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Last Updated: April 22, 2025

These Terms of Use (“Terms of Use”) apply to your access and use of the FaceReveal platform made available to you at https://platform.face-reveal.com/ (“Platform”) and the Face/Reveal application, which is accessible through iPad and other devices (“App”) (collectively, the “Services”) provided by aemos GmbH (“aemos”, the “Company,” “FaceReveal,”) and Revance Therapeutics, Inc. (“Revance”) (collectively, “us”, “our” or “we”).

By accessing and using our Services, you accept and agree to be bound by the terms and provision of these Terms of Use and the accompanying Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). In addition, when using our Services, you shall be subject to any posted guidelines or rules applicable to such Services. Any participation in our Services will constitute acceptance of this Agreement. If you do not agree to abide by the above, you may not use our Services.

We may change the terms and conditions of these Terms of Use from time to time with or without notice to you. By continuing to access and/or use the Services after we have posted a modification on the Services, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Services.

If you have any questions about this Agreement or our Services, please contact us at info@aemos.at.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

No Medical Advice

YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT PROVIDE ANY FORM OF MEDICAL CARE, MEDICAL OPINION, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND THAT WE DO NOT EVALUATE WHETHER OR NOT YOU SHOULD SEEK MEDICAL ATTENTION, THROUGH THE SERVICES OR OTHERWISE. THE SERVICES AND OUR CONTENT ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING AND USING THE SERVICES, YOU ARE NOT ENTERING INTO A DOCTOR-PATIENT OR PROVIDER-PATIENT RELATIONSHIP WITH US. IF YOU EXPERIENCE ANY TYPE OF MEDICALLY ADVERSE EVENT OR A MEDICAL EMERGENCY AT ANY TIME, PLEASE CALL EMERGENCY SERVICES OR YOUR PHYSICIAN IMMEDIATELY. RELIANCE ON THE SERVICES IS SOLELY AT YOUR OWN RISK.

Eligibility

You represent that you are of legal age in your jurisdiction to form a binding contract, but in any event at least 13 years old. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept this Agreement on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates this Agreement.

User Account and Security

In order to access the Services, you are required to register for an account by submitting the information requested in the applicable web form or interface (“Account”). You alone are responsible for providing up-to-date accurate information, maintaining the confidentiality and security of your Account and credentials, as well as for all activities that occur in such Account. You must maintain the security of your Account and promptly notify us if you discover or suspect that someone has accessed your Account without your permission. If you permit others to use your Account credentials, you are responsible for the activities of such users that occur in connection with your Account.

Privacy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

Services and User Content

  • Subject to the terms and conditions of this Agreement, you are granted a license and right to access and use the applicable Services (collectively, the “Subscription”) and in the case of the App, to also download and install a copy of the App on a single device that you own or control and to run such copy of the App solely in connection with your medical practice. Furthermore, with respect to any App accessed through or downloaded from the Apple, Inc. (“Apple”) application store (“Apple App”), you will use the Apple App only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the App Store Terms of Service. This Subscription is non- exclusive, non-transferable, and non-sublicensable, and the Subscription only lasts while this Agreement remains in effect. As used herein, a “Paid Subscription” means a Subscription to any fee-based portions of the Services.
  • The Services are not a backup service, and you agree that you will not rely on the Services for the purposes of User Content backup or storage. aemos and Revance will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.
  • You hereby irrevocably waive (and agree never to assert) against aemos, its Affiliates, aemos’ licensors, Revance, and/or any other user of the Services, any Moral Rights you may have in and to any of your User Content. “Moral Rights” means any rights of paternity or integrity, or any right to claim authorship of a work, to object to any scoring, or other derogatory action in relation to, any work, whether or not such would be prejudicial to the honor or reputation of the creator of the work, and any similar right, existing under judicial or statutory law of any jurisdiction, or under any treaty.
  • For the avoidance of doubt, the Services are only licensed to you, and no title in them passes to you. Any rights not expressly granted herein are hereby reserved by aemos, Revance and their licensors, and you are granted no other right or license in the Services, whether by implied license, estoppel, exhaustion, operation of law, or otherwise.

Payment Policy

Certain Services and Features are only offered under a Paid Subscription. The Services are delivered electronically and shall be deemed accepted by you upon delivery. You agree to pay whatever fees and other charges are presented to you when you subscribe to a Paid Subscription or paid Service Content (collectively, the “Fees”). If the payment plan is on a recurring-subscription basis, you agree to pay the Fees in accordance with the applicable billing cycle. If you downloaded the App from the Apple Store, refunds are permissible in accordance with their refund policy; otherwise, refunds are permissible in accordance with our Refund Policy (outlined below). Except as stated in those policies, all Fees are non-refundable and non-cancellable. Moreover, amounts payable are exclusive of all applicable sales, use, consumption, VAT and other taxes, except for taxes based upon aemos’ net income.

Refund Policy:

You can cancel your auto-renewal through device settings within the App, or by contacting customer support at info@aemos.at

To request a full or partial refund, you must reach out to customer support at info@aemos.at.

A refund will only be available within 14 days from payment. Refund requests made after 14 days, will be dealt with on a case-by-case basis at our sole discretion. If a full or partial refund is granted, please note that your auto-renewal will then also be cancelled, and your subscription will be immediately stopped, and you will lose access to the product.

Refunds will only be issued to the payment method used to purchase the subscription.

Payment Method:

Payments may be processed via the Apple AppStore.  You must provide accurate billing information and promptly update any changes to it (such as card numbers and expiry dates). If you are paying via credit or debit card, you represent that you are the authorized user of the card, and you authorize aemos (and any third-party payment processor) to collect payment from you, on a recurring basis (if applicable), and to take all other necessary billing actions. If payment is made via a third-party payment processor, you will also be subject to its terms and conditions (over which we have no control) – so carefully read those terms.

Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct.
  • Use or attempt to use another user’s account without authorization from that user and aemos.
  • Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner.
  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services.
  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access.
  • Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services.
  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement.

You may also only share User Content that is non-confidential, and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent.
  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law.
  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences.
  • Impersonates, or misrepresents your affiliation with, any person or entity.
  • Contains any unsolicited promotions, political campaigning, advertising or solicitations.
  • Contains any private or personal information of a third party without such third party’s consent.
  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
  • Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose aemos or Revance or others to any harm or liability of any type.

In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason without providing prior notice to you.

Copyright and Trademark

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, user generated filters and other content contained therein (collectively, the “aemos Content”) are owned by or licensed to aemos and are protected under both United States and foreign laws. Except as explicitly stated in this Agreement, aemos and our licensors reserve all rights in and to our Services and the aemos Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and aemos Content for your personal use or for use in the operation of your clinic or medical practice; however, such license is subject to this Agreement and does not include any right to: (a) sell, resell or otherwise commercially exploit our Services or aemos Content outside the context of your clinic or medical practice; (b) copy, reproduce, distribute, publicly perform or publicly display aemos Content, except as expressly permitted by us or our licensors; (c) modify the aemos Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or aemos Content, except as expressly set forth in this Agreement; (d) use any data mining, robots or similar data gathering or extraction methods; or (e) use our Services or aemos Content other than as expressly provided in this Agreement. Any use of our Services or aemos Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted under this Agreement. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the aemos Content.

We have a policy of limiting access to our Services and terminating the accounts of users who repeatedly infringe the intellectual property copyright rights of others upon prompt notification to us by the copyright owner or the copyright owner’s legal agent.

The trademarks, service marks, and logos of Revance (“Revance Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Revance.  Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Revance Trademarks, the “Trademarks”).  Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.  All goodwill generated from the use of Revance Trademarks inures to our benefit.

Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors.  None of the Revance Content may be retransmitted without our express, written consent for each and every instance.

Third-party interfaces and links

The Services may include links to other websites not owned or controlled by aemos. The Services may also include Features provided by third parties. aemos and Revance have no control over, assume no liability for any loss, damage or harm arising from: (a) the privacy policies or other practices of such third parties; or (b) the content or availability of any such websites or Features, and aemos and Revance do not endorse any materials available from such websites or Features.

Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about aemos or our products or Services (collectively, “Feedback”), is non-confidential and we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You hereby grant to aemos a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or aemos’ business.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless aemos and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “aemos Parties”) and Revance from and against any loss, liability, claim, demand, damages, expenses or costs, including reasonable attorney’s fees (“Losses”) incurred by aemos parties and any Revance Party in connection with a third-party claim, action or proceeding (each, a “Claim”) arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of this Agreement; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify aemos Parties and Revance of any third-party Claims, cooperate with aemos Parties and Revance in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the aemos Parties and/or Revance (as applicable) will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and aemos or the other aemos Parties or Revance.

Disclaimers

We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Services.

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES, AND REVANCE HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING COURSE OF PERFORMANCE, OR USAGE OF TRADE OR THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT OR APPROPRIATE FOR YOUR PURPOSES. IN ADDITION, AEMOS AND REVANCE DO NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE AEMOS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES. TO THE EXTENT THAT ANY PARTY MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW

Limitation of Liability

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF THE TOTAL FEES PAID BY YOU IN CONNECTION WITH THE SERVICES IN THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ARISES OR ONE HUNDRED DOLLARS ($100).

THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITHOUT NOTICE.

Release

To the fullest extent permitted by applicable law, you release aemos and the other aemos Parties and Revance from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under any common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Language, Electronic Contract:

The language of this Agreement is the English language only. You hereby irrevocably waive any law applicable to you requiring that the Agreement be localized to meet your language (as well as any other localization requirements) or requiring an original (non-electronic) signature or delivery or retention of non-electronic records.

Accessing and Downloading the App from Apple App Store

The following terms apply to any Apple App. These terms are in addition to all other terms contained in these Terms of Use:

  • You acknowledge and agree that (i) these Terms of Use are concluded between you, aemos and Revance only, and not Apple, and (ii) aemos, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Service.
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between aemos and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Revance.
  • You acknowledge that, as between aemos and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, as between aemos and Apple, aemos, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App against you as a third party beneficiary thereof.
  • Without limiting any other terms of these Terms of Use, you must comply with all applicable third-party terms of agreement when using the App.

Accessing and Downloading the App from Google Play Store

The following terms apply to the App when you download the App from the Google Play Store. These terms are in addition to all other terms contained in these Terms of Use:

  • You acknowledge that these Terms of Use are between you, aemos and Revance only, and not with Google, Inc. (“Google”).
  • Your use of the App must comply with Google’s then-current Google Play Terms of Service.
  • Google is only a provider of Google Play where you obtained the App.
  • aemos, and not Google, is solely responsible for the App.
  • Google has no obligation or liability to you with respect to App or these Terms of Use.
  • You acknowledge and agree that Google is a third-party beneficiary to these Terms of Use as it relates to App.

Transfer and Processing Data

By accessing or using our Services, you acknowledge and, as applicable, consent to the processing, transfer and storage of information about you in and to Austria and Germany.

Compliance with Applicable Laws

The Services are based in the United States. We make no claims concerning whether the Services, or the Revance Content may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access the Services, or the Revance Content from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Governing Law and Venue

This Agreement and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Austria, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to mandatory arbitration will be resolved in the competent courts of the first district of Vienna, Austria. Any dispute between you and Revance that is not subject to mandatory arbitration will be resolved in the competent courts of Delaware, USA.

Electronic Communications

By accessing or using the Services, you also consent to receive electronic communications from aemos (e.g., responses to your requests, questions and feedback, announcements, updates, and security alerts through a push notification, an email, or by posting notices on our Services). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

You may terminate this Agreement at any time, via the functionality offered or by cancelling your Account. In such cases, termination will take effect immediately, unless you have a current Paid Subscription in which case termination shall take effect at the end of the then-current Billing Cycle, and you will not be charged for the subsequent Billing Cycle.

Binding Arbitration

In the event of a dispute arising under or relating to this Agreement, the Services or any other products or services provided by us (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION.  ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.  All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA.  The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent Revance from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Revance’s proprietary interests.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Equitable Relief

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Delaware for purposes of any such action by us.

Miscellaneous

If the Agreement is terminated in accordance with the termination provision set forth above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect:  “Revance Content,” “User Content,” “Feedback,” “Disclaimers,” “Indemnification,” “Compliance with Applicable Laws,” “Termination,” “Binding Arbitration,” “Class Action Waiver,” “Governing Law and Venue,” and “Miscellaneous.”  If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.  No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  The section headings are provided merely for convenience and shall not be given any legal import.  This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. 

Copyright 2025. aemos GmbH and Revance Therapeutics, Inc. All rights reserved.