Terms of Use

Effective Date: November 25, 2025

This Phagenesis Terms of Use (“Agreement”) is agreed to by and between Phagenesis, Inc. (“Phagenesis,” “we,” or “us”) and you (“you,” “your,” or “user”). This Agreement contains the terms and conditions that govern your use of this Website and any website that displays, links to, or references this Agreement as well as any services offered by Phagenesis on this Website (each website and service collectively and individually referred to herein as the “Website”).

By accessing, visiting, browsing, using, or attempting to interact with the Website or any part thereof, you agree, on your own behalf personally, and on behalf of any entity for which you are an agent or you appear to represent, that you have read, understand, and agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, do not access or use any part of the Website.

Phagenesis reserves the right, from time to time, with or without notice to you, to make changes to this Agreement in Phagenesis’ sole discretion. Continued use of any part of the Website constitutes your acceptance of such changes. The most current version of this Agreement, which supersedes all previous versions, can be reviewed by clicking on the “Terms of Use” hyper-link located on the Website.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY CALL YOUR DOCTOR OR 911 IMMEDIATELY.

1. WEBSITE; YOUR USE

This Website is intended for use by residents in the United States, UK, European Union and European Economic Area and contains information regarding Phagenesis and its products and services. These products and services may not be available or have regulatory approval or clearance in your country or region. Any references to products or services on the Website do not imply that Phagenesis intends to announce or offer these products or services in your country or region.

You are granted a limited license to access and make personal use of this Website for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate this Agreement including, without limitation, any prohibitions listed in this Agreement.

Use of any of your Phagenesis accounts is restricted solely to you. You are solely responsible for your use of this Website and you shall not share your account with anyone else. You further agree to report any issues with your account immediately to Phagenesis.

2. NO MEDICAL OR PROFESSIONAL ADVICE

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE OR PROFESSIONAL ADVICE. 

Nothing contained within the Website is intended to constitute medical advice, instruction for medical diagnosis, or instruction for treatment. You should not consider the Content on this Website to be medical advice. The material and content accessible from this Website, and any other Website owned, operated, licensed, or otherwise controlled by Phagenesis, including without limitation all text, video, audio, streaming content, graphics, images, photographs and other perceivable media, as well as documents and any information downloadable from the Website (the “Content”), should not be relied upon for personal, medical, legal, technical, or financial decisions. These decisions should only be made in consultation with your health care providers. Content found on the Website is for informational purposes only and is not intended to replace the relationship between you and your physician or other healthcare provider.

Any information provided through the Website should be considered hypothetical, and not be considered complete, nor should it be relied upon to suggest a course of treatment for any particular individual. Phagenesis does not, through the Website or otherwise, directly or indirectly practice medicine, render medical advice, or provide medical services. After reviewing the Website and before taking any action related to any content on the Website, you are expected to make a reasonable investigation into, and consider the potential consequences of, any such action. This includes, but is not limited to, talking to your doctor to determine the best course of treatment for your individual condition. If you obtain any information through the Website, you use such information at your own risk.

This Website contains information about products and therapies that may not be approved, cleared, or authorized in your geography. You may see information about products or therapies that are not available in your country. This Website is for general informational purposes only. Consult a physician about your specific health needs or any other concern.

3. WEBSITE NOT INTENDED FOR CHILDREN

THIS WEBSITE IS INTENDED FOR USE BY INDIVIDUALS 18 YEARS OF AGE OR OLDER. WE HAVE NO INTENT TO PERMIT THE USE OF THIS WEBSITE BY, OR COLLECT INFORMATION FROM, CHILDREN UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT ACCESS OR USE THIS WEBSITE WITHOUT THE CONSENT OF YOUR PARENT OR GUARDIAN. 

4. ADDITIONAL TERMS

Some areas of the Website may have additional terms and conditions (“Additional Terms”). Where Additional Terms apply, we will make them available for you to read prior to your use of that area of the Website. By using those areas of the Website, you agree to the Additional Terms. If you disagree with this Agreement or are dissatisfied in any way with this Website, your sole and exclusive remedy is to discontinue accessing, visiting, browsing, using, or otherwise interacting with this Website.

5. PROVISION OF INFORMATION

To access this Website or some of the resources it offers, including contacting Phagenesis, you may be asked to provide certain information such as your name, e-mail address, phone number, whether you are a health care provider or prospective or existing patient, and if you are a health care professional your primary hospital affiliation. It is a condition of your use of this Website that all the information you provide on this Website will be correct, current, and complete. If Phagenesis believes the information you provide is not correct, current, or complete, Phagenesis has the right to refuse you access to this Website or any of its resources, and to terminate or suspend your access at any time. All information collected via this Website or by Phagenesis in the course of your use of a Phagenesis resource advertised on this Website shall be used and stored in a manner consistent with our Privacy Policy located at https://www.phagenesis.com/privacy-policy/.

6. RESTRICTIONS ON USE

You may use this Website for purposes expressly permitted by this Website. As a condition of your use of the Website, you warrant to Phagenesis that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. For example and without limitation, you may not (and may not authorize any party to) (i) co-brand this Website, or (ii) frame this Website, without the express prior written permission of an authorized representative of Phagenesis. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Website or its Content. You agree to cooperate with Phagenesis in causing any unauthorized co-branding or framing immediately to cease.

In addition, you may not use the Website in any manner which could disable, overburden, damage, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials, Content, or information through any means not intentionally made available or provided to you, including without limitation exceed the limitations of access granted to you, through the Website. You may not use scrapers, bots, spiders, or other automated tools to collect or index the Content of this Website without our express permission.  You may not attempt to probe, scan or test the vulnerability of the Website or any system to which it is connected or attempt to breach any security measures.  Your use of this Website is strictly for your personal, non-commercial use only.  Your use of the Website must be in compliance with all applicable laws and rights of third parties, including without limitation all third-party intellectual property rights.

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Website. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of this Agreement, we may (but are not obligated to): conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend access to our Website to any user being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of this Agreement could subject you to criminal or civil penalties. We reserve the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address to our Website.

7. PROPRIETARY INFORMATION

The Content of this Website is the proprietary information of Phagenesis or the party that provided or licensed the Content to Phagenesis, whereby Phagenesis and its licensors retain all right, title, and interest in the Content. Neither title nor intellectual property rights in and to the Website or the Content are transferred to you by access to this Website. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, reverse engineer, decompile, disassemble, translate, transfer, or sell any information, Content, software, products, or services obtained from or otherwise connected to the Website. Modification or use of the Website or its Content except as expressly provided in this Agreement violates Phagenesis’s intellectual property rights and/or the intellectual property rights of others.

You grant to Phagenesis the right to use all content you upload or otherwise transmit to this SIte, subject to these terms and conditions and Phagenesis’s privacy policy in any manner Phagenesis chooses, including, but not limited, to copying, displaying, performing, or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

8. THIRD PARTY WEBSITES AND CONTENT

This Website may contain links to websites and content operated and provided by other parties. The linked websites are not under our control, and we are not responsible for the content available on any other websites linked to this Website. Such links do not imply our endorsement of material on any other website, we disclaim all liability with regard to your access to such linked websites, and we make no representations or warranties about the content, completeness, or accuracy of these hyper-links or the websites hyper-linked to this Website. We provide links to other websites as a convenience to users, and the inclusion of any hyper-link to a third-party website does not necessarily imply endorsement by Phagenesis of that website, its owner, or its content.  Access to any other websites linked to this Website is at your own risk. Phagenesis is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness, and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided through this Website, Phagenesis will not edit, censor, or otherwise control any content provided by third parties on any bulletin board, chat room, or other similar forums posted through this Website. Such information should, therefore, be considered as suspect and is not endorsed by Phagenesis.

9. FEEDBACK AND SUBMISSIONS

You hereby grant to Phagenesis the royalty-free, perpetual, irrevocable, worldwide, sublicensable through multiple levels, transferrable, non-exclusive right and license to use, reproduce, make, modify, adapt, publish, translate, broadcast, create derivative works from, distribute, offer to sell, sell, import, perform, and display all feedback, suggestions, ideas, or other improvements to, or reviews of, the Website or the Content you communicate to Phagenesis (together, “Feedback”), and to incorporate any Feedback, in whole or in part or modified as Phagenesis sees fit, in other works, products, or services in any form, media, or technology now known or later developed. You hereby waive in perpetuity all so-called “moral rights,” rights of integrity, rights of paternity, rights of disclosure, rights of withdrawal, rights of attribution, rights to prevent attribution in the event of a distortion, mutilation, or modification, and all such analogous rights in or related to any Feedback.

Anything you post, upload, share, store, or otherwise provide through our Website, including any Feedback, will be treated as non-confidential and non-proprietary. You are solely responsible for all your contributions to the Website. You represent that all your submissions are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. All your submissions become the property of Phagenesis or its affiliates and may be used, without compensation to you, for any purpose whatsoever, including disclosure to third parties and/or developing, manufacturing and/or marketing products or services.

Phagenesis will not be required to treat any Feedback as confidential and may use any Feedback to the full extent of its license without incurring any liability for royalties or any other consideration of any kind and will not incur any liability as a result of any similarities that may appear in future Phagenesis products, services, or other business operations. You are fully responsible for any content you send us, including the truthfulness and accuracy of such content and its non-infringement of any other person’s proprietary or privacy rights.

10. ACCURACY OF INFORMATION & PROJECTIONS

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Phagenesis. This Website may contain forward-looking statements that reflect Phagenesis’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals, validity, and enforcement of its intellectual property, the stability of its commercial relationships, and the general economic conditions. Phagenesis may update this Website on a regular basis but assumes no obligation to update any of the Content.

We do not warrant the accuracy, effectiveness, and suitability of any information contained on this Website. Each person assumes full responsibility and all risks arising from use of this Website. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Phagenesis reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.

11. NO WARRANTIES

Your use of this Website is at your own risk. The Website and its content are provided “as is” and without warranties of any kind, either expressed or implied. Phagenesis and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Phagenesis and all such parties together, the “Phagenesis Parties”) disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Phagenesis Parties do not warrant that the functions or content contained in this Website will be uninterrupted or error-free, that defects will be corrected, that your use of the content will not infringe the rights of others, or that this Website or the server that makes it available are free of viruses or other harmful components. Phagenesis Parties do not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and the Phagenesis Parties may make changes or improvements at any time. You, and not Phagenesis Parties, assume the entire cost of all necessary servicing, repair, or correction in the event of any loss or damage arising from the use of this Website or its content. Phagenesis Parties assume no liability or responsibility for errors or omissions in the Website or its content.

12. LIMITATION ON LIABILITY

Phagenesis does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, this Website. Reliance on these materials, information and opinions is solely at your own risk. Phagenesis disclaims any liability for injury or damages resulting from the use of this Website, or the content contained thereon.

TO THE FULLEST EXTENT ALLOWED BY LAW, PHAGENESIS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS WEBSITE OR THE WEBSITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY PHAGENESIS AND WHETHER OR NOT PHAGENESIS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PHAGENESIS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You agree that, unless such a limit is prohibited by applicable law, you cannot file a claim or cause of action arising out of or related to this Agreement or the Website including without limitation its content more than one (1) year after such claim or cause of action arose.

13. TERMINATION OR RESTRICTION OF ACCESS

Phagenesis reserves the right, in its sole discretion, to (i) terminate your access to the Website and the related services or any portion thereof at any time, without notice; and (ii) withdraw, suspend, or discontinue any functionality or feature of the Website.

14. INDEMNITY

You will indemnify and hold Phagenesis, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, including without limitation any use of Content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting losses, damages, judgments, awards, fines, costs, expenses, and attorney’s fees (collectively “Losses”) of the Indemnified Parties in connection therewith, including without limitation in relation to the defense of any third party claims related thereto. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Website, including without limitation for any Indemnified Party’s Losses, except to the extent such claims and losses are due to the negligent or willfully malicious acts of Phagenesis. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

15. TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, products and copyrighted works appearing in this Website are the property of Phagenesis or the party that provided the trademarks, services marks, logos, and copyrighted works to Phagenesis and are protected in the United States and internationally. Use of these is strictly prohibited without our prior, written authorization, except to properly identify the products or services of Phagenesis. Phagenesis and any party that provided trademarks, service marks, logos, and copyrighted works to Phagenesis retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this Website.

All Content of the Website is: Copyright © 2025 Phagenesis, Inc., All rights reserved, unless otherwise noted.

16. SECURITY

You are prohibited from any attempt to compromise security or tamper with system resources and/or accounts associated with this Website. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Phagenesis reserves the right to release your details to system administrators at other Websites in order to assist them in resolving security incidents. Phagenesis reserves the right to investigate suspected violations of this Agreement.

Without limiting Phagenesis’s right to use data related to you as set forth in its Privacy Policy, Phagenesis may use and disclose information related to you in special instances when we have reason to believe disclosing this information is necessary to investigate, identify, contact, or bring legal action against someone who may be causing injury to or interfering with our rights or property, other Website visitors, or anyone else. Phagenesis may disclose your information when subpoenaed, if ordered or otherwise required by a court of law, arbitrator, or other similar proceeding or the rules governing such a proceeding, for government investigations, with government agencies if required by law, to exercise, establish, or defend Phagenesis’s legal rights, to protect your vital interests or those of any other third party, and when Phagenesis otherwise believes in good faith that any applicable law requires it. 

By accepting this agreement, you waive and hold harmless Phagenesis from any claims resulting from any action taken by Phagenesis during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Phagenesis or law enforcement authorities.

You understand that Phagenesis cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for any reconstruction of any lost data. Phagenesis does not assume any responsibility or risk for your use of the Internet.

You recognize and agree that when submitting your personally identifiable information to Phagenesis, while Phagenesis may have safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. In the unlikely event of an interception or unauthorized access despite our efforts, Phagenesis shall not be responsible for such interceptions or unauthorized access. Phagenesis does not warrant, either expressly or impliedly, that the information provided by any user of the Website shall be free from interception or unauthorized access.

17. MISCELLANEOUS

This Agreement will be governed and interpreted pursuant to the laws of Delaware, US, excluding any principles of conflicts of law. You specifically consent to personal jurisdiction in Delaware in connection with any dispute between you and Phagenesis arising out of or relating to this Agreement or pertaining to the subject matter hereof. The parties to this Agreement each agree that the exclusive venue for any dispute between the parties arising out of this Agreement will be in the state and federal courts in Delaware. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this Agreement is taking place or originating.

Phagenesis may assign or otherwise convey any of its rights and obligations under this Agreement, but you may not. All of the terms and conditions of this Agreement shall inure and be binding upon any party’s permitted successors and assigns.

Provisions that, by their nature, should survive termination of this Agreement will survive termination of this Agreement. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and any terms regarding disputes between us.

If any part of this Agreement is unlawful, void, or unenforceable, that part shall be modified by a court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as dictated by the original wording or, if not amendable to become lawful and enforceable, shall be severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.

Except as expressly stated and agreed upon in advance by Phagenesis, no confidential relationship shall be established in the event that any user of this Website should make any oral, written or electronic communication to Phagenesis (such as feedback, questions, comments, suggestions, ideas, etc.). If we require or request any personal information in order for you any portion of this website we will obtain, use and maintain such personal information in a manner consistent with our https://www.phagenesis.com/privacy-policy/. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Phagenesis shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. You are fully responsible for any content you send us, including the truthfulness and accuracy of such content and its non-infringement of any other person’s proprietary or privacy rights

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Phagenesis as a result of this Agreement or your accessing, visiting, browsing, using, or otherwise interacting with the Website.

This Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the user and Phagenesis with respect to the Website. Notwithstanding the foregoing, any additional terms and conditions on this Website will additionally govern the items to which they pertain.

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

The failure by Phagenesis at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy, or option or in any way affect the validity of this Agreement. The waiver of any default by us will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.

This Agreement may contain typographical errors or other errors or inaccuracies and may not be correct or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update this Agreement at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.

Phagenesis may revise this Agreement at any time by updating this posting. 

Our contact for all legal notices:

Phagenesis, Inc.

1 Music Circle N

Suite 400

Nashville, TN 37203

Last Modified: November 25, 2025