Peptrics software, solutions, services and websites (“the services”) are governed by this “Terms of Use” agreement (“this agreement”). By using or accessing the services, you agree to be bound and abide by the terms and conditions of this agreement. If you are using Peptrics on behalf of a legal entity, you are agreeing to these terms on behalf of that legal entity and you represent and warrant that you have the authority to agree to these terms on the legal entity’s behalf. Please note that if you use any email address owned or controlled by the legal entity as the primary or sole email address for your account, and choose to purchase any goods or services or are an administrator of a paid account, then (i) you are considered a representative of the legal entity, (ii) your acceptance of these terms will be deemed to bind this legal entity to this agreement, and (iii) the word “you” in this agreement will refer to the legal entity.

By continuing to use Peptrics after revisions become effective, you are agreeing to the revised agreement. If you do not agree to the revised agreement, please stop using Peptrics. By accessing or using Peptrics, you indicate your assent to be bound by this agreement. If you do not agree to this agreement, you should not access or use the services. Additionally, all information provided by you in connection with the services shall be subject to the Peptrics “Privacy Policy”, available at https://www.peptrics.com/privacy-policy/.

Age and Eligibility

You certify that you are a person at least 13 years of age. The services may only be used or accessed through an electronic device controlled of you at all times. A valid Peptrics account may only be created and maintained if you provide valid information about you in the registration or signup process and you regularly update such information to assure its accuracy. Peptrics reserves the right to terminate any account that does not include a valid email address on file. You shall be responsible for maintaining the confidentiality of usernames and passwords associated with your account. Each user must have unique login credentials that may not to be shared by multiple users. You are responsible for all activities that occur under your account.

Temporary Use License

During the period of using the services, you are granted a limited, revocable, non-exclusive and non-transferable license, without the right to sublicense, subject to the terms and conditions of this agreement, to access and use the services. You are not granted a license or any other right to copy or store any of the services (including any portion of the software or documentation) on any computer or other device without express permission of Peptrics. Peptrics shall own and retain all rights, title and interest in and to its services and related software, all improvements, enhancements or modifications thereto and all intellectual property rights associated with the foregoing. Except for the limited access rights expressly granted in this paragraph, you obtain no rights to the services or intellectual property rights by implication, estoppel or otherwise.

Your Content

By posting or publishing your content or transmitting your data through the services, you give us permission to display and distribute your content in order to provide the features, functionality of the services. By posting and publishing your content, you represent and warrant that your content does not infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right.

Peptrics does not allow any of the following content or links to such content, to be published:

• Content of an illegal nature.
• Content with the purpose of causing harm or inciting hate or content that could be reasonably considered as slanderous or libellous.

Your posting any of the above content on the services will result in a notice to your current email address on file. Normally a grace period of 72 hours to take corrective actions will be given, but you risk immediate account termination if we deem it necessary. A violation of this agreement can lead to termination and removal of your account without notice.

Peptrics shall have the right to collect and analyse data and other information relating to the provision, use and performance of various aspects of the services and related systems. Peptrics will use such data to administer, improve and develop its products and services and Peptrics may share aggregated information and anonymized information with third parties. You acknowledge that Peptrics may also share your content and information if the disclosure is necessary to comply with legal requirements.

Acceptable Use

The services of Peptrics may only be used for lawful purposes. Peptrics does not allow any of the following:

• Any person deemed to be using Peptrics other than its intended purpose will have their account immediately terminated and will have all data associated with the account permanently removed.
• You may not rent, lease, loan or sell access to or otherwise attempt to transfer any right of Peptrics (which includes its software and documentation) to a third party, through framing or any other method.
• You must not reverse engineer, reverse assemble or otherwise attempt to discover any programming code used in or with the services (where reverse engineering is permitted by applicable law obtaining such information as is necessary to achieve interoperability with our services, you agree to first requested such information from us).
• You must not modify, create derivative works based on or in any manner commercially exploit the services, in whole or in part.
• You must not interfere with or disrupt the services or any part thereof or create an undue burden on the infrastructure connected to the services.
• You must not introduce software or automated agents or scripts in order to produce multiple accounts, generate automated searches, requests or queries or to strip or mine content or data.
• You must not perform any benchmark tests relating to the services without express permission of Peptrics.
• Except for permitted use of our API, you may not access the services through automated methods and any other use of robots or other computer code which calls the services is absolutely forbidden.
• Peptrics infrastructure may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Peptrics. All messages transmitted via Peptrics should correctly identify the sender; you may not alter the attribution of origin in electronic mail messages or postings.
• You shall not attempt to undermine the security or integrity of Peptrics infrastructure, its partners or any other person and must not attempt to gain unauthorized access.

The final decision of whether an account is in violation of any of the above is at the sole discretion of the Peptrics management. You agree that violations by you or any person or entity acting under your account of the terms of this agreement will, in addition to any other remedies including criminal prosecution, result in termination of the services.

Additionally, violation of these terms or any of our policies may result in tracking information being stored to identify the offending person and permanent restriction from holding an account with us.

Peptrics Etiquette

You are prohibited from using Peptrics for the propagation, distribution, housing, processing, storing or otherwise handling any material in any way which Peptrics deems, in its sole discretion, to be objectionable. This also includes links or any connection to such materials. The designation of any materials as objectionable is left entirely to the sole discretion of the Peptrics management. Although Peptrics has no obligation to monitor your use of the services, Peptrics may do so and may prohibit any use it reasonably believes may be in violation of this agreement.

Embedded Links

The services may contain links to third-party websites. Such linked websites are not under our control and Peptrics is not responsible for their content.

Warranty Disclaimer

PEPTRICS SOFTWARE, SOLUTIONS, SERVICES AND WEBSITES (“THE SERVICES”) ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND PEPTRICS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PEPTRICS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES PEPTRICS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. PEPTRICS HAS NO OBLIGATION TO MONITOR, CONTROL OR VET USER CONTENT OR DATA AND PEPTRICS MAKES NO CLAIMS OR WARRANTIES ABOUT THE QUALITY, ACCURACY OR RELIABILITY OF THE SERVICES OFFERED, ITS SAFETY OR SECURITY OR THE INTEROPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Indemnity

You shall indemnify, defend and hold harmless Peptrics management and its employees, from and against all third party claims, losses, damages, costs and liabilities, including reasonable attorneys’ fees, arising out of or relating to your use of the services, your content or any products or services offered by you to a third party or obtained by you from a third party, via the services.

Limited Liability

PEPTRICS’ AGGREGATE LIABILITY FOR ALL CLAIMS, LOSSES, LIABILITIES OR DAMAGES IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS TO OR USE OF OR YOUR INABILITY TO ACCESS OR USE THE SERVICES, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF THE THEORY OF LIABILITY, IS LIMITED TO NO MORE THAN THE LESSER OF THE TOTAL FEES PAID BY YOU IN THE THEN-CURRENT MONTH OR ONE HUNDRED DOLLARS (US $100). ADDITIONALLY, PEPTRICS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR LOST PROFITS, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES.

Governing Law

This agreement shall be governed and construed in accordance with the laws of India without giving effect to conflict of law principles. You and Peptrics agree to submit to the personal and exclusive jurisdiction of the Courts of India, for the purpose of litigating all disputes.

Policies

You shall use the services only in compliance with Peptrics’ published policies then in effect including all applicable laws and regulations and Peptrics “Privacy Policy”, available at https://www.peptrics.com/privacy-policy/.

General

This agreement, together with any other agreements you have with Peptrics, constitute the entire and exclusive agreement between you and Peptrics regarding use of and access to the services. You may not assign or transfer this agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without prior consent. Peptrics may assign this agreement at any time without notice. The failure to require performance of any provision will not affect Peptrics’ right to require performance at any time thereafter nor will a waiver of any breach or default of this agreement or any provision of this agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. In the event that any part of this agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Neither Peptrics nor you will be in violation of this agreement if a failure to perform any obligation (other than failure to pay) is due to an event beyond such party’s control. Upon termination or expiration of this agreement, any provision that by its nature or express terms should survive will survive such termination or expiration

Consent to Electronic Communications

By using the services, you consent to receiving certain electronic communications from Peptrics and agree that any notices, agreements, disclosures or other communications that Peptrics sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Revisions

Peptrics reserves the right to modify the terms of this agreement by posting a revised version of this agreement on its websites. If you have created an account with Peptrics, Peptrics will electronic notice to you and such modifications to this agreement will be considered agreed to by you and shall apply only (a) to new services procured after the modifications; and (b) to continuing services for any renewal term(s) starting after notice of such modifications was provided or such earlier time as customer affirmatively accepts the modified terms.

Contact Information

If you have any questions regarding this agreement, please contact us at our email address - support{at}peptrics{dot}com.