aitios® Terms of Service

Last updated: March 2026

Effective date: March 2026

These Terms of Service ("Terms") govern access to and use of the aitios® platform and related websites, applications, APIs, and services operated by aitiologic GmbH ("aitiologic", "we", "us", or "our") (collectively, the "Services").

By accessing or using the Services, you agree to these Terms.

If you access or use the Services on behalf of a company, university, hospital, research institution, or other organization, you represent that you are authorized to bind that organization to these Terms. In that case, "you" and "your" refer to that organization.

If you do not agree to these Terms, do not use the Services.

1. About the Services

aitios® is a web-based platform developed by aitiologic. The Services may support analysis, exploration, management, and use of scientific, genomic, biomarker, and related datasets, software, and metadata.

The Services are intended primarily for business, research, institutional, and professional use. If you use the Services as a consumer, any mandatory rights available to you under applicable law remain unaffected.

If you and aitiologic have entered into a separate written agreement governing your use of the Services, that agreement will control to the extent of any conflict.

2. Eligibility and Accounts

You must be at least 18 years old to use the Services.

You may need to create an account or authenticate through a supported identity provider. You must:

• provide accurate and complete registration information
• keep your login credentials confidential
• use only your own individual account unless we expressly allow otherwise
• promptly notify us of any suspected unauthorized access or security incident affecting your account

You are responsible for all activities that occur under your account, except to the extent caused by our breach of these Terms or our failure to use reasonable security measures.

3. Permitted Use

You may use the Services only:

• in accordance with these Terms
• in accordance with applicable law and regulation
• within the scope of your subscription, plan, order form, or other written agreement with us

You may use the Services for internal research, development, collaboration, evaluation, and other lawful purposes authorized by your plan or separate agreement.

You may not use the Services in a way that:

• violates applicable law, regulation, or third-party rights
• infringes intellectual property or confidentiality rights
• interferes with or disrupts the Services
• circumvents technical or contractual restrictions
• introduces malware, malicious code, or harmful content
• attempts unauthorized access to systems, accounts, or data
• uses the Services for unlawful profiling, discrimination, or other prohibited purposes
• misrepresents the source, ownership, or permissions associated with uploaded data

4. Content and Customer Data

"Content" means data, files, software, code, text, images, metadata, configurations, and other materials submitted to, stored in, or processed through the Services by you or on your behalf.

You retain ownership of your Content, subject to the rights you grant under these Terms.

You are solely responsible for:

• your Content
• the accuracy, quality, legality, and integrity of your Content
• ensuring that you have all rights, permissions, notices, approvals, and legal bases required to upload, use, and share your Content through the Services

You must ensure that your use of the Services and your Content complies with:

• applicable privacy and data protection laws
• contractual confidentiality obligations
• research, ethics, and consent requirements
• export control and sanctions laws, where applicable

5. License You Grant to Us

To operate the Services, you grant aitiologic a non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, process, display, and otherwise use your Content solely as necessary to:

• provide, maintain, secure, and support the Services
• enable features and workflows you authorize
• prevent abuse and investigate security incidents
• comply with applicable law
• generate service metadata, logs, and technical records necessary to operate and improve the Services

We do not acquire ownership of your Content.

We will not use your Content for purposes outside the scope described above unless:

• you instruct us to do so
• it is required by law
• we agree otherwise in writing

If you authorize other users to access your Content, you are responsible for managing those permissions. Revoking access will stop future authorized access through the Services, but it may not retrieve or delete copies previously exported or otherwise lawfully obtained by others.

6. Privacy and Data Protection

Our processing of personal data is described in our Privacy Notice.

Where aitiologic processes personal data contained in customer or user-uploaded Content on your behalf, aitiologic generally acts as a processor and you or your organization act as the controller, unless otherwise stated in a separate written agreement.

If required for your use case, the parties will enter into a Data Processing Addendum or other appropriate written data protection terms.

You are responsible for determining whether the Content you upload contains personal data, special category data, genetic data, health data, or other regulated information, and for ensuring that your upload and use of such data is lawful.

7. Health Data, Genetic Data, and PHI

The Services may be used with datasets that include genetic, health-related, clinical, or other regulated data, but not all accounts, plans, or environments are approved for such use.

You may upload PHI or other regulated health data to the Services only if:

• such use is expressly permitted under your subscription, order form, or separate written agreement with aitiologic
• all required privacy, security, and regulatory arrangements are in place before upload
• you have all legally required rights, notices, consents, approvals, and authorizations
• your use complies with all applicable laws, regulations, and institutional requirements

If your use case is subject to HIPAA or similar rules, additional contractual and operational requirements may apply, including a Business Associate Agreement, security controls, incident handling procedures, and subcontractor flow-down obligations.

Unless expressly agreed by aitiologic in writing, you must not upload PHI or other data subject to regulatory requirements that exceed the scope of the Services you have purchased or that require controls not enabled for your environment.

We may suspend access to, quarantine, or require removal of Content that we reasonably believe was uploaded in violation of these Terms, law, or applicable regulatory requirements.

8. Monitoring, Security, and Support Access

We may monitor the Services and related technical information as reasonably necessary to:

• operate and secure the Services
• prevent abuse, spam, malware, and unauthorized access
• investigate incidents
• provide support
• verify compliance with these Terms
• improve functionality and reliability

Where support requires access to your environment or Content, we will use reasonable efforts to limit such access to what is necessary for support, security, or legal compliance.

9. Third-Party Services

The Services may interoperate with third-party services, identity providers, repositories, cloud services, software, or external links.

Your use of third-party products or services is governed by the terms and privacy practices of those third parties. aitiologic is not responsible for third-party services that we do not control.

We may use third-party subprocessors and service providers to operate the Services.

10. Intellectual Property

aitiologic and its licensors retain all rights, title, and interest in and to the Services, including all related software, technology, interfaces, documentation, branding, and intellectual property rights.

Except for the limited rights expressly granted in these Terms, no rights are granted to you.

You may not:

• copy, modify, or create derivative works of the Services except as permitted by law or written agreement
• reverse engineer, decompile, or attempt to extract source code except where such restriction is prohibited by law
• remove or alter legal notices, trademarks, or proprietary notices

Certain third-party or open-source software components made available through the Services may be subject to separate license terms that govern their use.

11. Feedback

If you provide feedback, suggestions, or ideas relating to the Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use that feedback for any lawful purpose without restriction or compensation to you.

12. Availability and Changes to the Services

We may update, modify, or improve the Services from time to time, including to:

• maintain security
• improve performance
• add, replace, or retire features
• comply with legal or regulatory requirements

We do not guarantee that any specific feature will always be available unless we expressly agree otherwise in writing.

Where reasonably practicable, we will provide notice of material changes affecting the Services.

13. Suspension and Termination

You may stop using the Services at any time.

We may suspend or terminate your access to the Services, in whole or in part, if:

• you materially breach these Terms
• your use creates a security risk
• your use may expose us or others to legal liability
• we are required to do so by law
• fees remain unpaid after notice, where applicable

Where appropriate, we will use reasonable efforts to provide notice and an opportunity to cure before termination or suspension. We may act immediately where necessary for security, legal compliance, or protection of the Services or other users.

Upon termination:

• your right to use the Services ends
• we may delete or restrict access to your Content in accordance with applicable law, our retention practices, and any written agreement with you
• provisions that by their nature should survive termination will survive

14. Data Export and Retention After Termination

Unless otherwise agreed in writing, you are responsible for exporting and retaining your Content before termination of your access.

We do not guarantee indefinite retention of Content after termination. If commercially reasonable and technically feasible, we may provide a limited period for export following termination, unless legal, security, or regulatory reasons require earlier restriction or deletion.

15. No Medical Advice

The Services and any outputs made available through the Services are provided for research, informational, technical, and operational purposes only.

They do not constitute medical advice, diagnosis, treatment, or clinical decision support unless expressly stated by us in writing for a specific regulated use case.

You are solely responsible for any scientific, medical, clinical, diagnostic, treatment, or regulatory decisions made using the Services or any outputs.

16. Disclaimers

Except as expressly stated in a separate written agreement, the Services are provided on an "as is" and "as available" basis.

To the maximum extent permitted by law, aitiologic disclaims all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that:

• the Services will be uninterrupted or error-free
• the Services will always be available
• the Services will meet every use case or regulatory requirement
• Content or outputs will be complete, accurate, or suitable for any particular purpose

Nothing in these Terms limits any non-waivable rights you may have under applicable law.

17. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, goodwill, or opportunity, arising out of or relating to these Terms or the Services.

aitiologic's aggregate liability arising out of or relating to these Terms or the Services will not exceed the greater of:

• the amounts paid by you to aitiologic for the Services during the 12 months preceding the event giving rise to the claim, or
• EUR 100 if you used the Services without payment

Nothing in these Terms excludes or limits liability for:

• death or personal injury caused by negligence
• fraud or fraudulent misrepresentation
• willful misconduct
• gross negligence, where liability cannot lawfully be excluded or limited
• any other liability that cannot be excluded or limited under applicable law

18. Indemnity

You will indemnify and hold harmless aitiologic and its affiliates, officers, employees, and contractors from third-party claims, losses, liabilities, and expenses arising out of or relating to:

• your Content
• your breach of these Terms
• your violation of applicable law
• your infringement of third-party rights

This indemnity applies only to the extent the claim is caused by your acts or omissions.

19. Governing Law and Disputes

These Terms are governed by the laws of Austria, excluding its conflict of laws rules.

If you are using the Services as a business, research institution, or other non-consumer organization, the courts of Vienna, Austria will have exclusive jurisdiction over disputes arising out of or in connection with these Terms, unless otherwise agreed in writing.

If you are a consumer, mandatory consumer protection and jurisdiction rules under applicable law remain unaffected.

Before starting formal proceedings, the parties will use reasonable efforts to resolve the dispute informally.

20. Changes to These Terms

We may update these Terms from time to time.

If we make material changes, we will provide notice by posting the updated Terms on the Services and updating the "Last Updated" date. Where appropriate, we may also provide additional notice through the Services or by email.

Unless a different effective date is stated, material changes will apply prospectively from the date they become effective. Changes required for security, legal compliance, or abuse prevention may take effect immediately.

By continuing to use the Services after updated Terms become effective, you agree to the revised Terms.

21. General

These Terms, together with any applicable order form, Data Processing Addendum, Business Associate Agreement, or other written agreement with aitiologic, form the entire agreement between you and us regarding the Services, unless expressly stated otherwise.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

Our failure to enforce a provision is not a waiver of our rights.

You may not assign these Terms without our prior written consent, except as part of a merger, acquisition, or sale of substantially all relevant assets. We may assign these Terms to an affiliate or in connection with a corporate reorganization, merger, acquisition, or sale of assets.

22. Contact