Welcome to the KalVista Pharmaceuticals website (“Website”). Our Website is a copyrighted website that is intended only for users who reside in the United States of America and the United Kingdom and who are 18 years of age or older. If you continue to browse and use this website you are agreeing (on behalf of yourself or the legal entity you represent) that you have read, understood, and agree to comply with and be bound by the following terms and conditions of use, which together with our privacy notice, govern KalVista Pharmaceuticals’ relationship with you in relation to this website. If you do not agree to these terms and conditions, please do not access or use the Website. You furthermore agree to be bound to the requirement of the use of arbitration (hereinbelow) on an individual basis to resolve disputes, rather than a jury trial or class action, and you also agree to the limitation of remedies available to you in the event of a dispute.
The term “KalVista”, “KalVista Pharmaceuticals” or “us” or “we” refers to the owner of the Website whose registered offices are KalVista Pharmaceuticals, 55 Cambridge Parkway, Suite 901E, Cambridge, Massachusetts 02142 U.S.A and KalVista Pharmaceuticals Ltd, Porton Science Park, Bybrook Rd, Porton Down, Wiltshire, SP4 0BF, United Kingdom, with a registration number is 07543947 in England & Wales. The term “you” refers to the user or viewer of our Website.
The use of this Website is subject to the following terms and conditions of use:
Use of Content
KalVista Pharmaceuticals
ATTN: Legal
55 Cambridge Parkway, Suite 901E
Cambridge, MA 02142
Email: info@kalvista.com
KalVista reserves the right to reject any notice that does not contain all requirements of 17 U.S.C. §512.
Submissions
The Website is not intended to and does not enable users to post or share information on the Website. We are happy to hear from you and welcome your comments regarding KalVista’s work or the Content. We can be contacted through our “Contact” page/form or by emailing us at any of the email addresses provided on the Website, including but not limited to info@kalvista.com. It is against KalVista’s company policy, however, to accept or consider confidential or creative ideas, suggestions, input, inventions, notes, drawings, concepts, materials, or other information (collectively “Information”) unless specifically requested in writing by an authorized officer, employee, or agent of KalVista. If you independently send us any Information, it will be treated as, deemed and will remain, the sole and exclusive property of KalVista. By sharing Information with KalVista, you hereby grant KalVista an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free, sublicensable, and worldwide license to use, exploit, sublicense, and sell the Information in any manner and for any purpose, including to improve the Website, developing our products, and creating services. By sharing Information, you agree that none of the Information is subject to any obligation of confidence on the part of KalVista and KalVista is not and will not be liable for any use or disclosure of any Information. Without limiting the foregoing, KalVista has exclusive ownership of all now known or existing rights to the Information and is entitled to unrestricted use of the Information for any purpose whatsoever, including but not limited to commercial or otherwise, without any compensation to You or and other provider of the Information.
Investors
The Website may contain “forward-looking” statements within the meaning of the safe harbor provisions of the U.S. Private Securities Litigation Reform Act of 1995. Forward-looking statements can be identified by words such as: “anticipate,” “intend,” “plan,” “goal,” “seek,” “believe,” “project,” “estimate,” “expect,” “strategy,” “future,” “likely,” “may,” “should,” “will” and similar references to future periods. These statements are subject to numerous risks and uncertainties that could cause actual results to differ materially from what we expect. Examples of forward-looking statements include, among others, timing or outcomes of communications with the FDA, our expectations about safety and efficacy of our product candidates and timing of clinical trials and its results, our ability to commence clinical studies or complete ongoing clinical studies, including our KONFIDENT-S and KONFIDENT-KID trials, and to obtain regulatory approvals for sebetralstat and other candidates in development, the success of any efforts to commercialize sebetralstat, the ability of sebetralstat and other candidates in development to treat HAE or other diseases, and the future progress and potential success of our oral Factor XIIa program. Further information on potential risk factors that could affect our business and financial results are detailed in our filings with the Securities and Exchange Commission, including in our annual report on Form 10-K for the year ended April 30, 2024, our quarterly reports on Form 10-Q, and our other reports that we may make from time to time with the Securities and Exchange Commission. We undertake no obligation to publicly update any forward-looking statement, whether written or oral, (including any forward-looking statements on the Website) that may be made from time to time, whether as a result of new information, future developments or otherwise.
Links/Third Party Content
From time to time this website may also include links to other websites, including unaffiliated third-party websites. These third-party websites are not under KalVista’s control and any links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no liability or responsibility for your use of the links or for the content of the linked website(s), nor do we represent, warrant, or endorse such websites. Your use of these links is at your risk. All third-party trademarks used on our Website are the property of their respective owners and are used for reference purposes only. You may not create a link to this Website from another website or document without KalVista Pharmaceuticals’ prior written consent.
Indemnification
You agree to indemnify and hold harmless KalVista (its affiliates, directors, officers, employees, licensors, licensees, collaborators, representatives, agents, and successors) from and against any and all claims, losses, liabilities, damages, demands, and expenses (including reasonable costs, attorneys’ fees and witness fees and costs) made by any third party arising out of, resulting from or connected with: (a) your access or use of the Website or the Content; (b) your violation of any portion of these terms and conditions or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property, confidentiality, or privacy, in connection with your access or use of the Website; or (d) any dispute or issue between you and any third party in connection with your access or use of the Website. KalVista reserves all and any rights, at your expense, to assume the exclusive defense and control of any matter in which you are required to indemnify KalVista, and you agree to use your best efforts to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of KalVista.
Disclaimer
KalVista disclaims all and makes no warranties or representations as to accuracy of any Content or information on the Website. KalVista disclaims all and assumes no liability or responsibility for any errors or omissions in the Content or information on the Website. KalVista has not reviewed all the Content on the Website, including any third-party websites that may be linked to the Website and is not responsible for the content of any other websites, webpages, or any other sites linked to the Website. ANY USE OF OR RELIANCE ON THE CONTENT IS AT YOUR SOLE RISK. THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KALVISTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KALVISTA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE OR AVAILABLE IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KALVISTA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, OR RELIABILITY. IN NO EVENT WILL KALVISTA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR ABILITY OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION CONTAINED THEREIN. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Arbitration and Dispute Resolution
By accessing and using the Website, KalVista and you agree that all disputes that cannot be resolved informally or through small-claims court in connection with these terms and conditions will be resolved by binding arbitration, which is a less formal legal proceeding than a lawsuit in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to extremely limited review by a court. This agreement to arbitrate (“Arbitration Agreement”) disputes includes all claims arising out of or relating to any aspect of these terms and conditions, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms and conditions. Unless otherwise agreed to, all Arbitration proceedings will be held in English. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, KALVISTA AND YOU ARE EACH WAIVING THE CONSTITUTIONAL AND STATUTORY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND THAT THIS AGREEMENT WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT. In the event any litigation should arise between KalVista and you in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, KALVISTA AND YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
KALVISTA AND YOU AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Further, unless both KalVista and you agree otherwise, the arbitrator may not consolidate more than one person’s claims and the arbitrator may not otherwise preside over any form of a representative or class proceeding.
Before either party may seek arbitration, the party must first send to the other party a written notice of dispute (“Notice”) that describes the basis and the nature of the claim or dispute, as well as the requested relief. After the Notice is received, KalVista and you may attempt to resolve the claim or dispute informally. Notwithstanding the above, nothing in these terms and conditions will be deemed to waive, restrict, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief to aid arbitration from a court of competent jurisdiction; or (d) to file suit in a court of law to address an intellectual property infringement claim. If KalVista and you cannot resolve the claim or dispute within thirty (30) days after the Notice is received or a period of time mutually agreed upon by the parties, either party may begin arbitration proceedings. If KalVista or you pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules (defined hereinbelow) for the pertinent claim. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Any arbitration between KalVista and you will be initiated and settled under the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in these Terms. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. The rules of the ADR Provider will govern all aspects of arbitration, including the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms. The AAA Rules and filing forms are available online at www.adr.org, or by calling the AAA at (800) 778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes in which the total award amount sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total award amount sought is over Ten Thousand U.S. Dollars (US $10,000.00), the right to a hearing will be determined by the AAA Rules. Any arbitration will be held in a location within 100 miles KalVista’s principal place of business, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator will give the parties reasonable notice of the date, time, and place of any hearings or proceedings. Any judgment or award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the dispute is finally resolved through arbitration in your favor, KalVista will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; or (ii) $2,500.00.
Each party will bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.
Any Notice to KalVista can be sent to:
KalVista Pharmaceuticals
ATTN: Legal
55 Cambridge Parkway, Suite 901 E
Cambridge, MA 02142
Email: info@kalvista.com
If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse KalVista for all costs that are otherwise your obligation to pay under the AAA Rules. The arbitrator must render a reasoned, written decision sufficient to explain the essential findings and conclusions on which any decision and/or award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment, reimbursement of fees or expenses or grant of non-monetary remedy or relief under applicable law, the AAA Rules, and the terms and conditions at any time during the proceeding or, upon request from either party, within ten (10) business days of the arbitrator’s ruling on the merits. The arbitrator has the same authority to award relief individually as a judge in a court of law would have. The award of the arbitrator is final and binding upon KalVista and you. All aspects of the arbitration proceedings, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Agreement will continue in full force and effect. Either party may waive any or all the rights and limitations set forth in this Arbitration Agreement. Such a waiver will not waive or affect any other portion of this Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship with KalVista.
Jurisdictional issues
The Website and its Content are intended for users in the United States and/or the United Kingdom and intended to comply with the laws and regulations in the United States and/or United Kingdom, without regard to the conflict of law provisions thereof. KalVista makes no representation that Content is appropriate or available for use in other locations. By continuing use of the Website in the United States or any location outside of the United Kingdom, you are affirmatively consenting that your access and use hereof will be governed construed in accordance with the applicable laws of the Commonwealth of Massachusetts and United States, excluding their conflict of law provisions. If you continue to use the Website from the United Kingdom, your use of this Website and any dispute arising out of such use of the website is subject to the laws of England and Wales. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable. KalVista reserves the right to limit the provision of any product or service to any person, geographic region, or jurisdiction and to limit the products or services that we provide.
Termination
These terms and conditions are effective until terminated by KalVista or you in accordance with this section. You may terminate your agreement at any time by destroying all Content obtained from the Website and all related documentation and all copies and installations thereof, whether made under these terms and conditions or otherwise. These terms and conditions will terminate immediately without notice from KalVista if we, in our sole discretion, suspect or determine that you failed to comply with any part or portion of the terms and conditions. Upon termination, you must destroy all Content obtained from the Website and all copies thereof, whether made in accordance with the terms and conditions or not. The terms and conditions set forth for the Website will survive such termination, including without limitation the paragraphs headed “Use of Content,” “Restrictions on Use of Materials,” “Investors,” “Submissions,” “Arbitration and Dispute Resolution,” “Indemnification,” “Jurisdictional Issues,” “Termination,” and “Disclaimer.”
Severability
If any of these terms and conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these terms and conditions will remain in full force and effect. If any provision of these terms and conditions is held invalid or unenforceable only in part or degree, the remainder will continue in full force and effect to the extent not held invalid or unenforceable.
Assignment
You may not assign, delegate, or transfer these terms and conditions or your rights or obligations hereunder, in any way (by operation of law or otherwise). We may transfer, assign, or delegate these terms and conditions and our rights and obligations without consent.
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