Terms of Service

1. Acceptance of Terms

By accessing our website or using our biotechnology products and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use our services.

2. Services Description

Protogen Bio provides:

• Bioluminescent biosensors for environmental monitoring
• Genetically engineered organisms for environmental remediation
• Educational biotechnology kits and materials
• Research and development services
• Consulting services for biotechnology applications
• Custom organism development and synthetic biology solutions

3. Use of Services

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts. If using our services on behalf of an organization, you represent that you have authority to bind that organization.

3.2 Compliance Requirements

You agree to:

• Comply with all applicable laws, regulations, and biosafety guidelines
• Obtain necessary permits and approvals for using genetically modified organisms
• Follow proper containment and safety protocols
• Use our products only for lawful purposes
• Not reverse engineer or modify organisms beyond intended use

3.3 Prohibited Uses

You may not:

• Use our products for any illegal or unauthorized purpose
• Create biological weapons or harmful organisms
• Violate biosafety or environmental protection regulations
• Release engineered organisms without proper authorization
• Misrepresent the capabilities or safety of our products
• Infringe upon intellectual property rights

4. Intellectual Property

4.1 Our Intellectual Property

All content, designs, genetic sequences, protocols, and technologies developed by Protogen Bio are protected by intellectual property laws. This includes:

• Patents and patent applications
• Trademarks and trade names
• Copyrighted materials and documentation
• Trade secrets and proprietary information
• Genetic constructs and engineered organisms

4.2 License Grant

We grant you a limited, non-exclusive, non-transferable license to use our products and services in accordance with these Terms and any specific license agreements. This license does not include rights to:

• Reproduce or commercialize our organisms without permission
• Modify genetic sequences for redistribution
• Share proprietary protocols or materials
• Use our trademarks without authorization

5. Orders and Payment

5.1 Ordering Process

Orders are subject to acceptance and availability. We reserve the right to refuse or cancel orders for any reason, including regulatory restrictions or safety concerns.

5.2 Pricing and Payment

• Prices are subject to change without notice
• Payment is due upon order confirmation unless otherwise agreed
• We accept major credit cards and wire transfers
• All fees are non-refundable unless otherwise stated

5.3 Shipping and Delivery

Shipping of biological materials is subject to regulatory requirements. You are responsible for:

• Providing accurate shipping information
• Ensuring proper import/export permits
• Complying with customs regulations
• Proper storage upon receipt

6. Warranties and Disclaimers

6.1 Limited Warranty

We warrant that our products will perform substantially as described in our specifications when used properly. This warranty is limited to replacement or refund at our discretion.

6.2 Disclaimers

Our products and services are provided "as is" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy or completeness of information
• Uninterrupted or error-free operation

7. Limitation of Liability

To the maximum extent permitted by law, Protogen Bio shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Damages exceeding the amount paid for the specific product or service
• Any damages arising from improper use or handling of our products

These limitations apply regardless of the theory of liability and even if we have been advised of the possibility of such damages.

8. Indemnification

You agree to indemnify, defend, and hold harmless Protogen Bio, its officers, directors, employees, and partners from any claims, damages, losses, or expenses (including attorney's fees) arising from:

• Your use or misuse of our products or services
• Violation of these Terms or applicable laws
• Infringement of third-party rights
• Unauthorized release or modification of organisms
• Failure to follow safety protocols

9. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary information shared during the course of business. This includes:

• Research data and results
• Technical specifications and protocols
• Business strategies and plans
• Customer information
• Unpublished scientific findings

10. Research and Development

10.1 Collaborative Research

For collaborative research projects, separate agreements will govern intellectual property rights, publication rights, and commercialization terms.

10.2 Custom Development

Custom organism development is subject to additional terms, including development timelines, success criteria, and ownership of resulting intellectual property.

11. Termination

We may terminate or suspend your access to our services immediately, without prior notice, for:

• Breach of these Terms
• Violation of safety or regulatory requirements
• Suspected illegal or unethical use
• Non-payment of fees
• At our sole discretion for any reason

12. Governing Law and Disputes

12.1 Governing Law

These Terms are governed by the laws of the State of Florida, USA, without regard to conflict of law principles.

12.2 Dispute Resolution

Any disputes shall be resolved through binding arbitration in Florida, except for claims seeking injunctive relief for intellectual property violations, which may be brought in court.

13. General Provisions

13.1 Entire Agreement

These Terms constitute the entire agreement between you and Protogen Bio regarding the use of our services.

13.2 Severability

If any provision is found unenforceable, the remaining provisions shall continue in full force.

13.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

13.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

14. Updates to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified through our website or email. Continued use after changes constitutes acceptance of the modified Terms.

15. Contact Information

For questions about these Terms or our services: