Acceptable Use Policy

This ACCEPTABLE USE POLICY (“AUP”) describes acceptable use of and access to the System offered by Cyrus Biotechnology, Inc. (“Cyrus”). BY ACCESSING OR USING THE SERVICES, YOU AGREE TO THE TERMS OF THIS AUP. If you violate this AUP or authorize or help others to do so, Cyrus may suspend or terminate your use of the System in accordance with the terms of the Cyrus Biotechnology Software as a Service Agreement (the “SaaS Agreement”).

Unless otherwise defined herein, all capitalized terms used within this AUP have the same meaning as ascribed to such terms in the SaaS Agreement.

PROHIBITED USE AND CONTENT. Customer may not upload content or use the System in a manner that Cyrus believes:
1. Violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”);
2. Violates or otherwise encroaches on the rights of others, including, but not limited to, infringing or misappropriating any intellectual property or proprietary right of another;
3. Modifies, alters, tampers with, repairs, or otherwise creates derivative works of any software included in the System;
4. Allows access to the System by third parties (except as permitted in the SaaS Agreement or herein);
5. Provides System passwords or other log-in information to any third party;
6. Shares non-public System features or content with any third party;
7. Allows access to the System in order to build a product or service competitive with the System, to build a product using similar ideas, features, functions or graphics of the System, or to copy any ideas, features, functions or graphics of the System;
8. Reverse engineers, disassembles, or decompiles the System or software included in the System;
9. Accesses or uses the System in a way intended to avoid incurring fees or exceeding usage limits or quotas;
10. Interferes with or disrupts the System or servers or networks connected to the System;
11. Attempts to gain unauthorized access to any portion of the System or any System Components, whether through hacking, password mining, or any other means;
12. Violates the security or integrity of a System Component, including, but not limited to:
a. Accessing or using any System Component without permission, including attempts to probe, scan, or test the vulnerability of a System Component or to breach any security or authentication measures used by a System Component. Security testing and scanning requires permission from Cyrus prior to Customer initiating such testing;
b. Monitoring data or traffic on a System Component without permission;
c. Forging packet or email headers, or any part of a message describing its origin or route;
d. Uploading content that contains viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code, or any other content that may compromise the System; or
e. Hacking, destabilizing, or adapting the System, or altering another website to falsely imply it is affiliated with the System;
13. Connects to any users, hosts, or networks where Customer does not have permission to communicate with such users, hosts, or networks, including, but not limited to:
a. Monitoring or crawling a System Component so that such System Component is impaired or disrupted;
b. Conducting denial of service attacks;
c. Intentionally interfering with the proper functioning of any System Component, including any deliberate attempt to overload the System by any means;
d. Operating network services like open proxies, open mail relays, or open recursive domain name servers; or
e. Using means (manual or electronic) to avoid any use limitations placed on a System Component, such as access and storage restrictions;

Cyrus has the sole discretion to determine whether Content or Customer’s use of the System is prohibited. All content that is provided to Cyrus or actions that are performed via Customer’s account, whether provided or performed by Customer’s employees, Customer’s contractors, or Customers’ Users, are the sole responsibility of Customer.

MONITORING AND ENFORCEMENT. While not obligated to perform investigations, in accordance with the terms of the SaaS Agreement, Cyrus may:
1. Investigate violations of this AUP or misuse of the System;
2. Investigate and help prevent security threats, fraud, or other illegal, malicious, or inappropriate activity;
3. Remove, disable access to, or modify any content or resource that Cyrus believes violates this AUP or any other agreement Cyrus has with Customer for use of the System; or suspend or terminate provision of System to Customer for uses that violate this AUP or any other agreement Cyrus has with Customer for use of the System.

Cyrus may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Cyrus’s reporting may include disclosing appropriate Customer information. Cyrus also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP.

REPORT VIOLATIONS. Customer can report abuse of this AUP to support@cyrusbio.com.

MODIFICATIONS TO THE AUP. Cyrus may, in its sole and absolute discretion, modify this AUP from time to time. Cyrus will post notice of such changes on Customer Cyrus the System or on www.cyrusbio.com. If Customer objects to any such changes, Customer’s sole recourse shall be to cease using the System. Continued use of the System following notice of any such changes shall indicate Customer’s acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

CONTACT US. If Customer has any questions or suggestions regarding this AUP, please contact
Cyrus at support@cyrusbio.com.

Privacy Policy

Cyrus Biotechnology, Inc. (the “Company”) is committed to maintaining robust privacy protections for its users. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our System.

For purposes of this Agreement, “System” refers to Cyrus’s Bench software as a service, made available via secure computing cloud, for protein modeling and design, including but not limited to “CAD” at bench.cyrusbio.com and “HM” at hm.cyrusbio.com and any other service included in the Bench package. It does not apply to any third party website or service linked to the System or recommended or referred to through the System or by Company’s staff.

The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of System. By subscribing to a plan for the System, you agree that you are accepting our Privacy Policy, and you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

1. INFORMATION WE COLLECT. We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. Personal Information includes data such as your name, email address, and billing information.

a. Information collected via Technology. In an effort to improve the quality of the System, we track information provided to us by your browser or by our System when you view or use the System, such as the time and date of access, you interactions our websites, and other information that does not personally identify you. One way that we track this information is by using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our Systems, both on an individual and aggregate basis. The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.

b. Information you provide us by subscribing to the System. In addition to the information provided automatically by your browser when you visit the System, to become a subscriber to the System you will need to provide us with customer information. By subscribing, you are authorizing us to collect, store and use this information.

c. Type of Information Collected. We collect the following types of information:
i. Basic contact information.
ii. Billing information.
iii. Information on your participation at corporate events.
iv. Your interactions with our websites and emails.
v. A log of your site usage including login time, length of login, server login (CAD or HM) and other user-level data is collected as part of our billing system. (“Derivative Data”).
vi. Data in electronic form input or collected through the System by or from Customer, including without limitation by Customer’s Users (“Customer Data”).

2. HOW WE USE AND SHARE INFORMATION.

a. Personal Information. Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent. We do share Personal Information with subscontractors and vendors who are performing Systems for the Company, such as the servers for our email communications who are provided access to user’s email address for purposes of sending emails from us. Those vendors use your Personal Information only at our direction and in accordance with our Privacy Policy. In general, the Personal Information you provide to us is used to help us communicate with you. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers.

b. Non-Personal Information. In general, we use Non-Personal Information to help us improve the System and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the System. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion. In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes to the System so that you may opt out of the new information practices. We suggest that you check the System periodically if you are concerned about how your information is used.

c. Customer Data. Unless it receives Customer’s prior written consent, Company: (a) shall not access, process, or otherwise use Customer Data other than as necessary to facilitate the functioning of the System; and (b) shall not intentionally grant any third party access to Customer Data, including without limitation Company’s other customers, except subcontractors that are subject to a reasonable nondisclosure agreement. Notwithstanding the foregoing, Company may disclose Customer Data as required by applicable law or by proper legal or governmental authority. Company shall give Customer prompt notice of any such legal or governmental demand and reasonably cooperate with Customer in any effort to seek a protective order or otherwise to contest such required disclosure, at Customer’s expense.

3. HOW WE PROTECT INFORMATION. The security and privacy of our Customer Data is a top priority at Cyrus. We adhere to state of the art industry practices for security and privacy of your data including administrative, physical and technical safeguards, as described in the Security Documentation, which will be provided to Customer upon request. Customer recognizes and agrees that hosting data online involves risks of unauthorized disclosure or exposure and that, in accessing and using the System, Customer assumes such risks.

4. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION. When we send a promotional communication to a User, the User can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail, or by contacting us at support@cyrusbio.com. Please note that notwithstanding the promotional preferences you indicate by unsubscribing, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.

5. LINKS TO OTHER WEBSITES. As part of the System, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the System. Therefore, this Privacy Policy does not apply to your use of a third party website. To the extent that you access or use the System through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.

6. CHANGES TO OUR PRIVACY POLICY. The Company reserves the right to change this policy and our Terms of System at any time. We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our site. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the System and this privacy page for updates.

7. CONTACT US. If you have any questions regarding this Privacy Policy or the practices of this System, please contact us by sending an email to support@cyrusbio.com.

Last Updated: This Privacy Policy was last updated on August 30, 2016.