Terms of Use

These Terms of Use (“Terms“) apply to your access to and use of dbv-technologies.com (collectively referred to as the “Website”), which is owned or operated by DBV Technologies (collectively with its affiliates, “DBV Technologies,” “we,” “us,” “our”). By accessing or otherwise using the Website, you are agreeing to these Terms and acknowledge our Privacy Policy. If you do not understand or agree to these Terms, you are not authorized to access or otherwise use the Website.

The content provided on this Website is for general information and educational purposes only. Nothing on the Website constitutes or is intended to be used as medical advice, diagnosis, treatment recommendations, or other professional healthcare advice, and your use of the Website does not create a physician-patient, healthcare provider-patient, or other professional relationship with DBV Technologies. You should not rely on the Website as a substitute for consultation with a qualified healthcare professional regarding any medical condition, treatment, medication, or healthcare decision. Always seek the advice of your physician or another qualified healthcare provider with any questions regarding a medical condition or before starting, stopping, or changing any treatment. Never disregard or delay seeking professional medical advice because of information available through the Website. If you or another person is experiencing a medical emergency, such as a severe allergic reaction or anaphylaxis, call 911 immediately or go to the nearest hospital. The Website is not monitored continuously and must not be used to request emergency assistance or medical advice.

Additionally, if you are participating in a DBV Technologies clinical trial or expanded access program (EAP), any adverse event, side effect, or other medical concern should be reported to your study/program investigator or clinical trial site in accordance with your study instructions, not through the Website.

1. Use of the Website

Subject to your compliance with these Terms, DBV Technologies grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Website and to download or print individual pages of the Website solely for your personal, informational, non-commercial use. Except as expressly permitted by these Terms or with DBV Technologies’ prior written consent, you may not copy, reproduce, modify, adapt, publish, distribute, transmit, publicly display, publicly perform, create derivative works from, sell, license, exploit, or otherwise use any portion of the Website or its content for any commercial purpose. Except for the limited license expressly granted in these Terms, no license or other right under any patent, copyright, trademark, trade secret, or other intellectual property or proprietary right (collectively, “IP/Proprietary Rights”) of DBV Technologies or any third party is granted to you by implication, estoppel, or otherwise. All rights not expressly granted are reserved by DBV Technologies.

We reserve the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) at any time with or without notice. You agree that DBV Technologies will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

You agree not to use the Website to:

• infringe, misappropriate, or otherwise violate any Intellectual Property/Proprietary Rights;
• interfere with, disrupt, or disobey the requirements or policies of the Website, or servers and networks connected to the Website;
• duplicate, decompile, reverse engineer, disassemble or decode the Website (including any underlying idea or algorithm), or attempt to do any of the same;
• use, reproduce or remove any copyright, trademark, service mark, trade name, or other proprietary notation displayed on/by the Website without permission, unless permitted by law;
• use the Website in any manner that impacts (i) the stability of the hardware running the Website, (ii) the operation or performance of the Website or other user’s experience or use of the Website, or (iii) the behavior of other applications that use the Website;
• impersonate or falsely state or otherwise misrepresent yourself or your affiliation with a person or entity;
• obtain or attempt to access any materials through any means not intentionally made available through the Website; or
• otherwise violate 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 US or other countries)
• modify or alter in any manner the content on the website by use of Artificial Intelligence or otherwise.

2. Modifications

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, depending on the nature of the change, we will post the changes on this page (or another similarly accessible page on the Website) and indicate at the top of the page the date these Terms were last revised and/or notify you through additional means, such as the Website’s user interface, in an email notification, or through other reasonable means and as required by applicable law. Except where otherwise prohibited by applicable law, your continued use of the Website after the date any such changes become effective constitutes your acceptance of the new Terms.

3. Intellectual Property Rights

Website Content. You acknowledge and agree that the Website contains content that is protected by IP/Proprietary Rights. In connection with your use of the Website, you will not engage in or use any data mining, robots, crawling, scraping or data gathering or extraction methods. If you are not permitted to access the Website or your IP address has been blocked, you agree not to circumvent or attempt to circumvent such blocking, including by masking your IP address or using a proxy IP address.

Nothing that is subject to DBV Technologies’ IP/Proprietary Rights (such as its trademarks, service marks, trade dress, trade names, logos, designs, product and service names, slogans, and the look and feel of the Website) may be copied, imitated or used, in whole or in part, without the prior written consent of DBV Technologies except as permitted by law. All trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners. Reference to any third-party products or services does not constitute or imply endorsement, sponsorship or recommendation by DBV Technologies. Nothing contained on the Website should be construed as granting any license, interest or right of any kind to use anything that is subject to IP/Proprietary Rights without the express prior written consent of the owner.

Submissions. You represent and warrant that you have all rights, permissions, and authority necessary to submit any information or materials that you provide through the Website and to grant the rights described in these Terms. You agree not to submit any information or material that (a) infringes, misappropriates, or otherwise violates any IP/Proprietary Rights of any person or entity; (b) is subject to confidentiality obligations or contractual, fiduciary, or legal restrictions that prohibit or limit its disclosure; (c) contains malicious code, viruses, or other harmful software or technology; (d) is false, fraudulent, misleading, unlawful, defamatory, threatening, harassing, obscene, or otherwise objectionable; or (e) otherwise violates applicable law or these Terms. You are solely responsible for all information and materials that you submit through the Website.

4. Feedback

Any suggestions, ideas, comments, recommendations, proposals, concepts, know-how, or other feedback that you voluntarily submit to us through the Website regarding the Website, our business, our research, our technology, our products, or our services (collectively, “Feedback“) will be deemed non-confidential and non-proprietary. You hereby irrevocably assign to DBV Technologies all worldwide right, title, and interest, including all IP/Proprietary Rights, in and to the Feedback. To the extent any such rights cannot legally be assigned, you irrevocably grant DBV Technologies a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, perform, create derivative works from, commercialize, and otherwise exploit the Feedback for any purpose, without notice, attribution, or compensation to you. Nothing in these Terms limits our rights to retain, review, process, disclose, or otherwise use other communications submitted through the Website.

5. Third-Party Websites

The Website may display links or references to third-party websites. You acknowledge and agree that DBV Technologies is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party website. Links to other websites are provided solely as a convenience to you.

6. Indemnity and Release

To the fullest extent permitted by law, you agree to release, indemnify and hold DBV Technologies and their officers, employees, directors and agent harmless from and against any and all losses, damages, expenses (including reasonable attorneys’ fees and court costs), rights, claims, actions of any kind (including any inquiries or investigations), and injury arising out of or relating to your use of the Website, your connection to the Website, your violation of these Terms or your violation of any rights of any third party. DBV Technologies reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with DBV Technologies in the defense of such matter.

If you are a California resident, you waive any rights or benefits under California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

7. Disclaimers

YOUR USE OF THE WEBSITE, WHICH INCLUDES THE INFORMATION AND CONTENT PROVIDED ON OUR WEBSITE, IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, DBV TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DBV TECHNOLOGIES MAKES NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS OR CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

8. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DBV TECHNOLOGIES, ITS EMPLOYEES, AGENTS, CONTRACTORS, AND SUPPLIERS (“DBV TECHNOLOGIES ENTITIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE DBV TECHNOLOGIES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (IV) ANY OTHER MATTER RELATING TO THE WEBSITE. IN NO EVENT WILL THE DBV TECHNOLOGIES ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

9. Applicable Law

All claims arising out of or relating to Terms will be governed by the laws of the State of New Jersey, USA, excluding New Jersey’s conflicts of laws rules.

10. Disputes; Jury Waiver.

You and DBV Technologies agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in New Jersey. You further agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

You and DBV Technologies unconditionally waive any right to trial by jury in any action, proceeding or counterclaim in any way arising out of or relating to the agreement or use of the Website.

11. General

These Terms constitute the entire agreement between you and DBV Technologies and govern your use of the Website, superseding any prior agreements between you and DBV Technologies with respect to the Website. The failure of DBV Technologies to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. A printed version of this Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You may not assign these Terms without the prior written consent of DBV Technologies, but DBV Technologies may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Website may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Website.

12. Contact Us

If you have any comments, questions, or concerns regarding these Terms, please contact us at general@dbv-technologies.com.