Terms & Conditions of Use

§1 Acceptance of Terms

These Terms and Conditions of Use (“Terms”) govern your access to and use of all websites, web applications, mobile applications, application programming interfaces (APIs), software platforms, data services, community features, and any other products or services (collectively, the “Services”) owned, operated, or provided by Pham Holdings Inc., a corporation organized under the laws of the State of Washington, with its principal place of business located in Lacey, Thurston County, Washington (“Pham Holdings,” “Company,” “we,” “us,” or “our”).

By accessing, browsing, registering for, or otherwise using any of the Services, you (“User,” “you,” or “your”) expressly acknowledge that you have read, understood, and agree to be legally bound by these Terms, our Privacy Policy, and any additional guidelines, policies, or rules applicable to specific features of the Services, all of which are incorporated herein by reference.

Your continued use of any Service following notice of any modification to these Terms shall constitute your acceptance of the revised Terms. If you are accessing the Services on behalf of an organization, institution, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and the terms “you” and “your” shall refer to both you as an individual and such entity.

§2 Definitions

As used throughout these Terms, the following capitalized terms shall have the meanings set forth below:

• “Services” means all products and platforms operated by Pham Holdings, including but not limited to PhamBioscience.com, Herbalytics (herbalytics.phambioscience.com), and Growlytics (growlytics.phambioscience.com), together with all associated APIs, data feeds, mobile applications, and community features.
• “Herbalytics” means the web-based medicinal plant research platform operated by Pham Holdings that provides a plant library, compound analysis tools, clinical EMR functionality, research study management, formulation design tools, drug-herb interaction checker, and collaboration hub.
• “Growlytics” means the open plant-growth tracking and community intelligence platform operated by Pham Holdings that enables users to track plant growth data, share agricultural observations, connect with other growers, and receive AI-powered growing recommendations.
• “User-Generated Content” or “UGC” means any data, text, images, photographs, videos, growth logs, plant records, research notes, clinical entries, formulation records, forum posts, comments, ratings, messages, or other information submitted, uploaded, posted, or transmitted by you through or in connection with the Services.
• “Platform Data” means all aggregated, anonymized, or de-identified data derived from user activity across the Services that Pham Holdings may use for research, platform improvement, and scientific publication purposes.
• “Professional User” means a User who accesses Herbalytics in a licensed professional capacity, including but not limited to licensed herbalists, naturopathic physicians, integrative medicine practitioners, pharmacists, pharmacognosists, or credentialed researchers.
• “Clinical Features” means those features within Herbalytics designated for patient record management, consultation documentation, prescription tracking, and outcome monitoring.
• “Community Content” means UGC posted to any public-facing forum, community board, discussion thread, shared plant journal, or collaborative growing space within either Herbalytics or Growlytics.
• “Intellectual Property” means all patents, trademarks, service marks, trade names, copyrights, trade secrets, know-how, and all other intellectual and industrial property rights of any nature, whether registered or unregistered, anywhere in the world.
• “LOTUS Database” means the open-access natural products database of plant-organism pairs and phytochemical compound data integrated into Herbalytics.

§3 Description of Services

3.1 PhamBioscience.com

PhamBioscience.com is the primary informational and organizational website of Pham Holdings Inc., presenting the Company’s mission in advancing human health, agricultural food security, and environmental sustainability through bioscience research and community-powered technology. The website provides educational content, platform entry points, and corporate information. Content published on PhamBioscience.com is for general informational purposes only and does not constitute medical, agricultural, scientific, or professional advice of any kind.

3.2 Herbalytics

Herbalytics is a comprehensive medicinal plant and phytochemical research platform designed to serve researchers, licensed practitioners, pharmacognosists, and students. The platform provides access to:

• A medicinal plant library cataloguing thousands of plant species with taxonomic data, ethnobotanical records, and geographic distribution information drawn from the LOTUS natural products database and other integrated scientific references;
• Compound analysis tools including SMILES notation, molecular weight calculations, bioactivity scoring, and interactive three-dimensional molecular visualization powered by RDKit and 3Dmol;
• A research study management system for designing, tracking, and documenting phytochemical research pipelines;
• Clinical Electronic Medical Record (EMR) features for licensed healthcare practitioners to document patient consultations, herbal prescriptions, and clinical outcomes;
• A formulation design laboratory for creating and analyzing evidence-based herbal formulations;
• A drug-herb interaction checker referencing documented herb-drug interaction data; and
• A collaboration hub for research teams, institutions, and individual practitioners.

3.3 Growlytics

Growlytics is an open plant-growth tracking, data-logging, and community intelligence platform designed to serve home gardeners, farmers, agricultural researchers, and citizen scientists. The platform provides:

• Plant profile creation and management for tracking species, planting dates, locations, and growing conditions;
• Growth data logging tools for recording measurements, health scores, environmental data, and photographic records;
• Community features enabling users to share growth logs, compare yield results, and collaborate on growing techniques;
• AI-assisted recommendations for watering, fertilization, harvest timing, and crop optimization based on aggregated community data;
• Regional growing intelligence derived from community-contributed data filtered by climate zone, soil type, and crop variety; and
• Research-grade data contribution mechanisms that anonymously feed Pham Holdings’ agricultural and bioscience research initiatives.

3.4 Service Availability

Pham Holdings reserves the right to modify, suspend, discontinue, or restrict access to all or any part of the Services at any time, with or without notice, and without liability to you or any third party. We do not warrant that the Services will be available at all times or that they will be free of interruption, errors, or defects.

§4 Eligibility & Account Registration

4.1 Minimum Age

The Services are intended for users who are at least eighteen (18) years of age. By using the Services, you represent and warrant that you are at least 18 years old and have the full legal capacity to enter into a binding contract. If you are under 18, you are not permitted to use the Services without the express consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

4.2 Account Registration

Certain features of the Services require you to create an account. When registering, you agree to provide accurate, current, and complete information and to promptly update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You agree to notify Pham Holdings immediately at info@phambioscience.com of any unauthorized use of your account or any other security breach. Pham Holdings shall not be liable for any loss or damage arising from your failure to maintain the confidentiality of your credentials.

4.3 Professional Credentials

Users who access Clinical Features within Herbalytics represent and warrant that they hold all licenses, credentials, and authorizations required by applicable federal, state, and local law to practice in the healthcare or research capacity for which they are using such features. Pham Holdings does not verify professional credentials and bears no responsibility for the clinical decisions, prescriptions, recommendations, or patient outcomes of Professional Users.

4.4 One Account Per User

Each individual may maintain only one registered account unless otherwise expressly authorized by Pham Holdings in writing. Accounts may not be transferred, sold, assigned, or shared without prior written consent from Pham Holdings.

4.5 Account Termination by User

You may request deletion of your account at any time by contacting info@phambioscience.com. Upon account deletion, your personal profile information will be removed in accordance with our Privacy Policy; however, UGC you have previously submitted to public community areas, anonymized research data contributions, and any content that has been incorporated into aggregated platform datasets may be retained as further described in Sections 9 and 11 of these Terms.

§5 Herbal Medicine & Health Information Disclaimer

5.1 Not Medical Advice

Pham Holdings is a bioscience research and technology company, not a licensed medical provider, pharmacy, or clinical institution. The plant profiles, compound data, bioactivity information, traditional use records, interaction data, formulation suggestions, and all other health-related content accessible through the Services are provided as informational and educational resources only. Such content does not establish a practitioner-patient relationship between Pham Holdings and any User.

5.2 Nature of Herbal Medicine Information

Herbal medicine involves the use of botanical plants, plant-derived compounds, fungi, algae, and other natural organisms for therapeutic purposes. Information about medicinal plants provided through Herbalytics is drawn from scientific literature, ethnobotanical databases, traditional medicine records, and community-contributed research. You acknowledge and agree that:

• Traditional use records do not constitute clinical evidence of safety or efficacy and should not be treated as equivalent to peer-reviewed clinical trial data;
• Herbal preparations, botanical supplements, and plant-derived compounds may interact with pharmaceutical drugs, medical devices, existing health conditions, or other botanical preparations in ways that may be serious, unpredictable, or not yet fully documented in scientific literature;
• Individual responses to herbal and botanical preparations vary significantly based on genetics, health status, age, body weight, concurrent medications, and other factors that cannot be assessed through the Services;
• Dosage information provided within Herbalytics is derived from published literature and historical records and does not account for individual clinical variables;
• The quality, purity, potency, and safety of herbal preparations vary significantly by source, preparation method, and jurisdiction of sale and are beyond the control of Pham Holdings; and
• Some plants catalogued within Herbalytics may be toxic, restricted, controlled, or prohibited in certain jurisdictions. It is your responsibility to verify legality and regulatory status before use, cultivation, or distribution of any botanical substance.

5.3 Drug-Herb Interaction Checker Limitations

The Drug and Herb Interaction Checker feature within Herbalytics is provided as a reference screening tool only. The interaction database references published scientific literature and is subject to the following limitations:

• The database may not contain all known or suspected interactions, including newly reported or emerging interactions;
• Absence of a listed interaction does not guarantee safety of concurrent use;
• Interaction severity ratings are based on available literature and may not reflect all clinical scenarios;
• The Interaction Checker does not account for individual patient variables including renal function, hepatic function, genetic polymorphisms, or polypharmacy;
• Results of interaction queries are not a substitute for consultation with a qualified clinical pharmacist, pharmacognosist, or licensed prescribing practitioner.

Pham Holdings expressly disclaims all liability for clinical outcomes, adverse events, patient harm, or any other consequences arising from reliance on the Drug and Herb Interaction Checker or any other health-related information within Herbalytics.

5.4 Emergency Situations

The Services are not designed or intended for use in medical emergencies. If you or any other person is experiencing a medical emergency, poisoning, adverse reaction, or life-threatening condition, immediately call 911 or your local emergency services number and seek qualified emergency medical care. Do not rely on Herbalytics or any other Pham Holdings Service in an emergency situation.

§6 Herbalytics — Platform-Specific Terms

6.1 Research & Educational Purpose

Herbalytics is designed as a research, documentation, and educational tool for practitioners and researchers working in the field of phytomedicine, pharmacognosy, ethnobotany, herbal therapeutics, and related disciplines. Users agree to use the platform consistent with its educational and research purpose and in compliance with all applicable professional standards and legal requirements.

6.2 Clinical EMR Features

The Clinical Electronic Medical Record features within Herbalytics are provided as documentation tools only. You acknowledge and agree that:

• Herbalytics is not a certified or regulated electronic health record (EHR) system under the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health (HITECH) Act, or equivalent state or federal regulations unless Pham Holdings has entered into a specific Business Associate Agreement (BAA) with your organization;
• You are solely responsible for ensuring that your use of Herbalytics’ Clinical Features complies with all applicable healthcare privacy laws, professional licensing regulations, and scope-of-practice requirements in your jurisdiction;
• Pham Holdings is not a covered entity or business associate as defined by HIPAA, and you assume full responsibility for any protected health information (PHI) you enter into the platform unless a separate written BAA is in effect;
• All clinical decisions, diagnoses, prescriptions, treatment protocols, and patient communications remain your sole professional responsibility; and
• You are responsible for maintaining independent and secure backups of all patient records. Pham Holdings does not guarantee perpetual availability of stored clinical data and shall not be liable for data loss.

6.3 Formulation Lab

The Formulation Lab feature enables users to design, document, and analyze herbal formulations. Formulations generated or described within Herbalytics are for research, documentation, and educational reference only. They do not constitute approved pharmaceutical products, registered dietary supplements, or licensed medicines. Users are solely responsible for ensuring that any formulation they develop, compound, prescribe, or distribute complies with all applicable laws including but not limited to federal Food, Drug, and Cosmetic Act requirements, state pharmacy practice regulations, and applicable Good Manufacturing Practice (GMP) standards. Pham Holdings shall bear no liability for adverse events, regulatory non-compliance, patient harm, or any other outcome arising from the use of any formulation documented within the platform.

6.4 Compound & SMILES Data

Molecular compound data, SMILES notation, structural visualizations, bioactivity scores, and pharmacological data accessible through Herbalytics are derived from open-access scientific databases, peer-reviewed literature, and community-contributed research. This data is provided for scientific reference only and should be independently verified before use in any clinical, commercial, or regulatory context. Pham Holdings does not warrant the accuracy, completeness, currency, or fitness for purpose of any compound data.

6.5 LOTUS Database Integration

Herbalytics integrates data from the LOTUS natural products database, which is an open-access, community-contributed scientific resource. Pham Holdings does not own, control, or independently verify all LOTUS data. Use of LOTUS-sourced content is subject to its applicable open data license terms. Pham Holdings makes no warranties regarding the accuracy or completeness of LOTUS-derived information.

6.6 Collaboration Features

Herbalytics includes collaboration tools enabling users to share research projects, datasets, and discussion threads with other users. When you share content through collaboration features, you grant other authorized users the right to view and use that content within the platform. You are responsible for ensuring you have appropriate rights to share any content and that sharing does not violate any confidentiality obligations, patient privacy requirements, intellectual property rights, or applicable law.

§7 Growlytics — Platform-Specific Terms

7.1 Agricultural & Horticultural Information Disclaimer

Information, recommendations, AI-generated suggestions, community-contributed growing techniques, yield comparisons, and agronomic guidance provided through Growlytics are for general educational and informational purposes only. Agricultural outcomes are subject to innumerable variables beyond the control of Pham Holdings, including soil composition, climate, pest and disease pressure, water quality, seed genetics, and farming practices. Pham Holdings does not warrant that following any recommendation, technique, or suggestion available through Growlytics will result in any particular crop yield, plant health outcome, or agricultural performance. You assume all risk associated with your growing activities.

7.2 Community Data Contributions

Growlytics operates in part as a community-powered data platform. When you submit plant profiles, growth logs, environmental data, yield records, photographs, or other observational data, you understand and agree that:

• Anonymized and aggregated versions of your contributed data may be used by Pham Holdings to improve platform algorithms, generate community benchmarks, and contribute to open agricultural research;
• Your contributions are made voluntarily and you retain ownership of your original data subject to the license grant described in Section 9;
• Community benchmark data is generated from diverse user contributions and represents statistical aggregations, not controlled scientific experiments. Results may not be applicable to your specific growing environment; and
• Pham Holdings is not responsible for errors or inaccuracies in community-contributed data submitted by other users.

7.3 AI-Powered Recommendations

Growlytics uses machine learning models trained on community-contributed growing data to generate personalized planting, care, and harvest recommendations. You acknowledge that:

• AI recommendations are generated based on patterns in community data and are not individually tailored agronomic advice from a certified professional;
• AI recommendations may be inaccurate, incomplete, or not applicable to your specific conditions;
• Pham Holdings does not guarantee the accuracy or performance outcomes of any AI-generated recommendation; and
• You are solely responsible for all decisions regarding your agricultural or horticultural practices, including watering, fertilization, pest management, and harvest timing.

7.4 Location Data

Growlytics may request or utilize location data (climate zone, region, or geographic coordinates) to provide localized growing insights. You consent to providing such information voluntarily and acknowledge that location data may be used in aggregated form to generate regional growing intelligence. We handle location information in accordance with our Privacy Policy.

7.5 Cultivation Compliance

You are solely responsible for ensuring that all plants you cultivate, track, or describe within Growlytics are legal to grow in your jurisdiction. Pham Holdings expressly disclaims any responsibility for any plant cultivation activities that violate applicable federal, state, local, or international law. Pham Holdings reserves the right to remove any content that appears to document or encourage the cultivation of controlled, restricted, or prohibited plant species.

§8 Community Standards & Code of Conduct

8.1 Respectful Community Environment

Pham Holdings fosters an inclusive, respectful, science-informed community across both Herbalytics and Growlytics. All users are expected to engage with fellow community members in a professional and constructive manner. The community exists to advance the collective understanding of medicinal botany, phytochemistry, plant science, and sustainable agriculture.

8.2 Standards of Community Engagement

When participating in any community features, discussions, forums, or collaboration tools within the Services, you agree to:

• Share information honestly and to the best of your knowledge, clearly distinguishing between personal experience, traditional knowledge, and peer-reviewed evidence;
• Cite sources or provide supporting references when sharing scientific claims, dosage information, or clinical observations;
• Respect the privacy of patients, research subjects, and other individuals whose information may be referenced in community discussions;
• Engage constructively with differing perspectives, recognizing that herbal medicine and plant science encompass diverse traditional, empirical, and evidence-based viewpoints;
• Abstain from making diagnoses, prescriptions, or specific medical recommendations for other community members or third parties within community forums; and
• Promptly report content that appears to violate these Terms by using available reporting mechanisms or contacting info@phambioscience.com.

8.3 Prohibited Community Conduct

The following conduct is strictly prohibited within all community and collaborative features of the Services:

• Harassing, threatening, defaming, bullying, or otherwise engaging in hostile or discriminatory conduct toward any person;
• Posting false, misleading, deceptive, or fraudulent health claims about any plant, compound, formulation, or therapeutic protocol;
• Offering specific medical, clinical, or prescriptive advice to individual community members in a public forum setting without the appropriate professional disclaimer and context;
• Sharing information that promotes or facilitates the illegal cultivation, harvesting, trafficking, or use of controlled substances or restricted botanical materials;
• Sharing confidential patient information, protected health information, or personally identifiable medical data of any individual without their explicit written consent;
• Uploading, transmitting, or distributing spam, commercial solicitations, or unauthorized promotional material;
• Impersonating any person, organization, credentialing body, or Pham Holdings representative;
• Introducing malware, viruses, or other harmful code through any submission mechanism; and
• Engaging in any conduct that disrupts the integrity, security, or performance of the Services.

Pham Holdings reserves the right, but assumes no obligation, to monitor community content and to remove, disable, or take action regarding any content that violates these standards or that Pham Holdings determines, in its sole discretion, to be harmful, inappropriate, or contrary to the purpose of the Services.

§9 User-Generated Content

9.1 Ownership of UGC

Subject to the license grants described in this Section, you retain ownership of any original intellectual property rights in User-Generated Content that you submit to the Services. By submitting UGC, you represent and warrant that: (a) you own or have all necessary rights to submit the content; (b) the content does not violate the intellectual property rights, privacy rights, or other rights of any third party; (c) the content does not violate any applicable law or regulation; and (d) the content does not contain any information that is confidential, subject to a non-disclosure obligation, or otherwise protected from disclosure.

9.2 License Grant to Pham Holdings

By submitting, uploading, posting, or otherwise making UGC available through the Services, you hereby grant Pham Holdings a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such UGC in whole or in part, in any media or format now known or hereafter developed, for any purpose related to the operation, improvement, research, promotion, and development of the Services, including but not limited to:

• Training and improving machine learning models and AI algorithms used within the Services;
• Generating aggregated, anonymized, or de-identified Platform Data for scientific research and publication;
• Creating community benchmarks, regional growing insights, and medicinal plant intelligence reports;
• Improving platform features and user experience; and
• Promoting the Services through marketing and communications materials using anonymized or non-identifiable content.

9.3 No Obligation to Use UGC

Pham Holdings is under no obligation to use, display, maintain, or archive any UGC you submit. We reserve the right to remove, edit, or refuse any UGC for any reason without notice.

9.4 UGC Responsibility

You are solely and exclusively responsible for all UGC you submit. Pham Holdings does not endorse, verify, validate, or assume any responsibility for UGC posted by any user. You understand and agree that:

• Pham Holdings acts as a passive conduit for UGC and is not liable for the accuracy, legality, safety, or appropriateness of any UGC submitted by you or any other user;
• Other users’ UGC may be inaccurate, outdated, incomplete, misleading, or inconsistent with peer-reviewed science, and you assume all risk in relying upon it;
• Pham Holdings does not represent or warrant that UGC, including community-contributed plant data, growth records, compound notes, interaction information, or formulation entries, is accurate, complete, current, or safe for any purpose; and
• You shall indemnify and hold harmless Pham Holdings from any claims, damages, or liabilities arising from your UGC, as further described in Section 17.

9.5 Feedback

Any feedback, suggestions, ideas, or recommendations you provide to Pham Holdings regarding the Services (“Feedback”) shall be treated as non-confidential and non-proprietary. You grant Pham Holdings a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate such Feedback into the Services without any obligation of compensation, attribution, or accounting to you.

§10 Intellectual Property Rights

10.1 Pham Holdings Intellectual Property

All content, software, technology, algorithms, visual interfaces, graphics, design elements, logos, trademarks, service marks, trade names, databases, compilation structures, editorial content, and other materials provided by or through the Services (“Pham Holdings Content”), excluding UGC, are the exclusive property of Pham Holdings Inc. or its licensors and are protected by United States and international copyright, trademark, trade secret, patent, and other intellectual property laws.

10.2 Limited License to Users

Subject to your compliance with these Terms, Pham Holdings grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and Pham Holdings Content solely for your personal, educational, or internal professional purposes. This license does not include the right to:

• Copy, reproduce, distribute, republish, or create derivative works of Pham Holdings Content without express written permission;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any software component of the Services;
• Scrape, data-mine, or systematically extract data from the Services through automated means without prior written authorization from Pham Holdings;
• Use the Services or any Pham Holdings Content to develop a competing product or service; or
• Remove, obscure, or alter any copyright, trademark, or other proprietary notice on or within the Services.

10.3 Trademarks

“Pham Holdings,” “Pham Bioscience,” “Herbalytics,” “Growlytics,” and all associated logos, taglines, and platform names are trademarks or service marks of Pham Holdings Inc. Unauthorized use of these marks is strictly prohibited.

10.4 DMCA Notice

If you believe that your copyrighted work has been reproduced on or through the Services in a manner that constitutes copyright infringement, please submit a written notice to info@phambioscience.com including: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the infringing material with sufficient detail to locate it; (c) your contact information; (d) a statement that you have a good faith belief that the use is unauthorized; (e) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner; and (f) your physical or electronic signature. Pham Holdings will process valid DMCA notices in accordance with applicable law.

§11 Research Data & Scientific Use

11.1 Anonymized Platform Data

Pham Holdings may use aggregated, anonymized, and de-identified Platform Data derived from user activity across Herbalytics and Growlytics for scientific research, publication, platform improvement, and the advancement of plant science, phytomedicine, and sustainable agriculture. You consent to this use of de-identified data as a condition of using the Services. Such data does not identify you as an individual and is subject to appropriate privacy-preserving measures as described in our Privacy Policy.

11.2 Open Science Mission

Pham Holdings is committed to contributing to the global open science community. Aggregated research outputs derived from Platform Data may be published in scientific journals, presented at conferences, shared with research institutions, or made available through open data repositories. Individual user data will not be disclosed in any publication without your prior written consent.

11.3 No Compensation for Contributed Data

You acknowledge and agree that you will not receive financial compensation, royalties, or other remuneration for data you contribute to the Services, including growth logs, plant records, research notes, or any other UGC, even if such data contributes to commercially valuable Platform Data, AI model improvements, or published research outputs. Your contributions are made voluntarily as part of the community-powered science mission of Pham Holdings.

11.4 Data Integrity

You agree not to knowingly submit false, fabricated, inaccurate, or misleading data to any feature of the Services. Submission of knowingly false scientific data, including falsified growth records, fabricated research study results, or inaccurate plant identification, constitutes a material breach of these Terms and may result in account termination and, where applicable, referral to relevant professional or regulatory authorities.

§12 Privacy & Data Use

Your use of the Services is subject to Pham Holdings’ Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy. You are encouraged to review the Privacy Policy carefully before using the Services.

With respect to any personal information of third parties (including patients or research subjects) that you may enter into Herbalytics or any other Service, you represent and warrant that: (a) you have obtained all necessary consents, authorizations, and legal permissions to disclose such information to Pham Holdings; (b) your use of such information complies with all applicable privacy laws; and (c) you will not hold Pham Holdings liable for any claim by a third party arising from your disclosure of their information through the Services.

§13 Third-Party Services & Integrations

13.1 Third-Party Integrations

The Services integrate certain third-party software, libraries, databases, and tools, including but not limited to RDKit for cheminformatics, 3Dmol for molecular visualization, D3 for data visualization, the LOTUS natural products database, and third-party analytics and infrastructure providers. These third-party components are subject to their own respective licenses and terms of use. Pham Holdings does not warrant the accuracy, performance, availability, or security of any third-party component and is not liable for any failure, error, or damages arising from third-party integrations.

13.2 Third-Party Links

The Services may contain hyperlinks to third-party websites, resources, or services. Such links are provided for informational convenience only and do not constitute an endorsement, sponsorship, or affiliation with the linked content. Pham Holdings is not responsible for the content, accuracy, privacy practices, or availability of third-party websites and assumes no liability for any loss or damage arising from your use of linked resources.

13.3 Third-Party Payment Processors

Transactions involving fees for premium features or services may be processed by third-party payment processors. Pham Holdings does not store or handle credit card or banking information directly. Your use of third-party payment services is subject to those services’ own terms and privacy policies.

§14 Prohibited Uses

You agree that you will not use the Services to:

• Violate any applicable local, state, federal, or international law, regulation, ordinance, or treaty;
• Promote, facilitate, or engage in the illegal sale, distribution, trafficking, or manufacture of controlled substances, prohibited plants, or restricted botanical materials;
• Submit or distribute false, fraudulent, misleading, or deceptive health or agricultural information;
• Infringe the intellectual property rights, privacy rights, or other rights of any person or entity;
• Harvest, scrape, or systematically collect data from the Services through automated means, bots, spiders, or crawlers without prior written authorization from Pham Holdings;
• Circumvent, disable, or interfere with security features, access controls, or technical restrictions of the Services;
• Attempt to gain unauthorized access to any account, system, database, or network component of the Services;
• Introduce any malicious software, virus, Trojan horse, worm, time bomb, or other harmful code into the Services;
• Use the Services to send unsolicited communications, spam, or chain messages;
• Exploit the Services for commercial purposes without Pham Holdings’ written authorization, including reselling access, creating competing services, or misappropriating platform data;
• Engage in any activity that places a disproportionate or unreasonable burden on the infrastructure of the Services; or
• Use the Services in any manner that Pham Holdings determines, in its sole discretion, to be harmful, offensive, or contrary to the spirit of the Services.

§15 Disclaimer of Warranties

Without limiting the foregoing, Pham Holdings makes no warranty or representation that:

• The Services will meet your requirements or be suitable for any particular purpose;
• The Services will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components;
• Any information, content, data, or UGC obtained through the Services is accurate, complete, reliable, current, or safe;
• Any plant identification, compound analysis, interaction screening, formulation suggestion, or growing recommendation will produce any specific result;
• Any defects or errors in the Services will be corrected;
• Data you store within the Services will be preserved indefinitely or will not be lost; or
• Any information provided through Herbalytics or Growlytics is suitable for clinical, commercial, regulatory, or professional reliance without independent expert verification.

Some jurisdictions do not allow the exclusion of implied warranties; accordingly, some of the above exclusions may not apply to you. To the extent any warranty cannot be disclaimed under applicable law, the duration and scope of such warranty shall be the minimum permitted by law.

§16 Limitation of Liability

• Loss of revenue, profits, business, goodwill, data, or anticipated savings;
• Personal injury, bodily harm, death, or adverse health outcomes arising from reliance on any herbal medicine information, compound data, interaction results, formulation suggestions, or clinical documentation features;
• Crop failure, agricultural loss, reduced yield, plant death, or any other agricultural or horticultural outcome arising from reliance on any growing recommendation, community data, or AI suggestion;
• Damages arising from unauthorized access to or alteration of your transmissions or data, including patient records or clinical documentation;
• Damages arising from statements or conduct of any third party or other user of the Services, including UGC or community-contributed content;
• Damages arising from your reliance on any information, recommendation, or output generated by AI or machine learning features within the Services;
• Damages arising from the use, attempted use, or inability to use the Services;
• Damages arising from any interruption, suspension, or termination of the Services;
• Damages arising from any security breach, hacking, data loss, or unauthorized disclosure of your data; or
• Any other indirect, incidental, or consequential damages of any nature.

WHETHER OR NOT PHAM HOLDINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), PHAM HOLDINGS’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO PHAM HOLDINGS FOR USE OF THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

16.1 Essential Basis of the Bargain

The parties acknowledge that the limitations of liability set forth in this Section reflect a reasonable and fair allocation of risk between the parties and form an essential basis of the bargain between them. Pham Holdings would not provide the Services without these limitations.

16.2 User-Posted Information

PHAM HOLDINGS EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO USER-GENERATED CONTENT POSTED BY ANY USER OF THE SERVICES. Pham Holdings is not the publisher or speaker of UGC and shall have no liability for any UGC under Section 230 of the Communications Decency Act, 47 U.S.C. § 230, and all analogous state and federal provisions. You agree that Pham Holdings has no obligation to pre-screen, monitor, review, or remove UGC, and any action Pham Holdings takes or does not take with respect to UGC shall not give rise to any liability.

16.3 Health & Agricultural Outcomes

PHAM HOLDINGS SHALL BEAR ABSOLUTELY NO LIABILITY FOR ANY HEALTH OUTCOMES, ADVERSE EVENTS, CLINICAL COMPLICATIONS, PATIENT HARM, OR MEDICAL MALPRACTICE CLAIMS ARISING FROM ANY USE OF HERBALYTICS OR ANY OTHER SERVICE, INCLUDING THE DRUG-HERB INTERACTION CHECKER, FORMULATION LAB, CLINICAL EMR, COMPOUND DATA, OR ANY OTHER FEATURE. ALL CLINICAL AND THERAPEUTIC DECISIONS ARE THE SOLE PROFESSIONAL RESPONSIBILITY OF THE LICENSED PRACTITIONER WHO MAKES THEM. SIMILARLY, PHAM HOLDINGS BEARS NO LIABILITY FOR ANY AGRICULTURAL, HORTICULTURAL, OR ENVIRONMENTAL OUTCOMES ARISING FROM RELIANCE ON GROWLYTICS.

§17 Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Pham Holdings Inc. and its parent company, subsidiaries, affiliates, officers, directors, shareholders, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, “Indemnified Parties”) from and against any and all claims, actions, proceedings, demands, damages, losses, liabilities, judgments, fines, penalties, settlements, interest, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

• Your access to or use of the Services, including any activity conducted under your account;
• Any UGC you submit, post, transmit, or make available through the Services;
• Your violation of these Terms or any representation, warranty, or covenant you have made herein;
• Your violation of any applicable law, regulation, ordinance, or the rights of any third party, including intellectual property rights, privacy rights, or rights of publicity;
• Any clinical decisions, patient care choices, herbal prescriptions, formulation recommendations, or medical judgments you make using or in reliance upon the Services;
• Any agricultural, horticultural, or cultivation activities you undertake based on information or recommendations from Growlytics;
• Any unauthorized disclosure of patient or third-party personal information through your use of the Services;
• Your breach of any professional obligation, licensing requirement, or regulatory standard applicable to your use of the Services; or
• Any claim by a third party that your UGC infringes their intellectual property, privacy, or other rights.

Pham Holdings reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with Pham Holdings in the defense of any such matter and shall not settle any such matter without the prior written consent of Pham Holdings.

§18 Governing Law & Dispute Resolution

18.1 Governing Law

These Terms and any dispute, controversy, claim, or proceeding arising out of or relating to these Terms, the Services, or your relationship with Pham Holdings shall be governed by and construed in accordance with the laws of the State of Washington, United States of America, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

18.2 Jurisdiction & Venue

Any legal action, suit, or proceeding arising out of or relating to these Terms or the Services that is not subject to mandatory arbitration under Section 18.3 shall be brought exclusively in the state or federal courts located in Thurston County, Washington State. You hereby irrevocably consent to the personal jurisdiction and exclusive venue of such courts and waive any objection based on improper venue, inconvenient forum, or lack of personal jurisdiction.

18.3 Binding Arbitration

Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Services shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable, and the arbitration shall be conducted in Thurston County, Washington, or via remote means as agreed. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

18.4 Exceptions to Arbitration

The following disputes are not subject to mandatory arbitration and may be brought in courts of competent jurisdiction: (a) claims seeking injunctive or other equitable relief for alleged infringement or misappropriation of intellectual property rights; (b) claims within the jurisdictional limit of a small claims court in Thurston County, Washington; and (c) claims where applicable law prohibits mandatory arbitration.

18.5 Class Action Waiver

YOU AND PHAM HOLDINGS AGREE THAT EACH 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, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. Unless both you and Pham Holdings agree otherwise in writing, no arbitrator or court may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

18.6 Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

§19 Termination & Suspension

19.1 Termination by Pham Holdings

Pham Holdings reserves the right, in its sole discretion and without prior notice or liability, to suspend, restrict, or terminate your access to all or any part of the Services at any time for any reason, including but not limited to:

• Violation of these Terms or any applicable policy;
• Submission of false, misleading, or harmful UGC;
• Conduct that is abusive, disruptive, or harmful to other users, the Services, or Pham Holdings;
• Fraudulent, deceptive, or illegal activity;
• Non-payment of any applicable fees;
• Extended periods of account inactivity; or
• Upon the discontinuation of any Service by Pham Holdings.

19.2 Effect of Termination

Upon termination of your account or access, your right to use the Services immediately ceases. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 5, 9, 10, 11, 15, 16, 17, 18, and 21. Pham Holdings shall not be liable to you or any third party for any termination of your access to the Services.

19.3 Data Upon Termination

Following account termination, Pham Holdings may delete your personal profile and non-public account data in accordance with its Privacy Policy. UGC previously submitted to public community spaces, anonymized data contributions integrated into Platform Data, and content incorporated into aggregated research datasets may be retained by Pham Holdings as described in Section 9.

§20 Modifications to Terms

Pham Holdings reserves the right to modify, update, or replace these Terms at any time in its sole discretion. When we make material changes, we will provide notice by: (a) posting a revised version of the Terms on the applicable Service with an updated effective date; (b) sending an email notification to the address associated with your account; or (c) displaying a prominent in-platform notice. Your continued use of the Services after the effective date of any modification constitutes your binding acceptance of the revised Terms. If you do not agree to any modification, you must cease using the Services and may request account deletion pursuant to Section 4.5.

§21 Miscellaneous Provisions

21.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional policies or guidelines incorporated herein, constitute the entire agreement between you and Pham Holdings with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations, representations, and warranties, whether written or oral, relating to such subject matter.

21.2 Severability

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

21.3 Waiver

No failure or delay by Pham Holdings in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise of such right or the exercise of any other right. No waiver by Pham Holdings shall be effective unless made in writing and signed by an authorized representative of Pham Holdings.

21.4 Assignment

You may not assign, transfer, sublicense, or delegate any of your rights or obligations under these Terms without the prior written consent of Pham Holdings. Pham Holdings may freely assign, transfer, or delegate its rights and obligations under these Terms, including in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its assets. These Terms shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, legal representatives, successors, and permitted assigns.

21.5 Force Majeure

Pham Holdings shall not be liable for any failure or delay in performance under these Terms to the extent such failure or delay results from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions or regulations, power or internet outages, acts of terrorism, civil unrest, or third-party service failures.

21.6 Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, franchise, employment, or fiduciary relationship between you and Pham Holdings. You have no authority to bind Pham Holdings to any obligation.

21.7 Notices

All notices, demands, or other communications required or permitted under these Terms shall be in writing and shall be directed to Pham Holdings at the contact information set forth in Section 22. Pham Holdings may provide notices to you via email to the address on file for your account or through in-Service notifications.

21.8 Accessibility

Pham Holdings is committed to making its Services accessible to users with disabilities. If you encounter any accessibility barrier, please contact us at info@phambioscience.com and we will endeavor to assist you.

21.9 No Third-Party Beneficiaries

These Terms are for the sole and exclusive benefit of the parties hereto and nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

21.10 Headings

Section headings used in these Terms are for convenience of reference only and shall not affect the interpretation or construction of any provision.

21.11 Compliance with Laws

You agree to use the Services in compliance with all applicable laws, regulations, and ordinances in your jurisdiction, including those governing the practice of medicine, pharmacy, herbalism, and agricultural science, as well as laws governing digital communications, data privacy, and intellectual property.

§22 Contact & Notices

Questions, legal notices, feedback, or requests regarding these Terms should be directed to Pham Holdings Inc. using the following contact information: