Terms and Conditions

Last updated September 12, 2024

This page describes the terms and conditions that govern your use of BIOFABRICATE’s digital products, including the websites www.biofabricate.co and www.biofab.earth, as well as any mobile applications offered by BIOFABRICATE LLC ("Biofabricate", “Biofab”, “us” or “we”).

1. Introduction
These Terms and Conditions ("Terms") govern your access to and use of our websites, including any mobile sites and applications, or any of the features of these sites (the “Sites”), including but not limited to RSS, API, software, downloads, resources, tools, and services made available through the website (collectively, the "Services"). By accessing or using our website, or following the posting of notice of changes in these operating rules, will indicate acceptance by you of such rules and your agreement to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our website.

2. Eligibility
By using our website, you represent and warrant that you are at least 18 years old or have obtained parental or guardian consent to use the Services. If you do not meet these requirements, you must not use the website.

3. Account Registration
Some features or resources on our website may require you to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Please notify us immediately of any unauthorized use of your account.

As part of the registration process, each User will select a password (“Password”) and Login Name (“Login Name”). You shall provide BIOFABRICATE with accurate, complete, and updated account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your account.

You may not:

(a) Select or use a Login Name of another person with the intent to impersonate that person.

(b) Use a Login Name subject to the rights of any other person without authorization.

You shall notify BIOFABRICATE of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password. You shall be responsible for maintaining the confidentiality of your Password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at BIOFABRICATE’s sole discretion, and you may be reported to appropriate law-enforcement agencies. BIOFABRICATE may terminate your access to all or any part of our site and services at any time, with or without notice, with or without cause, effective immediately. If you wish to terminate this agreement, you may simply discontinue use of the Site/s or Services.

4. Use of Content and Resources
The Services and Content are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.

All content and resources available on our website, including but not limited to articles, reports, guides, videos, images, and tools, are for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise use our content and resources for any commercial purposes without our express written permission.

You will not sell, redistribute, retransmit, reproduce, display or otherwise provide access to the Content to any third party, nor modify or create derivative works from any Content.

5. Intellectual Property Rights
All intellectual property rights, including copyrights, trademarks, and patents, related to the content, resources, and services provided on our website are owned by BIOFABRICATE or our licensors, unless otherwise stated. Unauthorized use of our intellectual property is strictly prohibited.

6. User-Generated Content
You may have the opportunity to submit or post content to our website, including comments, feedback, or other contributions ("User Content"). By submitting User Content, you grant Biofabricate a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, and display such content in connection with the Services. You represent and warrant that you own or have the necessary rights to submit the User Content and that it does not violate the rights of any third party.

We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.

You acknowledge and agree that when you post content on the Site or Services, or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of BIOFABRICATE, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users.

You are solely responsible for the content of your Submissions. However, while BIOFABRICATE does not and cannot review every Submission and is not responsible for the content of these messages, we reserve the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

You shall not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.

7. Prohibited Activities
When using our website, you agree not to:

(a) Post or transmit any content that is defamatory, obscene, fraudulent, or violates any third-party rights.

(b) Engage in any conduct that could disable, overburden, or impair the functioning of our website.

(d) Use our content and resources for commercial purposes without permission.

8. Third-Party Links and Services
Our website may include links to third-party websites, products, or services that are not owned or controlled by BIOFABRICATE. We are not responsible for the content, privacy practices, or other policies of these third-party sites. Your dealings with third parties found through our website are solely between you and the third party.

9. Privacy Policy
Your use of our website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the website, you consent to the practices described in the Privacy Policy.

10. Disclaimers
The Services are provided on an "as is" and "as available" basis. BIOFABRICATE makes no representations or warranties of any kind, express or implied, regarding the operation of the website, the information, content, resources, or services included therein. We do not guarantee that the website will be uninterrupted, error-free, or free from viruses or other harmful components.

11. Limitation of Liability
To the maximum extent permitted by law, BIOFABRICATE and its affiliates, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, loss of data, or other intangible losses, arising out of or related to your use of or inability to use the website/s/ products or their content.

12. Indemnification
You agree to indemnify, defend, and hold harmless BIOFABRICATE and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from your use of the website/s/ products, your violation of these Terms, or your violation of any third-party rights.

13. Governing Law and Dispute Resolution
These Terms and your use of the website shall be governed by and construed in accordance with the laws of the State of New York, USA. Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in the State of New York, USA, except that either party may seek equitable relief in court for infringement or misappropriation of intellectual property rights.

14. Changes to the Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. It is your responsibility to review these Terms periodically. Your continued use of the website after any such changes constitutes your acceptance of the new Terms.

17. No Waiver
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of BIOFABRICATE.

18. Termination
We may suspend or terminate your access to the website at any time, without notice, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the website will immediately cease, but the provisions of these Terms that by their nature should survive will continue to apply.

19. Terms and Conditions for BIOFABRICATE Memberships (Community, Professional & Professional Plus)
This clause relates to the BIOFABRICATE Community, Professional and Professional Plus memberships for individuals and teams.

The BIOFABRICATE Professional membership is open to start-ups (founders & full-time employees), consumer brands, supply chain partners and investors actively working in bioinnovation. The BIOFABRICATE Community membership is open to all who agree to abide by these terms and conditions. We reserve the right to decline any membership application at our discretion.

You or your company may choose to sign up and become a BIOFABRICATE member of the Site in order to gain access to the BIOFABRICATE Membership offer, which may be restricted or unlimited depending on the package selected.

All the benefits and services offered as part of the different membership types and packages are detailed on the BIOFABRICATE website.

The Professional and Professional Plus Membership subscriptions are offered on an annual rolling membership basis. The Community Membership is offered on the following 2 bases: quarterly rolling membership basis and annual rolling membership basis. Any VAT charged shall be calculated based on your billing country rather than on your physical location.

If you change your mind, you will have 14 days within your initial purchase of the subscription package to request a full refund unless you have accessed 3 or more pieces of member-only content by emailing memberships [@] biofabricate dot co. In order to switch between packages, please contact memberships [@] biofabricate dot co.

Professional memberships are billed via annual invoices and do not auto-renew. Towards the end of your membership, the BIOFABRICATE team will reach out to you to confirm if you would like to renew your membership. If you wish to renew your membership an invoice will be sent to you and access will only be continued if payment is received before the end of your subscription year.

Community memberships will auto-renew at the end of each period (the renewal date being at the end of the relevant quarter or year, respectively) with the relevant subscription fee being charged to the payment details submitted by the member during registration. You will receive an email from our payment provider Lemon Squeezy in advance of your renewal.

For quarterly subscriptions, cancellation will be effective at the end of the quarterly billing cycle during which such cancellation was requested. You shall be charged for the entire billing cycle during which cancellation is requested and no refund for any time remaining will be provided. For annual subscriptions, cancellation will take effect at the end of the applicable subscription year and will not be renewed for any further years. If you fail to request cancellation, such that your annual subscription has automatically renewed for another year, you will have 14 days from the renewal date during which you may cancel the annual subscription. Please note that if you wish to access content within 14 days of purchase, you will waive your right to a refund.

In order to cancel a professional subscription, you must email us at memberships [@] biofabricate dot co. In order to cancel a community membership you must do this via Lemon Squeezy, details of how to do this will be available via your renewal reminder email.

You may be asked to provide a cancellation reason, to help us understand why you are canceling. Once you have provided a cancellation reason and have confirmed your cancellation details, you will receive a confirmation email to let you know that this has been successfully processed. The cooling off period is 14 days unless you have accessed 3 or more pieces of member-only content, meaning you will only be provided with any form of refund if you have successfully submitted your cancellation request to us via email within 14 days of subscription renewal unless you have accessed 3 or more pieces of member-only content. If payment using the card details you have submitted fails, you shall retain access to your Membership 7 days from the date of such payment failure, following which you will lose access unless you provide alternative card details. Should you regain access following the provision of a valid payment method, your subscription shall resume from the date of initial payment failure.

BIOFABRICATE reserves the right to change the features, content or services related to any Membership package without notice to the user in order to improve the quality of the BIOFABRICATE Membership offered to you or to comply with any relevant laws, regulations or BIOFABRICATE policies. The BIOFABRICATE Membership subscriptions are priced as advertised on the Site at time of purchase, and BIOFABRICATE in its sole discretion reserves the right to amend or change any subscription price. Existing BIOFABRICATE Members will be provided with notice of any changes to future subscription prices. Any special offer or discount offered may be withdrawn or changed without notice.

BIOFABRICATE Memberships are to be used by individuals per login credentials and are non-transferable. Membership benefits including logins, access to content and services are linked to a specific User, and cannot be shared with other non-Users. BIOFABRICATE shall monitor the number of devices used to access a Membership and breach of these terms may result in BIOFABRICATE revoking your access to the Site. In the event of access being revoked due to breach of this clause, no refund shall be provided for any membership fees you may have already paid.

BIOFABRICATE Memberships may grant the member access to Exclusive Membership Content on the Site and beyond. All content is subject to copyright law and members should seek permission from BIOFABRICATE or the relevant copyright holder before sharing or distributing any Exclusive Membership Content accessed through the Site or beyond. In the event of failure to seek and be granted permission to share or distribute any Exclusive Membership Content, in accordance with the foregoing, BIOFABRICATE has the right to terminate your BIOFABRICATE Membership and take further action as may be appropriate to protect any and all intellectual property rights BIOFABRICATE has in the Exclusive Membership Content.

20% discount (offer ends 23:59 EDT, 30th September) is automatically applied to annual professional and community subscriptions and is for one billing period only. This discount cannot be combined with other offers.

20. Terms and Conditions for Biofab.earth memberships
This clause relates to the BIOFABRICATE Learning Platform (www.biofab.earth) memberships for companies.

Your company may choose to sign up and become a BIOFABRICATE Learning Platform Membership member of the Site in order to gain access to the BIOFABRICATE Learning Platform Membership offer, which may be restricted or unlimited depending on the package selected.

All the benefits and services offered as part of the membership are detailed in the literature you will have received from the BIOFABRICATE team.

BIOFABRICATE Learning Platform Membership is offered on an annual rolling membership basis. Any VAT charged shall be calculated based on your billing country rather than on your physical location.

If you change your mind, you will have 14 days within your initial purchase of the package to request a full refund unless you have accessed 3 or more pieces of member-only content by emailing memberships [@] biofabricate dot co.

Your membership will not auto-renew, towards the end of your membership the BIOFABRICATE team will reach out to you to confirm if you would like to renew your membership. If you wish to renew your membership an invoice will be sent to you and access will only be continued if payment is received before the end of your subscription year.

BIOFABRICATE reserves the right to change the features, content or services related to any Membership package without notice to the user in order to improve the quality of the BIOFABRICATE Learning Platform Membership offered to you or to comply with any relevant laws, regulations or BIOFABRICATE policies. The BIOFABRICATE Learning Platform Membership is priced as quoted to your company at time of purchase, and BIOFABRICATE in its sole discretion reserves the right to amend or change any subscription price. Existing BIOFABRICATE Learning Platform Membership will be provided with notice of any changes to future subscription prices. Any special offer or discount offered may be withdrawn or changed without notice.

BIOFABRICATE Learning Platform Memberships are to be used by individuals within a company and are non-transferable outside of the member company. Membership benefits including logins, access to content and services are linked to a specific User, and cannot be shared with other non-Users. BIOFABRICATE shall monitor the number of devices used to access a Membership and breach of these terms may result in BIOFABRICATE revoking your access to the Site. In the event of access being revoked due to breach of this clause, no refund shall be provided for any membership fees you may have already paid.

BIOFABRICATE Learning Platform Memberships may grant the member access to Exclusive Membership Content on the Site and beyond. All content is subject to copyright law and members should seek permission from BIOFABRICATE or the relevant copyright holder before sharing or distributing any Exclusive Membership Content accessed through the Site or beyond. In the event of failure to seek and be granted permission to share or distribute any Exclusive Membership Content, in accordance with the foregoing, BIOFABRICATE has the right to terminate your BIOFABRICATE Membership and take further action as may be appropriate to protect any and all intellectual property rights BIOFABRICATE has in the Exclusive Membership Content.

21. Contact Information
If you have any questions about these Terms, please contact us at hello [@] biofabricate dot co

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By using our Site and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.