Terms of Use

Welcome to https://diamondtrial.com (the “Website”), which is operated by Oculis Operations Sàrl (“Oculis”, “our”, “us” or “we”). All use of or linking to any content on the Website is subject to the terms and conditions contained in these Terms of Use and any amendments or supplements to them, including the Privacy Notice as defined below (collectively referred to as the “Terms of Use”). By accessing or using the Website, you acknowledge that you have read, understood and agreed to these Terms of Use and acknowledge that any prior agreements regarding the use of the Website between you and Oculis are superseded and of no force or effect. If you do not agree to the Terms of Use, do not access or use the Website.

You understand and agree that we may revise these Terms of Use at any time without prior notice. Any use of the Website after such date shall constitute your acceptance of such revised Terms of Use. If any change to these Terms of Use is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Website.

Your access to and use of the Website is also subject to Oculis’ Website Privacy Notice (“Website Privacy Notice”) located at [Link], the terms and conditions of which are hereby incorporated herein by reference.

Information

All information, including, but not limited to, text, graphics, images, audio, video, software, images, and information, contained on or available through the Website (“Information”) is made available to you for general information purposes only.

The Website contains non-promotional scientific information on products or indications currently under investigation that have not received regulatory approval for commercial use in any country.

Any Information provided should not be considered complete, nor should it be relied on to suggest a basis for diagnosis or course of treatment for a particular individual. Information received from the Website should not be relied upon for personal, medical, legal, technical, or financial decisions. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified healthcare provider. Should you have any healthcare related questions, please consult with your physician or other qualified healthcare provider promptly.

Forward-Looking Statements

The Website contains express or implied forward-looking statements as defined in Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, that involve significant risks and uncertainties. All statements other than statements of historical facts are forward-looking statements. Forward-looking statements contained in this Website are based on beliefs and assumptions and on information currently available to Oculis’ management. These statements relate to, among other things, Oculis’ expectations regarding clinical trials, development timelines, discussions with regulatory authorities, development programs, development candidates and investigational medicines under development by Oculis and by Oculis’ strategic collaborators. In some cases, forward-looking statements can be identified by terminology such as “may”, “might”, “will”, “could”, “would”, “should”, “expects”, “intends”, “plans”, “anticipates”, “believes”, “estimates”, “predicts”, “potential”, “continue”, “ongoing”, “targets”, “possible”, “project” or the negative of these terms or other comparable terminology, although not all forward-looking statements contain these words. Such statements are based on Oculis’ management’s current expectations and are subject to certain factors, risks and uncertainties that may cause actual results to differ materially from those referred to or implied in such statements. The forward-looking statements on this Website are neither promises nor guarantees, and you should not place undue reliance on these forward-looking statements because they involve known and unknown risks, uncertainties and other factors, many of which are beyond Oculis’ control and which could cause actual results to differ materially from those expressed or implied by these forward-looking statements. Oculis does not intend to update any forward-looking statements appearing on the Website in the event of changing circumstances or otherwise.

Use of Information

You may freely browse, access, download or use Information from the Website for your own temporary, non-commercial use. You have no rights in or to the Information, and you may not use, copy or display the Information, except as permitted under these Terms of Use. No other use is permitted without our prior written consent. We may own the Information, or portions of the Information may be made available to us through arrangements that we have with third parties. The Information is protected by applicable intellectual property laws. Unauthorized use of the Information may result in violation of copyright, trademark, and other laws. You may not sell, transfer, assign, license, sublicense, or modify the Information or reproduce, display, publicly perform, make a derivative version of, distribute, transmit, reuse, repost, or otherwise use the Information in any way for any public or commercial purpose without our written permission. You may not use the Website or the Information from the Website (a) in any way that breaches any applicable law or regulation; (b) in any way that is unlawful or fraudulent; (c) to transmit any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or (d) to make unauthorized attempts to access any of our systems or third party networks. The use or posting of any of the Information on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms of Use, your right to access and/or use the Information and Website shall automatically terminate and you shall immediately destroy any copies you have made of the Information.

Copyright and Trademarks

You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in the original Information on any copy you make of the Information or in any Information you download. The intellectual property rights in the Website and in the Information are owned by Oculis, our affiliates or our external partners. You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used without our written permission except as provided in these Terms of Use or in the text on the Website. No links to the Website may be included in any other website without our prior written permission. With the exception of the foregoing limited authorization, no license to or right in the Information, or any copyright of Oculis or of any other party is granted or conferred to you.

The trademarks and logos of Oculis used and displayed on the Website are registered and unregistered trademarks of Oculis or its affiliates (“Trademark”). Nothing on the Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right, express or implied, under any Trademark displayed on the Website without our prior written permission.

Links

This Website may contain links to websites operated by other parties (“External Sites”). The External Sites are not under the control of Oculis, and Oculis is not responsible for the content available on any External Sites. Oculis disclaims all liability with regard to your access to External Sites, and we do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. Oculis provides links to External Sites as a convenience to users, and access to any External Sites linked to this Website is at your own risk.

Updates

Oculis may make changes, corrections and/or improvements to the Information at any time without notice. Although we attempt to periodically update the Website, the Information on the Website may occasionally be inaccurate, incomplete or out of date and is provided on an “AS IS” and “AS AVAILABLE” basis. We make no representation as to the completeness, accuracy or currency of any Information on the Website, and we undertake no obligation to update or revise the Information contained on the Website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any Information contained in the Website before relying upon it.

Disclaimer of Warranties

OCULIS AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, EXTERNAL PARTNERS, AND LICENSORS (COLLECTIVELY, THE “OCULIS PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS AND DO NOT GIVE ANY UNDERTAKINGS, EITHER EXPRESS OR IMPLIED, ABOUT THE WEBSITE OR THE INFORMATION (INCLUDING, WITHOUT LIMITATION, THE TIMELINESS, CURRENCY, ACCURACY, COMPLETENESS OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE INFORMATION OR THAT THE RESULTS WHICH MAY BE OBTAINED FORM THE USE OF THE WEBSITE WILL BE ERROR FREE OR RELIABLE). YOU USE THE WEBSITE AND THE INFORMATION AT YOUR OWN RISK.

Limitation of Liability

THE OCULIS PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE INFORMATION INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR (I) LOSS OF INCOME OR REVENUE, (II) LOSS OF BUSINESS OR BUSINESS INTERRUPTION, (III) LOSS OF PROFITS OR CONTRACTS, (IV) LOSS OF ANTICIPATED SAVINGS, (V) LOSS OF DATA, (VI) LOSS OF GOODWILL, (VII) WASTED MANAGEMENT OR OFFICE TIME; AND (VIII) FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE OCULIS PARTIES DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE OR THAT THE WEBSITE, ITS SERVER, OR THE INFORMATION ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR THE INFORMATION RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO OCULIS PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

THE WEBSITE AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE OCULIS PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Oculis reserves the right to discontinue the Website at any time without notice and without liability.

Information You Supply to Us

Except for information covered by our Website Privacy Notice, any communication or material you transmit to us by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary, and Oculis shall have no obligation of any kind with respect to such information. Except for information covered by our Website Privacy Notice, anything you transmit or post becomes the property of Oculis and may be used by Oculis and any of its affiliates, external partners and third-party service providers for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Oculis and its affiliates, external partners and third-party service providers are free to use, without compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, researching and developing products using or incorporating such information. Any information submitted or provided by you to the Website might be publicly accessible.

Applicable Law

You are solely responsible for ensuring compliance with the laws of your specific jurisdiction. By accessing the Website, you and Oculis agree that the laws of Switzerland, without regard to its conflicts of laws principles, will apply to all disputes based on, arising out of, or relating to your use of the Website or any Information. With respect to such disputes, you and Oculis also agree and hereby submit to the exclusive jurisdiction of the competent courts of Lausanne, Switzerland.

Updated July 1, 2024