PHENOMETRIX PRIVACY POLICY

Updated: September 1, 2021

Introduction

Welcome! This Privacy Policy applies to websites owned and operated by Phenometrix LLC (“Phenometrix,” “we,” “us” or “our”), including phenometrix.ai, faceCODE.ai, and faceCODE.app and their subdomains (the “Websites” or “Sites”) as well as our software applications and APIs (faceCODE.app, faceScript, MyPersonality) and their mobile versions (the “Apps”), and all portals, products, goods, services, events, and interactive features, or other services controlled by us (collectively, the “Services”) that post a link to this Privacy Policy.  The Sites, Apps, and Services are sometimes collectively referred to as the “Platform.”

All references to “you,” “your” or “User” in this Privacy Policy means the person that registers for, accesses, or uses the Site, App, or the Platform. If you use or access the Platform on behalf of an entity or individual, you represent and warrant that you have the authority to bind that entity or individual, and “you” and “your” refers to that entity or individual as well.

At Phenometrix, we value your privacy. This Privacy Policy is expressly incorporated into our Terms and Conditions (“Terms”) and governs information that we collect from you on the Platform, as well as through other online and offline communications with Phenometrix.  If you have questions about this Privacy Policy, contact us at legal@phenometrix.ai.

As a preliminary matter, we handle all information you provide us with the utmost care. We expressly ask for your consent to use the information that you upload into our Sites.  At times, we may need to disclose your personal information to third parties outside the company who may be assisting us with providing Services to you, as set forth in this Policy.

Please note that if you voluntarily provide your information in the course of interfacing with the Site or using our Services, we will take that as your agreement to our collection, use, and disclosure of your information as set forth in this Privacy Policy.

This Privacy Policy does not apply to any products, goods, services, websites, or content that are offered by third parties (“Third Party Services”), which are governed by their respective privacy policies.

1.       What Information We Collect

We may collect information about you when you visit our Platform or otherwise interact with us or our Services.

a.    Information You Provide to Us

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”). During your use of the Services, we may collect Personal Information such as:

• Your first and last name, email address, home or business address, billing address, telephone number, mobile number, credit card or debit card number, bank account or other payment and financial information, your payment and/or service history;
• Information about your gender or gender identification;
• Your likeness as depicted in any photograph or face image submitted to us;
• Your employer and/or job title;
• Additional identification, such as a passport or legal government identification, if we need to verify your identity for a data subject request under applicable data privacy laws;
• Information that you share via the Contact Us function on the Site (please note that we do not collect consumer information via the Site’s Contact Us function unless you provide it); and/or
• Other information that could reasonably be used to identify you personally or identify your household or

We may also obtain Personal Information from you where you expressly provide us with the information. Examples of sources from which we collect information include telephone calls with you, letters, e-mails or other communications from you, information provided via online chat or support services, web forms or inputs/uploads into our Site, or documents/photographs you have provided to us.

Your decision to provide us with Personal Information is voluntary, but if you choose not to provide any requested information, you may not be able to take advantage of all the features of the Platform. 

b.    Information That Is Automatically Collected

Like many businesses, we and/or our service providers may automatically collect and/or store certain information when you visit or interact with the Site (“Usage Information”). This Usage Information may be stored and/or accessed from your personal computer, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Site or Platform. Usage Information may include:

• Your IP address, IDFA, Android/Google Advertising ID, IMEI, or another unique identifier;
• Your Device functionality (including browser, browser language, operating system, hardware, mobile network information);
• Referring and exit web pages and URLs;
• The areas within the Site that you visit and your activities there, including remembering you and your preferences;
• Your Device location or other geolocation information, including the zip code, state or country from which you accessed the Services;
• Your Device characteristics; and
• Certain other Device data, including the time of day you visit our Site or other information used to provide analytics or other usage information.

For location information, we may use this information to provide customized Services, Languages, content, promotional offers, and other information that may be of interest to you.

If you no longer wish for us or our service providers to collect and use location information, you may disable the location features on your device. Consult your device manufacturer settings for instructions. Please note that if you disable such features, your ability to access certain features, Services, content, promotions, or products may be limited or disabled.

c.     Information from Third Parties

The Site may include functionality that allows certain kinds of interactions between the Site and your account on a third-party website or application. The use of this functionality may involve the third-party site providing information to us or us providing information to the third party. For example, we may provide links on the Site to facilitate sending a communication from the Site, or we may use third parties to facilitate emails or postings to social media (like a “Share” or “Forward” button). These third parties may retain any information used or provided in any such communications or activities and these third parties’ practices are not subject to our Privacy Policy. We may not control or have access to your communications through these third parties. Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should read the applicable third-party privacy policies before using such third-party tools on our Site. Please also see our Terms and Conditions for further information.

2.       How We Use Your Information 

We may use your information for various purposes, including the following:

• Creating and maintaining a User’s Account;
• Responding to your requests for information;
• Providing our products or Services to you, or updating you on the status of an order, including but not limited to processing your Personal Information and preparing an analysis of your photograph or facial characteristics to identify personality traits or tendencies;
• Verifying your identity and for fraud prevention;
• Processing your payments (we use a third-party processor for payments and never retain your payment card information);
• Providing you with updates and information about products and Services we provide;
• Sending you marketing information about Phenometrix or our affiliated entities and Apps;
• Sending you email communications such as electronic newsletters about our Services, events and promotions, as well as periodic customer satisfaction, market research or quality assurance surveys that may be of interest to you;
• Improving the effectiveness of our Site, our marketing endeavors, and our product and service offerings;
• Customizing your experience on the Site;
• Identifying your product and service preferences, providing personalized content and ads and informing you of new or additional information, products and services that may be of interest to you;
• Helping us address problems with and improve our Site and our products and services, including testing and creating new products, features, and services;
• Protecting the security and integrity of the Site, including understanding and resolving any technical and security issues reported on our Site;
• Engaging in analysis, research, and reports regarding the use of our Site and Services;
• For internal business purposes, including but not limited to evaluating your employment application or administering employee benefits, such as medical, dental, commuter and retirement benefits, including recording and processing eligibility of dependents, absence and leave monitoring, insurance and accident management, rewards or discount programs offered to employees;
• Complying with the law and protecting the safety, rights, property or security of PHENOMETRIX, the Services, and the general public; and
• For other purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

3.       Disclosure of Your Information

As a preliminary matter, we do not sell, rent, or lease our customer lists to third parties for their use for marketing or any other purpose.  However, we may need to share your information, including your Personal Information, with our affiliates, service providers, business associates, and other third parties that perform essential services for us; for example, a payment processor, a cloud-service or internet service provider, an email marketing vendor, a customer service provider, or entities that handle other business functions for us.

As permitted by law, we insist that these partners follow the same rules and standards with respect to your personal information as we do, and we typically have a contractual agreement in place with the other party which prohibits them from disclosing or using the information other than for the purposes for which it was disclosed.

If you are a resident or citizen of the European Economic Area (“EEA”) or California, you may have additional rights with respect to the transmission of your information for this purpose. Please see the sections entitled “Your Rights Under GDPR” or “Your California Privacy Rights” below for more information. We may also share the information we have collected about you, including Personal Information, as may be disclosed at the time you provide the information in addition to as described in this Privacy Policy.

We may aggregate, de-identify, and/or anonymize any information collected through the Site or Services such that such information is no longer linked to your Personal Information. We then can use and share this aggregated and anonymized information (which is no longer Personal Information) for any purpose, including without limitation, for research and marketing purposes, analytics, and may also share such data with  our affiliates and third parties, including advertisers, promotional partners and others.

Certain Personal Information about you may also be disclosed in the following situations:

• To comply with a validly issued and enforceable subpoena or summons;
• As necessary to properly comply with or respond to an inquiry or complaint from a federal or state agency;
• In conjunction with a prospective purchase, sale, or merger of all or part of our practice, provided that we take appropriate precautions (for example, through a written confidentiality agreement) so the prospective purchaser or merger partner does not disclose information obtained in the course of the review; and
• As a part of any actual or threatened legal proceedings or alternative dispute resolution proceedings either initiated by or against us, provided we disclose only the information necessary to file, pursue, or defend against the lawsuit and take reasonable precautions to ensure that the information disclosed does not become a matter of public record.

4.       Cookies and Other Tracking Technologies

We may use various methods and technologies to store or collect information about you (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies used on the Site, include, but are not limited to, the following (as well as future-developed tracking technology or methods that are not listed here):

• Cookies. Cookies are pieces of data stored directly on the computer or mobile device that you are using. Cookies allow us to collect data such as browser type, time spent on the Online Services, pages visited, referring URL, language preferences, and other aggregated traffic data.
• Web Beacons. A Web Beacon is a small tag (which may be invisible to you) that may be placed on our Site’s pages and messages.
• Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on.
• ETag, or entity tag. An Etag or entity tag is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL.
• Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
• Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (g., that a user of multiple devices is the same user).

We may use Tracking Technologies for a variety of purposes, including:

• To allow you to use and access the Site, including for the prevention of fraudulent activity and improved security functionality;
• To facilitate navigation, display data more effectively, collect statistical data, personalize your experience while using the Online Services and recognize your computer to assist your use of the Online Services;
• To assess the performance of the Site, including as part of our analytics practices or otherwise to improve the design and functionality, content, products or services offered through the Site;
• To offer you enhanced functionality when accessing the Site, including identifying you when you sign into our Site or keeping track of your specified preferences or to track your online activities over time and across third-party sites; and
• To deliver content relevant to your interests on our Site and third-party sites based on how you interact with our content.

You can choose whether to accept cookies by changing the settings on your browser. If you choose not to enable cookies, you will still be able to browse our Site, but doing so will restrict some of the functionality of our Site and what you can do.

You can set your web browser to alert you when a cookie is being used. You can also get information on the duration of the cookie and what server your data is being returned to. You then can accept or reject the cookie. Additionally, you can set your browser to refuse all cookies or accept only cookies returned to the originating servers.

You can opt in or out of cookies at any time – except strictly necessary cookies (these are used to help make our website work efficiently).

You can enable or disable cookies in your browser. If you wish to restrict or block the cookies set by any website – you can do this through the web browser settings for each web browser you use, on each device you use to access the internet. Some of the more popular browsers (and links to manage your cookies on each) are:

• Internet Explorer
• Firefox
• Safari
• Google Chrome

Information on controlling and deleting cookies, including on a wide variety of browsers, is also available at allaboutcookies.org.

If you choose not to enable cookies, you will still be able to browse our Site, but it will restrict some of the functionality of our Site and what you can do.

Some services may not function or may have more limited functionality if your web browser does not accept cookies. However, you can allow cookies from specific websites by making them ‘trusted websites’ in your web browser.

If you want to opt-out of cookies across different advertising networks, the Network Advertising Initiative website – www.networkadvertising.org – has more information and guidance.

If you don’t wish to accept cookies from one of our emails, you can choose not to download any images or click on any links. You can also set your browser to restrict cookies or to reject them entirely. These settings will apply to all cookies, whether included on websites or in emails. Depending on your email or browser settings, cookies in an email may sometimes be automatically accepted (for example, when you’ve added an email address to your address book or safe senders list). For more information, refer to your email browser or device instructions.

We may also collect data through Google Analytics, Adobe Analytics, and Monsido, which use cookies and technologies to collect and analyze data about use of the Services. These services collect data regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/ and opt out by downloading the Google Analytics opt out browser add-on, available at https://tools.google.com/dlpage/gaoptout. You can learn more about Adobe and opt out by visiting http://www.adobe.com/privacy/opt-out.html.  You can learn more about Monsido and opt out by visiting https://monsido.com/cookie-policy.

5.       Do Not Track Signals

Do Not Track (“DNT”) is a web browser setting that requests that a web application disable its tracking of an individual user. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, analytics companies, ad networks, plug in providers, and other web services you encounter while browsing to stop tracking your activity. Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals), but there is no universally agreed-upon standard for what a company should do when it detects a DNT signal. Currently, we do not monitor or take any action with respect to these signals or other mechanisms. You can learn more about Do Not Track here.

6.       Ads and Information About You

You may see certain ads on our Site because we participate in advertising networks administered by third parties. These networks track your online activities over time and across third party websites and online services by collecting information through automated means, including through the use of the Tracking Technologies described above, and they use this information to show you advertisements that are tailored to your individual interests. The information they collect includes information about your visits to our Site(s), such as the pages you have viewed. This collection and ad targeting takes place both on our Site(s) and on third-party websites that participate in the ad network. This process also helps us track the effectiveness of our communications and marketing efforts. You may be able to limit or opt out of this type of behavioral advertising by changing the settings on your device or has otherwise set forth in the Privacy Policy. Any action to limit or opt-out may not decrease the number of advertisements you see, but may make them less relevant to your user experience. 

7.       Your Choices About the Information We Collect

You have choices when it comes to how we use your information, and we want to ensure you have the information to make the choices that are right for you.

If you no longer want to receive marketing-related emails, you may opt out by following the instructions in any such email you receive from us, by changing your user settings inside our apps, or contacting us at legal@phenometrix.ai.

If you would prefer that we not share your name and mailing address with third parties (other than with our affiliates) to receive promotional offers, you have the option to opt out of such sharing. To do so, please email us at legal@phenometrix.ai. Your choice will not affect our ability to share information in the other ways described in this Privacy Policy.

If you are a resident or citizen of the European Economic Area (“EEA”) or California, you may have additional rights with respect to your Personal Information. Please see the sections entitled “Your Rights Under GDPR” or “Your California Privacy Rights” below for more information

8.       Your Rights Under the General Data Protection Regulation (“GDPR”)

If you are a resident of or located within the European Economic Area (“EEA”), you have certain additional data protection rights. These rights include:

• The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Information by contacting us at the contact information below.
• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
• The right to object. You have the right to object to our processing of your Personal Information.
• The right of restriction. You have the right to request that we restrict the processing of your personal information.
• The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable, and commonly used format.
• The right to withdraw consent. You also have the right to withdraw your consent at any time where Phenometrix relied on your consent to process your personal information.

d.    Legal Basis for Processing Personal Information Under GDPR

In most instances, Phenometrix is a processor of Personal Information – we process information at the express direction of the User, who retains all rights to control, delete, or modify the information. Phenometrix’s legal basis for collecting and using the Personal Information described in this Privacy Notice depends on the Personal Information we collect and the specific context in which we collect it.

Phenometrix may collect or process your Personal Information because:

• We need to provide a service to you;
• You have given us your consent to do so;
• The processing is in our legitimate interests and it is not overridden by your rights; or
• To comply with the law.

e.    Retention of Information

Phenometrix will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your Information to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

Phenometrix will also retain Personal Information and usage data for internal analysis purposes., as set forth in this Privacy Policy – usually this means that if you have given consent for us to use your Personal Information, your Personal Information will be retained until you revoke your consent.  You may revoke your consent at any time by cancelling your account or by deleting images from your Account.

Usage Data is data collected automatically either generated by the use of the Site or from the Site infrastructure itself (for example, the duration of a page visit). Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Site or we are legally obligated to retain this data for longer periods.

f.     Disclosure of Personal Information

See Section 3 above regarding the instances in which we disclose your Personal Information. 

g.    Legal Requirements

Phenometrix may disclose your Personal Information in the good faith belief that such action is necessary to:

• To comply with a legal obligation;
• To protect and defend the rights or property of Phenometrix;
• To prevent or investigate possible wrongdoing in connection with the Service;
• To protect the personal safety of users of the Service or the public; and/or
• To protect against legal liability.

h.    Exercising Your Rights Under GDPR

If applicable, you may exercise any of your rights under the GDPR by submitting a verifiable data subject request to us by using the details in the Contact Information section below. You may make a request related to your personal information or on behalf of someone for which you have authorization. You must include your full name, email address, and attest to the fact that you are a citizen or resident of the EEA by including your country of citizenship or residence in your request. We may require you to confirm your identity and/or legal standing for the request as well as your residency in the EEA in order to obtain the information. We will respond to your request within 30 days or let you know if we need additional time.

Please note that we will ask you to verify your identity before responding to such requests, and we may deny your request if we are unable to verify your identity or authority to make the request.

Should you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority; however, we hope that we can assist with any queries or concerns you may have about our use of your Personal Information first by contacting us at legal@phenometrix.ai.

For more information about GDPR, please contact your local data protection authority in the EEA.

9.       Your California Privacy Rights

This section of the Privacy Policy applies solely to California residents. We adopt this Policy to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Reform Act (“CPRA”). Any terms defined in the CCPA or CPRA have the same meaning when used in this Section.

California residents have the following rights:

• The right to know what personal information is being collected about you;
• The right to know whether your personal information is sold or disclosed and to whom;
• The right to access your personal information;
• The right, in certain circumstances, to delete the information you have provided to us;
• The right to correct your personal information;
• The right to limit use of sensitive personal information;
• Right to reject automated decision making and profiling;
• Right to access information about automated decision making;
• The right to opt out of the sale of personal information; and
• The right not to be discriminated against, even if you exercise your privacy rights.

Phenometrix collects certain types of personal information about you during your relationship with us, as stated above. In particular, our Site has collected the following categories of Personal Information from consumers within the last twelve (12) months:

a.    Request for Information or Deletion

California consumers have the right to request, under certain circumstances, that a business that collects personal information about the consumer disclose to the consumer the information listed below for the preceding 12 months:

• The categories of personal information collected about you;
• The categories of sources from which we collected your personal information;
• The categories of personal information that we have sold or disclosed about you for a business purpose;
• The categories of third parties to whom your personal information was disclosed for a business purpose;
• Our business or commercial purpose for collecting or selling your personal information; and
• The specific pieces of personal information we have collected about you.

Please note that if we collected information about you for a single one-time transaction and do not keep that information in the ordinary course of business, that information will not be retained for purposes of a request under this section. In addition, if we have de-identified or anonymized data about you, we are not required to re-identify or otherwise link your identity to that data if it is not otherwise maintained that way in our records.

You can also request that we delete your personal information. There may be certain exceptions to our obligation to delete your information such as if you have an existing account or transaction with us or if we have a legitimate business reason to keep your information. 

b.    Do Not Sell My Personal Information

As a California resident, you also have the right, at any time, to tell us not to sell personal information – this is called the “right to opt-out” of the sale of personal information. At this time, we do not sell our consumers’ personal information to any third parties. We will, however, honor your request to opt out of any marketing emails or correspondence. 

c.     Right to Limit Use of Sensitive Personal Information

California consumers have the right to limit the use of each type of sensitive personal information for each purpose with each type of third-party partner. Consumers can revoke this permission at any time. You may contact us at the information below to exercise this right.

d.    Right Not to Be Discriminated Against

We will not discriminate against you for exercising any of your rights under the CCPA or CPRA. Unless permitted by California law, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, as permitted by California law, we may offer certain financial incentives that can result in different prices, rates, or quality levels. Any permitted financial incentive we offer will reasonably relate to the value of your Personal Information. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

e.    Third Party Marketing

California Civil Code Section 1798.83 permits our users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. We do not currently disclose personal information protected under this section to third parties for their own direct marketing purposes.

f.     Exercising Your California Privacy Rights

You or your authorized agent may make a request to access, correct, delete or opt-out of the sale of your information by contacting us as follows:

• Email Address legal@phenometrix.ai
• Telephone Number: 1 214 216 6055

If you use an authorized agent to submit your request, we may require proof of the written authorization you have given. We also may require you to confirm your identity and your residency in order to obtain the information, and you are only entitled to make this request twice in a 12-month period. For emails, please include “California Privacy Rights” as the subject line. You must include your full name, email address, and attest to the fact that you are a California resident. We will acknowledge your request within 10 days and respond to your request within 45 days or let you know if we need additional time. If you make this request by telephone, we may also ask you to provide the request in writing so that we may verify your identity. If we are unable to honor your request for any reason, we will notify you of the reason within the request time period.

10.   Children’s Privacy

At Phenometrix, we believe children’s privacy is of utmost importance. As a result, our Sites are not intended for use by children under the age of 16. You are not permitted to upload photographs of children under the age of 16. Phenometrix does not request, or knowingly collect, any personally identifiable information from children under the age of 16. If you are the parent or guardian of a child under 16 whose information you believe has been provided to us, please contact us at legal@phenometrix.ai to request the immediate deletion of that information. 

11.   Security

We use reasonable organizational, technical and administrative measures to protect Personal Information. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Contact Us” section, below. 

12.   Links to Other Web Sites

For your convenience, the Site and this Privacy Policy may contain links to other websites. Phenometrix is not responsible for the privacy practices, advertising, products, services, or the content of such other websites. None of the links on the Site should be deemed to imply that Phenometrix endorses or has any affiliation with the links. Please see our Terms and Conditions for more information.

13.   Updating Personal Information

We prefer to keep your Personal Information accurate and up to date. If you would like to change your contact information, please contact us a legal@phenometrix.ai. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records).

14.   International Data Transfers

We operate in and use service providers located in the United States, however, because Phenometrix works with global companies and technologies, your Personal Information may be transferred outside of the country in which it was originally provided. This may include transfers to third parties, such as service providers or affiliated entities who are located outside the United States or the European Union, where data protection laws may not offer the same level of protection as those in the United States. When we transfer Personal Information outside of these areas, we take steps to make sure that appropriate safeguards are in place to protect your personal information, by using Standard Contractual Clauses (if appropriate) or written agreements.

15.   Changes in Privacy Policy

We may elect to change or amend our Privacy Policy; in such event, we will post the policy changes in our Privacy Policy on the Site, and they will become effective on the date posted. If you are concerned about how your personal information is used, please visit our Site often for this and other important announcements and updates.

16.   Contact Us

If you have any questions about this Privacy Policy, please contact us as follows:

• Contact Us: https://phenometrix.ai/contactus/
• Email Address: legal@phenometrix.ai
• Telephone: 1 214 216 6055
• Address: Phenometrix LLC

          5830 Granite Parkway Suite #100-302

          Plano, TX  75024 USA

TERMS & CONDITIONS of USE

 Effective: September 1, 2021

Welcome.  You have reached a website owned and operated by Phenometrix LLC (“Phenometrix,” “we,” “us,” or “our”). Please review this page carefully. These Terms and Conditions of Use (“Terms”) constitute a legal contract between you and Phenometrix and set forth the terms and conditions under which you are authorized to use our websites (phenometrix.ai and faceCODE.ai), and their subdomains (collectively, the “Websites” or “Sites”), our software applications and APIs (e.g., Phenometrix, faceCODE, faceCODE.app, faceScript, MyPersonality.ai) and their mobile versions (the “Apps”), and all portals, products, goods, services, events, and interactive features, or other services controlled by us (the “Services”) that post a link to these Terms (the Sites, Apps, and Services are sometimes collectively referred to as the “Platform”). 

All references to “you,” “your” or “User” in these Terms mean the person that registers for, accesses, or uses the Site, App, or the Platform. If you use or access the Platform on behalf of an entity or individual, you represent and warrant that you have the authority to bind that entity or individual, and “you” and “your” refers to that entity or individual as well.

By using the Platform, you agree to be bound by and comply with these Terms. We may change these Terms or modify any features of the Platform at any time. The most current version of the Terms can be viewed by clicking on the “Terms and Conditions” link posted through the Website. You accept any changes to the Terms by continuing to use the Platform after we post the changes. If you do not agree to the Terms, do not use our Platform. Please note that these Terms contain an arbitration provision and waiver of class action and jury trial.

1.       Privacy Policy and Other Guidelines

Our Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms. By using the Platform, you indicate that you understand and consent to the collection, use and disclosure of your information as described in our Privacy Policy. From time to time, you may be asked to consent to other policies or terms and conditions in addition to these Terms before continuing to use the Platform. To the extent that those additional rules and guidelines affect your use of the Platform, those rules and guidelines are hereby incorporated by reference into these Terms.

2.       Consent to Electronic Communications

By using the Platform, you consent to receive electronic communications from Phenometrix, and you agree that any notices, agreements, disclosures or other communications that  we provide to you electronically, via email and on the Sites or the Platform, will satisfy any legal requirement that such communications be in writing. 

3.       Use of the Platform

While the applications we provide are based in science and technology, the Services provided on the phenometrix.ai, faceCODE.ai and faceCODE.app Websites and throughout the Platform are intended for informational, entertainment, and educational use only. The Services will analyze biometric information in a photograph of the User’s face to provide insight into genetic personality traits that may affect how we work, play, and socialize. The personality information and content that is available through the Platform are provided “as-is” and are subject to the disclaimers and other terms set forth herein. The personality information and content are not intended to be used as the basis for any healthcare or psychological diagnosis, or as a substitute for obtaining medical advice or treatment from a competent physician, mental health professional, or other health care practitioner. Phenometrix is not a healthcare provider or a covered entity and any results obtained through the Platform are not considered protected health information under HIPAA laws. Giving, receiving or using the content on this Site or via this Platform or via electronic communications does not constitute or create a caregiver-patient relationship. You should not take any health care action based upon results or content received through the Platform without first obtaining appropriate and independent guidance from a physician, mental health professional, or other health care practitioner. 

4.       Consent Required for Photo Upload; Not Available in IL or EEA

Phenometrix’s Users are responsible for obtaining any consent necessary for the photographs they upload to our Platform, and for the processing of any Personal Information (as defined in the Privacy Policy) contained within or related to those photographs. Phenometrix processes the information provided by the User solely at the direction of the User. By uploading a photograph to the Platform, you represent and warrant that you have the permission of the person depicted in the photograph and that you have a legally permissible reason to upload the photograph of the person in the photograph. Phenometrix does not independently verify that the Account holder is the person depicted in the photograph and does not request additional Personal Information to identify the person depicted in the photograph (e.g., name or contact information).

In using the Platform, you must comply with all applicable federal and state laws relating to the use of such photographs (including but not limited to laws relating to the right of privacy or publicity, non-discrimination, or constitutionally protected physical characteristics). We recommend that you obtain and preserve written consent from the subject of any photograph you intend to upload to the Platform. You will be required to indemnify and hold harmless Phenometrix (as set forth below in the “Indemnity” section) for any claim by a third party that their information was improperly uploaded without consent. You further agree to cooperate with us in any investigation of unauthorized use of a photograph.

Please note: these Services currently are not available to Users in Illinois or within the European Economic Area (“EEA”). If you are located within the state of Illinois or have an Illinois residence address,  or are a resident or citizen of any country in the European Union or EEA, you may not use our Services. If you are a resident of one of these areas and did not disclose your state/country of residence at the time of creating an account, you may contact us at legal@phenometrix.ai for deletion of your account and a refund.

5.       Children’s Privacy

At Phenometrix, we believe children’s privacy is of utmost importance. As a result, our Platform is not intended for those under the age of 16 – if you access our Platform and Services, you represent and warrant that you are at least 16 years of age. Furthermore, you should not upload photographs of children under the age of 16. We do not knowingly collect information about individuals under the age of 16, and if you are a parent or guardian and learn that such a photo has been uploaded to our Site, you may request its deletion. Please see our Privacy Policy for more information.

6.       Account Creation

To access and use the Platform, we may require you to first register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete. If you create an Account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account. We therefore urge you not to share your Account credentials with anyone. We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Platform at any time and for any or no reason. Phenometrix will not be liable to you or any third party for any termination of your access to the Platform. If your status as a user of the Platform is terminated, you will (i) stop using the Platform and any information obtained from the Platform, and (ii) destroy all copies of your account information, password and any information obtained from the Platform.

7.       Free Accounts and Report Credits

Users can perform image analyses at no cost, but must first register in order to upload images to the Platform.  The service will display limited results for each image. Any Registered User can purchase credits that will unlock and display detailed reports. The detailed report may be unlocked by applying one report credit per image. Registered Users also have the option to save images to their Account for a period of 30 days, during which time they can decide whether to purchase the full report(s).

8.       Refunds

Refunds are only possible under limited conditions, such as when the report credits purchased have not been used to generate report results. Refunds are not available when the User has received an analysis report for the credit purchased, or if the User has deleted its account.  You may contact us at legal@phenometrix.ai for more information if you believe a refund is available for your account.

9.       User Content

Except as specifically requested, Phenometrix does not wish to receive any confidential, proprietary, or trade secret from you via the Platform (including via contact email or forms made available on the Platform). You remain fully responsible for the materials that you provide to us, including, without limitation, information, requests, creative works, pictures, photographs, letters, documents, demos, ideas, suggestions, reviews, concepts, methods, systems, designs, plans, techniques or other materials submitted, posted, uploaded, sent or otherwise transmitted to us (“User Content”). If you send Phenometrix any User Content, you grant Phenometrix a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) such User Content in any media now known or hereinafter invented, including for commercial purposes. In addition to the rights applicable to any User Content, when you post comments or reviews to our Platform or via mentions in social media, you also grant us the right to use the name, username, or profile that you submit with any comment, review, or other content, in connection with the comment, review or other content.

You agree not to provide User Content that:

• Infringes on the copyright, trademark, patent or other intellectual property right of any third party;
• Is false, misleading, libelous, defamatory, obscene, abusive, hateful or sexually explicit;
• Violates a third party’s right to privacy or publicity;
• Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
• Contains epithets or other language or material intended to intimidate or incite violence;
• Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;
• Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity; or
• Violates any applicable local, state, national or international law, or advocates illegal activity.

Since Phenometrix does not control the User Content posted on the Platform, we do not guarantee the truthfulness, integrity, suitability, or quality of the User Content, and we do not endorse such User Content.  We are not obligated to use your User Content and may delete, modify, reuse, move or remove any User Content at any time. We do not guarantee any confidentiality with respect to any User Content. Under no circumstances will Phenometrix be liable in any way for User Content made available through the Platform by you or any third party. 

The obligations that you have to us under these Terms shall survive termination of the Platform, any use by you of the Platform, as well as any User Content uploaded or sent through the Platform, or the termination of these Terms.

10.   Third Party Links and Content

The Platform may contain links to third-party content that take you outside of the Platform (“Linked Sites”). We do not control, endorse, sponsor, recommend or otherwise accept responsibility for such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You acknowledge and agree that we are not responsible for these parties’ use of information you provide them. You further acknowledge that any reliance on representations and warranties provided by any party other than Phenometrix will be at your own risk. Your use of Client websites and services will subject you to the terms of use and privacy policies posted on each site or service, and we encourage you to review those agreements before using those sites and services. 

In addition, we may use third party service providers (such as cloud-hosting services, third party payment processors, or email or newsletter marketing vendors) in order to provide our Services to you. In general, our sharing of your information with these third parties is controlled by a written agreement that each party may only use information you have provided in order to fulfill the transaction between you and us.  Additional information can be found in our Privacy Policy.

11.   Additional Terms and Conditions

In connection with your use of the Platform, you may occasionally be asked to consent to policies or terms and conditions in addition to these Terms. Please read any supplemental policies and terms carefully before making any use of such portions of the Platform. Any supplemental terms will not vary or replace these Terms regarding any use of the Platform unless otherwise expressly stated.

12.   Prohibited Conduct

You may not access or use, or attempt to access or use, the Platform to take any action that could harm us or any third party, interfere with the operation of the Platform, or in a manner that violates any law(s). For example, and without limitation, you may not:

• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
• Engage in unauthorized spidering, scraping or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
• Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Platform;
• Collect or store personal data about other users of the Platform or solicit personal information from any individual without proper rights or the consent of the individual;
• Use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity conducted on the Platform or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
• Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt or otherwise alter or interfere with (or attempt, encourage or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Platform. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
• Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• Upload or otherwise transmit any communication, software or material that contains a virus or is otherwise harmful to Phenometrix’s or its users’ computers or systems;
• Send or cause to be sent any communication (including email) to other users without their consent (e.g., “mailbombs” or “spamming”);
• Violate, or encourage any conduct that would violate, any applicable law or regulation;
• Engage in fraud or misuse of the Platform;
• Cause damage, embarrassment or adverse publicity to Phenometrix; or
• Engage in any other conduct that restricts or inhibits any person from using or enjoying the Platform or that, in our sole judgment, exposes us or any of our users, affiliates or any other third party to any liability, damages or detriment of any type.

Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Platform for any or no reason at any time without notice.

13.   Phenometrix API

For bulk and ongoing requests, Phenometrix has available an API for use for entities entering into a Service Agreement with Phenometrix. Separate Terms and Conditions apply. Please contact us at legal@phenometrix.ai for more information.

14.   Intellectual Property

This Platform contains content that is protected under the copyright, trademark and other intellectual property laws of the United States and other countries (“Content”) and these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or elsewhere indicated on the Website, all intellectual property rights in the Content are owned by us or our third-party licensors to the full extent permitted under United States and international intellectual property laws, including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel,” and arrangement of the Content. All third-party trademarks displayed on our Platform are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, any use of trademarks or links to the websites of third parties is not intended to imply that those third parties endorse or have any affiliation with Phenometrix. 

Your use of this Platform shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable intellectual property laws. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provided that you maintain any notices contained in the Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines or other proprietary rights notices. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify or otherwise exploit any part of the Platform, including the Phenometrix name and logo, the phenometrix.ai and/or the faceCODE.ai Sites or Apps, without our prior written consent. You may provide a link to the top page of the Website unless and until Phenometrix gives notice that you must discontinue linking to the Website. You may not store electronically any significant portion of Content from this Platform. The use of Content from this Platform on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without our prior written approval.

15.   Claims of Infringement

Phenometrix respects the intellectual property of others and requires that you do the same. In the event that you find content posted on our Platform that you believe infringes the copyright ownership or other intellectual property rights of you, your company, or any third party, you are requested to immediately contact Phenometrix’s Copyright Agent as described below, in accordance with the Digital Millennium Copyright Act (“DMCA”). Phenometrix will promptly respond to notices of alleged copyright infringement that are duly reported and Phenometrix will disable and/or remove access to the website for users who are repeat infringers. To report alleged infringement, please provide Phenometrix’s Copyright Agent the following information:

DMCA Notice of Alleged Infringement (“Notice”)

• Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
• Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
• Provide your mailing address, telephone number and, if available, email address.
• Include both of the following statements in the body of the Notice:
• “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
• “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
• Provide your full legal name and your electronic or physical signature.
• Deliver this Notice, with all items completed, to the Phenometrix Copyright Agent:

Phenometrix LLC

Attn: Legal Department

5830 Granite Parkway Suite# 100-302

Plano, TX  75024 USA

Email Address: Legal@phenometrix.ai  

subject line: “Phenometrix DMCA Notice”

or call 1 214 216 6055.

While Phenometrix considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

16.   Termination

You may terminate your account at any time, but will not receive a refund for any fees paid for purchased products. Please note that if you terminate your account, you will no longer have online access to the information from prior reports.  Phenometrix also may terminate your account at any time, without notice, based on your failure to pay for the Services, your reversal of payment for the Services, a breach of any of these Terms, your violation of applicable law, or if Phenometrix decides to discontinue offering the Services.

17.   Indemnification

You agree to defend, indemnify, and hold harmless Phenometrix, its officers, directors, affiliates, agents and employees, from and against any claims, losses, damages, fines, penalties or other liabilities, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your posting of any content on our Platform, or any other use of our Platform in a manner not permitted by these Terms, including without limitation, (i) your actual or alleged violation of any of these Terms, and/or (ii) your violation of any third party right, including any copyright, trademark, trade secret or privacy right related to your User Content (as applicable) or use of this Platform, or any other user of the Platform using your computer, mobile device, or account credentials.

18.   Disclaimer of Warranties

YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE PLATFORM OR THE INFORMATION, MATERIALS, GOODS OR SERVICES APPEARING OR OFFERED ON THE PLATFORM, ALL OF WHICH ARE PROVIDED “AS IS.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (1) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (3) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE PLATFORM; (4) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE PLATFORM OR OTHERWISE BY PHENOMETRIX; (5) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY PHENOMETRIX OR ANY THIRD PARTY; AND (6) WARRANTY OF TITLE. FURTHER, PHENOMETRIX DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, (1) THAT THE PLATFORM OR ANY EMAIL WE SEND YOU IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF OR BROWSING ON THE PLATFORM OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE PLATFORM; OR (2) THAT THE PLATFORM, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

19.   Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL PHENOMETRIX (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, EMPLOYEES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PLATFORM) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES AND LOST PROFITS, ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE PLATFORM, PLATFORM CONTENT, USER CONTENT OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF PHENOMETRIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL PHENOMETRIX’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE PLATFORM, THE WEBSITE, THE APPS, OR THE PLATFORM (WHETHER IN CONTRACT, TORT, NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY A CLIENT FOR PHENOMETRIX’S SERVICES IN THE TWELVE (12) MONTHS PRECEDING ANY CLAIM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PHENOMETRIX’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PHENOMETRIX DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE REMEDY IS TO STOP USING THE PLATFORM.

20.   Applicable Law; Jurisdiction

These Terms are governed by, and must be construed in accordance with, the laws of the United States and the State of Texas, as applicable, without resort to any conflict of laws provisions. By using the Platform, you waive any claims that may arise under the laws of other countries or territories.

21.   Dispute Resolution; Class Action and Jury Trial Waiver

With respect to any and all disputes arising out of or in connection with the Platform or these Terms (including, without limitation, the Privacy Policy or the enforceability of this dispute resolution provision), Phenometrix and you agree to first negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and Phenometrix do not resolve any dispute by informal negotiation within 60 days, then any unresolved controversy or claim will be resolved by either of the parties, by notice to the other, initiating binding arbitration in accordance with the Commercial Rules of the American Arbitration Association (“AAA”) at www.adr.org to take place in Dallas, Texas or via remote attendance, if available. The arbitration will take place before a single arbitrator in Dallas, Texas or such other venue agreed to by the parties, including a remote arbitration, if available. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed, and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously. Both you and Phenometrix understand that you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor Phenometrix will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding, regardless of any statute or law to the contrary. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect. 

You agree that Phenometrix is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision, and you and Phenometrix understand that you are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.  Such disputes that are not handled by arbitration shall be filed only in the state and federal courts located in the Eastern District of Texas and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

22.   Access Outside the United States

If you are visiting the Platform from a location outside of the United States, be advised that your information may be transferred from your location through and to servers located in the United States or elsewhere. The data protection laws in the United States and in other countries may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Platform or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information in the United States and in other countries. Please see our Privacy Policy for more information.

23.   Miscellaneous

You agree and understand that these Terms, together with any other applicable click-through agreements you may have entered into regarding our Platform, constitutes the entire agreement between Phenometrix and you regarding your use of the Platform, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment or agency relationship exists between you and Phenometrix as a result of these Terms or your access to and use of the Platform. You further agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by us with respect to such use.

24.   Contact Us

If you have any questions about the Terms, please feel free to contact us at:

Contact Us: https://phenometrix.ai/contactus

Email Address:  legal@phenometrix.ai

Address:      Phenometrix LLC

                     5830 Granite Parkway Suite# 100-302

                     Plano, TX  75024 USA

Telephone:  +1 214 216 6055