Clinician EULA

Clinician Web Experience

Please refer to your license agreement for terms of use.

Clinician Mobile Experience

Your use of this mymobility Clinician App (the “Application”) is governed by the licence agreement between Zimmer US, Inc. (“Zimmer Biomet”) and you or the organisation that granted you access to mymobility (the “Licence Agreement”). In addition to the terms of the Licence Agreement, if you are downloading the Application from the App Store, you agree to the terms set forth below (“Application Terms and Conditions”). Your use of the Application is optional, and if you decline to accept these Application Terms and Conditions, you can access the full functionality of mymobility in the clinician web experience. To the extent any of these terms conflict with the terms of the Licence Agreement, the terms of the Licence Agreement shall control.

You, the end-user of the Application, acknowledge that the Licence Agreement is not with Apple, Inc. (Apple), and Apple is not responsible for the Application and/or its content, including Zimmer Biomet content or third party content. Notwithstanding the foregoing, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of these Application Terms and Conditions and Apple has the right (and is deemed to have accepted the right) to enforce these Application Terms and Conditions against you as a third party beneficiary thereof. You acknowledge that Apple has no obligation whatsoever to maintain or support the Application, or to provide any maintenance or support services related thereto. You acknowledge that you have reviewed and agree to the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS), including the Usage Rules set forth therein. These terms and conditions incorporate by reference the Licenced Application End User Licence Agreement (the LAEULA) published by Apple (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms and Conditions, the Application is considered the Licenced Application as defined in the LAEULA, and Zimmer Biomet is considered the Application Provider as defined in the LAEULA. If any terms of these Application Terms and Conditions conflict with the terms of the LAEULA, the terms of these Application Terms and Conditions shall control.

You further acknowledge and agree that in no event will Apple be responsible for any claims by you or any third party relating to the Application (including a third party claim that the Application (including your possession and use thereof) infringes that third party’s intellectual property rights), and you, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. Neither will Apple be responsible for any claims related to your use or possession of the Application, including: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, including in connection with mymobility’s use of HealthKit. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty (if any) will be Zimmer Biomet’s sole responsibility. You agree to comply with the terms of any third party agreements when using the Application.

When you use the Application, you or other third parties may provide Zimmer Biomet with Personal Data or other data that uniquely identifies you to us or to relevant third parties. To the extent that you provide Personal Data in your use of the Application, you consent to our collection, use, and disclosure of that Personal Data in accordance with our Privacy Notice (available at https://www.zimmerbiomet.com/en/corporate/privacy-notice.html)), including consent to our transfer of the Personal Data to third parties in other countries. Furthermore, in connection with your use of the Application, you acknowledge and agree that Zimmer Biomet may collect and use technical and usage data and related information, including technical information about your device, date and time of Site access, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you.

Any questions, claims or complaints about the Application should be directed to:

Zimmer Biomet Connected Health

Address: 601 5th St. NW, Suite 200, Grand Rapids MI 49504

Phone: 1-844-799-8208

Email address support@zbmymobilitysolutions.com

For contact information outside the United States, go to:

https://support.zbmymobilitysolutions.com/patients/contact-us/