END USER LICENSE AGREEMENT FOR KEDPLASMA DONOR APP

THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND KEDPLASMA LLC (“KEDPLASMA” or “WE” or “US”). KEDPLASMA IS WILLING TO LICENSE THE KEDPLASMA DONOR APP MOBILE APPLICATION (THE “APP”) ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (“AGREEMENT“). PLEASE READ THE TERMS CAREFULLY. YOU MUST AGREE TO ALL OF THE TERMS IN THIS AGREEMENT IN ORDER TO USE THE APP. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.

IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT, AS FURTHER SET FORTH IN SECTION 11 BELOW, REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT USER IS GIVING UP THE RIGHT TO SUE IN COURT OR IN CLASS ACTIONS OF ANY KIND.

Account Registration. The App may require you to register for an account (“Account”) by providing your email address, phone number, a password for your account, your first and last name, and/or other information from time to time. You are responsible for maintaining the confidentiality of your Account details and you are fully responsible for all activities that occur under your Account. Your Account must be used only by you and must not be shared with or transferred to any other individual. You must immediately notify Kedplasma at [email protected] of any suspected or actual unauthorized or fraudulent use of your Account or any other breach of security.
Privacy Policy. You acknowledge and agree that our App Privacy Policy, as may be amended by us from time to time, applies to your use of the App. You acknowledge and agree to the collection, use, disclosure, and other processing of personal information described in the Privacy Policy.
Software License. Kedplasma grants to you a nonexclusive, nontransferable license to install, copy, and use the executable version of the App, and any accompanying documentation provided therewith (“Documentation“) solely for your own personal needs pursuant to the terms and conditions of this Agreement. Each license to install and use the App is conditioned upon your compliance with the terms of this Agreement. Each App license allows you to install and use the App on a single Device, provided that backup copies may be stored on one or more other Devices so long as they are used solely for archival and backup purposes. For the purposes of this Agreement, “Device” means a computer hardware system (whether physical or virtual) with a storage device or a mobile device capable of running the App. A hardware partition or blade is considered to be a Device. For each license, you may change the Device, but the App may only be installed and used on one Device at any time. If you would like to install and use the App concurrently on multiple Devices, then you will need to obtain multiple licenses.
Restrictions.
1. The App may be used only with Devices running the operating system software specified on the website or in the marketplace from you which you downloaded the App. Your license to use the App is limited to the use of the object code of the App. You agree that you shall not directly or indirectly, either yourself or by assisting a third party, copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, rent, lease, loan, assign, sublicense, grant a security interest in or otherwise transfer any right in the App, except as expressly permitted hereunder. You agree that Kedplasma may audit your use of the App for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the App by you other than in full compliance with the terms of this Agreement, you shall reimburse Kedplasma for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance. Any distribution, transfer, or posting of the App made in violation of the requirements, conditions, or restrictions of this section will be void and may result in termination of this Agreement and your licenses.
2. Kedplasma may collect information for fraud and piracy prevention including the number of downloads or installations of the App, through a “call-home” system which may be sent to a Kedplasma or a third party cloud server for storage or further processing by Kedplasma or its vendors that provide license compliance services or otherwise. Such information may include the IP address, Device, session ID, and information about the Account. The App may include technology designed to prevent unauthorized use and copying. Failure to follow the validation, installation, or license management process for the App may result in such technology preventing the use of the App. In addition, Kedplasma may utilize monitoring and scouring technologies to obtain and transmit data on users of illegal and/or unauthorized copies of the App.
Content.
1. Kedplasma may provide certain information, data, and other content on or through the App (the “Kedplasma Content”), which may include details, information, opportunities, offers, and the like related to KEDPLASMA LOYALTY PROGRAM (the “Loyalty Program”). The Loyalty Program is governed by the KEDPLASMA LOYALTY PROGRAM.
2. The App may from time to time include, feature, or link-to information, data, and other content or websites from third parties (collectively, the “Third Party Content” and together with the Kedplasma Content, the “Platform Content”). You acknowledge and agree that the Platform Content is intended merely to provide available information to you. For the avoidance of doubt, Kedplasma does not approve or endorse, is not responsible or liable for, and makes no representations as to any Third Party Content or third parties, products, or services included within the Kedplasma Content. The inclusion of any such link or such content does not and shall not be interpreted to imply any association, sponsorship, endorsement, or affiliation with any third party, unless expressly stated by Kedplasma. Kedplasma shall have no liability whatsoever in connection with any Third Party Content. Use of any third-party website shall be governed by terms of use or other applicable legal conditions of such website. Kedplasma is not an agent, distributor, re-seller, or broker or otherwise responsible for the activities or policies of any third-party websites or their products, services, or operators, including those included in or referenced by any Platform Content.
3. NEITHER PLATFORM CONTENT NOR ANY OTHER INFORMATION OR PART OF ANY SERVICES PROVIDED BY KEDPLASMA MAY BE CONSIDERED OR DEEMED TO CONSTITUTE MEDICAL ADVICE. THERE MAY BE RISKS ASSOCIATED WITH THE DONATION OF BLOOD AND PLASMA, YOU ACKNOWLEDGE THAT EVEN IF INFORMATION PROVIDED TO YOU THROUGH THE APP OR OTHER SERVICES APPEARS TO BE MEDICAL ADVICE, (A) SUCH INFORMATION IS NOT MEDICAL ADVICE AND (B) UNDER NO CIRCUMSTANCES SHOULD YOU RELY ON SUCH INFORMATION WITH RESPECT TO THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION OR OTHERWISE. IF YOU NEED MEDICAL ADVICE, YOU SHOULD CONTACT YOUR PHYSICIAN. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD CALL 911 OR SEEK TREATMENT FROM THE NEAREST EMERGENCY DEPARTMENT. NEITHER THE APP NOR ANY PLATFORM CONTENT IS INTENDED TO TREAT OR PREVENT ANY MEDICAL CONDITION. ALL CONTENT AVAILABLE THROUGH THE APP IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. USE OF THE APP OR ANY OTHER SERVICE PROVIDED BY KEDPLASMA DOES NOT CREATE ANY PHYSICIAN-PATIENT RELATIONSHIP.
Intellectual Property Ownership. The license of the App is not a sale. Title, ownership rights, and intellectual property rights in and to the App and Documentation shall remain in Kedplasma, including with respect to all improvements, modifications, and derivative works thereto. Kedplasma shall own all intellectual property rights related to any feedback, comments, or suggestions you provide to Kedplasma with respect to the App, Documentation, and Content, and you hereby assign all such intellectual property rights to Kedplasma. You agree to abide by the copyright laws and all other applicable laws of the United States. Failure to comply with the above restrictions will result in automatic termination of this license and will make available to Kedplasma other legal remedies. You may not disclose any of Kedplasma’s proprietary or trade secret information relating to the App to any third party. You agree to secure and protect the App, Documentation, and copies thereof in a manner consistent with the maintenance of Kedplasma’s rights therein.
Deleting Your Account. You can delete your Account and terminate your App licenses at any time by emailing us at [email protected]. Once your Account has been deleted, all App licenses under your Account will be terminated and the App will be deactivated. You will no longer have access to the App, including any and all content within the App.
Termination of Your Account by Kedplasma. We reserve the right to modify, temporarily suspend or permanently delete your Account and terminate your App license(s) for any reason, including without limitation if Kedplasma has reason to believe that you have breached or acted inconsistently with the terms of this Agreement or any other instructions of Kedplasma. Following termination, all App licenses under your Account will be automatically revoked and Kedplasma reserves the right to delete your Account and all of your Account information, including any and all content within the App.
No Representations or Warranties. You understand and agree that the App is provided “as is” and that your use of the App is at your own risk. To the fullest extent permitted by applicable law, Kedplasma MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE APP, THE KEDPLASMA CONTENT, AND THE DOCUMENTATION, INCLUDING WITH RESPECT TO ACCURACY, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. KEDPLASMA DOES NOT WARRANT THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR FREE. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KEDPLASMA, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability.
1. NEITHER KEDPLASMA NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE YOUR COMPUTER HARDWARE OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF OR RELATED IN ANY WAY TO THE USE OF THE APP (INCLUDING THE COLLECTION OR GENERATION OF OR ACCESS TO DATA THROUGH OR IN CONNECTION WITH THE APP AND THE USE, DISCLOSURE, AND OTHER PROCESSING OF DATA COLLECTED OR ACCESSED THROUGH OR IN CONNECTION WITH THE APP) OR INABILITY TO USE THE APP AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), SOFTWARE LIABILITY OR OTHERWISE, EVEN IF KEDPLASMA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
2. KEDPLASMA’S TOTAL AGGREGATE LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER AND FOR ALL CLAIMS AND DAMAGES WILL BE LIMITED TO THE GREATER OF THE MOST RECENT ANNUAL LICENSE FEE PAID BY YOU FOR THE APP THAT CAUSED THE DAMAGES OR ONE DOLLAR ($1). THIS LIMIT IS AN AGGREGATE LIMIT THAT WILL NOT INCREASE ACCORDING TO THE NUMBER OF CLAIMS BROUGHT BY YOU.
Indemnity. You agree to indemnify, defend, and hold Kedplasma, its officers, employees, contractors, suppliers, affiliates, agents and licensors harmless from and against any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to, or arising out of your use of the App or your breach of this Agreement.
Governing Law; Mandatory Arbitration; Class Action Waiver. This Agreement is to be construed and governed in accordance with the internal laws of the State of New York without reference to conflict of law principles.
This arbitration provision provides for binding arbitration of all Claims by either you or us against the other if either you or we choose to refer the Claim to arbitration. A “Claim” covered by this provision is any claim, dispute or controversy by either you or us against the other, arising from or relating in any way to this Agreement, the App, your Account, the App Privacy Policy, our relationship, data collected, accessed, or generated through or in connection with the App and the use, disclosure, and other processing of such data, or products or services provided by us or a third party in connection with this Agreement or your Account, including (without limitation) claims, disputes, or controversies based on contract, tort (including intentional torts), fraud, agency, negligence, statutory or regulatory provisions or any other source of law and (except as otherwise specifically provided in this Agreement). All issues shall be for the arbitrator to decide except issues related to the scope, enforceability, interpretation, or formation of this arbitration agreement, which shall be for the court to decide.
In arbitration, a neutral arbitrator—not a judge or a jury—decides whether to award relief. Procedures are also simpler in arbitration than in court. For example, discovery is more limited. Review of the arbitrator’s decision by appeal is also limited (as described below in this arbitration provision). You and we agree that all Claims must be arbitrated on an individual basis between you and us, and not on a class, representative, or any other kind of collective basis. As a result, class actions and other representative or collective basis proceedings are not available for resolution of Claims. Apart from Claims arising from the same Account, no claims may be joined together in the arbitration. The arbitrator shall not have any authority to entertain a claim, or to award any relief, on behalf of or against anyone other than a named party to the arbitration proceeding.
TO BE CLEAR, ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT. IN ARBITRATION YOU AND WE WILL NOT HAVE THE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION. ALL OF THESE RIGHTS ARE WAIVED AND ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION.
If any Claim is advanced in a court, arbitration may be elected under this provision instead, and the right to elect arbitration shall not be deemed to have been waived if the election is made at any time before commencement of trial. Notwithstanding the above, you and we both agree that neither of us waive or limit our rights to (a) bring an individual action in a U.S. small claims court, (b) bring an individual action that relates to intellectual property rights, or (c) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator.
The arbitration shall be administered by the American Arbitration Association (the “Administrator”). The Administrator provides information about arbitration, its arbitration rules and procedures, fee schedule and claims forms at its web site or by mail as set forth above. The arbitration hearing may be conducted in person, by telephone, or based on documents, as appropriate. The Administrator will apply the rules and procedures in effect and applicable to the claim at the time the arbitration is filed. The Claim will be heard before a single arbitrator. The arbitration will not be consolidated with any other arbitration proceedings. The Administrator shall resolve each dispute in accordance with applicable law.
If you commence arbitration, you must provide us the notice required by the Administrator’s rules and procedures. The notice may be sent to us as set forth in Section 13 below. If we commence arbitration, we will provide you notice as set forth in Section 13 or otherwise at your last known address. Any in-person arbitration hearing at which you appear will take place at a location within the federal judicial district that includes your address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. No class actions, joinder or consolidation of any Claim with a Claim of any other person or entity shall be allowable in arbitration, without the written consent of both you and us. In the event that there is a dispute about whether limiting arbitration of the parties’ dispute to non-class proceedings is enforceable under applicable law, then that question shall be resolved by litigation in a court rather than by the arbitrator; and to the extent it is determined that resolution of a Claim shall proceed on a class basis, it shall so proceed in a court of competent jurisdiction rather than in arbitration.
A party can appeal an arbitrator’s award pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”) within 30 days of the date of the issuance of the arbitrator’s award issuance. As specified in the Appellate Rules, a party may appeal on the grounds that the arbitrator’s award is based on an error of law that is material and prejudicial; or that the award is based on determinations of fact that are clearly erroneous. As further specified in the Appellate Rules, the decision by the appellate tribunal shall become the final award for purposes of judicial enforcement proceedings. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction. Judgment upon any arbitration award may be entered in any court having jurisdiction. We will pay, or reimburse you for, all fees or costs to the extent required by law or the rules of the arbitration Administrator. Whether or not required by law or such rules, if you prevail at arbitration on any Claim against us, we will reimburse you for any fees paid to the Administrator in connection with the arbitration proceedings. Under no circumstances will we seek from you payment or reimbursement of any fees that we incur in connection with arbitration. If you are required to advance any fees or costs to the arbitration Administrator, but you ask us to do so in your stead, we will consider and respond to your request.
This arbitration agreement applies to all Claims now in existence or that may arise in the future, and it survives the assignment or termination of this Agreement and your Account. Nothing in this Agreement shall be construed to prevent any party’s use of (or advancement of any claims, defenses, or offsets in) bankruptcy or repossession, replevin, judicial foreclosure or any other prejudgment or provisional remedy relating to any collateral, security or property interests for contractual debts now or hereafter owed by either party to the other under this Agreement.
For any Claim for which arbitration is not available, either as set forth above or as a result of this arbitration provision being held unenforceable under applicable law as to a particular Claim brought by one party against the other, then legal proceedings involving only that Claim may be instituted solely in the state courts of the State of New York or in the United States District Court for the Southern District of New York. For all purposes of this Agreement, all parties hereby irrevocably consent to the jurisdiction of such courts over their person and waive any defense based on improper or inconvenient venue or lack of personal jurisdiction.
Notices. All notices by Kedplasma to you in connection with this Agreement may be made by email with confirmation of response, registered mail, or overnight delivery service to the email address or other contact information provided by you in connection with your Account or may be disseminated by a general posting within the App. All notices to Kedplasma by you in connection with this Agreement shall be made by email with confirmation of response, registered mail, or overnight delivery service to KEDPLASMA LLC, 400 KELBY ST, FORT LEE, NJ 07024. All notices shall be effective upon receipt by the party to which notice is given. It is your responsibility to ensure that the contact information in your Account is accurate and up-to-date.
Amendment. Kedplasma may, in its sole discretion, amend or modify this Agreement from time to time, and continued use of the App shall be evidence of your agreement with and consent to any such amended or modified Agreement.
Miscellaneous.
This Agreement sets forth the entire agreement between you and Kedplasma pertaining to the licensing of the App, and supersedes in its entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.
Failure to enforce any provision of this Agreement will not constitute a waiver. Any waiver must be in writing and signed by the waiving party.
If any court having proper jurisdiction hereof shall subsequently determine any portion of this Agreement to be invalid or unenforceable, such portion shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. In the event of any conflict between any provision of this Agreement and any applicable law, the provision or provisions of this Agreement affected shall be modified to remove such conflict and permit compliance with such law and as so modified this Agreement shall continue in full force and effect.
This Agreement may not be assigned without the written consent of Kedplasma.

Effective: 12- December 2024