End User License Agreement

This End User Licence Agreement (‘EULA’) is a binding agreement between Insulet Corporation (referred to as ‘Insulet’, ‘we’ or ‘us’) and you (referred to as ‘end user’ or ‘you’) and applies to your use of any Omnipod Discover Platform (https://global.discover.omnipod.com/, https://global.discover.omnipod.com/hcp), or any other Discover website or mobile app, content or services we create, use, offer, operate, or make accessible or available for download (including all related documentation) (collectively the ‘Services’).

BY CLICKING THE BOX AND SUBSEQUENTLY USING THE SERVICES, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, YOU MUST NOT USE THE SERVICES. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS EULA, IN WHICH EVENT WE WILL PROVIDE AN UPDATE (AS FURTHER SET FORTH IN SECTION 8) OR POST THE CHANGES ON THIS PAGE. YOUR USE OF THE SERVICES AFTER SUCH CHANGES ARE POSTED SHALL MEAN THAT YOU ACCEPT SUCH CHANGES.

Your use of and access to the Services are also governed by the Insulet Corporation Privacy Policy. For non-US residents, use of and access to the Services are governed the Insulet Privacy Policy applicable to your country of residence. These policies are hereby incorporated herein by this reference, and your receipt of them is hereby acknowledged. Your use of, access to and/or download from the Services may require you to acknowledge your acceptance of such Privacy Policies, and your failure to do so may restrict you from using or accessing certain of the Services’ features and functionality.

1. LICENSE

Subject to the terms of this EULA, we grant you a limited, non-exclusive and non-transferable licence to use the Services for your personal, non-commercial use strictly in accordance with this EULA and the Services’ documentation. You shall not (except as and only to the extent any following restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services in accordance with Section 4 hereof):

a) copy the Services, except as expressly permitted by this limited licence;

b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Services;

c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;

d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Services, including any copy thereof;

e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services, or any features and functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time; or

f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Services;

h) deep link, frame, or use or post any Services content on any other website or web-based communication channel, or in a network or similar environment permitting use or access by multiple users at the same time or for any purpose; or

i) use the Services in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems, or environments.

Unless otherwise specified, the Services are intended for adult use worldwide. No information should be submitted to or posted to any of the Services by users under 18 years of age without the consent of their parent or legal guardian.

2. OWNERSHIP; RESERVATION OF RIGHTS

All text, graphics, images, logos, photographs, videos, sounds, music, voiceovers, source and object code, algorithms, software, data, messages, posts, information and other materials appearing on or in the Services (‘Content’) are either owned by us or provided through an arrangement with third parties. Insulet Corporation and any such third parties retain all intellectual and proprietary rights to the Content, and the Content is protected by United States and international intellectual property laws, including but not limited to copyright. You may view, access, download, use and print (if applicable) the Content for your personal, non-commercial use, provided you retain all copyright and other intellectual property and proprietary notices contained in the original Content on any copy. The Content may not be used in any manner not expressly authorised by Insulet Corporation under this Agreement, and the limited rights granted to you are revocable at any time, with or without notice to you.

In no event may you sell, transfer, assign, license, sublicense or modify the Content, or display, reproduce, perform, broadcast, modify, adapt, translate, make a derivative version of, sell, distribute or otherwise use the Content in any way for any public or commercial purpose, or provide it to any public or commercial website. You may not decompile, reverse engineer, disassemble, decrypt or attempt to derive the source code or object code underlying the Services, or use any automatic tools to use or access the Services or to otherwise use or access the Services for any unlawful purpose.

Any unsolicited information you provide to Insulet Corporation through your use of the Services or through any other means shall be and remain the exclusive property of Insulet Corporation. This includes, but is not limited to, information posted to any public areas of the Services, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, ‘Unsolicited Information’). All such Unsolicited Information shall be deemed to be non-confidential, and Insulet Corporation shall be free to reproduce, use, disclose and distribute such Unsolicited Information to others without limitation or attribution. Any unsolicited information you provide to Insulet Corporation through your use of the Services or through any other means shall be and remain the exclusive property of Insulet Corporation. This includes, but is not limited to, information posted to any public areas of the Services, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, ‘Unsolicited Information’). All such Unsolicited Information shall be deemed to be non-confidential, and Insulet Corporation shall be free to reproduce, use, disclose and distribute such Unsolicited Information to others without limitation or attribution.

Trademarks, service marks and logos, including but not limited to Omnipod, the Omnipod logos, DASH, the DASH logo, the Omnipod 5 logo, SmartAdjust, Omnipod DISPLAY, Omnipod VIEW, Omnipod DEMO, Podder, Simplify Life, Toby the Turtle, PodderCentral, the PodderCentral logo, Podder Talk, PodPals, Pod University and OmnipodPromise (‘Marks’), used and displayed on or in any of the Services are our registered and/or unregistered Marks in the United States of America and elsewhere, and nothing on or in the Services or in this Agreement should be construed as granting any licence or right to use any Marks without our express prior written permission specifically for each use. Other product and company names mentioned herein may be service marks, trademarks, or registered service marks or registered trademarks of their respective owners.

You acknowledge and agree that the Services is provided under licence, and not sold, to you. You do not acquire any ownership interest in the Services under this EULA, or any other rights thereto other than to use the Services in accordance with the limited licence granted, and subject to all terms and conditions of this EULA. We reserve and shall retain our entire right, title and interest in and to the Services, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this EULA. We reserve all rights with respect to the Services not expressly granted herein and may discontinue the Services at any time, with or without notice to you.

3. COLLECTION AND USE OF YOUR INFORMATION.

For more information concerning what information we collect and what we do with such information, see our Privacy Policies applicable to your country of residence, or our Children’s Privacy Policy, if applicable. We may obtain and release any information if we believe, correctly or not, that such release is necessary to comply with law, to enforce this Agreement, the Privacy Policies or the Children’s Privacy Policy, if applicable, or to safeguard our property or rights.

You acknowledge that when you use the Services, we may use automatic means (including, for example, ‘cookies’ and other tools) to collect information about your use of, access to and download from the Services (including, for example, device data such as model and name, operating system and version, and usage data such as frequency and duration of use). For certain features and functionality of the Services, you also may be required to provide certain information about yourself as a condition to using such features and functionality (for example, PodderCentral®).

All ‘Personal Data’ we collect through or in connection with the Services is subject to the Insulet Corporation Privacy Policy and, for non-US residents, the Insulet Privacy policy applicable to the country of residence.

By using, accessing and/or providing Personal Data to or through the Services, you consent to all actions taken by us with respect to your Personal Data in compliance with our Privacy Policies as applicable.

If you create, transmit, submit, display or otherwise make available information (including, without limitation, information you have made available automatically through connection of any hardware to the Services) while using the Services, you may provide only information that you own or have the right to use. When you provide access to any such information through the Services, you give Insulet a licence to fully use that information in connection with providing you the Services. However, Insulet may only use the information you provide as permitted by the Insulet Privacy Policy and applicable law. If you use the Services together with your healthcare provider, your healthcare provider may be able to review and access your data and to transfer that data to your file on their Electronic Health Record (‘EHR’). Insulet is in no way responsible for any processing of your data conducted by healthcare providers. Please closely review our Privacy Policy for more information regarding how Insulet uses and discloses your personal information.

Insulet may also enter into business arrangements with third parties which will allow you to share your personal data with them. Whether to share your personal data with these third parties will be up to you.

4. OPEN SOURCE SOFTWARE

Notwithstanding anything herein to the contrary, Open Source Software (‘OSS’) as defined in our Open Source Notice is licensed to you under such OSS’s own applicable licence terms, which can be found at Insulet’s Open Source Notice. These OSS licence terms are consistent with the licence granted in Section 1, and may contain additional rights for you. The OSS licence terms shall take precedence over this EULA to the extent that this EULA imposes greater restrictions on you than the applicable OSS licence terms, solely with respect to the portions of the features and functionality subject to such OSS licence terms

5. CONTENT INFORMATIONAL ONLY; CONSULT YOUR HEALTHCARE PROVIDERS

YOU UNDERSTAND THAT HEALTH CARE AND TREATMENT ARE COMPLEX SUBJECTS REQUIRING THE SERVICES OF QUALIFIED HEALTHCARE PROVIDERS. THE CONTENT PROVIDED ON OR IN THE SERVICES IS INFORMATIONAL ONLY AND IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE OR RECOMMENDATIONS TO BE USED FOR DIAGNOSIS, TREATMENT OR FOR ANY OTHER INDIVIDUAL NEEDS. THE CONTENT IS NOT A SUBSTITUTE FOR MEDICAL OR HEALTHCARE ADVICE, RECOMMENDATIONS AND/OR SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER. THE CONTENT MAY NOT BE RELIED UPON IN ANY WAY IN CONNECTION WITH YOUR PERSONAL HEALTHCARE, RELATED DECISIONS AND TREATMENT. ALL SUCH DECISIONS AND TREATMENT SHOULD BE DISCUSSED WITH A QUALIFIED HEALTHCARE PROVIDER WHO IS FAMILIAR WITH YOUR INDIVIDUAL NEEDS.

6. HEALTHCARE PROVIDERS AND CLINICS

This Section 6 does not apply if you are a consumer.

A clinic may obtain and use the Services for use with the clinic’s patients only. Each individual who uses the Services on behalf of a clinic must personally enrol with the Services. One or more healthcare providers may be affiliated with a clinic. For avoidance of doubt, clinics are strictly prohibited from using the Services or sharing the data displayed in the Services outside of their clinics or with non-patients, including but not limited to, for any research, studies, investigations or audits.

A clinic shall register a Clinic Administrator with the Services. The Clinic Administrator is responsible for:

registering with the Services those patients that are: affiliated with the clinic; and opt in to providing information accessible to the Services to the clinic; and
registering with the Services those healthcare providers that are affiliated with the clinic.

The Clinic Administrator and registered affiliated healthcare providers may view information obtained from the Services for registered patients for purposes of treatment.

7. GEOGRAPHIC RESTRICTIONS

The Services are intended for use, access and/or download by persons located in countries where Insulet Corporation and its affiliates offer their products and services. You acknowledge that you may not be able to use, access and/or download the Services outside of these countries, and that such use, access and download may not be legal for certain persons or in certain countries. If you use, access and/or download the Services from outside these countries, you are responsible for compliance with local laws.

8. UPDATES

We may, from time-to-time and in our sole discretion, develop and provide updates to the Services, which may include, but are not limited to, upgrades, bug fixes, patches, other error corrections, and/or the removal or introduction of features and functionality (collectively, including related documentation, ‘Updates’). You acknowledge and agree that we have no obligation to provide any Updates or to continue to provide or enable any particular feature or functionality.

We may make Updates to the Services automatically or prompt you to make them manually, depending on the means by which you use, access or download it. When your internet connection permits: (a) the Services will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of this EULA.

9. THIRD-PARTY CONTENT

Insulet Corporation may offer certain Services through third-party websites or provide links to third-party websites for your convenience. As such, the Services may display, include or make available third party content (including text, graphics, images, logos, photographs, videos, sounds, music, voiceovers, source and object code, algorithms, software, data, messages, posts, information and/or other materials appearing on or in the Services, including applications and other products and services) or provide links to third party websites, products or services (‘Third-Party Content’). These third-party websites are not under our control, and you acknowledge and agree that we are not responsible for Third-Party Content, including its accuracy, completeness, timeliness, validity, legality, decency, quality or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Content. Third-Party Content and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. Before disclosing your Personal Data on any other website, we encourage you to examine the terms and conditions and privacy policy of each of those websites. Links to third-party websites do not constitute or imply an endorsement by Insulet Corporation.

You may choose to allow a third-party service provider to retrieve, provide, modify or otherwise use health and other information in your account, or otherwise share your information with such a service provider. Sharing of your personal data with a third party is solely at your own risk. Once you enable a specific third-party service provider to access your account, such service provider may continue to access your account until you affirmatively disable access. Third-party service providers may include both healthcare providers and other entities. It is your sole responsibility to review and approve each such third-party service provider before sharing your information with such third party.

USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. INSULET MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.

10. TERM AND TERMINATION

The term of this EULA commences on the earlier date of when you acknowledge your acceptance hereto and will continue in effect until terminated by us or by you or as set forth herein.

(a) By us. We may suspend or terminate this EULA and your access to all or any part of the Services at any time and for any reason with or without prior notice or liability. We may also change, suspend or discontinue all or any part of the Services, including certain features and functionality, at any time and for any reason with or without prior notice or liability. In addition, this EULA will be immediately and automatically terminated without any notice if you violate any of the terms and conditions of this EULA.

(b) By you. You may terminate this EULA by discontinuing your use of the Services.

(c) Survival. Upon termination: (i) all rights granted to you under this EULA will also terminate; and (ii) you must cease all use of the Services. If this EULA is terminated by us or by you, all sections shall survive the termination. Termination will not limit any of our rights or remedies at law or in equity.

11. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

Use of the Services is at your sole risk, and Insulet Corporation assumes no responsibility for your use or access of the Services, or any consequences thereof. EXCEPT FOR ANY EXPRESS WARRANTY STATED ON OR IN THE SERVICES, THE SERVICES, ITS CONTENT, AND ALL ITEMS OFFERED FOR SALE OR USE, ARE PROVIDED TO YOU ‘AS IS’ AND ‘AS AVAILABLE’ WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, AGREEMENTS OR WARRANTIES WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO UNDERTAKING, AGREEMENT OR WARRANTY, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, SERVICES, SYSTEMS, MOBILE DEVICES OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY AVAILABILITY, RELIABILITY, TIMELINESS, SECURITY, PERFORMANCE OR ANY OTHER STANDARDS, BE ERROR OR DEFECT FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR:

(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES.

(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. EXPORT REGULATION AND USA GOVERNMENT RIGHTS

The Services may be subject to USA export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export licence or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Services available outside the USA.

The Services is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the USA Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under licence, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other USA Government licensees and their contractors.

13. MISCELLANEOUS

This EULA, our Privacy Policy applicable to your country of residence, and the Open Source Notice constitute the entire agreement between you and us with respect to the Services, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.

If any provision of this EULA is found to be invalid, illegal or unenforceable by any court, such finding shall not affect the validity of the remaining provisions of this EULA, which shall be amended to achieve as closely as possible the effect of the original term, and all other provisions of this EULA will continue in full force and effect. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import. In the event of a conflict between this EULA and any applicable purchase or other terms, the terms of this EULA shall govern.

This EULA will be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts applicable to contracts entered into and performed exclusively in Massachusetts without giving effect to any choice or conflict of law provision or rule. Any court of competent jurisdiction sitting within Middlesex County, Massachusetts will have exclusive jurisdiction and venue for any dispute, legal suit, action or proceeding arising out of or relating to the Services or this EULA, and you hereby waive any argument or objection that any such court does not have jurisdiction over you or such dispute, or that the venue is not appropriate or convenient. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS EULA OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

A listing of patents that cover Omnipod Discover may be found at https://www.insulet.com/patents/.

Effective Date: November 2025