Last Updated: May 2024

Welcome to Cytophenix. These Terms of Service (“Terms”) govern your use of our website and services (“Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

1. Use of Services

You must follow any policies made available to you within the Services. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our Terms or policies or if we are investigating suspected misconduct.

2. Your Account

You may need an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. You are responsible for the activity that happens on or through your account.

3. Privacy and Copyright Protection

Cytophenix’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Cytophenix can use such data in accordance with our privacy policies.

4. Content in the Services

You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.

5. Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. Cytophenix may also stop providing Services to you, or add or create new limits to our Services at any time.

6. Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care, but there are certain things that we don’t promise about our Services. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER CYTOPHENIX NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

7. Liability for our Services

WHEN PERMITTED BY LAW, CYTOPHENIX, AND CYTOPHENIX’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CYTOPHENIX, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

8. Business Uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Cytophenix and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

9. About these Terms

We may modify these Terms or any additional terms that apply to a Service to reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between Cytophenix and you. They do not create any third-party beneficiary rights.

If you do not comply with these terms, and we do not take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of [Australia], excluding its conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Western  Australia, and you and Cytophenix consent to personal jurisdiction in those courts.

For information about how to contact Cytophenix, please visit our contact page.