be liable for any failure or delay in performing its obligations if caused by circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, pandemic, war, terrorism, riots, strikes, or government action.

Assignment

You may not assign or transfer any rights without Datomics Group's prior written consent; provided that you may assign this Agreement in connection with a merger, consolidation, sale of substantially all assets, corporate reorganization, or to any entity under common control. Datomics Group may freely assign this Agreement without your consent.

Governing Law and Venue

This Agreement is governed by the internal laws of the State of California without giving effect to any conflict of law provisions. Any legal suit, action, or proceeding shall be instituted exclusively in the federal or state courts located in San Francisco, California, and each party irrevocably submits to the exclusive jurisdiction of such courts.

Notices

Any notice under this Agreement must be in writing and sent by email, and will be deemed given upon transmission. Notices to Datomics Group must be sent to legal@datomicsgroup.com. Notices to you will be sent to the email address associated with your User Account.

Severability and Waiver

If any provision is held invalid or unenforceable, that provision shall be replaced with a provision that accomplishes the original purpose, and the remainder will continue in full force. Our failure to enforce any right or provision will not constitute a waiver. No waiver will be effective unless made in writing.

Entire Agreement

These Terms, together with any Order and the Privacy Policy, constitute the sole and entire agreement between you and Datomics Group with respect to the subject matter hereof, and supersede all prior agreements, representations, and understandings.

Contact Information

For more information or other questions, please contact our customer support team by email at support@datomicsgroup.com.

If you are a resident of California, you may report a complaint to the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs by telephone at (800) 952-5210 or by mail at 400 R Street, Sacramento, CA 95814, United States.