Terms of Service

Please read these Terms of Service ("Terms") carefully before using the cytowhiz.ai website and flow cytometry data analysis platform (the "Service") operated by CytoWhiz ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

Accounts

When you create an account with us, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Subscription and Payment

Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring basis, depending on the type of subscription plan you select.

We reserve the right to change our subscription fees at any time. If we change our fees, we will provide notice of the change on the website or by email, at our discretion, at least 30 days before the change takes effect.

For annual subscription plans, you can cancel renewal by contacting our support team at least 30 days before the renewal date. For monthly subscription plans, you can cancel at any time, and your subscription will remain active until the end of your current billing period.

Refunds are handled on a case-by-case basis and are issued at our discretion.

Intellectual Property

Our Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of CytoWhiz and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of CytoWhiz.

Your Data

You retain all rights to the scientific data you upload to our Service. By uploading data to our Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and process your data solely for the purpose of providing and improving our Service to you.

We will not sell, distribute, or share your scientific data with third parties without your explicit consent, except as described in our Privacy Policy.

User Content and Conduct

Our Service may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, or other material ("User Content"). You are responsible for the User Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting User Content on or through the Service, you represent and warrant that:

• The User Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms.
• The posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

You agree not to engage in any of the following prohibited activities:

• Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
• Violate or encourage others to violate the rights of third parties, including intellectual property rights.
• Upload or transmit viruses, malware, or other types of malicious software.
• Attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks.
• Collect or harvest any information from the Service, including account names.
• Use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service.

Limitation of Liability

In no event shall CytoWhiz, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service;
• Any conduct or content of any third party on the Service;
• Any content obtained from the Service; and
• Unauthorized access, use, or alteration of your transmissions or content,

whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

CytoWhiz, its subsidiaries, affiliates, and its licensors do not warrant that:

• The Service will function uninterrupted, secure, or available at any particular time or location;
• Any errors or defects will be corrected;
• The Service is free of viruses or other harmful components; or
• The results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us at:

Email: legal@cytowhiz.ai
Address: 123 Science Way, Suite 400, San Francisco, CA 94107