TERMS OF USE – A·S·A·P MESSAGING SERVICE

Effective Date: May 11, 2022

These Terms of Use (“Terms”) govern your use of the A·S·A·P Messaging Service (the “Service”), which is provided by Ascendis Pharma Endocrinology, Inc. (“Ascendis”). By downloading or using the Service, you are agreeing to the Terms and to any other notices or policies that Ascendis may post at any time.

Please review these Terms carefully before using the Service. If you do not agree to these Terms, please do not use the Service. Ascendis may change these Terms or modify any features of the Service at any time. Any such changes to these Terms or modifications to the Service may require that you re-accept the Terms and/or install certain updates to the Service in order to continue using the Service; if you do not re-accept any such updated Terms and/or install any such required updates to the Service, you may no longer have access to the Service. Ascendis will notify you of updates by posting such updated Terms here, through a link posted on the Service. You accept the Terms by selecting “I Accept” upon your initial launch of the Service on your mobile device, and you accept any changes to the Terms by continuing to use the Service after Ascendis posts such changes. It is your responsibility to ensure that you are using the latest available version of the Service.

PLEASE NOTE:

  • YOU SHOULD REFER TO THE SKYTROFA® (LONAPEGSOMATROPIN-TCGD) INSTRUCTIONS FOR USE PROVIDED WITH SKYTROFA AUTO-INJECTOR TO ENSURE THAT YOU USE YOUR SKYTROFA AUTO-INJECTOR IN ACCORDANCE WITH THE INSTRUCTIONS FOR USE. IF YOU DO NOT FOLLOW ASCENDIS’ INSTRUCTIONS FOR USE, YOUR AUTO-INJECTOR MAY MALFUNCTION.
  • ALWAYS CONSULT WITH YOUR HEALTHCARE PROVIDER PRIOR TO USING YOUR AUTO-INJECTOR OR MAKING ANY ADJUSTMENTS TO YOUR PRESCRIBED DOSE. IF YOUR SYMPTOMS WORSEN OR IF YOU EXPERIENCE SIDE EFFECTS, SEEK MEDICAL ATTENTION IMMEDIATELY.

Any side effects that you become aware of while using any Ascendis product should be reported to Ascendis by phone at 1-844-442-7236 or by email to [email protected]. You can also report side effects of any prescription product directly to the FDA at 1-800-FDA-1088 or by visiting www.FDA.gov/medwatch.

When you register, you agree to provide accurate, current, and complete information and to promptly update this information to maintain its accuracy.

  1. Eligibility and Registration

    By using the Service, you represent that you are 18 years of age or older. The Service is intended solely for use by residents of the fifty states, the District of Columbia and Puerto Rico (“United States”). Do not use the Service if you reside outside of the United States.

    When you register, you agree to provide accurate, current, and complete information and to promptly update this information to maintain its accuracy.

    Privacy

    By using the Service, you consent to the information collection, use and disclosure practices described in our Privacy Notice

  2. Interactions with Others and Your Responsibilities

    You remain solely responsible for your interactions with others in connection with the Service. You agree to take all necessary precautions to protect the privacy and security of your personal information in all interactions with others in connection with the use of the Service.

    When you use the Service, you are solely responsible for:

    • Ensuring that all operating systems and security software for your mobile device are the most up to date versions available;
    • Ensuring that your mobile device is not rooted, jailbroken or modified in any way;
    • Any damage to your device, and any loss or corruption of information that you store in your device that results from the use of the Service or the interaction of the Service with other applications or programs that you may download or use;
    • Maintaining the security and confidentiality of any personal identification numbers, account information, passwords and the like related to your use of the Service;
    • Maintaining the physical security of your device;
    • Maintaining the security and confidentiality of personal information that you store in your device.

    Ascendis is not responsible for any costs, loss or damage that you incur as the result of your failure to meet any of your responsibilities outlined above.

  3. Prohibited Conduct

    When you use the Service, you shall not modify, edit, reverse engineer, take any action that could harm Ascendis or any third party, interfere with the operation of the Service, or use the Service in a manner that violates any laws or the Terms.

    Violations of Terms may result in civil or criminal liability. Ascendis may work with law enforcement authorities to prosecute users who violate the Terms. Ascendis may suspend, disable, or terminate your access to the Service for any or no reason at any time without notice or liability to you.

  4. User Submissions

    You remain fully responsible for the personal information or any materials that you may provide to Ascendis in connection with your use of the Service (“User Submission”). You agree not to provide User Submissions that are unlawful, infringe or violate the intellectual property or other rights of third parties or that are offensive or harmful.

    You may only submit User Submissions that are original and that you have the right to submit. You continue to own any User Submissions that you submit through the Service, but by submitting a User Submission, you grant Ascendis a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable license to publish, reproduce, distribute, display, perform, edit, adapt, modify, and otherwise use your User Submissions (or any portion thereof) in order to provide the Service in any form, media, or technology now known or later developed.

    You understand and agree that Ascendis is not responsible for any User Submissions. Ascendis is not obligated to publish or use your User Submissions. Ascendis may, but is not required to, review, edit, delete, or disable access to your User Submissions at any time, without prior notice and in its sole discretion, for any or no reason.

  5. Intellectual Property Rights

    The Service is protected under the copyright, trademark, and other intellectual property laws of the United States. You acknowledge that all intellectual property rights in the Service are owned by Ascendis or its third-party licensors to the full extent permitted under the law. Except for your own User Submissions, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of this Service without our written consent. You agree to use the Service only for your own personal and non-commercial use. Ascendis does not grant you the right to use the Service for any other purpose.

    Ascendis alone owns all right, title and interest in and to the Service and any suggestions, ideas, enhancement requests, feedback, or recommendations you may provide in connection with the Service, all of which are hereby assigned by you to Ascendis. You hereby acknowledge that you do not acquire and have no rights, title, or other interests in or to the Service other than the limited right to access and use the Service in accordance with Terms.

    Ascendis respects intellectual property rights. If you believe in good faith that User Submissions are accessible on the Service in a way that constitutes copyright infringement, please provide Ascendis’ designated agent with the following information in writing:

    • identification of the copyrighted work or a representative list of copyrighted works claimed to have been infringed;
    • identification of the allegedly infringing material and information reasonably sufficient to permit Ascendis to locate the material;
    • your name, address and daytime telephone number, and an e-mail address if available, so that Ascendis may contact you if necessary;
    • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
      and
    • a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

    Ascendis’ designated agent is: General Counsel, Ascendis Pharma Endocrinology, Inc., 902 Carnegie Center Blvd., Suite 301, Princeton, NJ 08540. Upon receiving a complete notice of claimed infringement, Ascendis will expeditiously remove or disable access to the allegedly infringing content. Ascendis will terminate the privileges of users who repeatedly infringe copyright. Please note that United States law provides significant penalties for falsely submitting a notice of copyright infringement.

  6. Links To Third-Party Content or Services

    The Service may contain links to third-party content or services. Ascendis does not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content or services. Use of any linked third-party content or service is at your own risk.

  7. Disclaimer of Warranties; Limitation of Liability

    THE FOLLOWING APPLIES TO THE EXTENT PERMITTED UNDER APPLICABLE LAW:

    YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND ASCENDIS HEREBY DISCLAIMS ANY LIABILITY, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR PERSONAL INJURY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE, INCLUDING FOR ANY PURPOSE RELATING TO OR RESULTING FROM ACCESS TO OR USE OF THE INFORMATION, CONTENT AND OUTPUTS OF THE SERVICE, AS WELL AS THE SERVICE ITSELF. ASCENDIS DOES NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SERVICE OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICE, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE. ASCENDIS EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION INCLUDED IN THE SERVICE OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

    YOU ARE HEREBY ADVISED AND SHOULD BE AWARE THAT THE SERVICE AND ANY INFORMATION OR CONTENT INCLUDED THEREIN OR ANY OUTPUTS THEREFROM ARE SO PROVIDED ON THE CONDITION, AND BASED ON THE ASSUMPTION, THAT YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR CARE. YOU HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING DISCLAIMERS, ALONG WITH ANY NOTICES OR DISCLAIMERS DISPLAYED ON SCREEN UPON ACCESSING OR USING THE SERVICE, WHICH APPLY IN ADDITION TO AND NOT IN LIMITATION OF THE TERMS: (1) THE SERVICE AND ANY INFORMATION OR CONTENT INCLUDED THEREIN OR ANY OUTPUTS THEREFROM, ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO, AND DO NOT, SUBSTITUTE FOR THE PROFESSIONAL INQUIRY, RESEARCH, EXPERTISE OR JUDGMENT OF PHYSICIANS, PHARMACISTS OR ANY OTHER HEALTHCARE PROFESSIONALS IN DIAGNOSING AND TREATING PATIENTS; YOUR RELIANCE UPON ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK; (2) ASCENDIS AND THE SERVICE ARE NOT AWARE OF ALL OF YOUR CIRCUMSTANCES, CONDITIONS AND MEDICAL HISTORY, ALL OF WHICH ARE RELEVANT TO PROVIDE GOOD CLINICAL CARE; (3) ASCENDIS AND THE SERVICE DO NOT VALIDATE OR VERIFY THE INFORMATION RECEIVED FROM YOU AND THEREFORE ASCENDIS CANNOT BE RESPONSIBLE FOR THE ACCURACY OR QUALITY OF THE INFORMATION PROVIDED BY THE SERVICE; (4) THE INFORMATION, DATA, SYSTEMS AND OUTPUTS PROVIDED BY THE SERVICE ARE NOT EXHAUSTIVE AND CANNOT BE RELIED UPON AS COMPLETE AND ARE DEPENDENT ON YOUR CORRECT USE OF THE SERVICE AND THE RELATED PRODUCTS; AND (5) ALTHOUGH THE SERVICE, AND ANY INFORMATION OR CONTENT INCLUDED THEREIN OR ANY OUTPUTS THEREFROM, MAY BE UPDATED FROM TIME TO TIME, NO WARRANTY IS PROVIDED THAT SUCH INFORMATION, CONTENT AND OUTPUTS ARE CURRENT OR ACCURATE AT ANY GIVEN TIME.

    IN NO EVENT WILL ASCENDIS, OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE SERVICE, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICE, DELAY IN OPERATION OR TRANSMISSION, VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICE OR THE DATA COLLECTED THROUGH THE SERVICE, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO STOP USING THE SERVICE.

  8. Indemnification

    You agree to indemnify, defend and hold Ascendis and its subsidiaries, affiliates, directors, officers, employees, agents and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Service and any violation by you of Terms. Ascendis reserves the right to assume the exclusive defense of any claim for which it is entitled to indemnification under this section. In such event, you shall provide Ascendis with such cooperation as Ascendis reasonably requests.

  9. Miscellaneous
    • Governing Law. You agree that these Terms will be governed by and construed in accordance with the law of the State of New Jersey without regard to principles of conflicts of laws.
    • Severability. If any provision of Terms is found to be illegal or unenforceable, that provision will be severed, with the remainder of the Terms remaining in full force and effect.
    • Entire Agreement; Waiver. These Terms constitute the entire agreement between you and Ascendis, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Ascendis. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations.
    • Assignment. Your rights under these Terms, including your right to access and use the Service, is personal to you. You may not assign or transfer any of your rights or obligations hereunder to any third party.
    • Independent Contractor. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ascendis as a result of these Terms or your access to and use of the Service.
    • Information, Complaints or Questions. If you have a question or complaint regarding the Terms, please write to General Counsel, Ascendis Pharma Endocrinology, Inc., 902 Carnegie Center Blvd., Suite 301, Princeton, NJ 08540.