This Terms of Use Agreement (“Terms”) governs the use of the Ethyreal Bio, Inc. (“Ethyreal”) Website (“Website”).

PLEASE READ THE FOLLOWING TERMS CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ETHYREAL THAT CONDITIONS YOUR USE OF THE WEBSITE.

ACCEPTANCE OF TERMS

These Terms provide you with a limited, personal, revocable, nonexclusive, nontransferable license to use this Website and access and view the content and materials made available on this Website, conditioned on your continued compliance with these Terms.

By accessing or using, this Website, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access, use, or download materials from this Website.

PRIVACY NOTICE

To make an informed decision about using the Website, we encourage you to read our Privacy Statement, which can be found at ethyrealbio.com/privacy-policy. By using this Website, you consent to Ethyreal’s collection and use of your personal data in compliance with our Privacy Statement.

CHANGES

Ethyreal may modify this Website and the Terms governing its use at any time without prior notice. When these Terms are modified, the date of the latest revision will appear at the top of this page. Any such changes or modifications will be effective immediately upon posting of the revisions on the Website. By continuing to use the Website after the modified Terms are published, you signify your agreement to the modified Terms.

INTENDED AUDIENCE

This Website is intended for individuals over the age of 18, who are residents of the United States and its territories. It is not intended for use by children. Ethyreal makes no claim that this Website is appropriate for access or use by individuals outside of the U.S. If you access this Website from outside of the United States or in a territory where the content of this Website may be illegal, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

SCOPE OF USE

Ethyreal allows you to view and use the Website according to the Terms for your informational, non-commercial use. Using this Website to evaluate whether to enter into or continue a business relationship with Ethyreal shall not constitute a commercial use. Except as otherwise provided herein, no part of any content or software on the Website may be sold, transferred, assigned, licensed, sublicensed, modified, copied, downloaded or stored in a retrieval system for any other purpose, nor may it be reproduced or redistributed for any purpose, without the express written permission of Ethyreal. Ethyreal may discontinue, change, or restrict your use of the Website for any reason without notice.

NO MEDICAL OR PROFESSIONAL ADVICE

This Website is intended for informational and educational purposes only. We do not guarantee the material on our Website(s) is complete and/or reflects the most current developments. This Website does not provide, and should not be relied on, for legal, medical, or other professional advice. The information contained herein should not be regarded as a substitute for actual medical care or advice rendered by a physician or any other qualified healthcare professional. Individuals who have specific questions related to their condition or care, or who may require diagnosis or treatment, should contact their healthcare provider.

FORWARD-LOOKING STATEMENTS

This Website contains statements that are not historical facts and may be forward-looking statements that are subject to risks, uncertainties and other factors that are difficult to predict and not necessarily within Ethyreal’s ability to control and which may cause actual results to differ materially from those expressed or implied. Such statements may include objectives, intentions, and/or expectations related to Ethyreal’s business, finances, plans, operations, events, product developments and potential, pipeline, outcomes of clinical trials, regulatory actions, and other statements related to future performance. Forward-looking statements may use words such as “may,” “will,” “expect,” “anticipate,” “believe,” “intend,” “plan,” “estimate,” “potential,” “project,” or similar expressions. Ethyreal is under no obligation to, and expressly disclaims any such obligation to, update or alter any forward-looking statements. Do not place undue reliance on any forward-looking statements.

INTELLECTUAL PROPERTY RIGHTS

The structure, code, and organization of this Website (including but not limited to all information, content, features, and functionality, and the design, selection, and arrangement thereof) is the property of Ethyreal and its licensors. This Website contains material, including but not limited to software, text, graphics, displays, images, video, and audio (collectively, the “Content), which is protected by U.S. and international copyright, trademark, and other intellectual property laws. The Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without Ethyreal’s prior written permission.

The trademarks, service marks, and logos owned by Ethyreal that are used and displayed on this Website are registered and unregistered trademarks or service marks of Ethyreal. Other company, product, and service names located on the Website may be trademarks or service marks owned by third parties. You must not use such marks without the prior written permission of Ethyreal or the applicable owner. Unauthorized use of any trademark displayed on this Website may violate federal and state trademark laws. Except as expressly provided in these Terms, nothing contained in this Website grants or shall be construed as granting a license or express or implied rights to you under any patent, trademark, copyright, or other intellectual property of Ethyreal or any third party. All rights are reserved by the owners of each trademark, service mark, logo, or other intellectual property, except as otherwise described herein.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to:

Ethyreal reserves the right to terminate your access for any violation of these Terms.

THIRD PARTY WEBSITES AND LINKS

This Website may contain links or references to other websites operated by third parties that are not under Ethyreal’s control. These links or references are provided for convenience only, and Ethyreal is not responsible for the content available on any other Internet sites linked to this Website. In addition, these links or references are not an endorsement by Ethyreal of any material on any other website, and Ethyreal disclaims all liability with regard to your access to such linked websites or references. When you leave this Website, understand our terms and policies no longer govern. As such, you should review any and all applicable terms and policies of any website to which you navigate from this Website. Access to and use of any other Internet sites linked to this Website is at your own risk.

LINKING TO THE WEBSITE

You may link to our homepage only so long as the link is not misleading and does not imply any relationship with or endorsement by Ethyreal. Framing, deep-linking, or linking to any page other than the homepage is prohibited without our prior written consent. Ethyreal may revoke linking permission at any time without notice.

SUBMISSIONS

Any communications or content you submit, transmit, or otherwise provide to Ethyreal through our Website or email address provided on our Website, including any feedback, suggestions, ideas, comments, inquiries or other information, will be treated as non-proprietary and non-confidential, and Ethyreal will have no obligation of any kind with respect to such submissions. By making a submission to us, you represent and warrant that you own or otherwise control the rights to your submission and hereby grant us a nonexclusive, royalty-free, fully paid up, perpetual, transferable, irrevocable, and fully sublicensable right to reproduce, use, disclose, and distribute the information to others without limitation. You also acknowledge that we may use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products incorporating such information.

You further represent and warrant that you will not use a fake email address, impersonate any person or entity, or otherwise mislead us as to the origin of any submission and that such submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, any form of “spam” or any threatening, harassing, libelous, false, defamatory, offensive, obscene or pornographic material, or other material that would violate any applicable law or regulation.

SOCIAL MEDIA

Ethyreal may use social media accounts. Any communications with Ethyreal through your social media are subject to the terms and privacy policies of the applicable platform, in addition to this Agreement. You should not share any information through social media that you would not want made publicly available. Content you provide to us via social media may be used by Ethyreal without restriction, compensation, or obligation of any kind. Ethyreal does not provide medical advice, diagnosis, or treatment via social media.

DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. ETHYREAL MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THIS WEBSITE AND THE CONTENT AVAILABLE ON IT IS AT YOUR SOLE RISK.

ETHYREAL DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR IS FREE OF COMPUTER VIRUSES. YOU ARE SOLELY RESPONSIBLE FOR TAKING THE NECESSARY PRECAUTIONS TO ENSURE CONTENT YOU OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES.

THE ABOVE EXCLUSIONS OF CERTAIN WARRANTIES MAY NOT APPLY IN ALL JURISDICTIONS. IN SUCH JURISDICTIONS, THE LIABILITY OF ETHYREAL SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

YOUR USE OF THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE IS AT YOUR OWN RISK. ETHYREAL, FOR ITSELF AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND THIRD-PARTY PARTNERS (COLLECTIVELY, THE “ETHYREAL PARTIES”), DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE THIS WEBSITE OR ITS CONTENT.

UNDER NO CIRCUMSTANCES WILL THE ETHYREAL PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (A) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES; (B) LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS; (C) LOST OR DAMAGED DATA; (D) DAMAGES ARISING FROM RELIANCE BY ANY PARTY ON CONTENT OBTAINED THROUGH THE USE OF THIS WEBSITE OR ANY LINKED WEBSITE; OR (E) DAMAGES ARISING FROM MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER.

WITHOUT LIMITING THE FOREGOING, THE ETHYREAL PARTIES WILL NOT BE LIABLE FOR DAMAGES CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE, VIRUSES OR OTHER THREATS THAT MAY INFECT YOUR COMPUTER EQUIPMENT, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO THIS WEBSITE OR RELATED INFORMATION OR PROGRAMS.

THE FOREGOING LIMITATIONS APPLY EVEN IF THE ETHYREAL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID, THE LIABILITY OF THE ETHYREAL PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ETHYREAL PARTIES FROM AND AGAINST ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, CLAIMS, ACTIONS, AND DEMANDS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR VIOLATION OF THESE TERMS OR YOUR ACCESS TO, OR USE OR MISUSE OF, THE CONTENT OR WEBSITE.

GOVERNING LAW

You agree that the laws of the Commonwealth of Massachusetts shall govern these Terms, without reference to its choice of law rules. Any legal action or proceeding based on, arising out of, or related to these Terms or your use of this Website (including any information it contains) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Massachusetts, and all parties waive any objection to the personal jurisdiction of and venue in such courts.

WAIVER

No waiver by Ethyreal of any term or condition in these Terms shall be deemed a continuing waiver or a waiver of any other term or condition. Ethyreal’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

TERMINATION

In the event that you violate any of these Terms, all rights granted to you under the Terms shall be terminated immediately, with or without notice.

SEVERABILITY

If any provision of these Terms is held invalid, illegal, or unenforceable by any court of competent jurisdiction, such provision shall be severable or limited to the minimum extent without affecting the enforceability of all remaining provisions, which shall remain in full force and effect.

ENTIRE AGREEMENT

These Terms, together with the Privacy Statement and any legal notices or other terms or conditions published on the Website, shall constitute the entire agreement between you and us concerning the Website.

QUESTIONS

This website is operated by:

Ethyreal Bio, Inc.
700 Technology Sq, FLR 3
Cambridge, MA 02139
United States

If you have any questions about these Terms, please contact us at: info@ethyrealbio.com.