Terms of Use

FOS Medical Pty Ltd - Website Terms of Use

Effective Date: 31 July 2025

1. Introduction and Acceptance of Terms

Welcome to the FOS Medical Pty Ltd website, located at fosmedical.com (the "Website"). These Website Terms of Use ("Terms") constitute a binding legal agreement between you ("You", "Your", or "User") and FOS Medical Pty Ltd (ACN 686 071 787, ABN 69 686 071 787) ("FOS Medical", "We", "Us", or "Our").

By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Website.

2. Website Access and User Accounts

2.1. General Access: The public areas of the Website are provided for informational purposes. We grant you a limited, non-exclusive, non-transferable license to access and use the public content for your personal, non-commercial use.

2.2. Secure Access and User Accounts: Certain areas of the Website, including investor data rooms ("Secure Areas"), are accessible only to authorised users with a registered account. To obtain an account, you may be required to provide personal and professional information. You agree that all information you provide is accurate, current, and complete.

2.3. Account Security: If you are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any other person or entity. You are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorised access to or use of your username or password or any other breach of security.

2.4. Termination of Access: We reserve the right to disable any user account or terminate or suspend your access to all or part of the Website at any time, without notice, for any reason, including any violation of these Terms.

3. Intellectual Property Rights

All content, features, and functionality on the Website, including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof ("Website Content"), are owned by FOS Medical, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Website Content, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

If you are an authorised user of a Secure Area, you may download and use materials within that area solely for the approved purpose for which access was granted (e.g., to evaluate a potential investment or collaboration).

4. Confidential Information

4.1. Definition: All information and materials contained within the Secure Areas of the Website constitute "Confidential Information." This includes, but is not limited to, scientific data, clinical development plans, financial information, business strategies, and any other non-public information.

4.2. Obligations: By accessing the Secure Areas, you agree to:

• Keep all Confidential Information strictly confidential.

• Use the Confidential Information solely for the approved purpose for which you were granted access.

• Not disclose, copy, or distribute the Confidential Information to any third party without our prior written consent.

• Take all reasonable security measures to protect the Confidential Information from unauthorised access or disclosure.

4.3. Injunctive Relief: You acknowledge that any breach of your confidentiality obligations may cause irreparable harm to FOS Medical for which monetary damages would be an inadequate remedy. Accordingly, you agree that FOS Medical shall be entitled to seek injunctive or other equitable relief to prevent or remedy such a breach, in addition to any other rights or remedies available at law.

5. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent.

• To impersonate or attempt to impersonate FOS Medical, a FOS Medical employee, another user, or any other person or entity.

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm FOS Medical or users of the Website or expose them to liability.

• To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• To attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

6. Disclaimers

6.1. No Medical Advice: The information on this Website is for general informational purposes only and is not intended to be, and should not be relied upon as, a substitute for professional medical advice, diagnosis, or treatment.

6.2. No Investment Advice or Offer: This Website and its content do not constitute an offer to sell, or a solicitation of an offer to buy, any securities. The information provided is not investment advice. You should not rely on any information on this Website for making any investment decisions. Any forward-looking statements are subject to risks and uncertainties and are not guarantees of future performance.

6.3. General Disclaimer: You use this Website at your own risk. The Website and its content are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither FOS Medical nor any person associated with FOS Medical makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website.

7. Limitation of Liability

To the fullest extent permitted by law, in no event will FOS Medical, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data.

8. Indemnification

You agree to defend, indemnify, and hold harmless FOS Medical, its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website.

9. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia, for the resolution of any disputes.

10. General Provisions

10.1. Entire Agreement: These Terms and our Privacy Policy constitute the sole and entire agreement between you and FOS Medical regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

10.2. Changes to Terms: We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.

10.3. Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

11. Contact Information

If you have any questions about these Terms of Use, please contact us at:

• Attention: Legal Department

• Email: legal@fosmedical.com

• Address: FOS Medical Pty Ltd, 56 Renny Street, Paddington, NSW 2021, Australia