Legal Notice

ImmunityBio – Terms of Use

Last modified: May 5, 2026

These Terms of Use govern your usage of any content at www.ImmunityBio.com and any other websites, applications, or platforms where these Terms of Use are posted (the “Website”) that are maintained by ImmunityBio, Inc. and its affiliates or subsidiaries from time to time (the “Company”). Please read these terms before using the Website. By using this Website, you agree to abide by the Company’s then-current Terms of Use and Privacy Policy and all applicable laws, statutes and/or regulations. If you do not agree to the Privacy Policy, Terms of Use, or any of the requirements therein , do not access or otherwise use the Website.

THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE: PLEASE READ IT CAREFULLY. YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED AT THE END OF THESE TERMS OF USE. UNLESS YOU OPT OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN THE ARBITRATION SECTION AT THE END OF THESE TERMS OF USE.

Changes to the Terms of Use
The Company reserves the right in its sole discretion to amend, modify, supplement or replace the Terms of Use at any time and for any reason. Please check the Terms of Use periodically for changes. Your continued usage of the Website after any change will be deemed an acceptance of such changed terms. Notwithstanding the foregoing, no revisions to these terms will be effective with respect to any dispute that arose between you and the Company prior to the date of such revision.

Medical Advice or Services
The content of the Website is for informational purposes only and does not constitute AND SHOULD NOT BE INTERPRETED AS professional medical advice, diagnosis, treatment, or recommendations of any kind. Further, the Website is not intended for use in the diagnosis of disease or other conditions or in the cure, mitigation, treatment, or prevention of disease. You should always seek the advice of a qualified health care professional with any questions or concerns you may have regarding your individual needs and any medical conditions.

do not use the website during any medical emergency. do not ignore or delay obtaining professional medical advice because of information accessed through the website. call 911 or contact your health care professional for all medical emergencies. the company is NOT RESPONSIBLE OR LIABLE FOR ANY INJURY, FAILURE OF THE SERVICE, INFORMATION, AND/OR PRODUCTS YOU OBTAIN THROUGH THE SITE TO DIAGNOSE, TREAT, OR ADDRESS A MEDICAL CONDITION OR EXASCERBATION OF A MEDICAL CONDITION.

Visiting the Website or providing information to the Company, including through any forms provided by the Company, does not create a physician-patient relationship, or any other relationship, between you and Company. Reliance on any information appearing on the Website without further consultation with a health care professional is solely at your own risk.

Materials
Everything you see on this Website (the “Content”), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights for the Content are owned by Company or by third parties who have licensed their materials to the Company. The Website and entire Content of the Website are copyrighted as a collective work under United States law and applicable international copyright laws and treaties and all right, title and interest in and to the Website and Content will remain with the Company or its applicable third-party licensors. The Company owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You may download, store, print, and copy selected portions of the Content of this Website, provided you:

Only use the Content you download for your personal, noncommercial use or to further your business dealings with Company.
Do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of Company.
Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of Company.
Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality.

No right, title or interest in the downloaded Content is transferred to you when you download Content from this Website. Company reserves all intellectual property rights in any Content you download from this Website. Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content without first obtaining written permission from Company.

All product names, regardless of whether or not they appear in large print or with a trademark symbol, are trademarks of the Company, its licensors, or other third parties. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, publication rights and communications regulations and statutes. Please be aware that the Company actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

None of the names, trademarks, service marks and logos of the Company appearing on the Website may be used in any advertising or publicity, or otherwise to indicate the Company’s sponsorship of or affiliation with any product or service without express written permission of the Company. Nothing contained within the Website should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right of use to any trademark displayed on or through the Website without the written permission of the Company and the third-party owner of the trademark, if any. The Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed by you.

While the Company intends to periodically update this Website, it undertakes no obligation to do so and makes no representations or warranties as to its accuracy or completeness. We do not have a duty to update Content or information contained in our Website, and we will not be liable for any failure to update such information. Access to and use of the Content is solely at your own risk, and neither the Company nor any party involved in creating Content for the Website and/or maintaining or delivering this Website shall be liable for any damage of any kind arising out of the access, use or the inability to access or use this Website, or for any omissions or errors contained in the Website.

Feedback
The Company welcomes your comments and feedback regarding this Website. All information and materials, including comments, ideas, questions, bug reports, and designs submitted to the Company through this Website will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, computer code, or original artwork. By submitting information or materials to the Company through this Website, you assign to the Company, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any information or materials you submit. The Company will be entitled to use any information or materials you submit through this website for any purpose whatsoever subject to the Privacy Policy, without restriction and without compensating you in any way. The Company may sublicense its rights in the information or materials you submit through multiple tiers of sublicenses, and is, and will be, under no obligation to (1) maintain any such information or materials in confidence; (2) pay any compensation for any such information or materials; (3) respond to any such information or materials; or (4) provide any attribution for any such information or materials.

Prohibited Uses
You agree to use the Website only as provided in these Terms of Use.

You will not promote, encourage, or engage in defamatory, abusive, discriminatory, libelous, obscene, sexually explicit, threatening, harassing, hateful or otherwise objectionable behavior (as determined by the Company in its sole discretion).
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, crawl, scrape, retrieve, index, “data mine”, or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Website or Content.
You will not interfere, access, tamper with or disrupt the Website or Content, or the connected servers or networks.
You will not interfere with or disrupt another user’s access or use of the Website or Content, including attempting to compromise the security of another user’s account.
You will not attempt to probe, scan or test the vulnerability of the Website or Content or any of our systems or network or breach any security or authentication measures.
You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent.
You will not use the Website or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Use.
You will not access or retrieve the Website or Content for purposes of constructing or populating a searchable database of products or clinical trials or other content related to the healthcare or life sciences industry.
You will not access, collect, or use any data from the Website or Content for purposes of creating, training, or improving a machine learning or artificial intelligence system.
You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy, confidentiality, or publicity.
You will not use, display, “frame” or “mirror” any part of the Website, Content, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us.
You will not collect or store any personal information, including personally identifiable information, from users without their express permission.
You will not provide any inaccurate, incomplete, false or misleading information, including regarding you or your identity when using the Website.
You will not use the Website or Content in any way to advertise, solicit, or promote any business or commercial interest, or to send or distribute “spam” or unsolicited communications.
You will not record in any way the Website or Content without our express written consent.
You will not allow any other person to use your account or your username or password to access the Website or Content.
You will not use the Website or Content in a manner that violates any applicable law or regulation.
You will not assist or permit any person to engage in any of the activities described in this section.

Third Party Content
The Company may provide links to other sites, including social media sites such as Facebook or X (formerly Twitter) (collectively “Third Party Sites”), including the content therein, or may embed certain content delivered by third parties, such as stock quotes delivered by Thompson-Reuters (such third party content, whether located at Third Party Sites or embedded within this Website, is collectively referred to herein as “Third Party Content”). The Company has no control over any Third Party Sites or Third Party Content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Third Party Sites or Third Party Content. The Company provides links to or embeds Third Party Sites or Third Party Content only as a convenience, and the inclusion of any link to a Third Party Site or any Third Party Content on the Website does not imply our affiliation, endorsement, or adoption of the linked or embedded Third Party Site or Third Party Content. ACCESS AND USE OF THIRD PARTY SITES AND THIRD PARTY CONTENT IS SOLELY AT YOUR OWN RISK. In particular, we do not accept any liability arising out of any allegation that any Third Party Content infringes the intellectual property rights of any person or any liability arising out of any information or opinion contained on such Third Party Sites or Third Party Content. Our terms and policies do not govern your use of any site other than the Website. You should review applicable terms and policies, including the privacy and data gathering practices, of any Third Party Sites.

CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS
You agree that we may send the following to you by email or by posting them on the Website: legal disclosures; Terms of Use; Privacy Policy; future changes to any of the foregoing; and other notices, policies, communications or disclosures and information related to the Website or Company. Emails are not always secure because they travel over networks that we do not own or control. You consent to receive such communications electronically. To the extent you have provided us with your contact information, you agree to promptly update your contact information to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and the Company.

You may opt out of certain types of electronic communications by following the unsubscribe instructions in any communication you receive from or on behalf of us. Your withdrawal of consent will be effective within a reasonable time after we receive notice of your withdrawal.

We will need to send you certain communications electronically regarding the Website and the Company. You will not be able to opt out of these transactional or information communications. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms of Use provided to and accepted by you.

GENERAL DISCLAIMER
Not all product candidates and/or services referenced in the Website are proprietary to the Company and may be owned or controlled by third parties, including the Company’s affiliates.

FORWARD LOOKING STATEMENT DISCLAIMER
This Website may contain forward-looking statements within the meaning of the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, that are based on management’s beliefs and assumptions and on information currently available to our management. Forward-looking statements include, but are not limited to:

our expectations regarding the potential benefits of our strategy and technology;
our beliefs regarding the benefits and perceived limitations of competing approaches, and the future of competing technologies and our industry;
our beliefs regarding the success, cost and timing of our product candidate development activities and clinical trials;
our beliefs regarding the potential manufacturing and distribution benefits associated with our product candidates, and our ability to scale up the production of our product candidates;
our ability to obtain and maintain intellectual property protection for our product candidate and not infringe upon the intellectual property of others;
the ability and willingness of strategic collaborators, including certain of our affiliates, to share our vision and effectively work with us to achieve our goals;
regulatory developments in the United States and foreign countries.

Except as required by law, we assume no obligation to update these forward-looking statements, or to update the reasons actual results could differ materially from those anticipated in these forward-looking statements, even if new information becomes available in the future. No representation or warranty, express or implied, is given as to the completeness or accuracy of the information or opinions contained on the Website and we do not accept any liability for any direct, indirect or consequential loss or damage arising from reliance on such information or opinions. Past performance should not be taken as an indication or guarantee of future performance. You should review this Website completely and with the understanding that our actual future results may be materially different from what we expect.

In addition, prospective investors should not rely on the information on the Website, but only such information delivered to the prospective investor to the extent set forth therein (i.e. investor prospectus or private placement memorandum).

THE INFORMATION ON THIS WEBSITE IS NOT AN OFFER TO SELL OR SOLICITATION OF AN OFFER TO BUY ANY INTEREST IN THE COMPANY.

Indemnification
By accessing and/or using the Website, you agree to indemnify, defend and hold the Company, our subsidiaries, affiliates and parents, and their respective officers, directors, employees, members, agents, representatives, consultants, legal and business advisors, business partners, information providers, licensors and licensees and their respective successors, heirs and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees and expenses, incurred by the Indemnified Parties in connection with (directly or indirectly) or any claim arising out of, or breach by you of, the Terms of Use or from your unauthorized use of the Website. You agree to cooperate as fully as required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.

Disclaimer of Warranties and Liability
THE WEBSITE, CONTENT ON THE WEBSITE, AND OTHER ITEMS OR SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE WEBSITE WILL BE AVAILABLE, WILL BE UNINTERRUPTED, OR THAT THE WEBSITE, INFORMATION CONTAINED ON THE WEBSITE, OR OTHER ITEMS OR SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE WILL BE TIMELY, COMPLETE, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

EACH PERSON ASSUMES FULL RESPONSIBILITY AND ALL RISKS ARISING FROM ACCESS AND USE OF THE WEBSITE. IN NO EVENT SHALL ANY OF IMMUNITYBIO, INC., OUR SUBSIDIARIES, AFFILIATES AND PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, REPRESENTATIVES, CONSULTANTS, LEGAL AND BUSINESS ADVISORS, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE SUCCESSORS, HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE, ACCESS OR USE OF THE WEBSITE OR THE INABILITY TO USE OR LOSS OF DATA CONTAINED WITHIN THE WEBSITE, ANY FAILURE OF PERFORMANCE, ERROR, OMISSSION, INTERRUPTION, EFFECT, DELAY OR DEFECT IN OPERATION OR TRANSMISSION, COMPUTER VIRUS WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER THE COMPANY OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE COMPANY’S LIABILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES OR PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE.

The Company assumes no responsibility or liability arising from the content of the Website nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Website or accessed through the Website.

Miscellaneous
These terms constitute the entire agreement between you and the Company and govern your use of the Website and any information or services offered on the Website. This agreement supersedes any prior terms of use or other agreements between you and the Company concerning use of this Website.

Access to the information on this Website may be terminated at any time and for any reason without prior notice. To the extent so requested by the Company, you agree to immediately return all copies and forms of the information provided to you and not to further distribute or discuss the contents of any such information without the prior written consent or authorization of the Company.

These terms are governed by and shall be construed in accordance with the laws of the State of Delaware without regard to its conflict of law provisions. By accessing or using this Website, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the State of Delaware for resolution of any disputes arising out of or relating to these terms or your use of the Website. You agree that, except as expressly provided herein (and other than the Company and its affiliates), there shall be no third party beneficiaries of these terms.

The failure by us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought.

If any portion of these terms is held to be unenforceable, the unenforceable portion will be construed in accordance with the relevant law to as nearly as possible reflect the original intentions of the parties and the remainder of these terms will be enforced as written.

Arbitration
You agree that any dispute, claim or controversy arising out of or relating to these Terms of Use (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right:(i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in clause (ii) is an “IP Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-Out Notice”) by email at info@ImmunityBio.com within 30 days following the date you first accept these Terms of Use, or if you have not registered for an account, then within 30 days following the date you first use our Website.

If you do not provide us with an Arbitration Opt-Out Notice within the 30-day period of accessing the Website, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute, except as expressly set forth in (i) and (ii) above.

The exclusive jurisdiction and venue of any IP Action or, if you timely provide us with an Arbitration Opt-Out Notice, will be the state and federal courts located in the San Diego, California, and each of the parties to these Terms of Use waive any objection to jurisdiction and venue in those courts.

If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Section on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in the State of Delaware. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of these Terms of Use.

Jury and Class Action Waiver
Unless you timely provide us with an Arbitration Opt-Out Notice, you acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree with us in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Procedures and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available at https://adr.org/rulesor by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process
A party who desires to begin arbitration must provide the other party with a written demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for Demand for Arbitration for California residents. One arbitrator will either be a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure
Unless you agree with us otherwise, the arbitration will be conducted in San Diego, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings on which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with competent jurisdiction. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Fees
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE CONTENT, THE WEBSITE, OR ANY OTHER ITEMS OR SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.