Terms Of Use

Updated: May 1, 2024

Acceptance to Terms of Use

These terms of use are entered into by and between you and Fractyl Health, Inc. Terms of Use (referred to as “Terms of Use”) contained herein shall govern your use of this Website and all its content (collectively referred to herein as this “Website”). All materials/information/documents/services or all other entities (collectively referred to as “Content”) that appear on the Website shall be administered subject to these Terms of Use. These Terms of Use apply in full force and effect to Your use of this Website, and the use of this Website constitutes an express agreement with all the Terms and Conditions contained herein in full. Do not continue to use this Website if you have any objection to any of the Terms of Use stated on this page.

By using our Website, you acknowledge that you have read, understood, and agree to be bound by our Terms of Use. These Terms of Use unconditionally extend and apply to all related applications, internet service, or website extensions. If you do not agree with these Terms of Use, you are prohibited from using this Website and may discontinue use immediately.

Definitions and Terminology

The following definitions apply to these Terms of Use, Privacy Statement, Disclaimer Notice, and all Agreements: “User”, “Visitor”, “Client”, “Customer”, “You” and “Your” refers to you, the person that uses this Website. “Fractyl”, “Our”, and “Us”, refers to Fractyl’s Company and/or this Website. “Party,” “Parties,” refers to both You and Us. Any use of these definitions or other glossary in the singular, plural, capitalization, and/or pronoun are interchangeable but refer to the same. Fractyl makes every effort to ensure that the content of the Website is accurate and up to date but does not offer any warranties, whether express implied or otherwise, as to the reliability, accuracy or completeness of the information appearing on the Website. Fractyl may remove material from the Website at its own discretion and without giving any notice. Any information offered in relation to the use or efficacy of specific products, while based on scientific evidence, is intended to be informative in nature. Always read labels and consult professional support if in doubt. If You choose to rely on such information, You do so entirely at Your own risk, subject to applicable laws. Fractyl cannot be held responsible for the outcome.

Intellectual Property Rights

You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the Website content, software and all HTML and other code contained in this Website, shall remain at all times vested in Fractyl and/or its licensors, and is protected by copyright and other laws and international treaty provisions. Any other trademark remains the property of its respective owner(s). Users may not modify, copy, distribute, transmit, display, redistribute, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any material which may be displayed on the Website from time to time without first obtaining permission to do so from Fractyl in writing. The Website and its contents are copyright material and the copyright is owned by Fractyl unless stated otherwise. Without limiting the foregoing, copying the above listed materials to any other server or location for publication, reproduction or distribution is expressly prohibited. Generally speaking, trademarks appearing on the Website are either owned by Fractyl or Fractyl has obtained limited use permission from the trademark owner to use the trademark on the Website. Any other third party trademarks remain the property of their respective owners.

If You wish to obtain permission to make use of any of the trademarks or other material that may be displayed on the Website from time to time please contact Us at info@fractyl.com. Fractyl shall not be responsible for seeking any additional authorization required for third party use of any trademark not owned by or licensed to Fractyl for such use.

Prohibition on Commercial Use of Website Content

You are permitted to use the material that is displayed on the Website only as expressly authorized by Fractyl or its licensors and partners. This Website is intended to provide information relating to Fractyl concerns, and the Website is designed for Users’ personal, non-commercial use only. Users may not use this Website, or any of the material appearing on the Website from time to time, to further any commercial purpose, including but not limited to, advertising or to promote or generate activity on any other website.

Fractyl Hereby Restricts You From The Following:

Republishing any Fractyl content in any media; reproducing, duplicating, or copying any Fractyl content; selling, renting, sublicensing, and/or otherwise commercializing any Fractyl content; or publicly performing and/or displaying any Fractyl content; using this Website in a manner that is, or maybe, damaging and/or impacts User access to this Website; using this Website contrary to the relevant rules, laws, and regulations of Your country of residence, or in a manner that causes, or may cause, harm to the Website, or any person or business entity; conducting data mining or any other similar activity concerning this Website, or while using this Website; and using this Website to engage in any form of business advertising or marketing.

Specific areas of this Website may be restricted from User access, and Fractyl may further extend such restriction to the entire Website, at any time, and in its sole discretion. Any User identification, security key, or password You may have on this Website are confidential, and You are responsible for maintaining such information confidentiality.

Services

The content of this Website is not intended for use or distribution to any person or entity in any jurisdiction, geographical location, or country/state where such use or distribution will be contrary to the laws and regulations or subject Fractyl to any form of registration, claims, demands, costs, liabilities, damages, or expenses.

The Website is intended for Users who are at least 18 years of age. If You are under the age of 18, You cannot use or register to use this Website or its services without parental permission or consent. By agreeing to these Terms of Use, You have the necessary legal capacity to comply and be bound by these Terms of Use.

Linking and Hyperlinking Rights

Fractyl may from time to time include links on this Website to other websites or resources operated by third parties other than Fractyl. These links are provided for the convenience of Users and Fractyl is not responsible for the availability of such external Websites or resources, does not endorse or accept responsibility for the content of such external Websites or resources and has no responsibility for or control over the privacy policy (if any) of the operators of the external Websites. You are advised to check the terms and conditions and the privacy policies of these external Websites before entering or making use of them. If You wish to create a hyperlink to this Website or to any other Website operated or maintained by Fractyl please contact Us at info@fractyl.com. By so linking, You agree that Fractyl may require the link to be removed if, in Fractyl’s sole opinion, any aspect of the linking Website, its content or any other matter relating to the link is objectionable to Fractyl.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If You decide to access any of the third-party websites linked to this Website, including eligibility questionnaires, You do so entirely at your own risk and subject to the terms and conditions of use and privacy for such websites.

No use of Our logo or other design intellectual property will be allowed for linking.

Disclaimers/Warranties/Limitation of Liabilities

The internet is by its nature an unreliable medium. Consequently, You accept that this Website is offered on an ‘as is’ and ‘as available’ basis. Fractyl takes all reasonable steps to ensure that the Website is properly functioning at all times, but Fractyl does not warrant that this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects.

By accepting these Terms of Use, You accept that Fractyl cannot be liable to You for any loss or damage You suffer as a result of visiting this Website or making use of the information available on the Website. You must take Your own precautions (including but not limited to installing adequate protective measures to guard against software viruses and ensuring that You retain up-to-date copies of all data) to protect Yourself against loss or damage.

Fractyl does not make any endorsements, warranties, or representations about the accuracy, reliability, expertise, or completeness of any such content. You agree that reliance on any such content shall be at the User’s risk. Fractyl periodically changes, adds, modifies, improves, or updates this Website’s Terms of Use with or without prior notice. Under no circumstance shall Fractyl be liable for any loss, damage, injury, liability, or expense incurred or suffered from the use of this Website, including, without limitation, any fault, error, omission, commission, delay, failure, interruption, deletion, alteration, disruption, cessation, or incursion concerning such use by Us, Our affiliates or any third party. Under no circumstance shall Fractyl or any of its partners and affiliates be liable for any direct, indirect, consequential, accidental, or special damages, even if Fractyl has been advised against the risk or possibility of such damages.

The information on this Website is for informational use only and is not intended for or implied to be a substitute for medical advice. Always seek the guidance of your health care professional for any question you may have regarding medical advice, diagnosis or treatment. Fractyl cannot verify the completeness of accuracy of this information.

The information provided on this Website regarding U.S. Regulations for device marketing, specifically 21 CFR part 801, is for general informational purposes only. It is not intended to constitute legal advice or to be a substitute for professional legal guidance. Compliance with regulatory requirements should be confirmed with qualified legal counsel. We do not guarantee the accuracy, completeness, or currency of the information provided. Users are encouraged to consult the official text of the regulations and relevant authorities for authoritative guidance.

The User agrees that Fractyl will not be liable for any conduct or behavior of the User arising from the use of this Website. As a result, the use of this Website and all or any of its content is at the User’s sole risk.

In no event shall Fractyl, nor any of its officers, directors, employees, and affiliates, be liable for any loss, injury, or damage arising out of Your use of this Website, whether, under contract, tort, or otherwise, and Fractyl, including its officers, directors, employees, and affiliates shall not be liable for any indirect, consequential, or special liability arising out of Your use of this Website.

Indemnification

As a condition for the use of this Website, the User agrees to fully indemnify Fractyl and its affiliates, from and against all actions, claims, liabilities, losses, damages, costs, demands, and expenses (including reasonable attorney’s fees) arising out of the User’s use of this Website, including without limitation, any claim related to the breach of any of the provisions of these Terms of Use. If dissatisfied with any or all of the content on this Website or any or all of these Terms of Use, the User may discontinue using this Website.

By accessing this Website, You agree that all matters relating to Your access to and use of this Website or its products shall be governed by the statutes and laws of the United States of America and, specifically, the Commonwealth of Massachusetts without regard to the conflict of laws or principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Commonwealth of Massachusetts and the Federal Justice System of the United States, with respect to any such matters relating to Your access or use of this Website and/or its products.

Should You have any questions, please contact Fractyl at info@fractyl.com.