Effective Date: November 2022

These Terms of Use govern your use of the Clear.bio Portal website located at https://portal.clear.bio (the ‘Site’). Please read these Terms of Use carefully before you start to use our Site or work on any client profile, as these Terms of Use are a legal agreement between you and Clear Health B.V.

Clear Health B.V., IJsbaanpad 2, 1076CV Amsterdam, the Netherlands (‘Clear.bio‘ or ‘us‘ or ‘our‘ or ‘we‘) is the developer of the Clear.bio app (“App“) and supplier of glucose sensors (“Sensors“) which may be compatible with the Site.

THE SITE IS NOT INTENDED FOR THE DIAGNOSIS OF OR SCREENING FOR DIABETES MELLITUS. USERS SHOULD BE AWARE THAT THE SITE IS AN INFORMATION MANAGEMENT SERVICE TO ENABLE THE ANALYSIS OF FOOD AND GLUCOSE DATA AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE THAT YOU PROVIDE TO YOUR PATIENTS AS A HEALTHCARE PROFESSIONAL. THE SITE IS NOT AN ELECTRONIC HEALTH RECORDS SYSTEM AND YOU MUST PRINT AND/OR DOWNLOAD PATIENT INFORMATION THAT YOU DEEM RELEVANT TO YOUR PROVISION OF MEDICAL CARE, TREATMENT OR ADVICE.

YOUR ACCESS AND USE OF THE SITE AND CONSTITUTES, AND IS CONDITIONED UPON, YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.

YOUR USE OF THE SITE IS ALSO SUBJECT TO THE CLEAR.BIO PRIVACY POLICY AVAILABLE AT WWW.CLEAR.BIO (‘PRIVACY STATEMENT’ AND/OR ‘PRIVACY STATEMENT HEALTHCARE PROFESSIONAL’), WHICH EXPLAINS HOW WE COLLECT, PROTECT, RETAIN, STORE, AND DISCLOSE YOUR PERSONAL INFORMATION THAT YOU PROVIDE THROUGH YOUR USE OF THE SITE. IT ALSO SETS OUT THE INFORMATION THAT YOU, AS A PROFESSIONAL USER, SHOULD PROVIDE TO YOUR PATIENTS.

1. General: The Site is your gateway to access your account in which your patients’ Sensors and the App readings may be stored, reviewed and analyzed by you. The SIte is designed to assist you in viewing and managing aspects of your patients’ condition, and to allow Clear.bio to provide improved treatment guidance for patients utilizing Clear.bio’s Sensors and the App. The App allows patients to share their glucose readings with us. Clear.bio connects the respective user accounts with you.
2. ‘Professional User‘ includes only those licensed healthcare providers (‘HCPs’) (and their duly authorized representatives and agents working on behalf of their clinical practice) who have either registered a clinical practice or have registered as a professional user of the Site.
   Clear.bio only permits one user account per email address. These Terms of Use apply to your use of the Site. They are effective from when you set up an account as a Professional User until terminated as set forth below.
   By using this Site, you represent, acknowledge and agree that you are a Professional User and are duly authorized to use this Site.
3. Account: Do not reveal your account information to anyone else or disclose to anyone your password details. You are responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through it. You agree to notify Clear.bio if you become aware of a security incident or breach affecting your account, including where you believe your password may have been compromised, and fully cooperate with us, law enforcement or other applicable regulatory body in addressing the breach. Clear.bio is not responsible for any lost, stolen or compromised passwords or for any activity on your account from unauthorized users or for any losses arising out of or in connection with the unauthorized use of your account were caused by you. If there is a violation of any of the security requirements by you or other professional users in a practice that you create, that violation may be considered a breach of these Terms of Use and may result in the immediate loss of your account.
   You will be responsible for obtaining and maintaining any Internet connections, computing equipment and supplies necessary for you to receive, access and use the Site. You agree to only use the Site as expressly permitted herein. Clear.bio, its affiliates and its suppliers own all rights, titles and interests in and to the Site, including logos, graphics, videos, images, software and other materials (‘Materials‘).
   Subject to your compliance with these Terms of Use, Clear.bio hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your professional use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, modify, enhance, or in any way exploit any of the Site or Materials in any manner. If you, or any other person under your responsibility, breach any of the provisions in these Terms of Use, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
4. Permitted uses of your account: To use the Site, you must enter some of your personal information, including your username and password, to be able to log into your account. You agree to provide accurate and complete information when you register with, and as you use, the Site, and you agree to keep your account information accurate, current and complete. These Terms of Use allow you to set up an account as a Professional User over your organization’s network.
   You acknowledge and agree that the Site is provided to enhance your care of your patients and to allow Clear.bio to provide improved treatment guidance for patients utilizing Sensors and the App, and you understand that these are not a substitute for your professional judgement or for your responsibilities to your patients.
5. Prohibited uses of your account: We restrict access to the professional parts of our Site to Professional Users. We reserve the right to disable any Professional User ID at any time at our discretion, including if, in our opinion, you are not a Profesional User or you have failed to comply with any of the provisions of these Terms of Use. When using our Site you may not engage in the prohibited uses set out below. You agree that you will NOT use the Site to:
   • upload, download, email, transmit, store or otherwise make available any data that is unlawful, harmful, tortious, invasive of another’s privacy or otherwise objectionable;
   • pretend to be anyone that you are not or misrepresent who you are or otherwise misrepresent your affiliation with any person (including a child or HCP). Clear.bio reserves the right to reject or block any account or email address that could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity, or that has been used to hijack another user’s data;
   • upload, download, email, transmit, store or otherwise make available any data or other information from children (any person under the age of 18 or such other age as local law defines as a child), including but not limited to any of the following: full name or surname, date of birth, email address and their Sensor data unless you have obtained the consent of the child’s parent/guardian;
   • infringe any person’s intellectual property rights (including uploading any content to which you do not have the right to upload);
   • upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Site (or any part thereof), or any other computer software or hardware;
   • interfere with or disrupt the Site (including accessing the Site through any automated means, such as scripts or web crawlers), or any servers or networks connected to the Site, or any policies, requirements or regulations of networks connected to the Site (including any unauthorized access to, use or monitoring of data or traffic thereon);
   • gather, store or upload personal information, including health information, on any persons using a Sensor without first having received their prior consent or without otherwise being authorized to do so, for example if you are a caregiver, HCP or parent/guardian;
   • reverse engineer, decompile, disassemble, decode, create derivative works of, gain access to the source code of or modify the Site except and then solely to the extent permitted under applicable law;
   • engineer or engage in automated downloading of personal information, including health information, from multiple patient accounts;
   • request, receive, or use log-in credentials for a patient’s account;
   • gather, download, store or upload personal information, including health information, using Sensors, in order to display the personal information on a third-party mobile app or website not controlled or operated by Clear.bio and not associated with or created by an HCP or clinical practice;
   • gather, download, store or upload personal information, including health information, on any other users of the Site or any individual using Sensors in connection with any of the foregoing prohibited activities; and/or
   • disclose information about the Site features or performance to any third party without our prior consent, except as required for legal or regulatory purposes or to assist in the provision of your medical treatment of a patient.
6. Clear.bio will treat all personal patient information for which it is a controller, including health information, in accordance with the Privacy Statement. When your patient has created a Clear.bio account and grants you access to that account, Clear.bio (through the Site) will be processing both your and your patient’s personal data as a ‘processor’ on your behalf as a healthcare provider where you process your patient information to protect their vital interests as determined in your sole discretion as their healthcare provider.
   Availability and accuracy of information: The Site, or any feature or part thereof, may not be available in all languages or in all countries and Clear.bio makes no representation that the Site, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent that you choose to access and use the Site, you do so at your own initiative and are responsible for compliance with any applicable laws. Any data available to view by you are based exclusively on your patients’ glucose data and other information provided by them. Clear.bio makes no representations or warranties regarding the accuracy, completeness, reliability or timeliness of any data accessible or viewed by you or of any content generated by the data stored in the Site. In particular, Clear.bio makes no representations or warranties that any information based on such data will be in compliance with government regulations requiring disclosure of information.
7. Deletion of your account: You may delete your account at any time. Your account will be irreversibly deleted upon receipt and processing of your delete request, unless there is any contractual or legal obligation to keep your information in our databases. Please be aware that it may take up to 72 hours to process your request. You acknowledge that deletion of your account may have no effect on the personal information relating to your patients that Clear.bio has accessed to improve its treatment guidance for patients utilizing Clear.bio’s Sensors. Clear.biohas no responsibility for retaining/storing or backing up your account on your behalf. You are solely responsible for retaining/maintaining/storing and backing up (electronically and/or with hard copies) any data that you wish to preserve. Clear.bio is not responsible for unauthorized access to, use of or alteration of your information. If you email, back up or otherwise share any of your personal information or reports with third parties, that information may not be encrypted and Clear.bio will have no ability to manage the privacy or security of that information. You should take the steps that you determine appropriate to protect the security of such information. Unless otherwise required by law, you agree that your account is non-transferable and that any rights to have an account or any data stored in the Site will terminate upon your death. In this case your account may be terminated and all data within deleted. Email privacy@clear.bio for further information. Clear.bio reserves the right to delete inactive accounts after six (6) months. We will notify you in advance by sending an email to the email address associated with your account so that you have an opportunity to ensure your account stays current and available for your use.
8. Links to third-party websites: This Site may be linked to other websites that are not sites controlled or operated by Clear.bio (collectively, ‘Third-Party Sites’). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this Site to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies, terms and conditions and/or user guides and business practices than Clear.bio, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy notice and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, user guides and privacy policies of any Third-Party Sites. Clear.bio is providing links to the Third-Party Sites to you as a convenience, and Clear.bio does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT CLEAR.BIO WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply Clear.bio’s endorsement or recommendation.
9. No medical advice: THE SITE IS NOT INTENDED FOR THE DIAGNOSIS OF OR SCREENING FOR DIABETES MELLITUS. YOU ACKNOWLEDGE THAT, WHILE CLEAR.BIO USES INFORMATION TO IMPROVE TREATMENT GUIDANCE, CLEAR TECH BV (THE PROVIDER OF THE CLEAR.BIO PORTAL) IS NOT A PROVIDER OF MEDICAL CARE AND CLEAR.BIO IS NOT RESPONSIBLE FOR NOTIFYING YOU OF ANY CHANGES TO ANY OF YOUR PATIENTS’ READINGS OR FOR PROVIDING MEDICAL ADVICE TO PATIENTS. The Site is for informational purposes and is designed to help Clear.bio, patients and you better manage and support diabetes through information, analysis and communication, and is not meant to replace the relationship between patients and their medical providers. Health information content available to you through the Site is based on information provided via medical device-related data transmissions from patients scanning their Sensors. Clear.bio does not recommend or endorse any specific tests, products, procedures or opinions. YOUR DECISION TO TAKE ACTION BASED ON ANY INFORMATION TRANSMITTED TO OR STORED ON THE SITE OR ON ANY INFORMATION RECEIVED FROM CLEAR.BIO EMPLOYEES, AGENTS OR SUPPLIERS IS SOLELY AT YOUR OWN RISK. CLER.BIO, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, THIRD-PARTY PROVIDERS AND RELATED COMPANIES ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT, INCLUDING HEALTH INFORMATION CONTENT, POSTED ON OUR SITE OR FOR THE ACCURACY, TRUTHFULNESS OR CONTENT, INCLUDING HEALTH INFORMATION CONTENT, OF OUR SITE, AND NO RELIANCE BY REGISTERED USERS SHOULD BE PLACED ON THE INFORMATION AVAILABLE IN THE SITE.
10. No electronic health records: THE INFORMATION AVAILABLE TO YOU THROUGH THE SITE IS NOT AN ELECTRONIC MEDICAL RECORD. YOU MUST DOWNLOAD AND/OR PRINT OFF ANY INFORMATION THAT YOU, IN YOUR SOLE DISCRETION, DEEM NECESSARY TO INCLUDE IN YOUR PATIENTS’ MEDICAL RECORDS.
11. Disclaimer of Warranties: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT TO THE EXTENT PERMITTED BY LAW, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. Any content included in the Site is for the purpose of providing information only. Although Clear.bio believes the data displayed in the Site to be accurate as at the time it is transmitted to the users, Clear.bio makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information. In no event will Clear.bio be liable to you for any losses from mistakes, omissions or delays in transmission of information, or from interruptions in telecommunications connections.
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLEAR.BIO, ITS AFFILIATES AND ITS THIRD-PARTY PROVIDERS PROVIDE THE SITE ‘AS IS’ AND ‘AS AVAILABLE’ WITH ALL FAULTS AND DEFECTS AND WITHOUT ANY OTHER WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE AND QUALITY, AND OF LACK OF VIRUSES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLEAR.BIO OR A CLEAR.BIO-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
    Clear.bio, its affiliates and its third-party providers do not warrant that the functions contained in the Site will meet your requirements or that the operation of the Site will be uninterrupted or error free. To the extent that applicable law requires Clear.bio to provide warranties, you agree that the scope and duration of such warranty shall be to the minimum extent required to be provided under such applicable law.
    In no event does Clear.bio provide any warranty or representation with respect to any third-party hardware or software, and Clear.bio disclaims all liability with respect to any failures thereof. Clear.bio disclaims any and all liability that may derive from actions or claims against Clear.bio or any of its affiliates, agents or assigns, or other third parties as may become applicable over the course of these Terms of Use.
12. Limitation of liability: NOTWITHSTANDING ANY LOSSES THAT YOU MAY INCUR AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF CLEAR.BIO, ITS AFFILIATES AND ANY OF ITS THIRD PARTY PROVIDERS UNDER ANY PROVISION OF OR OTHERWISE IN CONNECTION WITH THESE TERMS OF USE AND YOUR EXCLUSIVE REMEDIES FOR ALL OF THE FOREGOING SHALL BE LIMITED TO EITHER THE FIXING, REPAIRING OR OTHERWISE RECTIFYING ANY FAULTS WITHIN THE SITE, EVEN IF ANY SUCH LOSS WAS FORESEEABLE OR CONTEMPLATED BY THE PARTIES OR, WHERE APPLICABLE, THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SITE ACCESS OR EUR€10.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLEAR.BIO, ITS AFFILIATES OR ITS THIRD-PARTY PROVIDERS BE LIABLE TO YOU (OR YOUR PATIENTS, EMPLOYEES, CONTRACTORS, AGENTS OR USERS) FOR MONETARY DAMAGES, INCLUDING ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED OR THAT MAY BE USED WITH THE SITE, FOR LOSS FROM ANY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR INFORMATION SYSTEM AND HARDWARE DUE TO YOUR DOWNLOADING ANY MOBILE APP/MATERIAL/WEBSITE LINKED TO THE SITE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE) WHETHER IN WARRANTY, CONTRACT OR TORT, INCLUDING NEGLIGENCE OR PRODUCT LIABILITY EVEN IF INFORMED ABOUT THE POSSIBILITY THEREOF, INCLUDING WITHOUT LIMITATION MEDICAL EXPENSES, LEGAL FEES, LOSS OF REVENUE OR PROFITS (WHETHER DIRECT OR INDIRECT), EVEN IF CLEAR.BIO, ITS AFFILIATES OR ANY THIRD-PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS NECESSARY TO APPROPRIATELY ADDRESS YOUR NEEDS IN THE EVENT THAT AN ERROR IN THE SITE CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS, YOU UNDERSTAND AND AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THIS PROVISION, ANY APPLICABLE FEE CHARGED, WOULD BE HIGHER.
    Indemnity: You agree to indemnify, defend and hold harmless Clear.bio, its affiliates and their respective officers, directors, employees, agents, successors, assigns and licensors from and against any and all claims, demands, liabilities, losses, costs and expenses (including solicitors’ and experts’ fees) made by a third party due to or arising out of, or related to a violation of these Terms of Use or laws, regulations or third party rights including any breach of data protection or privacy obligations, any infringement of their copyright or intellectual property rights of any third party by you or others in your practice or organization or otherwise in connection with your or their use of the Site whether by negligent act, omission, or willful misconduct.
13. License: Clear.bio does not claim ownership of your personal data that you transmit or submit to the Site. By disclosing your personal information to Clear.bio, you grant it a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish and translate such data for the purpose of providing you with the Site. Clear.bio may create, access, retain, use or disclose to third-party researchers, aggregated, anonymized, de-identified (or pseudonymized to the extent permitted by your law) data derived from the Site for the purposes of research, to evaluate its use and its various components and equipment, to evaluate performance or impact on clinical staff or across clinics, to enhance the functioning of the Site and the Sensors, to validate Site upgrades, or for product development and quality and safety of medical devices. You agree that the license herein permits Clear.bio to take any such actions. Where personal information is provided to third-party suppliers to assist us with the provision of the Site, they are required to keep personal information confidential and secure and may only use personal information to the minimum extent necessary.
14. Feedback: Any data, comments or materials that you supply via the Site or provide to Clear.bio in order to receive support, including feedback data, such as questions, comments, suggestions or the like (‘Feedback’), shall be deemed to be non-confidential and non-proprietary. Clear.bio shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transfer, create derivative works and distribute the Feedback to others without limitation, except for health information and personal information which might be included in the Feedback but is subject to ‘Section 13. License’ above. Furthermore, Clear.bio shall be free to use any idea, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including developing, manufacturing and marketing products incorporating such Feedback.
15. Proprietary rights: You acknowledge and agree that Clear.bio and/or its licensors own all legal rights, titles and interest in and to the Site, including but not limited to graphics, user interface, the scripts and software used to implement the SIte, and any software or documents provided to you as a part of and/or in connection with the Site, including all Intellectual Property Rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property rights and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Site in compliance with these Terms of Use. No portion of the Site (including patient data) may be reproduced, retransmitted, or displayed in any form or by any means, except as expressly permitted in these Terms of Use or where permitted by applicable law. You shall not remove any product identification, copyright notices or proprietary restrictions from the Site You expressly acknowledge and agree that Site access is licensed and not sold to you, and that Clear.bio, its licensors, affiliates and suppliers, grant you a non-exclusive license to use the Site on the basis of these Terms of Use, and that your use of the Site is also subject to any rules or policies applied by Clear.bio’s third-party providers. You therefore agree that Clear.bio and/or its licensors do not transfer to any user any ownership or proprietary rights in the Site, any Intellectual Property Rights, or any other technology, information or materials, and as between the parties, Clear.bio, its affiliates, its suppliers, and its licensors, retain exclusive ownership of all rights, titles and interest in and to all aspects of the SIte, any Intellectual Property Rights, and all other technology, information and materials, as well as any and all copies or modifications thereof (by whomever and whenever made). RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY CLEAR.BIO AND/OR ITS LICENSORS. The use of this material and the associated rights of Clear.bio, its affiliates and its suppliers, are hereby acknowledged except solely to the extent that the foregoing is ineffective in certain countries/states/provinces/jurisdictions.
16. Remedies: Violations of these Terms of Use may be investigated and appropriate legal action may be taken, including civil, criminal or equitable relief. You understand and agree that Clear.bio, in its sole discretion, and without prior notice, may terminate your access to our Site, remove any unauthorized user content or exercise any other remedy available if we believe, in our sole discretion, that your conduct or the conduct of any person with whom we believe you act in concert with, or the user content that you provide, violates or is inconsistent with these Terms of Use or applicable law or violates our rights or the rights of our affiliates, licensor or another user of our Site. You agree that monetary damages may not provide us with a sufficient remedy for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. A printed version of these Terms of Use and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
17. Termination of your account: These Terms of Use are effective upon the creation of an account and shall continue in effect until terminated. You may ask Clear.bio to delete your account at any time. Clear.bio may suspend or terminate your account for any of the following reasons without advance notice to you:
    • Any violation by you of these Terms of Use.
    • Failure to provide accurate, current and complete account information.
    • Failure to report any security incident or any actual or suspected compromise of your password or account.
18. Language: The parties agree that the English language will be the official language of these Terms of Use. If there is any conflict, apparent conflict or ambiguity between any of the clauses of these Terms of Use in the English language and the translated language, the wording of the English-language version shall prevail.
19. Applicable law:
    These Terms of Use shall be governed and construed in accordance with the laws of the Netherlands without regard to any choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the Netherlands, the laws, rules and regulations of the Netherlands shall govern to the fullest extent possible. You agree that these Terms of Use shall be fully performable in the Netherlands, and you agree that jurisdiction and venue are proper and in of the federal courts located in the Netherlands, with respect to any proceedings arising from these Terms of Use or the relationship between the parties hereto. The parties hereby agree that the United Nations Convention on Contracts does not govern these Terms of Use for the International Sale of Goods.
20. Severability. If, for any reason, a court with proper jurisdiction holds that any part of these Terms of Use is invalid or cannot be enforced, all other parts will remain in effect. The invalid or unenforceable part will be reformed only to the extent necessary to make it valid and enforceable. For example, some jurisdictions may not permit certain disclaimers of warranties in relation to individual Professional Users despite the fact that this is a business to business rather than a consumer agreement, and in such an event, only those disclaimers deemed invalid should be severed from these Terms of Use.
21. No third party rights. These Terms of Use are between you and us. No other person shall have any rights to enforce any of the terms.
22. Support: Free technical support is available by going to the Clear.bio support site, or by contacting your Account Manager.
23. Changing Site Terms of Use: Clear.bio reserves the right to change these Terms of Use at any time at our discretion and without prior notice. Professional users of our Site are expected to regularly check the Terms of Use for changes as they are binding on you. We encourage you to review these Terms of Use every time that you use our Site. Updates will be indicated by a change in the Effective Date and your continued use of our Site and continued access to your account following any such change constitutes your agreement to follow and be bound by the most recent version of these Terms of Use. You will be able to store or print out changes to these Terms of Use in legible form.