Please read the following terms and conditions of use (the “Terms of Use”) carefully before using this Site. Your use of this website is subject to, and constitutes acceptance of, the conditions included in these Terms of Use.

GENERAL.

This website at www.bellerophon.com, and any other website that links to these Terms of Use, (the “Site”) is provided and operated by Bellerophon Therapeutics Inc (“Bellerophon”) for the convenience of visitors to our Site for general information and general education purposes only. Nothing on this Site should be construed as an offer to form a binding contract, or as granting any license or transfer of intellectual property. Your use of this Site is at your own risk. Notwithstanding any other provision herein, Bellerophon reserves the right, in the event of a violation of these Terms of Use, to protect its rights, property and interests to the maximum extent of the law.

FORWARD-LOOKING STATEMENTS.

 This Site may contain forward-looking statements about Bellerophon’s financial and operating performance, business plans and prospects and product candidates currently in development that involve substantial risks and uncertainties. Actual results could differ materially from the expectations and projections set forth in those statements. Such risks and uncertainties include, among other things, the uncertainties inherent in pharmaceutical research and development; Bellerophon’s ability to successfully complete pre-clinical or clinical development of its product candidates; decisions by regulatory authorities regarding whether and when to approve Bellerophon’s product candidates; competitive developments; Bellerophon’s ability to successfully commercialize its product candidates, if approved; challenges to the validity and enforcement of Bellerophon’s patents; governmental laws and regulations affecting health care, including, without limitation, regarding pharmaceutical product access, pricing and reimbursement; and general economic conditions. Bellerophon assumes no obligation to update any forward-looking statements as a result of new information, future events or otherwise. Reliance on this Site or any content thereon is solely at your own risk.

NO MEDICAL ADVICE.

This Site is provided for informational purposes only and is not medical advice or a substitute for professional medical advice, diagnosis, treatment, or care. Only your physician or other healthcare professional can determine if a product described on this Site is appropriate for you. Use of this Site is not a substitute for a consultation or visit to, or consultation with, your physician or a healthcare professional. You should not rely on this Site or any other service offered by or through this Site for medical diagnosis or treatment. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN OR HEARD ON THIS SITE. PLEASE CONSULT WITH YOUR PHYSICIAN, OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL, BEFORE USING ANY PRODUCT DISCUSSED ON THIS SITE.

COPYRIGHTS AND TRADEMARKS.

 This Site, its content, and the information which it contains, including, but not limited to, pictures, illustrations, designs, icons, text, audio clips and video clips and all intellectual property rights therein, is the property of Bellerophon and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, international conventions and other intellectual property laws. All trademarks and logos appearing on this Site are property of their respective owners. Nothing on this Site should be construed to grant any license or right in or to any trademarks, logos or other intellectual property rights. All rights are reserved by the owners of each trademark, service mark, logo or other intellectual property, except as otherwise described in this notice. You may access and use this Site and all content thereon solely for non-commercial, personal and informational purposes. You may not publicly distribute any content from this Site, and no use of this Site or its content is authorized other than as expressly permitted by these Terms of Use.

PRIVACY.

 Your use of this Site, and any information (including without limitation personal information) that you submit to us through or in connection with this Site, is subject to the Bellerophon Privacy Policy , which is Site incorporated by reference into these Terms of Use.

NON-CONFIDENTIAL INFORMATION.

Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information. We shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products. You are solely responsible for all information you send to us, including, without limitation, its accuracy, truthfulness and non-infringement of any other party’s legal rights.

DATED INFORMATION.

 While Bellerophon may periodically update or correct information presented on this Site, and such information, or other information on this Site, may include typographical errors and/or technical inaccuracies and/or omissions. Bellerophon makes no representation or warranty as to the accuracy of any information on this Site and expressly disclaims any obligation to update such information. Bellerophon also reserves the right to make additions, deletions or modifications to any information at any time and from time to time without any prior notice.

LINKS TO OTHER WEBSITES.

 This website contains links to websites maintained by other companies. Bellerophon is providing these links to you only as a convenience, and your access to such websites is at your own risk. The inclusion of any link does not imply that Bellerophon endorses any third-party ebsite or third-party company or product. Bellerophon does not have any control over the content of such third-party websites and assumes no responsibility whatsoever for the functionality of such websites or for the accuracy or reliability of any information, data, opinions, advice or statements presented or accessible at or from such other websites, or their products, services, or content.

USE OF THIS SITE.

You agree not to (i) use this Site to violate any applicable law or regulation, including, without limitation, any local, state, provincial, national or international law, any export control laws or any regulations promulgated by any state or federal authority; or (ii) frame, repackage, or otherwise re-distribute any portion of this Site. We may, at our sole discretion, take any action we deem necessary, including, but not limited to, termination of access to this Site if we believe a user has violated these Terms or Use or creates liability for us, our affiliates, partners, suppliers or other users. We will not be liable to you or any third party as a result of such termination.

LINKS TO THIS SITE.

 Links to any document published by Bellerophon on this Site must be made to the home page only, without deleting any frames, or our URL address. Links to this Site must not imply any false endorsement, sponsorship, affiliation or association with Bellerophon. We reserve the right at all times to revoke consent to a link at any time.

NO WARRANTIES.

THIS SITE AND ALL INFORMATION AND CONTENT ON, AVAILABLE, OR ACCESSIBLE FROM OR THROUGH THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, BELLEROPHON DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON OR THROUGH THIS SITE IS FREE OF ERRORS, IS ACCURATE, CURRENT, OR COMPLETE; (ii) THE CONTENT, FUNCTIONS OR SERVICES PROVIDED BY OR THROUGH THIS SITE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED; OR (iv) THAT THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BELLEROPHON AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

DISCLAIMER.

 IN NO EVENT SHALL BELLEROPHON BE LIABLE TO YOU, ANY OTHER USER OF THIS SITE, THIRD-PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THIS SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

LIMITATION.

 BELLEROPHON’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OF USE SHALL NOT EXCEED THE GREATER OF (I) $1.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO US FOR THIS SITE, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.

EXCLUSIONS.

 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION.

You agree to indemnify, defend and hold harmless Bellerophon, its subsidiaries, affiliates, directors, officers, employees, agents, consultants, business partners and assigns of same, 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 this Site or your violation of these Terms of Use.

APPLICABLE LAW.

 SiteSiteSite These Terms of Use and your use this Site shall be governed by the laws of the State of New Jersey without regard to its conflicts of law principals. Any legal action or proceeding related to this Site shall be brought exclusively in the state or federal courts located in New Jersey.

VOID WHERE PROHIBITED.

This Site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this Site is accessible to users outside of the U.S., the information pertaining to Bellerophon products is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. Any offer for any product of service made on this Site is void where prohibited.

MISCELLANEOUS.

 You may not assign or transfer your rights or obligations under these Terms of Use in whole or in part to any third party without our consent. These Terms of Use shall bind and inure to the benefit of the parties to these Terms of Use and their respective successors and permitted assigns. We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms of Use contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersedes all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms of Use on this Site. However, if you have a separate written agreement or contract with us pursuant to your direct relationship with us, such agreement or contract shall remain in effect. The headings and captions used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use. If any part of these Terms of Use is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Bellerophon reserves the right to alter or delete material from this Site at any time at its sole discretion.

CHANGES TO THIS NOTICE.

 Bellerophon reserves the right to change these Terms of Use from time to time for any reason, which shall be effected by posting of the updated Terms of Use to this Site; provided that any such changes shall only apply to your use of this Site after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through, signed agreement or otherwise.

FOR ADDITIONAL INFORMATION.

 If you have any questions about these Terms of Use, please contact us via www.bellerophon.com.

Effective Date: 15April2021