1. Introduction and Acceptance
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Mandrake Bio Private Limited ("Mandrake," "we," "us," or "our"), a company registered under the laws of India with its registered office at Indiranagar, Karnataka, India.
By accessing or using our website (mandrakebio.com) and web application (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.
2. Eligibility
2.1 Age Requirement
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.
2.2 Authority to Bind
If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" will refer to that organization.
2.3 Compliance
You agree to comply with all applicable laws and regulations in your use of the Services, including but not limited to data protection laws, intellectual property laws, and export control regulations.
3. Account Registration and Security
3.1 Account Creation
To access certain features of our Services, you must create an account by providing accurate, current, and complete information. You agree to update your information promptly to maintain its accuracy.
3.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Immediately notifying us of any unauthorized use or security breach
- Ensuring that your account information is accurate and up-to-date
3.3 Account Termination
We reserve the right to suspend or terminate accounts that:
- Violate these Terms
- Remain inactive for extended periods
- Engage in fraudulent or illegal activities
- Pose a security risk to our Services or other users
4. Services Description
4.1 Biotech Analysis Platform
Mandrake provides a cloud-based platform for biotechnology data analysis, including but not limited to:
- Bioinformatics analysis tools
- Data processing and visualization
- Integration with third-party analysis APIs
- Report generation and data export capabilities
- Collaboration features for research teams
4.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will make reasonable efforts to notify users of significant changes.
4.3 Service Availability
While we strive for maximum uptime, we do not guarantee uninterrupted or error-free operation of the Services. Scheduled maintenance and updates may temporarily affect availability.
5. User Data and Content
5.1 Data Ownership
You retain all ownership rights to the data you upload to our Services ("User Data"). By uploading User Data, you grant us a limited, non-exclusive license to process, analyze, and store your data solely for the purpose of providing the Services.
5.2 Data Categories
User Data may include:
- Genomic sequences and biological data
- Experimental results and research data
- Project documentation and metadata
- Analysis parameters and configurations
5.3 Data Responsibilities
You represent and warrant that:
- You have all necessary rights to upload and process the User Data
- Your User Data does not violate any third-party rights or applicable laws
- You have obtained all necessary consents for any personal or sensitive data
- Your use of the Services complies with all applicable ethical guidelines and regulations
5.4 Data Processing
We process your User Data using:
- Our proprietary analysis algorithms
- Third-party AI agents and bioinformatics tools via API integrations
- Cloud computing infrastructure for storage and computation
6. Intellectual Property Rights
6.1 Mandrake Property
All rights, title, and interest in and to the Services, including but not limited to software, algorithms, user interface, designs, and documentation, are and remain the exclusive property of Mandrake or our licensors.
6.2 User Rights
Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business or research purposes.
6.3 Feedback
Any suggestions, feedback, or recommendations you provide regarding the Services may be used by us without obligation to you.
6.4 Third-Party Components
The Services may include third-party software or services subject to their own license terms. You agree to comply with all applicable third-party terms when using such components.
7. Acceptable Use Policy
7.1 Prohibited Activities
You agree not to:
- Use the Services for any illegal or unauthorized purpose
- Upload malicious code, viruses, or any harmful software
- Attempt to gain unauthorized access to our systems or other users' accounts
- Reverse engineer, decompile, or disassemble any part of the Services
- Use the Services to infringe upon intellectual property rights
- Overload or interfere with the proper functioning of the Services
- Resell or redistribute the Services without our written permission
- Use automated systems or bots without prior authorization
- Upload data that you do not have the right to process
- Violate any applicable laws, regulations, or ethical standards
7.2 Research Ethics
Users must ensure that all research conducted using our Services complies with:
- Institutional Review Board (IRB) requirements
- Ethical guidelines for biological research
- Applicable biosafety and biosecurity regulations
- Data protection laws for sensitive health information
8. Payment Terms
8.1 Subscription Plans
Our Services are offered under various subscription plans. By selecting a plan, you agree to pay the applicable fees as described on our website.
8.2 Payment Processing
- Payments are processed through third-party payment processors
- You authorize us to charge your payment method for all applicable fees
- All fees are exclusive of applicable taxes unless otherwise stated
8.3 Billing Cycle
Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan.
8.4 Refunds
Refunds are provided only in accordance with our refund policy. Generally, subscription fees are non-refundable except as required by law.
8.5 Price Changes
We reserve the right to modify our pricing with 30 days' notice for existing subscribers.
9. Confidentiality
9.1 Confidential Information
Both parties acknowledge that they may have access to confidential information of the other party. Each party agrees to:
- Maintain the confidentiality of such information
- Use confidential information solely for the purposes of these Terms
- Not disclose confidential information to third parties without written consent
9.2 Exceptions
Confidentiality obligations do not apply to information that:
- Is or becomes publicly available through no breach of these Terms
- Was rightfully known prior to disclosure
- Is independently developed without use of confidential information
- Must be disclosed by law or court order
10. Disclaimers and Limitations of Liability
10.1 Service Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10.2 Analysis Disclaimer
We do not warrant that:
- Analysis results will be error-free or accurate
- The Services will meet your specific requirements
- Results will be suitable for clinical or diagnostic use
- Third-party APIs will remain available or unchanged
10.3 Research Use Only
Unless explicitly stated otherwise, our Services are intended for research use only and not for clinical diagnosis or treatment decisions.
10.4 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MANDRAKE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL.
10.5 Cap on Liability
Our total liability for any claims under these Terms shall not exceed the amount paid by you to us in the twelve (12) months preceding the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless Mandrake, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:
- Your violation of these Terms
- Your use of the Services
- Your User Data
- Your violation of any third-party rights
- Any misrepresentation made by you
12. Data Security and Backup
12.1 Security Measures
We implement industry-standard security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.
12.2 User Responsibilities
You are responsible for:
- Maintaining your own backups of User Data
- Implementing appropriate security measures on your end
- Ensuring secure transmission of sensitive data
12.3 Data Breach Notification
In the event of a data breach affecting your User Data, we will notify you in accordance with applicable law.
13. Third-Party Services
13.1 API Integrations
Our Services integrate with third-party APIs for enhanced analysis capabilities. We are not responsible for:
- The availability or accuracy of third-party services
- Any damages resulting from third-party service failures
- Changes to third-party APIs that affect functionality
13.2 External Links
Our Services may contain links to third-party websites. We are not responsible for the content or practices of these external sites.
14. Term and Termination
14.1 Term
These Terms remain in effect until terminated by either party.
14.2 Termination by You
You may terminate your account at any time by:
- Using the account deletion feature in your settings
- Contacting us at support@mandrakebio.com
14.3 Termination by Us
We may terminate or suspend your account immediately if you breach these Terms or engage in conduct that we determine is harmful to our Services or other users.
14.4 Effect of Termination
Upon termination:
- Your access to the Services will cease
- You must pay any outstanding fees
- You may request export of your User Data within 30 days
- Sections of these Terms that by their nature should survive will remain in effect
15. Dispute Resolution
15.1 Governing Law
These Terms are governed by the laws of India, without regard to conflict of law principles.
15.2 Jurisdiction
Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Karnataka, India.
15.3 Arbitration
At our option, disputes may be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 2015 of India.
15.4 Injunctive Relief
Nothing in these Terms prevents either party from seeking injunctive relief in courts of competent jurisdiction.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mandrake regarding the Services.
16.2 Amendments
We may modify these Terms at any time. Material changes will be notified via email or through the Services. Continued use after changes constitutes acceptance.
16.3 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full effect.
16.4 Waiver
No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
16.5 Assignment
You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.
16.6 Force Majeure
Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control.
16.7 Notices
All notices under these Terms shall be delivered:
- To you: via email to your registered email address
- To us: via email to support@mandrakebio.com
17. Export Compliance
You agree to comply with all applicable export and re-export control laws and regulations, including those of India and other relevant jurisdictions.
18. Contact Information
For questions about these Terms of Service, please contact us:
Mandrake Bio Private Limited
Indiranagar
Karnataka, India
Email: support@mandrakebio.com
Website: mandrakebio.com
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.