Terms of Use

Terms of Use

Last Updated: July 9, 2026

The www.circulargenomics.com website (the “Site”) is owned and operated by Circular Genomics, Inc., a Delaware corporation (together with its successors and assigns, “Circular Genomics”, “we”, “us” or “our”). The Site, together with any of our related sites, mobile applications or software tools, are collectively referred to herein as the “Services”. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. By using the Services in any manner, you (the“user”, “you” or “your”) agree to this Legal Notice & Terms of Use (as they may be amended from time to time, the “Terms”), including any additional terms and conditions and policies referenced herein or available by hyperlink. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you do not agree to the Terms, please do not use the Services. We reserve the right,at our discretion, to change, modify, add or remove portions of the Terms or any such additional terms and conditions or policies at any time, and we will post the Terms (or such additional terms and conditions or policies) as so modified on the Site. Please check these Terms and any such additional terms and conditions or policies referenced herein periodically for changes. Your continued use of the Services following the posting of changes to the Terms or any such additional terms and conditions or policies referenced herein will mean you accept those changes.

USE OF SITE AND CONTENT

The materials on the Services are provided by Circular Genomics for your personal information, education and communication and are subject to these Terms. The Site contains materials and information relating to Circular Genomics, its products and services. The materials and information may be in the form of data, text, images, graphics, illustrations and animations, icons, registered and unregistered trademarks, photographs, audio clips and video clips, music, sounds, pictures, webcasts, software, or other forms known or later created or invented (collectively “Content”). In using the Services, the respect for Circular Genomics’ intellectual property rights, as outlined below, is expected. Any unauthorized use of Content may violate copyright, trademark, privacy, communications and other laws, and any such use may result in your personal liability and may be subject to civil and/or criminal prosecution.

COPYRIGHT

All Content on the Services, including text, graphics, logos, icons, and images, is the property of Circular Genomics or its content suppliers and is protected by U.S.and international copyright laws. The collection, arrangement, and assembly (that is, the “compilation”) of all content on the Site is the exclusive property of Circular Genomics and its suppliers and is protected by U.S. and international copyright laws. The content on the Services may be used as a personal resource provided you do not delete or change any copyright, trademark, or other proprietary notices or markings. The foregoing limited right does not grant you any ownership in any Content. Except as expressly provided herein, nothing contained in these Terms may be construed as conferring to you (by implication, estoppel, or otherwise) any other right or license to any Content under any copyright or any other intellectual property rights. Any other use, including the reproduction, modification, distribution, transmission, display, or performance, of the content on the Services is strictly prohibited without prior written permission from Circular Genomics. Users of the Services are not permitted to modify, distribute, transmit or create derivative works of any material found on the Services for any personal or commercial purposes.

APPLICABLE LAWS

The Services are controlled and operated by Circular Genomics from its offices within the State of California, U.S.A. Circular Genomics makes no representation that the Content is appropriate or available for use in other locations, and access to the Services from territories where the Content, or any part, is illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Users may not use or export the information in violation of U.S.export laws and regulations.

LINKS TO/FROM OTHER WEBSITES

The Services may contain links to third party sites, which are neither under the control of, nor maintained by, Circular Genomics. These links are provided for convenience. These links are not, and should not be construed as, an endorsement by Circular Genomics, or as an incorporation by reference of any materials on such third-party websites into the Services. Access to any other Internet site linked to the Services is at the user’s own risk. Circular Genomics is not responsible for the content of any linked website. Circular Genomics is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these third-party websites. You are granted alimited, non-exclusive, revocable right to create hyperlinks to the Site provided that the links: (a) are only to the homepage of the Site located at www.circulargenomics.com; (b) incorporate only text and do not use any trademarked or copyrighted material; and (c) are not operated for anycommercial purposes; and further provided that the links and related content on your website (a) do not suggest any affiliation with Circular Genomics or cause confusion among consumers; (b) do not portray Circular Genomics or its products or services in a false, misleading, derogatory, or otherwise offensive manner;(c) do not contain content that could be construed as distasteful, offensive, politically partisan, or otherwise controversial; and (d) contain materials appropriate for all ages of the general public.

CHILDREN

The Services are not intended for use by children. If you are under 18, you may not submit or post any information or material on or through the Services or otherwise provide such information to Circular Genomics, including but not limited to personally identifiable information.

TERMINATION

We may terminate a user’s ability to use the Services in our sole and absolute discretion and for any reason. We may terminate your use of the Services for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of resources on which the Services rely or attempt to gain unauthorized entry to the Services; or (3) as required by law, regulation, court or governing agency order. Our termination of any user’s access to the Services may be effected without notice and, on such termination, we may immediately bar any further access to the Services. We shall not be liable to any user or other third party for any termination of that user’s access to the Services.

REGULATORY APPROVAL

Except as otherwise expressly indicated by us in writing: (i) the technologies and products shown, described or discussed on the Service are for informational purposes only and have not been approved for human use by any regulatory agency, including without limitation the United States Food and Drug Administration, and (ii) no portion of the Services is intended to constitute a representation or claim as to the efficacy, safety or benefits of our products or services for any human, clinical or medical use. No information contained on the Services is intended to be used for the purpose of medical diagnosis or treatment.

INDEMNIFICATION

Each user shall indemnify, defend and hold Circular Genomics its affiliates, and its and their respective, directors, officers, employees, members, partners, stockholders and agents harmless from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Services; his or her submission, posting or transmission of any information on or through the Services or his or her violation of the Terms.

DISCLAIMER

Circular Genomics does not guarantee continuous, uninterrupted access to the Services,and operation of the Services may be interfered with by numerous factors outside of our control. When you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply, and Circular Genomics shall have no liability whatsoever for such charges, rates or other fees.

THE SITE AND OTHER SERVICES ARE PROVIDED BY CIRCULAR GENOMICS ON AN “AS IS” AND “ASAVAILABLE” BASIS. CIRCULAR GENOMICS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR COMMUNICATIONS ON OR THROUGH THE SERVICES. CIRCULAR GENOMICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SERVICES. CIRCULAR GENOMICS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CIRCULAR GENOMICS’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS EXCEED ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED AND EVEN IF CIRCULAR GENOMICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SUBMISSIONS

We welcome your comments and feedback regarding the Services. Any comments, feedback, ideas, suggestions, data or other information submitted by you to us through the Services or any related communication channel is referred to herein as “Feedback”. By submitting Feedback to us, you acknowledge and agree that: (i)such Feedback does not contain information that is confidential or proprietary to you; (ii) we are not under any obligation of confidentiality to you, expressor implied, with respect to such Feedback; (iii) we may use or disclose (or choose not to use or disclose) such Feedback for any purpose; (iv) we may have something similar to the Feedback already under consideration or indevelopment; and (v) such Feedback is hereby assigned to us. Please do not send us any information or materials through the Services that you do not wish to be subject to the terms of this paragraph. The legality, reliability, appropriateness, originality and copyright of such Feedback are the full responsibility of the person submitting such Feedback.

TRADEMARKS

Circular Genomics is the owner of the trademarks “Circular Genomics” and any logo of Circular Genomics set forth on the Services. Other trademarks, logos and service marks used on the Services are the property of Circular Genomics or of third parties. No use may be made of any trademarks, logos or service marks on the Services without the prior written consent of Circular Genomics or of the third party that owns the trademark, logo or service mark.

PRIVACY

Circular Genomics agrees to treat your private personally identifiable information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at www.circulargenomics.com/privacy.

GENERAL INFORMATION

These Terms constitute the entire agreement between each user and Circular Genomics and govern each user’s use of the Services, superseding any prior agreements. The Terms and the relationship between each user and Circular Genomics shall be governed by the laws of the State of California without regard to its conflict of law provisions, and each party shall submit to the personal and exclusive jurisdiction of the courts located within San Diego County, California. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Circular Genomics and any user.

Circular Genomics, Inc. is headquartered at 10935 Alexandria Way, Suite 201, San Diego, CA 92121. Notices to Circular Genomics under these Terms should be directed to that address or to info@circulargenomics.com.

ASSIGNMENT

Circular Genomics may assign, transfer or delegate these Terms and any of its rights and obligations hereunder, in whole or in part, without notice or consent,including in connection with a merger, acquisition, reorganization, or sale ofassets. You may not assign or transfer these Terms, by operation of law or otherwise, without Circular Genomics’ prior written consent, and any attempted assignment without such consent is void.

FORCE MAJEURE

Circular Genomics will not be liable for any failure or delay in performance under these Terms resulting from causes beyond its reasonable control, including but notlimited to acts of God, natural disaster, war, terrorism, riots, embargoes, acts of civil or military authority, fire, flood, accidents, epidemics or pandemics, strikes or shortages of transportation, facilities, fuel, energy, labor, or materials, or failures or outages of telecommunications, hosting, or internet services.

WAIVER

No waiver of any provision of these Terms shall be effective unless in writing and signed by Circular Genomics. Circular Genomics’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision or of any other right or provision.

DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY: IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH CIRCULAR GENOMICS ON AN INDIVIDUAL BASIS. Before filing a claim against Circular Genomics, you agree to try in good faith to resolve the dispute informally by contacting us at the address above and describing the nature of your claim and the relief sought. If the dispute is not resolved within forty-five (45) days, you and Circular Genomics agree that any dispute arising out of or relating to these Terms or the Services that is not resolved informally shall be resolved by final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures then in effect, conducted by a single arbitrator in San Diego, California, and governed by the Federal Arbitration Act. YOU AND CIRCULAR GENOMICS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this classaction waiver is found unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) shall proceed in court, with the remainder proceeding in arbitration. Notwithstanding the foregoing, either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction in San Diego, California to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual propertyrights.

SURVIVAL

The provisions above listed under the headings “COPYRIGHT”, “APPLICABLE LAWS”,“LINKS TO/FROM OTHER WEBSITES”, “TERMINATION”, “INDEMNIFICATION” “DISCLAIMER”, “LIMITATION OF LIABILITY”, “SUBMISSIONS”, “TRADEMARKS” and “GENERAL INFORMATION”, “ASSIGNMENT” and “DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION WAIVER” shall survive any termination or expiration of these Terms with respect to any user.

HISTORICAL MODIFICATIONS

The current version of these Terms became effective on the date first set forth above. We may have updated these Terms from time to time. If you would like to review prior versions of these Terms, please contact us through the “Contact Us” page on the Site.

CIRCHUB ADDENDUM TO TERMS OF USE

Last Updated: 10/29/2026

This CircHub Addendum (this “Addendum”) supplements the Circular Genomics Terms of Use (the “Terms”) and governs your access to and use of CircHub, the secure data analysis portal operated by Circular Genomics, Inc. (“Circular Genomics”) (“CircHub”). CircHub is part of the “Services” under the Terms, and this Addendum is incorporated into the Terms. By checking the acknowledgment box, or by accessing or using CircHub, you agree to this Addendum and the Terms. If this Addendum conflicts with the Terms, this Addendum controls with respect to CircHub. Capitalized terms not defined in this Addendum have the meanings given in the Terms.

1. How CircHub Works. Circular Genomics performs research testing on samples submitted by you or other approved parties and provides you with result data files, which may include sample-specific count and metadata files (collectively, “CGI Results”). You may upload CGI Results to CircHub, which performs additional analysis and generates analyses, graphs, data visualizations, pathway information and reports (collectively, “CircHub Outputs”), which you may download.

2. Permitted Uploads; No Modification of CGI Results. You will upload to and analyze through CircHub only CGI Results provided to you directly by Circular Genomics. You will not upload or analyze through CircHub any other data, files or materials, including any externally generated, modified, reformatted or otherwise unauthorized data files and any data generated by you or any third party. You will not alter, edit, reformat, filter, combine, supplement or otherwise modify any CGI Results before uploading them. Any modification of CGI Results, or upload of materials other than CGI Results, may compromise the accuracy, validity and reliability of CircHub Outputs, and Circular Genomics shall not be responsible for the accuracy, reliability, validity or interpretation of, and has no liability for, any results or CircHub Outputs generated using files that have not been provided by Circular Genomics, including modified CGI Results.

3. Research Use Only. CGI RESULTS, CIRCHUB AND CIRCHUB OUTPUTS ARE FOR RESEARCH USE ONLY AND ARE NOT FOR USE IN DIAGNOSTIC PROCEDURES. They have not been reviewed, cleared or approved by the U.S. Food and Drug Administration or any other regulatory authority and have not been clinically validated. They are not intended to be, and must not be used as, a diagnosis, prognosis, screening result, treatment recommendation or other basis for any clinical, medical or patient-management decision, and must not be reported to patients, study participants or their healthcare providers as clinical or diagnostic findings. CircHub does not provide medical advice. Any interpretation of CGI Results or CircHub Outputs is solely the responsibility of you and your institution.

4. No Commercial Use. You may use CircHub, CGI Results, and CircHub Outputs solely for your internal, non-commercial research purposes. You will not sell, license, distribute or otherwise commercialize CircHub, CGI Results or CircHub Outputs, or use any of them to develop, validate or provide any commercial product or service, without the prior written consent of Circular Genomics.

5. Downloaded CircHub Outputs; No Changes; Publication and Attribution. All downloaded CircHub Outputs are for research use only and remain subject to this Addendum and the Terms. You will not modify CGI Results or CircHub Outputs or remove or obscure any research use only notice or other marking on them. You will not publish, present or publicly disclose any CGI Results or CircHub Outputs, in whole or in part, including in any journal, abstract, poster, presentation, website or other public forum, without the prior written consent of Circular Genomics. Any scientific publication, presentation or other publicly disseminated material consented to by Circular Genomics that incorporates CGI Results or CircHub Outputs must appropriately acknowledge Circular Genomics, including a reference to the Circular Genomics website or CircHub, as applicable, by including the following acknowledgment (or another acknowledgment approved in writing by Circular Genomics): “The results and analyses were generated using CircHub, provided by Circular Genomics, Inc. (www.circulargenomics.com).” Any publications, presentations, or other reports presenting analyses generated through CircHub should include the relevant statistical measures, including p-values and log₂ fold-change values, where applicable, to promote transparent and scientifically rigorous reporting of the findings.

6. Accounts. CircHub may be accessed only by authorized users under an account issued by Circular Genomics. You will not share your login credentials; you are responsible for all activity under your account, and you will promptly notify Circular Genomics of any unauthorized access to or use of your account.

7. Third-Party Services; Data Collection and Cookies. CircHub is hosted on and uses services provided by third parties, including Microsoft Corporation (including for user sign-in and authentication) and Google LLC (including for cloud hosting, Google Fonts, computing, storage and related infrastructure), and may use other third-party service providers from time to time (each, a “Third-Party Provider”). By accessing or using CircHub, you agree to be bound by the applicable terms of use and privacy policies of each Third-Party Provider, including the Microsoft Privacy Statement (https://www.microsoft.com/en-us/privacy/privacystatement), Google Fonts Privacy Notice (https://fonts.google.com/faq#privacy) and the Google Cloud Privacy Notice (https://cloud.google.com/terms/cloud-privacy-notice). You acknowledge that, in connection with your access to and use of CircHub, Circular Genomics and the Third-Party Providers may collect, use, store, retain and track information about you and your use of CircHub, including your name, email address, login and account information, IP address, device and browser information, records of your acceptance of this Addendum and the Terms, data files you upload, and other usage, log and technical data (including in system logs and backups), and may use cookies and similar technologies, as described in the Third-Party Providers’ privacy and cookie policies and in the Circular Genomics privacy policy. Circular Genomics is not responsible for any Third-Party Provider’s practices.

8. Disclaimer; Limitation of Liability. CircHub, CGI Results and CircHub Outputs are provided “as is” and “as available” and are subject to the “Disclaimer” and “Limitation of Liability” sections of the Terms. Circular Genomics makes no warranty as to the accuracy, completeness or reliability of any CircHub Outputs.

9. Questions. If you have any questions about CircHub, CGI Results or CircHub Outputs, please contact Circular Genomics at customerservices@circulargenomics.com.

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