Terms and Conditions

THESE PRODUCTS AND SERVICES TERMS AND CONDITIONS OF USE ARE EFFECTIVE AS OF 31 July 2025.

These terms are between Modular Medical, Inc. (referred to as, “MMI,” “we,” or “us”) and you concerning your access to and/or use of the Healthcare Products and Services as defined below.

By agreeing to these terms, you are representing that you are of the legal age of majority of the country in which you reside and have the legal capacity to enter into these terms.

By accessing or using any Modular Medical Inc Product or Service, you are agreeing to these terms.

THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

1. Ownership/Use

All text, graphics, images, logos, photographs, videos, sounds, music, voiceovers, source and object code, 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. MMI 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 authorized by MMI 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, 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. You may not use the Services in any way that could overburden, damage or disable the Services and/or impair or interfere with other’s use of the Services. Deep linking, framing, and the use or posting of the Content on any other website, 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 are expressly prohibited. 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.

Unless otherwise specified, the Services are intended for adult use in the United States of America. 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.

Any unsolicited information you provide to MMI through your use of the Services or through any other means shall be and remain the exclusive property of MMI. 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 MMI shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

2. Third-Party Websites

Third Party Use Requirements

Healthcare Products and Services may include software, data, or other items licensed to us by third parties. Your use of such third-party items is subject to these terms, except as required otherwise by the applicable licensor. You must comply with the additional license provisions required by vendors of such third-party items posted by us at our Website or which we otherwise provide or make available to you, as they are amended from time to time. The version of such license provisions that is applicable to your use (which is the version of the license in force at the time you use the Healthcare Product or Service to which the license relates) is incorporated into and made a part of these terms.

Use of Third-Party Software or Equipment

Any use by you of third-party software or equipment is at your sole risk. To the maximum extent permitted by law, we have no responsibility or liability arising from your use of such of such third-party software or equipment, such as damage to, or problems, inaccuracies, or malfunctions in, the Healthcare Products and Services arising from such use.

3. Not Medical Treatment or Advice

You understand that MMI is not a healthcare professional and does not provide medical treatment or advice, nor do we verify the accuracy of any User Data.  The Healthcare Products and Services are not replacements for proper medical care, and you agree that the Healthcare Product and Services User (or their caregiver as the case may be) is solely responsible for obtaining proper treatment for the User’s conditions. You may provide information and reports received from the Healthcare Products and Services to the Product User’s HCP at your own discretion, understanding that the Technologies are provided without warranty except as expressly set forth in these terms or as otherwise required by law.

4. MMI Products and Services

Assurances to MMI

By purchasing, registering, or using a Healthcare Product or Service, you represent, warrant, and agree that all information you provide to us will be true, accurate, current and complete, and you will only use the Healthcare Product or Service in accordance with these terms, and as applicable, for the personal benefit of the Product User.

Consistent Use of Healthcare Products and Services

Certain Healthcare Products and Services will archive and store the User Data as governed by the Privacy Policy. As a result, the Healthcare Products and Services must be used only with the associated User Account and, as applicable, the associated User Product. Failure to do so may (1) cause the applicable Healthcare Product or Service to perform improperly, or not to perform at all, (2) corrupt the User Data, or (3) cause inaccurate User Data to be associated with the User or cause the User Data to be inaccurately displayed or analyzed.

Misuse

Misusing a Healthcare Product or Service, improperly accessing it or the information it process and transmits, or taking other unauthorized actions may put the User (or their User Data) at risk, cause the Healthcare Product or Service to malfunction, or otherwise prevent or hinder the proper and intended use of the Healthcare Product or Service. Accordingly, any such misuse is not permitted. Such misuse includes, but is not limited to Jailbreaking a Product or Computing Device.

Restrictions on Use of Healthcare Products and Services

You will not, and you will not permit anyone under your control to do, or attempt to do, any of the following:

Use the Healthcare Products or Services for commercial purposes or to benefit any third party; use or attempt to use any unauthorized means to modify, reroute, or gain access to the Technology or Website;
Damage, disable, overburden, interfere with, or impair the Technology or Website (or any network or device connected to the Technology or Website);
Enable unauthorized third-party applications to access the Healthcare Products or Services or the Website, or interface with any Technology or the Website;
Share your account password or otherwise authorize a third party to access or use the Technology on your behalf unless we provide an approved mechanism;
Sublicense or transfer any of your rights under these terms;
Modify, copy, or make derivative works based on any Healthcare Product or Service;
Reverse engineer or derive the source code for any Healthcare Product or Service, except to the extent such restriction is expressly prohibited by applicable law;
Create Internet “links” to or from any Technology or “frame” or “mirror” any content which forms part of any Technology or the Website;
Use any automated process or service (such as a bot, a spider, or periodic caching of information) to access or use any Technology, or to copy or scrape data from any Healthcare Product or Service;
Otherwise use any Healthcare Product or Service in any manner that exceeds the scope of use granted to you in these terms or set forth in any Product Labeling; or
Use unauthorized software or hardware to access any Healthcare Product or Service or to modify any Healthcare Product or Service in any unauthorized way (e.g., through unauthorized repairs, unauthorized upgrades, or unauthorized downloads).

5. Termination of this Agreement

By Us.

We reserve the right, in our sole discretion, to suspend or terminate this Agreement and your access to all or any part of the Services or their Content, at any time and for any reason with or without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services or their Content at any time with or without prior notice or liability.

By You.

Your sole means for terminating this Agreement is to discontinue use of the Services.

Survival.

If this Agreement is terminated, all sections shall survive the termination.

6. Warranty

Modular Medical, Inc. warrants the Modular Medical MODD1 Insulin Delivery System components against defects in materials and workmanship, under normal use, and will provide a replacement for components that qualify under the terms of this warranty. The warranty period for the Pump is up to six (6) months from the date of purchase and ninety (90) days from the time of first power on activation. The warranty period for the Insulin Cartridge, Infusion Set, and Adhesive Pad is for up to three (3) days from time of use and within the expiration date printed on the labels.

This Warranty is valid only if the Pump, Insulin Cartridge, Infusion Set, and Adhesive Pad have been used in accordance with the provided User Guide and will not apply if:

- The Insulin Cartridge, Infusion Set, or Adhesive Pad have been reused multiple times.

- The components have been altered or modified.

- The components are damaged from an event or accident, unrelated to defective materials or workmanship.

- The components are damaged by force majeure.

- The components are damaged from misuse, abuse, and negligence.

7. Apple-Specific Terms

In addition to the foregoing, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version MMI technology compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these terms and does not own and is not responsible for any MMI Technology. Apple is not providing any warranty for any MMI Technology except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for any MMI Technology and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any MMI Technology, including any third-party product liability claims, claims that any MMI Technology fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of any MMI Technology, including those pertaining to intellectual property rights, must be directed to us in accordance with the section titled “Notices; Questions or Complaints; Feedback.”  The license you have been granted under the applicable End User License Agreement is limited to a non-transferable license to use a MMI Technology on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Use. In addition, you must comply with the terms of any third-party agreement applicable to you when using any MMI Technology, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these terms and, upon your acceptance of these terms, will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under these terms is not subject to the consent of any third party.

8. Miscellaneous

This Agreement constitutes the entire agreement between you and us, and supersedes all prior agreements or communications. If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. 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. This Agreement will be governed by the laws of the state of Delaware. Any court of competent jurisdiction sitting within Delaware will have exclusive jurisdiction and venue for any dispute arising out of or relating to the Services or this Agreement, and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient.

If you have any questions regarding this Agreement, please Contact Us.