Terms of Use

Last modified: 03/02/2025

Thank you for visiting our website! These terms of use (Terms) are provided as a convenience for you for non-commercial use and apply when you use the products and/or services of Nitro Bio, or any of our subsidiaries, or affiliates (collectively, “we,” “us,” “our”), including application programming interfaces, associated software, tools, developer services, data and documentation, content, events, or activities (collectively, Services).

These Terms set forth a legally binding agreement between you and us and, by accessing and using our Services or otherwise interacting with us in connection therewith, you:

If you do not agree to these terms, you are not permitted to access or use the Services.

ARBITRATION NOTICE:

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT INCLUDING A WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE SEE THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW FOR ADDITIONAL DETAILS.

TABLE OF CONTENTS

  1. Who We Are
  2. Privacy Notice
  3. Modifications
  4. Registration and Access
  5. Access to the Services
  6. Our Content
  7. Other Services and Features
  8. Your Materials
  9. Acceptable Use Policy
  10. Term and Termination
  11. Warranty Disclaimer
  12. Limitation of Liability
  13. Indemnity
  14. Release of Claims
  15. Governing Law
  16. Binding Arbitration and Class Action Waiver
  17. General Terms
  18. Electronic Communications
  19. How to Contact Us

1. Who We Are

Nitro Bio is a limited liability corporation dedicated to making beautiful software for life scientists

2. Privacy Notice

Please view our Privacy Policy, which explains how we collect and use personal information and is incorporated by this reference into these Terms.

3. Modifications

We reserve the right to modify and update these Terms, as well as any aspect of the Services, at any time in our sole and absolute discretion. We will notify you via the online published Services if we make any material changes. Your continued access to or use of the Services after any modifications, updates, or changes will constitute your acceptance of any modifications, updates, or changes to these Terms.

4. Registration and Access

You must be at least 18 years of age (or the age of majority in the jurisdiction in which you reside) to use the Services. The Services are not intended for anyone under 18. If you use the Services on behalf of another person, organization or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.

5. Access to the Services

You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You must comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services, and you are expressly not granted any ownership rights therein.

We may suspend or terminate your access to the Services for any reason or no reason, without prior notice to you, including but not limited to if you violate these Terms; if we suspect that you are using the Services in an unauthorized manner; or if you act in any way that would discredit, disparage or harm our reputation.

6. Our Content

The Services, and in particular all information, text, content, images, logos, trademarks, graphics, software, apps, videos, articles, and other materials we make available in connection with the Services, including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement (collectively, theContent) are the sole property of us or our affiliates or their licensors, protected by copyright, trademark, and other laws.

The Content is provided for information purposes only and is not to be relied upon as professional opinion or advice. The Content is not guaranteed to be accurate, complete, reliable, current or error-free; use at your own risk.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Content under a Creative Commons Attribution – NonCommercial-NoDerivs (CC BY-NC-ND) License. Use or disclosure to third parties of our Content for any commercial use without prior written consent from Nitro Bio is prohibited. Please note that this limited license applies solely to our Content, and not to any externally linked data, which are subject to their own respective licenses. We encourage all users to review the specific licenses of any linked data before use.

7. Other Services and Features

For your convenience and information, the Services may provide links to other services and features, including apps, tools, widgets, activities, and plugins, which may be operated by entities not affiliated with us. We make no representations or warranties regarding any such service or feature. If you choose to access any link to other services or features, you understand that you are connecting directly to that service or feature and will be subject to any terms of use, policies and privacy practices of the party that operates such service or feature.

8. Your Materials

All content, responses, answers, comments, ideas, proposals, photos and other information and materials that you post or submit to us or in connection with the Services (Materials) shall be handled as follows. While we may not review or monitor submissions of Materials, we reserve the right to block, refuse, delete, remove or edit, in whole or in part, any Materials that violate these Terms or that are otherwise objectionable, as determined by us in our sole discretion. We assume no liability in connection with any use of your Materials, including any errors or omissions contained therein, or for any loss or damage incurred as a result of any such use. You are solely responsible and assume all risks associated with any Materials you submit.

You grant to us a nonexclusive, royalty-free, perpetual, worldwide, irrevocable, sublicensable and transferable license to use, host, store, reproduce, modify, publish, adapt, translate, edit, create derivative works from, publicly display and distribute any Materials you submit in connection with the Services in any and all media now known or hereinafter devised. You hereby waive any moral rights you may have in the Materials. By posting Materials on the Services, or otherwise providing Materials to us, you represent and warrant that you own or have the necessary rights and permissions to provide such Materials, and to authorize us to use such Materials in the manner contemplated by these Terms.

We will be entitled to use Materials for any purpose in connection with the provision and promotion of the Services, without further notice or compensation to you or any other person. We will not be liable for the use or exploitation of any ideas derived from your Materials, nor will we incur any liability as a result of any similarities to the Materials that may appear in any future products or services.

If you provide any suggestions, ideas, or feedback (Feedback) with respect to the Services, you hereby grant us and our affiliates a worldwide, perpetual, irrevocable, transferable, nonexclusive, royalty-free license to use and exploit that Feedback for any purpose.

You shall not submit to us anything you deem confidential. Under no circumstances will we be required to treat any Materials or portion thereof as confidential unless we have entered into an appropriate confidentiality agreement.

9. Acceptable Use Policy

Your Materials must adhere to all guidelines, rules, standards, and other requirements we set forth. You agree not to post or submit any Materials or use the Services in a manner that violates any posted code of conduct, Privacy Policy, or that otherwise:

We reserve the right to suspend or terminate your access to the Services and seek other legal or equitable remedies upon becoming aware of any violation of these Terms by you.

10. Term and Termination

These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Services and Content. We may terminate these Terms for any reason by providing you at least 30 days’ advance notice. We may terminate these Terms immediately upon notice to you if you materially breach certain specified sections, or to comply with law or government requests. Provisions that by their nature should survive termination shall survive.

11. Warranty Disclaimer

THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, BE TIMELY OR SECURE, OR BE FREE FROM ERRORS, MALWARE, OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND, ACCORDINGLY, SUCH LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED ARE UNAFFECTED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA.

13. Indemnity

You agree to indemnify, defend and hold harmless us and our affiliates, successors, assigns, and representatives from and against all claims, liabilities, losses, damages, and expenses arising out of or related to your use or misuse of the Services; your breach of these Terms; Materials submitted; or your violation of any laws. We reserve the right to assume the exclusive defense of any matter subject to indemnification, and you agree to cooperate with us.

14. Release of Claims

You hereby release us and our affiliates, successors, and assigns from and against any and all claims, liabilities, losses, fees, or damages arising from your use of the Services or Content, any use of your Materials, or our exercise of any rights granted to us under these Terms.

15. Governing Law

All questions concerning the construction, validity, enforcement, and interpretation of these Terms shall be governed exclusively by the laws of the State of California, without giving effect to any choice of law rules.

16. Binding Arbitration and Class Action Waiver

To the fullest extent permitted by law, you and we agree to arbitrate any controversy, claim or dispute arising out of or related to your use of the Services or Content. EACH PARTY IS GIVING UP ITS RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. You and we agree that any arbitration shall be on an individual basis and that the arbitrator may not preside over any form of class or representative proceeding.

Either party may initiate arbitration by providing the other party with written notice in sufficient detail. Unless otherwise agreed, arbitration will be conducted in the county where you reside by a single neutral arbitrator according to AAA rules. The arbitrator shall issue a written award, and judgment on the award may be entered in any court with jurisdiction. If this clause is held unenforceable, disputes shall be heard in a court of competent jurisdiction in San Francisco, California.

17. General Terms

You are an independent contractor; these Terms do not create a partnership or agency relationship. No failure to enforce any provision shall constitute a waiver. If any portion of these Terms is deemed unenforceable, it will be modified to the extent necessary to be enforceable, and the remaining provisions shall remain in effect. This is the entire agreement relating to the subject matter herein.

18. Electronic Communications

These Terms and any notices or communications between you and us are provided electronically, and you agree that all agreements, notices, and other communications satisfy any legal requirement that such communications be in writing. Please save a copy for your records.

19. How to Contact Us

If you have any questions about these Terms, please email us at termsofservice@nitro.bio.