Terms of Use

Last Modified: July 17, 2025

1. Introduction. Thank you for considering the donation of your hair sample(s) for research purposes. These Terms of Use outline the rights, responsibilities, and expectations for both you as a user of our Website and, if applicable, donor of sample(s) (“you” or “your”) and Element Biosciences, LLC ("Element Biosciences," "we," or "us") regarding the collection, use, storage, and potential outcomes related to your donated hair sample(s) as well as outlining your access to and use of the website https://www.strandsforcancer.com/ provided by Element Biosciences (the "Website").

2. Acceptance of the Terms of Use. PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU USE THE WEBSITE, INCLUDING FILLING OUT OUR QUALIFICATION QUESTIONNAIRE. BY USING THE WEBSITE, FILLING OUT OUR QUALIFICATION QUESTIONNAIRE OR OTHERWISE AGREEING TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT https://strandsforcancer.com/privacy-policy/, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

THE WEBSITE AND PARTICIPATION IN THE STUDY THROUGH YOUR DONATION OF HAIR SAMPLE(S) IS AVAILABLE ONLY TO USERS WHO ARE 18 YEARS OF AGE OR OLDER. BY USING THIS WEBSITE AND FILLING OUT OUR QUALIFICATION QUESTIONNAIRE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH ELEMENT BIOSCIENCES. IF YOU DO NOT MEET THIS REQUIREMENT, YOU MUST NOT ACCESS OR USE THE WEBSITE. All users who are under the age of 18 are not permitted to use the Website or to fill out any questionnaire on the Website.

3. Purpose of Donation. Your hair sample(s) will be used in a research study to investigate how differences in metabolic rate of elements (carbon, nitrogen, oxygen, etc.) can be used to better understand cancer and potentially used as a non-invasive way to detect cancer in patients (“Study”). The primary goal is to better understand how cancerous tissues metabolize elements at different rates than non-cancerous tissues. There is the potential that this information can be used to create better tests for identifying cancer and better treatments for cancer.

4. Voluntary Participation and Withdrawal. Your participation in the Study is entirely voluntary. You may withdraw your consent and request destruction of your unused sample(s) and associated personal information at any time by contacting us. If your sample(s) and data have already been anonymized or used in research in a way that makes retrieval or destruction impossible, withdrawal will not be possible. We will process withdrawal requests within five (5) business days. Data or results already generated from your sample prior to withdrawal may be retained and used in accordance with the Study protocol and legal requirement. Withdrawal will not affect your relationship with the Element Biosciences or these Terms of Use.

5. Communications. To participate in the Study, you will need to fill out an eligibility questionnaire on the Website and if selected, you will have to complete and accept an Informed Consent Form (“Consent”) confirming that you have read and understand the information in the Consent and that you voluntarily agree to participate in the Study until you decide otherwise. By filling out an eligibility questionnaire on the Website, you (i) agree to provide complete, accurate and current personal and background information as requested; (ii) consent to receive electronic communications from Element Biosciences, including through email or by posting notices to the Website. These communications may include notices about your eligibility for the Study and sending you the Consent. You agree that any notices, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of all electronic communications you receive from us.

6. Collection and Handling of Samples. If you are selected to participate, we will send you a collection kit to self-collect the hair specimen and return it in the provided postage- paid return envelope. To be able to mail you the collection kit, we will initially need to obtain your name and mailing address to prepare the collection kit for shipment. Your name and mailing address will not be added to our Study database. Anonymized or de- identified samples and data may be shared with research partners, regulatory agencies, or third-party service providers for research purposes. All recipients are required to use the data only for approved research and to maintain its confidentiality. No personal identifiers or code keys will be shared with third parties.

7. Anonymization and De-identification. Element Biosciences will take steps to anonymize your sample(s) and associated data. Upon receipt of your hair sample(s), all personal identifiers will be removed and replaced with a unique code. The link between your identity and the code will be securely stored and accessible only to authorized personnel for as long as necessary to fulfill the research objectives. Once your sample(s) and data are fully anonymized, it will not be possible to re-identify you or withdraw your sample(s) from the study.

8. Use of Samples and Data. Your sample(s) will be used for the Study. Samples and associated data may be shared with other researchers, or commercial partners, in accordance with applicable laws and ethical guidelines. The Study may result in scientific publications, presentations, or the development of new products, tests, or therapies.

9. License. Subject to all of the terms and conditions herein, Element Biosciences hereby grants you a limited, non-transferable, revocable, terminable, non-exclusive license, without the right to sublicense, to access and use the Website for your personal purposes and to participate in the Study. The term of your license shall end upon your or Element Biosciences’ termination of the agreement represented by these Terms of Use.

10. Accessing the Website. We reserve the right to withdraw or amend this Website or other materials we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

11. Ownership and Intellectual Property. Upon donation of your sample(s), you relinquish ownership of the sample(s) and any data derived from them to Element Biosciences and you acknowledge and agree that Element Biosciences will own all rights, including intellectual property rights, to discoveries, inventions, or products resulting from the Study and research using your sample(s). You will not have any claim to compensation, royalties, or benefit sharing from any discoveries, inventions, or products developed using your sample(s). The Website and its entire contents, features, and functionality are owned by Element Biosciences, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

12. Confidentiality and Privacy. Element Biosciences will take reasonable steps to protect your privacy and maintain the confidentiality of your personal information. Only authorized personnel will have access to information that could identify you, and only as necessary for research or regulatory purposes. Results of research using your sample(s) will not be linked to your identity in any publications or public disclosures. Once your sample(s) and data are anonymized, it will not be possible to identify you from the research results or shared data.

13. Risks and Benefits. There are minimal physical risks associated with hair sample collection (e.g., discomfort). There is no guarantee of direct benefit to you from participating. Your participation may contribute to scientific knowledge and future medical advances.

14. Compensation. You will not receive financial compensation, reimbursement or benefit sharing for your donation or for any discoveries, inventions, or products resulting from the use of your sample(s).

15. Termination. We may terminate the agreement represented by these Terms of Use or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use, with or without notice, effective immediately.

16. Changes to the Website. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

17. Information About You. All information regarding you which we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your usage information in compliance with the Privacy Policy.

18. Geographic Restrictions. Element Biosciences is based in the State of Maryland in the United States. We provide this Website for use only by persons located in the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

19. Disclaimer of Warranties. YOUR USE OF THE WEBSITE, ITS CONTENT, THE COLLECTION KITS THAT WE SEND OUT TO COLLECT AND RETURN YOUR HAIR SAMPLE(S), AND YOUR PARTICIPATION IN THE STUDY BY DONATING YOUR HAIR SAMPLE(S) IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND COLLECTION KITS THAT WE SEND OUT TO COLLECT AND RETURN YOUR HAIR SAMPLE(S) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, ELEMENT BIOSCIENCES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ELEMENT BIOSCIENCES, ITS AFFILIATES, ITS SUBSIDIARIES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, COLLECTION KITS THAT WE SEND OUT TO COLLECT AND RETURN YOUR HAIR SAMPLE(S), OR YOUR PARTICIPATION IN THE STUDY BY DONATING YOUR HAIR SAMPLE(S), INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Governing Law and Jurisdiction. All matters relating to the Website, the Study, your participation in the Study, your hair sample(s), or otherwise and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non- contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, enforcement of arbitral awards hereunder and any action for intermediate injunctive relief pending arbitration of disputes shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland, in each case located in the City of Baltimore, Maryland. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22. ARBITRATION AGREEMENT. ALL DISPUTES BETWEEN YOU AND ELEMENT BIOSCIENCES SHALL BE DECIDED EXCLUSIVELY BY ARBITRATION. YOU AND ELEMENT BIOSCIENCES AGREE TO PRIVATE ARBITRATION IN A FINAL AND BINDING MANNER, OF ALL DISPUTES, CLAIMS, OR CONTROVERSIES BETWEEN YOU AND ELEMENT BIOSCIENCES (INCLUDING ANY OF ELEMENT BIOSCIENCES’S CURRENT OR FORMER OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR USE, OR INABILITY TO USE, THE WEBSITE, COLLECTION KITS THAT WE SEND OUT TO COLLECT AND RETURN YOUR HAIR SAMPLE(S), OR YOUR PARTICIPATION IN THE STUDY BY DONATING YOUR HAIR SAMPLE(S), OR OTHERWISE. THE ARBITRATOR SHALL NOT HAVE ANY JURISDICTION TO HEAR ANY CLAIMS FOR CLASS ACTION REMEDIES OR OTHER ACTIONS WHERE YOU SEEK A RECOVERY FOR THE BENEFIT OF OTHERS. YOU IRREVOCABLY WAIVE THE RIGHT TO BRING SUCH REPRESENTATIVE CLAIMS AS FURTHER OUTLINED BELOW. THIS ARBITRATION SHALL BE GOVERNED BY AND UNDER THE COMMERCIAL ARBITRATION RULES OF JUDICIAL AND MEDIATION SERVICES (“JAMS”). THE COST OF THE ARBITRATION SHALL INITIALLY BE SHARED BY THE PARTIES; HOWEVER, THE ARBITRATOR SHALL HAVE THE AUTHORITY TO ASSESS ARBITRATION COSTS IN FAVOR OF THE PREVAILING PARTY. SHOULD THE LAW PROHIBIT THIS, THEN YOUR OBLIGATIONS TO SHARE IN THE ARBITRATION COSTS SHALL BE MODIFIED SO AS TO COMPLY WITH LAW. THIS AGREEMENT TO ARBITRATE SHALL BE SUBJECT TO THE LAWS AND PROCEDURES FOR THE STATE OF MARYLAND AND/OR THE FEDERAL ARBITRATION ACT AND THE LAW TO BE APPLIED IN THE ARBITRATION SHALL EXCLUSIVELY BE THE LAWS OF THE STATE OF MARYLAND. ANY ARBITRATION AWARD MAY SUBSEQUENTLY BE CONFIRMED IN A COURT WITHIN THE STATE OF MARYLAND.

23. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE, THE STUDY OR OTHERWISE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

24. Waiver and Severability. No waiver by Element Biosciences of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Element Biosciences to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

25. Entire Agreement. The Terms of Use, and our Privacy Policy, and, if you sign it, theConsent, constitute the sole and entire agreement between you and Element Biosciences regarding the Website, your use of the Website and your participation in the Study by donating your hair sample(s) and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding any of the foregoing.

26. Your Comments and Concerns. If you have questions, concerns, or wish to withdraw your consent, please contact Element Biosciences at 1812 Ashland Ave, Suite 100, Baltimore, MD 21205, or by phone at (410)929-3465 or email at support@strandsforcancer.com.

27. ACKNOWLEDGEMENT. BY USING THE WEBSITE, FILLING OUT OUR QUALIFICATION QUESTIONNAIRE OR OTHERWISE AGREEING TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. YOU MUST AGREE TO THESE TERMS OF USE IN ORDER TO USE THE WEBSITE AND PARTICIPATE IN THE STUDY.