Terms and Conditions

These Terms and Conditions govern your access to and use of the Lungfish website, defining the rights, responsibilities, and guidelines for using our services.

Terms and Conditions

Welcome to Lungfish, an Inkfish LLC project (“Lungfish”, “we”, “our”, or “us”). This Terms and Conditions Agreement (the “Terms”) is a legal agreement between you and Lungfish and governs your use of the Services. The “Services” means: (a) our public website at https://lung.fish; (b) our data hub at https://datahub.lung.fish; (c) our mobile application; and (d) our open data portal at https://opendata.lung.fish (together, the “Site”), and any and all services provided to you by Lungfish through the Site. By using our Services, you or your organization (also “you” or “your” or “their” or “user”) agree to be bound to these Terms, and to the extent such acceptance by you is made on behalf of any other individual, entity, or organization, you represent and warrant you are authorized to bind such other individual, entity, or organization to these Terms. BEFORE ACCESSING THE SERVICES OF LUNGFISH, PLEASE READ THESE TERMS CAREFULLY, AS THEY (AMONG OTHER THINGS) LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. Representations.

BY USING OUR SERVICES, INCLUDING CREATING AN ACCOUNT, REGISTERING FOR ACCESS, DOWNLOADING ANY APP OR DATA WE MAY OFFER, AND/OR SUBMITTING DATA THROUGH THE SITE, YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS HEREIN. YOUR ACCEPTANCE OF THESE TERMS CREATES A LEGALLY BINDING CONTRACT BETWEEN YOU AND LUNGFISH. IF YOU DO NOT AGREE WITH ANY ASPECT OF THESE TERMS, THEN DO NOT USE THE SERVICES. By accessing our Services, you represent and warrant that: (a) you have not been previously suspended or removed from the Services; (b) you do not impermissibly have more than one Account (defined below) with us; and (c) you have the full power and authority to enter into these Terms, either on your own behalf or on behalf of any other individual, entity, or organization.

2. Privacy Policy.

By accessing or using our Services, you also acknowledge having read our Privacy Policy, which contains details relating to our collection, use, and disclosure of your Personal Information (as defined therein).

3. Individual Features.

When using the Services, you will be subject to any additional posted or provided guidelines or rules applicable to specific services, offers, devices, products, and features we may communicate from time to time (“Guidelines”). Guidelines may include additional agreements, including those related to certain Inkfish- or Lungfish-related research programs. All such Guidelines are hereby incorporated by reference into these Terms. Please note that additional and/or different conditions and terms of use may apply to media or services provided through one or more of our partners or business associates, and you should refer to those before using such.

4. Modification.

We may make modifications, deletions, and/or additions to these Terms (“Changes”) at any time. Changes will be effective: (a) thirty (30) days after we provide notice of the Changes, whether such notice is provided via the Services or through other user interfaces, such as the email, address, or phone number you have provided to us; or (b) when you opt-in or otherwise expressly agree to the Changes or a version of these Terms incorporating the Changes, whichever comes first.

5. Accounts and Registration.

5.1. The public website at https://lung.fish does not require login or registration. Access to the data hub (https://datahub.lung.fish) and the mobile application requires authorized users to create an account (“Account”) using single sign-on (SSO) via Google or Microsoft, API or similar verification, or by creating a username and password. The open data portal (https://opendata.lung.fish) may require free registration. In connection with creating an Account, you may be asked to provide your first and last name, site, location, role, and institutional affiliation. You represent that you are at least the age of majority in your jurisdiction and, if you access or use the Services on behalf of an institution or organization, that you are authorized to do so. The Services and App are intended for authorized adult users and are not directed to children or minors.

5.2. All information that you provide to Lungfish or its vendors, agents, associates, or partners is subject to Lungfish’s Privacy Policy and/or the respective third-party privacy policy. You are responsible for keeping your information up to date. Each Account is assigned to an individual authorized user and is personal and non-transferable. An authorized user may use their Account on behalf of a participating organization if authorized to do so, but Accounts may not be shared or transferred. If you create an Account with us, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by any signup, login, and/or registration forms associated with our Site (“Registration Data”); (b) maintain the security of your password and identification as such may be required; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current, and complete; (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us; and (e) notify us immediately of any unauthorized use of information you provide to us, including your Registration Data or of any other breach of security regarding your Account.

5.3. As an Account holder, you agree to receive administrative communications from Lungfish via email. If you use our mobile application, you may also receive push notifications related to your use of the Services. You may manage your notification preferences through your Account settings or your mobile device settings. We do not send marketing text messages.

5.4. Certain Services may be available exclusively online through the Site. We reserve the right to limit access to any Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to discontinue any Services at any time. Any offer for any Services made on our Site is void where prohibited.

6. Fees.

The Services are currently provided at no charge except as otherwise specified by Lungfish or agreed in a separate written agreement. Lungfish reserves the right to introduce fees for certain Services in the future, in which case we will provide advance notice and updated terms; however, such fees will not apply to participation covered by a signed participation agreement unless that agreement is amended or the participating party separately agrees in writing.

7. International Access.

The Services may be accessed from countries other than the United States. If you access and use our Services outside the United States, you are responsible for complying with your local laws and regulations, and you consent to the processing, transfer, and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law. We make no representation that any part of our Services is appropriate or available for use in other locations.

8. Ownership; Proprietary Rights.

The Site is owned and operated by Lungfish. The content, visual interfaces, information, graphics, design, compilation, computer code, software, Site, and all other offerings and elements thereof that are provided by Lungfish (“Lungfish Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Lungfish Materials are the proprietary property of Inkfish LLC or its subsidiaries or affiliated companies and/or third-party licensors, including its one or more academic partners (“Academic Partners”), or as otherwise noted in connection therewith. All trademark, service mark, and trade name rights mentioned on the Site or in connection with the services offered are the property of their respective owners. Users may not download, use, export, or re-export any content posted or accessed via the Site or Services including any Lungfish Materials utilized or available in connection with the Site in violation of any applicable laws or regulations, including, without limitation, United States export laws, regulations, and controls. Except as expressly authorized by Lungfish, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, infringe upon, or otherwise make unauthorized use of the Lungfish Materials. Prior written permission to use, reproduce, or reprint any of the Lungfish Materials (or portion thereof) or other information or materials used for the Services must be obtained from the owner for any commercial use. Any unauthorized use of the Lungfish Materials may be in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties. Certain data available through the open data portal (https://opendata.lung.fish) may be made available under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License (CC BY-NC-SA 4.0), or any successor common license designated by Lungfish and/or its partners. Use of such data is subject to the terms of that license, and publication or open-data release does not transfer ownership in Devices, Accounts, program results, discoveries, derivative works, or intellectual property inherent in or derived therefrom. To notify Lungfish of any suspected infringement of copyright, trademark, or other rights, please see the information contained herein regarding the Digital Millennium Copyright Act (“DMCA”) procedures, and contact us at info@lung.fish.

9. Errors, Inaccuracies, and Omissions.

Occasionally, there may be information provided via the Services that contains errors, inaccuracies, distortions, or omissions that may relate to descriptions, displays, and availability of Services. This Site may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Site may also contain third-party information for which Lungfish is not responsible. The Lungfish Materials should never be relied upon as the sole basis for making any decisions. We and our third-party providers, vendors, agents, associates, or partners will not be liable for any decisions made based on the Lungfish Materials. Any reliance on the Lungfish Materials or information available on or through the Site or Services is at your own risk, and you assume any and all risks associated with your decisions. We reserve the right to correct any errors, inaccuracies, distortions, or omissions and to change or update information at any time without prior notice, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site. While we strive to maintain an accessible Site, we cannot guarantee that every page or feature will be fully accessible at all times. We are committed to continuous improvement and welcome feedback from users.

10. Third Party Sites.

These Terms apply to our Services. Our Services may include content, advertisements, or links that allow you to view or access web sites or other online services or materials that are owned and operated by third parties. We and our third-party providers, affiliates, agents, and licensors may be active investors in businesses related to or mentioned via our Services and may or may not have open investment positions in those businesses. You assume any and all risk associated with your decisions irrespective of whether we or our third-party providers, affiliates, agents, or licensors hold positions or interest in Third-Party Sites mentioned via our Services. You acknowledge and agree that Lungfish (and its owners, officers, employees, and agents) is not responsible and shall have no liability for the content of such third-party sites, and products or services made available through them, or your use of or interaction with them. If provided, you should review the terms and conditions of any linked websites or resources carefully.

11. Third-Party Services.

The Site may include features or functionality that interoperate with online services operated by third parties (such services, “Third-Party Services”), such as to pay for products through a Third-Party Service, pursuant to agreements between Lungfish and the operators of such Third-Party Services (such agreements, “Third-Party Agreements” and such operators, “Operators”) or through application programming interfaces or other means of interoperability made generally available by the Operators (“Third-Party APIs”) which Lungfish does not control. Third-Party Agreements and Third-Party APIs (and the policies, terms, and rules applicable to Third-Party APIs) may be modified, suspended, or terminated at any time. You acknowledge and agree that Lungfish is not responsible and shall have no liability for the content of such third-party sites, products, or services made available through them, or your use or interaction with them. You should review the terms and conditions of any linked websites carefully.

12.Prohibited Uses.

12.1.General Restrictions. As a condition of your use of the Site, Lungfish Materials, or our Services, you will not use such for any purpose that is unlawful or prohibited by these Terms. Access to the Lungfish Materials, Services, or the Site from locations where such access is illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, payments, or privacy.

12.2.Site Security and Interference. Except as expressly permitted by Lungfish, any use of any of the Lungfish Materials for unauthorized or commercial purposes is strictly prohibited. You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other’s use of the Site or our Services. You may not intentionally interfere with or damage the operation of the Site or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that enforce limitations on the use of the same. You may not attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means, or interfere or attempt to interfere with the proper working of the Site or any activities conducted on or in connection with the same. You may not obtain or attempt to obtain via the Services or Lungfish Materials any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of such, including (without limitation) for the purpose of obtaining unauthorized access to the Site or our Services. Any resale or commercial use of the Site, Lungfish Materials, or our Services is prohibited, as is the distribution, public performance, or public display of any Lungfish Materials; the sending of any junk or unsolicited mail to other users of the Site, including, but not limited to, unsolicited or unauthorized advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, email, junk mail, spam, chain letters, informational announcements, charity requests, petitions for signatures, or other form of solicitation; the collecting or storing any personal information from other users of the Site; and any use of our Site, Lungfish Materials, or Services, other than for their intended purpose.

12.3.Robots, Scraping, and AI Training Prohibition. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, crawler, or other manual or automated device, tool, process, means, or interface not expressly authorized by us to data mine, access, interfere with, or scrape the Site or our Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site or our Services.

12.4.Framing, Metatags, and Deep-Linking. You may not utilize framing techniques to enclose any trademark, logo, or other Lungfish Materials without our prior, express, written consent. You may not use any metatags or any other “hidden text” utilizing Lungfish’s name or trademarks without our prior, express, written consent. You may not deep-link to the Site and shall upon notice from Lungfish promptly remove any links to Lungfish Materials that Lungfish finds objectionable in its sole discretion. You may not use any Lungfish logos, graphics, or trademarks as part of the link without our prior, express, written consent.

12.5.Unauthorized Use; AI and Machine Learning. You may not use the Services or Lungfish Materials for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms. Any use of our Site, Lungfish Materials, or Services (including via API access, functionality, or queries) other than as specifically authorized in these Terms, without our express, prior, written permission, is strictly prohibited. Data available through the Services may be used for artificial intelligence (“AI”) analysis as part of the Services provided by Lungfish. However, the use of any Lungfish Materials, data, or content available through the Services for the purpose of training AI systems, large language models (“LLMs”), or similar machine learning technologies without the express, prior, written consent of Lungfish is strictly prohibited. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Upon notice from Lungfish, you agree to promptly remove any links or content associated with our Site or Services that we find objectionable in our sole discretion. We have the right to terminate the access and/or Accounts of users who we believe in good faith to be violating any laws whatsoever. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

12.6.Legal and Ethical Standards. You agree to use the Site, Services, and Lungfish Materials responsibly, in compliance with all applicable legal and ethical standards.

12.7.Equitable Relief. You hereby acknowledge that any breach of your obligations in this Section 12 (Prohibited Uses) would cause us irreparable harm for which we have no adequate remedies at law. Accordingly, you agree that we are entitled to specific performance and/or injunctive relief for any such breach, without posting a bond or proving actual damages, and without prejudice to any other remedies that may be available to us.

13. Information.

In order to access certain aspects of the Site or our Services, you may be required to create an Account and/or provide specific information, as described in Section 5 above. All information you submit, including Registration Data, must be truthful. Any Account access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your Registration Data and/or Account (if any) and access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

14. User Communications.

Under these Terms, including in connection with any Account, you consent to receive communications from Lungfish electronically via email. If you use our mobile application, you may also receive push notifications related to the Services. You may manage your push notification preferences through your mobile device settings. We do not send marketing text messages. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Our Services may allow you or other users, including our Academic Partners, to post, link, store, or otherwise make available information, data, text, and/or other materials (“User Content”). You are solely responsible for your use of User Content and features and use it at your own risk. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content. By using any User Content, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Services any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent, or otherwise objectionable (as determined in our reasonable discretion);

  • User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any other or that would any local, state, national, or international law;

  • User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any other;

  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that provides private information of any third-party including addresses, phone numbers, email addresses, Social Security numbers, and similar information;

  • User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using and benefiting from our Site, including, without limitation, User Content that contains or installs any viruses, worms, malware, Trojan horses, or other harmful or destructive content;

  • User Content that is spam or randomly-generated, or contains unethical or unwanted or irrelevant (in our sole discretion) commercial content, or that furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing);

  • User Content that does not comply strictly with any carrier agreements and terms associated with your mobile device; and

  • User Content that attempts to or does disrupt the Site or Services.

We may from time to time provide interactive Services, including, without limitation: user-maintained help websites, chat rooms, and/or bulletin boards. Where we do provide any interactive service, we will attempt to provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, we are under no obligation to oversee, monitor, or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive Service we offer by a user in contravention of our content standards, whether the service is moderated or not.

15. Mobile App.

15.1. Lungfish provides Services through a mobile application (the “App”) developed for the Apple Inc. (“Apple”) and Google/Alphabet Inc. (“Android” or “Google”) mobile platforms. The App is designed for use by enrolled site participants at participating locations. The App is for use by participating adults with authenticated Accounts with us, and is not designed for, intended for, or directed or targeted toward children. The App is considered an extension of the Site, is included in the definition of such, and is subject to these Terms, along with any content contained therein. The App enables users to scan barcodes using a device camera and records GPS position, time, and date in connection with sample collection. The App may collect Personal Information from you or those using the App under your direction or on your behalf in connection with your account. Please refer to our Privacy Policy for how we handle such Personal Information.

15.2. The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used for your internal, authorized, non-commercial use in connection with the Services and any applicable research program offered in connection with Inkfish, subject to all the terms and conditions of these Terms. You will only use the App in connection with a device that you own or control.

15.3. By using the App, you agree that we may communicate with you regarding Lungfish by push notifications or email. In the event you change or deactivate your mobile telephone number or email address, you agree to promptly update your Lungfish account information and Registration Data to ensure that your communications are not misdirected.

15.4. In order to use the App, your mobile device must satisfy certain system requirements. Those requirements can be found on the Apple and Google app marketplaces. Lungfish may, from time to time in its sole discretion, make updates, modifications, supplements, or new versions of the App or this Site available to you under these Terms for the purpose of, among other things, distributing bug fixes, patches, and feature improvements, or for any other reason. We highly recommend that you enable automatic updating on your mobile device or that you promptly install all updates as they appear. Lungfish disclaims any and all liability relating to your failure to install any updates to the Site, including the App. Notwithstanding the foregoing, Lungfish does not have any obligation to provide any bug fixes, modifications, updates, or technical or end-user support for the Site, including the App.

15.5. You and Lungfish acknowledge that the Terms are concluded between you and Lungfish only, and not with Apple or Google, and that Apple and Google are not responsible for the App or the content. You acknowledge and agree that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple or Google of such failure; upon notification, Apple’s and Google’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App.

15.6. You acknowledge and agree that Lungfish, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the App. You acknowledge and agree that in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Lungfish, and not Apple or Google, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim. Both you and Lungfish acknowledge and agree that, in your use of the App, you will comply with any applicable third-party terms of the agreement which may affect or be affected by such use.

15.7. Both you and Lungfish acknowledge and agree that Apple and Apple’s subsidiaries and Google and Google’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

16. Ownership of Feedback, Testimonials, and User Content.

16.1.Feedback. You are under no obligation to provide any reviews, comments, suggestions, ideas, enhancement requests, feedback, and recommendations regarding us or our Services (“Feedback”) to us. For clarity, sample data, sample metadata, testing results, environmental specimens, and research data submitted or generated in connection with an applicable research program are governed by the applicable participation agreement or program documentation and are not Feedback. You hereby agree that Lungfish alone (and its licensors and/or consortium partners, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to any Feedback you provide to Lungfish in any media regarding Lungfish Materials, and accordingly hereby assign such to Lungfish without any requirement for compensation or accounting therefor. You hereby waive any and all of your rights of droit moral and similar rights with respect to any Feedback.

16.2.Testimonials. From time-to-time, Lungfish may permit end-users to submit reviews and testimonials regarding certain of the Services, as well as biographical information associated with such end-users (collectively “Testimonials”). By submitting a Testimonial, you irrevocably grant to Lungfish the right to use the Testimonial, or any portion thereof, in any and all forms of marketing and promotional material, whether now known or hereinafter developed for any and all uses. You certify to Lungfish that everything you state in the Testimonial is true and an expression of your personal belief. You acknowledge and agree that: (a) at no time did Lungfish provide you with any consultation, advice, or guidance with respect to the substance of the Testimonial; (b) you are not an employee, officer, or director of Lungfish; (c) you are not an immediate family member of an employee, officer, or director of Lungfish; and (d) you are not living in the same household with an employee, officer, or director of Lungfish. You understand and agree that the Testimonial, in whole or in part, may be edited and/or dramatized, and that any part of the Testimonial may be used without compensation to you. You agree that no advertisement or other material incorporating or making reference to the Testimonial need be submitted to you for approval. Lungfish shall be without liability to you whatsoever for any distortion or illusionary effect resulting from its publication of the Testimonial. You expressly release Lungfish (and its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners) from any and all claims that you have or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement, or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, advertisement, or promotion utilizing or incorporating the Testimonial, or any other use of the Testimonial whatsoever. You acknowledge and agree that Lungfish shall not be liable for any causes of action or claims related to your decision to provide the Testimonial to Lungfish.

16.3.License to User Content. You also hereby grant Lungfish a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, world-wide, assignable, licensable, and transferrable license to use and otherwise exploit any User Content or information other than Feedback provided by you or any other party relating to the Lungfish Materials on or in any and all media (now known or hereafter developed) as Lungfish (or any Lungfish vendor, agent, associate, partner, or successor) deems necessary to its business, including in connection with providing the Services. This license survives termination of these Terms. Lungfish reserves the right, and has absolute discretion, to remove, screen, or edit any Feedback or User Content posted or stored in connection with our Services at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on our Site or through our Services, at your sole cost and expense. This User Content license does not apply to environmental specimens, sample data, sample metadata, testing results, or research data submitted or generated under a separate participation agreement, except to the extent necessary to provide the Services, administer Accounts, conduct the applicable research program, deidentify or aggregate data, publish generalized findings, or otherwise use such data as described in the applicable participation agreement and Privacy Policy.

16.4.Representations and Warranties. You represent and warrant that: (a) you will obtain all rights and provide any disclosures to or obtain any consents, approvals, authorizations, and/or agreements from any employee or third party that are necessary for us to collect, use, and share Feedback or User Content you submit in accordance with these Terms and (b) no Feedback or User Content you submit to us infringes upon or violates any other’s intellectual property rights, privacy, publicity, or other proprietary rights.

17. Аvailability of Site.

Lungfish may make changes to or discontinue any of the media, content, Site, or Services available at any time, for any reason, and without notice. Lungfish makes no commitment to update the media, content, Site, or Services. Use of the Services requires an internet connection and may result in charges from your cellular or internet service provider(s). Lungfish is not responsible for any such charges. Lungfish is also not liable for any disruption, failure, or malfunction of the Internet or other service providers, or for any other situation or event that is out of Lungfish’s direct control. Lungfish (and its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners) is not responsible for any acts or omissions of your cellular communication or Internet Service Providers, or unavailability or errors associated with their systems or services.

18. Notice.

Except as explicitly stated otherwise, legal notices shall be served by a user on Lungfish’s national registered agent, or by Lungfish to the email address you provide to Lungfish during any communication or Account registration process. Notice shall be deemed given twenty-four (24) hours after a notice is sent by email, unless the sender is notified that the email address is invalid. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Alternatively, in our sole discretion, we may give you legal notice by mail to the mailing address provided during the registration process via the Site or as we may identify for you. In such case, notice shall be deemed given three (3) days after the date of mailing.

19. Violations; Termination.

19.1.Right to Terminate. You agree that Lungfish, in its sole discretion and for any or no reason, may terminate access to or use of the Services by any Lungfish user, member, or Account (or any part thereof) at any time. Lungfish may also in its sole discretion and at any time discontinue providing access to the Site or our Services, or any part thereof, with or without notice.

19.2.DMCA and Repeat Infringers. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating access to or use of the Services, in appropriate circumstances and at our sole discretion, in connection with any users or Account holders who are deemed to be repeat infringers. We may also at our sole discretion terminate or limit access to our Services and/or Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to our Services and/or terminate Accounts of any users, for reasons of our own discretion that we are not obligated to reveal, at any time.

19.3.Effect of Termination. You agree that any termination of your access to the Site or our Services or any Account you may have with us or portion thereof may be effected without prior notice, and you agree that Lungfish (or its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners) shall not be liable to you or any third-party for any such termination or loss or harm related to your inability to access or use our Services. Lungfish does not permit copyright infringing activities on the Site or in connection with Lungfish Materials. Lungfish reserves the right to terminate access to the Site and/or Services and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site or our Services may be referred to appropriate law enforcement authorities.

19.4.Reservation of Rights; Content Removal. Lungfish also reserves the right to access, read, preserve, and disclose any information we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to user support requests, or (e) protect the rights, property, or safety of Lungfish, its users, and the public. Lungfish also reserves the right to remove content alleged to be infringing another’s intellectual property rights without prior notice, at our sole discretion.

19.5.Non-Exclusive. The remedies are non-exclusive and are in addition to any other rights and remedies Lungfish may have or may be provided by law to Lungfish. You agree that Lungfish (or its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners) shall not be liable to you or any third party for any such termination.

20. Disclaimers; No Warranties.

20.1.“AS-IS” and “AS-AVAILABLE” Disclaimer. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE SERVICES ARE SUITABLE FOR YOUR USE. THE SITE AND ANY MEDIA, SOFTWARE, SERVICES, PRODUCTS, APPLICATIONS, MATERIALS, AND/OR THIRD-PARTY CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH OUR SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LUNGFISH, AND ITS OWNERS, OFFICERS, EMPLOYEES, VENDORS, AGENTS, ASSOCIATES, SUPPLIERS, AND/OR PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. LUNGFISH, AND ITS OWNERS, OFFICERS, EMPLOYEES, VENDORS, AGENTS, ASSOCIATES, SUPPLIERS, AND/OR PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN OR VIA THE SITE OR SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE PROVIDER OR SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES. LUNGFISH, AND ITS OWNERS, OFFICERS, EMPLOYEES, VENDORS, AGENTS, ASSOCIATES, SUPPLIERS, AND/OR PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR OUR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT LUNGFISH NOR ITS OWNERS, OFFICERS, EMPLOYEES, VENDORS, AGENTS, ASSOCIATES, SUPPLIERS, AND/OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SITE OR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE WHATSOEVER THAT RESULTS FROM SUCH USES, MATERIAL, OR DATA.

20.2.State Law Savings Clause. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

20.3.Release of Claims. To the fullest extent permitted by applicable law, you release Lungfish and its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

20.4.Pathogen Surveillance Data Disclaimers.

20.4.1. The Services may provide environmental pathogen surveillance data or features, sampling data or features, and related information or features – all of which are for informational and research purposes only. This data has not been independently verified, validated, or peer reviewed. It may contain errors, omissions, or artifacts inherent to the methods used in data collection, storage, and/or processing and is provided “as-is” without any warranties, including warranties of accuracy or completeness. This data is neither intended for clinical or diagnostic purposes nor should it be used for making public policy. You must not rely on this data to inform health care decisions, public health strategies, or regulatory actions. Use, interpretation, and/or any conclusions drawn from this data are your sole responsibility and you assume all risks and acknowledge these limitations. Such data, information, and/or features are not intended to constitute medical advice, diagnosis, or treatment, and should not be relied upon as a substitute for professional public health guidance, clinical judgment, or medical expertise.

20.4.2. YOU SHOULD NOT RELY ON INFORMATION AVAILABLE VIA THE SERVICES AS A SUBSTITUTE FOR PROFESSIONAL PUBLIC HEALTH OR MEDICAL ADVICE. THE PATHOGEN SURVEILLANCE DATA, ENVIRONMENTAL SAMPLING RESULTS, AND RELATED INFORMATION PROVIDED THROUGH THE SERVICES ARE FOR INFORMATIONAL AND RESEARCH PURPOSES ONLY. IF YOU HAVE CONCERNS REGARDING PUBLIC HEALTH RISKS OR PERSONAL HEALTH, YOU SHOULD CONSULT WITH QUALIFIED PUBLIC HEALTH OFFICIALS OR HEALTHCARE PROFESSIONALS.

20.4.3. LUNGFISH MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ENVIRONMENTAL SURVEILLANCE DATA, TESTING RESULTS, FEATURES, OR ANY OTHER DATA OR INFORMATION PROVIDED THROUGH THE SERVICES. THE SERVICES ARE CONTINUALLY UNDER DEVELOPMENT, AND DATA COLLECTION METHODOLOGIES, ANALYTICAL METHODS, FEATURES, AND REPORTED RESULTS MAY CHANGE OVER TIME.

20.4.4. DEVELOPMENTS IN PATHOGEN SURVEILLANCE SCIENCE, ENVIRONMENTAL MONITORING TECHNIQUES, AND PUBLIC HEALTH GUIDANCE MAY IMPACT THE DATA, FEATURES, AND INFORMATION AVAILABLE THROUGH THE SERVICES. NO ASSURANCE CAN BE GIVEN THAT THE DATA, FEATURES, AND/OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL ALWAYS REFLECT THE MOST RECENT FINDINGS OR DEVELOPMENTS IN THE RELEVANT SCIENTIFIC FIELDS.

21. Indemnification; Hold Harmless; Exception.

You agree to indemnify and hold Lungfish, and its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners (together the “Indemnified Parties”), harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Site or our Services in violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Indemnified Parties each reserve the right, at their own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify such and you agree to cooperate with such defense of these claims. Specifically, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE INDEMNIFIED PARTIES AGAINST ANY LIABILITIES, DAMAGES, DEMANDS, LOSSES, CLAIMS, COSTS, FEES (INCLUDING LEGAL FEES), AND EXPENSES IN CONNECTION WITH ANY THIRD-PARTY LEGAL PROCEEDING TO THE EXTENT ARISING FROM OR ANY ACT OR OMISSION OF OR BY YOU IN RELATION TO PRODUCTS, SERVICES, USER CONTENT, OR YOUR BREACH OF THESE TERMS. Your indemnification obligations under this Section are contingent upon: (a) the relevant Indemnified Party/Parties providing you with prompt written notice of such claim (except that your indemnification obligations shall not be limited except to the extent they would be prejudiced by a delay); (b) the relevant Indemnified Party/Parties providing reasonable cooperation to you, at your expense, in the defense and settlement of such claim; and (c) you having sole authority to defend or settle such claim, provided, however, you shall obtain the relevant Indemnified Party/Parties’ written consent prior to entering any settlement which admits guilt or culpability on the part of the relevant Indemnified Party/Parties or requires the relevant Indemnified Party/Parties to take any action (such consent not to be unreasonably withheld). Notwithstanding the foregoing, this Section does not create any indemnification obligation for a participant with respect to Lungfish devices, environmental specimens, Pathogen Research Program data or results, or other materials governed by a separate written participation agreement, except to the extent a claim arises from the user’s unauthorized Account use, prohibited use of the Site or Services, unlawful User Content, infringement, or breach of these Terms outside the scope of that participation agreement.

22. Limitation of Liability and Damages.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE LUNGFISH MATERIALS ON THE SITE OR THE SERVICES THEMSELVES, OR ANY OTHER INTERACTIONS WITH LUNGFISH, EVEN IF LUNGFISH OR A LUNGFISH AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE INDEMNIFIED PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE INDEMNIFIED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100.00). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LUNGFISH AND YOU.

23. Dispute Resolution.

You and Lungfish will attempt in good faith to resolve any dispute expeditiously through negotiations between appropriate management personnel or other authorized representatives. Should any dispute between you and Lungfish not be resolved by such good faith negotiations, you and Lungfish may agree to retain a sole arbitrator to resolve any dispute via binding arbitration. All arbitration proceedings will be held, and a transcribed record prepared, in English. Each party will have the right to submit discovery and take depositions of parties and non-parties in accordance with the Federal Rules of Civil Procedure. For the duration of the arbitration, each party will be responsible for its own expenses. All arbitration fees and expenses, including the arbitrators’ fees, will be advanced equally by the parties, provided, however, that the failure of a party to timely pay its portion of any arbitration fees will entitle the other party to a default award (if non-paying party is the respondent) or dismissal with prejudice (if non-paying party is the claimant). Nevertheless, the award rendered by the arbitrator shall include costs of arbitration, reasonable attorney’s fees and reasonable costs for expert and other witnesses, and judgment on such award may be entered in any court having jurisdiction thereof. You and Lungfish otherwise agree to submit to the exclusive jurisdiction of the courts located in King County, Washington, to resolve any dispute arising out of these Terms or your access to or use of the Site or our Services, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Nothing contained in this Section is intended to, nor shall it, limit Lungfish’s right to (a) obtain, in court, injunctive relief and/or other equitable remedies against any actual or threatened conduct that may cause it irreparable and/or similar harm, and/or (b) carry out any of its rights pursuant to these Terms, including, for example, and without limitation, termination, as applicable.

24. Contractual Limitation Period on Bringing Claims.

EACH PARTY AGREES THAT ANY CAUSE OF ACTION IT BRINGS AGAINST THE OTHER PARTY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE AND/OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

25. Class Action Waiver.

YOU AND LUNGFISH AGREE THAT YOU AND LUNGFISH EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND LUNGFISH AGREE OTHERWISE, ANY ARBITRATOR OR COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR OR COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

26.Consumer Protection Savings Clause.

Consumer protection laws in some jurisdictions might require that these Terms be governed by the laws of your jurisdiction and heard by competent courts in your jurisdiction. In addition, such laws may prohibit mandatory waivers of your right to be part of a class action or may prohibit contractual limitations on the time to commence legal proceedings. If these laws apply to you, such limitations may not be applicable.

27.Data Withdrawal.

Users and participating sites may request removal of their contributed data from the Services by contacting us at info@lung.fish. Upon receiving a verified data removal request, Lungfish will use commercially reasonable efforts to remove or de-link the requested data from active use on the platforms. Data removal applies prospectively from the date of the removal request. Previously aggregated, de-identified, or published data that has been incorporated into research outputs, public reports, or the open data portal prior to the removal request cannot be retroactively redacted. If you are a participating site and wish to discontinue your participation in the program, please contact us to discuss the scope and timeline of data removal. Data removal requests do not require deletion of specimens, research records, analyses, deidentified or aggregated datasets, publications, or scientific records retained under a separate participation agreement or other applicable research documentation.

28.Institutional Review Board (IRB) and Research Data.

Research data and scientific information published through or in connection with the Services are aggregated and deidentified; thus, no individuals are identified. Environmental pathogen surveillance research performed by Lungfish generally does not constitute human subject research requiring approval from an Institutional Review Board (“IRB”) or is exempt research as determined by a relevant IRB. IRB interpretation and regulatory guidance may change over time. If applicable, participating sites or participating organizations should refer to the applicable participation agreement, program documentation, IRB determination, or other research documentation for requirements applicable to their participation. Participating sites or participating organizations may withdraw from Pathogen Research Program activities as described in the applicable participation agreement or other applicable research documentation. If you have questions about IRB requirements applicable to your participation with our Site or Services, please contact us at info@lung.fish.

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29. Miscellaneous.

29.1.Children / Minors. The Site and Services are intended for use by participating adults and are not designed for, intended for, directed to, or targeted toward children or minors under the age of eighteen (18) years. Consistent with applicable law, Lungfish’s programs do not collect age information. In compliance with the US Children’s Online Privacy Protection Act (COPPA), we do not knowingly collect personal information from children under the age of thirteen (13) without the verifiable consent of their parent or guardian. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from a child under thirteen (13) without proper consent, upon proper notice, authority, and necessary confirmation of such, we will work to promptly delete this information.

29.2.Electronic Signatures and E-SIGN Consent. By using our Services, you consent to receive agreements, notices, disclosures, and other communications electronically, including via email, text, in-app notifications, or by posting on the Site. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing, including under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., and applicable state law equivalents, and that with your electronic signature or acknowledgement you intend to be legally bound. You may withdraw this consent by contacting us at info@lung.fish, but withdrawal may limit your ability to use certain Services. To receive electronic communications, you will need a device with internet access, a current web browser, and a valid email address.

29.3.Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to any principles of conflicts of law. EACH OF YOU AND LUNGFISH HEREBY EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH OF YOU AND LUNGFISH HEREBY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF THE OTHER HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF YOU AND LUNGFISH ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR EACH OF THEM, RESPECTIVELY, TO ENTER INTO AGREEMENT PURSUANT TO THESE TERMS.

29.4.Force Majeure; Waiver. Lungfish (or its owners, officers, employees, vendors, agents, associates, suppliers, and/or partners) is not liable or responsible, nor shall be deemed to have defaulted under or breached these Terms, for any failure to perform or delay in performing its obligations under these Terms due to an event of force majeure. An event of force majeure is any event or circumstance beyond Lungfish’s reasonable control, such as war, hostilities, act of God, earthquake, flood, fire, or other natural disaster, strike or labor conditions, material shortage, epidemic, disease, denial of service attack, government action, or failure of utilities, transportation facilities, or communication or electronic systems. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.

29.5.Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

29.6.Assignment. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lungfish without restriction. Additionally, Personal Information may be shared with or sold to actual or potential buyers (and their agents and advisors) in connection with any actual or proposed purchase, merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of Lungfish company assets, or transition of service to another provider, provided that we inform the buyer or transferee that it must use such Personal Information only for the purposes disclosed in our Privacy Policy.

29.7.Headings; Interpretation. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof. In these Terms, “will” is intended to create a mandatory obligation where the context so requires.

29.8.Entire Agreement; Conflicts. These Terms, including the recitals hereto and as revised or supplemented by Guidelines or amendments in our discretion, constitute the entire agreement between us and you relating to the subject matter herein. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties hereto and are not intended to confer third-party beneficiary rights upon any other person or entity. All provisions which, by their nature, are intended to survive termination will survive any termination of these Terms. Certain research programs, participant Accounts, and related research devices and data may also be governed by a separate written participation agreement or other program documentation. If these Terms conflict with any such written agreement, the written agreement controls with respect to program participation, research devices, environmental specimens, research data, withdrawal, no-cost participation, and indemnification matters; these Terms control with respect to use of the Site, App, Accounts, data hub, open data portal, and other online Services.

29.9.Copyright Complaints / DMCA. If you believe that anything on our Site infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to receive notification of claimed infringement: Lungfish Copyright Agent

Full address of Designated Agent to which notification should be sent: Inkfish LLC 2303 W Commodore Way Suite 304, Seattle, WA 98199

Telephone Number of Designated Agent: +1 803 738 5983

Email Address of Designated Agent: info@lung.fish

Please see 17 U.S.C. §512(c)(3) for the general requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

29.10.Contact Information. The Site is operated by Inkfish LLC, 2303 W Commodore Way Suite 304, Seattle, WA 98199, email: info@lung.fish.

Last Modified: June 16, 2026.