1. Acceptance of Terms

By clicking, you agree to the terms outlined here. By submitting a soil sample to Bio-Mine, LLC ("Provider"), the client ("Client") agrees to be bound by these Terms and Conditions. If the Client does not agree, they must not submit samples and purchase services. These terms supersede all prior agreements and represent the entire understanding between the parties regarding the analysis service. Full payment must be made as shown at checkout and are due immediately. Cancellations must be made via email or phone but are only recognized once confirmed by the Provider.

2. Scope of Service & "Advisory Only" Disclaimer

2.1 Soil & Environmental Microbiome Service: The Provider delivers a Soil Microbiome Analysis Report based on DNA sequencing (e.g., 16S amplicon and ITS amplicon) of the submitted sample. The report identifies microbial taxa and functional potential at the time of sampling. 

2.2 No Guarantee of Outcomes: The Client acknowledges that soil biology is dynamic and influenced by weather, irrigation, tillage, chemical inputs, time of collection, and method of collection. The Provider makes no guarantees regarding crop yield, disease suppression, financial return, or specific agronomic outcomes resulting from the use of this data. 

2.3 Advisory Use Only: The report is an informational tool intended to guide decision-making. It is not a prescriptive directive. The Client assumes full responsibility for any management decisions (e.g., fertilizer application, biocontrol usage) made based on this report.

3. Sample Submission & Florida-Specific Protocols

3.1 Geographic Restriction: Samples are accepted only from within the State of Florida. Any attempt to ship samples from outside Florida will result in immediate rejection and destruction of the sample at the Client’s expense, with no refund.

3.2 Mandatory Sampling Standard (UF/IFAS Compliance): To ensure data validity, Clients must adhere to UF/IFAS Extension Guideline SL454: Composite Sampling: Clients must collect 15–20 cores from a uniform management zone (same soil type, crop history, and irrigation) and mix them thoroughly to create a single composite sample.  Single "grab" samples are rejected unless explicitly authorized for spot-checking. Depth & Timing: Samples must be taken from the top 6 inches (row crops/pasture) or dripline (citrus/trees). Preparation: Samples must be free of plant and/or root debris contamination. 

3.3 Rejection Policy: The Provider reserves the right to reject samples that are overly saturated, contaminated, insufficient in quantity, or fail to meet the composite sampling standard. No refund will be issued for rejected samples. 

3.4 Client Responsibility: The Client is solely responsible for proper collection, labeling, and transport to the drop-off point. The Provider is not liable for errors arising from mislabeled tubes or poor sampling techniques.

4. Limitation of Liability & Damages Cap

4.1 Exclusion of Consequential Damages: To the fullest extent permitted by Florida law, the Provider shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, crop failure, loss of business reputation, environmental remediation costs, or loss of data. 

4.2 Liability Cap: In no event shall the Provider’s total aggregate liability exceed the fees paid by the Client for the specific sample analysis in question. This cap applies regardless of the legal theory (contract, tort, negligence, or strict liability).

4.3 "As-Is" Warranty: Reports are provided "AS-IS" without warranty of merchant-ability or fitness for a particular purpose. The Client acknowledges that microbial data is probabilistic and subject to interpretation limitations.

5. Indemnification & No Third-Party Reliance

5.1 Client Indemnity: The Client agrees to indemnify, defend, and hold harmless the Provider, its officers, employees, and agents from any claims, losses, damages, or legal fees (including reasonable attorney fees) arising from:

• The Client’s application of recommendations, misuse of the data, or failure to follow sampling protocols;

• Violation of Florida regulations (e.g., FDEP Chapter 62-713) by the Client based on the report;

• Third-party reliance on the data (see 5.2); provided, however, that this indemnification shall not apply to the extent such claims are caused by the Provider’s gross negligence, willful misconduct, or intentional torts. 

5.2 No Third-Party Reliance: The report is for the sole use of the Client. Any third party (e.g., banks, buyers, regulators, investors) relying on the data does so at their own risk. The Provider owes no duty of care to any third party, and the Client waives any right to claim contribution or indemnity from the Provider for third-party claims.

6. Data Privacy, Ownership, Intellectual Property & Retention

6.1 Data Ownership The Client retains full ownership of the Raw Sequencing Data (e.g., FASTQ files) and the final Diagnostic Report generated specifically for their samples. The Provider retains all rights, title, and interest in its proprietary Interpretive Algorithms, Reference Databases, Machine Learning Models, Aggregate Benchmarks, and all underlying software/computer code developed therein (excluding third-party open-source components licensed under GPL, AGPL, MIT, Apache, or other terms, which remain the property of their respective owners). Nothing in this Agreement transfers ownership of the Provider’s underlying Intellectual Property to the Client.

6.2 Provider Usage Rights The Provider may use Anonymized and Aggregated Data (data stripped of all Client identifiers, geolocation, and farm-specific metadata) for internal research, method validation, benchmarking, and product improvement.

• Opt-Out: Clients may opt-out of having their data included in Aggregated Datasets at any time by contacting support.

• No Sale: The Provider will not sell, license, or exchange Client Data (raw or aggregated) to third parties (including input manufacturers, commodity traders, or insurance providers) for commercial gain without express written consent separate from this agreement.

6.3 Confidentiality & Security Standards The Provider treats Client geolocation, results, and identity data as confidential business information. To protect this data, the Provider implements industry-standard administrative, technical, and physical safeguards, including:

• Encryption: All data is encrypted in transit using industry-standard protocols (e.g., TLS 1.3 or equivalent) and at rest using robust encryption standards (e.g., AES-256 or equivalent).

• Access Control: Access to raw sequencing data and precise geolocation information is restricted to authorized personnel on a strict need-to-know basis.

• Breach Notification: In the event of a confirmed data breach affecting Client Data, the Provider will notify affected Clients within thirty (30) days (or as required by applicable law).

• Compliance Note: While the Florida Digital Bill of Rights (SB 262) primarily regulates entities with global revenues exceeding $1 billion, the Provider voluntarily adheres to its data minimization and security principles regardless of statutory applicability.

6.4 Data Retention & Automatic Deletion In compliance with the Ag Data Transparent (ADT) Core Principles and emerging privacy standards, the Provider adheres to the following retention schedule:

• Retention Period: Client Raw Data and Reports will be retained for a period of five (5) years from the date of sample analysis or the Client’s last active use of the Service, whichever is later.  This period aligns with standard agronomic cycles for trend analysis and applicable statutes of limitation.

• Automatic Deletion: Upon expiration of this period, all Client Data will be securely and permanently deleted from the Provider’s active servers. Residual copies in backup systems will be overwritten according to our standard backup rotation cycle (maximum 90 days).

• Inactivity: Data associated with accounts inactive for more than two (2) years may be subject to earlier deletion in accordance with Florida Digital Bill of Rights guidelines.

6.5 Data Portability & Early Deletion

• Portability: During the Retention Period, Clients may request a copy of their Raw Sequencing Data and Reports in a structured, machine-readable format (e.g., CSV, FASTQ, PDF) at no cost.

• Early Deletion: Clients may request immediate deletion of their Data at any time prior to the expiration of the Retention Period. Such requests will be processed within thirty (30) days, subject to any legal obligations to retain records for tax, audit, or regulatory purposes.

6.6 Electronic Delivery of Reports

Secure Delivery: Reports will be delivered to Clients via a secure electronic method, which may include a password-protected secure link, a client portal, or an encrypted attachment.

Client Acknowledgment: Client acknowledges that if they request delivery via standard unencrypted email, they assume the risks associated with potential interception. The Provider strongly recommends utilizing the secure link or portal options whenever available. 

7. Estimated Timeline & Service Credit/Refund Policy

7.1 Timeline and Credit/Refund Policy: Turnaround time is estimated at 2-4 weeks from sample receipt. Service Guarantee: If the Provider fails to deliver the final report within 4 weeks due to reasons directly and exclusively within the Provider’s control, the Client is eligible for a full refund or service credit upon request. 

7.2 Force Majeure Exception: The Service Guarantee in Section 7.1 does not apply to delays caused by Force Majeure events, including but not limited to: hurricanes, tropical storms,  flooding, lightning strikes, public health emergency(s), global conflicts, utility outages, reagent shortages due to supply chain disruptions, sequencing equipment failure, or carrier delays. In such events, the timeline will be extended accordingly, and no refunds or damages are due.

8. Regulatory Compliance 

8.1 The Provider’s analytical methods are generally consistent with Florida Administrative Code (FAC) Chapter 62-713 where applicable. However, the Provider makes no representation or warranty that the Report meets any specific regulatory reporting requirements. The Client is solely responsible for verifying with the FDEP or relevant authority whether this data is acceptable for regulatory submissions

8.2 No Permits Required: Since no interstate or international transport occurs, no APHIS permits are needed. The Client is responsible for complying with local county ordinances regarding soil sample preparation and movement within Florida.

9. Data "Snapshot" & Non-Update Policy

9.1 Snapshot in Time: The report reflects the microbiome composition at the time of sampling. The Provider has no obligation to re-analyze samples or update reports if scientific knowledge changes, new pathogens are discovered, or if the Client’s soil conditions change post-analysis.

9.2 Raw Data Limitations: If raw DNA data is provided, it is for informational purposes only. The Provider is not liable for interpretations made by the Client or third parties using raw data outside the official report.

10. Sample Disposal & Retention

10.1 Automatic Disposal: Samples will be destroyed (autoclaved) after thirty (30) days of analysis completion unless the Client pays for extended storage. 

10.2 No Return of Samples: Samples are not returned to the Client. This eliminates liability for shipping hazards or sample degradation during return transit. 

11. Dispute Resolution: Binding Arbitration & Venue

11.1 Mandatory Binding Arbitration: Any dispute arising from this agreement shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in accordance with Chapter 682 of the Florida Statutes (Revised Florida Arbitration Code).

11.2 Waiver of Class Actions: The Client waives the right to participate in class-action lawsuits or representative actions. All disputes must be arbitrated on an individual basis. 

11.3 Exclusive Venue: If arbitration is waived or deemed unenforceable, any legal proceedings must take place exclusively in state or federal courts located in Alachua County, Florida, governed by Florida law. The Client waives any objection to this venue. 

11.4 Attorney Fees: In any action to enforce these terms, the prevailing party shall be entitled to recover reasonable attorney fees and costs, as permitted under Florida law.

12. General Provisions

12.1 Severability: If any provision of this agreement is found invalid or unenforceable, the remaining provisions shall remain in full force. 

12.2 Amendments: The Provider reserves the right to amend these terms at any time. For material changes affecting liability, pricing, or data rights, the Provider will provide at least thirty (30) days’ notice via email. Continued use of the service after the effective date constitutes acceptance of amended terms. If the Client does not agree, they must cease using the service before the effective date.

12.3 Entire Agreement: This document constitutes the entire agreement between the parties.

ACKNOWLEDGMENT:

By submitting a sample, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions, including the Limitation of Liability, Indemnification, and Mandatory Binding Arbitration clauses.