TERMS OF USE

Last Revised January 7, 2022

This website, www.omnipod.com is operated by Insulet Canada Corporation. ("Insulet", “we” or “us”) and/or its contractors. This Agreement (as defined below) is between the person agreeing to this Agreement, either through a representative agreeing to this Agreement on its behalf or directly as an individual (“you”), and Insulet. As such, by accessing and using this website, and other websites, mobile applications (the “Apps”), or other web- or cloud-based or -enabled channels or services owned or operated by Insulet and/or its affiliates (collectively, with the Apps, the “Services”), you agree to be bound by the following terms of use (this "Agreement") and all applicable laws. In order to enter into this Agreement, you must be the older of: (a) 18 years old; or, (b) the legal age of majority in your jurisdiction of residence.

YOU MUST CAREFULLY REVIEW, UNDERSTAND AND AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICES. Insulet reserves the right to modify this Agreement at any time. Your continued access and use of the Services confirm your acceptance of this Agreement as modified. It is your responsibility to review this Agreement regularly.

Use of the Services

You may use the Services for your personal non-commercial use only. Certain parts of the Services, including the website and the Apps may contain certain features. These features may be used only as part of the Services provided to you. In order to use certain features of the Services you may be required to register for an Account (as defined below). By accessing the Services, you agree to use the Services and any Insulet Content (as defined below) in accordance with all applicable local, provincial, national or international laws and regulations.

All content, including but not limited to messages, text, images, videos, graphics, files, trademarks, logos and other information and data available on the Services or provided by Insulet or its affiliates, employees, agents, licensors or service providers (collectively, the “Insulet Content”), are owned by Insulet or its licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property rights.

Insulet grants to you a limited non-exclusive, non-transferable, non-sublicensable, revocable, limited-purpose right to access and use the Services and the Insulet Content as made available to you through the Services for your non-commercial or personal use only. Insulet may in its sole discretion and without notice immediately suspend your access to or use of the Services (or any part of the Services), including where it considers that there is a security or operational risk to the Services or any of its, your, or third-party systems, or when you use the Services in violation of this Agreement. The suspension of use and access is not a breach of this Agreement. Insulet has no liability to you for suspending the Services under this provision or otherwise.

Restrictions on Use

Except as provided under this Agreement, you may not use, copy, distribute, modify, transmit, revise, reverse engineer, republish, translate, sell, exploit, post or create derivative works of the Insulet Content or Services, in whole or in part, or attempt, permit or facilitate any of the foregoing, without Insulet's prior written permission. You agree to comply with applicable laws and regulations when using the Services. The right of access set out above is not extended to the design or layout of the Services. Elements of the Services are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Except as expressly provided above, nothing in this Agreement shall be construed as granting you any license under any patent, trademark or copyright of Insulet or any third party. Insulet reserves the right to take any steps it deems necessary to prevent or restrain any unauthorized or prohibited access or use of the Services, including without limitation, taking legal action, or suspending or terminating your access to the Services without notice.

You agree not to: (i) interfere with other users' use of the Services; (ii) transmit any files which may contain viruses, or other contaminating or destructive properties; (iii) post or transmit material for advertising or commercial purposes; (iv) post or transmit any content which may injure, disparages or constitutes defamation or libel of any third party; (v) post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that constitutes or encourages criminal conduct or that violates any law; and (vi) attempt, permit or facilitate any of the foregoing. You agree not to disrupt or intercept our electronic information posted on the Services or on any of our servers. You also agree not to attempt to circumvent any security features of the Services, and to abide by all applicable provincial, federal and international laws, rules and regulations.

Intellectual Property

Insulet retains all rights, title and interest in and to any intellectual property in the Insulet Content and the Services. You are not permitted to use the trademarks displayed on the Services without the prior written consent of Insulet or the third party that owns such trademarks.

Our Apps are licensed, not sold, to App users. Insulet grants Apps users a revocable, non-exclusive, non-transferable, limited license to download, install, use and access our Apps for their personal use, strictly in accordance with this Agreement. Similarly, Insulet does not expressly permit links to any of its websites. Insulet, in its sole discretion, reserves the right to request that links to any of its websites be removed upon their discovery.

Except as expressly provided for in this Agreement, nothing herein shall be construed as conferring any license or right to you under any patent, trademark, copyright or other intellectual property rights owned by Insulet, its affiliates, related companies or their licensors.

Insulet does not warrant or represent that your use of Insulet Content or other information displayed on, or obtained through, the Services will not infringe the rights of third parties.

Automatic Collection of Information

All information, including Personal Information (as defined in the Privacy Policy) that you provide while accessing or using the Services, is subject to the Privacy Policy and the Cookie Policy, where applicable. By accessing and using the Services you agree to the collection, use and disclosure of the information you submit on the Services as outlined in the Privacy Policy.

You agree that Insulet may use, disclose, or otherwise share any Aggregated Data (as defined below) generated by the use of the Services, including use by you, for any purpose including developing, enhancing and providing the Services and Insulet’s other current and future products and services. “Aggregated Data” means data that does not contain Personal Information. You further agree with the terms and conditions contained in Insulet’s Cookie Policy.

Registration and Account Credentials

In order to access certain features of the Services you may be required to register for an Insulet account (an “Account”). When you register for an Account, Insulet will provide you with one user identification reference that you will use to create a username and password (together, the “User ID”). You agree that you are responsible for maintaining the confidentiality of your User ID. Your User ID, together with any or other user information that you provide through the Service which may include your first and last name, email address, phone number, password and location shall constitute the “Profile Information”. You must provide all the Profile Information required by the interface of the Service when creating your Account. You will provide true, accurate, current and complete Profile Information and you agree not to misrepresent any Profile Information.

Your Account is not transferable by you to any third party. You agree not to disclose your User ID to any third party. You are solely responsible for all activities that occur under your Account or using your User ID. If you become aware of any unauthorized use of your Account or User ID, you are responsible for notifying Insulet immediately. It is your responsibility to update or change your Account, User ID, and Profile Information, as appropriate.

Disclaimer

THE INSULET CONTENT AND THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND YOU ACCESS THE INSULET CONTENT AND SERVICES AT YOUR SOLE RESPONSIBILITY AND RISK. INSULET EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TITLE, NON-INFRINGEMENT, PERFORMANCE, TIMELINESS, RELIABILITY, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. INSULET ASSUMES NO RESPONSIBILITY FOR THE RESULTS YOU MAY OBTAIN BY USING THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE INSULET CONTENT OR ANY OTHER INFORMATION OR DOCUMENTS WHICH ARE MADE AVAILABLE THROUGH THE SERVICE OR REFERENCED BY OR LINKED TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSULET DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE COMPATIBLE WITH YOUR DEVICE OR COMPUTER OPERATING SYSTEM, OR WILL OPERATE ERROR-FREE, WITHOUT INTERRUPTIONS, OR WILL BE FREE FROM VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOUR USE OF THE INSULET CONTENT AND THE SERVICES ARE AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR ALL CONSEQUENCES, HOWEVER REMOTE, RESULTING FROM THAT USE.

THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE EXCLUSION OF IMPLIED WARRANTIES.

THE INSULET CONTENT AND THE SERVICES MAY BE UPDATED ON AN ONGOING BASIS, HOWEVER, YOU AGREE THAT TECHNICAL OR OTHER INACCURACIES MAY NOT BE CORRECTED.

THE SERVICES ARE INTENDED FOR USE BY RESIDENTS IN CANADA. IF YOU ARE NOT AN INTENDED USER OF THE SERVICES, YOU ARE NOT AUTHORIZED TO USE THE SERVICES. ANY REFERENCES TO INSULET PRODUCTS, SERVICES, AND PROGRAMS ARE ONLY APPLICABLE TO RESIDENTS IN CANADA. THESE REFERENCES DO NOT IMPLY THAT INSULET INTENDS TO ANNOUNCE SUCH PRODUCTS, SERVICES OR PROGRAMS IN ANY OTHER COUNTRY OTHER THAN CANADA.

The INSULET CONTENT OR OTHER information AVAILABLE THROUGH the Services should not be used as a substitute for the advice provided by a physician or other healthcare professional, and must not be used to diagnose or treat a disease or condition. Always consult your physician or other healthcare professional for medical advice and services. Nothing In the Services is meant to create a health care professional-patient relationship.

Please note that certain warranty terms may be applicable to the services you use. In case of discrepancies between the terms contained herein and the specific terms and conditions (including those contained in a user guide or user manual) applicable to the product or service for which you are a user, the terms and conditions specific to the product shall prevail.

Liability Limitation

Neither the Services nor the Content should ever be interpreted as medical advice, diagnosis, or treatment, and should not be relied on as an alternative to any advice given by a qualified healthcare professional.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSULET, ITS AFFILIATES AND ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS OR AGENTS OF THE FOREGOING, INCLUDING ANY EDITORIAL ADVISORS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, PATENT OR COPYRIGHT INFRINGEMENT, OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WRONGFUL DEATH, BUSINESS INTERRUPTION AND WHETHER RESULTING FROM THE USE OR INABILITY OF USE OF ANY CONTENTS OF THE SERVICES (OR A DIGITAL CHANNEL LINKED TO THE SERVICES), OR ANY OTHER CAUSE AND EVEN IF CAUSED BY THE NEGLIGENCE OF INSULET OR ITS AFFILIATES, OR IF INSULET OR ITS AUTHORIZED REPRESENTATIVE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING, OR BOTH.

THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, THE TOTAL LIABILITY OF INSULET, ITS AFFILIATES AND ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS OR AGENTS OF THE FOREGOING TO YOU HEREUNDER SHALL NOT EXCEED YOUR ONLINE CHARGES FOR ACCESSING THE SERVICES.

WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THE SERVICE AND/OR THIS AGREEMENT: (A) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (B) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

Links

As a convenience to our visitors, the Services may contain links to third-party websites. However, the existence of such links does not imply Insulet's endorsement or affiliation with such third-party websites. The Terms of Use and Privacy Policy do not apply to third-party websites. We suggest contacting these websites directly for information on their data collection and distribution policies. Your linking to a third-party website or pages is entirely at your own risk and subject to the terms and conditions of such websites or pages.

Indemnification

To the extent permitted under applicable law, you agree to indemnify, defend and hold harmless Insulet, its affiliates, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any claims, actions, demands, loss, damage, cost, or liability (including, reasonable legal fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties arising out of or in connection with this Agreement or the Services, including in relation to (i) your use, non-use or misuse of the Services or Insulet Content, (ii) your breach or alleged breach of this Agreement, including any abusive or unlawful behavior, or (iii) your infringement of any intellectual property, privacy or other right or interest of any person. Insulet reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Insulet, and you agree to cooperate with Insulet’s defense of these Claims. You agree not to settle any matter without the prior written consent of Insulet. Insulet will use reasonable efforts to notify you of any such Claims upon becoming aware of them.

Trademarks Referenced on The Services

Omnipod®, Omnipod DASH®, Simplify Life™, Podders™, are registered trademarks of Insulet Corporation. FreeStyle® is a registered trademark of Abbott Diabetes Care Inc. Dexcom is a registered trademark of Dexcom, Inc. Bluetooth® is a registered trademark of Bluetooth SIG.

Revisions

Insulet reserves the right, at its sole discretion, to revise this Agreement, the Privacy Policy or the Cookie Policy at any time, without notice to you, and you should review this Agreement from time to time. The changes to the Agreement or Privacy Policy will be effective as of the “Last Revised” date indicated at the top of this Agreement.

Your continued access or use of the Services after the effective date of any changes made to this Agreement or the Privacy Policy, shall constitute your acceptance of this Agreement or the Privacy Policy as revised. It is your responsibility to review this Agreement and the Privacy Policy and as such you should print or save a local copy of this Agreement and the Privacy Policy for your records.

FOR QUEBEC RESIDENTS ONLY: Insulet may at any time revise any section of this Agreement in the event of changes in applicable law and regulatory requirements, to adapt to new technologies, functionalities, or otherwise based on our legitimate business needs or if there are changes to our business practices. If we make changes to this Agreement, we will provide, 30 days before we make such changes, notice setting out exclusively the new clause, or the amended clause and the clause as it read formerly and the date of the coming into force of the amendment. Such notice will be provided through the Apps and/or by email. If you are not happy with those changes, and if the amendment entails an increase in your obligations or a reduction in our obligations, you will then have the right to discontinue the use of the Apps and cancel the Agreement without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force.

Laws

By accessing the Services, you and Insulet agree that all matters relating to this Agreement or your access to, or use of, the Services shall be governed by the statutes and laws of the Province of Ontario, without regard to the conflicts of laws principles thereof. You and Insulet also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters. The Services is intended for residents of Canada only. Insulet makes no representation that materials on the Services are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Interpretation

You may cancel your Account at any time through the web interface of the Service or by emailing [email protected]. Insulet is under no obligation to store any data and may delete your Account and any data relating thereto immediately upon termination of this Agreement. Insulet reserves the right at any time, and without cost or liability, to terminate this Agreement at its sole discretion for any reason, including for your failure to comply with the terms of this Agreement. Insulet reserves the right to modify, suspend or discontinue the Service, or any portion of the Services, at any time and for any reason, with or without notice.

This Agreement constitutes the entire agreement between you and Insulet relating to the use of the Services and the materials and information contained in the Services and cannot be modified except as described herein. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar), nor shall any waiver constitute a continuing waiver unless otherwise expressly provided. In the event that any provision herein or part thereof is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions or parts thereof shall be and remain in full force and effect and shall be construed as if the unlawful, void, invalid or unenforceable provision had been deleted from this Agreement. Those provisions of this Agreement that by their terms survive, or by their nature are intended to survive the termination of this Agreement, will survive any termination of the Agreement and remain in full force and effect.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY INSULET.

About This Site

To report an adverse event, medical device incident or product complaint about the Omnipod® Insulin Management System please call 1-855-POD-INFO (1-855-763-4636). To report an adverse event, medical device incident or product complaint about any other Insulet product, please call 1-855-POD-INFO (1-855-763-4636) or email [email protected]. The contents of the Services are for information only and are not, in any way, intended to replace or substitute the advice of your physician. This site does not provide medical advice. When using the Services, please read and accept any applicable terms and conditions. The Omnipod® Insulin Management System and the Omnipod DASH® Insulin Management System can be obtained through a statement of medical necessity, as required under applicable law. Before deciding on the Omnipod® Insulin Management System or the Omnipod DASH® Insulin Management System, you must discuss with your healthcare practitioner any applicable benefits or potential risks, as well as the responsibilities that come with insulin pump therapy.