Products and Services
Terms and Conditions of Use

THESE PRODUCTS AND SERVICES TERMS AND CONDITIONS OF USE ARE EFFECTIVE AS OF 15 SEPTEMBER 2026 AND REPLACE THE PRIOR TERMS AND CONDITIONS OF USE.

These Products and Services Terms and Conditions of Use are available in English and in other languages and may be viewed on our Website by selecting your country of residence. In the event of any inconsistency between this version in English and a version in any other language, this version in English will prevail to the extent of the inconsistency.

These terms are between Tandem Diabetes Care, Inc. and its Affiliates (collectively, “Tandem,” “we,” or “us”) and you concerning your access to and/or use of the Healthcare Products and Services as defined below.

Where permitted by law, these terms may be enforced by any third party referred to herein. These terms may be rescinded or varied without the consent of any such third party.

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 Tandem Healthcare 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. Definitions

“Affiliate” means an entity owned or controlled by, or under common control of, Tandem.

“Computing Device” means a computer, mobile phone, or other device, in each case with a compatible browser which allows you to interact with the Tandem Website or a Healthcare Product or Service.

“Dispute” means all disputes arising out of or related to these terms or any aspect of the relationship between you and Tandem, whether based on contract, tort, statute, misrepresentation or any other legal theory.

“Feedback” means written or verbal suggestions, comments, or input relating to any Healthcare Product or Service or other opportunities for our existing or future activities.

“HCP” means a health care provider or a clinic administrator appointed by a healthcare provider who may be involved in a Personal User’s care.

“Healthcare Products and Services” means any and all of Tandem’s Products and Technologies.

“Jailbreaking” means the unauthorized removal of security restrictions on a Tandem Product or Computing Device used in connection with Tandem Technology for any purpose, including to permit the installation of unauthorized software or to retrieve data from such Tandem Product or Technology.

“Personal User” means a person who has the legal right to use or acquire a Healthcare Product or Service for their own personal use or the legal right to acquire a Healthcare Product for the use in connection with a minor child.

“Platform Software” means third party operating systems and browser software for your Computing Device.

“Product” means any insulin pump, insulin pump software, interoperable automated glycemic controllers, automated insulin dosing system, insulin cartridge, infusion set, or pump accessory that is or will be marketed, promoted, distributed or sold by or on behalf of Tandem. Insulin pumps include t:flex, t:slim, t:slim X2 and Tandem Mobi. Interoperable glycemic controllers include Basal-IQ technology and Control-IQ technology.

“Product Labeling” means documentation provided by Tandem in a user guide, in-app guide, or packaging for a Tandem Product or Technology, or otherwise provided to you by Tandem, including any Instructions for Use, Indications for Use, Contraindications, and Product Warnings and Safety Statements. Some of the Products are registered with the one or more regulatory authorities including but not limited to USFDA and MHRA as medical devices and are CE or UKCA marked.

“Professional User” means a HCP who has the legal right to use a Tandem Technology in the context of the provision of care to a Personal User.

“Tandem Source Admin User” means a user who has access to Tandem Source Admin (an application that interacts with the Tandem Source back-end services to provide functions to Tandem Customer Technical Support and international distributors so that they can assist other Tandem Source Users with account management and troubleshooting.

“Technology” means a Tandem software application including, without limitation, the t:simulator app, the Tandem Device Updater, Tandem Source, the t:connect and t:connect HCP applications (which include our uploader software, web applications, mobile apps, and our online customer, distributor, payor and provider online portals).

“Updates” means upgrades, bug fixes, patches, other corrections, and/or new features, each including any related documentation.

“User Account” a Tandem User account on our Website or Technology. A User Account may be a Personal User Account, a Professional User Account, or a Tandem Source Admin User Account.

“User Data” means data generated by or created in connection with the use of a Healthcare Product or Service.

“User Product” means the specific Tandem insulin pump used by a Personal User or a minor child.

“Website” means the Tandem website located at www.tandemdiabetes.com and other Tandem websites accessible to the general public from such site.

2. Scope of These Terms

Not Medical Treatment or Advice

You understand that Tandem 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.

Agreements Incorporated By Reference

In addition to these terms, the following are incorporated into and made a part of these terms: (1) any description located on our Website; (2) our Website Terms and Conditions (3) Product Labeling; (4) all Tandem and third-party copyright and trademark notices located on our Website; and (5) our Privacy Notice.

Changes to These Terms

Subject to applicable law, Tandem can change these terms by notifying you of such changes by any reasonable means, including by posting a notice of new terms to our Website. Clicking “Accept” to the new terms or your continued use of any Healthcare Product or Service for twenty-eight (28) days without objecting to the new terms, after any such change, is your acceptance of the new terms. Any such changes will not be to your material detriment unless the changes are made (a) to comply with any legal requirements or (b) to address a security, quality, or performance issue. Where such changes will have a material impact on you, we will notify you as far as possible in advance by email if you have registered your email with us. Any such changes will not apply to any Dispute between you and Tandem arising prior to the date on which we notified you of the revised terms incorporating such changes. If you do not agree with the new terms, you have the right to discontinue your use of the Healthcare Product or Service as described in the subsection entitled “Suspension or Termination by You” below.

3. Tandem Healthcare Products and Services

Assurances to Tandem

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 Notice. 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.

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.

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).

Suspension or Termination of Tandem Healthcare or Services

Suspension or Termination by Tandem. To the extent permitted by applicable law, Tandem may suspend or terminate any Technology or suspend or terminate your right to use any Technology if we reasonably consider your use exposes Tandem to unreasonable legal or operational risk, including if you have, or if we reasonably believe you have, violated these terms, or in connection with any event or legal development beyond our control that hinders our ability to offer any Technology. To the extent reasonable, we will notify you at least twenty-four (24) hours in advance of any such suspension or termination. However, if you materially violate these terms (including any use of Tandem’s resources that exceeds or circumvents Tandem’s reasonable restrictions, such as accesses, calls, or other uses of any application programming interface or server resources that Tandem makes available) we may immediately suspend or terminate your right to use any Tandem Technology. Following such suspension, we will provide you with a period of seven (7) days to remedy your violation of these terms. If you fail to remedy, or there Is a continued violation of these term, it may result in immediate termination of your right to use any Tandem Technology. In addition, except as may be legally required, we have no obligation to support any version of a Healthcare Product or Service once a new version of such Healthcare Product or Service is released.

Suspension or Termination by You. You may terminate your use of any Healthcare Product or Service by ceasing your use of the Healthcare Product or Service. You may terminate your use of any Technology by removing it from your Computing Device using your operating system removal procedures. You are not obligated to continue using any Healthcare Product or Service whether you terminate or not.

Effects of Termination. If your use of a Technology is terminated for any reason, (a) we may retain all of your Personal Information (as defined in the Privacy Notice) associated with your use of a Healthcare Product or Service for which you are registered as long as it is required or permitted by applicable law, (b) your rights to use the Technology will terminate, and (c) Sections entitled Scope of These Terms, Assurances to Tandem, Restrictions on Use of Healthcare Products and Services, Suspension or Termination of Healthcare Products and Services, Disputes and Governing Law, No Warranties, Limitations on Liability, Your Responsibility, Notices, Questions or Complaints, Feedback, Severability, Assignment, Export Restrictions, Minors, Apple-Specific Terms, Relationship, No Third Party Beneficiaries, and Complete Agreement will survive such termination and continue to apply to you and Tandem. If you later re-activate your account, and we have retained your Personal Information, we may re-associate your retained Personal Information with your newly re-activated account if we are able to do so, provided that you provide us with appropriate information enabling us to make the proper association. Notwithstanding the foregoing, if your use of a Technology is terminated for any reason, we may, without liability to you or any third party, immediately deactivate or delete your user name, password, and account, and all associated materials (including Personal Information), without any obligation to provide any further access to such materials.

4. Tandem Products

Tandem Product Availability

In certain geographies, certain Tandem Products require a prescription and may only be used by the person for whom the prescription was issued.

Tandem Product Updates

In Tandem’s sole discretion, we may provide Product Updates to eligible Product Users. Updates may modify or delete certain features and functionality, but will not affect the core functionality of the Tandem Products. You agree that Tandem has no obligation to provide Updates or to continue to provide or enable any particular features or functionality other than core functionality.

In its discretion, Tandem may designate certain Updates as mandatory, and their availability will be reasonably communicated to you. You agree to promptly download and install all Updates designated as mandatory and you acknowledge that the Product orportions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Product and subject to these terms.

5. Tandem Technology

Tandem Technology Availability

Tandem’s Technology may take the form of software applications available for access and/or download at our Website, the Apple App Store, the Google Play store, or other locations we select. The Technology may only be used by residents of those jurisdictions listed on our Website, the Apple App Store, the Google Play store, or the other selected location, as applicable.

The Technology may provide stand-alone functionality, may be used in connection with one or more Products, and/or may be used in connection with other Technologies. Tandem’s Technology may also take the form of software applications that permit the access, collection, storage, processing, analysis and/or transmission of data generated by a Tandem Product or other software app.

6. Technology and Product License

License Grant

Subject to these terms, Tandem grants you a limited, non-exclusive, and nontransferable license to (a) download, install, and use the Technology for your personal, non-commercial use on your Computing Device strictly in accordance with the Technology’s documentation or Product Labeling, where applicable; (b) access, download, and use on such Computing Device, the Content made available in or otherwise accessible through the Technology, strictly in accordance with these terms; and (c) where appropriate, download, install, use, and/or update (via the Technology) the Product for your personal, non-commercial use strictly in accordance with the Product Labeling and these terms

License Restrictions

You shall not (a) copy the Technology, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Technology; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Technology 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 Technology, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Technology, or any features or functionality of the Technology, to any third party for any reason, including by making the Technology 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 Technology.

Reservation of Rights

You acknowledge and agree that the Technology is provided under license, and not sold, to you. You do not acquire any ownership interest in the Technology under these terms, or any other rights thereto other than to use the Technology in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these terms. Tandem, its licensors, and service providers reserve and shall retain their entire right, title, and interest in and to the Technology, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these terms.

Requirements for Use of the Technology

The Technology may require the creation of a User Account either on our Website or on a software application. If so, you are required to accurately complete and maintain the applicable User Account which may be a Personal Account, a Professional Account, or a Tandem Source Admin Account.You are responsible for obtaining, maintaining, and paying for all hardware, software, and telecommunications and other services necessary for use of the Technology, including, but not limited to, properly obtaining and maintaining a compatible operating system, browser software, a suitable internet connection, an appropriate firewall, and virus scanning software.Your User Account is personal to you and you agree not to provide any other person access to your User Account, your user name, password, or other User Account security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security related to your User Account.

Personal User Accounts. Certain Technologies are intended to help the User manage their (or their minor child’s) condition in accordance with the applicable Product Labeling. Certain Technologies may also permit Users to share User Data with certain third parties. Our collection, storage, and transmission of User Data and any other information that you provide to Tandem through Healthcare Products and Services is governed by the Privacy Notice. Certain Technologies are intended to allow Users the ability to order certain Products. As the owner of a Personal Account, you must use your own credit card (or a card you are lawfully authorized to use for the benefit of the User), and you must comply with all requirements of the credit card provider. You agree to only acquire and use Tandem Products for personal use by, or on behalf of, the Product User. Tandem Products acquired and used in the manner described above are subject to the warranty and return policy included in the Tandem Product Labeling.

Professional User Accounts. Certain Technologies are intended to allow Product Users to share User Data with authorized HCPs. HCPs using the Technology acknowledge and agree that the Technologies are not substitutes for regular monitoring and medical care. Our collection, storage, and transmission of User Data and any other information that you provide to Tandem through the Tandem Technologies is governed by the Privacy Notice.

Tandem Source Admin User Accounts. In certain geographies, certain Technologies are intended to help the User troubleshoot their Healthcare Products and Services via their authorized distributor. The collection, storage, and transmission of User Data and any other information that you provide through the Tandem Technologies is governed by the Privacy Notice.

Unavailability of Technologies

Technologies may be interrupted or unavailable, and if they are, you must rely upon direct use of the User Product, as applicable.

Tandem Technology Updates

In its sole discretion, Tandem may provide Technology Updates. Technology Updates may modify or delete certain features and functionality. You agree that Tandem has no obligation to provide any Technology Updates or to continue to provide or enable any particular features or functionality.

Certain Technology Updates may be required for continued use of or access to the Technology. Based on your Computing Device settings, when your Computing Device is connected to the internet either (a) the Technology will automatically download and install all available Technology Updates; or (b) you may receive notice of or be prompted to download and install available Technology Updates.

You shall promptly download and install all Technology Updates that Tandem designates as mandatory and you acknowledge and agree that the Technology or portions thereof may not properly operate should you fail to do so. You further agree that all Technology Updates will be deemed part of the Technology and be subject to these terms.

Platform Software Updates

When a third-party provider issues an update to Platform Software, Tandem may require additional time to provide a compatible update to the Technology. If you update Platform Software prior to our making available an appropriate update to a Technology, you may no longer be able to use the Technology you have been using, or the Technology may not properly function. We may determine not to provide a compatible update to the Technology. Therefore, before you update Platform Software, you should first check the Website or, if applicable, the location where you originally downloaded the Technology to determine to if the Platform Software is compatible with your current Healthcare Products and Services versions.

7. No Responsibility for Third-Party Matters

Without limiting the provisions of these terms or expanding the scope of Tandem’s responsibilities, Tandem is not responsible for outages or defects in power, telecommunications, Computing Devices, third party software, and any other event outside of Tandem’s direct control.

8. Disputes and Governing Law

Mandatory Arbitration

TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND TANDEM, WHETHER BASED IN CONTRACT, TORT, CONSUMER PROTECTION, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY (EACH, A “DISPUTE”), WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT TANDEM AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU FURTHER AGREE THAT CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND THAT YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES (CURRENTLY AVAILABLE), AS AMENDED BY THESE TERMS. THE ARBITRATOR WILL CONDUCT HEARINGS, IF ANY, BY TELECONFERENCE OR VIDEOCONFERENCE, RATHER THAN BY PERSONAL APPEARANCES, UNLESS THE ARBITRATOR DETERMINES UPON REQUEST BY YOU OR BY US THAT AN IN-PERSON HEARING IS APPROPRIATE. ANY IN-PERSON APPEARANCES WILL BE HELD AT A MUTUALLY AGREEABLE LOCATION AND IF THE PARTIES ARE UNABLE TO AGREE ON A LOCATION, SUCH DETERMINATION SHOULD BE MADE BY THE AAA OR BY THE ARBITRATOR. THE ARBITRATOR’S DECISION WILL FOLLOW THESE TERMS AND WILL BE FINAL AND BINDING. THE ARBITRATOR WILL HAVE AUTHORITY TO AWARD TEMPORARY, INTERIM OR PERMANENT INJUNCTIVE RELIEF OR

RELIEF PROVIDING FOR SPECIFIC PERFORMANCE OF THESE TERMS, BUT ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE INDIVIDUAL CLAIM BEFORE THE ARBITRATOR. THE AWARD RENDERED BY THE ARBITRATOR MAY BE CONFIRMED AND ENFORCED IN ANY COURT HAVING JURISDICTION. NOTWITHSTANDING ANY OF THE FOREGOING, NOTHING IN THESE TERMS WILL PRECLUDE YOU FROM BRINGING ISSUES TO THE ATTENTION OF FEDERAL, STATE OR LOCAL AGENCIES AND, IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.

Some jurisdictions may not allow for arbitration of certain Disputes in certain circumstances. To the extent you are a resident of such jurisdiction, and this arbitration provision is found to be unenforceable by a court within such jurisdiction in connection with a Dispute between you and Tandem, such Dispute will instead, to the extent permitted by applicable law, be resolved exclusively in the federal and state courts located in the City of San Diego, and the County of San Diego, California, U.S.A., and you and Tandem each waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Notice of Dispute. In the event of a Dispute arising under, or relating to, these terms, the disputing party must provide the other party with written notice of the Dispute, including the facts giving rise to the Dispute and the relief sought by the disputing party. We will provide such notice by email to your email address. You will provide such notice to Tandem by mail or overnight delivery at the following address: General Counsel, 12400 High Bluff Dr., #100, San Diego, CA 92130, U.S.A.

Equitable Relief. Any violation of a party’s intellectual or industrial property rights will cause the non-violating party irreparable harm for which monetary damages are an inadequate remedy, and the non-violating party is entitled to temporary, preliminary, and permanent injunctive relief and specific performance without the posting of bond or other security, or if required, the minimum bond or security required.

9. No Warranties

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND EXCEPT FOR ANY LIMITED WARRANTY INCLUDED IN THE APPLICABLE PRODUCT’S LABELING, THE HEALTHCARE PRODUCTS AND SERVICES ARE PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND YOU USE THE HEALTHCARE PRODUCTS AND SERVICES AT YOUR OWN RISK.

EXCEPT TO THE EXTENT THAT SUCH LIMITATION IS PROHIBITED UNDER APPLICABLE LAW, TANDEM DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE OR USE, QUIET ENJOYMENT, ACCURACY, OPERATION, COMPLIANCE WITH DOCUMENTATION AND NON-INFRINGEMENT. TANDEM DISCLAIMS, AND THESE TERMS DO NOT INCLUDE, THE PROVISIONS OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, THE UNIFORM COMMERCIAL CODE, THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, AND ANY OTHER PROVISIONS IMPLIED INTO THESE TERMS IF NOT DISCLAIMED.

EXCEPT TO THE EXTENT PERMISSIBLE BY LAW, TANDEM DOES NOT MAKE ANY WARRANTIES THAT THE HEALTHCARE PRODUCTS OR SERVICES OR ANY DATA OR REPORTS PROVIDED BY TANDEM, WILL MEET YOUR REQUIREMENTS, BE RETRIEVABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED.

EXCEPT TO THE EXTENT PERMISSIBLE BY LAW, TANDEM DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HEALTHCARE PRODUCTS OR SERVICES.

TANDEM DOES NOT WARRANT ANY THIRD-PARTY DEVICE, MOBILE DEVICE, SOFTWARE, SERVICE OR DATA THAT YOU MAY USE IN CONNECTION WITH ANY HEALTHCARE PRODUCT OR SERVICE, WHETHER OR NOT SUCH THIRD-PARTY ITEM IS DESCRIBED IN, OR AVAILABLE OR CAN BE CONNECTED TO THROUGH, ANY HEALTHCARE PRODUCT OR SERVICE.

EXCEPT TO THE EXTENT PERMISSIBLE BY LAW, NO INFORMATION OR COMMUNICATIONS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH TANDEM OR THE HEALTHCARE PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY, EXCEPT FOR ANY LIMITED WARRANTY INCLUDED IN THE APPLICABLE PRODUCT’S LABELING. THIS DOES NOT APPLY TO YOUR RIGHTS WITH RESPECT TO DEFECTIVE FOR FAULTY TANDEM PRODUCTS.

EXCEPT AS EXPRESSLY PROVIDED, TANDEM DOES NOT WARRANT THE ACCURACY OF ANY HEALTHCARE PRODUCT OR SERVICE, AND THE USER DATA UPLOADED FROM ANY HEALTHCARE PRODUCT OR SERVICE AND RECEIVED BY TANDEM IS PROVIDED TO THE USER “AS-IS.” TANDEM DOES NOT ASSUME ANY OBLIGATION TO, AND DOES NOT WARRANT THAT IT WILL CREATE OR INCLUDE ADDITIONAL FEATURES OR FUNCTIONALITY FOR THE HEALTHCARE PRODUCTS AND SERVICES.

EXCEPT AS INCLUDED IN ANY PRODUCT LABELING, AND WITHOUT LIMITING YOUR RIGHTS UNDER APPLICABLE LAW, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HEALTHCARE PRODUCTS OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THEIR USE.

10. Limitations on Liability

SUBJECT TO THE LAST PARAGRAPH OF THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TANDEM’S AFFILIATES, LICENSORS, SUPPLIERS AND OTHER THIRD PARTIES WITH WHICH TANDEM HAS A CONTRACTUAL RELATIONSHIP (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS) HAVE ANY LIABILITY WHATSOEVER ARISING FROM OR RELATING TO THE HEALTHCARE PRODUCTS AND SERVICES, OR THESE TERMS, WHETHER FOR DIRECT OR ANY OTHER TYPE OF DAMAGES WHATSOEVER.

SUBJECT TO THE LAST PARAGRAPH OF THIS SECTION, EXCEPT TO THE EXTENT THAT SUCH LIMITATION IS PROHIBITED UNDER APPLICABLE LAW, NEITHER TANDEM, ITS AFFILIATES, NOR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS (COLLECTIVELY, “TANDEM PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE HEALTHCARE PRODUCTS OR SERVICES.

SUBJECT TO THE LAST PARAGRAPH OF THIS SECTION, EXCEPT TO THE EXTENT THAT SUCH LIMITATION IS PROHIBITED UNDER APPLICABLE LAW, NONE OF THE TANDEM PARTIES SHALL BE LIABLE FOR ANY CONSEQUENTIAL, UNFORESEEABLE, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOSS OF DATA OR BUSINESS INTERRUPTION WHETHER THE CLAIM OR DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), EXTRA- CONTRACTUAL LIABILITY, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF TANDEM, ITS AFFILIATES OR A PERSON AFFILIATED WITH EITHER OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES EXCLUDED IN THIS SECTION, AND EVEN IF SUCH EXCLUSIONS CAUSE THESE TERMS OR ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. SUBJECT TO THE LAST PARAGRAPH OF THIS SECTION, EXCEPT TO THE EXTENT THAT SUCH LIMITATION IS PROHIBITED UNDER APPLICABLE LAW, NONE OF THE TANDEM PARTIES SHALL BE LIABLE FOR TOTAL DAMAGES FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS, THE HEALTHCARE PRODUCTS OR SERVICES IN AN AGGREGATE AMOUNT GREATER THAN $500 U.S. DOLLARS.

SUBJECT TO THE LAST PARAGRAPH OF THIS SECTION, EXCEPT TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS PROHIBITED UNDER APPLICABLE LAW, NONE OF THE TANDEM PARTIES SHALL BE LIABLE FOR THE ACTIONS OR OMISSIONS OF A USER OR ANY THIRD PARTY.

SUBJECT TO THE LAST PARAGRAPH OF THIS SECTION, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT OUR LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW, AND THESE TERMS WILL BE DEEMED MODIFIED TO THE MINIMUM EXTENT NECESSARY TO COMPLY WITH SUCH APPLICABLE LAW.

Nothing in this Section is intended to limit or exclude liability where such liability is mandatory under applicable law and arises from the following: (a) death or personal injury resulting directly from willful or negligent act(s) or omission by Tandem or any of its employees or agents; (b) any fraudulent misrepresentation on the part of Tandem; or (c) any breach of an essential contractual duty.

11. Your Responsibility

Except to the extent prohibited under applicable law, you will be responsible for all third- party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) of Tandem, our Affiliates, licensors, suppliers and other contract relationships (including the officers, directors, employees, consultants, and agents of each) that such parties may incur as a result of or arising from (1) any information you submit, post or transmit through any Technology, (2) your use of the Healthcare Products and Services, (3) your violation of these terms, or (4) your violation of any rights of any other person or entity.

12. Notices; or Complaints; Feedback

Except as expressly provided elsewhere in these terms, we will provide any notice under these terms by email to your email address. You will provide any notice under this Agreement these terms to Tandem by mail or overnight delivery at the following address: ATTN: General Counsel, 12400 High Bluff Dr., #100, San Diego, CA 92130, U.S.A.

Questions or Complaints

If you have a question or complaint regarding a Tandem Healthcare Product or Service, and you are outside of the United States and Canada, please contact the third-party distributor from which you purchased your Tandem Product. If you live in the United States, tandemdiabetes.com/contact-us
. Please note that e- mail communications will not necessarily be secure. Accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Feedback to Tandem

You may provide Feedback to us and, in doing so, you grant to us the worldwide, nonexclusive, unrestricted, perpetual, irrevocable (on any basis whatsoever), royalty free right for us to use such Feedback in any way we determine, including through third parties, without any obligation to you for compensation, attribution, accounting, or otherwise. You will only provide to us Feedback for which you have the right to grant to us the rights listed in the preceding sentence.

13. Severability

In the event that any court holds any provision of these terms to be void, invalid or unenforceable, such provision will be modified to the minimum extent necessary to be effective, valid and enforceable while preserving the original intentions of the parties to the greatest extent possible, and the other provisions of these terms will remain in full force and effect and enforceable according to their terms.

14. Assignment

We may assign these terms in whole or in part at any time without notice (except to the extent such notice is mandatory under applicable law, in which case such notice may be made via a posting to our Website) provided we reasonably believe the assignee has the ability to perform the assigned obligations. You may not assign your rights in these terms with respect to your use of the Healthcare Products or Services.

15. US Government Rights

The Technology is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Technology as are granted to all other end users under license, 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 US Government licensees and their contractor.

16. Export Restrictions

The Healthcare Products and Services may be subject to US export control laws, or other export control laws including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Healthcare Products or Services to, or make the Healthcare Products and 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 license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Healthcare Products and Services available outside the US.

17. 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 of any Tandem 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 Tandem Technology. Apple is not providing any warranty for any Tandem Technology except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for any Tandem Technology and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any Tandem Technology, including any third-party product liability claims, claims that any Tandem 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 Tandem 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 Tandem 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 Tandem 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.

18. Relationship; No Third-Party Beneficiaries

Our relationship with you is as an independent contractor, and nothing in these terms creates an agency or partnership. Except for Tandem’s Licensors, Apple and Apple’s subsidiaries, there are no third-party beneficiaries to these terms.

19. Complete Agreement

These terms are the complete and final agreement between the parties relating to the matters herein and may only be modified as described in these terms. Tandem’s failure to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. The section titles in these terms are for convenience only and have no legal or contractual effect. In the event of a conflict between these terms and any other terms, these terms shall govern.

20. Country-Specific Terms

The following terms are country-specific and apply in addition to, or instead of the specified clauses of this Agreement when application of these local laws is mandatory.

AUSTRALIA

Section 8. The Mandatory Arbitration provisions of Section 8 do not apply to residents of Australia. All other provisions of Section 8 remain in effect.

Section 9. The No Warranty provisions of Section 9 do not apply to residents of Australia. Instead:

NOTICE FOR AUSTRALIAN CUSTOMERS: OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. FOR MAJOR FAILURES WITH THE SERVICE, YOU ARE ENTITLED:

TO CANCEL YOUR SERVICE CONTRACT WITH US; AND
TO A REFUND FOR THE UNUSED PORTION, OR TO COMPENSATION FOR ITS REDUCED VALUE.

YOU ARE ALSO ENTITLED TO CHOOSE A REFUND OR REPLACEMENT FOR MAJOR FAILURES WITH GOODS. IF A FAILURE WITH THE GOODS OR A SERVICE DOES NOT AMOUNT TO A MAJOR FAILURE, YOU ARE ENTITLED TO HAVE THE FAILURE RECTIFIED IN A REASONABLE TIME. IF THIS IS NOT DONE YOU ARE ENTITLED TO A REFUND FOR THE GOODS AND TO CANCEL THE CONTRACT FOR THE SERVICE AND OBTAIN A REFUND OF ANY UNUSED PORTION. YOU ARE ALSO ENTITLED TO BE COMPENSATED FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE FROM A FAILURE IN THE GOODS OR SERVICE.

If applicable legislation provides that there is a guarantee in relation to any good or service supplied by Tandem in connection with these terms and Tandem’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then the paragraphs 1 and 2 of Section 9 (No Warranties) do not apply to that liability and instead Tandem’s liability for such failure is limited to (at Tandem’s election):
- in the case of a supply of goods, Tandem replacing the goods or supplying equivalent goods or repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or
- in the case of a supply of services, Tandem supplying the services again or paying the cost of having the services supplied again.

All other provisions of Section 9 remain in effect.

AUSTRIA

Section 8. The Mandatory Arbitration provisions of Section 8 do not apply to Consumers within the meaning of Section 1 of the Austrian Consumer Protection Act (Konsumentschutzgesetz – KSchG).

Disputes between Tandem and you will, to the extent permitted by applicable law, be resolved exclusively in the federal and state courts located in the City of San Diego, and the County of San Diego, California, U.S.A., and you and Tandem each waive any jurisdictional, venue, or inconvenient forum objections to such courts. This jurisdictions clause does not apply to disputes between Tandem and a Consumer due to Section 14 KSchG. For such disputes, the court of substantive jurisdiction at the Consumer's place of residence is competent, due to the mandatory place of jurisdiction for Consumers in Austria.

Governing Law. Except to the extent prohibited by applicable law, these terms are governed by the laws of the State of Delaware, U.S.A., without regard to its principles of conflicts of law and regardless of your location. Notwithstanding this choice of law, the mandatory provisions of Austrian consumer protection law pursuant to Section 13a KSchG shall apply in relation to Consumers.

All other provisions of Section 8 remain in effect.

Section 9. NOTWITHSTANDING THE REMAINDER OF THE NO WARRANTIES PROVISIONS, YOU MAY HAVE LEGAL RIGHTS UNDER APPLICABLE AUSTRIAN LAW IN RELATION TO THE HEALTHCARE PRODUCTS AND SERVICES (WHERE FOR EXAMPLE THE PRODUCT OR TECHNOLOGY IS FAULTY OR NOT AS DESCRIBED, OR IS NOT OF SATISFACTORY QUALITY OR FIT FOR ITS INTENDED PURPOSE). THE MANDATORY PROVISIONS OF AUSTRIAN WARRANTY AND PRODUCT LIABILITY LAW SHALL APPLY TO CONTRACTS WITH CONSUMERS IN ANY CASE. THESE TERMS WILL NOT AFFECT THOSE RIGHTS GRANTED BY LAW. ADVICE ABOUT YOUR RIGHTS IS AVAILABLE FROM YOUR CONSUMER SUPPORT ORGANISATIONS (E.G. VEREIN FÜR KONSUMENTENINFORMATION www.vki.at).

Section 10. Nothing in this Section is intended to limit or exclude liability where such liability is mandatory under applicable law and arises from the following: (a) death or personal injury resulting directly from willful or negligent act(s) or omission by Tandem or any of its employees or agents; (b) other damages resulting from willful or grossly negligent act(s) or omission by Tandem or any of its employees or agents; (c) any fraudulent misrepresentation on the part of Tandem or any of its employees or agents; (d) any breach of an essential contractual duty by Tandem or any of its employees or agents; (e) any mandatory provisions of Austrian consumer protection law and Austrian product liability law.

Section 11. The provisions of Section 11 do not apply to residents of Austria.

BELGIUM

Section 8. The mandatory disputes provision does not apply and is replaced as follows:

To the extent permitted by applicable law, all disputes arising out of or related to these terms or any aspect of the relationship between you and Tandem, whether based in contract, tort, consumer protection, statute, fraud, misrepresentation or any other legal theory (each, a “dispute”), will be resolved before the competent court of the place where you have your domicile, or where the obligations which gave rise to the dispute have arisen. If you are a consumer, at your choice, you can also agree to have the dispute resolved through final and binding arbitration before a neutral arbitrator instead of in a court. You will have at least one month to choose between arbitration and court proceedings.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its consumer arbitration rules (currently available), as amended by these terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a mutually agreeable location and if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow these terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction. Notwithstanding any of the foregoing, nothing in these terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

All other provisions of Section 8 remain in effect.

Section 9. The No Warranty provisions of Section 9 do not apply. Instead:

Our goods and services come with guarantees that cannot be excluded under Belgian consumer law, such as the warranty for hidden defects and the warranty to deliver a good or service in accordance with its contractual specifications. In such cases, you are entitled to return the product and to receive a refund of the purchase price (if applicable); or to keep the product and to receive to compensation for its reduced value.

If you are a consumer residing in Belgium, in addition to your right to compensation for damages incurred, you are entitled to: to have the product or service repaired; or to receive a proportionate refund of the purchase price; or to terminate the agreement.

All other provisions of Section 9 remain in effect.

Section 10. The following paragraph does not apply:

CANADA

Section 8. The Mandatory Arbitration and Governing Law provisions of Section 8 do not apply to residents of the Province of Quebec. All other provisions of Section 8 remain in effect.

Section 9. NOTWITHSTANDING THE REMAINDER OF THE NO WARRANTIES PROVISIONS, YOU MAY HAVE LEGAL RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION OF RESIDENCE. THESE TERMS WILL NOT AFFECT THOSE RIGHTS IF THEY APPLY.

Section 10. NOTWITHSTANDING THE REMAINDER OF THE LIMITATIONS OF LIABILITY PROVISIONS, YOU MAY BE ABLE TO CLAIM FOR FORESEEABLE DIRECT DAMAGES RESULTING FROM IMMEDIATE AND DIRECT CONSEQUENCES OF TANDEM’S ACTION OR OMISSION, AND WHERE YOU COMMUNICATED THOSE ACTION OR OMISSION TO TANDEM.

Nothing in this Section is intended to limit or exclude liability where such liability is mandatory under applicable law.

Section 13. In the event that any court holds any provision of these terms to be illegal, void, invalid or unenforceable, the illegal provision will be stricken; the void, invalid, or unenforceable provision will be modified to the minimum extent necessary to be effective, valid and enforceable while preserving the original intentions of the parties to the greatest extent possible, and the other provisions of these terms will remain in full force and effect and enforceable according to their terms.

CZECH REPUBLIC

Section 3. Right of Withdrawal. If the Personal User is a consumer residing in the Czech Republic, he/she may, in addition to the above, withdraw from the contract concluded on the basis of these Terms if he/she concluded this contract online or remotely, within 14 days from the day on which the contract was concluded without giving reason. It is sufficient if the declaration of withdrawal is sent before expiry of the withdrawal period. Personal User in such case receives further information concerning the exercise of the right of withdrawal, instructions on withdrawal in the Annex to these Terms.

Section 6. If the Personal User is a consumer residing in the Czech Republic, beyond the above, Tandem is entitled to make changes to the digital performance provided. In such a case, the procedure shall be as set out in Section 2. Changes to these Terms regarding the reasons for the change, the procedure for notification of changes to the digital performance, as well as the right of the Personal User who is a consumer to terminate the contract with Tandem, for example, by ceasing to use the Healthcare Product or the Service.

Section 8. If the Personal User is a consumer residing in the Czech Republic, the provisions of this Section 8 on Mandatory Arbitration as well as exclusive jurisdiction for the resolution of consumer disputes shall not apply to the Personal User. All other provisions of Section 8 remain in effect.

Section 9. No Warranties. NOTWITHSTANDING THE REMAINDER OF THE NO WARRANTIES PROVISIONS, IN CASES WHERE THE PERSONAL USER IS A CONSUMER WITH A PLACE OF RESIDENCE IN THE CZECH REPUBLIC, ANY LIMITATIONS OR EXCLUSION OF TANDEM'S LIABILITY FOR DEFECTS, SHALL NOT APPLY, IF THEIR APPLICATION WOULD RESULT IN A DETERIORATION OF THE CONSUMER'S POSITION, RIGHTS OR THEIR EXERCISE.

Notice for Czech Customers:

In the event that the Personal User is a consumer with a place of residence in the Czech Republic, Tandem shall be liable for defects in Tandem Healthcare Products and/or Services, in accordance with the applicable legal regulations of the Czech Republic, particularly Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”). Tandem shall be liable for defects in goods and services, including digital performance, for the duration specified for the use of these Tandem Healthcare Products and Services, and if not specified, at least for a period of two years from their delivery/provision.

In the event that Tandem Healthcare Products, including those with a digital element provided by Tandem, have defects, the Personal User who is a consumer shall have claims in accordance with Section 2165 et seq. of the Civil Code, and thus the right to repair, replacement of goods, a reduction in price, or withdrawal from the purchase agreement in accordance with applicable legal regulations.

In the event that Tandem Healthcare Services, especially those that constitute digital performance, have defects, the Personal User who is a consumer shall have claims in accordance with Section 2165 et seq. of the Civil Code, particularly the right to have the defect removed, a reduction in price, and withdrawal from the Agreement in accordance with applicable legal regulations.

The Personal User, who is a consumer, is entitled to assert claims for defects in Tandem Healthcare Products and Services, including digital performance, through the contact details of Tandem specified in Section 12 and Section 20 of these Terms.

Section 10. NOTWITHSTANDING THE REMAINDER OF THE LIMITATIONS OF LIABILITY PROVISIONS, IN CASES WHERE THE PERSONAL USER IS A CONSUMER WITH A PLACE OF RESIDENCE IN THE CZECH REPUBLIC, ANY LIMITATIONS OF TANDEM'S LIABILITY, IN PARTICULAR LIMITATIONS OF LIABILITY FOR DAMAGES AND LIMITATIONS THEREOF, SHALL NOT APPLY, IF THEIR APPLICATION WOULD RESULT IN A DETERIORATION OF THE CONSUMER'S POSITION, RIGHTS OR THEIR EXERCISE.

Notice for Czech Customers:

Any provision of this Section shall not constitute a limitation of the consumer's right to assert any claims related to Tandem's liability for damages, for defects or any other liability of Tandem under the applicable laws of the Czech Republic.

Section 12. If the Personal User is a consumer with a place of residence within the Czech Republic, the Personal User has a right to propose initiation of an alternative dispute resolution under the contract with Tandem. None of the provisions herein exclude Personal User’s right as a consumer to refer his claim to a court of competent jurisdiction.

Annex: Information concerning the exercise of the right of withdrawal for consumers

Right of withdrawal. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which the contract was concluded. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by a statement (e.g. by mail or e-mail).

DENMARK

Section 8. (1) The Mandatory Arbitration provisions, (2) Forum clause in California, and (3) US choice of law in Section 8, do not apply to consumers residing in Denmark. All other provisions of Section 8 remain in effect.

FINLAND

Section 8. The Mandatory Arbitration provisions in Section 8 do not apply to private persons protected under the Finnish Consumer Protection Act (Kuluttajansuojalaki 38/1978).

All other provisions of Section 8 remain in effect.

Section 9. NOTWITHSTANDING THE REMAINDER OF THE NO WARRANTIES PROVISIONS, YOU MAY HAVE LEGAL RIGHTS UNDER APPLICABLE FINNISH CONSUMER PROTECTION LAW (KULUTTAJANSUOJALAKI 38/1978), IN RELATION TO SALE OF CONSUMER GOODS, DIGITAL PRODUCTS, DIGITAL SERVICES AND CERTAIN CONSUMER SERVICES. THESE TERMS WILL NOT AFFECT THOSE RIGHTS IF THEY APPLY.

Section 10. NOTWITHSTANDING THE REMAINDER OF THE LIMITATIONS OF LIABILITY PROVISIONS, YOU MAY HAVE LEGAL RIGHTS UNDER APPLICABLE FINNISH CONSUMER PROTECTION LAW (KULUTTAJANSUOJALAKI 38/1978), IN RELATION TO SALE OF CONSUMER GOODS, DIGITAL PRODUCTS, DIGITAL SERVICES AND CERTAIN CONSUMER SERVICES. THESE TERMS WILL NOT AFFECT THOSE RIGHTS IF THEY APPLY.

FRANCE

Section 8. The provisions relating to arbitration set forth in Section 8 shall not apply to French residents as regards their mandatory nature.

In the event of a dispute, Personal users also have the right to refer the matter to a consumer conciliator under the conditions set out in the French Consumer Code.

All other provisions of Section 8 remain in effect.

Section 9. The provisions of Section 9 shall not preclude the application of legal guarantees considered by French law to be public policy, in particular those referred to in Article L. 111-1 of the French Consumer Code. The latter may in particular be exercised with the Distributor referred to in Section 12.

Section 10. Notwithstanding the limitations on liability set out in Section 10, you may be able to claim for any acts that are directly and exclusively attributable to Tandem and that cause you a direct and personal damage.

Nothing in this Section is intended to limit or exclude liability where such liability is mandatory under applicable law and arises from the following: (a) death or personal injury resulting directly from willful or negligent act(s) or omission by Tandem or any of its employees or agents; (b) any fraudulent misrepresentation on the part of Tandem; (c) All French public policy provisions, including in particular Articles 1245 to 1245-17 of the French Civil Code relating to civil liability for defective products.

GERMANY

Section 9. For consumers, the statutory warranty rights under German law shall apply instead.

Section 8.
Arbitration Clause. The arbitration clause does not apply to consumers residing in Germany.
Governing Law. While the laws of the State of Delaware, U.S.A apply, to a User who is a consumer and has his habitual residence in Germany at the time of the conclusion of the contract, mandatory legal provisions of Germany remain applicable and unaffected by the choice of law of the State of Delaware, U.S.A .

Section 10. Section 10 above shall be replaced as follows:

Tandem’s liability to the User for damages caused by slight negligence will, irrespective of its legal ground, be limited as follows: (a) Tandem will be liable up to the amount of foreseeable damages typical for this type of contract for a breach of material contractual obligations; and (b) Tandem will not be liable for a breach of any non-material contractual obligations nor for the slightly negligent breach of any other applicable duty of care.

The above limitations of liability, as well as any other limitations of liability contained in these Terms, will not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. Additionally, such limitations of liability will not apply if and to the extent that Tandem has assumed a specific guarantee. The above will apply accordingly to Tandem’s liability to you for futile expenses. You are obliged to take adequate measures to avert and reduce damages.

The foregoing exclusions and limitations of liability shall apply to the same extent in favour of Tandem's executive bodies, legal representatives, employees and vicarious agents.

Section 11. The User's responsibility and liability shall be governed by German statutory law.

ITALY

Section 3. The Suspension or Termination by Tandem Clause shall not apply to consumers residing in Italy.

Section 8. The Governing Law and Mandatory Arbitration clauses are not applicable to consumers residing in Italy.

All other provisions of Section 8 remain in effect.

Section 9. The No Warranty provisions of Section 9 do not apply to consumers residing in Italy. Instead:

NOTICE FOR ITALIAN CONSUMERS: OUR GOODS AND SERVICES COME WITH GUARANTEES THAT COVER A PERIOD OF TWO YEARS FROM THE DATE OF DELIVERY THAT CANNOT BE EXCLUDED UNDER THE ITALIAN CONSUMER LAW. FOR MAJOR FAILURES WITH THE SERVICE, YOU ARE ENTITLED:

TO GET THE REPARATION OR THE REPLACEMENT OD THE GOODS; OR IN CASE THESE REMEDIES ARE NOT FEASEBLE;
A PRICE REDUCTION OR TERMINATION OF THE CONTRACT

All other provisions of Section 9 shall remain in effect.

Section 10. The limitation on liability clause does not apply to consumers residing in Italy. All other provisions in Section 10 remain in effect.

Section 11. The Your Responsibility clause does not apply to consumers residing in Italy.

IRELAND

Section 8. The Mandatory Arbitration provisions of Section 8 shall only apply to Disputes greater than € 5,000 and the costs of arbitration shall be borne by Tandem and as otherwise permitted by law. All other provisions of Section 8 remain in effect.

Section 9. NOTWITHSTANDING THE REMAINDER OF THE NO WARRANTIES PROVISIONS, YOU MAY HAVE LEGAL RIGHTS UNDER APPLICABLE IRISH LAW IN RELATION TO IMPLIED TERMS THAT THE HEALTHCARE PRODUCTS ARE FIT FOR PURPOSE AND OF MERCHANTABLE QUALITY. THESE TERMS WILL NOT AFFECT THOSE RIGHTS IF THEY APPLY. ADVICE ABOUT YOUR RIGHTS IS AVAILABLE FROM YOUR CONSUMER SUPPORT ORGANISATIONS IN YOUR COUNTRY.

LUXEMBOURG

Section 8. The Mandatory Arbitration provisions of Section 8 do not apply to residents of Luxembourg. All other provisions of Section 8 remain in effect.

Section 9. NOTWITHSTANDING THE REMAINDER OF THE NO WARRANTIES PROVISIONS, YOU MAY HAVE A LEGAL GUARANTEE OF CONFORMITY AND A LEGAL GUARANTEE IN THE EVENT OF HIDDEN DEFECTS UNDER APPLICABLE LUXEMBOURG LAW IN RELATION TO THE HEALTHCARE PRODUCTS AND SERVICES (WHERE FOR EXAMPLE THE PRODUCT OR TECHNOLOGY IS FAULTY OR NOT AS DESCRIBED, OR IS NOT OF SATISFACTORY QUALITY OR FIT FOR ITS INTENDED PURPOSE). THESE TERMS WILL NOT AFFECT THOSE RIGHTS IF THEY APPLY.

Section 10. Nothing in this Section is intended to limit or exclude liability where such liability is mandatory under applicable Luxembourg law and arises from the following: (a) death or personal injury resulting directly from willful or negligent act(s) or omission by Tandem or any of its employees or agents; (b) any fraudulent misrepresentation on the part of Tandem; (c) the Consumer Code; (d) tort; (e) gross negligence or willful misconduct or (f) any breach of an essential contractual duty;

NETHERLANDS

Section 8. In the event of an arbitration before the AAA, between Tandem and a Customer residing in the Netherlands, the Dutch Customer will be provided with an interpreter.

If a court were to find the arbitration provision under Section 8 to be unenforceable in connection with a Dispute between you and Tandem, such Dispute will instead be resolved in the federal and state courts located in the City of San Diego, and the County of San Diego, California, U.S.A., and you and Tandem each waive any jurisdictional, venue, or inconvenient forum objections to such courts. If you have invoked this provision against us in writing, you have one month to elect to have the dispute resolved by the Dutch courts.

Section 9. The No Warranty provisions of Section 9 do not apply to consumers residing in The Netherlands. Instead:

NOTICE FOR DUTCH CUSTOMERS: OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE DUTCH CONSUMER LAW. WHERE THE GOODS DO NOT CONFORM TO THE AGREEMENT, YOU ARE ENTITLED:

TO DELIVERY OF ANYTHING WHICH IS MISSING;
TO REPAIR OF THE GOODS OR SERVICES DELIVERED, WHERE REASONABLY POSSIBLE; AND
TO REPLACEMENT OF THE GOODS OR SERVICES DELIVERED, UNLESS THE DIVERGENCE FROM WHAT WAS AGREED IS TOO INSIGNIFICANT TO JUSTIFT THIS, OR UNLESS THE GOODS OR SERVICES HAVE BEEN LOST OR HAVE BEEN DETERIORATED BECAUSE YOU DID NOT ENSURE ITS SAFEKEEPING AS A PRUDENT OBLIGOR FROM THE TIME YOU SHOULD REASONABLTY HAVE TAKEN INTO ACCOUNT THAT A CANCELLATION WAS LIKELY.

YOU WILL NOT BE CHARGED FOR THE COSTS FOR PERFORMING THE ACTIONS MENTIONED ABOVE. THE ACTIONS WILL BE PERFORMED BY TANDEM WITHIN A REASONABLE PERIOD AND WITHOUT CAUSING SERIOUS INCONVENIECE TO YOU. YOU MAY BE DEPRIVED OF YOUR ENTITLEMENT TO REPAIR OR REPLACEMENT OF THE GOODS OR SERVICES, ONLY IF REPAIR OR REPLACEMENT IS IMPOSSIBLE OR CANNOT BE REASONABLY DEMANDED FROM TANDEM. NO REPAIR OR REPLACEMENT MAY BE DEMANDED FROM TANDEM IF THE COST IS DISPROPORTIONATE TO THAT OF EXERCISING AN ALTERNATIVE RIGHT OR REMEDY AS MENTIONED IN THIS NOTICE.

WHERE THE GOODS DO NOT CONFORM TO THE AGREEMENT AND REPAIR OR REPLACEMENT ARE IMPOSSIBLE OR MAY NOT BE REASONABLY REQUIRED FROM TANDEM, YOU ARE ENTITLED:

TO CANCEL YOUR SERVICE CONTRACT WITH US; AND
TO COMPENSATION FOR ITS REDUCED VALUE.

YOU ARE NOT ENTITLED TO CANCEL YOUR SERVICE CONTRACT WITH US, WHEN THE DIVERGENCE FROM WHAT WAS AGREED, IN VIEW OF ITS MINOR SIGNIFICANCE, WOULD NOT JUSTIFY CANCELLATION WITH ALL OF ITS CONSEQUENCES.

NOTWITHSTANDING THE REMAINDER OF THE NO WARRANTIES PROVISIONS, YOU MAY HAVE OTHER LEGAL RIGHTS UNDER APPLICABLE DUTCH LAW IN RELATION TO THE HEALTHCARE PRODUCTS AND SERVICES (WHERE FOR EXAMPLE THE PRODUCT OR TECHNOLOGY IS FAULTY OR NOT AS DESCRIBED, OR IS NOT OF SATISFACTORY QUALITY OR FIT FOR ITS INTENDED PURPOSE). THESE TERMS WILL NOT AFFECT THOSE RIGHTS IF THEY APPLY. ADVICE ABOUT YOUR RIGHTS IS AVAILABLE FROM YOUR CONSUMER SUPPORT ORGANISATIONS IN THE COUNTRY OF YOUR RESIDENCE.

NORWAY

Section 8. Section 8 does not apply to consumers of the Healthcare Products and Services residing in Norway ("Norwegian consumers"). As a Norwegian consumer, you have the right to lodge a complaint with the Norwegian Consumer Authority (nw. "Forbrukertilsynet"). Information on how to lodge a complaint with the Norwegian Consumer Authority can be found at their websites here: https://www.forbrukertilsynet.no/forbrukertilsynet-tar-imot-klager-pa-varer-og-tjenester. In addition, Norwegian consumers of the Healthcare Products and Services have the right to refer any disputes relating to these terms to the ordinary courts of Norway, in accordance with Sections 4-4 and 4-5 of the Norwegian Dispute Resolution Act (Nw: "Tvisteloven").

The Governing Law provision of Section 8 does not apply for matters pertaining to mandatory Norwegian statutory law, including matters pertaining to mandatory Norwegian consumer protection legislation, such as but not limited to Section 3 of the Norwegian Act Relating to Consumer Purchases (Nw: "Forbrukerkjøpsloven"). All other provisions of Section 8 remain in effect.

Section 9. NOTWITHSTANDING THE REMAINDER OF THE NO WARRANTIES PROVISIONS, YOU MAY HAVE LEGAL RIGHTS UNDER MANDATORY APPLICABLE NORWEGIAN LAW, INCLUDING NORWEGIAN CONSUMER LAW, IN RELATION TO IMPLIED TERMS THAT THE HEALTHCARE PRODUCTS ARE FIT FOR PURPOSE AND OF MERCHANTABLE QUALITY. THESE TERMS WILL NOT AFFECT THOSE RIGHTS IF THEY APPLY. ADVICE ABOUT YOUR RIGHTS IS AVAILABLE FROM THE NORWEGIAN CONSUMER AUTHORITY (NW: "FORBRUKERTILSYNET").

Nothing in this Section is intended to limit or exclude warranty where such warranty is mandatory under applicable Norwegian law, including but not limited to Chapter 4 and Chapter 6 of the Norwegian Act Relating to Consumer Purchases (Nw: "Forbrukerkjøpsloven").

Section 10. NOTWITHSTANDING THE REMAINDER OF THE LIMITATIONS OF LIABILITY PROVISIONS, YOU MAY BE ABLE TO CLAIM DAMAGES FOR DIRECT LOSS THAT YOU INCURR DUE TO THE PRODUCT BEING DEFECT AND FOR DIRECT LOSSES THAT WOULD ORDINARILY FLOW FROM ANY SPECIAL CIRCUMSTANCES UNDERWHICH THE CONTRACT WAS MADE AND WHERE YOU COMMUNICATED THOSE SPECIAL CIRCUMSTANCES TO TANDEM.

Nothing in this Section is intended to limit or exclude liability where such liability is mandatory under applicable Norwegian law, including but not limited to Sections 24 and33 and Chapter 11 of the Norwegian Act Relating to Consumer Purchases (Nw: "Forbrukerkjøpsloven").

NOTWITHSTANDING THE REMAINDER OF THE LIMITATIONS OF LIABILITY PROVISIONS, YOU MAY BE ABLE TO CLAIM DAMAGES FOR LOSS INCURRED DUE DAMAGE TO PERSONS OR OTHER PRODUCTS CAUSED BY THE PRODUCT.

Nothing in this Section is intended to limit or exclude liability where such liability is mandatory under applicable law, including but not limited to Section 34 of the Norwegian Act Relating to Consumer Purchases (Nw: "Forbrukerkjøpsloven") and Chapter 2 of the Norwegian Product Liability Act (Nw: "Produktansvarsloven").

PORTUGAL

Section 3. Notwithstanding the remainder of the Effects of Termination provisions of Section 3, you may have in certain circumstances legal rights under mandatory consumer protection Portuguese laws in relation to retrieve digital content free of charge, without hindrance, within fourteen (14) days from the date of Termination and in a commonly used and machine-readable format. These Terms will not affect this right if they apply. The Effects of Termination provisions of Section 3 do not preclude your right of access to Personal Data by the data subject under the EU General Data Protection Regulation. All other provisions of Section 3 remain in effect.

Section 8. The Mandatory Arbitration provisions of Section 8 do not apply to residents of Portugal. The Governing Law provision of Section 8 does not exclude the application of mandatory consumer protection Portuguese laws or mandatory Portuguese laws referring to product liability. Any right of the consumer under such mandatory Portuguese laws to settle disputes under these terms in Portuguese courts is not excluded. All other provisions of Section 8 remain in effect.

Section 9. THE NO WARRANTIES PROVISIONS OF SECTION 9, DO NOT AFFECT THE STATUTORY WARRANTIES UNDER MANDATORY PORTUGUESE LAWS IN RELATION TO THE HEALTHCARE PRODUCTS AND SERVICES (WHERE FOR EXAMPLE THE PRODUCT OR TECHNOLOGY IS FAULTY OR NOT AS DESCRIBED, OR IS NOT OF SATISFACTORY QUALITY OR FIT FOR ITS INTENDED PURPOSE) NOR ANY STATUTORY RIGTHS UNDER MANDATORY CONSUMER PORTUGUESE LAWS. THESE TERMS WILL NOT AFFECT THOSE WARRANTIES AND RIGHTS IF THEY APPLY.

Section 10. NOTHING IN SECTION 10 SHALL (I) AFFECT THE RIGHTS UNDER MANDATORY CONSUMER PROTECTION PORTUGUESE LAWS (II) EXCLUDE OR LIMIT CLAIMS OR RIGHTS AGAINST TANDEM IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR DEFECTIVE PERFORMANCE BY TANDEM (III) EXCLUDE OR LIMIT TANDEM’S LIABILITY FOR PERSONAL INJURY OR DEATH RESULTING FROM A TANDEM’S ACT OR OMISSION (IV) EXCLUDE OR LIMIT TANDEM’S LIABILITY FOR DAMAGE OR LOSS CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (V) EXCLUDE OR LIMIT ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY MANDATORY PORTUGUESE LAWS.

Section 14. The Assignment provisions of Section 14 regarding Tandem’s right to assign do not apply to residents of Portugal.

SLOVAKIA

Section 3. Right of Withdrawal. If the Personal User is a consumer residing in the Slovak Republic, he/she may, in addition to the above, withdraw from the Agreement concluded on the basis of these Terms if he/she concluded this Agreement online or remotely, within 14 days from the day on which the Agreement was concluded without giving reason. It is sufficient if the declaration of withdrawal is sent before expiry of the withdrawal period. Personal User in such case receives further information concerning the exercise of the right of withdrawal, instructions on withdrawal and the template withdrawal form in the Annex to these Terms.

Section 6. Tandem Technology Updates. If the Personal User is a consumer residing in the Slovak Republic, beyond the above, Tandem is entitled to make changes to the digital performance provided. In such a case, the procedure shall be as set out in Section 2. Changes to these Terms regarding the reasons for the change, the procedure for notification of changes to the digital performance, as well as the right of the Personal User who is a consumer to terminate the Agreement with Tandem, for example, by ceasing to use the Healthcare Product or the Service.

Section 8. If the Personal User is a consumer residing in the Slovak Republic, the provisions of this Section 8 on Mandatory Arbitration as well as exclusive jurisdiction for the resolution of consumer disputes shall not apply to the Personal User, if their application would result in a deterioration of the consumer's position, rights or their exercise.

Section 9. No Warranties. NOTWITHSTANDING THE REMAINDER OF THE NO WARRANTIES PROVISIONS, IN CASES WHERE THE PERSONAL USER IS A CONSUMER WITH A PLACE OF RESIDENCE IN THE SLOVAK REPUBLIC, ANY LIMITATIONS OR EXLUSION OF TANDEM'S LIABILITY FOR DEFECTS, SHALL NOT APPLY, IF THEIR APPLICATION WOULD RESULT IN A DETERIORATION OF THE CONSUMER'S POSITION, RIGHTS OR THEIR EXERCISE.

Notice for Slovak Customers:

If the Personal User is a consumer with a place of residence in the Slovak Republic, Tandem shall be liable for defects in Tandem Healthcare Products and/or Services, in accordance with the applicable legal regulations of the Slovak Republic, particularly Act No. 40/1964 Coll., the Civil Code, as amended (“Civil Code”). Tandem shall be liable for defects in goods and services, including digital performance, for the duration specified for the use of these Tandem Healthcare Products and Services, and if not specified, at least for a period of two years from their delivery/provision.

If Tandem Healthcare Products, including those with a digital element provided by Tandem, have defects, the Personal User who is a consumer shall have claims in accordance with Section 621 et seq. of the Civil Code, and thus the right to repair, replacement of goods, a reduction in price, or withdrawal from the purchase agreement in accordance with applicable legal regulations.

If Tandem Healthcare Services, especially those that constitute digital performance, have defects, the Personal User who is a consumer shall have claims in accordance with Section 852j et seq. of the Civil Code, particularly the right to have the defect removed, a reduction in price, and withdrawal from the Agreement in accordance with applicable legal regulations.

Section 10. Limitation of Liability. NOTWITHSTANDING THE REMAINDER OF THE LIMITATIONS OF LIABILITY PROVISIONS, IN CASES WHERE THE PERSONAL USER IS A CONSUMER WITH A PLACE OF RESIDENCE IN THE SLOVAK REPUBLIC, ANY LIMITATIONS OF TANDEM'S LIABILITY, IN PARTICULAR LIMITATIONS OF LIABILITY FOR DAMAGES AND LIMITATIONS THEREOF, SHALL NOT APPLY, IF THEIR APPLICATION WOULD RESULT IN A DETERIORATION OF THE CONSUMER'S POSITION, RIGHTS OR THEIR EXERCISE.

Notice for Slovak Customers:

Section 12. None of the provisions herein exclude Personal User’s right as a consumer to refer claims to a court of competent jurisdiction.

Annex: Information concerning the exercise of the right of withdrawal for consumers

Right of withdrawal. You have the right to withdraw from this agreement within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which the agreement was concluded. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this agreement by a statement (e.g. by mail or e-mail).

SPAIN

Section 8. The Mandatory Arbitration provisions of Section 8 do not apply to residents of Spain. All other provisions of Section 8 remain in effect. In case of controversy about the interpretation or execution of these Terms of Use, you will be able to go, for the resolution of the conflicts derived or related to the service to the Courts and Courts that are competent at every moment, according to the provisions in the current legislation. You will also be protected by any mandatory provision of the laws of Spain.

Likewise, there are several Alternative Dispute Resolution mechanisms that you can turn to. These include the following: https://www.dsca.gob.es/es/consumo/como-reclamar-conflicto-consumo/resolucion-alternativa-conflictos.

The Governing Law applying to these terms in relation to residents of Spain shall be the laws of Spain.

Section 9. NOTWITHSTANDING THE REMAINDER OF THE NO WARRANTIES PROVISIONS, YOU MAY HAVE LEGAL RIGHTS UNDER APPLICABLE SPANISH LAW IN RELATION TO IMPLIED TERMS THAT THE HEALTHCARE PRODUCTS ARE FIT FOR PURPOSE AND OF MERCHANTABLE QUALITY. THESE TERMS WILL NOT AFFECT THOSE RIGHTS IF THEY APPLY. ADVICE ABOUT YOUR RIGHTS IS AVAILABLE FROM YOUR CONSUMER SUPPORT ORGANISATIONS IN YOUR COUNTRY.

SWEDEN

Section 8. The Mandatory Arbitration provisions of Section 8 do not apply to residents of Sweden. All other provisions of Section 8 remain in effect.

Section 9. NOTWITHSTANDING THE REMAINDER OF THE NO WARRANTIES PROVISIONS, YOU MAY HAVE LEGAL RIGHTS UNDER APPLICABLE SWEDISH LAW IN RELATION TO THE HEALTHCARE PRODUCTS AND SERVICES (WHERE FOR EXAMPLE THE PRODUCT OR TECHNOLOGY IS FAULTY OR NOT AS DESCRIBED, OR IS NOT OF SATISFACTORY QUALITY OR FIT FOR ITS INTENDED PURPOSE). THESE TERMS WILL NOT AFFECT THOSE RIGHTS IF THEY APPLY. ADVICE ABOUT YOUR RIGHTS IS AVAILABLE FROM YOUR CONSUMER SUPPORT ORGANISATIONS IN THE COUNTRY OF YOUR RESIDENCE.

SWITZERLAND

Section 6. License Restrictions: This section shall be replaced with the following: "c) except as permitted by the applicable law reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Technology or any part thereof;"

Section 8. This section shall be replaced with the following: “The applicable law will be Swiss law and the Swiss courts at your domicile will have exclusive jurisdiction”. The section “Notice of Dispute” shall remain as is.

Section 10. The following paragraph of section 9 shall be amended as follows: "Nothing in this Section is intended to limit or exclude liability where such liability is mandatory under applicable law and arises from the following: (a) death or personal injury resulting directly from willful intent or gross negligent act(s) by Tandem or any of its employees or agents; any fraudulent misrepresentation on the part of Tandem".

UNITED KINGDOM

Section 9. NOTWITHSTANDING THE REMAINDER OF THE NO WARRANTIES PROVISIONS, YOU MAY HAVE LEGAL RIGHTS UNDER APPLICABLE UK LAW IN RELATION TO THE HEALTHCARE PRODUCTS AND SERVICES (WHERE FOR EXAMPLE THE PRODUCT OR TECHNOLOGY IS FAULTY OR NOT AS DESCRIBED, OR IS NOT OF SATISFACTORY QUALITY OR FIT FOR ITS INTENDED PURPOSE). THESE TERMS WILL NOT AFFECT THOSE RIGHTS IF THEY APPLY. ADVICE ABOUT YOUR RIGHTS IS AVAILABLE FROM YOUR CONSUMER SUPPORT ORGANISATIONS IN THE COUNTRY OF YOUR RESIDENCE.

Section 10. NOTWITHSTANDING THE REMAINDER OF THE LIMITATIONS OF LIABILITY PROVISIONS, YOU MAY BE ABLE TO CLAIM FOR DIRECT LOSS AND FOR LOSSES THAT WOULD ORDINARILY FLOW FROM ANY SPECIAL CIRCUMSTANCES UNDERWHICH THE CONTRACT WAS MADE AND WHERE YOU COMMUNICATED THOSE SPECIAL CIRCUMSTANCES TO TANDEM.

Nothing in this Section is intended to limit or exclude liability where such liability is mandatory under applicable law and arises from the following: (a) death or personal injury resulting directly from willful or negligent act(s) or omission by Tandem or any of its employees or agents; (b) any fraudulent misrepresentation on the part of Tandem; (c) Section 12 of The Sale of Goods Act 1979; or (d) any term which cannot be excluded by virtue of Sections 31, 47 and 57 of the Consumer Rights Act 2015.

Products and Services Terms and Conditions of Use

Contents

1. Definitions

2. Scope of These Terms

3. Tandem Healthcare Products and Services

4. Tandem Products

5. Tandem Technology

6. Technology and Product License

7. No Responsibility for Third-Party Matters

8. Disputes and Governing Law

9. No Warranties

10. Limitations on Liability

11. Your Responsibility

12. Notices; or Complaints; Feedback

13. Severability

14. Assignment

15. US Government Rights

16. Export Restrictions

17. Apple-Specific Terms

18. Relationship; No Third-Party Beneficiaries

19. Complete Agreement

20. Country-Specific Terms

1. Definitions

2. Scope of These Terms

Not Medical Treatment or Advice

Agreements Incorporated By Reference

Changes to These Terms

3. Tandem Healthcare Products and Services

Assurances to Tandem

Consistent Use of Healthcare Products and Services

Misuse

Third Party Use Requirements

Use of Third-Party Software or Equipment

Restrictions on Use of Healthcare Products and Services

Suspension or Termination of Tandem Healthcare or Services

4. Tandem Products

Tandem Product Availability

Tandem Product Updates

5. Tandem Technology

Tandem Technology Availability

6. Technology and Product License

License Grant

License Restrictions

Reservation of Rights

Requirements for Use of the Technology

Unavailability of Technologies

Tandem Technology Updates

Platform Software Updates

7. No Responsibility for Third-Party Matters

8. Disputes and Governing Law

Mandatory Arbitration

9. No Warranties

10. Limitations on Liability

11. Your Responsibility

12. Notices; or Complaints; Feedback

Questions or Complaints

Feedback to Tandem

13. Severability

14. Assignment

15. US Government Rights

16. Export Restrictions

17. Apple-Specific Terms

18. Relationship; No Third-Party Beneficiaries

19. Complete Agreement

20. Country-Specific Terms

AUSTRALIA

AUSTRIA

BELGIUM

CANADA

CZECH REPUBLIC

Notice for Czech Customers:

Notice for Czech Customers:

DENMARK

FINLAND

FRANCE

GERMANY

ITALY

IRELAND

LUXEMBOURG

NETHERLANDS

Products and Services
Terms and Conditions of Use