Clariseq Analytics

ClariSeq Analytics LLP · ClariSeq-TB Platform

Terms and Conditions of Use

Last Updated: 22 September 2026

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING CLARISEQ-TB. BY CREATING AN ACCOUNT, CLICKING "I AGREE," ACCESSING THE PLATFORM, UPLOADING DATA, OR OTHERWISE USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SERVICES.

These Terms and Conditions ("Terms," "Legal Terms," or "Agreement") are a legally binding agreement between you, whether you are accessing the Services in your personal capacity or on behalf of an entity such as a diagnostic laboratory, hospital, research institution, or other organisation ("you," "your," "User," or "Client"), and ClariSeq Analytics LLP, a limited liability partnership registered under the Limited Liability Partnership Act, 2008, having its registered office at Ghaziabad, Uttar Pradesh, India ("ClariSeq," "we," "us," or "our").

Where you are entering into a separate signed Master Services Agreement, Enterprise Licence Agreement, Institutional Deployment Agreement, or a Statement of Work with ClariSeq (collectively, "Order Documents"), these Terms apply in addition to, and are incorporated by reference into, such Order Documents. In the event of a direct conflict between these Terms and an Order Document that has been signed by both parties, the Order Document shall prevail solely with respect to the specific matter of conflict.

1. Definitions

In these Terms, unless the context otherwise requires:

  • "Account" means the registered user profile, laboratory profile, or institutional profile created to access the Services.
  • "Authorised User" means an individual employee, consultant, or agent of a Client who is permitted to access the Services under a Client's Account, including under an Enterprise or Institutional plan.
  • "Client Data" means all sequence data (including FASTA, FASTQ, VCF, BAM or similar files), sample metadata, patient-identifiable information, hospital or laboratory identifiers, and any other data or content that a User or Client uploads to, or generates through, the Services.
  • "ClariSeq IP" means the ClariSeq-TB software, source code, pipelines, drug resistance interpretation engine, mutation-calling logic, curated reference databases, machine-learning models, report templates, visualisations (including CGview outputs), user interface, documentation, and all related intellectual property, excluding Client Data.
  • "Output" or "Report" means the species identification, drug resistance interpretation, phylogenetic/epidemiological analysis, or other results generated by the Services from Client Data.
  • "Services" means the ClariSeq-TB web-based bioinformatics platform, including MTB species identification, NTM identification, drug resistance interpretation, CGview visualisation, epidemiology/cluster analysis modules, associated APIs, and any related support, documentation, and updates made available by ClariSeq (collectively, the "Platform"), whether accessed via self-serve subscription, enterprise contract, institutional deployment, or on-premise/local installation.
  • "Access Plan" means the free trial tier or paid per-sample access described in Section 4 that applies to a Client's Account, together with the feature access, throughput limits, and support level applicable to it. References to an Access Plan do not imply any recurring subscription, billing cycle, or minimum term.
  • "Confidential Information" has the meaning given in Section 7.5.

2. Our Services

ClariSeq-TB is a bioinformatics software-as-a-service platform designed to assist molecular diagnostics laboratories, hospitals, healthcare institutions, and research institutions with the computational analysis of Mycobacterium tuberculosis (MTB) and non-tuberculous mycobacteria (NTM) sequence data. The Services currently include, without limitation:

  • MTB species identification and lineage/sub-lineage assignment;
  • NTM species identification using a tiered classification approach;
  • Drug resistance interpretation across primary anti-TB and second-line/novel agents, drawing on curated reference sources including WHO catalogue mutations, CRyPTIC data, and published literature;
  • Genome visualisation (including CGview-style circular maps) and downloadable analytical reports;
  • Epidemiological and cluster/phylogenetic analysis modules, where enabled for a given user.

The specific modules, analytical depth, throughput limits, support levels, and data-retention parameters available to you depend on your Access Plan and any applicable Order Document. ClariSeq may introduce, modify, deprecate, or retire individual modules or features from time to time in accordance with Section 12.

The Services are software tools that process molecular sequence data submitted by the User. ClariSeq does not perform wet-lab sequencing, sample collection, or physical testing under these Terms unless expressly agreed in a separate Order Document.

3. Eligibility and Account Registration

The Services are intended for use by qualified professionals acting on behalf of, or as, diagnostic laboratories, hospitals, healthcare institutions, academic and research institutions, and other organisations with a legitimate scientific, clinical-support, or epidemiological basis for mycobacterial genomic analysis. The Services are not directed at, and must not be used by, individuals under 18 years of age, and are not intended for use directly by patients or members of the public.

To access most features you must register for an Account and provide accurate, current, and complete information, including your name, organisational affiliation, professional role, and valid contact details. You are responsible for:

  • maintaining the confidentiality of your login credentials;
  • all activity that occurs under your Account or the Accounts of your Authorised Users;
  • promptly notifying ClariSeq of any unauthorised use of your Account or any other breach of security.

Where an Account is created on behalf of an institution (such as a laboratory, hospital, or university), the individual creating the Account represents and warrants that they are authorised to bind that institution to these Terms. ClariSeq reserves the right to refuse registration, suspend, or terminate any Account at its reasonable discretion, including where information provided is false, incomplete, or where the Account is used in violation of these Terms.

4. Access Models and Access Plans

ClariSeq-TB is made available through multiple access models, which may be used individually or in combination for a given Client:

  • Self-serve Cloud SaaS: sign-up and immediate use of the hosted Platform under the free trial tier, typically suited to individual laboratories and smaller research groups. Paid access to the hosted Platform is not self-served and is obtained by quotation in accordance with Section 5;
  • Enterprise/Institutional Contracts: access governed by a signed Order Document, typically used by hospital networks, private diagnostic chains, and large institutional clients, and which may include negotiated SLAs, custom reporting formats, dedicated support, and volume-based pricing;
  • On-Premise/Local Deployment: a licensed, locally hosted instance of the Platform deployed within a Client's own IT infrastructure or data centre, subject to a separate deployment and licence schedule addressing installation, updates, local data residency, and support;
  • Hybrid Access: a combination of the above, e.g. cloud-hosted primary access with an on-premise instance for a subset of sensitive workloads.

ClariSeq currently structures its commercial offering around two tiers — (a) a free trial tier, offering time-limited or volume-limited evaluation access to the Platform, and (b) a paid tier— each with differing throughput limits, feature access, support levels, and pricing. The specific tier definitions, inclusions, and limits in effect at any time are set out on the ClariSeq-TB pricing page and/or in the applicable Order Document and are incorporated into these Terms by reference. ClariSeq may revise tier structures, features, or limits from time to time upon reasonable notice, provided that no such revision will reduce the features contracted for under an active, paid term without your consent.

For on-premise deployments, additional terms addressing installation support, local infrastructure requirements, version-update cadence, uptime responsibilities (which shift substantially to the Client for locally hosted instances), and on-site data security obligations will be set out in a separate Deployment Schedule, which forms part of these Terms once executed.

5. Fees, Payment, Invoicing and Taxes

Fees for the Services depend on your Access Plan and access model and are set out in the written quotation issued to you and/or in the applicable Order Document:

  • The free trial tier is the only self-served plan. You may register and activate trial access directly through the Platform at no charge, subject to the time and volume limits applicable to the trial at the time of activation. No payment method is required, and a trial does not convert automatically into a paid plan.
  • Paid access is not self-served and is priced per sample analysed. There is no subscription, billing cycle, or minimum term. To obtain paid access you must submit a request for a quote, and ClariSeq will issue a written quotation setting out the per-sample analysis fee and any volume-based pricing applicable to you. On your acceptance of the quotation, ClariSeq will raise an invoice for the number of sample analyses ordered, and the corresponding analysis credits will be provisioned to your Account upon receipt of payment in full. One credit is consumed per sample analysed, and credits are not subject to any expiry date.

All fees are exclusive of applicable taxes (including GST) unless stated otherwise, and such taxes will be added to invoices at the rate applicable under Indian law at the time of billing. ClariSeq will issue GST-compliant tax invoices for all payments received. You are responsible for keeping your billing information, GSTIN (where applicable), and payment method current.

ClariSeq reserves the right to change its per-sample analysis fees for future quotations at any time, provided that the fees set out in a quotation you have accepted will apply to the sample analyses ordered under that quotation, or as otherwise agreed in the applicable Order Document. Late payments may attract interest and/or suspension of access in accordance with Section 13, subject to prior notice and any cure period specified in an applicable Order Document.

Refunds, where offered, will be described in the specific plan terms at the time of purchase or in the applicable Order Document. Absent such a specific provision, fees already paid are non-refundable, including where an Account is suspended or terminated for breach of these Terms.

6. Client Data: Ownership, Licence and Responsibilities

6.1 Ownership

As between you and ClariSeq Analytics LLP, you and/or your institution retain all right, title, and interest in and to the Client Data you upload, including patient-identifiable information, hospital/laboratory names and identifiers, sequence files, and the Outputs/Reports generated from that Client Data through your use of the Services. ClariSeq acquires no ownership rights in Client Data or Outputs by virtue of these Terms.

6.2 Limited Processing Licence

You grant ClariSeq a limited, non-exclusive, royalty-free licence to access, store, process, transmit, and analyse your Client Data solely: (a) to provide, maintain, and support the Services to you; (b) to generate the Outputs/Reports you request; (c) to provide customer support and troubleshoot issues you raise; (d) to detect, prevent, and address technical or security issues; and (e) to comply with applicable law. ClariSeq acts as a service provider / data processor with respect to Client Data and does not use identifiable Client Data for any purpose beyond providing the Services to you.

6.3 Your Responsibilities

You represent and warrant that: (a) you have all necessary rights, consents, and legal basis (including under applicable healthcare, data protection, and medical ethics laws) to upload and process the Client Data, including any patient-identifiable data, through the Services; (b) where Client Data includes patient-identifiable information, you have obtained all necessary patient consents and/or institutional ethics/IRB approvals required for such processing, or have a valid legal basis (e.g. a statutory or regulatory surveillance mandate) permitting it; (c) your use of the Services and submission of Client Data complies with all applicable laws, including the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000 and rules thereunder, and applicable clinical establishment, medical council, and healthcare regulations; and (d) you will not upload Client Data you are not authorised to process.

You are solely responsible for the accuracy, quality, and lawful origin of Client Data submitted to the Services. ClariSeq is not responsible for verifying the identity of patients, the chain of custody of biological samples, or the accuracy of metadata you provide.

7. Data Protection, Privacy and Confidentiality of Patient Information

7.1 Applicable Framework

ClariSeq processes personal data, including patient health-related and genetic information, in accordance with its Privacy Policy (incorporated into these Terms by reference), the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and other applicable Indian data protection and healthcare regulations, as well as any additional privacy commitments set out in an applicable Order Document (for example, institution-specific data protection agreements for enterprise or hospital deployments).

7.2 Security Measures

ClariSeq implements reasonable and appropriate administrative, technical, and physical safeguards designed to protect Client Data against unauthorised access, disclosure, alteration, and destruction, including encryption of data in transit, access controls, and audit logging. No method of electronic transmission or storage is completely secure, and ClariSeq cannot guarantee absolute security.

7.3 Data Residency

Unless otherwise agreed in an Order Document, Client Data submitted to the self-serve and enterprise cloud Services is hosted on infrastructure located in India. Where a Client requires data to remain exclusively within a specific facility (e.g. a hospital network or client-controlled data centre), the on-premise/local deployment access model described in Section 4 is available and should be selected.

7.4 Patient-Identifiable Data and Clinical Reporting

Where ClariSeq-TB is used to support clinical reporting workflows (including generation of laboratory/clinical reports bearing patient names, hospital or laboratory identifiers, and other identifying metadata), ClariSeq will treat such patient-identifiable information as sensitive personal data and process it strictly for the purpose of generating and delivering the requested Output to the Client, in accordance with the licence in Section 6.2. Access to patient-identifiable data within the Platform is restricted to Authorised Users designated by the Client, and ClariSeq personnel will access such data only where necessary for support, troubleshooting, or as instructed by the Client with special approval from the client as and when required.

7.5 Confidentiality

Each party agrees to protect the other party's non-public business, technical, and clinical information disclosed in connection with the Services ("Confidential Information") using at least the same degree of care it uses to protect its own confidential information of similar nature, and not less than reasonable care, and not to disclose such Confidential Information to third parties except as permitted under these Terms, an applicable Order Document, or as required by law. Client Data and patient-identifiable information are Confidential Information of the Client for all purposes of this Section.

7.6 Retention and Deletion

ClariSeq retains Client Data for so long as your Account remains active and for such further period as is reasonably necessary for backups, legal, audit, or regulatory purposes, or as set out in an applicable Order Document. Upon written request following termination of your Account, ClariSeq will delete or, where feasible, export Client Data within a commercially reasonable period, except to the extent retention is required by applicable law or a legitimate regulatory or institutional record-keeping obligation.

8. Research Use Only — No Clinical or Diagnostic Reliance

IMPORTANT — PLEASE READ CAREFULLY. THE CLARISEQ-TB PLATFORM AND ALL OUTPUTS, REPORTS, SPECIES IDENTIFICATIONS, LINEAGE ASSIGNMENTS, DRUG RESISTANCE INTERPRETATIONS, VISUALISATIONS, AND ANALYTICAL RESULTS GENERATED BY THE SERVICES ARE PROVIDED STRICTLY FOR RESEARCH USE ONLY ("RUO").

The Services are software analytical tools intended to support and not to replace, the professional judgement of qualified laboratory, clinical and public-health personnel. Outputs generated by ClariSeq-TB, including drug resistance interpretations, are computational predictions based on curated reference sources (including WHO catalogue mutations, CRyPTIC data and published literature) as they existed at the time of analysis and are not and must not be treated as a standalone in-vitro diagnostic result or a substitute for validated confirmatory laboratory testing, phenotypic drug susceptibility testing or the independent clinical judgement of a qualified physician or microbiologist.

You acknowledge and agree that:

  • Outputs must not be used as the sole or primary basis for a clinical diagnosis, treatment decision, or public-health action concerning any individual patient;
  • Any use of Outputs to inform clinical reporting or treatment must be reviewed, interpreted and confirmed by a qualified laboratory professional or physician in conjunction with confirmatory testing and the patient's full clinical picture, in line with applicable TB treatment guidelines and institutional protocols;
  • ClariSeq-TB has not been validated or certified by the Central Drugs Standard Control Organisation (CDSCO, India) or any equivalent regulatory authority as an in-vitro diagnostic medical device, and is not represented as such;
  • Curated resistance-mutation databases (including WHO 2023/2021 catalogues, CRyPTIC empirical data, and literature-derived entries) are updated periodically and may not always reflect the most current scientific consensus. Entries flagged as provisional or lower confidence within the Platform should be treated with additional caution.

Nothing in this Section limits your ability to use Outputs as one input among several in a properly validated clinical or programmatic decision-making workflow, provided that final decisions rest with qualified human professionals in accordance with applicable standards of care and regulatory requirements.

9. Intellectual Property Rights

9.1 ClariSeq IP

ClariSeq and its licensors own all right, title, and interest in and to the ClariSeq IP, including the ClariSeq-TB software, source code, the multi-layer drug resistance interpretation engine and its underlying rule sets and combination logic, curated reference databases, machine-learning models, report and visualisation templates, user interface, trademarks (including "ClariSeq" and "ClariSeq-TB"), and all related documentation. The ClariSeq IP is protected by Indian and international copyright, trademark, trade secret, and other intellectual property laws. The ClariSeq IP does not include the third-party tools, open-source components, reference databases, catalogues, datasets, or resistance-grading rules identified in Section 11, each of which remains the property of its respective owner and is used subject to its own licence or terms of use. ClariSeq claims rights only in its own curation, integration, combination logic, and presentation of such materials.

9.2 Licence to Use the Platform

Subject to your compliance with these Terms and payment of applicable fees, ClariSeq grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services solely for your internal laboratory, clinical-support, public-health, or research purposes for so long as your Account remains active under these Terms. The licence takes effect on activation of your Account and continues until your Account is terminated in accordance with Section 13, irrespective of whether you hold unused credits at any given time. This licence does not permit you to sub-license, resell, or provide the Services to third parties as a bureau service, except where your Order Document expressly permits laboratory-services resale (e.g. a diagnostic lab offering ClariSeq-TB-powered reporting as part of its own patient-facing test service).

9.3 Restrictions

Except as expressly permitted by these Terms or applicable law, you shall not: (a) copy, modify, adapt, or create derivative works of the Platform or ClariSeq IP; (b) reverse engineer, decompile, or disassemble any part of the Platform or attempt to extract the underlying resistance-interpretation rules, curated databases, or model weights; (c) remove or obscure any proprietary notices; (d) use the Services to build a competing product or service; or (e) use automated means (bots, scrapers) to access the Services outside of documented APIs.

9.4 Feedback

If you provide ClariSeq with suggestions, feature requests, or other feedback regarding the Services, you grant ClariSeq a perpetual, irrevocable, royalty-free licence to use such feedback for any purpose, without obligation or compensation to you, provided that no such feedback will be used in a manner that discloses your Confidential Information.

10. Acceptable Use Policy

You agree not to, and not to permit any Authorised User to:

  • use the Services for any unlawful purpose or in violation of any applicable law or regulation, including healthcare, data protection, or medical ethics laws;
  • upload Client Data that you are not authorised or legally permitted to process, including patient data lacking appropriate consent or legal basis;
  • attempt to gain unauthorised access to the Platform, other Users' Accounts or data, or ClariSeq's systems and networks;
  • interfere with or disrupt the integrity or performance of the Services, including through introduction of viruses, malicious code, or excessive automated requests;
  • misrepresent Outputs as validated diagnostic results, or remove RUO disclaimers from reports before onward distribution;
  • use the Services to develop a directly competing mycobacterial genomics analysis product using ClariSeq IP;
  • share Account credentials or API keys with unauthorised third parties, or exceed the number of Authorised Users/throughput permitted under your Access Plan;
  • use the Services in a manner that infringes the intellectual property, privacy, or other rights of any third party.

ClariSeq reserves the right to investigate suspected violations of this Acceptable Use Policy and to suspend or terminate access in accordance with Section 13, without prejudice to any other remedies available to ClariSeq.

11. Third-Party Content, Reference Databases and Links

The Services incorporate or reference third-party scientific resources, including publicly available reference genomes, taxonomic databases, the WHO mutation catalogues, CRyPTIC data, and peer-reviewed literature ("Third-Party Content"). ClariSeq does not own such Third-Party Content and makes no representation as to its completeness, accuracy, or currency beyond ClariSeq's own curation efforts. Updates to Third-Party Content are incorporated into ClariSeq-TB periodically and may result in changes to interpretation outputs over time.

The Services or related communications may contain links to third-party websites or resources. ClariSeq is not responsible for the content, accuracy, or practices of any third-party sites, and inclusion of a link does not imply endorsement.

11.1 Reference Data Sources

ClariSeq-TB's interpretation logic draws on the following third-party reference resources, each used subject to its own terms of use:

  • (a) the WHO Catalogue of mutations in Mycobacterium tuberculosis complex and their association with drug resistance, 2nd edition (WHO/UCN/TB/2023.7), used as the primary resistance-grading reference;
  • (b) the CRyPTIC Consortium open resistance dataset, used as MIC-based resistance evidence;
  • (c) the TB-Profiler tbdb resource (jodyphelan/tbdb), from which 706 literature and variant-of-uncertain-significance entries have been imported into the ClariSeq-TB Literature Review table; and
  • (d) NCBI RefSeq/GenBank (H37Rv, accession NC_000962.3) and NCBI Taxonomy, used for the reference genome, gene coordinates, and taxonomic species identification.

The catalogue, database, and dataset versions in force at any time are identified in the Platform documentation and, where applicable, in the Outputs themselves. ClariSeq may update these resources from time to time, and such updates may result in changes to interpretation outputs.

11.2 Open-Source Software

ClariSeq-TB is built using open-source software. The analysis pipeline invokes the following tools as external binaries distributed via Bioconda; ClariSeq does not redistribute or modify their source code, and this acknowledgment is given as credit rather than as a condition of any licence: fastp, bwa-mem2/bwa, samtools, bcftools, LoFreq, mosdepth, SnpEff/SnpSift, Snakemake, Kraken2, minimap2, NCBI BLAST+, SPAdes, QUAST, FastANI, Lighter, Biopython, NCBI datasets-cli, and CGView.

The Platform's client-side interface bundles CGView.js (the cgview npm package), which is distributed under the Apache License, Version 2.0. ClariSeq retains the applicable copyright, licence and notice text for that component within the Platform, and no citation or attribution obligation in respect of that component is imposed on you.

Each open-source component remains subject to its own licence, and nothing in these Terms grants you any rights in such components beyond the rights conferred by those licences.

11.3 Citation and Attribution

Where Outputs are used in publications, presentations, regulatory submissions, or reports, ClariSeq recommends that you cite ClariSeq-TB together with the catalogue editions and reference dataset versions identified in the relevant Outputs, since interpretation results depend on the version in force at the time of analysis. This is a scientific recommendation only and is not a condition of your licence, and you are not required to cite the open-source components bundled within the Platform. You must not remove, obscure, or alter any attribution, copyright, licence, or version notice displayed by the Platform or contained in the Outputs.

12. Service Availability, Modifications and Maintenance

ClariSeq will use commercially reasonable efforts to maintain the availability of the cloud-hosted Services, but does not guarantee uninterrupted or error-free operation. Scheduled maintenance will, where practicable, be notified in advance. Specific uptime commitments, if any, will be set out in an applicable Order Document's Service Level Addendum for enterprise and institutional plans; absent such an addendum, the Services are provided on an "as available" basis.

ClariSeq may, at its discretion, modify, update, add to, or remove features of the Platform, including the underlying reference databases and interpretation rule sets, to improve accuracy, comply with updated WHO/scientific guidance, or for other legitimate business reasons. Where a change is reasonably likely to materially and adversely affect an active enterprise/institutional Client's core use of the Services, ClariSeq will provide reasonable advance notice where practicable.

For on-premise deployments, the Client is responsible for maintaining the local infrastructure hosting the Platform, subject to installation and update support as described in the applicable Deployment Schedule; ClariSeq's availability obligations for such deployments are limited to providing installable software updates and remote support as agreed.

13. Term, Suspension and Termination

These Terms take effect when you first access or use the Services and continue for as long as you maintain an active Account or Access Plan, or as otherwise specified in an applicable Order Document.

13.1 Termination by You

You may terminate your Account at any time through your Account settings. Termination takes effect thirty (30) days after you submit the request, during which period you may continue to consume any credits then standing to your Account. On expiry of that period the Account is closed and any credits remaining unused lapse, without refund and without prejudice to Section 5. You may ask ClariSeq to close your Account immediately, in which case any unused credits lapse on closure. Enterprise and institutional Clients may terminate in accordance with the termination provisions of the applicable Order Document or by intimating us about the termination by email.

13.2 Termination or Suspension by ClariSeq

ClariSeq may suspend or terminate your access to the Services, in whole or in part, with notice where reasonably practicable, if: (a) you breach these Terms or an applicable Order Document and, where curable, fail to remedy such breach within a reasonable period after notice; (b) payment is overdue beyond any applicable cure period; (c) your use poses a security risk to the Platform or other Users; or (d) required to comply with applicable law or a binding regulatory or judicial directive. In cases of suspected illegal activity, data misuse involving patient-identifiable information without lawful basis, or security threats, ClariSeq may suspend access immediately and provide notice as soon as reasonably practicable thereafter.

13.3 Effect of Termination

Upon termination, your right to access the Services ceases. Sections that by their nature should survive termination — including Sections 6 (Client Data), 7 (Data Protection and Confidentiality), 8 (RUO Disclaimer), 9 (Intellectual Property), 14–16 (Warranties, Limitation of Liability, Indemnification), and 19 (Governing Law and Dispute Resolution) — shall survive. Client Data export/deletion upon termination is governed by Section 7.6.

14. Warranties and Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING ALL OUTPUTS AND REPORTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Without limiting the foregoing, ClariSeq does not warrant that the drug resistance interpretations, species identifications, or other Outputs will be complete, accurate, or free from error in every case, or that they will be sufficient for any particular clinical, regulatory, or public-health purpose. You are solely responsible for independently verifying Outputs before relying on them for any purpose, subject always to the RUO limitations in Section 8. Any express warranties set out in a specifically negotiated and signed Order Document shall govern to the extent of any conflict with this Section, but only as between ClariSeq and the Client party to that Order Document.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLARISEQ ANALYTICS LLP, ITS PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF CLARISEQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLARISEQ'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO CLARISEQ FOR THE SAMPLE ANALYSES GIVING RISE TO THE CLAIM, OR, WHERE THE CLAIM IS NOT ATTRIBUTABLE TO ONE OR MORE IDENTIFIABLE SAMPLE ANALYSES, THE TOTAL FEES ACTUALLY PAID BY YOU TO CLARISEQ IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable Indian law, including liability for death or personal injury caused by proven gross negligence, or fraud. This Section 15 does not apply to wilful or deliberate breach of confidentiality under Section 7.5, or wilful or deliberate infringement of ClariSeq IP under Section 9, which shall be subject to any liability cap specifically agreed in an applicable Order Document, or otherwise to liability as determined under applicable law. All other claims relating to confidentiality or intellectual property remain subject to the limits set out in this Section 15.

16. Indemnification

You agree to defend, indemnify, and hold harmless ClariSeq Analytics LLP, its partners, employees, and agents from and against any losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your breach of these Terms or an applicable Order Document; (b) your or your Authorised Users' misuse of the Services; (c) Client Data submitted without proper legal basis, consent, or authorisation, including patient data uploaded in violation of applicable healthcare or data protection law; (d) your reliance on Outputs in a manner inconsistent with the RUO limitations in Section 8, including any clinical or treatment decision made without appropriate professional review and confirmatory testing; or (e) your violation of any third party's rights, including intellectual property or privacy rights.

ClariSeq will provide you with prompt notice of any claim subject to this indemnification and reasonable cooperation, at your expense, in the defence of such claim.

17. Regulatory Compliance and Programmatic Use

Where the Services are used within a programmatic or population-level screening context, Clients are responsible for ensuring that use of ClariSeq-TB Outputs aligns with applicable TB treatment and reporting guidelines, and that any programmatic decisions remain subject to review by appropriately qualified clinical or laboratory personnel. ClariSeq will reasonably cooperate with Clients to support Client-specific reporting formats and data-handling requirements set out in an applicable Order Document, including any data localisation, audit, or record-retention obligations.

Nothing in these Terms constitutes a representation by ClariSeq that the Platform holds, or is required to hold, any specific regulatory clearance (such as CDSCO approval) for a given use case; Clients remain responsible for ensuring their own use of Outputs complies with applicable regulatory requirements in their jurisdiction and sector.

18. Export Control and Cross-Border Data Transfer

You agree to comply with all applicable Indian and international laws relating to the export, import, and cross-border transfer of data, including any restrictions applicable to genomic or health-related data. Where Client Data is transferred outside India (for example, in connection with cloud infrastructure, sub-processors, or international collaborations you initiate), you are responsible for ensuring that such transfer complies with applicable law, including any conditions under the DPDP Act and rules made thereunder regarding transfer of personal data outside India. ClariSeq will, where it engages sub-processors located outside India for infrastructure or support purposes, ensure such sub-processors are bound by data protection obligations materially consistent with this Agreement.

19. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of India, without regard to conflict-of-laws principles.

The parties shall first attempt to resolve any dispute arising out of or relating to these Terms through good-faith negotiation between authorised representatives within thirty (30) days of written notice of the dispute. If the dispute is not resolved within such period, either party may refer the dispute to arbitration under the Arbitration and Conciliation Act, 1996, to be conducted by a sole arbitrator mutually appointed by the parties (or, failing agreement, appointed in accordance with that Act), with the seat and venue of arbitration at Ghaziabad, Uttar Pradesh, and the proceedings conducted in English. The arbitral award shall be final and binding on the parties, subject to applicable law.

Notwithstanding the foregoing, either party may seek interim or injunctive relief from a court of competent jurisdiction to protect its intellectual property or Confidential Information pending resolution of arbitration. Subject to the arbitration agreement above, the courts at Ghaziabad, Uttar Pradesh shall have exclusive jurisdiction over any matters not subject to arbitration or any proceedings in aid of arbitration.

20. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms (other than payment obligations) resulting from causes beyond its reasonable control, including acts of God, natural disaster, pandemic, war, civil unrest, action by any authority, internet or power outages, or failures of third-party hosting or telecommunications providers.

21. Notices and Electronic Communications

ClariSeq may provide notices to you via email to the address associated with your Account, through in-Platform notifications, or by posting on the ClariSeq-TB website, and such notices shall be deemed received when sent (for email) or posted. You consent to receive communications from ClariSeq electronically, and agree that electronic agreements, notices, and records satisfy any legal requirement that such communications be in writing. Notices to ClariSeq should be sent to the contact details in Section 25.

22. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without ClariSeq's prior written consent, except to a successor entity in connection with a merger, acquisition, or sale of substantially all assets, provided the successor agrees to be bound by these Terms. ClariSeq may assign these Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganisation, or sale of assets, or to an affiliate, provided that Client Data protections under Section 7 continue to apply.

23. General Provisions

23.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Order Document, constitute the entire agreement between you and ClariSeq regarding the Services and supersede all prior or contemporaneous agreements, representations, and understandings, whether written or oral, regarding the subject matter herein.

23.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

23.3 No Waiver

No failure or delay by ClariSeq in exercising any right under these Terms shall operate as a waiver of that right.

23.4 Relationship of the Parties

Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and ClariSeq. Nothing in this Section affects the independent existence of ClariSeq Analytics LLP as a limited liability partnership.

23.5 Independent Review

These Terms shall not be construed against ClariSeq merely by virtue of having been drafted by ClariSeq.

24. Changes to These Terms

ClariSeq may revise these Terms from time to time. Material changes will be notified by updating the "Last Updated" date above and, where reasonably practicable, by direct notice to registered Users (via email or in-Platform notice) at least fifteen (15) days before the change takes effect for Clients holding unused credits or active trial access. Your continued use of the Services after a revised version of these Terms takes effect constitutes your acceptance of the revised Terms. If you do not agree to a material change, you may terminate your Account prior to the effective date in accordance with Section 13.

25. Contact Us

If you have any questions, complaints, or requests regarding these Terms or the Services, please contact:

  • ClariSeq Analytics LLP
  • Registered Office: Ghaziabad, Uttar Pradesh, India
  • Email: info@clariseq.in
  • Platform: ClariSeq-TB