Legal

Pipeline Products
Privacy Policy

Last Updated: February, 2023

Arcade Therapeutics, Inc. (“Arcade”, the “Company”, “us”, “we”, or “our”) takes the privacy and security of personal information very seriously. Please read our Privacy Policy to understand how we will collect, use, disclose and protect information about you. Arcade is developing applications that are prescription digital therapeutics (PDTs) to be used in a variety of ways including to treat mental health conditions. The PDT applications (“Pipeline Products”) can be downloaded on your mobile device. This Privacy Policy applies to the Pipeline Products ONLY and DOES NOT apply to the Arcade website generally.

01. Scope of Privacy Policy:
The Pipeline Products are being used as part of a clinical trial studies (“Clinical Studies”). Arcade is committed to protecting the privacy and security of the information provided by the participants in the Clinical Studies that is input into the Pipeline Products. Arcade is not responsible for the data handling, privacy practices, or cybersecurity practices of the entity that hosts the Clinical Studies, nor any healthcare provider, clinician, or healthcare organization. This Privacy Policy only applies to the data collected and stored by the Pipeline Products. For more information about what information is being collected about you through the Clinical Studies, please refer to Research Study Consent Form (the “Consent Form”) provided by the host of your clinical trial.

This Privacy Policy summarizes participant information we may collect, receive, use, or share in connection with your use of the Pipeline Products related to your participation in the Clinical Studies. It relates only to the data collected by use of the Pipeline Product.

02. Informed Consent
To participate in the Clinical Studies, you must first review and sign the Consent Form. By using the Pipeline Products, you consent to the collection, use, and sharing of your information as described in this Privacy Policy and as outlined in the Consent Form. To the extent anything in this Privacy Policy conflicts with the Consent Form, the terms of the Consent Form control.

Throughout this policy we may use the term “Study Team” to refer to all the entities that may have access to data collected from or about you through the Pipeline Products or as part of the Clinical Studies. Arcade has no control over the information collected by the Clinical Studies. We are solely responsible for data collected through the Pipeline Products. Arcade will collect no information related to a study participant beyond what is collected by the Pipeline Products and
described in this Privacy Policy.

03. Collection, Use and Disclosure of Information:
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 the Clinical Studies. The only information that Arcade will collect about you is an email address. While this does not constitute personal information. However, in an overabundance of caution, we are providing you with this Privacy Policy.

Arcade will share the information collected through your use of the Pipeline Products with the Study Team members consistent with this Privacy Policy.

We will only collect information you give to us (such as your email address) and the use data and other analytical data (“Use Data”) automatically collected when you use the Pipeline Products.

What information we collect
When you enroll and participate in the Clinical Studies you may be required to provide additional information for the Study Team. Arcade will not obtain any information from the Study Team about you other than what is described below.

• Contact information, your email address
• Use Data (i.e. Technical Data), which is not itself personal data. The Use Data will be associated and affiliated with the contact information you provide (i.e. your email address). Use data includes, for example, information about your app usage (e.g., when a Pipeline Product was first launched), 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 including:

• To register and provide you with your verification code to register with the Pipeline Products
• To send push notifications by using device tokens
• To support the Clinical Studies
• Push notifications based on Pipeline Products usage

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

• To conduct and support the Study
• To develop therapeutic and health-related products, including improving the usability of the Pipeline Products

Service Providers
Arcade may share your information with companies who provide services for or on behalf of the Pipeline Products such as data storage or interpretation of de-identified analytical data. These companies are obligated to protect your information.

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 a government’s, request to disclose your information.

04. Additional Information:

Age Restrictions/Use by Minors and Children
The Pipeline Products are not intended for children. In fact, the Pipeline Products are not for use by anyone under the age of 18. We do not knowingly collect information from individuals, including children, under the age of 18. If you have reason to believe that we collected or are in possession of Personal Information from someone under 18 years of age, please let us know.

If we learn that we have collected the personal information of a child or anyone under 18, we will take steps to delete the information as soon as possible. If you are under 18, please do not attempt to use the Pipeline Products, or send any information about yourself to us. By using the Pipeline Products, you represent that you are 18 years of age or older.

Our Security Safeguards
We take reasonable measures related to data security. However, 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 avoid sending it through unsecure channels.

05. Privacy Policy Changes:
We 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 at arcadetherapeutics.com/legal. If we make a change to this policy that, in our sole discretion, is material, we will notify you via an email to the email address associated with your account. By continuing to access or use the Pipeline Products after those changes become effective, you agree to be bound by the revised Privacy Policy.

06. Entire Agreement:
This Privacy Policy makes up the entire agreement between the parties regarding Arcade privacy policies and 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 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 us. You will not transfer any of your rights or obligations under this Privacy Policy to anyone else without our consent. All of our 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 us from complying with the law. This Privacy Policy does not confer any third-party beneficiary rights. We reserve all rights not expressly granted to you.

06. 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 the Pipeline Products, 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. You further agree to comply with any applicable federal, state and local laws in your use of the Services. You are also subject to and agree with the Dispute Resolution Provisions, and all other requirements, limitations, etc., set forth in the Terms of Use.

07. How to Contact Us:
If you have any questions regarding this Privacy Policy, please contact us at the information provided below. We will keep a copy of your message until we have had an opportunity to address your concerns. We 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, NY 10003 USA
email: support@wisedtx.com

PIPELINE PRODUCTS
TERMS OF USE

EFFECTIVE DATE: February, 2023

Arcade Therapeutics, Inc. (“Arcade”) is developing applications that are prescription digital therapeutics (PDTs) to be used in a variety of ways including to treat mental health conditions. The PDT applications (“Pipeline Products”) can be downloaded on your mobile device. 

We use the terms “we”, “us”, and “our” to refer to Arcade and the Pipeline Products. The terms “you”, “your” refer to you, the person using the Services, as a “User”.

When you use the Pipeline 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 Pipeline 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 Pipeline Products to you. We will notify you by the email you provided in your registration for the Pipeline Products or at the next time you attempt to access your account of any termination of the Pipeline Products.

Your access to and use of the Pipeline 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 Pipeline Products. By accessing or using the Services, you agree to be bound by these Terms.

YOU MUST AFFIRMATIVELY CONSENT TO USE THE PIPELINE 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 PIPELINE 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 and researchers, but is not a healthcare provider itself. The Pipeline Products may be used in conjunction with a clinical trial or study. In order to use the Pipeline Products you must provide separate consent to participate in a clinical trial or study, and act as a clinical trial participant, with the research team that has asked you to participate.

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

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 PIPELINE PRODUCTS. BY CONSENTING AND CONTINUING TO USE THE PIPELINE 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 PDTs whereby Arcade will apply to the Food and Drug Administration to review and clear the PDTs (aka the Pipeline Products) as prescribed treatments for targeted indications. Currently the Pipeline Products are being tested and studied to use the Pipeline 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 Pipeline Products can include patients for certain healthcare providers and research subjects. Any patient or research subject using the Pipeline Products is provided access by their healthcare provider, researcher 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 Pipeline Products (the “Activities”). The Activities are compiled, distributed and displayed by Arcade to the patient, healthcare provider, clinician, and in some instances, the researchers if a patient is part of a clinical trial or research project. Arcade does not control the results of the Activities provided by patients and/or study participants (“Patient/Study Content”) that is made available by and through the Pipeline Products. Patients and study participants are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Patient/Study Content. 

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

Rules of User Conduct
As a condition to your right to access and use the Pipeline 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 Pipeline 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 Pipeline Products to you. 
• Review and comply with our Privacy Policy and these Terms. 
• Review and comply with notices sent by us concerning the Pipeline Products.
• Consent to using your usage data to Arcade to improve the Pipeline Products, 
• Consent to sharing your information with the healthcare providers and clinicians. 

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

• Include, or try to include information in the Pipeline 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 Pipeline 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 Pipeline Products. 
• Access the Pipeline Productsfor 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 Pipeline Products. 
• Access the Pipeline Products by any means other than through the interfaces provided by us. 
• Override any security component included in or underlying the Pipeline 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 Pipeline 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 Pipeline Products, except as expressly permitted in the Terms or as the patient may expressly permit in writing.
• Interfere with or disrupt the Pipeline Products, including but not limited to any servers or networks connected to the Pipeline Products. 
• Infringe or use the Pipeline Products or our brands, logos, trademarks or service marks, including, without limitation in any business name, email, or URL. 
• Include information through the Pipeline 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 Pipeline 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 Pipeline 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 Pipeline Products, or use the Materials or Pipeline Products in violation of any law. Your use of the Pipeline 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 Pipeline Products, and all information provided by you in connection with the Pipeline Products, in any manner consistent with our Privacy Policy.

Privacy
Your use of the Pipeline 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 Pipeline 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 Pipeline 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 Pipeline Products. We reserve any rights not expressly granted herein.

While We own the Pipeline Products, and all data associated with the use of the Pipeline Products, You own your data. Any personal or identifiable data input into the Pipeline 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 Pipeline 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 Pipeline 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/Study 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 Pipeline Products and providing Arcade your data and/or information, playing the games, and submitting Patient/Study 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/Study 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@wisedtx.com.

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

No Medical Advice
Investigational Use Only Medical Device
Caution: Limited by Federal law to investigational use

The Services are for investigational use purposes only, and are intended to be adjacent to the healthcare services provided by a healthcare provider. Pipeline Products are not intended for use as a standalone therapy and do not represent a substitution for the patient’s medication.

Statements made in connection with the Services have not been evaluated by any governmental agency.

Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Pipeline Products. You further agreed that information provided by you in connection with the Pipeline 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 Pipeline 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 Pipeline 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 Pipeline Products are appropriate for use in other locations. When you access the Pipeline 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 Pipeline 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 PIPELINE PRODUCTS. YOU ASSUME FULL RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE PIPELINE 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 PIPELINE PRODUCTS. 

BY ACCESSING AND USING THE PIPELINE 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 PIPELINE 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 Pipeline Products is true and accurate; (c) you are at least 18 years old; and (d) you will not use the Pipeline Products for any purpose that is prohibited by these Terms.

Our Disclaimer of Warranties
THE PIPELINE PRODUCTS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE PIPELINE 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 PIPELINE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PIPELINE 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 PIPELINE 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 PIPELINE PRODUCTS SHALL BE TO DISCONTINUE USING THE PIPELINE PRODUCTS.

Arcade Safety and Account Registration/Security
Users are responsible for safeguarding the password that they use to access the Pipeline 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@wisedtx.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 Pipeline Products that infringes or violates someone else’s rights or otherwise violates the law. We can remove any content or information from the Pipeline 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@wisedtx.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 Pipeline 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 preventing 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 Pipeline Products.

Arcade makes no claim that Pipeline 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 Pipeline Products, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Pipeline 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 Pipeline Products. We may revise these Terms at any time by updating them and posting them on the Pipeline 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 Pipeline 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@wisedtx.com