TERMS

Terms and Conditions

Last Updated: May 2, 2025 

These Terms and Conditions (the "Terms") govern your use of the website https://www.herabiotech.com/ (the "Website") operated by Hera Biotech, Inc., a Delaware corporation with headquarters in Texas (hereinafter "we," "us," or "our"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not access or use the Website. 

1. Use of the Website The content of this Website is for informational purposes only. The Website provides information about our diagnostic products, which are currently under development and not yet approved by the Food and Drug Administration (FDA) in the United States or COFEPRIS in Mexico, or any other regulatory body. These products are not available for commercial sale. The information provided on this Website is not intended for diagnostic or treatment purposes and should not be considered medical advice. These Terms apply to all users of our Website, including but not limited to: browsers, clinicians, scientists, investors, patients, the general public, payors, and regulatory agencies. 

2. Intellectual Property All content on this Website, including but not limited to text, graphics, logos, images, and software, is the property of Hera Biotech, Inc., or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, display, or otherwise use any content from this Website without our prior written consent. 

3. Disclaimer of Warranties THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE WEBSITE, INCLUDING ANY INFORMATION REGARDING OUR PRODUCTS UNDER DEVELOPMENT. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. 

4. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HERA BIOTECH, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE SHALL NOT EXCEED ONE EURO (€1.00). THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY RELIANCE ON INFORMATION PROVIDED ABOUT OUR PRODUCTS THAT ARE CURRENTLY UNDER DEVELOPMENT AND NOT YET APPROVED FOR COMMERCIAL SALE. 

5. Links to Third-Party Websites The Website may contain links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, content, goods, or services available on or through any third-party websites. 

6. Governing Law and Jurisdiction These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or relating to these Terms or the Website shall be exclusively brought in the competent courts of Travis County, Texas. 

7. Changes to These Terms and Conditions We reserve the right to modify or revise these Terms at any time without notice. By continuing to access or use the Website after any such changes become effective, you agree to be bound by the revised Terms. It is your responsibility to review these Terms periodically for any updates or changes. The "Last Updated" date at the top of this page indicates when these Terms were last revised. 

8. Contact Us If you have any questions or concerns about this Privacy Policy, please contact us at: contact@herabiotech.com or write us to HERA BIOTECH, INC. 1475 College Park, Suite 200, San Antonio, TX 78249.

9. Capacity to Enter Agreement By accessing this Website, you represent and warrant that you are of legal age and have the legal capacity to enter into this agreement. 

10. Privacy Policy Integration Your use of this Website is also subject to our Privacy Policy, which is incorporated herein by reference. Please review our Privacy Policy [Link to Privacy Policy] for information on how we collect, use, and disclose your information. 

11. Medical Advice Disclaimer The information provided on this Website is for informational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition. Do not delay seeking medical advice due to information on this Website. 

12. FDA and COFEPRIS Disclosure The products and services discussed on this Website are under development and have not been approved by the U.S. Food and Drug Administration (FDA), COFEPRIS, or any other regulatory body. No claims are made as to the safety or effectiveness of these products and services. 

13. General Conditions We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. 

14. HIPAA and GDPR Compliance We are committed to complying with all applicable regulations, including the Health Insurance Portability and Accountability Act (HIPAA) and the General Data Protection Regulation (GDPR) for the processing of your personal data.

15. COFEPRIS GMP Compliance We are committed to complying with COFEPRIS Good Manufacturing Practices (GMP), to the extent they apply to our operations. 

16. Affiliate Services Hera Biotech, Inc. may refer users to third-party service providers. Hera Biotech, Inc. does not sell products but may refer members and users to third-party service providers. All of the services and descriptions, affiliate rates, and discount codes listed on our website were built and offered through partner brands. As a customer on our website, you'll be sent to our partners' websites through affiliate links, for purchasing services, using Hera Biotech, Inc.’s unique discount codes at checkout. Hera Biotech, Inc. receives commission on all purchases made using our partners' unique service links and discount codes. We do not handle the data collection of sales – all sales are subject to our partners' terms and conditions, data, and privacy policies. Services listed on our website are subject to our partner brands' service availability, whose sole discretion may be to limit or cancel the quantities offered on their websites or limit the sales of their services to any person, household, geographic region, or jurisdiction. Prices for our partner brand services are subject to change.