Terms of Use (US)

Last Updated: October 17, 2025

Introduction.

SamanTree Medical, Inc. and SamanTree Medical SA (“SamanTree”, “we,” “us,” or “our”) are pleased to provide you with this website (the “Website” or “Site”). These Terms of Use, together with any terms expressly incorporated by reference, including the SamanTree’s Privacy Notice, govern your access to and use of the Website. By clicking “Submit,” “Confirm,” or “I Accept” (or similar acceptance language) if prompted, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should not access the Website. Capitalized terms used but not defined in these Terms of Use have the meaning given to them in the SamanTree Privacy Notice. Please refer to the SamanTree Privacy Notice to learn about our privacy practices with respect to your Personal Information.

PLEASE NOTE THAT THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION PROVISION THAT REQUIRES ARBITRATION, WAIVES YOUR RIGHT TO TRIAL BY JURY, AND WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING IN THE EVENT OF DISPUTES, AS SET OUT IN MORE DETAIL BELOW.

Purpose and content of the Site.

The Site provides general information about SamanTree, its technology, products, services, research activities, corporate information, and news. The Site is intended for healthcare professionals, potential partners, and the general public. Content is provided for informational purposes only. The Site does not offer or facilitate the sale of products or services.

Eligibility.

In order to access the US Website, the following must be true:

  • You are at least 18 years of age or older; and

  • You live in a place where the Website is made available.

If you do not meet these requirements, you must not access or use the Website. You understand and agree that satisfying the above requirements does not guarantee that you will receive access to the Website. In addition to the above requirements, SamanTree reserves the right to change or include new requirements as deemed appropriate in its sole discretion without providing prior notice to you.

We make no claims or representations that the US Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Restrictions on Use.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You will comply with all applicable laws, including any and all laws in your relevant states and localities, pertaining to the use of the Website. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);

  • To impersonate or attempt to impersonate us, our employees, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); and

  • 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 us or other users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other user’s use of the Website, including his or her ability to engage in real time activities through the Website;

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;

  • Use any device, software, or routine that interferes with the proper working of the Website;

  • Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful;

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored or hosted, or any server, computer, or database connected to the Website;

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; and

  • Otherwise attempt to interfere with the proper working of the Website.

No medical or professional advice.

Content on the Site is not intended to provide medical, diagnostic, therapeutic, legal, financial, or other professional advice. If you desire or need such advice, you should consult a professional.

Product information, regulatory status, and availability.

References on the Site to specific products or indications may relate to products cleared, approved, or CE-marked in certain jurisdictions only. Such products may not be available in all countries or may be available under different trademarks, for different indications, in different configurations, or subject to different regulatory approvals.

Accuracy, updates, and availability.

We endeavor to keep the content of the Site accurate and up to date; however, we do not guarantee the availability, completeness, correctness, or timeliness of any content. We may modify, correct, or remove content at any time without notice.

Forward-looking statements.

This Site may contain forward-looking statements about plans, objectives, projections, and future performance. These statements are subject to significant uncertainties and risks, including scientific, clinical, regulatory, market, and financial factors. Actual results may differ materially.

Intellectual Property.

All content on the Site, including text, images, graphics, videos, designs, software, trademarks, logos, and their arrangement (collectively, “Content”), is owned by or licensed to SamanTree and protected by intellectual property laws. Nothing on the Site grants any license or right to use any copyright, trademark, logo, or other property right without written permission of SamanTree. Request for permission to reproduce any information contained on this Site should be addressed to the SamanTree Medical Webmaster at info@samantree.com. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. The SamanTree name and logos and all related product and service names, brand colors, design marks, and slogans are the trademarks or service marks of SamanTree. No trademark or service mark license is granted in connection with the materials contained within the Website. Access to the Website does not authorize anyone to use any SamanTree name, logo, or mark in any manner. Unauthorized use of any information and material on this Site may give rise to a claim for damages and/or be a criminal offence.

Third-party links and resources.

This Site may contain links to third-party websites or resources. These are provided for convenience only and we have no control over their nature, content, and availability. The inclusion does not necessarily imply a recommendation or endorsement of the views expressed within them. The privacy practices of linked sites could be different from those of SamanTree. If you access third-party linked sites from SamanTree’s Website, you are solely responsible for the access and use of the third-party linked sites. We expressly disclaim any liability for all third-party information and the use of it.

Disclaimer of Warranties.

TO THE FULLEST EXTENT PERMITTED BY LAW, SAMANTREE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO ITS WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITATION TO THE ABOVE, SAMANTREE DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE

WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH WEBSITE WILL MEET YOUR EXPECTATIONS, NEEDS, OR REQUIREMENTS, AND (V) ANY ERRORS ASSOCIATED WITH THE WEBSITE WILL BE CORRECTED.

SAMANTREE IS NOT RESPONSIBLE FOR ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE COMPANY (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS OUR WEBSITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAMANTREE OR ITS AFFILIATED ENTITIES OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Security:

We implement reasonable and appropriate security measures to protect your Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations. However, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the internet. Also, no data transmission over the internet is 100 percent secure. You should take appropriate precautions to protect personal and confidential information, including any passwords or account information, and to use the Website and your devices or applications in a secure and responsible manner. You are responsible for the security of your devices and your transmission of information and if you have concerns of transmission of information over the internet, you should use other means of communications.

Indemnification:

You agree to indemnify and hold harmless SamanTree, its affiliates, its licensors, and its service companies from and against any and all claims and expenses, including attorneys’ fees, whether made by you, or on your behalf, or by any third party arising out of your use of or access to the Website, including but not limited to claims arising out of (i) your violation of these Terms of Use; (ii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right; and (iii) any misrepresentation made by you. You agree to promptly notify SamanTree and cooperate fully with SamanTree in the defense of any claim. SamanTree reserves the right to assume the exclusive defense and control of any claim indemnified under this section by you.

Waiver, Release, and Limitation of Liability:

YOU AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY LAW, SAMANTREE, ITS AFFILIATES, ANY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE WEBSITE SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES RELATED TO THE OPERATION OF OR YOUR ACCESS TO AND USE OF THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT, CONSEQUENTIAL, AND OTHER DAMAGES ARE LIMITED OR PROHIBITED BY LAW, YOU AGREE THAT ANY AND ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES YOU SUFFER OR INCUR RELATED TO YOUR ACCESS TO AND USE OF THE WEBSITE THAT RESULT FROM ANY ACT OR OMISSION OF SAMANTREE, ITS AFFILIATES, ANY SAMANTREE LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE WEBSITE SHALL BE LIMITED TO THE FEES PAID BY YOU DURING THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR IF NO FEES WERE PAID OR PAYABLE BY YOU FOR SUCH PERIOD, $100.00.

THE ABOVE LIMITATIONS OF AND EXCLUSIONS TO LIABILITY APPLY REGARDLESS OF THE TYPE OF DAMAGES OR CLAIMS, INCLUDING, WITHOUT LIMITATION, DAMAGES OR CLAIMS RELATED TO (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA; OR (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, OR DELAYS IN OPERATION OR TRANSMISSION, OR (III) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT,

DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, OR SERVICES, OR (IV) OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE. YOU AGREE THAT THIS LIMITATION APPLIES EVEN IF SAMANTREE, ITS AFFILIATES, ANY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE WEBSITE IS NEGLIGENT OR HAS BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES.

THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS SPECIFIED IN THIS SECTION ARE ESSENTIAL TERMS, WITHOUT WHICH THE SERVICES WOULD NOT BE OFFERED, ARE A REASONABLE ALLOCATION OF RISK, AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

TO THE EXTENT THE ABOVE LIMITATION OF LIABILITY IS RESTRICTED UNDER LAW, THE ABOVE LIMITATION SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH LAW.

Governing law and jurisdiction.

You and SamanTree agree that your access to SamanTree’s Website and these Terms of Use, and any dispute between you and SamanTree relating to your use of the Website and these Terms of Use, will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law rules, except for the Dispute Resolution provision below.

Severability and No Waiver.

No waiver by SamanTree of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, and any failure by SamanTree to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any part of these Terms of Use is held invalid or unenforceable, it will be so held to the minimum extent required by law, or removed from the Terms of Use, and except as set forth in the Dispute Resolution section, all other parts of these Terms of Use are still valid and enforceable. The parties further agree

to replace such invalid or unenforceable provision of these Terms of Use with a valid and enforceable provision that will achieve, to the fullest extent possible, the economic, business, and other purposes of such invalid or unenforceable provision.

Modification and Access.

SamanTree may modify these Terms of Use at any time, in its sole discretion, without notice to you, and such modifications will be posted here and become effective upon posting online. You agree to review these Terms of Use regularly because you will be bound by any changes made, and your continued use of the Website constitutes agreement to any modified terms. We reserve the right to withdraw or amend the Website, and any material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the entirety of the Website.

Entire Agreement.

These Terms of Use constitute the entire agreement between you and SamanTree pertaining to the subject matter hereof. They supersede all other agreements, communications, or representations, oral or written, between us, past or present.

Dispute Resolution.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE ARBITRATION OF CERTAIN DISPUTES ON AN INDIVIDUAL BASIS AND LIMIT THE PROCEDURES BY WHICH YOU AND SAMANTREE CAN SEEK RELIEF. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONS, OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. HOWEVER, IN ARBITRATION, BOTH YOU AND US WILL BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS WE WOULD BE IN COURT.

Agreement to Arbitrate and Jury Waiver.

You and SamanTree mutually agree to resolve Disputes (as defined below) with SamanTree in arbitration, as set forth in more detail below. Both you and SamanTree waive the right to a jury trial on any Disputes, to the fullest extent permitted by law. The word “Disputes” means any disputes, claims, suits, actions, causes of action, losses, liabilities, and/or demands in any way relating to, in connection with, or arising out of the Website, use of any cookies, pixels, web beacons, or similar technologies, data or information privacy, sharing, or security concerns, incidents, or breaches, or these Terms of Use, including any past, currently pending, existing, or future Disputes of any kind. “Disputes” do not include, and this arbitration and class waiver provision does not apply to, claims by or against SamanTree employees related to the terms or conditions of their employment, individual actions brought in small claims court for disputes fully within the scope of such court’s jurisdiction, or claims in which either party seeks injunctive or other equitable relief to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

Class Action Waiver.

To the maximum extent allowed by applicable law, you and SamanTree agree that each may bring claims against the other only in your or its individual capacity, on an individual basis, and that you and SamanTree each waive any right to pursue claims on a class, collective, non-individual, mass, or consolidated basis or in a representative proceeding. The arbitrator may not join or consolidate more than one person’s claims, and may not otherwise preside over any form of representative, collective, non-individual, mass, or class proceeding. Nothing in these terms should be read to allow class arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this Dispute Resolution provision and its terms are unenforceable, unconscionable, applicable, valid, void, or voidable shall be determined exclusively by an arbitrator, and not by any court.

Pre-Arbitration Notice and Good Faith Negotiations.

You and SamanTree also agree that each party will notify the other in writing of any Dispute before initiating arbitration, so that we can try to resolve the Dispute informally and individually. Notice by SamanTree will be sent to you at your last known street and email addresses on file, and notice by you to SamanTree will be sent by mail to 50 Milk Street, Floor 16, Boston, MA 02109. The notice of Dispute must be specific and individual to you and include your name, street address, telephone number, and email address used for access to the Website, as well as a brief description of the Dispute, the amount of money (if any) at issue, and the specific relief sought. The notice must be signed and include your handwritten signature or the handwritten signature of a SamanTree employee, as applicable, depending on which party is initiating the Dispute. You and SamanTree then agree to negotiate personally, individually, and in good faith to try to resolve the Dispute. If and only if we cannot resolve the Dispute within thirty (30) days after the notice is received, then either party may commence an arbitration proceeding with a written demand for arbitration. Any limitations period will be tolled from the date the Dispute is noticed to the other side until the expiration of this thirty (30)-day period. Compliance with this Pre-Arbitration Notice provision is a condition precedent and requirement for initiating any arbitration proceedings.

Arbitration Procedures.

To make arbitration as cost-efficient for the parties as possible, the parties agree to initiate any arbitration without using an arbitration service company or administrator and to instead serve directly on the other party a written arbitration demand setting forth the relevant facts and claims. The demand will be specific and individual to you and include the information and signature set out in the Pre-Arbitration Notice provision above. The delivery addresses for service of the written arbitration demand are the same as set out in the notice paragraph above. The arbitrator will be selected through mutual agreement of the parties, and the arbitrator will be a licensed attorney or a retired judge. The parties may mutually agree upon an arbitrator and the court will appoint an arbitrator under 9 U.S.C. § 5, if the parties cannot agree. The arbitration will be conducted in Delaware; your county of residence; or another mutually agreed location, and the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration. Any documents exchanged will not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law. Unless otherwise prohibited by law, all arbitration proceedings will be confidential to SamanTree and you, and closed to the public and anyone not a party to the proceeding. The arbitrator will have the authority to award monetary damages and other remedies on an individual basis only to the extent available under applicable law and consistent with and subject to the limitations set forth in these Terms of Use. Also, to the fullest extent allowed by law, the arbitrator may award declaratory or injunctive relief only in favor of you or SamanTree and only to the extent necessary to provide the relief warranted by your or SamanTree’s individual claim. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Except as modified by these terms, the parties agree to conduct their arbitration pursuant to the JAMS General Arbitration Rules and Procedures, available here.

Arbitration Fees.

The party initiating the arbitration will pay any filing, case initiation, or arbitrator fees, up to the amount that would be required to pursue the same claim in the U.S. District Court for the District of Delaware. For individual damages claims with less than $25,000 at issue, SamanTree will pay the additional, reasonable fees and costs of arbitration. For claims with more than $25,000 at issue, or where a party seeks injunctive or declaratory relief, the parties will share the fees and costs of arbitration equally. The parties’ good faith negotiation of reasonable fees related to the arbitration is authorized as needed. If the arbitrator determines that your or our claim(s) are frivolous, the party bringing the frivolous claim(s) will reimburse the other party for any amounts that other party paid for the arbitration.

Federal Arbitration Act.

These Terms of Use affect interstate commerce, and the interpretation and enforceability of this Dispute Resolution provision will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these Terms of Use.

Forum Selection.

For any dispute not subject to arbitration, you and SamanTree agree to proceed in state and federal courts covering Delaware, and you agree to be subject to personal jurisdiction there, waiving any jurisdictional, venue, or inconvenient forum defenses or objections to those courts. If SamanTree does not enforce any rights under these Terms of Use at any point, it will not be deemed a waiver of any provision or right under these Terms of Use.

Limitation of Time to File Claims.

Any action, claim, or dispute you have against us must be filed within one (1) year, unless prohibited by applicable law. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

Contact Us.

You can contact SamanTree at the following address: within the United States at 50 Milk Street Floor 16, Boston, MA 02109 or outside the United States at E40 Business Park, Rue de Bruxelles 174, B-4340 Awans, Belgium, by telephone: 866-993-1441 and by email at info@samantree.com.

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