By accessing the website at https://www.crioonline.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Fees and Payments
2.1 Fees for Services
You agree to pay to CRIOONLINE any fees for each Service you purchase or use, in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify CRIOONLINE of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
Our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
2.3 Price Changes
CRIOONLINE may change the fees charged to you for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. CRIOONLINE will provide you with advance notice of any change in fees.
3. Your data
3.1. You Retain Ownership of Your Content
You retain ownership of all of your intellectual property rights in your Content. CRIOONLINE does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.
3.2. Limited License to Your Content.
You grant CRIOONLINE a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by the CRIOONLINE privacy policies. This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of CRIOONLINE’s business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide CRIOONLINE with feedback about the Services, we may use your feedback without any obligation to you.
4. Account Management
4.1 Keep Your Password Secure
If you have been issued an account by CRIOONLINE in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not CRIOONLINE, are responsible for any activity occurring in your account (other than activity that CRIOONLINE is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify CRIOONLINE immediately. Accounts may not be shared and may only be used by one individual per account.
4.2 Customer Success
CRIOONLINE may assign you a customer success manager (“CSM”). The CSM may review your use of the Services and your Content to help you to more effectively use the Services, including by providing reporting and usage insight.
5. Acceptable Uses
5.1 Legal Compliance
You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services.
5.2 Your Responsibilities
You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
- You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.
- You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
- You may not circumvent or attempt to circumvent any limitations that CRIOONLINE imposes on your account.
- Unless authorized by CRIOONLINE in writing, you may not probe, scan, or test the vulnerability of any CRIOONLINE system or network.
- Unless authorized by CRIOONLINE in writing, you may not use any manual or automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.
- You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
- You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. CRIOONLINE will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to CRIOONLINE.
- You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
- You may not register accounts by “bots” or other automated methods.
- You may not register accounts using fake or single use emails.
- Unless authorized by CRIOONLINE in writing, you may not resell or lease the Services.
- If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless CRIOONLINE has agreed with you otherwise.
6. Suspension and Termination of Services
6.1 By You
You can terminate your Subscription and delete your account at any time through your account management page or contacting our support team. Such termination and deletion will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Services. Terminations are confirmed immediately and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund unless you are terminating these Terms for any of the following reasons:
- we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing;
- a refund is required by law;
- we, in our sole discretion, determine a refund is appropriate.
6.2 By CRIOONLINE
CRIOONLINE may terminate your Subscription at the end of a billing cycle by providing at least 30 days’ prior written notice to you. CRIOONLINE may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. CRIOONLINE may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after CRIOONLINE has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, CRIOONLINE may limit, suspend, or terminate the Services to you: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) if we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive, depending upon the reason, we will endeavor to give you advance notice and an opportunity to obtain a copy of your Content from that Service. However, there may be time sensitive situations where CRIOONLINE may decide that we need to take immediate action without notice. CRIOONLINE will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. CRIOONLINE has no obligation to retain your Content upon termination of the applicable Service.
6.3. Further Measures
If CRIOONLINE stops providing the Services to you because you repeatedly or egregiously breach these Terms, CRIOONLINE may take measures to prevent the further use of the Services by you, including blocking your IP address or email address.
7 Changes and Updates
7.1. Changes to Services
CRIOONLINE constantly changes and improves the Services. CRIOONLINE may add, alter, or remove functionality from a Service it provides to you at any time without prior notice. CRIOONLINE may also limit, suspend, or discontinue a Service provided to you at its discretion. If CRIOONLINE discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to obtain a copy of your Content from that Service. CRIOONLINE may remove content from the Services it provides you at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
Downgrading your account plan may cause the loss of content, features, functionality, or capacity of your account.
8. Disclaimers and Limitations of Liability
While it is in CRIOONLINE’s interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY GUIDANCE OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND CRIOONLINE DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
8.2. Exclusion of Certain Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF CRIOONLINE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO CRIOONLINE FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
9. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Colombia and you irrevocably submit to the exclusive jurisdiction of the courts in that country.