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Terms and Conditions for Kryo, Inc. Products and Services

1. Relationship between you and Kryo, Inc. (“Kryo”).

By using Kryo Products and Services, including the Website, the Applications, the Products, the Services, the API or any other services provided by Kryo (hereinafter the “Products and Services”) you expressly confirm your agreement to the following Terms and Conditions for Kryo, Inc. Products and Services (“Kryo Terms and Conditions”).

Kryo Terms and Conditions are binding and form a contract between you and Kryo. Any breach, or suspected breach, by you of the Kryo Terms and Conditions will entitle Kryo to terminate your access to, and use of, the Products and Services. Kryo shall include all Kryo affiliates as described in each of the following documents (hereinafter “Kryo” or “We”). Any reference to a particular affiliate of Kryo shall be enforceable for the specific condition into which such affiliate is your contractual partner. These Kryo Terms and Conditions supersede any other document of the Kryo Terms and Conditions concerning its purpose.

The Kryo Terms and Conditions are composed of:

Our Kryo products, as detailed in the user guides associated with our various products (each, a “Product” and together, the “Products”) must be used in accordance with the user guides attached to,­­ or provided with, our Products.

As a user of the Products and Services, you acknowledge and guarantee:

Any objection to these Kryo Terms and Conditions will be interpreted as a refusal to agree to these Kryo Terms and Conditions. IF YOU DISAGREE WITH THESE KRYO TERMS AND CONDITIONS YOU ARE NOT PERMITTED TO USE ANY KRYO PRODUCTS OR SERVICES. ANY VIOLATION OR ATTEMPTED VIOLATION OF THESE KRYO TERMS AND CONDITIONS MAY RESULT IN THE IMMEDIATE TERMINATION OF YOUR ABILITY TO ACCESS THE WEBSITE, APPLICATIONS AND THE KRYO SERVICES.

2. Modification of the Kryo Terms and Conditions

It is understood and agreed between the parties that Kryo keeps the right, in any case, to modify all or part of the Kryo Terms and Conditions to reflect changes to the law or any applicable regulation, changes to our Products and Services, or any event which is deemed sufficient by Kryo to command such revisions. Any new version of the Kryo Terms and Conditions will not apply retroactively but replaces and supersedes all previous versions of the Kryo Terms and Conditions.

We advise you to frequently consult the Kryo Terms and Conditions and to save each version on durable media.

3. General provisions

Force Majeure

Any event that is deemed at once unforeseeable, insurmountable and external and thereby prevents us from fulfilling our obligations under these Kryo Terms and Conditions is considered an event of Force Majeure (“Force Majeure Event”). The following events are especially considered as non-exclusive examples of Force Majeure Events: strikes, flood, fire, lock-outs, disruption and distractions in transport services, supply difficulties in raw material or energy, and any communication interference resulting in any difficulty to fulfil any order or perform any act required by the Kryo Terms and Conditions. For so long as a Force Majeure Event is in existence, as determined in the sole discretion of Kryo, Kryo shall not be responsible for any act, or failure to act, in accordance with the Kryo Terms and Conditions, to the extent such action or failure to act is reasonably related to such Force Majeure Event. The performance of such act shall be continued as promptly as is commercially reasonable once the cause of the Force Majeure Event ceases.

Entire Agreement

This version of the Kryo Terms and Conditions constitutes the entire agreement between you and us and cancels, excludes and replaces any previous conditions in its subject matter. You acknowledge that other documents of the Kryo Terms and Conditions may also apply to you when you are subject to these Kryo Terms and Conditions.

Severability

If any provision of the Kryo Terms and Conditions is held invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable part or provision will be deemed as unwritten.

Waiver

Any failure to exercise or delay in exercising any right, power or privilege under the Kryo Terms and Conditions shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.

Evidence – Electronic communication

Any notification and communication between Kryo and you can be realized by any electronic means of communication, including email. You hereby grant us your express consent for sending you by electronic means of communication any notification through your Kryo account.

Governing law – Dispute resolution

These Kryo Terms and Conditions and all any action related thereto shall be governed, controlled, interpreted by and construed in accordance with the laws of the State of North Carolina (USA) without regard to principles of conflict of laws.

Any dispute, claim or controversy arising out of or relating to these Kryo Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Kryo Terms and Conditions to arbitrate, shall be determined by arbitration rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Kryo Terms and Conditions. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitration will be conducted on an individual basis – class arbitrations and class actions are not permitted-- in the City of Raleigh, County of Wake, State of North Carolina, using the English language, by one arbitrator who shall be selected from the appropriate list of JAMS arbitrators. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Indemnification

Upon our request, you agree to indemnify, defend, and hold us and our suppliers harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, legal fees, expert witness fees, and court costs, arising from any claim, action, or demand related to or alleged to relate to: (1) your or any other person’s use or misuse of the Services, the Products, the Website, the API, or the Applications related to the Services or Products purchased by you; (2) violation of these Kryo Terms and Conditions by you or another user of your Account, or the Products and/or Services purchased by you; (3) violation of the rights of any third party by you or any person using the Services, the Products, the Website, the API or the Applications related to the Services or Products purchased by you; (4) violation of any applicable law, rule, or regulation in connection with your or any other person’s use of the Services, the Products, the Website, the API, or the Applications related to the Services or Products purchased by you; (5) any other person’s use of the Services, the Products, the Website, the API or the Applications related to the Services or Products purchased by you, including, without limitation, disclosure of any information or the Data concerning any other user thereof; or (6) your failure to timely inform us that you are transferring possession or otherwise disposing of the Services or Products purchased by you. We reserve the right to assume control of the defense of any claim that is subject to indemnification hereunder, in which event you shall cooperate with us in connection with our defense to or of such claim. We reserve the sole right to settle or otherwise compromise any claim, action or demand subject to indemnification under these Kryo Terms and Conditions, with or without your consent.

Assignment

You are not permitted to assign these Kryo Terms and Conditions without our prior written consent. Any such assignment without such prior consent shall be deemed a breach of these Kryo Terms and Conditions. We may assign these Kryo Terms and Conditions to any other business or company that we own or control, or to a third party, so long as such other party undertakes all of our obligations, rights and duties hereunder.

Kryo, Inc. Website Terms and Conditions

Your access to and use of the website located at www.chilitechnology.com (the “Website”) is subject exclusively to these Website Terms and Conditions and the Terms and Conditions for Kryo, Inc. Products and Services. You will not use the Website for any purpose that is unlawful or prohibited by these Website Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Website Terms and Conditions you must immediately stop using the Website.

Advice

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making any decision. Content found on the Website, in our and our authorized dealers’ advertisements, or provided through the Applications, the Services or the Products (together, the “Data”), is for informational purposes only, and under no circumstance should you construe such information as medical advice, diagnosis, or treatment. We do not intend for the foregoing content to replace medical care, medical diagnosis, or the relationship between you and your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind. The Data should not be used in any way to diagnose or treat any medical condition. You should always consult with a physician or healthcare professional regarding any concerns you have relating to your health, especially before you start or stop any particular health-related regimen. Never delay seeking or disregard professional medical advice because of something you have read or interpreted while using the Services, the Products, the Website or the Applications, or based on any Data generated by the Applications or published on the Website.

Change of Use

Kryo reserves the right to:

Links to Third-Party Websites

The Website may include links to third-party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Kryo is not responsible for the content, information collection practices, or availability of any such sites.

Copyright

Applications Terms of Use for Kryo Products and Services

1. Relationship between you and Kryo

By downloading, installing, connecting and/or using the Applications, you expressly confirm your agreement to the following Applications Terms of Use for Kryo Products and Services (“Applications Terms”).

The Applications are distributed by Kryo.

The following Applications Terms are a sub-set of the Terms and Conditions for Kryo, Inc. Products and Services (“Kryo Terms and Conditions”). The Applications Terms supersede any other document of the Kryo Terms and Conditions concerning its purpose.

An Application (each, an “Application” and together, the “Applications”) is a software application developed by or for Kryo, composed of a graphic interface (and other Application Elements as defined below), that can be used in particular through your smartphone, tablet, or other internet-connected device and through which you interact with the features that are made available to you by the Application, including any feature(s) that allow you to save, store, access, and use your data, such as identifying data. As of the date hereof, the Applications include the OolerÒ App, and any successor Application thereto.

By using the Applications, you hereby acknowledge and guarantee:

Any objection to these Applications Terms will be interpreted as a refusal to agree to these Applications Terms. IF YOU DISAGREE WITH THESE APPLICATIONS TERMS YOU ARE NOT PERMITTED TO USE THE APPLICATIONS, AND YOU MUST UNINSTALL THE APPLICATIONS IMMEDIATELY AND DELETE ANY ACCOUNTS YOU HAVE WITH US. ANY VIOLATION OR ATTEMPTED VIOLATION OF THESE APPLICATIONS TERMS MAY RESULT IN THE IMMEDIATE TERMINATION OF YOUR ABILITY TO ACCESS THE APPLICATIONS AND THE KRYO SERVICES.

Content found on the Website, in our and our authorized dealers’ advertisements, or provided through the Applications, the Services or the Products (together, the “Data”), is for informational purposes only, and under no circumstance should you construe such information as medical advice, diagnosis, or treatment. We do not intend for the foregoing content to replace medical care, medical diagnosis, or the relationship between you and your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind. The Data should not be used in any way to diagnose or treat any medical condition. You should always consult with a physician or healthcare professional regarding any concerns you have relating to your health, especially before you start or stop any particular health-related regimen. Never delay seeking or disregard professional medical advice because of something you have read or interpreted while using the Services, the Products, the Website or the Applications, or based on any Data generated by the Applications or published on the Website.

2. Definitions

API” refers to all current and future Kryo application programming interfaces for developers dedicated for Kryo Products and Services, as specified in the applicable API agreement.

Products” or “Kryo Products” refers to all Kryo products offered and sold by Kryo.

Services” or “Kryo Services” refers to all Kryo services offered and provided by Kryo.

Kryo Products and/or Services” refers to all Kryo products and services offered and provided by Kryo.

Website” refers to the website available at the following address: www.chilitechnology.com.

3. Modification of the Applications Terms

It is understood and agreed between the parties that Kryo shall have the right, in any case, to modify all or part of these Applications Terms, to reflect changes to the law or any applicable regulation, or any event which is deemed sufficient by Kryo to command such revisions. Any new version of the Applications Terms will not apply retroactively but replaces and supersedes the previous Applications Terms.

We advise you to frequently consult the Kryo Terms and Conditions and to save each version on durable media.

4. Prerequisites for Applications usage, downloading and updates

You must download the Application on your personal medium before using it. This medium can be your personal smartphone, tablet, or other Bluetooth and/or internet-connected device (hereafter collectively referred to as the “Device”). The download of the Applications, and the exchange of data between the Applications and Kryo data centers, including any third-party data centers utilized by Kryo for the processing and/or storage of any data, requires an Internet network connection that you must supply. Some Applications, or features thereof, may be used without Internet connection. Sufficient quality of your Internet connection and sufficient speed and performance of the processor of your Device are essential prerequisites for the use of Applications. More detailed information on such prerequisites can be found on our website.

Your Device may not be compatible with an Application even if you are able to download it to your Device. Before any use, you are responsible to check if your Device and the Application and/or Kryo Products are compatible.

You must comply also with the terms and conditions applicable to the online store used to download the Applications.

All Applications updates will be set up in accordance with the terms of how updates are managed by the manufacturer of your Device and/or the provider of your operating system. We hereby inform you that the Applications updates may include substantial modifications of (1) the Applications and/or (2) functionality available through the Applications. We are unable to guarantee the continuity and availability of any functionality available through the Applications. Furthermore, the functionality and availability of the Applications may also vary depending on where you download or connect to the Applications.

You hereby authorize us to access your Device(s) and Account, and to make changes to all or any portion of the Applications (including user interfaces), and to issue upgrades, bug fixes, patches, or other modifications to maintain or improve the Applications in our discretion (“Upgrades”). You agree we may make Upgrades without advance notice to you or additional consent from you. Upgrades may temporarily interfere with your access to and use of the Applications, or temporarily or permanently change the features, functionality, benefits, or uses of the Applications and you agree those will be done at our discretion. If you do not want the Upgrades, then you agree that your sole remedy is to terminate your use of the Applications altogether and cancel your Account according to this Agreement. Furthermore, you accept the risk that prior versions of the Applications may not be supported by Kryo in the future. Your continued use of the Applications after any Upgrade(s) will indicate your acceptance of those Upgrades.

5. Your Use of the Applications

You may download, install and use any Application in accordance with these Applications Terms.

Data retrieved and presented to you through an Application may not be accurate, including due to an inappropriate use of the Applications, API, Services, Products or your Device. Therefore, you may not use such data as a specific basis in a health plan.

By using an Application, you shall not:

6. Connection and identification

Your identification through a Kryo account (hereinafter the “Account”) is required before any connection, access and use of an Application.

By connecting an Application and a Product, you identify yourself as the user of the Product. This connection allows you to:

Should you create an Account, you must follow a set of requirements to help prevent a third party from obtaining access to your Account. For example, you must verify that your password is sufficiently secured (composed with enough characters, mixed cases, and varied alphanumerical characters, etc.), and use best efforts to prevent any third party from accessing your Account from the Website and/or the Application after you are no longer using the Website and/or the Application. You are responsible for maintaining the confidentiality of the information provided in your Account, including your login information, and password(s), and are responsible for all activities that occur under the Account, with or without your knowledge. You may not provide the login information or password of your Account to another person. You agree to notify Kryo immediately of any unauthorized use of your Account or any other breach of security. You agree that we may, in our sole discretion, treat as you any person who presents your login and password, or any other credentials that we deem sufficient for Account access, and we shall be entitled to disclose to such person your Data and account information and permit such person to make changes in the Services, the Products, the Applications and your Account.

Any connection to your Account from a third party to which you have given your prior consent is your own responsibility. We cannot be responsible for any of the personal data communicated to one or several third parties through an authorization given implicitly or explicitly by you to any such third parties. Leaving the Application without logging-out, or not adding a second password security, is considered as an implicit authorization by you.

To facilitate access through the electronic system, we remind you that your identification can be automated through the use of third-party identification services (e.g., Apple TouchID, FaceID, LastPass, etc.), and Kryo will not be responsible for any unauthorized disclosure of your identification by any such third-party identity verification services.

7. Intellectual property - License to use the Application

Each Application is composed of elements such as text, interfaces, photographs, charts, pictures, browsing means, trademarks, logo, graphics, design, music, artworks, computer code, software, fonts or any other elements incorporated into such Application (hereinafter “Application Elements”). The Application Elements and all rights, including without limitation title and intellectual property rights therein, are owned by Kryo and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used. The structure, organization, and code of the software are valuable trade secrets and confidential information of Kryo and/or its licensors and affiliates.

Subject to your compliance with the Kryo Terms and Conditions, including these Applications Terms, we, or any third party specifically designated for this purpose, grant you a personal, non-commercial, non-exclusive, non-transferable, non-assignable, non-sublicensable license, revocable at any time at Kryo’s sole discretion, to access and use the Applications strictly for your own benefit and in accordance with the Kryo Terms and Conditions. Use of the Applications does not grant you any intellectual property rights in or to any information or content in the Applications. The license granted under these Application Terms is strictly limited to your use of the Applications in accordance with the Kryo Terms and Conditions.

You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, market, rent, lease, reverse engineer, de-compile, extract or otherwise attempt to discover the source code of any software included in the Applications. For open source licensed software, if any, applicable open source license terms apply.

No right or license, express or implied, is granted to any part of the Applications except as expressly set forth herein. In addition, no licenses or immunities are granted to the combination of the Applications with any other software or hardware not delivered by Kryo or its authorized distributors or resellers. Also, any and all licenses with respect to any patents of Kryo and/or its licensors and affiliates and of any third party (including essential patents) are specifically excluded from the scope of the Kryo Terms and Conditions, including these Applications Terms, and such licenses need to be acquired separately from Kryo or the respective right holders, as the case may be. Unless otherwise specified, the right hereby granted may apply to any updates and evolution of the Applications. However, some functionality or features may be available through a specific license, if these functionalities or features are produced by third parties, although integrated into the Applications (hereinafter “Third Party Functionality”).

All rights not expressly granted herein are reserved to us and our suppliers, and no other licenses are granted herein by implication, estoppel or otherwise. You shall not take any action to interfere with the ownership of the Services, the Applications, the Website, the API, and the online documentation by us, or by our suppliers. All proprietary notices incorporated in, marked on, or fixed to any portion of the Products and Services provided to you shall not be altered, removed or obliterated.

8. Third Party Functionality

We may introduce functionality or features developed and provided by third parties into the Applications in order to provide you additional functionality and features. You shall agree to the applicable third-party terms and conditions in order to be able to use such Third Party Functionality. As we are not a party to your contract with such third party, we are not liable for any use nor for direct or indirect consequences of your use of such functionalities or features provided by third parties.

Use of the Services and the Products may require compatible devices (e.g., smart phones, tablets, wearables, and other related hardware and/or firmware), Wi-Fi access, Bluetooth connectivity, and certain software and hardware. We issue periodic updates for the Applications, the Services and the Products, and your failure to implement those updates may affect the performance of the Applications, the Services and the Products or prevent you from enjoying certain features. You agree that meeting the foregoing requirements and implementing the updates are your responsibility. Some or all of the foregoing updates may download and/or install automatically, and you hereby consent to such downloading and installation without any separate notice thereof from us. To the extent such third-party equipment, software, or ancillary services require you to agree to other terms and conditions of access or use, you are responsible for complying with such agreements separate and apart from this agreement.

9. Data Protection

You are encouraged to read and reduce to durable media the Kryo Privacy Policy.

10. Data Hosting

By using an Application, you may allow Kryo, or any third party designated by Kryo for such purpose, to store data collected when using a Product, Service and/or an Application and/or functionality allowed by a Product, Service and/or Application. You may not be able to access your data within the Application at all times. We therefore recommend that you frequently save your data though the means provided in the Application.

11. Warranties

The following warranty applies to:

The following warranty does not apply to:

Unless required by any mandatory legal provision, the Website, the Applications, the Services, the API and improvements of any of the above (hereinafter the “Elements”) are provided on an “AS IS” and “AS AVAILABLE” basis. KRYO MAKES, AND USER RECEIVES, IN CONNECTION WITH THE ELEMENTS NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE ELEMENTS, OR ANY CONTENT, SERVICES OR FEATURE OF THE ELEMENTS, INCLUDING ANY INFORMATION AND DOCUMENTS DOWNLOADED BY YOU ARE FREE OF ERRORS OR DEFECTS, OR THAT THE AFOREMENTIONED WILL BE CORRECTED.

KRYO DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGE DIRECTLY OR INDIRECTLY SUFFERED BY YOU, IN CONNECTION WITH OR RELATED TO YOUR USE OF ANY ELEMENTS. YOU MUST ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ELEMENTS. YOUR SOLE REMEDY AGAINST KRYO FOR ANY DISSATISFACTION WITH ALL OR PART OF THE ELEMENTS OR ANY CONTENT DIRECTLY OR INDIRECTLY LINKED TO IT IS TO STOP USING THE ELEMENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES WITHOUT WHICH THE PARTIES WOULD NOT HAVE ENTERED INTO THE AGREEMENT.

IN NO EVENT SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF THE USE OF THE DATA, THE SERVICES, THE APPLICATIONS OR THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE APPLICATIONS, THE WEBSITE, THE DATA, AND THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED TO $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER.

12. Feedback and Submissions Policy

If you submit comments, ideas, or feedback to Kryo, you agree that Kryo can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. Kryo does not waive any rights to use similar or related ideas or feedback previously known to Kryo, developed by Kryo, or obtained from sources other than you. Kryo is always pleased to hear from the members of the Kryo community. You are solely responsible for any comments, ideas, drawings, concepts, feedback or other information you provide to Kryo, including information intended to improve or otherwise result in a modification to the Applications, Products, Services, Website or API (“Submitted Content”). You represent and warrant that you have all rights necessary to Submitted Content for your use and our use in accordance with these Kryo Terms and Conditions. You hereby license to us all patent, trademark, trade secret, copyright, and other proprietary rights in and to Submitted Content for publication on and use with or in connection to Kryo or our business. If you send us Submitted Content, that Submitted Content will automatically, and without any compensation to you, become the property of Kryo, including the rights to modify, publish, create derivative works from, redistribute, copy, and use as we determine in our sole discretion (whether for commercial purposes or otherwise), and you hereby assign all such rights in such Submitted Content to Kryo and thereby forfeit any intellectual property or other rights in the Submitted Content. None of the Submitted Content will be subject to any obligations of confidentiality and Kryo will not be liable for any future use or disclosure of such Submitted Content.