Terms of Service
Privacy Policy
Terms of Service
Effective Date: January 3, 2026
Last Updated: January 3, 2026
Welcome
Welcome to AminoChain — a novel bio-economy that connects medical institutions, streamlines translational research, and keeps the donor at the center of scientific progress.
The AminoChain General Terms of Service ("Terms”) govern your use of all services, software, technologies and/or mobile applications (the “Services” or “AminoChain Services”) offered or provided by AminoChain, Inc. and its affiliates (“AminoChain,” “we,” “us,” or “our”). Certain AminoChain Services might have additional terms and conditions applicable to such Services, which will be linked in these Terms and are hereby incorporated by reference.
Important Notice Regarding Arbitration Agreement/Class Action Waiver
WHEN YOU ACCEPT THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND AMINOCHAIN INDIVIDUALLY THROUGH BINDING ARBITRATION AND WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR IN YOUR RIGHT TO A JURY TRIAL TO RESOLVE ANY SUCH DISPUTE.
PLEASE REVIEW CAREFULLY THE “DISPUTE RESOLUTION” SECTION BELOW FOR DETAILS REGARDING REQUIREMENT TO ARBITRATE DISPUTES AND RESOLVING ANY DISPUTE ON AN INDIVIDUAL BASIS.
1.0 Agreement Structure; Modification.
1.1 Agreement.
By using the AminoChain Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the AminoChain Services or create any account with AminoChain.
1.2 Additional Terms.
Certain AminoChain Services might have additional terms and conditions applicable to such Services, which will be linked in these Terms and are hereby incorporated by reference. Please see below for additional terms and conditions applicable to specific to certain AminoChain Services:
Specimen Center: Specimen Center Additional Terms
Donor Portal: Donor Portal Additional Terms
1.3 Order of Precedence.
To the extent these Terms directly conflict with any Service-specific terms, the Service-specific terms shall control, solely for the applicable Service.
1.4 Modification of Terms.
We may update these Terms from time to time at our sole discretion. If we do, we will notify you by posting revised Terms on this page with a revised “Last Updated” date, and we may (but are not required to) send other communications notifying you of such an update. It is important that you review these Terms whenever we update them. AminoChain may require you to provide consent to the updated Terms in a specified manner before further use of the AminoChain Services is permitted. Otherwise, by continuing to use the AminoChain Services after we have posted updated Terms, you are deemed to have accepted and agreed to the changes. If you do not agree to be bound by the changes, you may not use the AminoChain Services anymore.
1.5 Modification of Services.
Because our Services are evolving over time, we may change or discontinue all or any part of the AminoChain Services, at any time, at our sole discretion without notice or liability to you.
2.0 Privacy Notice and e-Signature Agreement
2.1 Privacy Notice.
Your privacy and the security of information are important to us. Please carefully review the AminoChain Privacy Notice, located at https://aminochain.io/legal for information about how we may collect, use, store, or share information from you.
2.2 e-Signature Agreement.
By using the AminoChain Services, you agree that any electronic signature, whether digital or encrypted, that is intended to authenticate a writing shall have the same force and effect as a manual signature to the fullest extent of the law. "Electronic signature” means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including without limitation a checkbox, facsimile, or email signature.
3.0 User Representations.
By using the AminoChain Services or creating an Account (defined below) with us, you represent and warrant to AminoChain that you: (i) are legally competent to form a binding contract and are eighteen (18) years old or older; (ii) are not a competitor of AminoChain and are not using the AminoChain Services for reasons that are in competition with or for the purpose of creating a competitive service to AminoChain; (iii) you have the all rights, authority and permissions required to share your information, including any health information, to the AminoChain Services; (iv) you are not barred from using the Services under the laws of the United States or any other applicable jurisdiction, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or any similar prohibitions, and you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (v) will use the AminoChain Services in compliance with Applicable Law. For sake of clarity, “Applicable Law” includes all applicable laws, rules, regulations and standards including supranational, national and local legislation regulations, and any official guidelines and ethical principles that may be in effect from time to time, governing the donation, retention, use, storage, transfer, transportation and disposal of biological samples and associated data for use in biomedical research and clinical development, including, but not limited to, donor consent laws and all applicable data privacy legislation, regulations and guidelines.
4.0 Creating and using an AminoChain Account
4.1 Creating an Account.
To access all the features of certain AminoChain Services, you may be required to create an account with us (an “Account”). By opening an Account, you accept and agree to the following rules:
You will provide us with truthful, accurate, complete, and current account information and keep this information up to date. If you do not, we may suspend or terminate your Account.
AminoChain may require you to provide additional information as Applicable Laws dictate or to investigate potential violations of these Terms or any other agreement to which you are a party. AminoChain reserves the right to suspend your access to AminoChain Services while it gathers and processes any information requested and received, and may refuse to restore access to the AminoChain Services if you do not provide complete and accurate information upon AminoChain’s request.
You will not use the Services for any prohibited activity, including but not limited to illegal activity that would violate, assist in violation of, or cause us to violate any Applicable Laws, or that would involve proceeds of any unlawful activity.
To protect your Account, you must keep your Account details and password confidential. Notify us right away by contacting us at privacy@aminochain.io if you detect any unauthorized use, or if you know of or suspect a breach of security of your Account.
You are responsible for all activities that occur under your Account, whether or not you know about or consent to them.
A description of the information we collect from you when you create a Account and how we use or share that information is contained in our Privacy Notice.
You agree and understand that certain legal restrictions may impede or restrict our ability to deliver the AminoChain Services to you. You are solely responsible for determining whether the use of AminoChain Services is permitted in the jurisdiction where you live, and you shall not use the AminoChain Services if such activity is not permitted in the jurisdiction where you live.
4.2 Contacting You.
By providing your contact information in connection with your Account, you agree to let us contact you via those contact methods (e.g., text, push notifications, email). As applicable to the specific AminoChain Services you use, among other reasons, we may contact you to inform you of new studies you may be a match for, to provide you with rewards, or to request more information from you in connection with studies or trials you are already a part of. You may opt out of these communications at any time by the following: clicking “unsubscribe” in any emails we send you and taking any additional required steps, turning off push notifications for your mobile application or texting “STOP” to the phone number you receive AminoChain’s texts from.
4.3 Additional Account Terms.
Please see Service-specific terms for additional terms that may apply to your Account, depending on the AminoChain Service you use.
5.0 Intellectual Property Ownership
5.1 Ownership of AminoChain Services.
AminoChain and its licensors exclusively own all right, title, and interest in and to the AminoChain Services, including all associated intellectual property rights. You acknowledge that the AminoChain Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the AminoChain Services.
5.2 Content.
The AminoChain Services are data-driven and our Services, and the technology behind them, contains valuable content. When you access or use our platform or accept, acquire, inquire about, purchase, or seek AminoChain Services, you may have access to and use of content, data, information, materials, functionality, a user interface and user experience, including, without limitation, analyses, audio-visuals, branding, code, data, formulas, graphics, images, listings, logos, music, offerings, performance metrics, programming, projections, reports, software, statements, summaries, text, tools, or works of authorship of any kind (that have been conceived and created by (a) AminoChain or its affiliates or their agents or third-party contractors (“AminoChain Content"), (b) nonaffiliated third parties that license content to AminoChain or its affiliates (“Third Party Content”), or (c) other users of AminoChain Services (“User Content” and, together with AminoChain Content and Third Party Content, “Content”). Certain features may also allow you to upload Content to the AminoChain Services (“Your Content”). As between you and AminoChain, (i) AminoChain Content is and shall remain AminoChain’s sole and exclusive property, (ii) Third Party Content is and shall remain the sole and exclusive property of the nonaffiliated third parties that license such Content to AminoChain, (iii) User Content is and shall remain the sole and exclusive property of the other users of AminoChain Services who previously uploaded such Content to the Services, and (iv) Your Content is and shall remain your sole and exclusive property. Certain Content may be protected by copyright, patent, trademark, trade secret, proprietary, or other intellectual property rights and laws. You shall not acquire any intellectual property rights to any Content not expressly granted herein. For the sake of clarity, AminoChain Content and Third Party Content does not include open source software.
5.3 Right to Use.
Subject to your continued compliance with these Terms, you are granted a limited, nonexclusive, revocable, nontransferable and non-sublicensable right to access and use the AminoChain Services, including Content available through the Services, solely for your personal use.
5.4 Restrictions on Use:
You hereby acknowledge and agree that you will not, nor allow any third party to:
Disclose your Account information (including account details and passwords), in whole or in part, to any person for any purpose other than in connection with your own personal use of the AminoChain Services;
Modify, copy, distribute, lease, loan, publish, scrape, sell, share, or incorporate into derivative works any Content, in whole or part, nor take measures to gather, mine, or extract through any means or methods the Content made available to you through the AminoChain Services;
You will not use any meta tags or other hidden text or metadata utilizing any AminoChain or third-party trademark, logo, URL, or product name without our express written consent;
You will not use or permit others to use Content for any commercial or other unauthorized purposes (including, without limitation, for any direct marketing or telemarketing lists or applications), and you will not use the AminoChain Services in a service bureau capacity or for the benefit of any third party;
You will not use Content in any way that violates any law, statute, ordinance, or regulation, or infringes upon the copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights or rights of publicity or privacy belonging to AminoChain, its affiliates, or any third party;
Use, display, mirror or frame our Services or any individual element within AminoChain Services or our platform, or the name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a platform or page belonging to AminoChain, without our express written consent;
Attempt to probe, scan, or test the vulnerability of our system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, de-scramble, or otherwise circumvent any technological measure implemented by us or any of our providers or other third party including another user to protect our network, the AminoChain Services, or Content;
Send unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the AminoChain Services or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, de-compile, disassemble or reverse engineer any of the software used on or in connection with our Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus or overloading, flooding, spamming, or mail-bombing our AminoChain Services;
Access or use the AminoChain Services to collect from other users or store any other user’s personally identifiable information or health information without their express written permission;
Use the AminoChain Services, or any portion thereof, for any commercial purpose or for the benefit of any third party, or in any other manner, except where otherwise permitted by these Terms;
Impersonate, or misrepresent your affiliation with, any person or entity; or
Employ, operate, or create any computer program to simulate the human behavior of a user on our Services.
We reserve the right to investigate, or retain a third party to investigate, violations of these Terms or other conduct that affects our platform, the AminoChain Services, our rights, or the rights of third parties. Your information may be provided to a third party to assist with those investigation efforts. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. AminoChain reserves the right to immediately suspend your access to and use of the AminoChain Services if AminoChain suspects you have violated any obligations under this Section 5.4.
5.5 Your Content.
For clarity, personal information, including health information, that you provide to us or through the Services to create an Account is NOT considered “Your Content” except to the extent that, in addition to providing such information to us to create an Account, you also post, share, or otherwise make such information publicly available to other users of the AminoChain Services, in which case the information that you publicly share will be considered Your Content.
By making any of Your Content available through the AminoChain Services, you hereby grant to AminoChain and its affiliated companies an irrevocable, non-exclusive, transferable, sublicensable, worldwide, perpetual, royalty-free license with right to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute Your Content (a) in connection with operating and providing the AminoChain Services, and (b) for AminoChain and its affiliated companies’ marketing and promotional purposes
You are solely responsible for all Your Content. You represent and warrant that you have (and will maintain) all rights that are necessary to grant us the license rights in Your Content under these Terms, and that Your Content is and will at all times throughout your use of the AminoChain Services remain accurate, complete, and truthful. You represent and warrant that Your Content, your use and provision of Your Content to be made available through the AminoChain Services, and use of Your Content by AminoChain, its affiliates, or other users on or through the AminoChain Services will not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Without limiting any of your obligations set forth in Section 5.4, your agree not to post, upload, publish, submit, or transmit any Content, or use Your Content, in a manner, that: (i) infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, proprietary or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages conduct that violates, any applicable law or regulation or could give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
5.6 No endorsement.
We do not endorse any users of our AminoChain Services nor do we endorse Third Party Content, User Content, Your Content, or other products or materials available through or on the AminoChain Services. You acknowledge sole responsibility for, and assume all risk arising from, your use of or reliance on any Third Party Content or User Content.
Portions of our Services may contain links or promotions for products and services of third parties, including companies that pay marketing or referral fees to us. Our promotion of such third-parties is intended to be a convenience to you, to introduce you to the company, and is not an endorsement of their services or products. You are never required to contact or use the services of the third parties mentioned to you by us. We disclaim any liability for any third-party information (including Third Party Content) or third-party products offered.
Third party sites will have their own terms of use, privacy policies, and security practices that are different than ours. It is your responsibility to read and understand the policies and practices of those sites before agreeing to use the site. You acknowledge sole responsibility for, and assume all risk arising from, your use of third-party sites or services.
5.7 Feedback.
We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the AminoChain Services that you share with us (collectively, “Feedback”). Feedback shall not be considered Your Content. If you choose to submit Feedback, you agree AminoChain shall own any such Feedback and all associated intellectual property rights. You hereby assign all of your right, title and interest in and to the Feedback to us. We are free to use, modify and disclose it without any restriction or compensation to you and without attribution.
5.8 Right to remove Content.
We reserve the right, but are not obligated, to monitor and to remove or disable access to any Content on the AminoChain Services, including Your Content or other User Content, and links, at any time, for any reason, and without notice, including without limitation if we, at our sole discretion, consider any such Content (including Your Content) objectionable, potentially in violation of applicable law, or in violation of these Terms.
You can remove Your Content, but not your Feedback, by deleting it. However, in certain instances, some of Your Content may not be completely removed and may continue to exist on our Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) Your Content. Please note that it may take up to thirty (30) days to remove Your Content after such request is made by you.
6.0 Termination
These Terms (as may be amended from time to time by AminoChain) will continue to apply to you and your use of our Services until your Account(s) or relationship with us is terminated.
We reserve the right to suspend, cancel, or terminate your access to the AminoChain Services, in our sole discretion, at any time, and without prior notice with or without cause. We may suspend, cancel, or terminate your Account if we believe you are using it for a purpose that is unauthorized, improper, illegal, or that could harm our company, our customers, or third parties. In addition, if you fail to comply with any of these Terms, then your access to our Services may be automatically terminated, without notice to you. You agree that we will not be liable to you or any third party for any termination of your account or access.
You may also deletion your Account(s) at any time by emailing privacy@aminochain.io and requesting Account deletion. Please note that it will take thirty (30) days for Account and related data deletion. Certain AminoChain Services may have additional methods to cancel your specific Account with that service. Additional terms regarding Account termination may apply to certain AminoChain Services.
Upon any termination, discontinuation, or cancellation of the AminoChain Services or your Account, the following provisions of these Terms will survive: Sections 1, 3, 5 - 11.
7.0 Disclaimers
7.1 General Disclaimers.
You understand that we cannot and do not guarantee or warrant that files available for accessing or downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR (A) ANY LOSS OF DATA (INCLUDING WITHOUT LIMITATION HEALTH INFORMATION) OR OTHER DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OR ACCESS TO INFORMATION OBTAINED THROUGH THE AMINOCHAIN SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED OR LINKED TO THE AMINOCHAIN SERVICES, (B) ANY IDENTIFICATION, MISIDENTIFICATION, OR IMPERSONATION OF ANY USER OF THE AMINOCHAIN SERVICES, OR (C) ANY LOSS OR DAMAGE ARISING FROM OR IN ANY MANNER IN CONNECTION WITH THESE TERMS.
THE AMINOCHAIN SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “WHERE IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the AminoChain Services or any Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis or will be free of viruses. We make no warranty or representation regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or Content on the AminoChain Services. We do not warrant or represent that any defects in the AminoChain Services will be corrected.
7.2 Medical Disclaimers.
The AminoChain Services do NOT provide medical advice. The AminoChain Services are not intended to be a substitute for professional medical advice and should not be relied on as health or personal advice. Always seek the guidance of a healthcare professional with any questions you may have regarding your health or a medical condition. Never disregard the advice of a professional, or delay in seeking it because of something you have read on the AminoChain Services.
THE AMINOCHAIN SERVICES ARE NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE THE RELATIONSHIP BETWEEN HEALTHCARE PROFESSIONALS AND PATIENTS OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR LIFE-THREATENING SITUATION, CALL YOUR HEALTHCARE PROFESSIONAL AND GO TO THE NEAREST HOSPITAL OR EMERGENCY ROOM. FURTHER, YOU ACKNOWLEDGE THAT IF YOU USE THE AMINOCHAIN SERVICES DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. WE ARE NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION OR CONTENT MADE AVAILABLE THE AMINOCHAIN SERVICES.
8.0 Indemnity
You will indemnify, defend, and hold harmless AminoChain, its affiliates and their respective officers, directors, employees, shareholders, contractors, and agents, from and against any and all claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use or misuse of the AminoChain Services or any Content; (b) Your Content; (c) your violation of these Terms or of any applicable regulation or law in connection with the AminoChain Services or these Terms; or (d) acts or omissions of any third party related to your Account(s) or your use of the AminoChain Services, Your Content, or other Content.
9.0 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER AMINOCHAIN NOR ITS SERVICE PROVIDERS OR THIRD PARTIES INVOLVED IN CREATING, PRODUCING, PROMOTING, OR DELIVERING THE AMINOCHAIN SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, MULTIPLE OF DAMAGES, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OR INABILITY TO USE THE AMINOCHAIN SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AMINOCHAIN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF AMINOCHAIN, ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, AGENTS, OFFICERS, AND DIRECTORS, TO YOU OR ANY THIRD PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100.00). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AMINOCHAIN AND YOU.
10.0 Dispute Resolution
10.1 Governing law.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware including any conflicts of law provisions of the laws of the State of Delaware.
10.2 Class waiver.
YOU AND AMINOCHAIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. If the parties’ Dispute is resolved through arbitration, the arbitrator shall not consolidate another person’s claims or otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this “Dispute Resolution” section shall be null and void.
10.3 Mandatory Arbitration.
The parties hereto agree that any claim, controversy, or dispute arising out of or relating to these Terms, or the breach, enforcement, interpretation, termination, or validity of these Terms, or use of the AminoChain Services (collectively “Disputes”) will be resolved solely by binding, individual arbitration, except that you and AminoChain retain the right to: (a) bring an individual action in small claims court if it qualifies; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent (or enjoin) the infringement or misappropriation of a party’s patent, copyright, trademark, trade secret, or other intellectual property rights. The arbitration will be administered by the AMERICAN ARBITRATION ASSOCIATION ("AAA") in accordance with the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes (the "AAA Rules") then in effect. A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the AAA Rules. The parties agree that the arbitrator will have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this Section 10, and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within ten (10) days of delivery of the demand for arbitration, then either party may request that the AAA appoint the arbitrator in accordance with AAA Rules. The arbitration shall be held in the State of New York and the arbitration proceedings shall be conducted in English. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. The prevailing party in any Dispute arising out of these Terms shall be entitled to recover their reasonable attorneys' fees, costs, and expenses from the non-prevailing party.
10.4 Injunctive and declaratory relief.
The court of competent jurisdiction hearing any dispute shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
10.5 Severability.
Except as provided in Section 10.2 of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms are invalid or unenforceable, the other parts of these Terms will still apply.
11.0 General terms
11.1 Whole agreement.
These Terms, including the Privacy Notice and any additional terms referenced herein, supersede and replace any and all prior oral or written understandings or agreements between AminoChain and you regarding the AminoChain Services.
11.2 Survivability.
With the exception of any of the provisions in the “Class Waiver” subsection above, if any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the "Dispute Resolution" section above or by court of competent jurisdiction), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
11.3 Assignment rights.
You may not assign or transfer your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and void. AminoChain may freely assign or transfer its rights or obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
11.4 Notices.
To the fullest extent of the law, any notices or other communications provided by AminoChain under these Terms, including those regarding modifications, will be given to you by via email or by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
11.5 No waiver.
AminoChain’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AminoChain. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
11.6 Force Majeure.
If either party is wholly or partly unable to perform its obligations under these Terms by reason of any event beyond its reasonable control, including but not limited to fire, flood, earthquake, civil disturbance, war rationing, embargoes, strikes or lockouts, acts of God, or acts of government, such party shall be relieved of such obligations to the extent, and for the period, that it is affected by the force majeure event.
11.7 Captions.
The captions in these Terms are for convenience of reference only and shall not govern the interpretation of any of the provisions hereof.
11.8 Equitable Relief.
You agree that breach of the provisions of these Terms would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of these Terms by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of these Terms.
12.0 Questions or Feedback
We welcome questions and feedback via email at privacy@aminochain.io.
