Terms of Service

TERMS OF SERVICE
Last updated: December 27, 2023

Greetings and thank you for your interest in U2Biome Bebe! We provide gut microbiome analysis and probiotics specifically designed for babies. The microorganisms passed from mother to baby during birth play a crucial role in immune system development. We are glad to offer an uncomplicated sample collection procedure, a substantial amount of data, and personalized recommendation for gaining deeper insights into the microbiomes of your baby.

OVERVIEW
U2Biome Bebe, (“U2Biome Bebe”, “we”, “us”, and “our”) refers to U2Bio Co., Ltd. We collaborate with third-party healthcare providers ("Providers") to facilitate your access to their testing and analysis services ("Services") via our online website ("Site"). These Analysis Testing Terms and Conditions (“Terms of Service” or “Terms”) govern your use of the Site to receive Services from Providers. These Terms of Service are applicable to all individuals accessing the Site. It is important to note that each Provider may have additional terms related to the Services they provide. Please review such additional terms before enrolling in Services with a particular Provider.

Please review these Terms of Service thoroughly. By accessing or using any part of the information, tools, and/or services provided by us, you agree to be bound by all the terms, conditions, policies, and notices stated herein. If you do not consent to all these Terms, please refrain from using the Service.
Any additional features or tools introduced to the existing service will also be governed by the Terms. The latest version of the Terms of Service is accessible on the data collection questionnaire form and our Site, and as such it is advisable to review them regularly. We reserve the right to update, modify, or substitute any section of these Terms of Service by publishing updates or changes on our Site. It is your responsibility to periodically check our Site for changes and your continued use of our Services constitutes your acceptance of all updates, modifications and/or substitutions.

Our store operates on both Amazon.com and Shopify. They provide us with the online e-commerce marketplace that allows us to sell our products and services to you.

DEFINITIONS
A. “U2Biome Solution,” “U2Biome,” “U2Biome Bebe,” the “Company,” “U2Bio,” “us,” “our,” and “we,” all refer to U2Bio Co., Ltd, a South Korean corporation doing business as U2Biome.
B. “You”, “your”, “yourself,” and “User” refers to you, as an individual, plus any entity, individual, and/or organization on whose behalf you are acting in connection with our Services (defined below).
C. “Party” refers to You and U2Biome individually, and “Parties” refers to You and U2Biome collectively.
D. “Affiliate(s)” refer to U2Biome’s executives, employees, officers, directors, partners, joint ventures, parents, subsidiaries, successors, assigns, and any controlling and/or acquiring entity and each of their respective affiliates.
E. “Kit(s)” refer to any and all specimen collection kits that U2Biome sends its users for the collection of stool samples, as intended for analysis by U2Biome.
F. “Sample(s)” refer to the stool samples provided by U2Biome’s users, for U2Biome’s analysis, in connection with the Kits.
G. “Analysis Results” refer to the results of any and all Sample analyses and any documents, information, materials, and content thereto relating.
H. “Product(s)” refer to any and all products offered for sale and/or use in connection with our Services.
I. i. “Services” refer to any and all services arising out of and/or relating to U2Biome. Our Services include, without limitation: (a) specimen collection (including without limitation the sending and receipt of Kits, as well as instructions thereto relating), (b) microbe DNA extraction and analysis, (c) creating and furnishing a detailed Analysis Report, and (d) offering consultations and personalized information regarding the user, the user’s baby, and/or the Analysis Report. Our Services further include, without limitation, our software applications, text and SMS messages, websites, emails, social media accounts, and U2Biome Content. NEITHER U2BIOME NOR OUR AFFILIATES PROVIDES ANY MEDICAL ADVICE, CARE, OR OPINIONS IN CONNECTION WITH OUR SERVICES, AND YOUR USE OF OUR SERVICES DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP WITH U2BIOME OR OUR AFFILIATES.
J. “Content” refers to any and all code, content, material, and other intellectual property available through our Services in various formats (e.g. as code, data, text, images, multimedia content, designs, graphics, illustrations, photographs, posters and banners, messages, videos, visual interfaces, and software applications), excluding specifically your Personal Information, Payment Information, SI, and User Content.
K. “Personal Information” refers to any information that – by itself or in conjunction with other information – identifies, describes, is associated with, or could reasonably be linked to a particular individual or household (e.g. name, street address, mailing/billing address, phone number, your personal or work email).
L. “Sensitive Information” refers to any information, other than Personal Information, relating to an individual’s personal background (e.g. age, height/weight, race/ethnicity), health background (e.g. medical history and related data, blood type, current health conditions/symptoms), Sample, and/or Analysis Results.

USER GUIDELINES AND ACCEPTABLE USES
All instructions for use of our Services must be read thoroughly and followed carefully. Please also use our Services informedly and cautiously.
1. Our Services are exclusively for informational and educational purposes.
     A. We aim to assist you in gaining insights into your baby, but it's important to note that we do not provide medical care. Our Services, along with all materials, information, data, and content associated with them, are intended strictly for informational and educational purposes. Our Services and Products have not been evaluated by the United States Food and Drug Administration (FDA). You explicitly acknowledge and agree that our Services do not constitute or intend to offer medical advice or services related to diagnosis, treatment, prevention, or cure.
     B. U2Biome Bebe offers these Services to facilitate more informed decision-making concerning the health and well-being of both mother and baby. Nevertheless, you acknowledge and accept that all final decisions are your responsibility. We therefore strongly advise you to seek guidance from your own qualified healthcare professional to review and comprehend any data and/or information we provide. Any documents, information, and/or recommendations provided by us, our Affiliates, and/or third-party partners based on information you provide (e.g., Personal Information, survey, or questionnaire responses) are acknowledged by you as being for informational and educational purposes only and not a substitute for detailed discussions with your healthcare professional.
     C. Our Services do not replace medical care. You commit to not delaying seeking care or disregarding the advice of a qualified medical professional based on your use of our Services.
     D. Your use of our Services, along with the materials, data, content, and information received from our Services, and/or our Providers, is at your own risk. U2Biome Bebe disclaims all liability and responsibility for any reliance placed on our Services and any data and/or information received in connection with our Services, including analysis results. You should not depend on our Services as a substitute for the advice and/or care of a medical professional.
2. Managing expectations regarding analysis results is crucial.
     A. While we aim to provide desired analysis results, you acknowledge the possibility of receiving unexpected or unwelcome data and/or information from U2Biome Bebe. Not all users will receive the analysis results they anticipated, and some may encounter life-altering information unexpectedly. It is acknowledged that feeling some anxiety about your baby’s analysis results is common.
     B. While U2Biome Bebe aims for complete and accurate analysis results, you acknowledge and accept that some part of our samples may yield incomplete or inaccurate analysis results. Factors such as one's present physical condition, diet, sample size and integrity, kit storage and transportation, and sample collection practices can impact analysis results. You also acknowledge and accept that: (1) microbe DNA testing is a relatively new science; (2) research and knowledge around genetics and microbiology are rapidly expanding; and (3) as a result, future scientific findings may alter the interpretation and/or understanding of any data and/or information obtained through our Services, including analysis results and related documents and information.

PROHIBITED BEHAVIORS AND ACTIVITIES
As a user of our Services, you are prohibited from using our Services in the following ways:
1. Make improper use of our support services or submit false reports of abuse or misconduct.
2. Attempt to impersonate another user or person.
3. Use any information obtained from the Services to harass, abuse, or harm another person.
4. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
5. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.
6. Delete the copyright or other proprietary rights notice from any Content.
7. Use the Site in a manner inconsistent with any applicable laws or regulations.
8. Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
9. Not to replicate, duplicate, copy, sell, exploit, or engage in any unauthorized use of any part of the Services, its usage, or access, including any contact on the Site through which the service is provided, without obtaining explicit written permission from us.
10. We also reserve the right to deny providing service to anyone at our discretion, without specifying a reason at any time.

MODIFICATIONS TO THE SERVICE AND PRICES
We cannot ensure the continuous availability of the Services and the Site. Technical issues, maintenance requirements, or other factors may lead to interruptions, delays, or errors. We retain the right to change, revise, update, suspend, discontinue, or otherwise modify the Services and the Site at any time and for any reason without prior notice to you. You acknowledge that we bear no liability for any loss, damage, or inconvenience resulting from your inability to access or use the Services or the Site or during any downtime or discontinuance.
We maintain the right to alter, modify, or terminate our Services, or any part of it, without advance notice. Additionally, we reserve the right to modify or discontinue all or part of the Site without prior notice. Your use of the Services is acknowledgment that we are not liable to you or any third party for any modifications, price changes, suspensions, or discontinuance of the Services or the Site.

CORRECTIONS
From time to time, there may be information in our Services or on the Site that includes typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping fee, delivery time, and availability. We retain the right to amend any errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any information in our Services or on any associated website is found to be inaccurate at any time, without prior notice.

We do not commit to updating, amending, or clarifying information in the Services or on any related website, including pricing information, unless required by law. The absence of a specified update or refresh date in the Services or on any related website should not be construed to mean that all information in the Services or on any related website has been altered or updated.

USER CONTRIBUTIONS
Our Site does not enable users to submit or post content. However, you acknowledge and consent that any ideas, suggestions, comments, feedback, photos, and other materials or content you submit to U2Biome Bebe in connection with our Services ("Contributions") are not confidential and will become our exclusive property. U2Biome Bebe reserves the exclusive right to create derivative works and/or engage in commercial use of the data, information, materials, and content you generate, submit, post, and/or provide in connection with our Services. This may involve global selling, distribution, publication, modification, copying, repurposing, transmission, and adaptation of such data, information, materials, and content in any medium, manner, fashion, or form chosen by us. Furthermore, you agree not to pursue any claims against us regarding any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.

You agree that your Contributions will not infringe upon the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Additionally, you confirm that your Contributions will not include libelous or otherwise unlawful, abusive, or obscene material, and will not contain any computer virus or other malware that could impact the operation of the Services or any associated website. You must not use a false email address, pretend to be someone else, or mislead us or third parties about the origin of any comments. You are solely responsible for the accuracy of any Contributions you make. We disclaim responsibility and assume no liability for any Contributions posted by you or any third party.

THIRD PARTIES WEBSITES AND CONTENT
Certain content, products, and services accessible through our Services may contain materials sourced from third parties.

Links to third-party websites ("Third-Party Websites") may redirect you to platforms unaffiliated with us. We do not undertake the examination or assessment of the content or accuracy of such third-party materials or websites ("Third-Party Content"), and we do not guarantee or assume any liability or responsibility for them, as well as for any additional materials, products, or services offered by third parties.

If you choose to exit the Site and access Third-Party Websites or use any Third-Party Content, you do so at your own risk, and these Terms of Service no longer apply. You should review the relevant terms and policies, including privacy and data gathering practices, of any website you navigate to from the Site or that pertain to any applications you use from the Site. Furthermore, you agree to hold us harmless from any losses incurred by you in connection with any Third-Party Content or any interaction with Third-Party Websites.

Before engaging in any transaction, carefully review the policies and practices of the third party, ensuring a clear understanding. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.

RETURN AND REFUND POLICY
A. You may return any product provided it is in its original condition. In the case that your merchandise is determined to be used or unsalable, we reserve the right to charge a restocking fee up to 50% from a refund according to Amazon return policy.
B. You agree to grant U2Biome Bebe a period of up to thirty (30) days for processing and issuing a refund, starting from the date of your refund request.
C. For damaged or missing components, you may contact us for replacement at: u2biobebeUS@u2bio.com.
D. For Services involving specimen collection, if you provide a Sample that is insufficient, damaged, or otherwise unsuitable for processing, U2Biome Bebe will make an effort to reprocess the Sample. If reprocessing is unsuccessful, we will send you a new Kit at no extra cost. If subsequent attempts fail for the same reasons, we will not send another Kit for that particular purchase. In such cases, we suggest you purchase a new kit on Amazon with a 50% discount code from us.

PRIVACY POLICY
We prioritize data privacy and security. The submission of your personal information through our data collection questionnaire is governed by our Privacy Policy (Link) and incorporated herein. By using our Services you acknowledge and agree to our Privacy Policy.

INTELLECTUAL PROPERTY
Unless specified otherwise, we exclusively own the Site and all elements such as databases, functionality, software, website designs, audio, video, text, photographs, and graphics ("Content"), and the copyright, trademarks, and logos present (collectively the "Marks") are either owned or under our control or licensed to us. They are protected by copyright and trademark laws, various intellectual property rights, unfair competition laws of the United States, international copyright laws, and international conventions.

You are given a restricted license to access and utilize the Site. Additionally, you can download or print a copy of any part of the Content to which you have gained proper access, exclusively for your personal and non-commercial use. All rights not explicitly granted to you regarding the Site, the Content, and the Marks are reserved by us.

WARRANTIES AND DISCLAIMERS
The Services, which include our kits, analysis results, personalized offerings, and associated documents, communications, data, or information, is provided to you on an "AS IS" and "AS AVAILABLE" basis, with all potential faults and defects, and without any warranties concerning the quality, effectiveness, accuracy, reliability, safety, or outcomes. Specifically, the Company does not assure or guarantee that the Services will meet your requirements, achieve intended results, be compatible with other software, applications, systems, or services, operate without interruption, meet performance or reliability standards, be error-free, or that any errors or defects will be corrected.

We make no guarantees or representations about the error-free, accurate, or reliable nature of the Content. It is acknowledged that external factors, including time, location, connection, device type, and bandwidth, may affect the accessibility, visibility, and speed of utilizing our Services.

LIMITATIONS OF LIABILITY
Regardless of any potential damages, injuries, losses, or claims, you might incur directly and/or indirectly, U2Biome Bebe will in no event be liable for any special, indirect or consequential damages arising out of or in any way related to any use of the Services, including but not limited to any damage or injury caused by or resulting from reliance on any information from our Services. To the extent permitted by law, the aggregate liability of U2Biome Bebe shall be limited to the actual amount you paid through the Services during the six (6) month period prior to any cause of action arising. This holds true even if U2Biome Bebe has been notified of the potential for such damage and even if the proposed remedy fails in its essential purpose.

It is important to note that certain U.S. state laws and international laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not be applicable, and the liability will be restricted to the maximum extent permitted by law.

INDEMNIFICATION
You agree to indemnify and hold U2Biome Bebe, its affiliates, healthcare providers and independent contractors harmless against any and all claims, demands, damages, liabilities and costs (including, but not limited to reasonable attorneys fees) which may directly or indirectly result from or arise in connection with use of our Services and Content.

TERMINATION
These Terms of Service will remain in effect for the duration of your use of the Site and our Services. While other provisions still apply, we retain the sole discretion,
without notice or liability, to deny access to and usage of the Services and the Site to any individual, for any or no reason. This includes situations where there is a breach of any representation, warranty, or covenant outlined in these Terms of Services or any applicable law or regulation.

Should we terminate or suspend your access to the Site for any reason, you are not permitted to register using your name, a fabricated or borrowed name, or the name of any third party, even if you are acting on behalf of that third party. In addition to terminating or suspending your access, we reserve the right to take appropriate legal action, which may include pursuing civil, criminal, and injunctive remedies.

DISPUTE RESOLUTIONS
If you have any concerns or disputes regarding the Services, you agree to first attempt to resolve the concern or dispute by reaching out to U2Biome Bebe through written notice. If no resolution is reached within thirty (30) days of receipt of written notice, the parties shall proceed to resolve the dispute amicably through mediation. The mediation shall be conducted in accordance with the rules of [mediation institution/organization]. If the dispute is not resolved within [specified timeframe] from the commencement of mediation, either party may initiate arbitration or pursue other available legal remedies.

GOVERNING LAW
These terms and the resolution of any dispute related to these terms will be governed by and construed in accordance with the laws of (States). U2Bio Co., Ltd. and you mutually agree and give irrevocable consent that the federal and state courts of the State of (State), shall have exclusive jurisdiction to settle any dispute that may arise in connection with these terms.

SEVERABILITY
If any of these terms shall be determined or held invalid, in conflict with any law, or illegal, the remaining remainder of the terms shall not be affected thereby.

FORCE MAJEURE
Notwithstanding anything to the contrary contained herein, neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, but not limited to acts of God, terrorist acts, pandemic, shortage of supply, breakdowns or malfunctions, interruptions or malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, war or civil unrest.

ENTIRE AGREEMENT
These terms constitute the entire, final, complete and fully integrated agreement between parties with respect to the Services.

CONTACT INFORMATION
For inquiries regarding the Terms of Service, please contact us at: u2biobebeUS@u2bio.com