YUGA BIO INC.

Terms of Service

Effective Date: July 31, 2026 | Last Updated: July 31, 2026

Applies to: yugabio.com and the Krita platform

1. Introduction and Acceptance

These Terms of Service (“Terms”) are a legally binding agreement between you and Yuga Bio Inc. (“Yuga Bio,” “we,” “us,” or “our”) governing your access to and use of yugabio.com (the “Website”) and the Krita platform (“Krita” and together with the Website, the “Service”).

By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, located at yugabio.com/privacy (“Privacy Policy”), which is incorporated into these Terms by reference. If you do not agree, you may not access or use the Service. The Service is offered only to, and is intended solely for use by, individuals who are residents of, and physically located in, the United States. By accessing or using the Service, you represent and warrant that you are a resident of the United States and are accessing the Service from within the United States. If you are not a United States resident, you may not access or use the Service.

If you are accessing the Service on behalf of an institution, organization, research group, or Care Team (as defined below), you represent that you have the authority to bind that entity to these Terms, and references to “you” include both you individually and that entity.

We reserve the right to update these Terms at any time and any such updates shall become effective immediately upon posting. In the event of a material change, we will provide notice by posting a notice in the Service or by sending you an email. Continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.

2. Who Can Use Krita

2.1 Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. The Service is not available to individuals who have previously been suspended or removed from the Service by Yuga Bio. You must also be a resident of, and physically located in, the United States. As part of account registration you will be required to affirmatively attest that you are a United States resident, and that attestation will be recorded with a date and time stamp. Yuga Bio may refuse, suspend, or terminate access where it determines that a user is not a United States resident.

2.2 Intended Users

Krita is designed for use by:

• Patients seeking to understand and explore therapeutic options for their own cancer diagnosis;
• Caregivers or authorized representatives acting on behalf of a patient;
• Licensed clinicians, oncologists, and other medical professionals participating in a patient’s care; and
• Researchers and bioinformaticians engaged in cancer research.

By using the Service, you represent that you fall into one of these categories. Use of the Service outside these categories is prohibited.

2.3 Account Types

The Service supports two account types:

• Individual Account — for a single user accessing the Service on their own behalf or in their professional capacity.
• Care Team Account — created by a patient or authorized caregiver (the “Team Owner”) who then invites clinicians, researchers, and other caregivers to collaborate on a shared case. The Team Owner is the primary account holder and data controller for all data within that team.

The distinction matters for data ownership, access rights, and deletion responsibilities described in Section 6.

2.4 Account and Credentials

To access the Service, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all registration information provide is correct, current, and complete. If you choose, or are provided with, a username, password, or any other piece of information as part of Yuga Bio security procedures, you must treat such credentials as confidential, and must not disclose them to any other person or entity.

You also acknowledge that your account is personal to you and agree not to provide any other person or entity with access to any part of the Service using your credentials. You agree to notify Yuga Bio immediately of any unauthorized access to or use of your credentials or any other breach of security.

2.5 Authorized Representatives and Caregiver Access

If you are creating an account or uploading data on behalf of a patient, you represent and warrant that:

• You are that patient’s legally authorized representative, caregiver, or are acting under an applicable research protocol or institutional authorization;
• The patient has been informed that their data will be uploaded to and processed by Krita; and
• You have the patient’s informed consent, or equivalent authorization under applicable law, to take these actions on their behalf.

For clarity, it is your responsibility to ensure that you have obtained appropriate consent or authorization before uploading any patient data.

3. What Krita Is — and Is Not

3.1 What Krita Does

Krita is an AI-powered research platform designed to synthesize molecular, clinical, and diagnostic data — including multi-omics sequencing, diagnostic reports, imaging findings, EHR exports, and patient-provided clinical history — alongside scientific literature, to generate personalized therapeutic hypotheses for cancer patients. It is designed to support — not replace — the judgment of qualified medical professionals.

Krita is designed to help users explore the landscape of options from standard-of-care treatments, to clinical trials, to emerging and custom-designed therapeutics, by integrating publicly available research, patient-specific data, and AI-assisted analysis.

3.2 Not a Medical Device

Krita is not a medical device as defined under 21 U.S.C. § 321(h) of the Federal Food, Drug, and Cosmetic Act. It has not been reviewed, cleared, or approved by the U.S. Food and Drug Administration (FDA). It is not intended to independently direct any diagnosis or treatment. The Service presents information and research hypotheses so that a qualified medical professional can independently review the basis for any output and exercise independent professional judgment. All outputs from Krita are research artifacts. They are intended to be reviewed, interpreted, and acted upon — or not — by qualified medical professionals with full knowledge of the patient’s clinical situation. The Service is not designed or intended to be relied upon as the primary basis for any clinical or treatment decision. Use of the Service does not create a physician-patient relationship, a therapist-patient relationship, or any other professional services relationship between you and Yuga Bio.

3.4 AI Limitations and Output Accuracy

Without limiting the foregoing, you acknowledge and agree: (i) you are solely responsible for all outputs and evaluating the outputs for accuracy, reliability, and appropriateness for its use case, including by utilizing human review; (iii) you will not rely on the outputs for non-experimental purposes or as the sole source of truth or factual information; (iv) neither Yuga Bio nor any affiliates will be liable for your use of any outputs; (v) the outputs are meant to be educational and informative only, and do not for any reason or in any respect replace professional medical care or advice and should not be used for diagnosis, dosage, or prescription of treatment.

3.5 Research Use Scope

The Service is intended for research and hypothesis generation purposes. It is not intended for direct patient self-administration without clinician involvement, for use as a standalone clinical decision support system in a regulated environment, or as a replacement for institutional research protocols where those protocols apply.

4. Permitted and Prohibited Uses

4.1 Permitted Uses

You may use the Service to:

• Upload and analyze your own genomic, multi-omics, and clinical data, or data you are authorized to upload on behalf of a patient;
• Conduct research and hypothesis generation related to cancer diagnosis and treatment;
• Synthesize and explore scientific literature, clinical trial data, and publicly available genomic databases;
• Collaborate with Care Team members on shared analyses, threads, and outputs; and
• Export and share outputs with qualified medical professionals for further review.

4.2 Prohibited Uses

You agree not to use the Service:

• To train, fine-tune, or develop AI systems, including to train an algorithm, machine learning tool, or other AI technology, to conduct data mining, or to generate any derivative work based on the Service;
• To build, improve, or otherwise develop a competing product or service;
• To violate any applicable law, including data protection laws, export controls, or institutional research requirements; or
• To access or use the Service from outside the United States, to misrepresent your place of residence, or to circumvent or attempt to circumvent any measure Yuga Bio uses to limit the Service to United States residents; or
• In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service.

You additionally agree not to:

• Upload data to the Service that you do not have the legal right or authorization to upload, including patient data obtained without appropriate consent;
• Use outputs as standalone clinical decisions without independent expert review, or in any manner that bypasses qualified medical oversight;
• Upload data to the Service belonging to a third party without their knowledge or consent;
• Attempt to reverse engineer, decompile, or extract the underlying models, algorithms, or training data of the Service;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service;
• Resell, sublicense, or redistribute access to the Service or its outputs as a commercial product without a separate written agreement with Yuga Bio;
• Copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Service;
• Probe, stress test, or exploit security vulnerabilities in the Service;
• Use any device, software, or routine that interferes with the proper working of the Service; or
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Service.

4.3 Institutional Compliance

If you are accessing the Service in connection with an institutional research program, clinical trial, or hospital system, you are solely responsible for ensuring that your use of the Service complies with your institution’s IRB requirements, data governance policies, and any applicable research protocols. Agreeing to these Terms does not relieve you of those institutional obligations, and Yuga Bio does not monitor institutional compliance or assume any responsibility for it. The institution, not Yuga Bio, bears sole responsibility for ensuring that its employees and agents use the Service in a manner consistent with the institution’s own data governance framework.

5. Patient Consent and Genomic Identification Risk

5.1 Your Responsibility for Consent

Yuga Bio is not a consent authority. When you upload patient data — whether your own or data belonging to a patient you represent — you are solely responsible for ensuring that appropriate informed consent or legal authorization exists. This includes consent for the use of AI-assisted analysis tools and cloud-based data processing.

5.2 Genomic Identification Risk

Genetic, genomic, and multi-omics data are inherently and uniquely identifying. As explained in the notice below, no method of de-identification can fully eliminate the possibility that such data could be linked back to the individual it describes. By uploading genomic or multi-omics data, you acknowledge this inherent re-identification risk, confirm that you have the authority to upload the data, and confirm that the consent or authorization required under Section 5.1 and the Genetic Information Collection, Use, Disclosure, and Research Consent has been obtained. Yuga Bio is not liable for identification risks that are inherent to the nature of the data itself.

5.3 De-identification and Data Retention

Yuga Bio applies data-minimization practices and, where feasible, processes molecular, clinical, and diagnostic data in de-identified form. You acknowledge, however, that certain data elements are retained in identifiable or potentially identifiable form because they are essential to the Service, including the absolute dates of your diagnosis and treatment events, which are required to match you to relevant clinical trials, and, where you provide it, geographic information such as your ZIP code. Because these elements are retained, and because genomic sequence data is inherently re-identifiable, Yuga Bio does not represent that the data it processes for you is fully anonymized or de-identified within the meaning of applicable law.

Yuga Bio retains your data for as long as your account is active and as otherwise described in the Privacy Policy, and follows the deletion and withdrawal procedures described there.

5.4 Consent

Your use of the Service involves separate, specific consents that are presented to you at the point at which the relevant data is collected or the relevant activity occurs, rather than as a single, blanket acceptance. These include consent to collect and process your molecular, clinical, and diagnostic data, separate consent for genetic information (which is governed by the Genetic Information Collection, Use, Disclosure, and Research Consent), separate consent for any research or secondary use of data, and a separate, off-by-default consent for session recording. You may decline any optional consent without losing access to the core Service, and you may withdraw a consent at any time as described in the Privacy Policy. The Privacy Policy and the Consumer Health Data and Genetic Information Privacy Policy describe how these consents operate and how you may exercise your rights.

6. Data Ownership and Our Commitments

6.1 You Own Your Data

You retain all ownership rights in and to, or otherwise have an applicable right, license, or authorization to use:

• Data you upload to the Service, including genomic files, clinical records, and multi-omics datasets; and
• Queries, prompts, and inputs you submit (collectively, (“Your Inputs”).

Further, as between you and Yuga Bio, you own all rights in and to:

• Outputs, analyses, reports, and visualizations generated in response to Your Inputs; and
• Threads, case wikis, and inferred knowledge artifacts generated within your account or Care Team (collectively, and together with Your Inputs, “Your Data”).

6.2 License to Operate the Service

You hereby grant Yuga Bio a limited, non-exclusive, royalty-free license to use, store, process, and transmit Your Data to operate the Services for you. This license shall terminate upon deletion of Your Data.

6.3 Our Commitments

Yuga Bio makes the following commitments regarding Your Data:

• No model training — We will not use Your Data to train, fine-tune, or improve AI models except with your separate, explicit, opt-in consent, and we will not use genomic sequence data or other identifiable health information to train, fine-tune, or improve AI models under any circumstances.
• No data sale — We will not sell or rent Your Data to any third party for any purpose.
• Vendors and sub-processors — We use a limited set of service providers to operate the Service (for example, cloud hosting and, through that hosting environment, AI model processing). We require these providers to protect Your Data under written agreements, and where the business-customer channel involves protected health information, we enter into business associate agreements as required by applicable law.

6.4 Third-Party Database Licenses

The Service may incorporate or reference publicly available scientific databases — including The Cancer Genome Atlas (TCGA), PubMed, clinical trial registries, and other public genomic resources — as part of its analyses. Each of these sources is subject to its own licensing and data use terms. You are responsible for ensuring that your use of the Service is consistent with any data use agreements applicable to you through your institution or research protocol.

7. Care Teams and Multi-User Access

7.1 Team Structure

A Care Team is created by a “Team Owner”. The Team Owner invites other users — e.g., clinicians, researchers, or additional caregivers — who become “Team Members.” Team Members are granted access to the Care Team’s shared resources at the Team Owner’s discretion.

7.2 Shared Resources

Within a Care Team, the following resources may be accessed and viewed by all Team Members:

• Uploaded datasets and genomic files;
• Analysis threads and conversational history;
• Analysis outputs, reports, and visualizations; and
• Inferred knowledge artifacts, including case wikis and agent memory.

7.3 Team Owner Responsibilities

The Team Owner is responsible for:

• Ensuring that each Team Member has a legitimate need to access the patient’s data;
• Obtaining or confirming that appropriate consent exists for each Team Member’s access;
• Managing membership of the Care Team, including adding and removing Team Members as the patient’s care situation changes; and
• Initiating account or data deletion requests when the Care Team is no longer active.

As the Team Owner, you are responsible for the acts and omissions of all Team Members and their compliance with these Terms.

7.4 When a Team Member Leaves

When a Team Member is removed from a Care Team, their access to all shared resources is revoked immediately. They retain no copy of, and no ongoing right to access to, any shared resources. For clarity, Yuga Bio will not provide any shared resources to any Team Members removed from a Care Team.

7.5 Team Ownership Transfer

A Team Owner may transfer ownership of a Care Team to another Team Member before deleting their account. This preserves continuity of access to the patient’s data for the remaining Team Members of the Care Team. If a Team Owner account is deleted without transferring ownership of the Care Team to an alternative Team Member, all shared resources will be deleted within 30 days of the account deletion request in accordance with our Privacy Policy.

8. Intellectual Property

8.1 Yuga Bio Intellectual Property

Yuga Bio owns all rights, title, and interest in and to the Service (including Krita and its underlying software, models, algorithms, and interfaces) and all information and content we create. Nothing in these Terms transfers any of these rights to you. Your right to use the Service is limited, non-exclusive, non-transferable, non-sublicensable, and subject to your compliance with these Terms. Your right to use the Service is only for the duration of your account and is revocable for violation of these Terms.

Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

The “Yuga Bio Trademarks” consist of the Yuga Bio and Krita name, trademarks, and all related names, logos, product and service names, designs, and slogans of the Yuga Bio or its affiliates or licensors. You must not use the Yuga Bio Trademarks without our prior written permission. All other names, logos, product and service names, designs, and slogans included in the Service are the trademarks of their respective owners.

8.2 Your Intellectual Property

You retain all ownership rights in and to Your Data, subject only to the limited license granted to Yuga Bio in Section 6.2 solely to operate the Service for you. Yuga Bio claims no ownership of Your Data.

8.3 Feedback

If you provide suggestions, ideas, or feedback about the Service, you hereby grant Yuga Bio a royalty-free, irrevocable, fully-transferrable, perpetual license to use and exploit that feedback for any purpose without obligation or attribution to you. Please do not submit feedback that contains confidential patient data.

9. Disclaimers and Limitation of Liability

9.1 Service Provided As-Is

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YUGA BIO MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Without limiting the foregoing, we do not warrant that: (a) the Service will be uninterrupted, error-free, or available at any particular time; (b) any output will be accurate, complete, reliable, or fit for any particular purpose; (c) the Service will meet your specific requirements; or (d) any defects in the Service will be corrected.

9.2 No Warranty on Clinical Outcomes

YUGA BIO EXPRESSLY DISCLAIMS ALL LIABILITY FOR CLINICAL OUTCOMES, TREATMENT DECISIONS, OR MEDICAL RESULTS ARISING FROM USE OF THE SERVICE OR RELIANCE ON ANY OUTPUT GENERATED BY THE SERVICE. THE SERVICE IS A RESEARCH TOOL. THE RESPONSIBILITY FOR ALL CLINICAL DECISIONS RESTS SOLELY WITH THE QUALIFIED MEDICAL PROFESSIONALS INVOLVED IN THE PATIENT’S CARE.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YUGA BIO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, PERSONAL INJURY, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

IN NO EVENT SHALL YUGA BIO’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID TO YUGA BIO IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

9.4 Force Majeure

Yuga Bio is not liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, labor disputes, pandemics, internet or cloud service outages, or interruptions in utilities. We will use reasonable efforts to notify you and resume normal service as soon as practicable.

10. Indemnification

You agree to defend, indemnify, and hold harmless Yuga Bio and its affiliates, officers, directors, employees, agents, contractors, successors, and assigns from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Service;
• Your violation of these Terms; or
• Your Data, including any claim that such data was uploaded without appropriate consent or authorization.

11. Account Termination and Deletion

11.1 Your Right to Delete

You may request deletion of your account at any time by emailing support@yugabio.com. We will process your request within 30 days of receipt. The scope of what is deleted and what is retained for legal purposes is described in our Privacy Policy.

11.2 Our Right to Suspend or Terminate

We reserve the right to suspend or terminate your or any Team Member’s access to the Service at any time, with or without notice, if we reasonably believe you or a Team Member has (i) violated these Terms, (ii) engaged in conduct that poses a risk to other users, or (iii) used the Service in a manner that is unlawful or harmful. We will use commercially reasonable efforts to provide you notice of such suspension or termination. We will have no liability for any damages, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur as a result of such suspension or termination.

If we terminate your account for reasons other than your breach of these Terms, we will provide a prorated refund of any prepaid fees for the unused portion of a paid subscription period.

11.3 Effect of Termination

Upon termination, your license to use the Service ends immediately. Sections of these Terms that by their nature should survive termination — including Sections 8, 9, 10, 11, 12, and 13 — will continue in effect after termination.

12. Arbitration Agreement

12.1 Mandatory, Binding Individual Arbitration

By entering into these Terms, you agree that all disputes or claims between you and Yuga Bio or its employees, agents, successors, or assigns that arise from or are related to these Terms (including this Arbitration Agreement and the arbitrability of any dispute or claim) or Yuga Bio (collectively, “Disputes”), regardless of when such Disputes arose, and if not resolved through the Informal Dispute Resolution procedure outlined below, shall exclusively be resolved via binding individual arbitration, and not in a court of law in any jurisdiction. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, you and Yuga Bio each retain the right to bring an individual action in small claims court if it qualifies. If a claim brought in small claims court is transferred or appealed to any court other than a small claims court, the Dispute shall immediately become subject to arbitration in accordance with these Terms. Notwithstanding the foregoing, you and Yuga Bio also each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

12.2 Informal Dispute Resolution

In the event of a Dispute, you and Yuga Bio each agree to send to the other party a written notice of dispute stating the name and contact information of the party giving notice; the facts giving rise to the Dispute; and the relief requested. You must send any notice of dispute to support@yugabio.com. We will send any notice of dispute to you at the contact information you have provided us. You and Yuga Bio agree to attempt to resolve the Dispute through informal negotiation within thirty (30) days after the notice of dispute is sent. After that thirty (30) day period and not before, you or Yuga Bio may commence an arbitration proceeding as set forth in this Arbitration Agreement. The parties’ right to bring an individual action in small claims court shall not require an attempt to first resolve the Dispute through informal negotiation.

12.3 Class Action and Jury Trial Waiver

You and Yuga Bio agree that each party is waiving the right to trial by a jury or to participate in any purported class, collective, aggregate, representative, or consolidated action, arbitration, or other proceeding. Unless both you and Yuga Bio agree in writing or unless otherwise permitted by these Terms, each party may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, aggregate, mass, representative, or consolidated action, arbitration, or other proceeding. If the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative, mass, or class proceeding. If the foregoing class action/jury trial waiver is found to be unenforceable, then the entirety of this Section 12 shall be null and void, and you and Yuga Bio shall be deemed not to have agreed to arbitrate disputes.

12.4 Rules, Procedures, and Governing Law

This Arbitration Agreement is intended to be broadly interpreted, and expressly includes claims brought under any law, statute, regulation, or legal or equitable theory. Notwithstanding any choice of law or other provisions in these Terms, you and Yuga Bio agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”), applies to these Terms and that this Arbitration Agreement evidences a transaction involving interstate commerce under the FAA. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator also shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the terms of these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

If the parties cannot resolve the matter through the Informal Dispute Resolution procedure above, you and Yuga Bio each agree that all Disputes shall be submitted for arbitration by the American Arbitration Association (“AAA”) in California, or another mutually agreeable location (including by telephone or remote means). The arbitration will be administered by AAA in accordance with its rules and procedures, including any supplementary rules and fee schedules then in effect (collectively, the “Rules”), except as modified by these Terms. AAA’s Rules are available at https://www.adr.org/Rules. For information on how to commence an arbitration proceeding, you can contact AAA at www.adr.org. If AAA is unavailable, you and Yuga Bio shall agree to another arbitration body. Subject to these Terms, including those set forth in this Section 12, the arbitrator(s) may award any damages and relief authorized by applicable law or the Rules. The award is final and binding and judgment on it may be entered in any court of competent jurisdiction, in accordance with the FAA.

In the event that twenty (20) or more similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, AAA shall: (i) administer the arbitration demands in twenty (20) batches, with the discretion to create additional batches if AAA finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side as set forth in AAA’s Mass Arbitration and Mediation Fee Schedule. To the extent AAA administers the arbitration and applies this batching protocol, the parties agree that the arbitrator shall award a single award per batch. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of claims. This provision shall in no way be interpreted as authorizing class arbitrations of any kind. Yuga Bio reserves all rights and defenses as to each and any demand and claimant, and unless the Rules provide otherwise, an individual arbitration shall be conducted for each claimant in each batch. If any court or arbitrator determines that this subsection is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement set forth in this Section 12 shall be deemed null and void in its entirety, and you and Yuga Bio shall be deemed not to have agreed to arbitrate Disputes.

It is the intent of the parties that the Rules and the FAA shall preempt all state laws to the fullest extent permitted by Applicable Law. If the Rules and the FAA are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of California, without regard to its choice or conflict of law provisions.

13. General Provisions

13.1 Entire Agreement

These Terms, together with the Privacy Policy and any supplemental written agreements you enter into with Yuga Bio (such as an enterprise or institutional agreement), constitute the entire agreement between you and Yuga Bio regarding the Service and supersede all prior and contemporaneous understandings, agreements, representatives, and warranties, both written and oral, on this subject.

13.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions will continue in full force and effect.

13.3 No Waiver

Our failure to enforce any provision of these Terms at any time does not constitute a waiver of our right to enforce it in the future.

13.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. Yuga Bio may assign these Terms in connection with a merger, acquisition, or sale of assets, provided that the assignee assumes all obligations under these Terms.

13.5 California Residents

In accordance with California Civil Code § 1789.3, California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

13.6 User-Provided API Keys

The Service may allow you to provide your own third-party application programming interface (API) key so that certain features operate through your own account with a third-party provider. If you choose to do so, you authorize Yuga Bio to store that key in encrypted form and to use it solely to provide the requested features. You acknowledge that data processed through your own key may also be processed by that third-party provider under that provider’s terms, and that Yuga Bio is not responsible for that provider’s processing. You may remove your key at any time.

14. Contact

For questions about these Terms, to exercise your rights, or to report a concern:

For enterprise or institutional inquiries, including BAA discussions, please email support@yugabio.com with the subject line “Enterprise Inquiry.”