Terms of Use

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Welcome to PivotPump.com website (the “Site”). This Site is owned and operated by Modular Medical, Inc. (“Modular Medical,”” “we,” “us,” or “our”) whether or not the terms are capitalized, located at 10740 Thornmint Road, San Diego, CA 92127, telephone 858.800.3500.

If you are accessing the Site, these terms apply to you and you are referred to in these terms as a “User,” “Users” “you” or “your” whether or not the terms are capitalized. Your access to and use of this Site is subject not only to the terms and conditions below, but to all applicable state and federal laws. By accessing or browsing this Site, you accept these terms and conditions (“Terms”).

Purpose of the Website: The Site provides general information about the Pivot™ Insulin Delivery System, related technologies, and Modular Medical, Inc. The content is intended for informational and educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.

Not Medical Advice: Nothing on this Site is intended to be, or should be construed as, medical advice. Always seek the advice of a qualified healthcare professional with any questions regarding a medical condition, insulin therapy, or treatment decisions. Never disregard professional medical advice or delay seeking it because of information obtained from this Site. Use of this Site does not create a patient–provider relationship between you and Modular Medical, Inc.

IT IS IMPORTANT TO KNOW THAT THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH MODULAR MEDICAL. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

ALSO, THIS SITE IS ONLY TO BE ACCESSED BY INDIVIDUALS OVER THE AGE OF EIGHTEEN (18) YEARS OR OLDER. BY ACCESSING, USING, OR BROWSING THE SITE, YOU ACKNOWLEDGE AND AGREE (1) YOU ARE OF PROPER AGE; AND THAT (2) YOU HAVE READ, UNDERSTOOD, AND UNRESERVEDLY ACCEPT THIS AGREEMENT.

PLEASE READ THESE TERMS AND OUR PRIVACY POLICY (COLLECTIVELY, THE “AGREEMENT”) CAREFULLY BECAUSE THESE TERMS CREATE A LEGALLY BINDING CONTRACT BETWEEN YOU AND US.

IF YOU DO NOT WISH TO ACCEPT THE AGREEMENT BETWEEN US AND YOU, PLEASE DO NOT ACCESS THE SITE.

Regulatory and FDA Disclosure: The Pivot™ Insulin Delivery System is a medical device subject to regulation by the U.S. Food and Drug Administration (FDA) and other regulatory authorities. Device availability, indications for use, and claims may vary by geography and regulatory status. It is important that you refer to official product labeling and instructions for use provided with an FDA-cleared or FDA-approved device and consult with a healthcare professional trained on its operations and as consistent with its labeling regarding appropriate use.

No Warranty or Guarantee:

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. MODULAR MEDICAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MODULAR MEDICAL OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. MODULAR MEDICAL DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE SITE OR THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Release.

You hereby release and forever discharge Modular Medical (and our directors, officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or

indirectly to: (i) any interactions with, or act or omission of the Site; or (ii) any third party site, products, services, and links included on or accessed through the Site.

If you are a California Resident, You agree that use of this Site is consideration for your waiving, and you waive California Civil Code Section 1542, which states “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Class Action Waiver.

You hereby agree to waive your right to bring or participate in any class action lawsuit related to any claim, controversy, or dispute arising out of or relating to this Agreement. You understand that this waiver means that you will not be able to bring or participate in a lawsuit as a representative of other individuals with similar claims. You also understand that you will not be able to recover any damages or other relief that may be awarded in a class action lawsuit.

Jury Waiver.

You understand and agree that per this section, You and We are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this provision, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived. All claims between you and Modular Medical must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed.

Agreement to Arbitrate.

To the extent you waived your rights in a manner that is allowable by the laws that apply to you based on your state of residence, You and We agree that any allowable dispute, claim, or controversy arising out of or relating to these Terms of Use, the Site, or any products or services offered through the Site (each, a "Dispute") shall be resolved exclusively through final and binding arbitration, rather than in court. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The AAA's rules are available at www.adr.org . The arbitration shall be conducted by a single, neutral arbitrator. The arbitration shall take place in San Diego, California or, at your election, may be conducted by telephone, video conference, or based on written submissions alone. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Conduct on the Site

Some features on the Site may require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself.

Some features on the Site may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Modular Medical immediately. Modular Medical may assume that any communications Modular Medical receives under your password have been made by you unless Modular Medical receives notice otherwise.

You or third parties acting on your behalf are not allowed to frame the Site or use our proprietary marks as meta tags without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Modular Medical’s express written consent. Further, you may not utilize any Site content in any meta tags or any other ‘hidden text’ techniques or technologies without Modular Medical’s express written prior consent.

If You use mobile services to enter and maintain Your personal information, You understand that You are responsible for safeguarding and securing Your mobile device and the associated credentials (such as user identifiers and passwords). If You leave Your mobile device unattended, or if it is lost or stolen, You understand that Your personal information may be accessible to others.

Acceptable Use; Prohibited Conduct.

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL NOT ENGAGE IN THE FOLLOWING PROHIBITED CONDUCT–THAT YOU WILL NOT:

· use the Site or any information displayed within the Site to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect or store location or personal information about other Users;

· use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, data security and privacy, and import or export control;

· use the Site in any manner or for any purpose that infringes or misappropriates any intellectual property right or other right of any person, or that violates any applicable laws or regulations;

· make unsolicited offers, advertisements, proposals, or send junk mail to other Users of the Site. This includes, but is not limited to, unsolicited advertising,

promotional materials or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies;

· impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site accounts of other Users;

· remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on use of the Site;

· intentionally interfere with or damage operation of the Site or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, invalid data, keyloggers, spyware, Trojan horses, time bombs, or other malicious or harmful code, or imposing an unreasonable or disproportionately large load on our infrastructure;

· post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, harmful to minors, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;

· post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;

· attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;

· hack, spam or phish Modular Medical or any Users of the Site; or

· hold Modular Medical responsible for your use of the Site. If you find something that violates these Terms, let us know by contacting Modular Medical {email}. We reserve the right, in our sole and absolute discretion, to deny you or anyone access to the Site without notice.

Refusal or Suspension of Service.

You alone are responsible for your involvement with other Users. You agree that Modular Medical will not be responsible for any loss or damage incurred as the result of any such interactions. Modular Medical RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER’S USE OF THE SITE. ACCORDINGLY, Modular Medical ALSO RESERVES THE RIGHT TO DISABLE ANY USER’S USE OF OR ACCESS TO THE SITE.

Indemnification and Hold Harmless.

You agree to indemnify, defend, and hold Modular Medical (and its affiliated companies, contractors, employees, director, officers, agents, and suppliers, licensors and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third-party arising out of or related to (i) your use or misuse of any provided information or the Site generally; (ii) any violation of the rights of any other person or entity by you; (iii) any breach or violation by you of this Agreement. Modular Medical reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Limitation of Liability:

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL MODULAR MEDICAL (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF MODULAR MEDICAL OR AN MODULAR MEDICAL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 10 WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL MODULAR MEDICAL’S (OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, DIRECTORS, OFFICERS, AGENTS’, SUPPLIERS’, OR THIRD-PARTY PARTNERS’, LICENSORS’ OR SUPPLIERS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY OR OTHERWISE) EXCEED FIFTY U.S. DOLLARS.

APPLICABLE LAW IN YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT MODULAR MEDICAL ’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR STATE.

In addition, Modular Medical acknowledges that certain jurisdictions provide additional other and mandatory legal rights to consumers that which cannot be overridden by contracts or waived by consumers. For example, if you are a resident of Washington State, you have specific rights (see our Privacy Policy). Please review that carefully because to the extent that Terms of this Site are in conflict with Your privacy rights under the laws of Washington State, and in particular,

the Washington My Health MY Data Act (“WMHDA”), the WMHDA will take priority and prevail. If any such consumer regulations apply to You, any sections of these Terms which could conflict with such regulations will not limit your legal rights.

Intellectual Property and Other Proprietary Rights:

The entire content of this Site, including any images or text, is protected by copyright. In consideration for your agreement to these Terms, Modular Medical grants you a personal, non-exclusive, non-transferable license to access and use this Site. You may download material from this Site only for personal, non-commercial use, and this Site may not be copied, distributed, downloaded, modified, reused, reposted, or otherwise exploited except as provided in these Terms without the express written permission of Modular Medical. It is the policy of Modular Medical to enforce its intellectual property rights to the fullest extent permitted under law. The use or misuse of these trademarks, copyrights, or other materials, except as permitted in these Terms, is strictly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes, and/or regulations. Modular Medical’s intellectual property rights include without limitation the Modular Medical's name and logo, and all product names, regardless of whether or not they appear in large print or with a trademark symbol, are trademarks of Modular Medical, or its licensors or partners, unless otherwise noted. Use, reproduction, copying, or redistribution of these trademarks, without the written permission of Modular Medical is prohibited.

Third-Party Sites; Links.

Our Site may include links to other third-party websites or services. Access and use of third-party websites, including information, material, products and services on third-party websites or available through third-party websites is solely at your own risk, and we provide third-party content and links only as a courtesy. Modular Medical does not endorse any such third-party websites, or the information, material, products or services contained on other linked sites or accessible through other third-party websites. We have no control over any third-party owned websites or content referenced, accessed by or available through this Site and we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third-party websites or content or for the availability of such web sites. IN PARTICULAR, WE DISCLAIM ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD PARTY-OWNED CONTENT (WHETHER PUBLISHED ON THIS, OR ANY OTHER, WEBSITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD PARTY WEB SITE OR CONTENT. If you link to third-party sites or content from this Site, you should consult the policy statements of each site you visit.

Privacy: Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and protect personal information. Please review the Privacy Policy for additional details.

Agree or Exit the Site.

YOU ACKNOWLEDGE AND AGREE THAT MODULAR MEDICAL HAS OFFERED THE SITE ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIRALLOCATION OF RISK BETWEEN YOU AND Modular Medical, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM ANESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MODULAR MEDICAL. MODULAR MEDICAL WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.

Governing Law: These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles. Any disputes arising under or relating to these Terms shall be brought exclusively in the state or federal courts located in California.

Claims: YOU AND MODULAR MEDICAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Modular Medical may at any time, for any reason and without restriction, transfer or assign this Agreement and the obligations contained in this Agreement to a third-party. You hereby acknowledge and agree that if another company acquires Modular Medical or substantially all of our assets (by sale, merger, or otherwise), that transaction may include a sale or transfer of your Personal Information as defined by our privacy policy available here and you agree to such transfer without further action or confirmation.

Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification, as well as any other provisions which by their nature are intended to survive

expiration or termination of this Agreement, do and hereby survive any expiration or termination of this Agreement or any termination of your use of access to the Site.

Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation”. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both you and Modular Medical, or by a change to this Agreement.

Modifications to These Terms: Modular Medical, Inc. reserves the right to update or modify these Terms at any time without prior notice. Changes will be effective upon posting to the Site. Your continued use of the Site after any changes constitutes acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the latest terms and conditions associated with use of the Site. If you do not agree to the changes, you must discontinue using the Site.

Miscellaneous. If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Modular Medical, Inc. reserves the right to alter or delete materials from this Web site at any time at its discretion.

Contact Information: If you have questions about these Terms & Conditions or the use of this Site, please contact:

Modular Medical, Inc.
10740 Thornmint Road
San Diego, CA 92127
Phone: 858.800.3500

You may not reproduce, distribute, modify, display, perform, or otherwise use any content from this Site without the prior written consent of Modular Medical, Inc., except for personal, non-commercial use where permitted by law. © 2026 Modular Medical, Inc. All rights reserved