Terms of Use - Outlook Therapeutics

Thank you for visiting the websites (“Website”) that Outlook Therapeutics, Inc. and its affiliated companies. This Website is a copyrighted and intended only for users who reside in the United States of America and who are 18 years of age or older. By using this Website, you agree (on behalf of yourself or any 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 (“Terms of Use”), which together with our privacy notice (“Privacy Notice”) govern Outlook Therapeutics’ relationship with you in relation to this Website. If you do not agree with these Terms of Use, please do not access or use the Website.

IMPORTANT: In line with the included Arbitration Agreement (see below), you also agree to settle any disputes through arbitration rather than a jury trial or class action lawsuit, and you also agree to the limitation of remedies available to you in the event of a dispute. See the “Arbitration and Dispute Resolution” section below for more details.

“Outlook”, “Outlook Therapeutics” or “us” or “we” refers to Outlook Therapeutics, Inc. and/or its affiliated companies, located at 111 S. Wood Avenue, Unit #100, Iselin, New Jersey 08830. The term “you” refers to the user, viewer, or any entity or application that accesses our Website.

The use of this Website is subject to the following terms and conditions of use:

The content, materials, and other information (“Content”) of this Website is for your general use only and may be subject to change without notice.
NEITHER OUTLOOK NOR ANY THIRD PARTIES ON OUTLOOK’S BEHALF PROVIDE ANY WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND MATERIALS FOUND OR OFFERED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY FOR ANY PARTICULAR PURPOSE. Outlook is not obligated to update any information that may change after posting. Unless it is indicated otherwise, all future releases of the Website are subject to these Terms of Use. By accessing and using the Website, you agree that Outlook waives all liability, to the fullest extent permitted by law, to you or any third-party for any information that may contain inaccuracies or errors, for any changes, modifications, suspensions, or discontinuation of the Website or any part of the Website. You further acknowledge and agree that Outlook has no obligation to provide any support or maintenance to you in connection with your access or use of the Website.

Outlook reserves the right, at any time, to change, modify, suspend, or discontinue the Website or any part of the Website at any time and without notice to you. You are bound by any such revision. Please visit the Website regularly for the most up-to-date version of the Website.

Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It is your responsibility to ensure that any products, services, or information available through this Website meet your specific requirements or particular purpose. This Website contains material that may be owned by, or licensed to, Outlook. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright or trademark notice, which forms part of these Terms of Use.
Medical information contained on the Website is intended for general informational purposes only. The Website and the information contained on the Website is not a substitute for professional medical advice, diagnosis, or actual medical care. You should contact your local healthcare provider if you have health related questions or require a diagnosis or treatment. You should NOT rely on the information and materials on the Website when deciding on a treatment plan, therapy, or any other medical decision. Please refer to your doctor as the best resource for medical advice and information.
Nothing on this Website is intended to be an offer to sell securities (stocks or other investments).

Use of Content

The Website and its Content, including but not limited to images, photographs, videos, logos, graphics, icons, software, and other content, is owned and operated by Outlook Therapeutics and its licensors. All Content is protected under copyright, trademark, other intellectual property rights, and other laws. Subject to these Terms of Use, Outlook grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Website for your own personal, non-commercial usage, provided you keep intact all copyright and other proprietary notices. You assume all responsibility for such use. Use of the Content for any other purpose is a violation of Outlook’s copyright and other proprietary and property rights and is a breach of these Terms of Use.
You warrant and represent that your use of the Website is for lawful purposes only and that your access or use of the Website complies with applicable laws and regulations. Outlook prohibits the use of the Website for, and you warrant and represent that you will not: (i) use any device, software, or other interface to interfere or attempt to interfere with the functionality, security, and Content of the Website; (ii) license, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; (iii) impose an unreasonably large load on the Website’s infrastructure; (iv) modify, make derivative works of, disassemble, decipher, decompile, reverse engineer, or reverse compile any part of the Website, the Content, or any of the software that makes up any part of the Website, or attempt to do the same; (v) post, upload, or distribute any Content or other information that Outlook, in its sole discretion, has determined is defamatory, libelous, unlawful, harassing, indecent, objectionable, threatening, or otherwise inappropriate; (vi) use the Website to build a similar or competitive website, product, or service; (vii) commit fraud, including but not limited to impersonating any person or entity or falsifying your age; and (viii) except as stated herein, no part of the Website may be copied, reproduced, redistributed, republished, or modified in any way without Outlook’s prior written authorization.
All intellectual property rights (copyright, trademarks, patents, and trade secrets) on the Website and its Content belong to Outlook and its partners. These Terms of Use do not provide any ownership rights to any intellectual property. Outlook, its licensors, and third-party partners reserve all rights not granted in these Terms of Use and does not grant you or any other party any implied licenses.
The Website and the Content may be subject to U.S. export control laws and may be subject to export or import laws and/or regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Outlook, or any products utilizing such data, in violation of the United States export laws or regulations.

All trademarks reproduced on this Website that are not the property of or licensed to us are acknowledged on the Website.
Misuse of this Website may lead to legal claims against you.

We comply with the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512, as amended). If believe that your intellectual property rights have been violated or have a complaint about Content posted on the Website, contact us at:

Outlook Therapeutics, Inc.
ATTN: Legal
111 S. Wood Avenue, Unit #100
Iselin, New Jersey 08830
Email: Legal@OutlookThearapeutics.com

Your notice must meet the requirements of 17 U.S.C. §512. Outlook reserves the right to reject any notice that does not meet all these requirements.

Submissions

The Website is not intended to and is not set up for users to post or share Content. We welcome your comments through our “Contact” page or by emailing us at info@OutlookTherapeutics.com. We cannot accept or consider confidential any ideas, suggestions, inventions, notes, drawings, concepts, materials, or other information (collectively “Information”) unless specifically requested in writing by Outlook. If you send us any Information, it will be treated as and will remain the sole and exclusive property of Outlook. By sharing Information with Outlook, you hereby grant Outlook 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 and you agree that none of the Information is subject to any obligation of confidence on the part of Outlook and Outlook is not and will not be liable for any use or disclosure of any Information. Without limiting the foregoing, Outlook 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

This Website contains statements that may or are considered “forward-looking statements”. All statements other than statements of historical facts are “forward-looking statements,” including those relating to future events. In some cases, you can identify forward-looking statements by terminology such as “anticipate,” “believe,” “can,” “could,” “continue,” “expect,” “may,” “on track,” “plan,” “potential,” “target,” “will,” or “would”, the negative of terms like these, or other comparable terminology, and other words or terms of similar meaning. These include, among others, express or implied discussions on the successful completion of Outlook’s preclinical, clinical, or research development initiatives or programs; decisions by regulatory authorities regarding marketing approval, market access, or material restrictions, limitations, or obligations on marketing of Outlook’s approved products; requirements for establishing and maintaining satisfactory manufacturing capabilities and infrastructure; Outlook Therapeutics plans for commercial launch of Outlook’s approved products, including LYTENAVA™, and the timing thereof; expectations regarding the potential impact of Outlook’s approved products in the retina community; Outlook Therapeutics’ development or future revenue plans generally, and other statements that are not historical fact. Although Outlook Therapeutics believes that it has a reasonable basis for the forward-looking statements contained herein, they are based on current expectations about future events affecting Outlook Therapeutics and are subject to risks, uncertainties, and factors relating to its operations and business environment, all of which are difficult to predict and many of which are beyond its control. These risk factors include those risks associated with developing and commercializing pharmaceutical product candidates, risks in obtaining necessary regulatory approvals, the content and timing of decisions by regulatory bodies, as well as those risks detailed in Outlook Therapeutics’ filings with the Securities and Exchange Commission (the “SEC”), including the Annual Report on Form 10-K for the fiscal year ended September 30, 2025, filed with the SEC on December 19, 2025, as supplemented by the Quarterly Report on Form 10-Q for the fiscal quarter ended March 31, 2026 and future reports Outlook Therapeutics files with the SEC, which include uncertainty of market conditions and future impacts related to macroeconomic factors, including as a result of the ongoing overseas conflicts, tariffs, and trade tensions, fluctuations in interest rates and inflation, and potential future bank failures on the global business environment. These risks may cause actual results to differ materially from those expressed or implied by forward-looking statements in this press release. All forward-looking statements included in this press release are expressly qualified in their entirety by the foregoing cautionary statements. You are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date hereof. Outlook Therapeutics does not undertake any obligation to update, amend, or clarify these forward-looking statements, whether because of new information, future events, or otherwise, except as may be required under applicable securities law.

Links/Third-Party Content

This Website may include links to other websites that we do not control and are solely provided for your convenience. Outlook does not endorse any third-party websites and we have no liability or responsibility for your use of the links or for the content of these third-party website(s), nor do we represent or warrant 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 Outlook Therapeutics’ prior written consent.

Indemnification

You agree to indemnify and hold harmless Outlook (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. Outlook 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 Outlook, 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 Outlook.

Disclaimer

Outlook disclaims all and makes no warranties or representations as to accuracy of any Content or information on the Website. Outlook disclaims all and assumes no liability or responsibility for any errors or omissions in the Content or information on the Website. Outlook 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, OUTLOOK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUTLOOK 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. OUTLOOK 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 OUTLOOK 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, Outlook 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 of Use, 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 of Use. Unless otherwise agreed to, all Arbitration proceedings will be held in English. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, OUTLOOK 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 Outlook and you in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, OUTLOOK AND YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

OUTLOOK 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 Outlook 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, Outlook and you may attempt to resolve the claim or dispute informally. Notwithstanding the above, nothing in these Terms of Use 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 Outlook and you cannot resolve the claim or dispute within thirty (30) days after the Notice is received or a period mutually agreed upon by the parties, either party may begin arbitration proceedings. If Outlook 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 Outlook 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 50 miles Outlook’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, Outlook 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 Outlook can be sent to:

Outlook Therapeutics, Inc.
ATTN: Legal
111 S. Wood Avenue, Unit #100
Iselin, New Jersey 08830
Email: Legal@OutlookTherapeutics.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 Outlook 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 Outlook 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 Outlook.

Jurisdiction

The Website and its Content are intended for users in the United States and intended to comply with the laws and regulations in the United States, without regard to the conflict of law provisions thereof. Outlook makes no representation that Content is appropriate or available for use in other locations. These Terms of Use are governed by the laws of the State of New York, and your use of this Website serves as consent that you agree to that all judicial actions will be convened in the courts of New York City, New York. Those who choose to access the Website from outside of the United States 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. Outlook 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 of Use are effective until terminated by Outlook 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 of Use or otherwise. These Terms of Use will terminate immediately without notice from Outlook if we, in our sole discretion, suspect or determine that you failed to comply with any part or portion of the Terms of Use. 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 of Use 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 of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms of Use will remain in full force and effect. If any provision of these Terms of Use 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.

The use or misuse of these trademarks, copyrights, or other materials is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes, and/or regulations.

Privacy Notice

Last Updated: July 20, 2026

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