This Agreement is entered into between you ("You" or "User") and CryoStats, LLC, a Connecticut limited liability company with its principal place of business at 138 Highland Ave, B3, Cheshire, CT 06410 ("CryoStats," "we," "us," or "our"). This Agreement governs Your use of the CryoStats mobile application ("Application" or "App"), including all updates, upgrades, and supplemental content provided by CryoStats that replace or supplement the original Application, unless such update or upgrade is accompanied by a separate license agreement.
This Agreement is between You and CryoStats only, and not with Apple Inc. ("Apple"). CryoStats, not Apple, is solely responsible for the Application and its content.
1. Acknowledgement
You acknowledge that this Agreement is concluded between You and CryoStats only, and not with Apple. CryoStats, not Apple, is solely responsible for the Application and the content thereof. This Agreement does not provide for usage rules that conflict with the Apple Media Services Terms and Conditions (the "Usage Rules") as of the date You accepted this Agreement, and You acknowledge that You have had the opportunity to review the Usage Rules.
2. Scope of License
CryoStats grants You a limited, non-exclusive, non-transferable, revocable license to use the Application on any Apple-branded products that You own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This license does not allow You to use the Application on any device that You do not own or control, and You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the Application. If You sell Your Apple Device to a third party, You must remove the Application from the Apple Device before doing so.
You shall not copy (except as expressly permitted by this Agreement and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Application).
3. Subscription and Free Trial
Subscription Required. Access to the Application requires an active subscription. The Application is provided with a one (1) month free trial period beginning on the date of initial download. After the free trial period, continued use of the Application requires payment of the applicable subscription fee as displayed in the Apple App Store at the time of purchase.
Subscription Renewal. Subscriptions automatically renew unless cancelled at least twenty-four (24) hours before the end of the current billing period. Your Apple ID account will be charged for renewal within twenty-four (24) hours prior to the end of the current period. You may manage and cancel Your subscription through Your Apple ID account settings.
Coupon Codes and Promotional Credits. CryoStats may, at its sole discretion, issue coupon codes, promotional credits, or complimentary access periods to individual users. The issuance of any coupon code, promotional credit, or complimentary access period shall not constitute an acknowledgment of any defect, error, or deficiency in the Application, nor shall it constitute an admission of liability, fault, or responsibility of any kind on the part of CryoStats. Coupon codes and promotional credits are issued on an as-is basis, are non-transferable, have no cash value, and may be revoked or modified by CryoStats at any time without notice. The provision of any such benefit does not create any obligation on the part of CryoStats to continue providing such benefits, nor does it establish any warranty, guarantee, or service-level commitment. CryoStats reserves the right to determine eligibility criteria and terms for all promotional offers.
4. Data Storage and Privacy
Local and iCloud Storage. All data created, entered, or stored through the Application is stored exclusively on Your device locally and/or in Your personal Apple iCloud account, depending on Your device settings. CryoStats does not operate servers that collect, store, or process Your Application data. CryoStats does not have access to, and cannot retrieve, Your data.
No Collection of Personal Information. CryoStats does not collect personal information from You through the Application. We do not collect names, email addresses, institutional affiliations, or any data You enter into the Application.
Voluntary Bug Reports. If You choose to contact CryoStats to report a bug or request support (via admin@cryostats.io), any information You include in such communication is provided voluntarily by You. CryoStats will use such information solely for the purpose of addressing Your inquiry and will not share it with third parties except as required by law.
De-Identified Usage Metrics. CryoStats may receive de-identified, aggregated usage metrics provided by Apple through Apple's App Analytics program. These metrics do not contain personal information and cannot be used to identify individual users. This data collection is governed by Apple's own privacy policies and Your settings with Apple.
Your Responsibility for Data. You are solely responsible for maintaining backups of Your data. CryoStats is not responsible for any loss, corruption, or unauthorized access to data stored on Your device or in Your iCloud account. You acknowledge that data loss may result from device malfunction, software errors, iCloud service disruptions, or other causes beyond CryoStats' control.
5. Consent to Use of Data
You agree that CryoStats may collect and use technical data and related information, including but not limited to de-identified technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to You (if any) related to the Application. CryoStats may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
6. Not for Clinical or Diagnostic Use
The Application does not constitute a medical device and has not been evaluated, cleared, or approved by the U.S. Food and Drug Administration (FDA) or any other regulatory body. The Application should not be relied upon for any decision relating to patient diagnosis, treatment, or care. CryoStats makes no representations or warranties regarding the suitability of the Application for any regulated or clinical purpose.
You assume all risk associated with Your use of the Application. CryoStats shall not be liable for any decisions made or actions taken in reliance on data or information stored in or produced by the Application.
7. Maintenance and Support
CryoStats is solely responsible for providing any maintenance and support services with respect to the Application, as specified in this Agreement or as required under applicable law. You and CryoStats acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Support inquiries may be directed to CryoStats at: admin@cryostats.io (Subject line: "Support").
8. Warranty Disclaimer
THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT. CRYOSTATS DOES NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price (if any) for the Application to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be CryoStats' sole responsibility.
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the limitations above shall apply to the fullest extent permitted by applicable law.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CRYOSTATS, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA, LOSS OF SAMPLES, LOSS OF PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, OR ANY DOWNSTREAM CONSEQUENCES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF CRYOSTATS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRYOSTATS' TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE APPLICATION SHALL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO CRYOSTATS FOR THE APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Without limiting the foregoing, CryoStats shall have no liability whatsoever for any loss, corruption, or unauthorized access to data stored on Your device or in Your iCloud account; any damage to or loss of biological samples, reagents, or other laboratory materials; any consequences arising from inaccurate text recognition, color analysis, or other automated features of the Application; or any decisions or actions taken in reliance on the Application.
10. Product Claims
You and CryoStats acknowledge that CryoStats, not Apple, is responsible for addressing any claims by You or any third party relating to the Application or Your possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. This Agreement does not limit CryoStats' liability to You beyond what is permitted by applicable law.
11. Intellectual Property
CryoStats retains all right, title, and interest in and to the Application, including all copyrights, trademarks, trade secrets, patents, and other intellectual property rights therein. This Agreement does not grant You any rights to CryoStats' trademarks or service marks.
You and CryoStats acknowledge that, in the event of any third-party claim that the Application or Your possession and use of the Application infringes that third party's intellectual property rights, CryoStats, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
12. Termination
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from CryoStats if You fail to comply with any term of this Agreement. Upon termination, You shall cease all use of the Application and destroy all copies, full or partial, of the Application. Termination of this Agreement shall not limit any of CryoStats' rights or remedies at law or in equity.
CryoStats may terminate or suspend Your access to the Application at any time for any reason, including but not limited to breach of this Agreement, discontinuation of the Application, or for any other business reason.
Sections 6, 8, 9, 10, 11, 13, 14, 15, and 16 shall survive termination of this Agreement.
13. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof that is not subject to the binding arbitration provision below shall be brought exclusively in the state or federal courts located in New Haven County, Connecticut, and You consent to the personal jurisdiction and venue of such courts.
14. Binding Arbitration
Agreement to Arbitrate. You and CryoStats agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Application (collectively, "Disputes") will be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies.
Arbitration Rules. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, which are available at www.adr.org. The arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Rules. The arbitration shall take place in Hartford County, Connecticut, or, at Your election, may be conducted by telephone or videoconference.
CLASS ACTION WAIVER. YOU AND CRYOSTATS 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, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO CONSOLIDATE OR JOIN THE CLAIMS OF MULTIPLE PARTIES OR TO CONDUCT ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
Arbitration Fees. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If the arbitrator determines that Your claim was frivolous or brought for an improper purpose, CryoStats may seek reimbursement of its fees and costs to the extent permitted by applicable law.
Opt-Out. You have the right to opt out of this arbitration provision by sending written notice of Your decision to opt out to: CryoStats, LLC, 138 Highland Ave, B3, Cheshire, CT 06410, or by email to admin@cryostats.io (Subject line: "Arbitration Opt-Out"), within thirty (30) days of first accepting this Agreement. If You opt out, neither You nor CryoStats will be required to arbitrate, and both parties retain the right to bring claims in court.
15. Export Compliance
You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the Department of State.
16. Apple Third-Party Beneficiary
You and CryoStats acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.
17. Third-Party Terms
The Application uses only Apple-provided system frameworks (including but not limited to Vision, SwiftData, and iCloud). Your use of the Application is subject to Your agreement with Apple, including the Apple Media Services Terms and Conditions and any applicable iCloud terms of service. You are solely responsible for compliance with any applicable third-party terms when using the Application.
18. Age Requirement
The Application is intended for users aged 16 and older. By using the Application, You represent that You are at least 16 years of age, or that You have the consent of a parent or legal guardian who agrees to be bound by this Agreement on Your behalf.
19. Entire Agreement; Severability; Waiver
This Agreement constitutes the entire agreement between You and CryoStats with respect to the Application and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be reformed to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties.
The failure of CryoStats to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
20. Contact Information
If You have any questions, complaints, or claims with respect to the Application, please contact:
CryoStats, LLC
138 Highland Ave, B3
Cheshire, CT 06410
Email: admin@cryostats.io (Subject: "Support")