Legal

Privacy Policy and HIPAA Policy

Last Updated: July, 2025

Arcade Therapeutics, Inc. (“Arcade”, the “Company,” “us,” “we,” “our,” “it,” or “its”) is committed to transparency in its data collection and sharing practices. Please read our Privacy Policy to understand how we will collect, use, disclose, and protect information about you. Arcade is developing applications that are digital therapeutics to be used for investigational purposes which can assist in a variety of ways, including to assist medical professionals in the treatment of mental health conditions such as anxiety and depression. The applications (“DTx”) can be downloaded on your mobile device. DTx is being provided under “enforcement discretion” and is not approved by the FDA. This Privacy Policy applies to DTx only and does not apply to the Arcade website generally. This Privacy Policy also describes how health information about you may be used, disclosed, and shared. Please review this carefully.

By providing your phone number to Arcade, you consent to receive text messages (SMS) from us, including but not limited to promotional, transactional, and service-related messages. Message and data rates may apply. You may opt out of receiving text messages at any time by replying “STOP” to any text message you receive from us or by contacting us at support@arcadetherapeutics.com.

Please note that we may continue to send you essential service-related text messages even if you opt out of marketing messages.

No Medical or Legal Advice

DTx allows you to input and store certain information about you, for the purpose of tracking mental-health related medical data (the “Data”). DTx is not your Provider. Arcade is the Provider’s Business Associate. 

DTx should be used for informational purposes only. No material contained within or provided through DTx should be construed as medical advice and/or treatment. Your Provider is the only individual qualified to provide medical advice and/or treatment and to interpret the Data that is inputted and stored by using DTx. DTx does not practice medicine and no physician or nurse to patient relationship is created as a result of you using DTx. 

IF YOU ARE EXPERIENCING A HEALTH EMERGENCY, CALL 911 OR YOUR HEALTHCARE PROFESSIONAL IMMEDIATELY.

IF ARCADE REASONABLY SUSPECTS THAT YOU MAY BE EXPERIENCING A MEDICAL EMERGENCY, OR MAY BE A DANGER TO YOURSELF OR ANOTHER PERSON, ARCADE RESERVES THE RIGHT, AND YOU EXPRESSLY AGREE, THAT ARCADE MAY CONTACT THE APPROPRIATE EMERGENCY SERVICES, INCLUDING CALLING 911, CONTACTING CHILD PROTECTION SERVICES, A SUICIDE HOTLINE OR OTHER APPROPRIATE SERVICE, CONSISTENT WITH OUR OBLIGATIONS UNDER HIPAA. ARCADE IS UNDER NO OBLIGATION TO MONITOR YOUR PROGRESS OR IDENTIFY ANY LIFE THREATENING BEHAVIORS OR CONDITIONS. WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS TAKEN BY YOU WHILE USING DTx. FAILURE TO ACT DOES NOT CREATE LIABILITY ON THE PART OF ARCADE.

Nothing contained or provided through DTx is intended or should be construed as legal advice or guidance. No attorney-client relationship is created between you and Arcade or its personnel. If you have any questions about any law, rule or regulation, or seek legal advice regarding your healthcare, you should contact your own legal counsel.

01. Scope of Privacy Policy:

Users of DTx can include patients or students (“clients”) of healthcare providers, schools or clinicians  (“Providers”). Arcade is not responsible for the data handling, privacy practices, or cybersecurity practices of any healthcare provider, school, clinician, or healthcare organization. This Privacy Policy only applies to the data collected and stored by DTx. 

This Privacy Policy summarizes participant information we may collect, receive, use, or share in connection with your use of DTx. It relates only to the data collected by use of DTx.

02. Informed Consent

By using DTx, you consent to the collection, use, and sharing of your information as described in this Privacy Policy and as outlined by any consent document provided to you by your Provider. To the extent anything in this Privacy Policy conflicts with a consent form, the terms of the consent form control.

Throughout this policy, Arcade may use the term “Provider” to refer to the entities that may have access to data collected from or about you through DTx. Arcade has no control over the information collected by any third-party, including a Provider. Arcade is solely responsible for data collected through DTx. It will not collect information related to a Patient beyond what is collected by DTx and described in this Privacy Policy.

03. Collection, Use, Disclosure of Information, and Retention of Data:

Personal information is data that can be used to identify or contact a single person. Certain personal information and non-personal information, as described below, may be collected from or about you as part of your healthcare treatment and/or use of DTx. The only information that Arcade will collect about you is an email address. While this does not constitute personal information, and in an overabundance of caution, Arcade is providing you with this Privacy Policy.

Arcade may also share the information collected through your use of DTx with Providers consistent with this Privacy Policy.

We will only collect information that you give to us, such as your email address, in app assessments and the use data and other analytical data (“Use Data”) automatically collected when you use DTx. Arcade will retain data as long as we are legally required to under applicable state and Federal law.

What information Arcade collects
When you enroll with Arcade and/or are requested by your healthcare provider and/or clinician to use DTx, you may be required to provide additional information to your healthcare provider and/or clinician. Arcade will not obtain any information from your Provider and/or clinician about you other than what is described below.

• First and last name, zip code, date of birth, and your email address
• Assessment Data, which includes in app assessments and any other user provided information about their mental health condition
• Use Data, i.e. Technical Data, which is not personal data. The Use Data will be associated and affiliated with the contact information you provide, e.g., your email address. Use data includes information about your app usage, app version and installation ID, device identifier, and technical data about your device such as operating system and model.

How We Use and Disclose Information Collected
Your email address may be used for the following purposes which includes:

• To register and provide you with your verification code to register with DTx
• To send push notifications by using device tokens
• To support your healthcare treatment
• For Arcade to offer you third-party products and services
• Push and email notifications based on DTx usage
• To gather feedback from users on their experience using DTx

The Use Data may be used for purposes including, but not limited to, the following:

• To support your healthcare treatment
• To develop and optimize therapeutic and health-related products
• To improve the usability of our DTx products

Service Providers
Arcade may share your information with companies who provide services for or on behalf of DTx, such as data storage or interpretation of de-identified analytical data. These companies are obligated to protect your information. Arcade may also share your email information with a third-party to provide additional services. Third-party services will be related to therapy or other behavioral-health related services and NOT for general marketing purposes. BY ACCEPTING THE TERMS OF THE PRIVACY POLICY AND USING THE SERVICES YOU SPECIFICALLY CONSENT TO RECEIVING EMAILS ABOUT THESE ADDITIONAL SERVICES.

Disclosure pursuant to law, regulation, legal process, or governmental request
Notwithstanding anything to the contrary in this Privacy Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our or our users’ rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including the government’s request to disclose your information.

04. Additional Information:

Age Restrictions/Use by Minors and Children
DTx is not for use by anyone under the age of thirteen (13) years of age. We do not knowingly collect information from individuals, including children, under the age of thirteen (13) years of age. If you have reason to believe that Arcade collected or is in possession of Personal Information from someone under thirteen (13) years of age, please let us know.

If Arcade learns it has collected the personal information of a child or anyone under thirteen (13) years of age, we will make every effort to delete the information as soon as possible. Please be advised that if you are under thirteen (13) years of age, do not attempt to use DTx, or send any information about yourself to Arcade. By using DTx, you represent you are eighteen (18) years of age or older.

Our Security Safeguards
Arcade takes reasonable measures related to data security. Arcade has established industry-recognized physical, administrative, and technical safeguards related to data it collects and stores. Arcade also makes every effort to ensure that data is securely transferred. Nevertheless, and despite even our best efforts, the security of data transmission over the Internet cannot be completely guaranteed. You should always take precautions regarding how you handle and disclose your personal information and should take precautions to avoid sending it through unsecure channels.

05. HIPAA Policies:

Clients will potentially disclose personal information considered protected health information (“PHI”) that is protected by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended, and the applicable provisions of the Health Information Technology for Economic and Clinical Health (“HITECH”) Act. In addition to this Privacy Policy, the HIPAA Notices of Privacy Practices of Providers applies to your PHI.

In collecting Personal Information, our Services may also collect PHI. Arcade makes every effort to protect Personal Information, and we are committed to protecting your PHI. If there is a breach of your PHI, Arcade is required by law to notify you. Your PHI will remain confidential and will only be disclosed to you or your personal representative, unless otherwise required by state or federal law. In all circumstances, but not in contravention to any requirements under law, Arcade will obtain affirmative authorization before using or disclosing your PHI. This protection extends to PHI that is oral, written, or electronic.

06. Privacy Rights:

Arcade is not your Provider. Notwithstanding, and in certain circumstances, you may have the following rights for any PHI that Arcade maintains:

• Inspect and Copy: In limited instances, you have the right to look at or obtain copies of your PHI that Arcade maintains, but you must make such a request in writing first. If Arcade does not have your PHI, but we know who does, we will tell you how to get it. Arcade will respond to you within thirty (30) days after receiving your written request. In certain situations, Arcade may deny your request. If we do, Arcade will tell you in writing our reasons for the denial and explain your right to have the denial reviewed when applicable. If you request a copy of your information, Arcade may charge you reasonable fees for the costs of copying, mailing, or other costs incurred by us in complying with your request. In certain circumstances, and instead of providing the PHI you requested, Arcade may provide you with a summary or explanation of the PHI as long as you agree and to the cost in advance. Note, you also have the right to access your PHI in an electronic format, to the extent we maintain the information in such a format, and to direct Arcade to send the e-record directly to a third-party. Arcade may charge for labor costs to transfer the information, as well as charge for the costs of electronic media if you request that Arcade provides you with such media.
• Request a Restriction: You may request in writing that Arcade not use or disclose any part of your PHI for the purposes of treatment, payment, or healthcare operations. Arcade will consider your request but is not legally required to accept it with exception in certain circumstances. You have the right to request that Arcade restrict the disclosure of your PHI to your health plan for a service we provide to you where you have directly paid us, i.e., out of pocket and in full, for that service, whereby we are required to honor your request. If Arcade accepts your request for a restriction, we will set forth any limits in writing and abide by those limitations except in emergency situations. Under express and certain circumstances, Arcade may terminate our agreement to a restriction.
• Amendment: You may request Arcade amend your health information if you believe it is incorrect or incomplete, so long as the information is maintained in our records. Your request must be in writing and provide Arcade with a valid reason which supports your request for such amendment. Arcade will respond within sixty (60) days of receipt of your written request. However, Arcade may deny your request if you ask us to amend information that is in our judgment: (a) accurate and complete; (b) not part of the PHI kept by or for Arcade; (c) not part of the PHI you would be permitted to inspect and copy; or (d) not created by Arcade, unless the individual or entity that created the information is not available to amend the information.
• Accounting of Disclosures: You have the right to get a list of instances where Arcade has disclosed your PHI. The list will not include uses or disclosures made for purposes of treatment, payment or health care operations, those made pursuant to your written authorization, or those made directly to you or your authorized representative. The list also will not include uses and disclosures made for national security purposes, or to corrections or law enforcement personnel. Arcade will respond within sixty (60) days of receiving your written request. The list Arcade will give you will include disclosures made in the last six (6) years, unless you request a shorter time. Furthermore, the list will include the date of the disclosure, to whom PHI was disclosed (including the address, if known), a description of the information disclosed, and the reason for the disclosure. Arcade will provide one (1) list during any twelve (12) month period without charge, but if you make more than one request in the same year, we will charge you a reasonable fee for each additional request.
• Notice by Email: You have the right to get a copy of this Notice by email. Even if you have agreed to receive notice via email, you have an additional right to request a paper copy of this Notice.

If you need to communicate with Arcade, we will do so by email or through the application, unless you specify otherwise to us in writing by contacting us at  support@arcadetherapeutics.com.

07. Privacy Policy Changes:

Arcade may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be available at: arcadetherapeutics.com/legal. For significant changes, we may also notify you through other channels, such as by email or in-app notifications. By continuing to access or use DTx after those changes become effective, you agree to be bound by the revised and/or updated Privacy Policy.

08. Entire Agreement:

This Privacy Policy makes up the entire agreement between the parties regarding Arcade’s privacy policies and therefore supersedes any prior agreements. If any portion of this Privacy Policy is found to be unenforceable, the remaining portion(s) will remain in full force and effect. Failure to enforce any part or section of this Privacy Policy will not be considered a waiver. Any amendment to or waiver of this Privacy Policy must be made in writing and signed by Arcade. You cannot transfer any of your rights or obligations under this Privacy Policy to anyone else without Arcade’s consent. All of Arcade’s rights and obligations under this Privacy Policy are freely assignable by us in connection with a merger, acquisition, sale of assets, operation of law, or otherwise. Nothing in this Privacy Policy shall prevent Arcade from complying with the law. This Privacy Policy does not confer any third-party beneficiary rights. Arcade reserves all rights not expressly granted to you.

09. Choice of Law:
This Privacy Policy will be governed by and construed under the laws of the State of New York, excluding only its conflict of law provisions. By using DTx, you hereby submit to the exclusive jurisdiction of the courts within the State of New York and waive any jurisdictional venue or inconvenient forum objections to such courts. Additionally, you agree to comply with any applicable federal, state, and local laws in your use of the Services. You likewise are subject to and agree with the Dispute Resolution Provisions, and all other requirements, limitations, and so forth that are stated in the Terms of Use.

10. How to Contact Arcade:
If you have any questions regarding this Privacy Policy, or any of our privacy practices, please contact Arcade at the postal or email address provided below. Arcade will keep a copy of your message until we have had an opportunity to address your concerns. Arcade may archive your message for a certain period of time or discard it, but your email address will not be used for any other purpose.

Arcade Therapeutics, Inc.
RE: Privacy Policy
1 Irving Place
Suite P8C
New York, New York 10003 USA
email: support@arcadetherapeutics.com

TERMS OF USE

EFFECTIVE DATE: January, 2025

Arcade Therapeutics, Inc. (“Arcade”) is developing applications that are digital mental health technologies or Digital Therapeutics Products (DTx) to be used in a variety of ways including to treat mental health conditions. The DTx applications (“Products”) can be downloaded on your mobile device. We use the terms “we”, “us”, and “our” to refer to Arcade and the Products. The terms “you”, “your” refer to you, the person using the Services, as a “User”.

When you use the Products, you acknowledge that you have read and understand these Terms of Use (“Terms”) and agree to comply with and be bound by them, including any changes we make to them from time to time. They may be modified at any time by us upon posting of the modified Terms. Any such modifications shall be effective immediately. You can view the most recent version of the Terms at any time on the Arcade website (the “Site”) or in the application for our Products. Each use of the Services by you shall constitute and be deemed your unconditional acceptance of these Terms.

If you violate the letter or spirit of these Terms, or otherwise create a risk or possible legal exposure to us, or for any other reason that we, in our sole discretion deem necessary, we can stop providing all or part of the services through the Products to you. We will notify you by the email you provided in your registration for the Products or at the next time you attempt to access your account of any termination of the Products.

Your access to and use of the Products is conditioned upon your acceptance of and compliance with these Terms, and any terms, policies, or guidelines referenced herein upon creating a User profile. These Terms apply to Users who access or use the Products. By accessing or using the Services, you agree to be bound by these Terms. By using the Services by accepting and agreeing to these Terms you also agree to receive email communications as set forth below.  

YOU MUST AFFIRMATIVELY CONSENT TO USE THE PRODUCTS, AND BY DOING SO, YOU CONSENT TO THESE TERMS OF USE AND ARCADE’S PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND PRIVACY, IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE PRODUCTS IN ANY MANNER OR FORM WHATSOEVER. 

Your refusal to accept these Terms or Privacy Policy will not affect your ability to obtain services from your healthcare provider. Arcade provides ancillary services to healthcare providers, but is not a healthcare provider itself. 

Arcade hereby incorporates by reference any additional terms, conditions and privacy notices to these Terms as if set forth fully herein.

ARCADE DOES NOT MONITOR THE EMAILS FROM THE SERVICES ON A REGULAR BASIS. IF YOU ARE EXPERIENCING A HEALTHCARE EMERGENCY CONTACT EMERGENCY SERVICES FROM YOUR HEALTHCARE PROVIDER AND/OR 911/988. ARCADE IS NOT RESPONSIBLE FOR ANY ACTIONS TAKEN BY A USER OF THE SERVICES RELATED TO THE TREATMENT AND/OR CARE OF THE USER. THE SERVICES ARE NOT FOR THE TREATMENT OF ANY MEDICAL OR MENTAL HEALTH CONDITION.

Modifications to Terms of Use
Arcade may, without notice, update, revise, or change the Terms or Privacy Policy at any time and for whatever reason. If any of those changes related to our arbitration provision or prohibition on class actions, the changes will apply to any dispute that arose prior to the applicable modification. For your convenience and information, the latest Terms and Privacy Policy are posted on the Site. 

YOU SHOULD REVIEW THE TERMS AND PRIVACY POLICY PRIOR TO USING THE PRODUCTS. BY CONSENTING AND CONTINUING TO USE THE PRODUCTS, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AS OF THE EFFECTIVE DATE INDICATED ABOVE. SINCE THESE TERMS AND THE PRIVACY POLICY ARE SUBJECT TO CHANGE, YOU SHOULD REGULARLY CHECK THE SITE FOR ANY CHANGES AND/OR UPDATES. 

Description of the Services
Arcade is developing its next-generation DTx whereby Arcade may apply to the Food and Drug Administration to review and clear the DTx where necessary (aka the Products) as prescribed treatments for targeted indications. Additional Products may be offered without an FDA Clearance for specific indications within the framework of wellness products. Currently the Products are being tested and studied to use the Products as treatments that may include algorithmically adaptive difficulty personalized to individual cognitive differences, engaging new gameplay mechanics, and medication management, clinical assessments, and remote therapeutic monitoring functionality to complement holistic mental health treatment. 

Users of the Products can include patients for certain healthcare providers. Any patient using the Products is provided access by their healthcare provider, and/or clinician and are registered as a patient. Patients, healthcare providers, and clinicians will have the opportunity to review the results of the activities that take place on the application for the Products (the “Activities”). The Activities are compiled, distributed and displayed by Arcade to the patient, healthcare provider, and clinician. Arcade does not control the results of the Activities provided by patients (“Patient Content”) that are made available by and through the Products. Patients are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Patient Content. 

Arcade is not responsible for, nor does it monitor the Patient Content. By using the Products, you agree to indemnify hold Arcade harmless for any actions or inactions that result from the use of the Products, or for any Patient Content. 

THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE HEALTHCARE OR MENTAL HEALTH SERVICES  OR A SUBSTITUTE FOR TREATMENT BY A QUALIFIED HEALTHCARE PROFESSIONAL PRODUCTS ARE NOT INTENDED FOR USE AS A STANDALONE THERAPY AND DO NOT REPRESENT A SUBSTITUTION FOR A PATIENT’S TREATMENT OR MEDICATION. ARCADE IS NOT RESPONSIBLE FOR THE EFFECTIVENESS OF ANY TREATMENT OR COURSE OF TREATMENT. THE INFORMATION ON THE SERVICES IS FOR ADVISORY PURPOSES ONLY AND IS NOT INTENDED TO SUPPLANT OR REPLACE THE TREATMENT OR CARE OF A LICENSED HEALTHCARE PROVIDER. 

Rules of User Conduct
As a condition to your right to access and use the Products, you agree to these Terms and to strictly observe the following rules of conduct (“Rules of Conduct”), you therefore agree to: 

• Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements.
• Provide accurate information in the Products and so that Arcade may contact you as necessary. 
• Update your information with us as necessary so that we can continue to provide the Products to you. 
• Review and comply with our Privacy Policy and these Terms. 
• Review and comply with notices sent by us concerning the Products.
• Consent to using your usage data to Arcade to improve the Products, 
• Consent to sharing your information with the healthcare providers and clinicians. 

In using the Products, you also agree that you WILL NOT: 

• Include, or try to include information in the Products, except in designated fields, that reveals any personal information or protected health information. Do not give Arcade any information beyond what we ask. 
• Use any information, data or content you view or obtain from our Products to provide any services that are competitive with us. 
• Use software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any part of the Products. 
• Access the Products for purposes of monitoring its availability, performance or functionality, or for any competitive purpose. 
• Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Products. 
• Access the Products by any means other than through the interfaces provided by us. 
• Override any security component included in or underlying the Products. 
• Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to, unsolicited communications to other users or our personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses. 
• Remove any copyright, trademark or other proprietary rights notices contained in or on the Products, including any of our notices or notices of our licensors, or any notices of any other users (for more information, see below under “Ownership and Copyright Notice”). 
• Collect, use or transfer any information, including any personal information, obtained from the Products, except as expressly permitted in the Terms or as the patient may expressly permit in writing.
• Interfere with or disrupt the Products, including but not limited to any servers or networks connected to the Products. 
• Infringe or use the Products or our brands, logos, trademarks or service marks, including, without limitation in any business name, email, or URL. 
• Include information through the Products that falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresents your affiliations with a person or entity, past or present.
• Engage in unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable.  
• Add to a data field any information that is not intended for such a field (i.e., submitting an email address in the “title” or any field other than a field requesting an email address).
• Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships, including without limitation any insider information, proprietary information or confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements. 
• Attempt to upload or download any software viruses, worms, or any other computer code, files or programs that interrupt, destroy, erase or limit the functionality of any computer software or hardware or telecommunications equipment. 

Arcade grants you a limited, revocable, non-exclusive, and non-transferable license to use the Products subject to these Terms. We are the author and/or authorized sub-licensor of certain materials owned and created by us or our licensors. We grant you a limited, revocable, non-exclusive, and non-transferable license to use the information, images, and other content provided by the Products (the “Materials”) solely for your own personal use, the use by a healthcare provider, clinician, or researcher and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use. You agree to not copy, reverse engineer, translate, port, modify or make derivative works of the Materials, break into the Products, or use the Materials or Products in violation of any law. Your use of the Products is at our discretion and we may terminate such use at any time. 

We reserve the right, and you authorize us, to use and assign all information regarding your use of the Products, and all information provided by you in connection with the Products, in any manner consistent with our Privacy Policy.

Privacy
Your use of the Products is also governed by our Privacy Policy. Please review our Privacy Policy at https://arcadetherapeutics.com/legal/.

Data Ownership
All content made available as part of the Products is and shall continue to be our property or that of our content suppliers and is protected by applicable copyright, patent, trademark, and other proprietary rights. Any copying, reproduction, modification, publication, uploading, or posting by you of any such content or any part of the Products is prohibited, except as expressly permitted by these Terms. Under no circumstances will you acquire any intellectual property rights, ownership rights, or other interest in any content by or through your use of the Products. We reserve any rights not expressly granted herein.

While We own the Products, and all data associated with the use of the Products, You own your data. Any personal or identifiable data input into the Products is and shall remain the property of the patient or study participant (i.e. the person who input the data). You grant Arcade a perpetual, non-exclusive, world-wide license to use that data to understand and improve the Products, subject to any requirements under Our Privacy Policy.

Arcade also collects usage data and other analytical data (“Use Data”) it derives from your use of the Products. Use Data is solely and exclusively the property of Arcade. 

Except where expressly provided otherwise in these Terms, all content, information and/or materials that you submit through or in association with the Services, including Patient Content, is subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here. Subject to the Privacy Policy, you agree that, by using the Products and providing Arcade your data and/or information, playing the games, and submitting Patient Content you:

• represent and warrant that Arcade use does not and will not breach any agreement, violate any law or infringe any third-party’s rights and is true and accurate in all respects; and
• grant Arcade all necessary rights, including a waiver of all copyright, trademark, service marks, privacy, right of publicity and moral rights, to use all Patient Content and/or materials, in whole or in part, or as a derivative work and/or research, without any duty by Arcade to anyone whatsoever.

Use by Minors/Children
The Services are intended for persons aged 18 years or older, and specifically not intended for any children under the age of 13. Such children should not use the Services. Minors are not permitted to use the Services without being under the direct supervision of a parent/guardian, or other responsible adult. Parents and other guardians or custodians may be granted access, subject to applicable law and appropriate verification, of information concerning their minor children. Adults should not assist minors in accessing the Services unless the minor is being supervised by a parent/guardian, or other responsible adult. When visitors enter information or use the Services, the User is representing that he/she is an adult over 18 years old. We will not communicate directly with a minor.

If you believe that a child under 13 may have provided us with any information, please contact us at support@arcadetherapeutics.com.

Contact by Arcade

Arcade may contact you by email once you sign up for the application and register for the Services. Arcade will not use emails for marketing purposes, but to apprise you of information about your use of the Services and/or other services available to you.The User can cancel receiving emails at any time by contacting Arcade or opting out at the bottom of any email. If you want to join again, just sign up as you did the first time and we will start emailing you again. If you have any questions regarding privacy, please read our privacy policy HERE. 

BY USING AND SIGNING UP FOR THE SERVICES YOU SPECIFICALLY AGREE AND CONSENT TO RECEIVE EMAILS FROM ARCADE AS SET FORTH ABOVE. 

Trademarks
The Products are protected by our trademarks or registered trademarks. Other product, service and company names mentioned as part of the Products (if any) may be trademarks of their respective owners.

Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Products. You further agreed that information provided by you in connection with the Products Is truthful and accurate to the best of your knowledge. You agree to comply with applicable data protection and data privacy laws in accordance with these Terms. To the extent that any of the work, the delivery of any products, or the performance of any Products by us involves the exchange of Personal Data that requires compliance by us with an existing Data Privacy Law you agree to notify us prior to the transfer of any such Personal Data. 

We provide the Products from a location in the State of New York, United States of America. You acknowledge and consent to the transfer and processing of any Personal Data by Arcade to and within the United States. We make no representation that the Products are appropriate for use in other locations. When you access the Products from New York and other locations, you are responsible for compliance with local laws. 

Limitation of Liability and Indemnification
You agree to indemnify, defend and hold harmless us and our partners, employees, and affiliates from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of these Terms or your use of the Products. You may not settle any dispute without our prior consent, which may be given only in a non-electronic writing signed by our authorized representative.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

YOU AGREE AND UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGES RELATED TO YOUR RELIANCE ON ANY INFORMATION CONTAINED IN OR RELATED TO THE Products. YOU ASSUME FULL RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE PRODUCTS.

NEITHER WE NOR ANY OF OUR SUBSIDIARIES, AFFILIATED COMPANIES, OFFICERS, EMPLOYEES, MEMBERS, OR DIRECTORS (“AFFILIATES”) SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, PAID BY YOU TO US DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER.

NEITHER WE NOR ANY AFFILIATE OF OURS SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

ARCADE DOES NOT PROVIDE ANY MEDICAL ADVICE OR DIAGNOSIS. ANY MEDICAL DIAGNOSIS, TREATMENT, OR ADVICE IS SOLELY BEING PROVIDED BY YOUR HEALTHCARE PROVIDER OR CLINICIAN. YOU AGREE TO INDEMNIFY AND HOLD ARCADE HARMLESS FOR ANY MEDICAL ADVICE OR DIAGNOSIS PROVIDED USING THE PRODUCTS. 

BY ACCESSING AND USING THE PRODUCTS YOU AGREE TO MAKE US, OUR AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND STRATEGIC PARTNERS WHOLE FOR ANY AND ALL CLAIMS, LOSSES, LIABILITIES, REGULATORY FINES/PENALTIES, AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, ARISING FROM AND RELATED TO ITS USE OF THE PRODUCTS OR ANY VIOLATION OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS. YOU AGREE TO PAY REASONABLE ATTORNEYS FEES RELATED TO US FOR THE ENFORCEMENT OF ANY PROVISION OF THESE TERMS.

Your Representations and Warranties
You represent and warrant that: (a) you possess the legal right and ability to agree to these Terms; (b) all information submitted by you in connection with the Products is true and accurate; (c) you are at least 18 years old; and (d) you will not use the Products for any purpose that is prohibited by these Terms.

Our Disclaimer of Warranties
THE PRODUCTS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE PRODUCTS IS AT YOUR SOLE RISK.  WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ALSO DO NOT WARRANT THAT THE FUNCTIONS OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND WE EXPRESSLY DO NOT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE PRODUCTS SHALL BE TO DISCONTINUE USING THE PRODUCTS.

Arcade Safety and Account Registration/Security
Users are responsible for safeguarding the password that they use to access the Products and for any activities or actions under his/her username and password. Therefore, you must not share or disclose your password with anyone. We recommend that you use a “strong” password for each account that is unique to you and one that is not used on any other service or account, e.g., a password that is not a dictionary term or other word, and combines numbers, upper case letters, lower case letters, and non-alphanumeric characters. You acknowledge that passwords may be compromised no matter how strong the password. We are not liable to you for any loss or damage arising from any third-party accessing or using your account without your permission, regardless of how the third-party accesses your account.

Please take precautions to protect your username and password and contact us at support@arcadetherapeutics.com if you believe your account has been accessed by an unauthorized person or compromised in any fashion.

Protecting Other People’s Rights
We respect other people’s rights and expect Users to do the same. You will not post content or take any action in connection with the Products that infringes or violates someone else’s rights or otherwise violates the law. We can remove any content or information from the Products if we believe, based solely on our judgment and within our sole and exclusive discretion, that it violates this statement, our policies or the spirit of our community. 

If we remove your content for any reason, and you believe we removed it by mistake, you have the ability to appeal that decision by sending an email to support@arcadetherapeutics.com, which explains why you believe that we should permit the content. It is within our sole and exclusive judgment whether the content is ultimately determined to be re-uploaded. If you repeatedly infringe other people’s legal rights, we reserve the right to disable your account.

Severability
If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by us must be in writing and signed by our authorized representative.

Termination
We may terminate these Terms at any time, with or without notice, for any reason.

Relationship of the Parties
Nothing contained in these Terms, nor your use of the Products, shall be construed to constitute either of us as a partner, joint venture, employee, or agent of the other, nor shall either of us hold ourselves out as such. Neither of us has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other, it being intended by both of us that each of us shall remain independently responsible for our own actions.

Jurisdiction and Venue
You agree that the laws of the State of New York, United States of America, without regard to conflicts of laws provisions, will govern these Terms and any dispute that may arise between you and us or our affiliates. You agree to subject yourself to the courts of the State of New York in the County of New York and hereby agree to waive your rights to a jury trial.

Dispute Resolution Provisions
These Terms shall be treated as though they were executed and performed in New York, New York, U.S.A. and shall be governed by and construed in accordance with the laws of the State of New York, U.S.A. (without regard to conflict of law principles). In the event of any conflict between U.S. and foreign laws, regulations and rules, U.S. laws, regulations and rules shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the PDT Terms and Conditions.

Should a dispute arise concerning Arcade, the Terms contained herein or the breach of same by any party hereto the parties agree to submit their dispute for resolution by binding arbitration before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association.

Any arbitration under these Arcade Terms will take place only on an individual basis; class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO ARCADE’S TERMS, YOU AND ARCADE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT. 

This provision prevents you from bringing, joining or participating in class action lawsuits:

• does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and
• is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Products.

Arcade makes no claim that Products may be lawfully viewed or that Content may be downloaded outside the U.S.A. Access to Platform may not be legal by certain persons or in certain countries. If you access the App from outside the U.S.A., you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

Entire Agreement
These Terms constitute the entire agreement between you and us, govern the terms and conditions of your use of the Products, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Products. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Products. We may revise these Terms at any time by updating them and posting them on the Products, or elsewhere accessible by you. Accordingly, you should review the Terms periodically to determine if any changes have been made. Your continued use of the Products after any changes have been made to the Terms signifies and confirms your acceptance of any such changes or amendments to the Terms.

Contact Information
Arcade Therapeutics Inc.
1 Irving Place, Suite P8C
New York, NY 10003
support@arcadetherapeutics.com