Terms of Use

Effective Date: March 24, 2020

These Terms of Use (“Terms”) set forth a legally binding agreement between you and Akouos, Inc. and its affiliates and subsidiaries (collectively, “we”, “our”, or “us”), and govern your use of akouos.com (the “Site”).

By using the Site, you acknowledge and accept these Terms, and consent to the collection, use, and sharing of your information and other activities as described in our Privacy Notice. Please read these Terms carefully before using the Site. If you do not agree to these Terms, please do not use the Site.

Modifications

We may modify these Terms, in whole or in part, from time to time in our sole discretion, effective immediately upon posting modified Terms to the Site. By continuing to use or access the Site or any of its services after modified Terms are posted to the Site, you agree to comply with, and be bound by, such modifications. Unless explicitly stated otherwise, any future offer made available to you on the Site that augments or otherwise enhances the current features of the Site shall be subject to these Terms.

Content

All text, graphic, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content contained on the Site is owned and controlled by us and/or our licensors. The Content is protected by trade dress, copyright, patent, trademark, and other intellectual property and unfair competition laws. It is for your own personal and non-commercial use only, and we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license for that purpose, subject to your strict compliance with these Terms. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute, or transmit the Content without our prior express written permission. Any unauthorized use of the Content will terminate the limited license granted by us. All other trademarks not owned by us that appear in connection with the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Your Conduct

By using the Site, you agree not to upload, post, email, or otherwise send or transmit any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site. You also agree not to interfere with the servers or networks connected to the Site or to violate any of the procedures, policies, or regulations of networks connected to the Site, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Site; (2) engage in any activity in connection with the Site that is fraudulent, unlawful, false or misleading, libelous, slanderous, defamatory, harmful, tortious, vulgar, invasive of another’s privacy, sexually explicit, offensive, obscene, profane, violent, threatening, harassing, abusive, or otherwise inappropriate; (3) use the Site for any unlawful purpose; (4) resell or export the software associated with the Site; (5) use the Site for any commercial or political purpose; (6) copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduced any code or source relating to the Site; (7) interfere with the proper operation of any security measure used by the Site; (8) cause to appear any expanding button, banner advertisement, exit window, pop-up, pop-under, or anything else which minimizes, covers, or otherwise inhibits the full display of the Site; or (9) use any crawl, index, spider, click spam, macro programs, deep-link, page-scrape, robot, Internet agent or other automatic device, program, algorithm, or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input or store information, search or generate searches, or monitor any portion of the Site.

Third-Party Interactions

The Site may contain, as a convenience to you, content, links, and other information submitted by third parties over whom we have no control or responsibility. We have no obligation to monitor, control, or restrict the use of the Site, or third-party websites or services accessible via links available as part of the Site. These other websites or services are not under our control, and you acknowledge that (whether or not such websites or services are affiliated in any way with us) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites or services. The inclusion of such a link does not imply endorsement of any website or service by us or any association with its operators.

Separate Terms and Conditions

From time to time in connection with your use of the Site or other interactions with us, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms. You should read carefully any such additional terms and conditions. Unless otherwise expressly stated, any such terms will not vary or replace these Terms regarding any use of the Site.

Charges for Using the Site

We currently provide the Site to you free of charge. However, when you use the Site, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.

Accuracy of Information

Although we attempt to maintain the integrity and accuracy of the information on the Site, we make no guarantees as to its correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, or other errors or omissions. We disclaim any duty or obligation to update any such information, including news and press releases about us, and your reliance on information contained in these materials is at your own risk.

User-Provided Content

By uploading, posting, emailing, transmitting, or otherwise making available any information or material to us (“User-Provided Content”), you grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, reproduce, display, perform, adapt, modify, delete in its entirety, publish, translate, create derivative works from, or distribute (or have distributed) such User-Provided Content and/or incorporate such User-Provided Content into any form, medium, or technology throughout the world without compensation or acknowledgement to you, subject to our Privacy Notice. You represent and warrant that you own or otherwise control all rights in and to any such User-Provided Content, and that our publication and use of your User-Provided Content will not infringe or violate the rights of any third party.

Disclaimer

We provide the Site “as is” and without any representation, warranty, or condition, whether express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We assume no liability or responsibility for any errors or omissions with or on the Site; any failures, delays, or interruptions with the Site; any losses or damages arising from the use of the Site, including, without limitation, any damage to your mobile device; or any conduct by users of the Site. We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site.

Limitations of Our Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SITE, (B) THESE TERMS, (C) YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE, OR (D) A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY. 



THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity

You agree to indemnify and hold us, and each of our shareholders, directors, officers, employees, agents, and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of your use of the Site or your violation of any law or the rights of any third party.

Governing Law

These Terms and any amendments thereto shall be governed and construed in accordance with the laws of Massachusetts, United States, without regard to principles of conflicts of laws.

Waiver and Severability

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Investigations; Cooperation with Law Enforcement

We reserve the right to investigate and prosecute any suspected breaches of these Terms. We may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.

Contact Us

If you have any questions about these Terms or the Site, please contact us at: Akouos, Inc. 645 Summer Street, Suite 200, Boston, MA 02210 or info@akouos.com.