Terms and Conditions of Use of Ardynn Website and Tools

Effective November 21, 2024

These Terms and Conditions (“Terms and Conditions Agreement”) are incorporated herein by reference to PotentiaMetrics, Inc.’s (“PotentiaMetrics”) End User License Agreement (“EULA”). Together with the EULA and Exhibit B thereto (Privacy Policy), these documents comprise the entire agreement among the parties (collectively, the “End User License Agreement” or “EULA”) and govern your (sometimes referred to as “you,” “your,” or “yours”) access to and use of the patient-physician digital intervention services platform (the “Platform”). The Platform is made available via the PotentiaMetrics website located at www.ardynn.com and any other website owned or operated by PotentiaMetrics, Inc. (collectively, the “Site” or “Sites”), as well as all products and services related to the Platform, including subscription tools, digital intervention software or applications, downloadable software products, technical support, consultation, documentation, and data services.

Please read these Terms carefully. This Terms and Conditions Agreement is a legally binding agreement between PotentiaMetrics and you, personally, and any entity you represent while using the Platform. By accessing or using any part of the Platform, you confirm that:

1. You are authorized to use the Platform.
2. You have the authority to enter into this Terms and Conditions Agreement.
3. You have read, understood, and agreed to be bound by these Terms.

If you are not authorized to use the Platform, do not have the authority to enter into this agreement, or do not agree to these Terms, you must not access or use the Platform.

Permission Statement

PotentiaMetrics, Inc. grants permission to use Ardynn exactly as provided, without modification or editing, solely for end users with cancer. Ardynn provides tailored health information specific to clinical conditions and immediate needs to assist users in making informed decisions with their clinicians (the “Purpose”).

The Purpose does not include:

• Sale, distribution, or transfer of Ardynn or its copies for any consideration or commercial value.
• Creation of derivative works, including translations.
• Use of Ardynn as a marketing tool for the sale of any drug.

All copies of Ardynn must include the following notice: “Distributed with permission. Copyright 2024. Ardynn is a copyrighted instrument of PotentiaMetrics, Inc., Austin, Texas, All Rights Reserved.”

For any other intended purpose, please contact admin@ardynn.com.

Rights and Responsibilities of Users

No Reproduction of Content

Users agree not to reproduce, duplicate, copy, sell, resell, redistribute, or exploit any information provided on the Ardynn website or through its services without prior written consent from Ardynn.

No Use of Automated Tools

Users must not use automated means to download, compile, or reconstruct information provided by the Service.

No Solicitation or Spam

Users agree not to solicit individuals listed on the Ardynn site or send unsolicited communications (“spam”). Solicitation of persons who have opted out of participation or disclosure of personal information violating privacy laws is strictly prohibited.

No Harassment or Objectionable Use

Users must not harass, threaten, or engage in any objectionable communication with others on the Ardynn platform. Ardynn reserves the right to address such conduct, including taking action requested by applicable authorities.

No Defamatory, Objectionable, or Infringing Material

Users must not post content that:

• Is defamatory, libelous, or infringes upon others’ rights.
• Violates copyright, trademark, or proprietary rights without permission.
• Promotes illegal activity or violates applicable laws.
• Contains harmful programming, such as viruses or worms.

Ardynn reserves the right to determine what constitutes offensive or objectionable content.

Provision of Accurate Information

Users agree to provide truthful and accurate information and not to misrepresent themselves.

No Commercial Use of the Service

Users may not use the Service for unauthorized commercial purposes, solicitation, or advertising.

Compliance with Laws

Users must comply with all applicable laws and regulations while using the Service.

Ardynn’s Responsibilities

Protection of Information

Ardynn will make reasonable efforts to protect user information in compliance with its Privacy Policy. However, certain disclosures may occur as required by law or to maintain service functionality.

Modification of Service

Ardynn reserves the right to modify or discontinue the Service at any time without notice.

Links to Other Websites

Ardynn may provide links to third-party websites. These links are for convenience only and do not imply endorsement. Users access such websites at their own risk.

Disclaimer of Warranties; Limitation of Liability

The Platform is provided “AS IS” and “AS AVAILABLE” for general informational purposes. Ardynn does not warrant the accuracy, completeness, reliability, or suitability of the Platform for any particular purpose. Use of the Platform is at your sole risk.

Ardynn, PotentiaMetrics, and collaborators are not liable for any damages arising from the use or inability to use the Platform, including direct, indirect, incidental, or consequential damages.

Indemnification

You agree to indemnify and hold harmless PotentiaMetrics, Ardynn, its officers, employees, agents, collaborators, and affiliates from any claims, liabilities, or damages arising from your violation of these Terms or misuse of the Platform.

Miscellaneous Terms

• These Terms are governed by the laws of the State of Texas.
• Any disputes shall be resolved in the state or federal courts of Texas.
• PotentiaMetrics reserves the right to modify these Terms at any time by posting updated terms on the Site.
• Users are responsible for maintaining the confidentiality of their account information.
• Contact PotentiaMetrics at admin@ardynn.com for questions or support.

History of Updates/Changes

• Originally added on July 30, 2019
• Updated on December 30, 2019
• Translated into Spanish and Russian on July 27, 2021
• Updated for rebrand to Ardynn and Capire360 on November 21, 2024