Please read the following terms carefully. These Terms of Use form a legally binding agreement between you as an HYPERCEPT™ User (defined below) and Astellas Pharma US, Inc. (“Astellas,” “we,” “us,” or “our”). These Terms of Use, together with all amendments, addenda, and licenses, constitute the entire agreement between you and us for your access to and use of HYPERCEPT™, superseding any prior or contemporaneous agreements or understandings. By accessing or using any portion of HYPERCEPT™, you signify that you have read these Terms of Use and that you understand and agree to be bound by them. 

If you have not read the Terms of Use, do not understand or agree to be bound by them, or are not able to consent to be bound by the Terms of Use, you are prohibited from using HYPERCEPT™.

1. Overview & Purpose of HYPERCEPT™ 

Welcome to HYPERCEPT™, offered by Astellas Pharma US, Inc. HYPERCEPT™ offers US-licensed optometrists and ophthalmologists the ability to interact with artificial intelligence analytical tools and educational resources related to geographic atrophy. 

HYPERCEPT™ IS NOT A DIAGNOSTIC TOOL AND IS NOT INTENDED FOR DIAGNOSIS OR TREATMENT OF ANY DISEASE OR MEDICAL CONDITION. HYPERCEPT™ DOES NOT REPLACE A HEALTH CARE PROVIDER’S JUDGMENT, AND CONTENT PROVIDED ON HYPERCEPT™ DOES NOT CONSTITUTE MEDICAL ADVICE OR THE PRACTICE OF MEDICINE. HYPERCEPT™ IS ONLY INTENDED FOR USE IN THE UNITED STATES. 

SECTIONS 12 AND 13 OF THESE TERMS OF USE CONTAIN VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY THAT MAY ARISE OUT OF OR RELATE TO THESE TERMS OF USE OR THE USE OF HYPERCEPT™ AND SECTIONS 17 AND 18 CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVERS, AS WELL AS OTHER IMPORTANT TERMS RELATING TO DISPUTES BETWEEN US.

2. Definitions 

The term “HYPERCEPT™ User” refers to you as an HYPERCEPT™ user.

3. Scope of Terms of Use 

We offer HYPERCEPT™ for your personal use. By accessing or using HYPERCEPT™ in any way, you are entering into an agreement with us to be bound by the then-current version of these Terms of Use. You are also bound by all applicable laws. You agree that we have the right to revise the Terms of Use at any time. You will have the opportunity to terminate your use of HYPERCEPT™ at the time we give you notice of the revision.

4. Representations and Warranties

As an HYPERCEPT™ User, you acknowledge, represent, and warrant that: 

a. You are acting on behalf of yourself personally and that you understand that your use of HYPERCEPT™ is solely for your educational use. HYPERCEPT™ does not diagnose or treat any disease or medical condition and does not provide medical advice;
b. You have appropriate consent and permission to upload or otherwise provide information or content (including OCT scans or other imaging) to HYPERCEPT™ and that you accept all responsibility and liability for any inappropriate or illegal use of information, content, or other data you upload or otherwise provide to HYPERCEPT™; and
c. You understand that the content