Legal

Terms of Use

Effective and last updated: September 11, 2026

1. Acceptance of these terms

These Terms of Use (“Terms”) govern your access to and use of this website (the “Site”), operated by FailSafe Solution Inc. (“FailSafe,” “we,” “us,” or “our”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

2. What this Site is

The Site is an informational and marketing resource describing FailSafe's controlled-access prescription cap, its development and regulatory status, and opportunities for pharmacy, manufacturer, CRO, university and grant-funded research, and investor partners to get in touch. The Site does not sell products, does not process orders or payments, and does not create a patient, clinical, or contractual relationship with FailSafe on its own.

3. Regulatory and medical disclaimer

• The connected FailSafe cap is on an anticipated FDA 510(k) pathway and has not been cleared or approved by the FDA. It is not currently marketed or available for routine clinical or consumer use.
• Statements about future capability, regulatory pathway, pilot programs, or partnerships describe a development-stage plan, not a completed or guaranteed outcome, and are subject to change based on engineering, regulatory, and clinical findings.
• Nothing on the Site constitutes medical advice, a treatment recommendation, or a substitute for the judgment of a licensed clinician or pharmacist. FailSafe's device is designed to enforce access-control behavior; it does not make clinical determinations regarding patient safety, medication efficacy, or confirmed ingestion of a dose.
• Any data-handling, HIPAA, or research-compliance description on the Site (for example, in connection with a clinical or university pilot) describes FailSafe's intended design and contractual approach for that specific engagement, governed by the applicable agreement with that partner — not a standing public service offered through this Site.

4. Intellectual property

The Site and its contents — including text, graphics, product renderings, the FailSafe name and logo, and the underlying device design and technology described on the Site — are owned by FailSafe or its licensors and are protected by patent, trademark, copyright, trade secret, and other intellectual property laws. FailSafe has one or more patent applications pending covering the technology described on this Site. No license to any FailSafe intellectual property is granted by your use of the Site, except the limited right to view the Site for its intended informational purpose.

5. Permitted use

You may view and share the Site for the purpose of evaluating a potential relationship with FailSafe (for example, as a pharmacy, manufacturer, CRO, research institution, grant writer, or investor). You agree not to:

• Copy, reproduce, or redistribute Site content for commercial purposes without our prior written consent;
• Reverse engineer, decompile, or attempt to derive proprietary mechanisms or trade secrets from descriptions or renderings on the Site;
• Use any FailSafe trademark, logo, or product name in a way that implies endorsement, affiliation, or FDA clearance that does not exist;
• Scrape, data-mine, or use automated means to access the Site other than standard search-engine indexing;
• Use the Site in any way that violates applicable law or infringes the rights of others.

6. Confidential materials

Any prototype units, whitepapers, technical documentation, or other materials FailSafe shares with you under a non-disclosure agreement remain governed by the terms of that agreement, in addition to these Terms.

7. Third-party links and content

The Site may link to third-party resources, including a hosted whitepaper PDF and external funding, regulatory, or research references (for example, grants.gov or FDA guidance documents). FailSafe does not control and is not responsible for the content, accuracy, or availability of third-party sites.

8. No warranty

The Site and its content are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of accuracy, completeness, merchantability, fitness for a particular purpose, or non-infringement. Product specifications, pricing, regulatory timelines, and partnership status described on the Site are subject to change without notice.

9. Limitation of liability

To the maximum extent permitted by law, FailSafe and its officers, employees, and advisors will not be liable for any indirect, incidental, consequential, special, or punitive damages, or any loss of profits or data, arising from your access to or use of (or inability to access or use) the Site, even if advised of the possibility of such damages.

10. Indemnification

You agree to indemnify and hold FailSafe harmless from any claim or demand, including reasonable attorneys' fees, arising out of your misuse of the Site or violation of these Terms.

11. Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising from these Terms or the Site will be subject to the exclusive jurisdiction of the state or federal courts located in Delaware.

12. Changes to these Terms

We may revise these Terms from time to time. The “last updated” date above reflects the most recent revision. Continued use of the Site after changes take effect constitutes acceptance of the revised Terms.

13. Severability and entire agreement

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. These Terms, together with our Privacy Policy and any separate written agreement between you and FailSafe, constitute the entire agreement between you and FailSafe regarding the Site.

14. Contact us