My VYEPTI APP Patient Terms of Service

The Program is sponsored by Lundbeck LLC (together with its affiliates and subsidiaries, “Lundbeck”). The Administrator is RxPx Inc. The Administrator will facilitate the provision of services under the Program.

Enrolment:
You consent to the collection, storage, use, handling and disclosure of your personal information and other matters set out in the Administrator’s privacy policy, available at Terms My VYEPTI — RxPx and those stated in these terms of service.

RxPx provides a proprietary platform and related services, including mobile and desktop applications, which allow users who have created an account (“Users”) to utilize private, disease-based peer networks and personalized health monitoring tools (the “Services”). By ‘you’, ‘your’, ‘member’ or ‘User’, we mean individuals using our Services (“User” or “Users”). These Terms together with the RxPx Privacy Notice are the entire agreement between you and us. If you do not agree to our terms and conditions of use, please do not use our services.

When you sign up to become a user, you will have to register by creating an account (“Account”). We collect your email address and password to create your User Account and we also require you to pick a username. We also require you to pick a username which we use to identify you in the Services and which will appear beside comments you post. Your comments and username may be visible to other Users where functionality exists.

Services do not provide medical advice. Content found on the Services, such as text, graphics, images, messages, information obtained from third parties, Providers, and other material may contain medical and health information. Such information is for informational purposes only. It is not intended to be a substitute for a medical examination or a physician’s advice, diagnosis or treatment. Your healthcare providers are the most appropriate people to provide you with advice on your specific health issues.

You provide content by submitting, displaying, posting and otherwise sharing or using the Services. Your content might include text, files, documents, reports, results, information, bulletins, images, photos, video, works, works of authorship, applications, or any other materials. You own your content and you also control what content you choose to share with other Users of the Services. Your use of the Services, including what content you share, is always voluntary.

All content submitted to or available through the Services is the sole responsibility of the User who submitted the content. Content posted or shared by other Users does not necessarily reflect the opinions or policies of RxPx or Lundbeck. We assume no responsibility for the content posted by any User and no responsibility for the conduct of the User with respect to any such content. RxPx assumes no responsibility for monitoring the Services for inappropriate content or conduct, but we reserve the right, in our sole discretion, to investigate use of the Services and take appropriate action in accordance with these Terms. Other Users may alert us to inappropriate use of the Services, including inappropriate content or conduct.

You agree to ensure that any content you share using the Services is yours to share, and that you are not violating the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Keep this in mind because you are responsible for any rights clearance for any content you post or otherwise share.

The Services include functionality that allows Users to upload content to communities, message boards, Social Circle and other public areas (collectively “Public Areas”).

Please remember that the content you choose to share in Public Areas will be available to the other Users who may view, share, distribute, access, copy, download, and use the content without restriction. Accordingly, please consider carefully what content you choose to share while using the Public Areas. Do not share private health information in Public Areas. By submitting content to Public Areas, you agree that submissions to Public Areas are non-confidential for all purposes.

We need your agreement so that we can share your content with other Users with whom you choose to share access to your content. This does not give RxPx the right to sell or otherwise distribute your content apart from in connection with providing you with the Services.

If you have a medical emergency, call your doctor, 911 or your medical emergency number immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on the Services.

Ability to enter into these Terms
The Services are not meant for children and minors. In order to enter into these Terms, you must have reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and you must be fully able and competent to enter the Terms and be able to abide by and comply with these Terms. If you accept these Terms, you represent that you have the capacity to be bound by them.

Use of Program software
Information accessed via the software is not intended to offer personalized medical diagnosis or patient-specific treatment advice. It should not be used as a basis for any diagnosis, monitoring, management or treatment of diseases or any other medical condition. You agree that you are solely responsible for any activity that occurs on your Account, including information you transmit to other Users and for your interactions with other Users, and are responsible for taking all reasonable steps to ensure that nobody else has access to your passwords or accounts.

All software included in the Program is owned by RxPx and its related parties and was developed in collaboration with Lundbeck. You are granted a non-exclusive licence to download, install, access and use the software solely in relation to the services you receive under the Program. You must not use the software for any purpose other than as expressly permitted under these terms of service. You do not acquire ownership of any intellectual property rights or any other commercial benefits in connection with your use of the software.

When using the software, you are responsible for:

ensuring that you are using the latest available version;
any damage to your devices, and any loss or corruption of information that you store in the devices that results from the use of the software or the interaction of the software with other applications, data or programs that you may download or use; and
maintaining the physical security of your devices and integrity of your data.

You must not:

Modify, edit, improve, resell, reverse engineer, change or otherwise interfere with the operation of the software in any way;
Engage in systematic copying and widespread distribution of content in the software to the public; or
violate these terms of service.

User conduct
You must not use the Services in any way that causes, or is likely to cause, the Services or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Services for lawful purposes only. Certain features of the Services may allow you to forward material via email or social media to addressees and/or social media accounts specified by you. By using such features, you represent, warrant and confirm to RxPx that you have the consent of all recipients to send such communications.

If you submit, post or upload content through the Services, you will ensure the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. Harassment in any manner or form on the Services, including via e-mail, chat or social media or by obscene or abusive language is strictly forbidden. Impersonation of others, including a RxPx employee, host, or representative, or other members or visitors on the Services is prohibited. You must not upload to, distribute, or otherwise publish through the Services any content which is libelous, defamatory, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law.

Users are expected to adhere to our community rules at all times. If a user fails to comply with these rules and engages in inappropriate conduct, RxPx reserves the right to remove posts or content that violate our guidelines and, if required, the suspension or permanent banning of users from the community.

Protecting yourself
We work hard to protect your privacy and keep the Services secure, but you play an important role as well.

Choose a password that isn’t easy to guess and keep it secret. Change your password immediately if you suspect someone else knows it or has gotten into your account. Be careful when you use the Services, for example by logging out every time if you use a shared or public computer or other device. Secure the computer or other device you use to access the Services, using two factor authentication. For example by requiring a password to access your mobile phone. Protect yourself from phishing scams: never click on links or open attachments from unknown senders, beware of popups and look for a sign that the site you are using is secure, such as a lock icon on the browser’s status bar. For the avoidance of doubt, we cannot and will not be liable for any loss or damage arising from any failure to comply with your responsibilities and the security of your device. Refer to the clauses Limitation of liability and Indemnification for further detail. If you believe that your Account has been compromised, you can change your password through the Services. If you need help to deactivate a password or account, contact us at support@curatio.me and we’ll help you.

Accessing the Services
We may make the Services available to you directly or a Provider may make them available (e.g. a healthcare or social service provider, governmental organization, health authority, community organization or other licensor of the Services). In accordance with the RxPx Privacy Statement, you agree that RxPx owns any data or information derived from or generated by your use of the Services and/or information about you that has been collected by us on an aggregate basis (“Anonymized Data”). In this Agreement, “Anonymized Data” means that RxPx combines Your Data and/or parts of information collected or processed from you in a manner that does not contain or disclose any information that can identify you and where such data has otherwise been anonymized. RxPx shall own exclusive rights, including all intellectual property rights, in and to all Anonymized Data. To be clear, RxPx is not allowed to disclose User data without consent other than Anonymized Data.

Protecting Copyrights and Other Intellectual Property
We respect the intellectual property of others and require that our Users do the same.

The Services and all contents of the Services, including logos, graphics, images, software, icons and other elements (but excluding User content) are the exclusive property of RxPx or as applicable, its suppliers and partners, and are protected under the copyright laws of New Zealand. The core technology platform and all of the related software code remains the sole property of RxPx. All rights not explicitly granted herein are reserved. Any infringement of our rights will result in appropriate legal action.

Termination
As long as you use the Services, these Terms will be in effect. You can stop using the Services at any time by uninstalling the Services from your device or by deleting your Account.

Please contact us at support@curatio.me if you require assistance deleting your Account.

No warranty
To the maximum extent permitted by law, RxPx makes no representations, warranties, conditions or undertakings of any kind, express or implied, regarding the Services and/or any content, products or features provided, performance, merchantability, or fitness for a particular purpose, all of which are provided on an “as is” and “as available” basis. You are assuming the entire risk as to their quality and performance. RxPx is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. RxPx assumes no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the services or your downloading of any content from the services.

Limitation of liability
In no event shall RxPx, its sponsors, its licensors, its suppliers, or any third parties mentioned in the Services be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Services or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not RxPx, its sponsors, its licensors, its suppliers, or any third parties mentioned in the Services are advised of the possibility of such damages.

Your only right or remedy with respect to any problems or dissatisfaction with the Services is to uninstall and stop using the Services.

Indemnification
You agree to indemnify, defend, and hold harmless RxPx and its affiliates, and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms, any breach of your representations or warranties, or any activity related to your conduct (including negligent or wrongful conduct), or any content or materials provided by you.

General
The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of RxPx’s right to require strict observance of each of the terms herein. The Terms shall be deemed severable. In the event that any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law and such determination shall not affect the validity or enforceability of any other remaining provisions. RxPx may assign its rights and obligations under these Terms. These Terms will ensure the benefit of RxPx’s successors, assigns and licensees.

Rights to your data
You own your content. In accordance with the RxPx Privacy Statement, you agree that RxPx owns any data or information derived from or generated by your use of the Services and/or information about you that has been collected by us on an aggregate basis (“Anonymized Data”). In this Agreement, “Anonymized Data” means that RxPx combines Your Data and/or parts of information collected or processed from you in a manner that does not contain or disclose any information that can identify you and/or where such data has otherwise been anonymized. RxPx shall own exclusive rights, including all intellectual property rights, in and to all Anonymized Data. To be clear, RxPx is not allowed to disclose User data without consent other than Anonymized Data.

Protecting Copyrights and Other Intellectual Property
We respect the intellectual property of others, and require that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is our policy to terminate, in appropriate circumstances, access to Services for Users who violate this prohibition.

The Services and all contents of the Services, including logos, graphics, images, software, icons and other elements (but excluding User content) are the exclusive property of RxPx or as applicable, its suppliers and partners, and are protected under the copyright laws of Canada and other countries. The core technology platform and all of the related software code remains the sole property of RxPx. All rights not explicitly granted herein are reserved. Any infringement of our rights will result in appropriate legal action.

If you believe your work has been copied and posted on or through the Services in a way that constitutes copyright infringement, you may request removal of those materials (or access to them) from the Services. Please contact us at support@curatio.me for more information.

Linked sites and services
RxPx is not responsible for the practices employed by websites linked to or from the Services or for their information or content. These hyperlinks do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those websites and mobile apps or the activities of the people, organizations and/or businesses responsible for those websites and mobile apps.

When you use a link to go from the Services to another website, your browsing and interaction is subject to that website’s own rules and policies, not RxPx’s. Make sure you read over their rules and policies before proceeding.

Changes to the Terms
RxPx may make small, inconsequential changes to the Terms with or without notice to you, so please come back and visit this page regularly. Changes RxPx considers significant will be communicated through the Services. By continuing to use the Services after changes become effective, you agree to the changes. Remember that at any time if you don’t agree to the Terms, you can stop using the Services.

Contacting us
We always look forward to hearing from Users! When you give us feedback or advice about the Services or our business, it helps us improve. You agree that you provide your advice or feedback for free and for us to use in any way. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, please do not submit them to the Public Areas or to RxPx by email, as email is not a safe or secure method of transmitting confidential or private information.

Agreement
By checking the box that indicates acceptance of the Terms of Use, you acknowledge that you have read, understand and agree to these Terms of Use.

We are excited to have you with us and hope you find our Services helpful and easy to use! If you have any questions or comments about what we do or how we do it, please let us know at support@curatio.me.

Questions regarding Vyepti:
You should speak to your treating healthcare professional if you have any questions or concerns relating to your treatment with Vyepti. You may also refer to the Prescribing Information for Vyepti which is available at: https://www.lundbeck.com/content/dam/lundbeck-com/americas/united-states/products/neurology/vyepti_pi_us_en.pdf

My VYEPTI Program Patient Safety Statement

Neither Lundbeck nor RxPx specifically monitors content on the My VYEPTI APP for adverse events. However, if RxPx or Lundbeck becomes aware of any adverse events, Lundbeck will report it in accordance with its regulatory obligations. Lundbeck Patient Safety may contact you or your healthcare professional in order to collect further information on the adverse event. This information may be shared with health authorities or other pharmaceutical companies with whom Lundbeck has a license agreement, and third parties we work with for the purpose of safety reporting.

As a consumer participating in this activity sponsored by Lundbeck, you confirm that you have read and understood the adverse event collection statement and you agree with it. You understand that information relating to an adverse event with a Lundbeck product that is identified during this activity will be forwarded to the Lundbeck Patient Safety department, for safety reporting.

You understand that Lundbeck’s Patient Safety department may contact your healthcare professional for further information regarding any adverse event identified as part of this activity