Terms of Use

2. Object; Nature of the Website

We provide information about certain corporate activities and events as a convenience to you, but we do not guarantee the completeness or accuracy of the information provided on the Website, and we do not guarantee that all information we disclose will be provided on this Website. The Website may contain certain forward-looking statements based on current expectations, forecasts, and assumptions that involve risks and uncertainties. These statements are based on information available to us as of the date hereof, and our actual results could differ materially from those stated or implied, due to risks and uncertainties associated with our business.

The information on the Website is provided for general informational and educational purposes only and is not intended or recommended as a substitute for professional medical advice. Under no circumstances is the object of the Website to invite, advise, recommend, or suggest health decisions or actions to Users. Thus, Users who decide to access this Website, provide information and/or make medical or other healthcare decisions, do so on their own initiative and responsibility. Users should not alter any existing medication, treatment, or supplementation decision-making based on any information provided through this Website. Your access to or use of this Website is not intended to create any type of provider-patient or consulting provider relationship between Botanix and any User.

The Website may display, include or make available content, data, information, applications, plugins, products, services, resources, platforms, functionality or materials from third parties (including Content from our affiliates) or provide links to certain third-party websites, webpages, services, products, platforms or applications (collectively, “Third-Party Materials”). To the extent any Third-Party Materials include a product or service, you acknowledge and agree that we are not involved in any transaction involving any Third-Party Materials. Any activities in which you engage in connection with any Third-Party Materials may be subject to the privacy and other policies, terms and conditions of use, service and/or sale and rules issued by the provider of such Third-Party Materials, which we encourage you to review (and are not controlled by us). Third-Party Materials are provided solely as a convenience to you and should not be interpreted as approval or endorsement by us of those Third-Party Materials. WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF, OR THE CONSEQUENCES OF ACCESSING, USING OR PURCHASING ANY SUCH THIRD-PARTY MATERIALS AND DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR APPROPRIATENESS OF THE INFORMATION CONTAINED THEREIN. YOU USE AND INTERACT WITH ALL THIRD-PARTY MATERIALS AT YOUR OWN RISK.

3. Eligibility Use of the Website

In order to use the Website, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. The Website is not intended for children under the age of 18 and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old.

4. Website Content

We offer the following functionality through the Website. If you access the Website as provided above, then you may:

• access news articles, research reports and press releases relevant to Botanix’s business;
• access detailed information in connection with the Sofdra product;
• access investor, technology/pipeline and other corporate information in connection with Botanix’s business; and
• contact us through the Website.

5. Intellectual Property

All content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademark, patent, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to access and use the Website, and to view, copy and print content retrieved from the Website solely for your personal informational purposes; provided, however, that you do not remove or obscure any copyright notice or other notices displayed on the content. You may not use the Website to generate revenue or to distribute or redistribute any portion of the Website. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website will be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of our or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

6. Your Conduct on the Website

You will refrain from using the Website for any purpose forbidden by these Terms of Use and will comply with all applicable law and regulations. You may not without our prior written consent:

(i) copy, reproduce, rent, lease, loan or sell content retrieved from the Website;

(ii) modify, distribute, or re-post any content on the Website for any purpose; or

(iii) use the content of the Website for any commercial exploitation whatsoever.

Additionally, in using the Website, you will not:

(a) disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked website;

(b) disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked Website;

(c) upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;

(d) use, frame, or utilize framing techniques to enclose any of our trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website’s page) without our express written consent;

(e) reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website;

(f) use meta tags or any other “hidden text” utilizing our name, trademark, or product name without our express written consent;

(g) deeplink to the Website without our express written consent;

(h) use the Website to collect or store personal data about others;

(i) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;

(j) engage in any “scraping” activities, including but not limiting to the extraction or scraping of data from the Website via an automated process such as a bot or webcrawler, or bulk downloading or attempting to download a significant portion of our Website’s data or content in a short period; or

(k) use any data contained in or obtained from the Website to train any large language models or other forms of generative artificial intelligence.

7. Limitation of Liability; Disclaimer of Warranties

Limitation of Liability. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, OR OUR OFFICERS, EMPLOYEES, DIRECTORS, SERVICES PROVIDERS, SUPPLIERS, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY, “BOTANIX PARTIES”) BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR IF GREATER, ONE HUNDRED DOLLARS ($100).

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND IF YOU ARE A USER FROM SUCH JURISDICTIONS, THE SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF SUCH JURISDICTION. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF SUCH JURISDICTION, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. IF YOU ARE DISSATISFIED WITH YOUR USE OF THIS WEBSITE, WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Disclaimer of Warranties. EXCEPT WHERE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS EXPRESSLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT IT WILL BE FREE OF DEFECT. WE MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE PROVIDE INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTHCARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING, TREATING, PREVENTING, MITIGATING, OR DECIDING TO TAKE, OR NOT TO TAKE, ANY ACTION TO ADDRESS ANY HEALTH ISSUE OR MEDICAL CONDITION. WE DO NOT, THROUGH THE WEBSITE, IN RESPONSE TO INQUIRIES, OR OTHERWISE, PROVIDE MEDICAL ADVICE, PRESCRIPTIONS OR TREATMENTS. YOU SHOULD CONSULT YOUR HEALTHCARE PROVIDER FOR ALL MEDICAL ADVICE OR QUESTIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOTANIX OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

8. Indemnity

Except where otherwise inapplicable or prohibited by law, including in the state of Pennsylvania, to the fullest extent permitted by law, you agree to indemnify and hold harmless the Botanix Parties from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation arising out of or relating to your use of the Website or your breach of this Agreement.

9. Change of Control

We may assign, transfer, or sub-contract any of our rights or obligations under these Terms of Use to any third party at our discretion.

10. International Use of the Website and Language

This website is operated from and designed for use in the United States of America. If you use the Website from any country other than the United States, such use is entirely at your own responsibility and risk and you are exclusively responsible for ensuring compliance with the laws of the country from which you access the Website.

11. Governing Law and Jurisdiction

This Agreement has been made in and will be construed and enforced exclusively in accordance with the laws of the State of Delaware, without regard to principles of conflict of laws thereof. Any controversy (other than an individual action filed in small claims court) shall be filed only in the state and federal courts located in New Castle County, Delaware, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

12. Notice to California Users

Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD).

13. Contact Information

You may contact us at info@botanixpharma.com for general information, haley@hck.digital for media inquiries, and hhowlett@we-worldwide.com for investor inquiries. Botanix’s correspondence address in Australia is at Suite 3, 41-47 Colin Street, West Perth, WA, 6005, and in the United States, at 150 N Radnor Chester Rd., Ste. A210, Wayne, PA 19087-5277.