MY INVISALIGN MOBILE APPLICATION TERMS OF USE

Last modified: 22 APRIL 2020

INVISALIGN AUSTRALIA PTY LIMITED ACN 098 357 736 (“ALIGN”, “we”, “us” “our”) IS PLEASED TO
LICENSE THE MY INVISALIGN MOBILE APPLICATION SOFTWARE TO YOU (“YOU”) ONLY UPON THE
CONDITION THAT YOU ACCEPT EACH AND EVERY TERM SET FORTH IN THESE TERMS OF USE (“TERMS”).

In these Terms, the "Application" means MY INVISALIGN MOBILE APPLICATION SOFTWARE and all updates to that software that Align may make available to you from time to time.

For some features of the Application, access to and use of the Application may require a valid Invisalign Patient ID as allocated to patients prescribed for an Invisalign treatment by a dentist or an orthodontic practitioner or a user name created while registering with the Application (“Invisalign ID”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APPLICATION, AS USING THE APPLICATION INDICATES THAT YOU ACCEPT AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE A LICENCE TO ACCESS OR USE THE APPLICATION AND YOU SHOULD NOT DOWNLOAD, INSTALL OR USE THE APPLICATION.

1. ACKNOWLEDGEMENT

You and Align acknowledge that these Terms are concluded between you and Align only, and not with Apple, Inc. or any of its subsidiaries or affiliates (“Apple”), and Align, not Apple, is solely responsible for the Application and the content thereof. Align acknowledges that Align has had the opportunity to review the App Store Terms of Service.

2. CHANGES TO THESE TERMS

Align may make changes to these Terms at any time, in its sole discretion and for any reason, as reflected by the “Last modified” date above. We will post the amended Terms within the Application or in the app store from which the Application may be downloaded. It is your responsibility to refer to these Terms periodically to familiarise yourself with any changes. By continuing to use the Application after Align publishes any modifications to these Terms, you are manifesting your acknowledgement of and agreement to those changes. If you do not agree to the changes, you may terminate this agreement by written notice having immediate effect or by deleting or removing the Application from all iOS Products owned or controlled by you, and you will no longer be able to use the Application.

3. LICENCE

The Application includes information on Align products and, for patients undergoing Invisalign treatment, the Application may be used to create a schedule to track when to change an aligner to the next aligner in a patient’s Invisalign treatment plan and to track their progress (the “Licensed Purpose”). In consideration of the mutual promises and covenants herein and subject to you complying with these Terms, Align grants you a non-exclusive, royalty-free, non-transferable, non-sublicensable, limited, and revocable licence to use the Application solely for the Licensed Purpose on any Apple-branded product that runs the iOS operating system software ("iOS Products") that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.

4. DEVICE PERMISSIONS

You will be assumed to have obtained permission from the owners of iOS Products that are controlled but not owned by you to download or stream a copy of the Application onto such iOS Product(s). You and they may be charged by your and their service providers for internet access on those iOS Products.

5. YOUR CONTENT

6. INTELLECTUAL PROPERTY RIGHTS

7. RESTRICTIONS

8. NO MAINTENANCE OR SUPPORT

Unless required by applicable law, Align is not required to provide any updates, maintenance or support services with respect to the Application. However, from time to time, Align may make available a new version, updates, patches, upgrades, modifications, extensions, functional improvements, error corrections, enhancements, revisions, or changes to the Application (collectively “Updates”). You acknowledge that Updates may be installed onto your iOS Product automatically in the background at any time (depending on your mobile device or the app store settings as chosen by you – please check your settings and determine if you would like automatic updates). You also acknowledge that Updates will require a data exchange via the internet and the provision of Updates may result in you or the device owner incurring additional data charges from the provider of the broadband or data access solution you use when connecting to the internet. Updates may add, remove or change features. You understand that Updates are necessary to maintain compatibility with Align services and may be required for security reasons or as a result of the rights agreements Align has with third parties. By agreeing to these Terms, you consent to receive such Updates to the extent that they are downloaded and installed automatically and agree that if any automatic update does not take place that you will check for updates from the App store and manually download it. You acknowledge that if you decline an Update, you may not be able to continue to access or use the Application. You and Align acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. Align is solely responsible for providing any maintenance and support services with respect to the Application required under applicable law.

9. PRODUCT CLAIMS

You and Align acknowledge that Align, not Apple, is responsible for addressing any claims of yours or of any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Questions, complaints or claims with respect to the Application should be directed to Align Technology, Inc., Invisalign Customer Advocacy, 2560 Orchard Parkway, San Jose, CA 95131; (888) 822- 5446; customersupport@aligntech.com.

10. TERMINATION

You or Align may terminate these Terms effective immediately upon written notice (on or reasonable notice if applicable law requires). Upon termination, all rights granted by Align to you in these Terms will immediately cease and you must immediately discontinue all use of the Application, and delete or remove the Application from all iOS Products owned or controlled by you, and immediately destroy any and all copies of the Application within your possession or control, and certify to Align that you have done so.

11. DISCLAIMER

12. LIMITATION OF LIABILITY

13. COMPLIANCE AND EXPORT PROHIBITION

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties. You must not, directly or indirectly, export or re-export, or authorise the export or re-export of either the Application or any copy or direct product thereof, in violation of any applicable United States export laws, restrictions or regulations, including without limitation those of the U.S. Department of Commerce and the U.S. Department of Treasury. Without limiting the foregoing, you must not export the Application to Cuba, Iran, Iraq, Libya, North Korea, Rwanda or to any Group D:1 or E:2 country (or any national of such country) specified in the then-current Supplement No. 1 to Part 740 or in the Commerce Control List in the thencurrent Supplement No. 1 to Part 738, or in violation of the embargo provisions in Part 746 of the U.S. Export Administration Regulations (or any successor regulations or supplement).

14. DATA COLLECTION

You agree that Align may collect anonymous statistics, such as the sequence of features used, to analyse use patterns and/or user trends to support its efforts to improve the Application. By using the Application, you agree to such data collection and further agree to allow log files of the statistics, of a relatively small and reasonable size, to be stored on your computer as a sequence of numbers, for a reasonable length of time.

15. DATA PRIVACY AND SECURITY

The Application collects certain personal information about you. Our collection, use and sharing of that information is set out in our Privacy Statement, which is incorporated into these Terms and available at https://www.invisalign.com.au/privacy-policy.

16. VIRTUAL CARE FUNCTIONS

Your Invisalign Provider may choose to enroll you in the “Virtual Care” functions of the MyInvisalign App. After you approve this enrolment, the MyInvisalign app may send additional treatment information and personal information to your Invisalign Providerto allow them to better serve you as part of your Invisalign treatment experience. This additional treatment information and personal information may include: your first and last name, your email address, telephone number, date of birth, Invisalign Patient ID Number (PID), your current aligner stage, photographs and/or videos that you have taken, appointment and/or scheduling information, aligner-wear data, and the progress of your treatment.

To unenroll in the Virtual Care functions of the App, please contact your Invisalign Provider or send an email to privacy@aligntech.com.

17. THIRD PARTIES

You must comply with applicable third party terms of agreement when using Application. You and Align acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary. From time to time, Align may provide links to Internet sites maintained and owned by Third Parties. Align does not operate nor control, in any respect, information, products or services on these third party sites. Certain links provided through this Application may lead to information or resources maintained by third parties over whom Align has no control. Consequently, Align makes no express or implied warranties as to the accuracy or any other aspect of such information or resources. Align retains the right to modify this disclaimer, as well as the operational practices and functionality of the Application at any time and at its sole discretion. The Parties expressly agree that other than Apple and the parties owning copyright in the MIT Software Code and copyright in the OpenCV2 Software Code, no other third party will have the right to enforce any of the provisions of this Agreement against either party.

18. SEVERABILITY

If any provision of these Terms is declared by any competent court or body to be illegal, invalid or unenforceable under the law of any jurisdiction, the remaining conditions will remain in full force and effect.

19. GOVERNING LAW AND JURISDICTION

There Terms are governed by the law of New South Wales and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.

Align, Invisalign and the Invisalign logo, among others, are trademarks and/or service marks of Align Technology, Inc. or one of its subsidiaries or affiliated companies and may be registered in the U.S. and/or other countries.

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IMPORTANT INFORMATIONMORE +
Invisalign® treatment is a series of clear plastic removable orthodontic aligners that gently move patients’ teeth.
Your orthodontist or Invisalign trained dentist will be able to advise whether Invisalign treatment is right for you. You should always read and follow their directions for use. In rare cases, allergies may occur. Results may vary.