Terms of Service

      Welcome, and thanks for your interest in Tiny Health! Tiny offers microbiome analysis for expecting and new mothers and infants. A baby’s microbes, inherited from mom at birth, are vital to the development of the immune system. In this light, Tiny is honored to provide a simple sample collection process, a wealth of actionable data, and personalized opportunities to learn more about the microbiomes of you and your child.

      These Terms of Service (hereinafter, the “Terms”) contain important terms, conditions, rights, restrictions, obligations, limitations, and exclusions regarding your use of our Services and Products. Furthermore, the Terms hereby incorporate Tiny’s Privacy Policy by reference in its entirety; any reference to the Terms shall embrace the Privacy Policy.

      PLEASE REVIEW THE TERMS VERY CAREFULLY.  If you have any questions, feedback, or concerns regarding the Terms, we urge you to contact us at legal@tinyhealth.com before proceeding with the use of our Services or Products.

     THESE TERMS CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND TINY REGARDING YOUR ACCESS TO AND USE OF OUR SERVICES AND PRODUCTS, INCLUDING BUT NOT LIMITED TO YOUR USE OF TINYHEALTH.COM (THE “SITE”) AND ANY PURCHASES AND USES OF PRODUCTS AND/OR SERVICES OFFERED BY TINY. BY ACCESSING AND/OR USING OUR SERVICES AND/OR PRODUCTS, YOU REPRESENT THAT YOU FULLY UNDERSTAND AND AGREE TO BE UNCONDITIONALLY BOUND BY THE TERMS.

     AN IMPORTANT NOTE: THESE TERMS REQUIRE THE BINDING ARBITRATION OF DISPUTES ON AN INDIVIDUALIZED BASIS.  BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY WAIVE YOUR RIGHTS TO: (A) SEEK RELIEF IN A COURT OF LAW; (B) HAVE DISPUTES DECIDED BY JUDGE OR JURY; AND (C) PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST TINY. PLEASE REVIEW SECTION 15 FOR MORE DETAILS.  

1. Definitions

a. “Tiny,” “Tiny Health,” the “Company,” “us,” “our,” and “we,” Seeding,” and “Seeding, Inc.”      all refer to Seeding, Inc., a Delaware corporation doing business as Tiny Health.

b. “You”, “your”, and “yourself,” and “User” refers to you, as an individual, plus any entity,      individual, and/or organization on whose behalf you are acting in connection with our      Services     (defined below).

c. “Party” means each of you and Tiny. Collectively, you and Tiny are the “Parties.”

d. “Affiliate(s)” refer to Tiny’s executives, employees, officers, directors, partners, joint ventures,      parents, subsidiaries, successors, assigns, and any controlling and/or acquiring entity and each      of their respective affiliates.

e. “Kit(s)” refer to any and all specimen collection kits that Tiny sends its users for the collection       of vaginal and/or stool samples, as intended for analysis by Tiny.

f. “Sample(s)” refer to any and all vaginal and/or stool samples provided by Tiny’s users, for      Tiny’s analysis, in connection with the Kits.

g. “Analysis Results” refer to the results of any and all Sample analyses and any documents,      information, materials, and content thereto relating.

h. “Product(s)” refer to any and all products offered for sale and/or use in connection with our       Services.

i. “Services” refer to any and all services arising out of and/or relating to Tiny. Our Services     includes, without limitation: (a) specimen collection (including without limitation the sending     and receipt of Kits, as well as instructions thereto relating) (b) microbe DNA extraction and     analysis, (c) creating and furnishing a detailed Analysis Report, and (d) offering consultations     and personalized information regarding the user, the user’s baby, and/or the Analysis Report.     Our Services further include, without limitation, our software applications, text and SMS     messages, websites, emails, social media accounts, and TH Content. NEITHER TINY NOR OUR     AFFILIATES PROVIDES ANY MEDICAL ADVICE, CARE, OR OPINIONS IN CONNECTION     WITH OUR SERVICES, AND YOUR USE OF OUR SERVICES DOES NOT ESTABLISH A     DOCTOR-PATIENT RELATIONSHIP WITH TINY OR OUR AFFILIATES.

j. “TH Content” refers to any and all code, content, material, and other intellectual property     available through our Services in various formats (e.g. as code, data, text, images, multimedia     content, designs, graphics, illustrations, photographs, posters and banners, messages, videos,     visual interfaces, and software applications), excluding specifically your Personal Information,     Payment Information, SI, and User Content.

k. “User Content” refers to any text, photos, graphics, images, video, audio, multimedia, and      other materials you create, modify, post, provide, upload, send, and/or share in connection      with our Services. User Content specifically does not include any user passwords, contact      information, Personal Information, or Payment Information – those items are subject to their      own rules, as explained in our Privacy Policy – unless such information appear, against our      strong recommendation, in a public-facing, text, photos, graphics, images, video, audio,      multimedia, and other materials.

l. “Payment Information” refers to financially-sensitive information that enables a purchase,      such as credit/debit card numbers, CVCs, expiration dates, and PINs

m. “Payment Method” refers to a valid, current, accepted means of remitting payment for               Services, as permitted by Tiny – typically by submitting valid, current, accepted Payment        Information.

n. “Personal Information” refers to any information that – by itself or in conjunction with other       information – identifies, describes, is associated with, or could reasonably be linked to a       particular individual or household (e.g. name, street address, mailing/billing address, phone       number, your personal or work email).

o. “Sensitive Information” or “SI” refers to any information, other than Personal Information,       relating to an individual’s personal background (e.g. age, height/weight, race/ethnicity),       health background (e.g. medical history and related data, blood type, current health       conditions/symptoms), Sample, and/or Analysis Results.

2. Please Make Informed, Cautious Use of Our Services.

a. Our Services Are for Informational and Educational Purposes Only.

i. We’re here to help you learn about yourself and your child, but by no means do we provide     medical care.  Tiny provides our Services – and all material, information, data, and content     available in connection with our Services – strictly for the purposes of information and     education. Neither our Services nor our Products have been evaluated by the United States     Food and Drug Administration (FDA). You acknowledge and agree that, under no     circumstances do our Services constitute or intend to offer medical advice or diagnostic,     treatment, preventative, or curative services – even if you speak with, provide information to,     receive information from, and/or otherwise communicate with a licensed physician in     connection with our Services. Likewise, you shall not deem Tiny as recommending a plan,     product, or course of action in any circumstance.

ii. Tiny offers these Services to enable more informed decision-making around the health and     wellness of both mother and child. You acknowledge and agree that, ultimately, however,     these decisions belong to you. You acknowledge that Tiny strongly suggests that you seek     the advice of your own qualified health care professional to help you review and understand     any data and/or information we provide - and to assist you in making decisions regarding     diagnosis, treatment, care, and health and wellness. To the extent that Tiny, our Affiliates,     and/or our third-party partners provide you with any documents, information, and/or     recommendations based on information that you provide to us (e.g. Personal Information, SI,     survey or questionnaire responses), you acknowledge and accept that such documents,     information and/or recommendations are for informational and educational purposes only,     and are by no means intended as a substitute for a detailed discussion with your own     qualified healthcare professional.

iii. Our Services are not a substitute for medical care. You covenant that you will not delay in      seeking care or otherwise ignore the advice or direction of a qualified medical professional      based on your use of our Services.

iv. You use our Services – and rely on the materials, data, content, and information you       receive in connection with Tiny, our Services, and/or our Affiliates – at your own risk.          Tiny disclaims all liability and responsibility arising out of and/or relating any reliance      placed by you and/or any other person on our Services and any data and/or information      you receive in connection with our Services, including without limitation any reliance on      Analysis Results.You shall not rely on our Services as a substitute for the advice and/or      care of a medical professional.  If you think you may be experiencing a medical      emergency, please call your doctor, visit the nearest emergency room, or dial 9-1-1      immediately.

b. It Is Important to Manage Expectations Around Your Analysis Results.

i. While we hope to provide you with your desired Analysis Results, you acknowledge that you    might receive surprising and/or unwelcome data and/or information from Tiny; not all of    our users receive the Analysis Results that they hoped or expected to receive, and some of our    users might receive unanticipated life-altering information. You acknowledge that it is not    unusual to feel a little bit anxious about your or your child’s Analysis Results; however, you    also acknowledge that you should consult a qualified healthcare professional if such anxiety    interferes with your daily life.

ii. You acknowledge that the process of reviewing Analysis Results is irreversible; once you     review your Analysis Results, you are committing yourself to an awareness of such Analysis     Results. You accordingly acknowledge that –prior to making use of our specimen collection     and analysis Services – it is important to seek the advice of a qualified healthcare     professional regarding whether, when, and to what extent you should make use of such     Services given your medical history and personal circumstances.

iii. While Tiny strives to provide complete and accurate Analysis Results 100% of the time, you       acknowledge and accept that a fraction of our Samples will yield incomplete or even       inaccurate Analysis Results. You acknowledge and agree that contributing factors such as      one’s present physical condition, diet, Sample size and integrity, Kit storage and      transportation, and Sample collection practices all stand to impact your Analysis Results.      You further acknowledge and accept that: (1) microbe DNA testing is relatively new science;      (2) research and knowledge around genetics and microbiology are rapidly expanding; and      (3) accordingly, little-known and/or future scientific findings may alter the future      interpretation and/or understanding of any data and/or information you obtain through      our Services, including without limitation the Analysis Results and any documents and      information relating to the Analysis Results.

iv. You acknowledge that Analysis Results contain highly-sensitive SI and Personal       Information. While the sensitive nature of your Analysis Results offers a tremendous       informational benefit, Tiny recommends that you exercise discretion in deciding what       aspects of your Analysis Results to share, how to share them (e.g. we strongly advise against       posting Analysis Results on social media), and with whom.

3. Only Eligible Individuals May Use Our Services.

a. Eligibility. By accessing our Services – including, without limitation, purchasing Products    and/or Services – you represent that you are of sound mind and body to agree to our Terms    and in possession of the full rights and/or authorization to: (a) agree to our Terms, (b) agree to    and pay for any purchase made by you, whether for your own benefit or the benefit of a third    party, (c) authorize all rights and licenses herein granted to Tiny and assume all    responsibilities, liabilities, and obligations herein required of you, and (d) submit any Personal    Information, Payment Information, SI, and other data and information provided in connection    with our Services, whether for your own benefit or the benefit of a third party. You must be    eighteen (18) of age to make use of Tiny’s Services, and to engage in a transaction with Tiny for    the purchase of one or more Products.

b. Non-Eligibility. We reserve the right to terminate your use of, and access to, our Services – and     cancel any purchase hereunder – for any violation of our Terms or any provision of any other     agreement between you and Tiny. Furthermore, you may not use our Services if you are:

 i. Currently restricted or prohibited from using our Services;

 ii. A past, present, or imminent competitor of Tiny and/or closely connected to one or more of    our past, present, or imminent competitors;

 iii. Acting on behalf of another person or entity without that person or entity’s permission;

 iv. Under a legal obligation that restricts and/or precludes your use of our Services; and/or

 v. Otherwise unwilling to fully agree to, and follow all of our Terms.

c. No Guarantees re: Eligibility. While we make every effort to keep a tight-knit community     based on strict eligibility criteria, we make no warranty or representation that every user     satisfies our eligibility criteria; there may be ineligible individuals who still gain access to     and/or use our Services.

d. Immediate Termination. You agree to close your browser window and cease from all further     use of our Services if you are or become ineligible to use these Services. You further agree to     email support@tinyhealth.com with the subject “End Use” with details about your reason for     ceasing all further use.

e. Additional Terms & Conditions. You acknowledge that – in order to purchase and/or use    certain Services and/or Products –Tiny may require you to enter into one or more separate    agreements and/or accept additional terms and conditions, which are hereby incorporated by    reference, in their entirety, into these Terms. To the extent that Tiny requires your consent to    further terms and conditions, you will have the opportunity to review such terms and    conditions before proceeding to purchase and/or use such Services and/or Products. Insofar as    there is any conflict between such terms and conditions and these Terms, the former will take    precedence, but only with respect to such conflicting terms and/or conditions.

4. If Eligible, You Are Granted a Limited License to Make Use of Our Services.

a. As long as you remain eligible, you are granted a limited, non-exclusive, non-assignable,    non- transferable, non-sublicensable, non-delegable, and fully revocable license to access and    make use of our Services in accordance with these Terms. Tiny reserves the right to suspend,    limit, or revoke this license, for any reason, with or without warning or notice, in our sole and    absolute discretion.

b. You are allowed to create a single account for yourself, as an individual eighteen (18) years of     age or older.  You are also allowed to create an account for each adult who has given you prior     express written authorization to agree to these Terms and operate an account on her/his     behalf. You accept that, in order to create an account, Tiny may require you to provide Personal     Information, a login/password, and SI; this includes, without limitation furnishing a first and     last name, date of birth, address, email address, race/ethnicity, height/weight, pregnancy     information, blood type, and information regarding your health history, your present health     condition, and any symptoms. You accept that, in order to receive certain Products and     Services – such as our specimen collection and microbe extraction and analysis Services – you     must furnish Tiny with Payment Information, at our direction. You represent that you have     provided and warrant that you will provide truthful, accurate, complete, up-to-date     information at all times in connection with our Services; you further covenant that you will     update any information that you furnish if, and as soon as, you learn that it is inaccurate,     incomplete, and/or outdated; this applies, without limitation, to Personal Information,     Payment Information, and SI.

c. You acknowledge and accept the Tiny will attribute all actions and usage of your account to     you. To the fullest extent legally permitted, you are solely responsible for the security of your     password, account information, and any Personal Information, Payment Information, and SI     thereto connected; you agree to maintain all such information as confidential at all times, and     you agree to accept full responsibility for any decision to disclose and/or failure to protect your     such information to the fullest extent legally permitted. In this connection, to the fullest extent     legally permitted, you agree that you are solely responsible for any actions and omissions     relating to your account and use of our Services, including as it relates to the use and/or misuse     of Personal Information, Payment Information, SI, and/or other confidential information. You    shall immediately alert us to any breach of your account, Personal Information, Payment    Information, SI, or other confidential information.

5. Further User Representations, Warranties, & Covenants.

a. You covenant that you shall not sell, rent, lease, barter, recreate or reproduce, copy, create     derivative works from, license, sublicense, distribute, publish, perform, transmit, transfer,     display, distribute, exhibit, exploit, or otherwise make commercial use of our Services, or any     aspect thereof, without the prior express written consent of Tiny and/or our applicable third     party licensor – and you represent that you have not done any of the foregoing up to this point     in time.

b. You covenant that you shall not directly or indirectly resell or export any aspect of our Services     or any of our Products – including without limitation our Kits, Analysis Results and related     reports, microbiome consulting services, and any personalized materials and/or content - and     you represent that you have not done any of the foregoing up to this point in time.

c. You represent that any Sample you have provided and warrant that any Sample you will     provide in the future belongs to you or a person for whom you have legal authorization to     furnish such a sample (e.g. your child).

d. You represent and warrant that you are neither an employer seeking information regarding an     employee, nor a person acting on behalf and/or in furtherance of an insurance company     seeking information about a prospective or actual customer.

e. You covenant that you shall not submit a Sample if you have reason to believe that you are     experiencing a contagious illness or an active infectious disease - and you represent that you     have not done any of the foregoing up to this point in time.

f. You represent that you have not violated and covenant that you shall not violate any export    control laws or other restrictions on shipping to foreign countries in the course of purchasing    and/or making use of Services and/or Products – including, without limitation, to the extent    you are receiving a Kit and/or submitting a Sample from a country other than the United    States of America.

6. You Must Be Reasonable and Fair in Accessing and Using Our Services.  

a. Tiny’s rules for access and use of our Services should be easy to follow. Nonetheless, here are a     few key points to help you along the path:

 i. Treat Tiny, our Affiliates, our service providers, and our community members kindly and    respectfully.

 ii. All info you provide must be complete, truthful, and up-to-date.

iii. Do not attempt to disrupt our tech or misappropriate our I.P.

iv. Follow the law at all times in connection with our Services and Products.

b. You hereby represent that you have not used and warrant that you shall not use our Services to     directly or indirectly attempt, engage in, aid, abet, support, incite, encourage, perpetrate,     and/or otherwise assist any of the following:

i. a violation of a local, state, federal, and/or international law, rule, or regulation;

ii. a violation of municipal, administrative and/or professional rules, standards, guidelines, or     requirements;

iii. fraud, misrepresentation, impersonation, or identity theft;

iv. the deliberate submission of false, misleading, invalid, outdated, or inaccurate Personal      Information, Payment Information, and/or SI;

v. an illegal and/or deceptive business practice;

vi. a violation of our rights, or the rights of our Affiliates;

vii. a violation of third-party rights, including without limitation the unauthorized use or      disclosure of third-party Personal Information and/or Payment Information, as well as any      misappropriation of third-party intellectual property rights or violation of third-party      rights to privacy;

viii. harassment, trolling, intimidation, stalking, hate speech, violence, and/or any other         abusive conduct;

ix. any implication of an affiliation with or endorsement by Tiny; and

x. an effort to disrupt or interfere with our Services and/or business operations;

c. You promise that, in the course of using our Services, you shall not circulate malicious content,     code, files, or programs, or otherwise engage in malicious conduct. Among other things, you     acknowledge and agree that you are not permitted to engage in phishing, harvesting,     spamming, or the circulation of viruses, spyware, worms, Easter eggs, and time bombs.     Furthermore, in connection with our Services, you shall not engage in deceptive business     practices, pursue unsolicited and/or unauthorized marketing or advertising, circulate a chain     letter, or facilitate or participate in a pyramid scheme, or undertake any other form of     solicitation that adversely impacts one or more other user’s ability to use and/or enjoy our     Services.

d. You shall not make efforts to disrupt or interfere with the proper working order of any     technologies, systems, or operations, belonging to Tiny, our Affiliates, and/or any of our third     party providers.  Under no circumstances shall you make efforts to modify or alter any aspect     of our Services or the services of our Affiliates and/or third party providers. This paragraph     includes but is not limited to a restriction on manipulation and/or interference with our     websites, teleconferencing services, in-person sample collection services, messaging systems     and services, storefront technologies systems, and recordkeeping systems.

e. Under no circumstances shall you make efforts to decompile, disassemble, reverse engineer,     translate, render generically, modify, mimic, duplicate, or otherwise derive any aspect, feature,     function, or detail concerning or relating to our Services, except to the extent that such a     restriction is expressly forbidden by law; this clause includes, but is not limited to the     mimicking, duplication and/or rebranding any TH Content and/or any technology relating to     our Services. You are not permitted to use the TH Content to develop any functions, programs,     applications, technologies, or services that leverage the Services.

f. You shall not make efforts to index, copy, extract, download, or otherwise copy or retrieve any     aspect of our Services, including without limitation the TH Content; this includes, without     limitation, a prohibition on use of a spider, data miner, crawler, robot, or similar tool. You are     not permitted to link or deep-link to our Site or any of our other Services. You may not utilize     framing or mirroring techniques to enclose any item of TH Content (e.g. logo, name, text,     images), and you are forbidden from using "hidden text" that references the TH Content     without the prior express written consent of Tiny and/or our third-party licensor(s). You may     not remove any proprietary notices or circumvent any digital rights management systems in     connection with our Services, and you are not permitted to disable, disarm, bypass, or hack     around any of our security systems. Notwithstanding the foregoing, operators of pubic search     engines are granted a limited, revocable, non-sublicensable right to use spiders and provide     links in connection with the TH Content strictly to assist in the legitimate development of a     public index that reflects content and information appearing in publicly-facing areas of our     Site.

g. During the course of using our Services, you shall not sell, rent, lease, barter, recreate or     reproduce, copy, create derivative works from, license, sublicense, distribute, publish, perform,     transmit, transfer, display, distribute, exhibit, exploit, or otherwise make commercial use of any     aspect of our Services, including without limitation the TH Content, without the prior express     written consent of Tiny and/or our applicable third party licensor.

h. You and you alone are responsible for your User Content. Any User Content that you provide to     us is at your own risk of liability, harm, loss, damages, expenses, fees, costs, and/or fines – Tiny     shall not be responsible or liable for your User Content.

7. Tiny Holds and Reserves Numerous Rights.

a. Tiny needs to be able to keep a tight handle on our Services and our community. At any time,     for any reason, with or without notice, in our sole discretion, Tiny reserves the right to update,     improve, modify, alter, limit, suspend, discontinue, and re-introduce any of our Services – and     any aspects, portions, details, features, specifications, and functions thereof – as well as adjust     or modify any pricing, availability, and timeframes offered with respect to our Services.     Without limitation, this paragraph pertains to all technologies, applications, programs,     designs, and offerings connected with and/or supporting our Services.

          i. Tiny reserves the right to supplement, delete, or otherwise modify some of all these Terms –            or any portions thereof – at any time, for any reason, with or without notice, in our sole            discretion. In the event that Tiny revises these Terms, your continued access and/or use will            constitute your unconditional acceptance of the revised Terms.

       ii. You acknowledge and agree that Tiny may refuse, suspend, or ban, or otherwise restrict            access to our Services to any person, including you, at any time, for any reason, with or            without notice, at our sole discretion.

 b. You acknowledge that, to the extent legally allowed, Tiny reserves the right to decide how it will       contact you regarding any service messages and other publicly-directed communications –       among other options, we specifically reserve the right to use email, push notification, text/SMS       message, telephone call, and a website banner - and you agree that any reasonable means of       contact selected by Tiny (including any of the aforementioned) shall suffice for timely and       adequate notice.

c. To the fullest extent permitted by law, and except as otherwise specified in writing, Tiny no holds     obligation or responsibility to take action or refrain from acting with respect to the continuation,     provision, maintenance, updating, improvement, renovation, and/or modification of: (a) our     Services; (b) aspects, portions, details, features, specifications, and functions of our Services; (c)     terms and /or conditions relating to our Services; and/or (d) material, data, information, and/or     content arising out of or relating to our Services, including without limitation the TH Content.

d. To the fullest extent permitted under law, all TH Content – and all copyright, trademark rights,     service mark rights, patent rights, and other proprietary rights arising out of and/or relating to     the TH Content – are owned by us and/or one of our third party licensors and protected by the     intellectual property laws of the United States and other countries. You acknowledge and agree     that all rights in and to the “Tiny,” “Tiny Health and “Seeding, Inc.” names, logos, trademarks,     service marks, slogans, and designs, inter alia, belong exclusively to Tiny, irrespective of the     presence of any legal designation or lack thereof, subject to protection from misappropriation,     misuse, blurring, tarnishment, dilution, impersonation, or other unauthorized exploitation under     United States law and international law. You acknowledge that nothing in these Terms, express or     implied, grants you any right or license to make use of Tiny’s names, logos, trademarks, service     marks, slogans, designs, or patents – and these Terms expressly forbid your use of intellectual     property belonging to Tiny and/or our third-party licensors.

e. Tiny reserves any and all rights and interests relating to our Company, our Affiliates, our     Services, our Products, and our property that were not expressly enumerated in these Terms, to     the fullest extent permitted under law.  You acknowledge and agree that your provision of a     Sample, Personal Information, Payment Information and/or SI does not afford you any right,     title, or interest in and to any research by Tiny and/or our Affiliates, or any related Services,     Products, documents, data, information, materials, or offerings; you acknowledge and accept that     you shall not receive any financial benefits, such as royalties or compensation, by virtue of your     provision of the same.

f. Subject to the conditions set forth in these Terms (including but not limited to our Privacy    Policy), you hereby grant Tiny a perpetual, irrevocable, non-exclusive, royalty-free, fully    sub- licensable, worldwide license to exercise any and all rights you may have as to any content    (including without limitation your User Content), data and information arising out of and/or    relating to your use of our Services, including, without limitation, data and information    concerning the browsing of our website, your purchase of Services and Products, your usage of    our Services, and your interactions with our Affiliates and third-party partners and providers.    Likewise, you agree that Tiny may, at our sole discretion: copy, reproduce, adapt, translate, sell,    distribute, syndicate, publish, transfer, communicate, modify, exhibit, advertise, market, create    derivative works from, display, make commercial use of (including currently known and future,    currently unknown commercial uses), and/or otherwise use your content (including without    limitation your User Content), data and information arising out of and/or relating to your use of    our Services throughout the world in any media in any manner, fashion and/or context we wish.    You further agree that you waive any moral rights – including, but not limited to, the rights of    attribution – in connection with any content and any data and information arising out of and/or    relating to your use of our Services; provided, Tiny reserves the right to attribute your User    Content to you in our sole discretion, at any time, for any reason. Furthermore, you represent that    you have full authority and right to grant these licenses and waive these rights pursuant to our   Terms.

8. It Is Important for You to Understand How Tiny Uses Your Information.

a. Tiny’s Privacy Policy can be found here. Once again, we urge you to carefully review our Privacy      Policy, as it directly impacts how Tiny handles your Personal Information, Payment     Information, and SI, among other types of data and information.  You acknowledge and agree     that Tiny’s Privacy Policy is incorporated by reference into these Terms, in its entirety; by     accepting our Terms, you agree to all terms and conditions in our Privacy Policy.

b. Tiny does not intentionally store, analyze, or retain, any human DNA during the course of      analyzing your Sample or otherwise providing our Services; it is our policy to securely discard      any human DNA collected from your Sample.

c. You are the owner and/or authorized holder of all Personal Information, SI, and Analysis Results.     Except as specified in these Terms and/or another document reflecting your express     authorization, Tiny will: (i) refrain from selling, renting, licensing, bartering, assigning     transferring, conveying or disclosing your Personal Information to any third party; (ii)     de- identify any SI and Analysis Results before it sells, rents, license, barters, assigns, transfer,     conveys, and/or discloses such to any third party; and (iii) exclude your Personal Information     from any aggregated data sets, compilations, and/or research materials containing and/or     incorporating your SI and/or Analysis Results. Notwithstanding, you acknowledge and accept     that Tiny cannot return any Sample you submit in connection with our Services

d. You hereby expressly permit Tiny, our Affiliates and our third-party contractors, providers, and     partners to (a) receive, handle, store, transport, and analyze your Sample and the DNA therefrom     extracted; (b) transmit and disclose documents and files containing and/or reflecting Personal     Information and SI (including without limitation Analysis Results and underlying raw data)     within and among one other as necessary to furnish and/or facilitate the Services, as well as to     persons you specifically designate for receipt of your Analysis Results.

e. Subject to the Terms (including without limitation as specified in this Section 8 and in our     Privacy Policy), and to the fullest extent permitted by law, you hereby grant Tiny a perpetual,     non-exclusive, fully sub-licensable, royalty-free, worldwide, irrevocable license to exercise any     and all rights you may have in and to any data, information, materials, and content arising out of     and/or relating to our Services. This license embraces but is not limited to all data and     information concerning your purchase, receipt, and usage of our Services and Product (including     without limitation your SI and Analysis Results), your browsing of the Site, your     communications with Tiny and our third-party partners, and any other interactions and     experiences you may have in connection with our Services. This license also embraces, without     limitation, any ideas, suggestions, comments, feedback, photos, and any other materials and/or     content you submit to Tiny in connection with our Services. You acknowledge and agree that,     with the license specified in this paragraph, Tiny holds the sole discretion to make derivate     and/or commercial use of the data, information, materials, and content you create, generate,     submit, post, and/or provide in connection with our Services; among other uses, we may globally     sell, distribute, publish, modify, copy, repurpose, transmit, and adapt such data, information,    materials, and content – in any medium, manner, fashion, or form we choose, subject to the    Terms.

9. Tiny Offers and Utilizes Third-Party Services and Products; However, We Are Not Responsible      or Liable for Those Third Parties or Their Services or Products.

         In conjunction with our Services, Tiny may offer you the opportunity to connect with third-party providers; such providers may include, without limitation, payment processing providers, specimen collection providers, laboratory services providers, data processing and visualization providers, customer service specialists, and microbiome consultation providers. Furthermore, in conjunction with our Services, Tiny may offer you the opportunity to purchase and/or receive third-party services, products, and devices.PLEASE CAREFULLY REVIEW THESE DISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY WITH RESPECT TO THIRD-PARTY SERVICES AND PRODUCTS.

a. NEITHER TINY NOR OUR AFFFILIATES MAKES ANY WARRANTY OR REPRESENTATION     REGARDING THE QUALITY, EFFICACY, ACCURACY, RELIABILITY, TIMELINESS, SAFETY,     COST, RESULTS OF ANY THIRD-PARTY SERVICES, DEVICES OR PRODUCTS – OR ANY     RECOMMENDATIONS, OPINION, GUIDANCE, COURSE, TREATMENT, ADVICE OR CARE     RENDERED IN CONNECTION THEREWITH.

b. NOTWITHSTANDING ANY INTERVIEWS, BACKGROUND CHECKS, OR OTHER VETTING          PROCEDURES WE MAY OPT TO CONDUCT, NEITHER TINY NOR OUR AFFILIATES MAKES     ANY WARRANTY, REPRESENTATION, GUARANTEE, RECOMMENDATION, REFERRAL, OR     OPINION REGARDING ANY THIRD PARTY PROVIDER’S QUALIFICATIONS, CREDENTIALS,     QUALITY OF WORK, CORRECTNESS OF OPINION, OR SOUNDNESS OR APPLICABILITY OF     ADVICE. NEITHER TINY NOR OUR AFFFILIATES MAKES ANY ENDORSEMENT, WARRANTY,     REPRESENTATION, GUARANTEE, RECOMMENDATION, REFERRAL, OR OPINION AS TO     ANY SPECIFIC PROVIDER, SERVICE, PRODUCT, DEVICE, OPINION, RECOMMENDATION,     COURSE, TREATMENT, PLAN OR ITEM OF ADVICE.

c. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT LEGALLY PERMITTED,     NEITHER TINY OR NOR OUR AFFILIATES SHALL HOLD ANY LIABILITY OR     RESPONSIBILITY WITH RESPECT TO ANY THIRD PARTY ADVICE, OPINION, GUIDANCE,     PLAN, COURSE OF TREATMENT, CARE, TEST RESULT, PRODUCT, DEVICE, OR OTHER     SERVICE: YOU AGREE, TO THE FULLEST EXTENT LEGALLY PERMITTED, TO RELEASE     TINY AND HOLD TINY AND OUR AFFILIATES HARMLESS FROM ANY CLAIM, DISPUTE,     CONTROVERSY, MATTER, OR CAUSE OF ACTION ARISING OUT OF AND/OR RELATING TO     ANY THIRD PARTY ADVICE, OPINION, GUIDANCE, PLAN, COURSE OF TREATMENT, CARE,     TEST RESULT, PRODUCT, DEVICE, OR OTHER SERVICE. THE TERMS IN THIS PARAGRAPH     EMBRACE, WITHOUT LIMITATION ANY ISSUES, PROBLEMS, FAILURES, LOSSES,     LIABILITIES, DAMAGES, HARMS, FEES, COSTS, AND EXPENSES ARISING OUT OF AND/OR     RELATING TO (A) THE PROCESSING AND/OR ANALYSIS OF A SPECIMEN AND/OR     COMMUNICATION OF DATA THEREO RELATING BY A THIRD-PARTY LABORATORY     SERVICES PROVIDER, (B) ANY ADVICE, OPINION, GUIDANCE, PLAN, COURSE OF     TREATMENT, CARE OFFERED BY A THIRD-PARTY MEDICAL, HEALTHCARE, AND/OR     WELLNESS PROVIDER; AND (C) ANY THIRD-PARTY PRODUCTS AND/OR DEVICES     OBTAINED AND/OR USED BY YOU IN CONNECTION WITH OUR SERVICES. WE     ENCOURAGE YOU TO RESEARCH APPLICABLE DOCTORS, SERVICES PROVIDERS, AND     MEDICAL PRODUCTS/DEVICES – AND TO SEEK HELP ELSEWHERE OR RECEIVE A     SECOND OPINION IF YOU ARE NOT 100% COMFORTABLE WITH ANY THIRD-PARTY    ADVICE, GUIDANCE, OPINION, COURSE OF TREATMENT, OR PLAN. YOU ACKNOWLEDGE    THAT OUR SERVICES ARE NOT INTENDED FOR EMERGENCY PURPOSES; IN THE EVENT     OF A MEDICAL EMERGENCY, YOU AGREE TO IMMEDIATELY CALL YOUR DOCTOR, VISIT    YOUR NEAREST HOSPITAL, OR DIAL 9-1-1.

d. NEITHER TINY NOR OUR AFFFILIATES MAKE ANY REPRESENTATIONS, WARRANTIES,     COVENANTS, OR OTHER PROMISES REGARDING THE ACTS OR OMISSIONS OF ANY     THIRD-PARTY PROVIDER – INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY     MEDICAL SERVICES PROVIDER, FINANCIAL SERVICE PROVIDER, TECHNOLOGY SERVICES     PROVIDER, CONTENT PROVIDER, OR MANUFACTURER OR DISTRIBUTER – EVEN IF     THOSE THIRD-PARTY PROVIDERS OFFER PRODUCTS OR SERVICES THAT TINY LINKS TO     OR OTHERWISE FEATURES OR BUNDLES IN CONNECTION WITH OUR SERVICES. YOU     ACKNOWLEDGE THAT NEITHER TINY NOR OUR AFFFILIATES ENDORSES, CONTROLS,     ASSUMES LIABILITY FOR, OR OTHERWISE TAKES RESPONSIBILITY FOR ANY ISSUES     ARISING OUT OF OR RELATING TO THE ACTS OR OMISSIONS OF ANY THIRD-PARTY     PROVIDER – EVEN IF ACCESSED THROUGH OUR SERVICES – AND WE MAKE NO     REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER PROMISES IN CONNECTION     THEREWITH. YOU AGREE, TO THE FULLEST EXTENT LEGALLY PERMITTED, TO RELEASE     TINY AND OUR AFFILIATES HOLD TINY AND OUR AFFILIATES HARMLESS FROM ANY     CLAIM, DISPUTE, CONTROVERSY, MATTER, OR CAUSE OF ACTION ARISING OUT OF     AND/OR RELATING TO ANY THIRD PARTY PRODUCTS, SERVICES, MATERIALS, OR     INFORMATION.NEITHER TINY NOR OUR AFFFILIATES MAKE ANY REPRESENTATIONS,     WARRANTIES, COVENANTS, OR OTHER PROMISES REGARDING THE ACTS OR OMISSIONS     OF ANY THIRD-PARTY PROVIDER – INCLUDING WITHOUT LIMITATION ANY    THIRD- PARTY MEDICAL SERVICES PROVIDER, FINANCIAL SERVICE PROVIDER,    TECHNOLOGY SERVICES PROVIDER, CONTENT PROVIDER, OR MANUFACTURER OR    DISTRIBUTER – EVEN IF THOSE THIRD-PARTY PROVIDERS OFFER PRODUCTS OR    SERVICES THAT TINY LINKS TO OR OTHERWISE FEATURES OR BUNDLES IN    CONNECTION WITH OUR SERVICES. YOU ACKNOWLEDGE THAT NEITHER TINY NOR OUR    AFFFILIATES ENDORSES, CONTROLS, ASSUMES LIABILITY FOR, OR OTHERWISE TAKES    RESPONSIBILITY FOR ANY ISSUES ARISING OUT OF OR RELATING TO THE ACTS OR    OMISSIONS OF ANY THIRD-PARTY PROVIDER – EVEN IF ACCESSED THROUGH OUR    SERVICES – AND WE MAKE NO REPRESENTATIONS, WARRANTIES, COVENANTS, OR    OTHER PROMISES IN CONNECTION THEREWITH. YOU AGREE, TO THE FULLEST EXTENT    LEGALLY PERMITTED, TO RELEASE TINY AND OUR AFFILIATES HOLD TINY AND OUR    AFFILIATES HARMLESS FROM ANY CLAIM, DISPUTE, CONTROVERSY, MATTER, OR CAUSE    OF ACTION ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY PRODUCTS,    SERVICES, MATERIALS, OR INFORMATION.NEITHER TINY NOR OUR AFFFILIATES MAKE    ANY REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER PROMISES REGARDING    THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDER – INCLUDING WITHOUT    LIMITATION ANY THIRD-PARTY MEDICAL SERVICES PROVIDER, FINANCIAL SERVICE    PROVIDER, TECHNOLOGY SERVICES PROVIDER, CONTENT PROVIDER, OR    MANUFACTURER OR DISTRIBUTER – EVEN IF THOSE THIRD-PARTY PROVIDERS OFFER    PRODUCTS OR SERVICES THAT TINY LINKS TO OR OTHERWISE FEATURES OR BUNDLES    IN CONNECTION WITH OUR SERVICES. YOU ACKNOWLEDGE THAT NEITHER TINY NOR    OUR AFFFILIATES ENDORSES, CONTROLS, ASSUMES LIABILITY FOR, OR OTHERWISE    TAKES RESPONSIBILITY FOR ANY ISSUES ARISING OUT OF OR RELATING TO THE ACTS OR    OMISSIONS OF ANY THIRD-PARTY PROVIDER – EVEN IF ACCESSED THROUGH OUR    SERVICES – AND WE MAKE NO REPRESENTATIONS, WARRANTIES, COVENANTS, OR    OTHER PROMISES IN CONNECTION THEREWITH. YOU AGREE, TO THE FULLEST EXTENT    LEGALLY PERMITTED, TO RELEASE TINY AND OUR AFFILIATES HOLD TINY AND OUR    AFFILIATES HARMLESS FROM ANY CLAIM, DISPUTE, CONTROVERSY, MATTER, OR CAUSE    OF ACTION ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY PRODUCTS,    SERVICES, MATERIALS, OR INFORMATION.

e. YOU AGREE THAT NEITHER TINY NOR OUR AFFILIATES PUTS FORTH ANY    REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIRD-PARTY INTELLECTUAL    PROPERTY RIGHTS, TITLES, OR INTERESTS – OR ANY RELATED RIGHTS, TITLES,    INTERESTS, OR LICENSES, AS THEY ARISE IN CONNECTION WITH OUR PRODUCTS    AND/OR SERVICES, OR THE PRODUCTS AND SERVICES OF OUR THIRD-PARTY PROVIDERS.

f. YOU ACKNOWLEDGE AND AGREE THAT NEITHER TINY NOR OUR AFFILIATES HAS ANY    CONTROL, INPUT, OR AUTHORITY WITH RESPECT TO ANY THIRD PARTY SCHEDULING    DECISION, APPOINTMENT CANCELLATION, LATENESS, DELAY, OR FAILURE TO PROVIDE    SERVICES OR PRODUCTS. YOU AGREE, TO THE FULLEST EXTENT LEGALLY PERMITTED,    TO RELEASE TINY AND OUR AFFILIATES AND HOLD TINY AND OUR AFFILIATES    HARMLESS FROM ANY CLAIM, DISPUTE, CONTROVERSY, MATTER, OR CAUSE OF ACTION    ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY SCHEDULING DECISION,    APPOINTMENT CANCELLATION, LATENESS, DELAY, OR FAILURE TO PROVIDE A SERVICE    OR PRODUCT.

g. YOU ACKNOWLEDGE AND AGREE THAT NEITHER YOUR ANALYSIS RESULTS, NOR ANY    CONSULTATION SERVICES, NOR ANY PERSONALIZED MATERIAL, NOR ANY TH CONTENT    IS INTENDED AS MEDICAL OR A SUBSTITUTE FOR MEDICAL ADVICE, EVEN IF    AUTHORED, DISTRIBUTED, EDITED, OR RECOMMENDED BY A LICENSED MEDICAL    PROFESSIONAL. TO THE FULLEST EXTENT LEGALLY PERMITTED, YOU WILL NOT HOLD    TINY OR OUR AFFILIATES RESPONSIBLE OR LIABLE FOR THE TIMING OR SUBSTANCE OF    ANY TH CONTENT, YOUR ANALYSIS RESULTS, AND/OR ANY DOCUMENTS,    COMMUNICATIONS, DATA, OR INFORMATION RELATING TO YOUR ANALYSIS RESULTS; TO    THE FULLEST EXTENT LEGALLY PERMITTED, YOU AGREE TO RELEASE TINY AND OUR    AFFILIATES HOLD TINY AND OUR AFFILIATES HARMLESS FROM ANY MATTER ARISING    OUT OF AND/OR RELATING TO ANY TH CONTENT, YOUR ANALYSIS RESULTS, AND/OR    ANY DOCUMENTS, COMMUNICATIONS, DATA, OR INFORMATION RELATING TO YOUR    ANALYSIS RESULTS.

h. YOU ACKNOWLEDGE THAT YOU MAY ENCOUNTER THIRD-PARTY INDIVIDUALS AND/OR     INTERACTIONS THAT YOU DEEM TO BE HOSTILE, OBSENCE, OFFENSIVE, PREJUDICED,     UNLAWFUL, INCOMPETENT, HARASSING, AND/OR OTHERWISE INAPPROPRIATE     DURING THE COURSE OF OR AS A RESULT OF USING OUR SERVICES. THIS INCLUDES,     WITHOUT LIMITATION, THIRD-PARTY INTERACTIONS AND INDIVIDUALS YOU MAY     ENCOUNTER WHEN (A) UTILIZING OUR SPECIMEN COLLECTION SERVICES, (B) POSTING     AND ENGAGING WITH USER CONTENT, AND (C) RECEIVING, DISCUSSING, AND/OR     COMMUNICATING REGARDING ANALYSIS RESULTS. YOU AGREE THAT, TO THE FULLEST     EXTENT LEGALLY PERMITTED, YOU WILL NOT HOLD TINY OR OUR AFFILIATES     RESPONSIBLE OR LIABLE FOR ANY SUCH THIRD-PARTY INDIVIDUALS AND/OR     INTERACTIONS YOU ENCOUNTER IN CONNECTION WITH AND/OR AS A RESULT OF OUR     SERVICES; TO THE FULLEST EXTENT LEGALLY PERMITTED, YOU AGREE TO RELEASE     TINY AND OUR AFFILIATES AND HOLD TINY AND OUR AFFILIATES HARMLESS FROM     ANY MATTER ARISING OUT OF AND/OR RELATING TO SUCH AN INTERACTION AND/OR    INDIVIDUAL.

i. NEITHER TINY NOR OUR AFFILIATES MAKES A WARRANTY OR REPRESENTATION    REGARDING ANY INSURANCE OR OTHER HEALTHCARE POLICY, ANY BENEFITS    THEREUNDER, OR THE SCOPE, VALIDITY OR ACCEPTABILITY THEREOF. THE FULLEST    EXTENT LEGALLY PERMITTED, YOU WILL NOT HOLD TINY OR OUR AFFILIATES    RESPONSIBLE OR LIABLE FOR ANY INSURANCE OR OTHER HEALTHCARE POLICY    CLAIMS, COVERAGE, REIMBURSEMENT, OR ACCEPTANCE ISSUES; TO THE FULLEST    EXTENT LEGALLY PERMITTED, YOU AGREE TO RELEASE TINY AND OUR AFFILIATES AND    HOLD TINY AND OUR AFFILIATES HARMLESS FROM ANY MATTER ARISING OUT OF    AND/OR RELATING TO ANY INSURANCE OR OTHER HEALTHCARE POLICY CLAIMS,    COVERAGE, REIMBURSEMENT, OR ACCEPTANCE ISSUES.

j. TINY DOES NOT GUARANTEE THAT WE WILL AUDIT, ANALYZE, OR REVIEW USER    CONTENT OR OTHER THIRD-PARTY CONTENT BEFORE IT GOES LIVE. NEITHER TINY, NOR    OUR AFFILIATES IS IN ANY WAY RESPONSIBLE FOR WHAT IS PUBLISHED AS USER    CONTENT OR OTHER THIRD-PARTY CONTENT IN CONNECTION WITH OUR SERVICES,    AND WE ARE UNDER NO OBLIGATION TO EDIT OR CONTROL USER CONTENT OR OTHER    THIRD-PARTY CONTENT. WHILE WE LIKE TO MAKE EFFORTS TO HELP OUR USERS, WE    MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING RESPONDING TO USER    CONTENT ISSUES, THIRD PARTY CONTENT ISSUES, OR OTHER ISSUES ARISING OUT OF,    OR RELATING TO OUR SERVICES; IT IS POSSIBLE THAT YOUR ISSUE MAY GO    UNADDRESSED. THAT SAID, WE RESERVE THE RIGHT TO DELETE ANY USER CONTENT OR    ANY OTHER CONTENT AT ANY TIME FOR ANY REASON WITHOUT NOTICE, CAUSE, OR       CONSENT.

10.  In Order to Use Our Services, Tiny Requires You to Make These Additional Representations         and Warranties, and to Assume These Additional Obligations.

a. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT LEGALLY ALLOWED,    YOU ASSUME ALL RISK, LIABILITY, AND RESPONSIBILITY FOR DETERMINING THE    EXTENT TO WHICH OUR SERVICES AND ANY THIRD-PARTY SERVICES OR PRODUCTS    AVAILABLE THROUGH OUR SERVICES ARE APPROPRIATE, VIABLE, AND SAFE FOR YOUR    USE AND SUITABLE FOR YOUR PARTICULAR NEEDS. CERTAIN SERVICES, PRODUCTS, OR    DEVICE MAY NOT BE APPROPRIATE, VIABLE, SUITABLE, AND/OR SAFE FOR CERTAIN    INDIVIDUALS; this THIS INCLUDES, WITHOUT LIMITATION, OUR KITS. YOU AGREE THAT,    BETWEEN (i) YOU AND (ii) TINY AND OUR AFFILIATES, YOU ARE SOLELY RESPONSIBLE    AND LIABLE FOR DETERMINING WHETHER TO: MAKE USE OF ANY PRODUCT, SERVICE,    OR DEVICE; WHETHER AND TO WHAT EXTENT TO SEEK MEDICAL CARE OR OTHER    HEALTHCARE SERVICES IN CONNECTION WITH YOUR ANALYSIS RESULTS – AND IF SO,    FROM WHOM, AT WHAT COST, FOR WHAT PURPOSES, AND TO WHAT EXTENT; AND    WHETHER AND TO WHAT EXTENT TO FOLLOW A GIVEN OPINION, RECOMMENDATION,    COURSE, TREATMENT, PLAN OR ITEM OF ADVICE. YOU AGREE THAT YOU SHALL RELEASE    TINY AND OUR AFFILIATES AND HOLD HARMLESS TINY AND OUR AFFILIATES IN    CONNECTION WITH ANY DECISION BY YOU CONCERNING: THE SELECTION, PURCHASE,    AND/OR USAGE OF A PRODUCT, SERVICE, OR DEVICE; WHETHER AND TO WHAT EXTENT    YOU PURSUE MEDICAL CARE OR HEALTHCARE SERVICES; AND WHETHER AND TO WHAT    EXTENT TO FOLLOW A GIVEN OPINION, RECOMMENDATION, COURSE, TREATMENT,    PLAN OR ITEM OF ADVICE.

b. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT LEGALLY ALLOWED,    YOU ASSUME ALL RISK, LIABILITY, AND RESPONSIBILITY FOR YOUR OWN ACTS AND    OMISSIONS IN CONNECTION WITH OUR SERVICES; THIS INCLUDES, WITHOUT    LIMITATION, YOUR ACTS AND OMISSIONS IN CONNECTION WITH: (i) ANY USAGE OF A    KIT; (ii) YOUR RECEIPT OF ANY ANALYSIS RESULTS (iiI) ANY THIRD-PARTY MEDICAL    ADVICE AND/OR CARE; (iv) THE PURCHASE AND/OR USE OF ANY MEDICAL PRODUCT OR    DEVICES YOU ACCORDINGLY AGREE TO CAREFULLY READ AND FOLLOW ALL    INSTRUCTIONS DIRECTED TO YOU BY TINY, OUR AFFILIATES, AND OUR THIRD-PARTY    PARTNERS AND PROVIDERS IN CONNECTION WITH OUR SERVICES AND PRODUCTS AND    ANY SERVICES AND PRODUCTS THERETHROUGH AVAILABLE. .  YOU FURTHER AGREE TO    ASSUME THE COST OF ALL REPAIRS ARISING OUT OF AND/OR RELATING TO YOUR USE    OF OUR SERVICES, OUR PRODUCTS AND RELATED THIRD-PARTY PRODUCTS AND    SERVICES.

c. You represent that you have carefully assessed whether our Services and Products and any     third-party services and products available through our Services are appropriate, viable, and safe     for your use, given your particular needs – and you promise that you will continue to do so to the     extent you make use of additional Services or Products and/or related third-party     products/services. Furthermore, you represent and warrant that you are mentally and physically     capable of using and healthy and sound enough to use our Services and Products – and any     third-party products and services available in conjunction with our Services – to the extent used     by you. If you have or develop a condition and/or disability that could impact your use of our     Services and/or related third-party offerings, you represent and warrant that a licensed medical     professional has approved your use of our Services and any related third-party offerings to the     extent used by you.

11.   Please Review These Terms Governing Your Purchase of Services and Products.

a. You Authorize Tiny to Effectuate Your Purchase. You should plan for your payment to process    immediately upon finalizing your purchase with Tiny. Effective immediately, you hereby    authorize Tiny to: (a) charge your Payment Method in full for all amounts listed at the time of    purchase/transaction confirmation, inclusive of any taxes, charges, surcharges, and fees; (b)    disclose your Personal Information, Payment Information, and SI to our Affiliates, as well as our    payment providers, laboratory companies, shipping providers, and other third-party service    providers, as reasonably necessary to facilitate the purchase and/or delivery of our Services and    Products and related third-party products and services; (c) make use of any other Payment    Methods you have submitted in the event that one of your Payment Methods is refused or denied.    You represent and warrant that, to the extent you submit Payment Information and/or SI during    the course of using our Services: (a) the entity, organization, or institution connected to such a    transaction will honor the charges you have incurred; (b) you shall be bear full responsibility for    all amounts denied, refused, or uncollected by said entity, organization, or institution. You agree    that Tiny may limit, suspend, or revoke your access if you fail to submit a viable Payment    Method.

b. Return & Refund Policy. Tiny intends to be fair and reasonable in allowing you to cancel your     purchase and return any Kits or Products.

          i. If you purchase Services that involve specimen collection, Tiny offers you multiple              opportunities to furnish a Sample that can be used to derive Analysis Results. If you furnish              a Sample that is too small, lacks sufficient DNA volume, has been damaged or impacted in              transit, or otherwise cannot be properly processed, Tiny will attempt to reprocess this              Sample and, if unsuccessful, will send you a new Kit at no additional charge. If, your              subsequent attempt to provide a Sample is unsuccessful for any of the foregoing reasons,              Tiny will refrain from sending you an additional Kit in connection with this particular              purchase; you agree that your sole and exclusive remedy, under such a circumstance, is a full              refund of the amount you paid for the unsuccessful specimen collection services, less any              applicable shipping and handling.

         ii. You may cancel your purchase for a Product or Services within twenty-four (24) hours of               said purchase. If you cancel within this time period, you will receive a full refund of your               purchase, inclusive of tax, shipping and handling.

        iii. If twenty-four (24) hours has elapsed since your purchase – but you are still within fourteen               (14) days of your purchase – you may be entitled to a full refund of your purchase, minus an               administrative fee of thirty dollars ($30) and any applicable tax, shipping, and handling, all               of which are non-refundable.

       iv. You are not entitled to any refunds or returns: (a) after fourteen (14) days have elapsed since              your purchase; (b) to the extent you or a third-party damages, destroys, loses, or abandons a              Kit: (c) in the event that you violate these Terms or any other agreement with Tiny. You              acknowledge and accept that all risk of loss, damage, destruction and abandonment with              respect to a Product that you are attempting to return remains with you until you have              provided that Product for return to Tiny’s authorized shipping provider.

         v. You agree to allow Tiny up to sixty (60) days to process and issue a refund, based on the date               of your refund request.

c. Damaged & Non-Conforming Products. All risk of loss, damage, destruction, and abandonment     with respect to a Product passes to you upon the delivery of that Product to you or your     designated recipient. If Tiny and/or our Affiliates fails to deliver any Product to specification (e.g.     model, dimension, color) by its guaranteed delivery date, or if such a Product is damaged when     delivered, you are entitled to return that Product and either (i) receive a replacement Product in     lieu of the one you returned; or (ii) cancel your purchase and receive a full refund or credit (at     your election) for all amounts paid towards the Product in question. Under either scenario, Tiny     will arrange for and cover all costs and expenses arising out of the pick-up and return of a     damaged and/or non-conforming Product. In order to effectuate a return of a damaged and/or     non-conforming Product, you must notify Tiny of the damage and/or non-conformity in writing     within forty-eight (48) hours of your receipt of the Product.

d. EXCEPT AS STATED IN THIS SECTION 11, ALL SALES ARE FINAL. Except as herein     permitted, Tiny does not issue any refunds or credits, and we do not accept returns. Tiny reserves     the right, in its sole discretion, to issue a refund, credit, rebate, discount, coupon, or some other     form of reimbursement or incentive to one or more individuals or entities without any obligation     to offer the same at any other time, to any other person or entity. Furthermore, Tiny reserves the     right to correct any errors relating to the pricing or charging of prices in connection with our     Services and Products, and any third-party products or services offered in connection with our     Services; this includes, without limitation, the right to correct any overcharges or undercharges,     and to cancel and refund any purchases relating to such errors.

12.  You Agree to Indemnify Tiny, Limit Our Liability, and Refrain from Injunctive Measures.

a. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER TINY NOR    OUR AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY    CONSEQUENTIAL, INDIRECT, INCIDENTAL, RELIANCE OR SPECIAL DAMAGES – OR    FOR ANY FEES, COSTS, OR PENALTIES – IRRESPECTIVE OF (i) THE NATURE AND    THEORY OF LIABILITY, (ii) THE FORESEEABILITY OF HARM OR DAMAGES, (iii)    WHETHER TINY WAS ADVISED AS TO THE POSSIBILITY OF HARM OR DAMAGES, AND    (iv) WHETHER A REMEDY FAILED OF ITS ESSENTIAL PURPOSE. TO THE FULLEST    EXTENT ALLOWED BY LAW, YOU AGREE THAT THE MAXIMUM, AGGREGATE    LIABILITY FOR TINY AND OUR AFFILIATES IN CONNECTION WITH TINY’S SERVICES,    PRODUCTS, AND/OR THESE TERMS SHALL BE THE GREATER OF (i) $10.00 U.S.D. OR (ii)    AMOUNTS ACTUALLY PAID BY YOU FOR THE RECEIPT OF THE SUBJECT SERVICES    AND/OR PRODUCTS. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY    MATTERS ARISING OUT OF AND/OR RELATING TO THE RECKLESSNESS AND/OR    INTENTIONAL MISCONDUCT OF TINY. FURTHERMORE, THIS LIMITATION OF    LIABILITY SHALL NOT APPLY TO MATTERS ALLEGING A BODILY INJURY OR DEATH    DIRECTLY RESULTING FROM THE ACTIONS AND/OR OMISSIONS OF TINY AND/OR    OUR AFFILIATES. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO ANY    INDEMNIFICATION OBLIGATIONS UNDER SUBSECTION 12.C, INFRA.

b. TO THE FULLEST EXTENT ALLOWED UNDER LAW, YOU HEREBY AGREE: (i) YOU     SHALL NOT, DIRECTLY OR INDIRECTLY, MAKE ANY EFFORT TO ENJOIN TINY OR     OTHERWISE RESTRAIN US FROM PROVIDING SERVICES; (ii) YOU ARE NOT ENTITLED     TO ANY INJUNCTIVE OR EQUITABLE RELIEF IN CONNECTION WITH THESE     SERVICES. THIS PROVISION APPLIES, WITHOUT LIMITATION, TO TINY’S SPECIMEN     COLLECTION SERVICES, MICROBIOME ANALYSIS AND ANALYSIS REPORTING     SERVICES, MICROBIOME CONSULTATION SERVICES, INFORMATION SHARING     SERVICES, RESEARCH SERVICES, DATA COMPILATION AND ANALYSIS SERVICES, AND     CONTENT CREATION SERVICES,

c. TO THE FULLEST EXTENT ALLOWED UNDER LAW, YOU HEREBY AGREE TO     INDEMNIFY, DEFEND, AND HOLD TINY AND OUR AFFILIATES HARMLESS IN     CONNECTION WITH ANY THIRD-PARTY CLAIM, DISPUTE, CONTROVERSY, MATTER,     OR CAUSE OF ACTION – AND ALL RELATED LOSSES, LIABILITIES, DEBTS, DAMAGES,     FEES, COSTS, EXPENSES, FINES, AND PENALTIES – ARISING OUT OF AND/OR     RELATING TO YOUR USE OF OUR SERVICES AND/OR YOUR ACTS AND/OR OMISSIONS     IN CONNECTION WITH OUR SERVICES, EXCEPT WITH RESPECT TO ACTS AND/OR     OMISSIONS THAT RESULTED FROM TINY’S SOLE NEGLIGENCE, RECKLESSNESS,     KNOWING INTENT, OR STRICT LIABILITY. THIS INDEMNIFICATION PROVISION     EMBRACES, WITHOUT LIMITATION: (A) YOUR USE AND/OR MISUSE OF OUR     SERVICES, PRODUCTS, AND/OR ANY SERVICES AND/OR PRODUCTS THERETO     RELATING (INCLUDING WITHOUT LIMITATION A KIT); (B) ANY ACTS AND/OR     OMISSIONS TAKEN AS A RESULT OF YOUR RECEIPT OF THE ANALYSIS RESULTS; (C)     ANY THIRD-PARTY OPINION, RECOMMENDATION, COURSE OF TREATMENT, PLAN,     OR ITEM OF ADVICE THAT CONCERNS, ARISES OUT, RELATES TO, INCORPORATES,     EMANATES FROM, AND/OR BEARS ON OF THE USE OF OUR SERVICES; (D) ANY     ANALYSIS RESULTS THAT ARISE OUT OF THE USE OF OUR SERVICES AND ANY     USAGE, DISCLOSURE, AND/OR OTHER ACT AND/OR OMISSION RELATING THERETO;     (E) ANY INFORMATION AND/OR DATA YOU PROVIDE TO US, INCLUDING WITHOUT     LIMITATION ANY SELF-REPORTED SI; AND (F) YOUR VIOLATION OF ONE OR MORE     TERMS, INCLUDING WITHOUT LIMITATION ANY BREACH OF REPRESENTATION,     WARRANTY, OR COVENANT SPECIFIED IN THIS THESE TERMS. THIS     INDEMNIFICATION CLAUSE APPLIES TO ALL MANNERS OF CLAIMS, DISPUTES, AND     CONTROVERSIES, WITHOUT EXCEPTION. YOU ACKNOWLEDGE AND AGREE THAT     TINY AND ITS AFFILIATES RESERVE THE EXCLUSIVE RIGHT TO CONTROL THE     DEFENSE, SETTLEMENT, AND SELECTION OF COUNSEL IN CONNECTION WITH ANY     CLAIM, DISPUTE, OR CONTROVERSY FOR WHICH YOU ARE BOUND TO PROVIDE     INDEMNIFICATION BY THIS CLAUSE OR ANY OTHER TERM OR CONDITION, AT YOUR     COST AND EXPENSE. TINY WILL MAKE A GOOD-FAITH EFFORT TO NOTIFY IF WE     LEARN OF ANY CIRCUMSTANCES THAT GIVE RISE TO THE INDEMNIFICATION     OBLIGATIONS HEREIN SPECIFIED.


13.   In Order to Use Our Services, You Accept the Following Waivers and Disclaimers. 

              CERTAIN JURISDICTIONS MAY LIMIT OR FORBID CERTAIN OF THE BELOW-LISTED WAIVERS AND/OR DISCLAIMERS. ACCORDINGLY, IT IS POSSIBLE THAT THE FOLLOWING MAY NOT APPLY TO YOU IN ITS ENTIRETY; HOWEVER, TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, YOU HEREBY AGREE TO THE ALL OF THE FOLLOWING DISCLAIMERS AND WAIVERS, IN THEIR ENTIRETY:

           a.    NEITHER TINY NOR OUR AFFILIATES PROVIDES ANY WARRANTIES WITH RESPECT                   TO ANY SERVICES OR PRODUCTS, OR ANY ASPECT THEREOF THAT IS NOT                   EXPRESSLY STATED IN THESE TERMS.  ALL SERVICES AND PRODUCTS AND ASPECTS                   AND  FEATURES THEREOF ARE PROVIDED "AS IS,'' “WITH ALL FAULTS”, AND "AS                   AVAILABLE" BASIS, WITHOUT ANY WARRANTY WHATSOEVER (E.G.                   WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,                   AND INTELLECTUAL PROPERTY RIGHTS).  THIS CLAUSE APPLIES REGARDLESS OF                   WHETHER THE WARRANTY IN QUESTION IS EXPRESS OR IMPLIED, OR                   WHETHER THE WARRANTY ARISES IN THE COURSE OF PERFORMANCE, USAGE OF                   TRADE, DEALING, OR OTHERWISE.  THIS PARAGRAPH APPLIES, WITHOUT                   LIMITATION, TO OUR KITS,  ANALYSIS RESULTS, CONSULTATION SERVICES, AND                   PERSONALIZED OFFERINGS, AND ALL DOCUMENTS, COMMUNICATIONS, DATA, OR                   INFORMATION RELATING THERETO.

         b.    WITH RESPECT TO ANY “FORWARD-LOOKING STATEMENTS,” TINY DISCLAIMS ALL                  DUTIES, DEBTS, OBLIGATIONS, AND LIABILITIES.

          c.    THOUGH CERTAIN ASPECTS OF THE TH CONTENT AND/OR OTHER SERVICES MAY                  BE  PROVIDED BY HEALTHCARE PROFESSIONALS, NEITHER TINY NOR OUR                  AFFILIATES OFFERS YOU MEDICAL ADVICE, OPINION, GUIDANCE, DIAGNOSIS,                  TREATMENT, OR CARE, OR ANY OTHER MEDICAL SERVICES, IN THE COURSE OF                  PROVIDING SERVICES OR OTHERWISE.  

         d.    NEITHER TINY NOR OUR AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION                 REGARDING THE QUALITY, EFFICACY, ACCURACY, RELIABILITY, TIMELINESS,                 SAFETY,  OR RESULTS OF OUR SERVICES – EITHER GENERALLY, OR WITH RESPECT TO                 ANY PERSON’S OR ENTITY’S SPECIFIC, INDIVIDUAL NEEDS. THIS PARAGRAPH                 EMBRACES, WITHOUT LIMITATION, A LACK OF WARRANTY OR REPRESENTATION                 REGARDING ANY ANALYSIS RESULTS.

           
e.   NEITHER TINY NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT THE TH                          CONTENT WILL BE COMPLETE, ACCURATE, PRECISE, UP-TO-DATE, OR RELIABLE.                  YOU ACKNOWLEDGE THAT, WITH RESPECT TO OUR SERVICES, YOUR ACCESSIBILITY,                 VISIBILITY, AND SPEED OF USE MAY BE IMPACTED BY SUCH FACTORS AS LOCATION,                 CONNECTION, DEVICE TYPE, BANDWIDTH, AND CONCURRENT TRAFFIC.

          f.   TINY USES CERTAIN SAFEGUARDS TO REASONABLY PROTECT THE SECURITY AND                INTEGRITY OF YOUR PERSONAL INFORMATION, PAYMENT INFORMATION, AND SI, AS                WELL AS THAT OF OUR NETWORKS, SYSTEMS, TECHNOLOGIES, AND TH CONTENT.                NONETHELESS, YOU ACKNOWLEDGE AND ACCEPT THAT – EVEN WITH THE MOST                ROBUST SECURITY POLICIES AND PRACTICES TINY CANNOT GUARANTEE OR                PROMISE THAT (i) SUCH DATA, INFORMATION, CONTENT, MATERIALS, AND                TECHNOLOGIES WILL BE 100% SAFE FROM UNAUTHORIZED ACCESS AND/OR USE;                (ii) OUR TECHNOLOGIES, CONTENT, AND MATERIALS WILL REMAIN FREE OF                HARMFUL OR DESTRUCTIVE COMPONENTS LIKE MALWARE; OR (ii) OUR                COLLECTION, RECEIPT, STORAGE, AND TRANSMISSION OF SUCH DATA,                INFORMATION, CONTENT, MATERIALS, AND TECHNOLOGIES WILL REMAIN                COMPLETELY SECURE. TINY AND OUR AFFILIATES ACCORDINGLY DISCLAIM ALL                LIABILITY ARISING OUT OF AND/OR RELATING TO THE SECURITY, INTEGRITY,                AND/OR UNAUTHORIZED ACCESS OR USE OF YOUR INFORMATION, EXCEPT TO                THE EXTENT IT RESULTS FROM THE RECKLESSNESS AND/OR INTENTIONAL                MISCONDUCT OF TINY AND/OR ONE OR MORE OF OUR AFFILIATES.

         g.   NEITHER TINY NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT OUR                SERVICES (INCLUDING BUT NOT LIMITED TO OUR SPECIMEN COLLECTION AND                MICROBIOME ANALYSIS SERVICES) HAVE FUNCTIONED OR WARRANT THAT THEY                WILL FUNCTION IN A MANNER THAT IS ERROR-FREE AND UNINTERRUPTED.                NEITHER TINY NOR OUR AFFILIATES WARRANTS OR REPRESENTS THAT WE WILL                ADDRESS ANY MALFUNCTIONS OR DEFECTS, PRESERVE ANY TH CONTENT, REVIEW                ANY PRODUCTS OR SERVICES, OR  CONDUCT ANY UPDATES OR IMPROVEMENTS.                AND PRODUCTS.

14.   Choice of Law and Jurisdiction

          
a.   Choice of Law. Any claim, dispute, suit, matter, or controversy arising out of or relating to                Tiny, our Affiliates, our Services, our Products, a transaction in connection with one or more                Products and/or Services, Personal Information, Payment Information, SI, one or more of                third-party products and/or services arising out of and/or relating to our Services and/or                Products, and/or the Terms will be construed and governed in accordance with the laws of the                State of California, without regard to its conflict of laws principles, except to the extent that                California law is preempted by or inconsistent with federal law.

         
 b.   Venue and Jurisdiction.  Except to the extent that a dispute is arbitrated or brought in small                 claims court pursuant to Section 15 below, the parties agree that all disputes must be                 litigated in the state or federal courts in San Francisco, CA. You and Tiny each waive any                 defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum                 non convenience.

        c.    U.S. Jurisdiction.  Tiny and its properties are located in and operated from the United States.                Tiny does not intend to be subject to any non-U.S. law or jurisdiction, under any                circumstances, and you agree that you shall not pursue any claims, disputes, or controversies                against Tiny insofar as they are subject Tiny to non-U.S. law or jurisdiction.

15.   Binding Arbitration of Disputes on an Individual Basis1

        a. Claims subject to arbitration. You and Tiny agree to arbitrate all disputes and claims             arising out of or relating in any way to Tiny, our Affiliates, our Services, our Products, a             transaction in connection with one or more Products and/or Services, Personal Information,             Payment Information, SI, one or more of third-party products and/or services arising out of             and/or relating to our Services and/or Products, and/or the Terms. This arbitration provision             is intended to be broadly interpreted. It includes, but is not limited to:

        •   Claims relating to our specimen collection services, your Sample, an analysis of your Sample,             your Analysis Results, and any documents, communications, data, or information relating to             your Analysis Results.

       •    Claims relating to any aspect of the relationship between you and Tiny, whether based in             contract, tort, negligence, fraud, misrepresentation, trespass, or any other statutory or             common-law legal theory;

      •     Claims relating in any way to your interactions with or any actions taken by Tiny, our             Affiliates, and/or any of our third-party partners and/or providers;

      •.    Claims relating to Tiny’s use, protection, or disclosure of information about you, including             your Personal Information, Payment Information, and SI,

      •.    Claims concerning Tiny’s marketing and/or advertising of third-party products and services             to you;

     •.     Claims that arose before your acceptance of the Terms or any current or prior agreement             between you and Tiny, such as claims related to advertising or disclosures;

     •.    Claims that arise after the termination of this or any other agreement between you and Tiny;            and

     •.    Except as specified in Section 15(b) below, any disputes relating to the interpretation,            applicability, scope, waiver, or enforceability of this arbitration provision, such as a dispute            over whether a claim can or must be brought in arbitration.

In this Section 15 only, references in this to “Tiny,” “we,” “our,” and “us” include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future subsidiaries, Affiliates, related entities, and all authorized or unauthorized users or beneficiaries of our Services or any Products purchased from Tiny. You agree that, by entering into this Agreement, you and Tiny are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

b. Claims not subject to arbitration. Notwithstanding the foregoing, you or Tiny may bring an     action in your local small claims court seeking only individualized relief, so long as the action     remains in that court and is not removed or appealed to a court of general jurisdiction. If your     jurisdiction permits small claims court judgments to be removed or appealed to a court of     general jurisdiction for a trial de novo, that appeal shall be resolved in arbitration in accordance     with this arbitration provision. This arbitration provision does not preclude you or Tiny from     bringing issues to the attention of federal, state, or local agencies or law enforcement. In addition,     in the event of a dispute over the applicability or enforceability of any of the prohibitions in     Section 15(b), that dispute shall be resolved in court, not by any arbitrator.

c. Requirement of individual arbitration.  The arbitrator may award relief (including, but not     limited to, damages, restitution, declaratory relief, and 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. YOU AND TINY 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, REPRESENTATIVE, OR     PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and Tiny agree     otherwise, the arbitrator may not consolidate more than one person’s claims. The arbitrator may     not preside over any form of a representative, class, or private attorney general proceeding. If,     after exhaustion of all appeals, any of these prohibitions on non-individualized relief; class,     representative, and private attorney general claims; and consolidation is found to be     unenforceable with respect to a particular claim or with respect to a particular request for relief     (such as a request for injunctive relief), then the parties agree that such a claim or request for     relief shall be decided by a court of competent jurisdiction after all other claims and requests for     relief are arbitrated.

d. Arbitration procedures. A party who intends to seek arbitration must first send to the other a     written Notice of Dispute. A Notice of Dispute to Tiny should be addressed to Seeding, Inc., Attn:     Legal Department, 925 Juanita Drive, Walnut Creek, CA 94595. A Notice of Dispute to you will be     sent to the last address you provided to Tiny. A Notice of Dispute must (i) provide your name,     address, phone number, and the email address we have on file for you; (ii) describe the nature and     basis of the claim or dispute; and (iii) set forth the specific relief sought. If you and Tiny do not     reach an agreement to resolve the claim within 60 days after the Notice of Dispute is received,     you or Tiny may commence arbitration with JAMS, which shall administer the arbitration under     its Consumer Arbitration Rules in effect at the time (“JAMS Rules”). You may obtain a copy of the     JAMS Rules by visiting the JAMS website at jams.org. If the JAMS is unavailable to administer an     arbitration, another provider will be selected by agreement of the parties or by the court     pursuant to 9 U.S.C. § 5. Except as provided in Section 15(c) above, the arbitrator can award the     same remedies available under applicable law that a court can award (including statutory and     punitive damages and statutory attorneys’ fees). The arbitrator may consider rulings in other     arbitrations involving different customers, but an arbitrator’s ruling will not be binding in     proceedings involving different customers. Unless you and Tiny agree otherwise, any arbitration     hearings will take place in the county (or parish) of your billing address. The arbitrator may also     conduct hearings by videoconference or by telephone or resolve claims or defenses on the basis of     papers submitted by the parties. Regardless of the manner in which the arbitration is conducted,     the arbitrator shall issue a reasoned written decision. The award shall be final and binding on the     parties, and judgment may be entered on the award by any court with jurisdiction and by any     state or federal court in San Francisco, CA, the jurisdiction and venue of which you and Tiny both     agree.

e. Arbitration fees.  If Tiny initiates arbitration or you initiate arbitration of claims valued at     $25,000 or less, Tiny will pay all JAMS filing, administration, case management, hearing, and      arbitrator fees (“JAMS Fees”), so long as you have fully complied with the Notice of Dispute      requirements in Section 15(d).  If you seek relief valued at greater than $25,000, the payment of      JAMS Fees shall be governed by the JAMS Rules. Nothing in this Section 15(e) prevents the      arbitrator from reallocating the JAMS Fees in accordance with the JAMS Rules in the event that      the arbitrator finds that a claim violates the standards set in Federal Rule of Civil Procedure 11.

f. 30-Day period to reject arbitration. You may opt out of this Section 15 of the Terms within thirty     (30) days of execution by providing written notice to Seeding, Inc., 925 Juanita Drive, Walnut     Creek, CA 94595. To be valid, an opt-out notice must (i) include your name, the email address we     have on file for you, and a statement that you are rejecting the arbitration provision in the Terms;     and (ii) be received by Tiny within 30 days after your initial acceptance of the Terms. If you elect     to opt-out under this paragraph, you agree that all other terms and conditions herein stated and     stated in other agreements between you and shall remain in full force and effect; that includes,     without limitation any other arbitration agreements between you and Tiny.

16.  Miscellaneous

a. Except as expressly permitted otherwise in writing by Tiny, you may not assign, delegate, sell,     or transfer any of your rights or obligations under these Terms. Any purported assignment or     delegation in violation of this Section 16.a is null and void. No assignment or delegation     relieves you of any of your obligations under these Terms. Notwithstanding anything herein     contrary, Tiny may freely assign, delegate, sell, and/or transfer our rights and obligations under     these Terms– and any assets relating to, arising out of, and/or concerning these Terms –     including without limitation circumstances of sale, merger, acquisition, reincorporation,     consolidation, reorganization, or other change of control. These Terms will be binding on the     Parties’ heirs, permitted assigns, administrators, and other legal representatives, and shall     insure to the benefit of the Parties and any of its successors and/or assigns.

b. You acknowledge and agree that Tiny shall hold no liability or responsibility for any losses,     liabilities, damages, harms, costs, expenses, fees, or penalties, nor be deemed to have defaulted     or breached these Terms, for any failure or delay in fulfilling or performing any term of these     Terms that results from factors beyond the scope of our reasonable control. This includes     without limitation, acts of God, weather, the slowdown or shutdown of carriers, transportation,     and/or utilities, strikes and protests, border delays, health crises and/or pandemic illnesses,     closures and/or lockdowns, acts of warfare and/or terrorism, and actions taken by government     agencies.

c. If any of the Terms herein – or any portion(s) of any terms or conditions – are held     unenforceable, the impact of that unenforceability (i.e. limitation or exclusion of terms) will be     construed as narrowly as possible to the extent permitted by law and it does not invalidate or     render unenforceable such term or provision in any other jurisdiction; moreover, the remainder     of these Terms– and all other portions thereof – shall nevertheless remain in full force and     effect to the extent legally permissible.

d. Any translation of these Terms or the TH Content is merely provided as a convenience. Any     discrepancy or dispute involving a translated version of these Terms and/or the TH Content     and the English version thereof shall be resolved in favor of the English version. Our headings     and section titles in these Terms are provided strictly for your convenience; they have no     binding or representative effect on either Party.

e. No waiver under these Terms is effective unless it is in writing, identified as a waiver to these     Terms, and signed by an authorized representative of the Party waiving its right(s). The Parties     agree that any failure by either Party to require the other’s strict adherence to any term or     condition herein shall, in no manner, be construed as a waiver of any right(s) by that Party, nor     shall such a failure be construed to remove or dilute the effect of any term, condition, or     requirement stated in these Terms. These Terms may not be amended or modified unless     specified in writing and bearing the consent of both Parties.

f. In so far as these Terms include any errors or ambiguities related to spelling, grammar, or     syntax – or any other clear errors or ambiguities – these errors and ambiguities shall be     construed to reflect the intent of the Parties. This includes, without limitation: (a) any     ambiguities, inconsistencies, misuses, or uncertainties around the usage of the word “and” vs.     “or” vs. “and/or”; and (b) any ambiguities, inconsistencies, misuses, or uncertainties around the     usage of the word “including” – which shall mean “including without limitation,” rather than     as point of exclusion, unless otherwise noted; (c) any ambiguities, inconsistencies, misuses, or     uncertainties around the usage of the word “Service” vs. “Services” vs. “Service(s)” - which shall     not render any language inapplicable by virtue of the fact that it does or does not refer to more     than one (1) Service. The Parties agree that the Terms shall be construed as if drafted jointly by     the Parties, and no presumption or burden of proof shall arise favoring or burdening any of the     Parties by virtue of the authorship of any term or condition herein appearing; the language     used herein will be deemed to be the language chosen by the Parties hereto to express their     mutual intent, and no rule of strict construction will be applied against any Party.

g. All notices, requests, consents, claims, demands, waivers, and other communications from you      to Tiny in connection with these Terms (each, a “Notice”) shall be in writing and addressed to     Tiny at the address on this website. All Notices shall be delivered by personal delivery,     nationally recognized overnight courier (with all fees pre-paid) or certified or registered mail     (in each case, return receipt requested, postage prepaid).

h. These Terms benefit solely the Parties and their permitted assigns and nothing in these Terms,     express or implied, confers on any other person or entity any legal or equitable right, benefit,     or remedy of any nature whatsoever under or by reason of these Terms.

i. All terms and conditions in our Terms which are reasonably intended to survive termination    shall so survive, regardless of which party terminates. Each surviving term and condition shall    survive until its purpose is fulfilled and/or no longer applicable – or, otherwise, indefinitely. To    the extent any of the Terms contain one or more provisions which are not applicable as to this    Subsection 16.i, the parties acknowledge and agree that the inapplicable provision(s) shall    simply be severed from interpretation, and that the rest of the provisions shall survive as    described in this Subsection 15.i.

           j. Notice to California Residents

                  California residents are entitled to the following, specific consumer rights information:  The provider of the Services is:

Seeding, Inc.
Attention: Legal Department
6104 Old Fredericksburg Rd #91622, Austin TX 78749
Main Number: (502) 437 - 9588

             If you should have any further questions, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

            Thanks for reading! Again, please contact us if you have any questions or concerns. We appreciate your interest and wish you good health and safety!