1. Scope

These Terms of Use ("Terms of Use") govern your use of the public-facing websites owned and operated by Ariax Bio, LLC ("Company", "us," "our", or "we") hosted under the domain(s): http://ariax.bio the ("Website"), except as noted herein. The Terms of Use describe the terms and conditions for use of the Website and information about your responsibilities when using our Website and other services provided through our Website (collectively, the "Services"). Your access and use of the Services constitutes and signals your agreement to be bound by these Terms of Use and any applicable law. These Terms of Use apply only to the use of the Services, and do not change or alter any other agreement or contract between you and Company unless these Terms of Use are explicitly referenced within such agreement or contract. If you access or use the Services, you also accept and agree to be bound by our Privacy Policy, which is hereby incorporated by reference within these Terms of Use.

2. You May Not Use the Website for Certain Purposes

Company grants you a limited license to access and use the content on the Services subject to the limitations described in these Terms of Use. You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other person's use of the Services or the operation of our Website.

In addition, you agree to not do the following while using, or in any connection with the use of, the Services:

• Upload or otherwise transmit or disseminate any message, material, image, data, software, or other content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene or otherwise objectionable, or that may invade another's right of privacy or publicity;
• Create a false identity for the purpose to mislead or impersonate any person or entity, including but not limited to any Company representative or agent, or otherwise falsely state or imply your affiliation with such person or entity;
• Upload, transmit or otherwise disseminate files that contain malware, including viruses, Trojan horses, ransomware, worms, time bombs, cancel-bots, corrupted files, or any other software or programs that may damage the operation of another's computer, information system, data, or property;
• Upload, transmit or otherwise disseminate any material you are not authorized to upload, transmit or otherwise disseminate, including infringement of any intellectual property right, or deletion of any author attributions, legal notices, or proprietary designations;
• Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
• Manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology; or
• Harvest or otherwise collect information about others, including e-mail addresses, user profiles, and passwords.

You hereby acknowledge and agree that violation, or anticipatory violation, of these Terms of Use may not have an adequate remedy at law, and may be subject to equitable relief, including injunction.

The text, images, information and other data or material contained on the Website and within Services ("Content") are proprietary to us and/or our partners and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property and proprietary rights laws. You agree not to modify, copy, distribute, sell, or re-sell any Content or other information obtained from or through the Website or Services. No right, title or interest in or to the Website, Services, or any Content is transferred to you, and all rights not expressly granted are reserved by Company.

3. Service-Specific Terms

One of the Services available through the Website allows an end-user to create and modify protein designs (the "Protein Design Service"). The following additional terms and conditions apply to the use of the Protein Design Service above and in addition to these Terms of Use:

• The Protein Design Service is provided "AS IS" and you agree to use the Protein Design Service at your own sole and exclusive risk.
• You are solely responsible for your own protein designs and Company makes no claims, representations, or warranties with respect to the results or output from Protein Design Service, including without limitation with respect to the viability of any protein designed using the Protein Design Service.
• The protection of any intellectual property you develop using the Protein Design Service (the "Design Output"), including without limitation the patentability of any Design Output, is your sole and exclusive responsibility. Company hereby acknowledges and agrees that it has no intellectual property rights with respect to the Design Output or the Customer Content.
• You understand and acknowledge that it is possible for one or more users of the Protein Design Service to design identical proteins. Company makes no representations that any Design Output will be unique.

4. Termination/Access Restriction

Company reserves the right, at its sole discretion, to restrict or terminate your access to the Services, or any portion thereof, without notice. Further, we reserve the right to take whatever lawful action it may deem appropriate in response to any actual or suspected use of the Services in violation of these Terms of Use, and/or applicable law. Such actions may include the suspension or termination of the user's access and/or to seek injunctive relief. Company reserves the right to seek all remedies available at law and in equity for violation or anticipatory violation of these Terms of Use.

5. Disclaimer of Warranty

THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. COMPANY, ITS LICENSORS, AND ITS PARTNERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

6. Security

We employ reasonable administrative, technical, and physical safeguards designed to protect personal information. We only allow information to be submitted for transmission if your browser is compatible with our security software. If your browser is not compatible, you will receive a message indicating your transaction cannot be completed because of a security risk.

Please note that email messages ARE NOT SECURE. Our security software does not encrypt email messages. Unencrypted email messages traveling through the Internet are potentially subject to viewing, alteration and copying by others. If you believe that the security of any account you might have with us has been compromised, please email support@ariax.bio.

Company is not responsible and shall not be held liable to you or any third party for any loss or corruption of any data or other information you create, upload, or process using the Services ("Customer Content").

7. Passwords

In order to access certain information in connection with the Services and to protect your information from being accessed by others, you may be asked to create a password-protected account. You are responsible for maintaining the confidentiality of your username and password. Company shall not be liable for any loss that you may incur as a result of someone else using your username and password. You must not share your password.

8. No Professional Advice or Representation of Eligibility

The Content and the Services are intended for general information purposes only as a convenience to you and is not intended as or constitute advice upon which you may rely for technical, legal, professional, financial, or other decisions.

9. Third-Party Services

Certain services may be offered by third-parties through the Website. Company is not and will not be responsible for: (i) the terms and conditions of any transaction between you and any such third party; (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing; (iii) the quality of services performed by any such third party, or (iv) any other legal liability arising out of or related to the performance of such services. Because we are not involved in the actual transaction between you and any such third party, in the event you have a dispute with any such third party, you release Company and its affiliates, agents, and employees from any and all claims arising out of or in any way connected with such disputes.

10. Links to Other Website and Social Media

Company is not responsible for the practices or policies of the websites or social media platforms linked to or from the Website or Services. If you elect to use a link that accesses another party's website or a social media platform, you will be subject to that website's or platform's practices and policies. When a website or social media platform is linked to or from the Website, it does not imply, suggest, or express any endorsement or recommendation of such website, third party, or any products or services provided in connection with such website. Any links to external websites are for your convenience only.

11. Linking to our Website and Data Scraping

No person or organization may: (i) use automated data extraction technology or processes (i.e., scraping); or (ii) link the Website, or any portion, from their own website without the express written consent of Company. All inquiries with respect to the above may be directed to: info@ariax.bio.

12. Limitations of Liability

You understand and agree that neither Company nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of the Website or the information resources contained or accessible through the Website. The access to and use of the Services and the Content is solely at your own risk. Company assumes no liability for any damages whatsoever resulting from any loss of data or otherwise arising out of or in any way connected with the use, operation or performance of the Services. You acknowledge and agree that the limitations set forth above are fundamental elements of these Terms of Use and the Website would not be provided to you absent such limitations. Notwithstanding the foregoing, the Company's total aggregate liability to you is limited to the amount of fees you have actually paid for the Services during the calendar year in which the underlying claim for liability arose.

13. Indemnification

You agree to indemnify, defend and hold harmless Company, as well as its officers, directors, employees, attorneys, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, arising (directly or indirectly) from your use of the Services or any violation of these Terms of Use. If you cause a technical disruption of the Services or the systems transmitting the site to you or others, you agree to be responsible for and indemnify any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, arising (directly or indirectly) from that disruption. Company reserves the right to assume exclusive defense and control of any defense or matter otherwise subject to indemnification or defense of Company. In such case, you agree to cooperate with Company fully.

14. Legal Provisions

If any provision of these Terms of Use is determined by a court of competent jurisdiction to be invalid, all other terms and conditions shall remain in full force and effect. The section headings are for convenience only and do not have any force or effect. These Terms of Use and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of the state of Washington without regard to its conflicts of law principles.

Any controversy or claim arising out of or in connection with these Terms of Use or access or use of the Website shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in the state of Washington, and judgment on the arbitration award may be entered in any court having jurisdiction. In connection with any arbitration or litigation, the prevailing party will be entitled to recover reasonable attorney's fees and costs.

These Terms of Use, applicable Service-specific terms, Company's Privacy Policy, and any other policies that Company may post on the Website constitute the entire agreement between Company and you in connection with your use of the Website, the Services, and any content herein. This agreement supersedes any prior agreements between Company and you regarding use of the Website, Services, and Content herein, including prior versions of these Terms of Use.

15. Updates to these Terms of Use

From time to time, we may modify or update these Terms of Use at our sole discretion. Any such modification shall be effective immediately upon posting and without notice. We encourage you to review these Terms of Use frequently for such changes. These Terms of Use were last updated on the date listed above.

16. How to Contact Us

If you have questions about these Terms of Use, you can contact us by email at info@ariax.bio.