TERMS OF USE
(Updated and Effective: April 15, 2026)
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
1.1 Biofrontera Inc. (herein referred to as “Biofrontera,” “we,” “us” or “our”) provides and makes available this website (the “Website”). All use of the Website is subject to the terms and conditions contained in these Terms of Use (“Terms of Use”). Please read these Terms of Use carefully. By accessing, browsing or otherwise using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not accept the terms and conditions of these Terms of Use, you will not access, browse or use the Website.
1.2 You understand and agree that we may change these Terms of Use at any time without prior notice. You may read a current, effective copy of these Terms of Use at any time by selecting the “Terms of Use” link on the Website. The revised terms and conditions will become effective at the time of posting, which date will be set forth at the beginning of these Terms of Use. Any use of the Website after such date will constitute your acceptance of such revised terms and conditions. If any change to these Terms of Use is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Website.
1.3 Your access to and use of the Website is also subject to our Privacy Policy located at https://www.biofrontera-us.com/data-privacy-policy , the terms and conditions of which are hereby incorporated herein by reference.
2. SEC FILINGS AND FORWARD LOOKING STATEMENTS
The Website and Content may contain forward-looking statements regarding our (or our affiliates) future operating or financial performance, business plans and prospects, and our expectations regarding clinical trials, development timelines, and discussions with regulatory authorities related to drugs and drug candidates under development or being commercialized by us, our affiliates, and our and their collaboration partners. Such statements are based on our current expectations and are subject to certain factors, risks and uncertainties that may cause actual results to differ materially from those referred to or implied in such statements, including without limitation those identified in our (or our affiliates) filings with the U.S. Securities and Exchange Commission (“SEC”) or other regulatory agencies, which are available through Internet links contained on the Website at: https://investors.biofrontera-us.com/. The information presented on the Website is believed to be current as of the date of its original publication. We do not intend to update any forward-looking statements after such date to conform these statements to actual results or to changes in our expectations, except as required by applicable law. Please note that while our filings with the SEC and other regulatory agencies are available through Internet links contained on the Website, no information or Content contained on or through the Website is incorporated by reference into or considered to be part of such filings, unless otherwise noted therein.
3. USE OF THE WEBSITE
3.1 Content. This Website contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under these Terms of Use. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms of Use, your right to access and/or use the Content and Website will automatically terminate and you will immediately destroy any copies you have made of the Content.
3.2 Trademarks. The trademarks, service marks, and logos of Biofrontera and its affiliates (the “Biofrontera Trademarks”) used and displayed on this Website are registered and unregistered trademarks or service marks of Biofrontera and/or its affiliates. Other company, product, and service names located on the Website may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the Biofrontera Trademarks, the “Trademarks”). Nothing on this Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without our prior written consent specific for each such use. The Trademarks may not be used to disparage Biofrontera, its affiliates, or the applicable third party, the products or services of Biofrontera, its affiliates, or the applicable third party, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any Biofrontera Trademark will inure to our benefit.
3.3 Restrictions. You agree not to: (a) take any action that imposes an unreasonable load on the Website’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Website; (d) delete or alter any material posted on the Website, whether by us or any other person or entity; or (e) frame any of the materials or information available on the Website, or deep-link to any portion of the Website, without our prior written consent. Certain elements of the Website 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, except as otherwise expressly permitted by Section 3.1 of these Terms of Use. None of the Content for this Website may be retransmitted without the express written consent from Biofrontera for each and every instance.
3.4 External Sites. The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses, malware, and other destructive programs. Biofrontera does not control the privacy practices of External Sites. If you decide to access any External Sites, you do so at your own risk.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
4.1 Disclaimer of Warranties. BIOFRONTERA, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR COLLABORATION PARTNERS (COLLECTIVELY, THE “BIOFRONTERA PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. THE BIOFRONTERA PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK.THE BIOFRONTERA PARTIES DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE OR THAT THE WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO BIOFRONTERA PARTY WILL BE RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE BIOFRONTERA PARTIES DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
4.2 Limitation of Liability. IN NO EVENT WILL ANY BIOFRONTERA PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH BIOFRONTERA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.3 State Limitations. SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF THE BIOFRONTERA PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
4.4 For Residents of New Jersey. IF YOU ARE FROM NEW JERSEY, THE FOREGOING SECTIONS 4.1 AND 4.2 ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
4.5 Medical Advice Disclaimer. THE WEBSITE IS INTENDED TO PROVIDE INFORMATION ABOUT BIOFRONTERA AND ITS AFFILIATES’ RESEARCH, DEVELOPMENT, AND COMMERCIALIZATION ACTIVITIES AND INFORMATION REQUIRED BY APPLICABLE LAWS AND REGULATIONS. THE WEBSITE IS IN NO WAY INTENDED TO REPLACE PROFESSIONAL MEDICAL CARE OR ATTENTION BY A QUALIFIED PRACTITIONER. CONTENT CANNOT AND SHOULD NOT BE USED AS A BASIS FOR DIAGNOSIS OR CHOICE OF TREATMENT. NO INFORMATION ON THE WEBSITE IS PROVIDED WITH THE INTENTION TO GIVE MEDICAL ADVICE OR INSTRUCTIONS ON THE ACCURATE USE OF OUR, OUR AFFILIATES’ OR OUR OR THEIR COLLABORATION PARTNERS’ DRUGS OR DRUG CANDIDATES FOR THE TREATMENT OF ANY MEDICAL CONDITION. BIOFRONTERA CANNOT ANSWER UNSOLICITED EMAILS REQUESTING PERSONAL MEDICAL ADVICE. USERS SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL.
5. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Biofrontera Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use, any content or materials you submit through the Website, or your access to, use or misuse of the Content or Website. We will provide notice to you of any such claim, suit, or proceeding. Biofrontera reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
6. TERMINATION OF TERMS OF USE
6.1 We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Website or the Content at any time and for any reason without prior notice or liability. We also reserve the right to change, suspend, or discontinue all or any part of the Website or Content at any time without prior notice or liability.
6.2 Sections 2 (SEC Filings and Forward-Looking Statements), 3 (Use of the Website), 4 (Disclaimer of Warranties and Limitation of Liability), 5 (Indemnification), 6 (Termination of Terms of Use), and 9 (Miscellaneous) will survive the termination of these Terms of Use.
7. USER MUST COMPLY WITH APPLICABLE LAWS
7.1 This Website is hosted in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the 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.
7.2 The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
8. U.S. GOVERNMENT RESTRICTED RIGHTS
The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Website or Content by the Government constitutes acknowledgement of our proprietary rights in the Website and Content.
9. MISCELLANEOUS
These Terms of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Boston in the Commonwealth of Massachusetts. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect. Failure of Biofrontera to act on or enforce any provision of these Terms of Use will not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver will be effective against Biofrontera unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Biofrontera and you, these Terms of Use constitutes the entire agreement between you and Biofrontera 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 will not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Website might be publicly accessible.
10. ACCESSIBILITY
Biofrontera is committed to ensuring that this Website is accessible to individuals with disabilities. We are working towards conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards and endeavor to provide an experience that is usable by all visitors. If you encounter any accessibility barriers or have difficulty accessing any portion of this Website, please contact us at compliance@bfinc.com or (781) 245-1325 so that we can work to provide the information or service you need in an accessible format. We welcome feedback on the accessibility of this Website.
11. REGULATORY NOTICE
11.1 This Website and the Content are intended for audiences in the United States. Product availability, approved indications, dosage forms, and prescribing information may differ outside the United States, and nothing on this Website should be construed as a promotion, advertisement, or solicitation for any product in any jurisdiction where such product is not authorized or approved for use.
11.2 Information on this Website concerning Biofrontera's products is intended to provide general product and corporate information and is not intended as a substitute for the applicable FDA-approved prescribing information, which should be consulted for complete product information, including indications, contraindications, warnings, precautions, and adverse events. The full prescribing information for Biofrontera's approved products is available at AMELUZ® PI.pdf or from your Biofrontera representative.
11.3 Nothing on this Website constitutes a recommendation, promotion, or solicitation for the use of any Biofrontera product in a manner inconsistent with its FDA-approved labeling.