The rules of the road, in plain language.
These Terms of Service (collectively with our Privacy Policy and any policies referenced herein, the “Terms”) form a legally binding agreement between you (“you,” “your”) and The Source Biome Project, a 501(c)(3) community-funded nonprofit organization (“we,” “us,” “our”), and govern your access to and use of the website at sourcebiome.org, any subdomains, the Atlas beta waitlist, the Contact form, and any related services we provide (collectively, the “Service”).
By accessing or using the Service, signing up for the waitlist, or submitting any information to us, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Acceptance and changes
Your use of the Service constitutes your acceptance of these Terms. We may modify these Terms at any time, in our sole discretion. We will indicate the date of the most recent change at the top of this page. Material changes will be communicated by email to people on the waitlist where reasonably practicable. Your continued use of the Service after a change becomes effective constitutes acceptance of the modified Terms. If you do not agree to a change, your sole remedy is to stop using the Service and request deletion of your information under our Privacy Policy.
2. Definitions
- “Service” means the website, the Atlas beta waitlist, any forms on the website, any communications we send to you, and any other service we offer in connection with the foregoing.
- “User Submissions” means any information you submit to us, including but not limited to your email address, name, contact form messages, and any feedback or correspondence.
- “Atlas” means the longitudinal microbiome journal product currently in pre-launch development by The Source Biome Project.
3. Eligibility
You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that (a) you are at least 18; (b) you have the legal capacity to enter into a binding agreement; (c) your use of the Service does not violate any applicable law or regulation; and (d) you have not been previously suspended or removed from the Service. We reserve the right to refuse the Service to anyone for any reason.
4. The Service
The Service is currently in pre-launch. We collect emails for the Atlas beta waitlist and publish information about the project. The Atlas product itself is not yet available. Beta access, when offered, is limited to one hundred (100) members and granted at our sole discretion. Signing up for the waitlist does not guarantee admission to the beta or any future product. We may close the waitlist, change beta criteria, delay or cancel the beta, or discontinue any feature of the Service at any time, without notice and without liability to you.
5. Communications consent
By signing up for the waitlist or submitting a Contact form, you expressly consent to receive electronic communications from us regarding:
- Your beta seat status and any invitation to participate
- Project updates (you may opt out of these at any time)
- Material changes to these Terms or our Privacy Policy
- Responses to messages you send us
- Other administrative or transactional notices related to your participation
You may unsubscribe from non-essential communications at any time by following the link in any of our emails or by emailing hi@sourcebiome.org. You may not opt out of essential transactional or legal notices while you remain on the waitlist; if you do not wish to receive these, request deletion of your data per our Privacy Policy.
You agree that any notices, agreements, disclosures, or other communications we send to you electronically satisfy any legal requirement that such communications be in writing.
6. Acceptable use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You will provide accurate information, keep your contact information current, and use only an email address that you control or are explicitly authorized to use.
7. Prohibited conduct
You will not, and will not authorize or permit any third party to, do any of the following:
- Use the Service in any manner that violates any applicable law, regulation, or third-party right
- Sign up another person without their explicit, informed consent, or use any email address you do not own or control
- Submit any false, misleading, fraudulent, or impersonating information
- Send unsolicited or harassing communications, spam, or bulk submissions
- Attempt to gain unauthorized access to any part of the Service, our infrastructure, or any account, computer system, or network connected to the Service
- Probe, scan, or test the vulnerability of the Service or any related system, or breach or circumvent any authentication, security, or rate-limiting measures
- Use any automated means (bots, scrapers, crawlers) to access, monitor, copy, or interact with the Service except as expressly permitted by our robots.txt or with our prior written consent
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of any non-public portion of the Service
- Interfere with, disrupt, or place an unreasonable load on the Service or any related infrastructure (including DDoS, load testing, or similar conduct)
- Use the Service to develop a competing product or service
- Remove, obscure, or alter any proprietary notices on the Service
- Engage in any conduct that, in our reasonable judgment, exposes us, our infrastructure providers, or our users to liability or harm
We reserve the right to investigate suspected violations and take appropriate action, including suspension or termination of access, deletion of data, and legal action.
8. Intellectual property
The Service and its content — including text, graphics, logos, illustrations, design, layout, code (other than code released under an open-source license), and the radial portrait visualization — are owned by The Source Biome Project or its licensors and are protected by United States and international copyright, trademark, trade-dress, and other intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial purposes. All other rights are reserved. You may not copy, modify, distribute, sell, lease, transmit, publicly display, publicly perform, frame, or create derivative works of any portion of the Service except as expressly permitted in writing or by an applicable open-source license.
“The Source Biome Project,” “Atlas,” the radial portrait mark, and related logos are trademarks or service marks of The Source Biome Project. You may not use these marks without our prior written consent.
9. User Submissions and license to us
You retain ownership of your User Submissions. By submitting information to us (for example, through the Contact form), you grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, store, reproduce, modify (for formatting and length), and display your User Submissions solely as necessary to operate, provide, improve, and respond regarding the Service.
You represent and warrant that: (a) you own or have the necessary rights to your User Submissions; (b) your submission does not violate any third party’s rights, including privacy, publicity, or intellectual property rights; and (c) your Submissions do not contain unlawful, defamatory, harassing, or otherwise objectionable material.
We may, in our sole discretion and without obligation, refuse to accept, edit, or remove any User Submission.
10. Privacy
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection, use, and processing of your information as described there.
11. Beta-specific terms
Beta access, when granted, is provided on an “AS IS” and “AS AVAILABLE” basis with no warranty of any kind. The beta is experimental, may contain bugs, errors, or omissions, and may be modified, suspended, or discontinued by us at any time, with or without notice, and without liability to you. Features available in the beta may differ from features in any future general release. Do not rely on the continued availability of any beta feature.
While Atlas is in beta, you agree that any feedback you provide is non-confidential and may be used by us without restriction or compensation, including to improve the Service.
12. Not a medical device or service
The Service is not a medical device, medical service, or substitute for professional medical care. Nothing on the website or in our communications constitutes medical, diagnostic, or therapeutic advice. The Source Biome Project does not diagnose, treat, cure, prevent, or mitigate any disease or condition.
If you have or suspect you have a medical condition, are pregnant, or have any health concern, consult a licensed healthcare professional. Do not delay seeking medical advice or disregard professional medical advice based on anything you read on or receive from the Service. In an emergency, call your local emergency services immediately.
Information presented through the Service is educational and informational only and is not intended to substitute for the diagnosis, treatment, or advice of a qualified, licensed professional.
13. Third-party content and links
The Service may contain links to third-party websites, research papers, or services not owned or controlled by us. We are not responsible for the content, policies, or practices of any third party. We do not endorse, warrant, or assume responsibility for any third-party content. Your interactions with any third party are solely between you and that third party.
14. Disclaimers and warranty limitations
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING ALL CONTENT, FEATURES, INFORMATION, AND COMMUNICATIONS, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY DEFECTS WILL BE CORRECTED; (C) THE SERVICE OR ANY SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; OR (E) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
ANY MATERIAL OBTAINED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM SUCH ACCESS.
Some jurisdictions do not allow the exclusion of certain warranties. To the extent any such warranty cannot be excluded, it is limited to the minimum extent permitted by law.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SOURCE BIOME PROJECT, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR AFFILIATES (THE “PROTECTED PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR YOUR USE OF OR INABILITY TO USE THE SERVICE.
IN ANY EVENT, THE PROTECTED PARTIES’ AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED ONE HUNDRED US DOLLARS (US$100).
THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AGREE THAT THE LIMITATIONS IN THIS SECTION ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND US AND THAT THE SERVICE WOULD NOT BE OFFERED WITHOUT THESE LIMITATIONS.
16. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Protected Parties from and against any and all claims, demands, suits, actions, proceedings, losses, liabilities, damages, judgments, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your access to or use of the Service; (b) your User Submissions; (c) your violation of these Terms; (d) your violation of any law, regulation, or third-party right (including intellectual property, privacy, and publicity rights); or (e) any misrepresentation by you.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses. You will not settle any matter without our prior written consent.
17. Termination
You may stop using the Service at any time and request deletion of your information under our Privacy Policy. We may, in our sole discretion and without notice, suspend or terminate your access to the Service, remove your information, refuse beta admission, or take any other action we consider appropriate, for any reason or no reason, including if we believe you have violated these Terms.
Termination does not relieve you of any obligations accrued before termination. Sections 8 (Intellectual Property), 9 (User Submissions), 12 (Not a Medical Service), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 19 (Governing Law), 20 (Dispute Resolution), 21 (Class Action Waiver), and any other provision intended by its nature to survive will survive termination.
18. Force majeure
We will not be liable or responsible for any failure to perform, or delay in performance, caused by events beyond our reasonable control, including without limitation acts of God, natural disasters, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, infrastructure outages, denial-of-service attacks, or third-party service-provider failures.
19. Governing law and venue
These Terms and any dispute arising out of or relating to them or the Service shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict-of-law principles or the United Nations Convention on Contracts for the International Sale of Goods.
You and we agree that any dispute arising out of or relating to these Terms or the Service that is not subject to arbitration (where applicable) or that requires injunctive or equitable relief shall be brought exclusively in the state or federal courts located in Wyoming, and you irrevocably consent to the personal jurisdiction and venue of those courts and waive any objection on the grounds of inconvenient forum.
20. Dispute resolution
Before filing a formal claim, you agree to first contact us at hi@sourcebiome.org and attempt in good faith to resolve any dispute informally for at least sixty (60) days. Many disputes can be resolved quickly and cost-effectively this way.
21. Class action and jury trial waiver
To the maximum extent permitted by applicable law, you and we each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You and we each waive any right to a trial by jury for any such dispute. The arbitrator or court may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If the foregoing waiver is found unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) shall be severed and proceed in court, while all other claims shall remain subject to this section.
22. Notices
We may provide notice to you by email to the address you provided when signing up, or by posting on the website. You agree that electronic notices satisfy any legal requirement of written notice. You may give us notice by emailing hi@sourcebiome.org.
23. Assignment
We may assign or transfer these Terms, in whole or in part, in connection with a merger, reorganization, sale of assets, or by operation of law, without notice or consent. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section is void.
24. No agency or partnership
Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchisee relationship between you and us.
25. Severability and waiver
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, severed from these Terms; the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision.
26. Entire agreement
These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and The Source Biome Project regarding the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic).
27. Contact
General questions: hi@sourcebiome.org
Privacy questions: privacy@sourcebiome.org