Terms of Use Optimotion Acquisition I, LLC d/b/a Optimotion Implants Website Terms of Use Effective Date: October 28, 2026 Last Updated: October 28, 2026 PLEASE READ THESE TERMS CAREFULLY. SECTION 14 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES ARE RESOLVED. 1. Acceptance of Terms These Terms of Use (“Terms”) govern your access to and use of the website located at https://optimotionimplants.com and all related pages, content, forms, downloadable materials, and features (collectively, the “Website”), operated by Optimotion Acquisition I, LLC d/b/a Optimotion Implants (“Optimotion Implants,” “we,” “us,” or “our”). By accessing or using the Website, or by submitting any form on the Website, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Website. You must be at least 18 years old to use the Website. If you use the Website on behalf of an institution, hospital, practice, or other organization (for example, when submitting a grant application), you represent that you are authorized to bind that organization to these Terms. 2. Nature of the Website; Intended Audiences The Website provides general information about Optimotion Implants, our total knee replacement implants and surgical instrumentation (including the Optimotion™ Blue Total Knee System and Blue Plus Knee System), the lateral approach to total knee replacement, partnered surgeons, and our grant and fellowship programs. Certain sections, including product specifications, surgical technique guides, the Lateral Approach Technical Guide, and instructions for use (“IFUs”), are intended for licensed healthcare professionals in the United States. Our products are available in the United States only by or on the order of a physician. The Website is intended for use by individuals residing in the United States only. 3. Medical and Product Disclaimers 3.1 No Medical Advice. THE CONTENT OF THE WEBSITE, INCLUDING INFORMATION ON TOTAL KNEE REPLACEMENT, THE LATERAL APPROACH, FREQUENTLY ASKED QUESTIONS, RECOVERY TIMELINES, AND TESTIMONIALS, IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IT IS NOT MEDICAL ADVICE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT. Always seek the advice of your physician or other qualified healthcare provider with any questions about a medical condition or treatment. Never disregard professional medical advice or delay seeking it because of something you read on the Website. If you think you may have a medical emergency, call 911 immediately. 3.2 No Physician–Patient Relationship. Use of the Website, including submitting a form or contacting us, does not create a physician–patient relationship with Optimotion Implants or with any surgeon. Optimotion Implants is a medical device manufacturer and does not practice medicine. 3.3 Individual Results Vary; Risks. Only a qualified surgeon can determine whether a total knee replacement, the lateral approach, or any Optimotion Implants product is appropriate for a particular patient. All surgical procedures involve risks, which may include infection, blood clots, implant problems, nerve or blood vessel damage, stiffness, pain, and allergic reaction. Patient testimonials reflect individual experiences and are not a guarantee or prediction of results. Recovery timelines, outcomes, and benefits described on the Website are general and may not be typical. 3.4 Product Labeling Controls. Information on the Website is not intended to replace product labeling. Healthcare professionals must refer to the current IFU, package insert, and surgical technique for the indications, contraindications, warnings, precautions, and potential adverse effects of any product. In the event of any conflict, the product labeling governs. Downloadable materials may not reflect the most current revision; contact us to obtain current labeling. 3.5 Find a Doctor Directory. The “Find a Doctor” directory lists independent surgeons who have been trained in the lateral approach using Optimotion Implants products. These surgeons are not employees or agents of Optimotion Implants, and we do not endorse, recommend, or guarantee the services of any surgeon, nor are we responsible for any care provided. You are responsible for independently evaluating any provider. 3.6 Regulatory Statements. Statements on the Website have not been evaluated as claims of superiority over other devices unless expressly stated with supporting data and should not be construed as same. 4. Healthcare Professional and Grant Submissions If you submit a “Become an OI Surgeon” inquiry, you represent that the information you provide, including your NPI number and credentials, is accurate. Submission does not create any agreement, training commitment, or relationship. Grant, fellowship, donation, and other support requests are governed by our grant guidelines and the applicable application materials; submission does not guarantee funding. Support is provided only to eligible organizations, is never an inducement to purchase, prescribe, or recommend our products, and may be reported as required by the Physician Payments Sunshine Act and state law. Our sales personnel and distributors are not authorized to make grant commitments on our behalf. 5. Permitted Use Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for your personal, non-commercial informational purposes or, for healthcare professionals and institutions, for legitimate professional purposes related to our products and programs. You may download or print a single copy of materials made available for download (such as IFUs and technique guides) solely for such purposes, provided you keep intact all copyright, trademark, and other proprietary notices. 6. Prohibited Uses You agree not to: use the Website in violation of any applicable law or regulation; submit false, misleading, or fraudulent information, including false professional credentials or NPI numbers, or impersonate any person or entity; submit protected health information or medical records of any other person without authorization; copy, reproduce, modify, distribute, republish, or create derivative works from Website content except as expressly permitted; use any robot, spider, scraper, or other automated means to access the Website or collect content or data, including for training artificial intelligence or machine learning models; attempt to gain unauthorized access to, interfere with, or disrupt the Website, servers, or networks, or bypass security or form-validation measures; introduce viruses, malware, or other harmful code; use the Website to send spam or unsolicited communications; frame or mirror any part of the Website, or use our trademarks in metatags or hidden text, without our written consent; or use the Website or its content to develop competing products or to reverse engineer our products. 7. Intellectual Property The Website and all content, including text, graphics, logos, images, videos, animations, technical guides, IFUs, software, and the selection and arrangement thereof, are owned by or licensed to Optimotion Implants and are protected by United States and international copyright, trademark, patent, trade secret, and other laws. “Optimotion,” “Optimotion Implants,” “OI,” “OI Blue,” “Optimotion Blue,” “Blue Plus,” and associated logos are trademarks of Optimotion Implants. Our products and instruments may be covered by issued patents or pending patent applications, as identified on our Patents page, which is intended to serve as virtual patent marking under 35 U.S.C. § 287(a). Third-party trademarks and content, including publications linked from the Website, remain the property of their respective owners. Nothing in these Terms grants you any right in our intellectual property other than the limited license in Section 5. Feedback and Submissions. If you send us ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use them for any purpose without obligation to you. Please do not send confidential or proprietary information, including unsolicited invention disclosures. Copyright Complaints (DMCA). If you believe content on the Website infringes your copyright, send a notice complying with 17 U.S.C. § 512(c)(3) to our designated agent: support@optimotionimplants.com. 8. Privacy Our collection and use of personal information through the Website is described in our Privacy Policy. Please do not submit sensitive health information through Website forms. 9. Third-Party Links and Content The Website may contain links to or embedded content from third-party websites and services, including surgeon and practice websites, social media platforms (such as Facebook and LinkedIn), video hosting services (such as Vimeo), mapping services, and third-party publications. These links are provided for convenience only. We do not control and are not responsible for the content, accuracy, privacy practices, or availability of third-party sites, and inclusion of a link does not imply endorsement. Your use of third-party sites is at your own risk and subject to their terms. 10. Disclaimer of Warranties THE WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND COMPLETENESS. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT CONTENT IS CURRENT. THESE TERMS DO NOT MODIFY ANY WARRANTY THAT ACCOMPANIES THE SALE OF OUR PRODUCTS, WHICH IS GOVERNED SOLELY BY THE APPLICABLE PRODUCT LABELING, PURCHASE AGREEMENTS, AND WARRANTY DOCUMENTATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 11. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OPTIMOTION IMPLANTS OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ITS CONTENT, OR YOUR RELIANCE ON ANY INFORMATION ON THE WEBSITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). THIS SECTION APPLIES ONLY TO CLAIMS ARISING FROM USE OF THE WEBSITE AND DOES NOT LIMIT LIABILITY FOR PRODUCT-RELATED CLAIMS, WHICH ARE GOVERNED BY APPLICABLE LAW AND ANY APPLICABLE AGREEMENTS, NOR DOES IT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING FOR GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE. 12. Indemnification You agree to defend, indemnify, and hold harmless Optimotion Implants and its affiliates, members, managers, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to (a) your violation of these Terms; (b) your misuse of the Website or its content; (c) information you submit, including any false credentials or unauthorized submission of third-party information; or (d) your violation of any law or the rights of any third party. We reserve the right to assume the exclusive defense of any matter subject to indemnification, at your expense, and you agree to cooperate with our defense. 13. Governing Law and Venue These Terms and any dispute arising out of or relating to the Website or these Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, and, to the extent applicable, the Federal Arbitration Act. Subject to Section 14, any claim not subject to arbitration shall be brought exclusively in the state courts located in Orange County, Florida, or the United States District Court for the Middle District of Florida, Orlando Division, and you consent to personal jurisdiction and venue in those courts. Nothing in these Terms deprives a consumer of the protection of mandatory consumer laws of the consumer’s state of residence, including California, to the extent such laws cannot be waived by agreement. 14. Dispute Resolution; Binding Arbitration; Class Action Waiver 14.1 Informal Resolution. Before initiating arbitration, you and we agree to attempt to resolve any dispute informally for at least 60 days after written notice is delivered. Notices to us must be sent to Optimotion Implants, 12600 Challenger Parkway, Suite 155, Orlando, Florida 32826 with a copy to support@optimotionimplants.com and must describe the nature of the claim and the relief sought. 14.2 Agreement to Arbitrate. Except as provided in Section 14.5, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website, including the formation, scope, enforceability, or validity of this arbitration agreement, shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (for individual consumers) or Commercial Arbitration Rules (for all others), as then in effect. The arbitration shall be conducted by a single arbitrator, in English, in Orange County, Florida. The arbitrator shall apply Florida law and may award any individual relief available in court. Judgment on the award may be entered in any court of competent jurisdiction. This agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and, to the extent not inconsistent, the Revised Florida Arbitration Code, Chapter 682, Florida Statutes. 14.3 Fees. Payment of filing, administration, and arbitrator fees will be governed by the applicable AAA rules. For consumer claims, we will pay any fees in excess of the consumer filing fee as required by those rules. 14.4 Class Action and Jury Trial Waiver. YOU AND OPTIMOTION IMPLANTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY. If this class action waiver is found unenforceable as to any claim, that claim shall be severed and heard in court, and not in arbitration. To the extent a claim for public injunctive relief under California law may not be waived, such claim shall be stayed pending the arbitration of individual claims and decided by a court. 14.5 Exceptions. Either party may (a) bring an individual action in small claims court, and (b) seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to prevent unauthorized access to or misuse of the Website. 14.6 Mass Arbitration. If 25 or more similar demands are filed by or with the assistance of the same counsel or coordinated parties, the demands shall be administered in batches under the AAA Mass Arbitration Supplementary Rules, and the parties agree to cooperate to resolve them efficiently. 14.7 Opt-Out. You may opt out of this arbitration agreement by sending written notice to Optimotion Implants, 12600 Challenger Parkway, Suite 155, Orlando, Florida 32826 with a copy to support@optimotionimplants.com within 30 days after you first accept these Terms, stating your name, address, and intent to opt out. Opting out will not affect any other provision of these Terms. 14.8 Time Limit. To the extent permitted by law, any claim arising out of or relating to the Website must be commenced within one (1) year after the claim arises; otherwise it is permanently barred. 14.9 Changes. If we change this Section 14 after you have accepted it, you may reject the change by notifying us within 30 days, in which case the prior version of Section 14 will continue to apply to disputes between us. 15. Termination and Suspension of Access We may suspend, restrict, or terminate your access to all or part of the Website at any time, with or without notice, for any reason, including if we believe you have violated these Terms. We may also modify, suspend, or discontinue the Website or any content or feature. Sections 3, 7, and 10 through 18, and any other provisions that by their nature should survive, will survive termination. 16. Changes to These Terms We may revise these Terms from time to time by posting the updated Terms on the Website and revising the “Last Updated” date. Material changes will be highlighted by a prominent notice on the Website for a reasonable period before they take effect. Changes apply prospectively and will not apply to disputes arising before the effective date of the change. Your continued use of the Website after the effective date constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Website. 17. Accessibility We are committed to making the Website accessible to individuals with disabilities and strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you have difficulty accessing any content, please contact us at support@optimotionimplants.com. 18. General Provisions Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and us regarding the Website and supersede prior understandings concerning its use. They do not supersede any separate written agreement you have with us (such as a purchase, consulting, distribution, or grant agreement), which governs in the event of conflict. Severability. If any provision is held invalid, the remaining provisions remain in effect. No Waiver. Our failure to enforce any right is not a waiver. Assignment. You may not assign these Terms; we may assign them without restriction. Export. You agree to comply with all U.S. export control laws. Electronic Communications. You consent to receive communications from us electronically. Headings are for convenience only. 19. Contact Information Optimotion Implants 12600 Challenger Parkway Suite 155 Orlando, Florida 32826 Phone: (407) 502-7226 Email: support@optimotionimplants.com California users: Under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.