AI Chatbot Service Disclaimer

This AI Chatbot Service Disclaimer (“Disclaimer”) governs your access to and use of the artificial intelligence-powered chatbot services (the “AI Services” or “Chatbot”) made available by PROBIO INC. and/or any its affiliated company (“we,” “us,” or “our”). By accessing or using the AI Services, you (“you” or “User”) acknowledge that you have read, understood, and agree to be bound by this Disclaimer. If you do not agree to this Disclaimer, you must not access or use the AI Services.

1. Nature of the AI Services

The AI Services utilize generative artificial intelligence and machine learning models to generate responses, suggestions, or other content (“AI Output”) based on your inputs, queries, or data (“User Input”). You acknowledge and agree that AI technologies are probabilistic, experimental, and continuously evolving. The AI Output is generated automatically by algorithms and may contain inaccuracies, errors, omissions, outdated information, or unexpected content. The AI Services and any AI Output are provided solely for general informational purposes and convenience. They do not constitute professional, scientific, technical, regulatory, legal, financial, medical, healthcare, safety, or any other form of professional advice, and they are not a substitute for your own independent judgment or for consultation with appropriately qualified professionals. Nothing in any AI Output shall be construed as a binding offer, quotation, or contractual commitment by us unless and until expressly confirmed in a separate written agreement duly executed by us.

2. No Warranty and “As Is” Basis

THE AI SERVICES AND ALL AI OUTPUT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, we do not warrant and expressly disclaim any warranty that: (a) the AI Services will be uninterrupted, timely, secure, or error-free; (b) any AI Output will be accurate, complete, reliable, current, suitable, or appropriate for your intended use; (c) the AI Services will meet your requirements or expectations; or (d) any defects or errors will be corrected.

You assume all risks associated with your access to and use of the AI Services and any reliance on AI Output.

3. User Responsibility and Independent Verification

You are solely responsible for evaluating the accuracy, adequacy, appropriateness, and applicability of any AI Output for your specific purposes and circumstances. YOU MUST NOT RELY ON AI OUTPUT AS THE SOLE OR PRIMARY BASIS FOR MAKING ANY DECISION, ESPECIALLY ANY DECISION INVOLVING FINANCIAL, LEGAL, REGULATORY, MEDICAL, HEALTH, SAFETY, CLINICAL, MANUFACTURING, OR OTHER CRITICAL MATTERS.

You agree to exercise independent judgment and, where appropriate, to obtain verification and advice from qualified professionals (including, as applicable, legal, regulatory, medical, scientific, technical, quality, or financial advisors) before taking any action or refraining from taking any action based on any AI Output.

You are solely responsible for all User Input you provide and for ensuring that such User Input: (a) complies with all applicable laws and regulations; and (b) does not infringe, misappropriate, or otherwise violate the rights (including intellectual property, privacy, confidentiality, or other rights) of any third party.

You represent and warrant that you have all necessary rights, permissions, and authority to provide the User Input and to grant the rights set out in this Disclaimer.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, CONTRACTS, ANTICIPATED SAVINGS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE AI SERVICES OR ANY AI OUTPUT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. Intellectual Property

You retain ownership of your User Input. All rights, title, and interest in and to the AI Services, including without limitation AI Output, all underlying software, models, algorithms, workflows, user interfaces, documentation, and any improvements, modifications, or derivative works thereof, are and will remain our exclusive property or that of our licensors. No rights are granted to you other than as expressly set forth in this Disclaimer.

6. Data Usage, Confidentiality, and Feedback

By using the AI Services, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, process, store, transmit, and otherwise handle your User Input as reasonably necessary to: (a) provide, operate, maintain, and support the AI Services; (b) improve the performance, security, and functionality of the AI Services; and (c) comply with applicable laws and enforce our terms and policies.

You should not submit to the AI Services any confidential, proprietary, trade secret, personal health information, or other sensitive information unless you have ensured that doing so is lawful and consistent with your own confidentiality, data protection, and compliance obligations. We do not undertake any obligation to treat User Input as confidential unless otherwise expressly agreed in a separate written agreement between you and us.

We will not use your User Input to train or improve general-purpose AI models for the benefit of other customers without your separate, explicit consent, except where we are required to do so by applicable law or regulation.

Any feedback, suggestions, or comments you provide regarding the AI Services (“Feedback”) are voluntary. You agree that we may use, disclose, reproduce, license, and otherwise exploit such Feedback without restriction and without any obligation or compensation to you.

7. Acceptable Use

You agree that you will not use the AI Services: (a) for any unlawful, harmful, fraudulent, or misleading purpose; (b) to infringe, misappropriate, or violate the intellectual property, privacy, confidentiality, or other rights of any person or entity; (c) to generate, upload, or disseminate content that is abusive, threatening, harassing, defamatory, obscene, discriminatory, or otherwise objectionable; (d) to attempt to reverse engineer, decompile, disassemble, or otherwise derive or extract the source code, models, algorithms, or underlying data of the AI Services, except to the extent such restriction is prohibited by applicable law; (e) to introduce viruses, malware, or other malicious code, or in any manner that could damage, disable, overburden, or impair the functioning or security of the AI Services or any related systems; or (f) in violation of any applicable laws, regulations, or industry codes of practice. We reserve the right, at our sole discretion and without prior notice, to suspend, restrict, or terminate your access to all or part of the AI Services if we believe or suspect that you have violated this Disclaimer or engaged in any misuse of the AI Services.

8. Third-Party Components

The AI Services may incorporate, integrate, or rely on models, software, tools, or services provided by third parties (“Third-Party Components”). We do not control and are not responsible or liable for the availability, performance, accuracy, security, or data handling practices of any Third-Party Components. Your use of any Third-Party Components may be subject to additional terms, conditions, and privacy policies imposed by the respective third-party providers, and you are solely responsible for reviewing and complying with such terms.

9. Modifications to the Disclaimer and AI Services

We may modify this Disclaimer at any time, in our sole discretion. Unless otherwise stated, the updated Disclaimer will be effective upon posting. Your continued access to or use of the AI Services after the effective date of any revised Disclaimer constitutes your acceptance of such changes. We also reserve the right to modify, suspend, or discontinue all or any part of the AI Services at any time, with or without notice, and without liability to you.

10. Governing Law and Severability

This Disclaimer shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without giving effect to any choice or conflict of law provision or rule. If any provision of this Disclaimer is held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of this Disclaimer shall remain in full force and effect.