Terms of Service

Last Modified: December 20, 2023.

These terms of service (the “Terms”) govern your access to and use of CryoWatch (“we” or “our”) Online Monitoring services (the “Services”), please carefully read them before using the Services.

By using the Services you agree to be bound by these Terms. Suppose you are using the Services on behalf of an organization. In that case, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with CryoWatch and are not barred under any applicable laws from doing so. The Services may continue to change over time as we roll out updates and add new features. We reserve the right to halt, temporarily or permanently, suspend or modify any of our services without prior notice to you. We may also remove any content from our Services at our discretion.

Your Data Your Privacy

By using our Services, you grant us access to the data of your Magnet Monitor (standard MRI cryosystem control device): activity and files uploaded to Service servers. You retain full ownership of your data. We don’t claim any ownership of any of it. These Terms do not grant us any rights to your data or intellectual property except for the limited rights that are needed to provide the Services, as explained below.

We need your permission to do things you ask us to do with your data from your Magnet Monitor. This includes product features visible to you, for example, graphs, tables, reports, dashboards, etc. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services.

We will not share your data with others, except for law enforcement purposes or with your explicit consent. Our Privacy Policy at https://cryowatch.com/privacy-policy/ explains how we collect and use your information. You are solely responsible for your data and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

Software and Updates

To use our Services (assuming you have Magnet Monitor version 4) you must first download a client software package (“Software”). Through the use of the Software, CryoWatch hereby grants you a limited, nonexclusive, nontransferable, revocable license to access the Services only. Should you use the Software in a way that violates our intellectual property rights, your license to use the Software is automatically revoked. All rights that are not expressly provided in these Terms remain hereby reserved by us. It is strictly prohibited for you to attempt to reverse engineer or decompile the software, or to help anyone else do so. Whenever a new version of the Software becomes available, Our Services may update the software automatically on your computer.

Your Responsibilities

The intellectual property rights of third parties may protect content accessible on the Services. If you believe that you do not have the right to obtain, allow access or otherwise share the data, please do not do so. While using the Services, you, instead of CryoWatch, will be solely liable for everything you download, post, copy, or use in any other way.

It is imperative that you obtain prior consent from third parties before uploading their data onto the Services, and you undertake to notify any parties whose data you could submit. You agree to allow access to the data on every Magnet Monitor that you own or for which you have received specific authorization to allow access. You agree to install Software only on computers that you own or have specific authorization to install on. It is your responsibility to keep up with and safeguard all of your data, not CryoWatch’s. CryoWatch shall not be responsible for any data loss or corruption or for any charges incurred in backing up or recovering any of your data.

You are required to keep your information up to date and to promptly tell us of any changes to your contact information or other account-related information. If you are under the age of eighteen, you are not permitted to use the Services. You affirm that you are at least eighteen (18) years old by accepting these terms.

Account Security

To use the Services, you may need to create an account, which we might do for you. You acknowledge that it is your responsibility to keep your password secure and that you will not reveal it to outside parties. Regardless of whether you gave your permission or not, you are in charge of anything done with your account. In the event that your account is used without authorization, you must notify CryoWatch right away. It is your obligation to communicate with the Services using a secure encrypted connection if you want to safeguard the data you provide to them.

CryoWatch Property

The Services, Software, and the material within the Services are not subject to any rights, titles, or interests that these Terms confer upon you. Copyright, trademark, and other laws of the United States and other countries protect the Software and other technologies we use to provide the Services. The CryoWatch trademarks, logos, domain names, and other brand elements are not yours to use in any way under the terms of these agreements.

Other Content

Links to resources or websites operated by third parties may be found within the Services. Their accessibility, accuracy, related material, goods, or services are not endorsed by CryoWatch, and it bears no liability or responsibility for any of them. The use of any such websites or resources is entirely your responsibility. Furthermore, if we give you software licensed under an open-source license, the open-source provisions will take precedence over any other provisions of the license if they do so expressly conflict with these Terms.

Free Trial Period and Paid Subscription

Every customer who registers a new Magnet Monitor through the Services is granted free, complete access to the data in the Services for 14 days. You can have an unlimited amount of Magnet Monitors on your account. The Magnet Monitor’s unique serial number is necessary for registration. YOU DON’T NEED TO PROVIDE THE DETAILS OF YOUR CREDIT CARD OR ANY OTHER PAYMENT METHOD TO START A FREE 14-DAY TRIAL. IT’S COMPLETELY FREE WITHOUT ANY RESTRICTIONS. We’ll notify you via email once your free trial is about to expire. Access to this Magnet Monitor’s data through the Services shall be restricted beyond the 14-day free trial period.

By purchasing a subscription, you can extend your access to the Magnet Monitor’s data within the Services. For the Subscription Period—which might be monthly, yearly or any other duration specified in the chosen Subscription Plan the paid subscription gives our clients access to the data in the Services of the chosen Magnet Monitor. Each subscription plan’s explanation may be found on our website, https://www.cryowatch.com. The paid subscription to the selected Magnet Monitor is activated by an activation code which our customers receive by e-mail after completion of the checkout and payment process. The activation code is unique and may be used only once for the selected Magnet Monitor to activate the purchased subscription period.

Payment Cancellation

Payments for activated CryoWatch subscriptions are non-refundable since you are entitled to an unlimited free 14-day trial period as stated in these Terms, which allows you to fully assess the quality of the Services before being required to pay any money. Please use our contact form at https://cryowatch.com/contact/ to get in touch with us if you need further assistance or if you believe there was a billing error. We only give refunds when mandated by law. Any chargeback request may result in the blocking of your ability to view the Services Magnet Monitor data.

Notifications

The Services notifies our clients via free email alerts, app notifications, Telegram and Viber messenger notifications, if any problems are found with the customer’s Magnet Monitor parameters based on the data collected. Customers must provide a phone number for both tariff determination and notification sending if they require SMS notifications. Notifications by SMS are chargeable. An activation code for the amount specified in the chosen subscription plan, as detailed in these Terms, tops off the SMS balance.

Termination

You can discontinue using our Services at any time, even though we’d much rather you stay. We maintain the right to suspend or terminate the Services if you violate these rules or violate applicable laws. For instance, should you use the Services in any way that could expose us to legal liability or interfere with others’ ability to use the Services, we have the right to suspend or terminate your use. While we will make every effort to notify you in advance and assist you in retrieving data if we suspend or terminate your use, there may be circumstances (such as persistent or egregious violations of these Terms, court orders, or threats to other users’ safety) in which case we may suspend immediately.

Services are Available “AS-IS”

We strive to offer excellent service, but there are some aspects of it that we are unable to guarantee. For example, THERE IS NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND, AND THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” AT YOUR OWN RISK. WE DECLINE ALL WARRANTIES INCLUDING NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY. CryoWatch excludes all liability for any damage done to your hardware, data loss or corruption, or other issues arising from your use of the Services or Software or from your access to it.

YOU HEREBY ACKNOWLEDGE THAT THE PRODUCT MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS AND OMISSIONS OF THIRD PARTIES. THEREFORE, THE CRYOWATCH EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR SOFTWARE AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE. THE CRYOWATCH DISCLAIMS ANY AND ALL LIABILITY FOR THE LOSS OF DATA DURING ANY COMMUNICATIONS AND ANY LIABILITY ARISING FROM OR RELATED TO ANY FAILURE BY THE CRYOWATCH TO TRANSMIT ACCURATE OR COMPLETE INFORMATION TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CRYOWATCH, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR

1. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CRYOWATCH HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;
2. AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $10 OR THE AMOUNTS PAID BY YOU TO CRYOWATCH FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.

Modifications

We may from time to time revise these Terms, and the most current version will always be published on our website. The terms may change no more than once a month, and they come into force from the moment they are published on the website. You agree to be subject to the revised Terms by continuing to access or use the Services after the revisions become effective. If you do not agree to the new terms, please stop using the Services.

These Terms constitute the complete and exclusive agreement between you and CryoWatch concerning the Services and supersede and replace all other agreements, terms, and conditions applicable to the Services. These Terms do not constitute third-party beneficiary rights. CryoWatch’s failure to enforce a provision does not constitute a waiver of its right to do so later. If a provision is found to be unenforceable, the remaining provisions of the Agreement will remain in full force and effect and an enforceable term that reflects our intent as closely as possible will be substituted. You may not transfer your rights in these Terms and any such attempt is void, but CryoWatch may transfer its rights to any of its affiliates or subsidiaries or any successor in interest to any business associated with the Services. CryoWatch and You are not a legal partner or agent; instead, our relationship is that of independent contractors.

• By email: support@cryowatch.com
• Via our website: cryowatch.com/contact