DISH WOUND PROGRAM SUPPLEMENTAL TERMS

Effective Date: 04–22-2026

These Terms (“Terms”) apply to any customer (“Customer” or “you”) subscribing to the ClinicalPRO Wound Assessment Module as part of the DISH Wound Digital Program through Datamonkey, Inc. d/b/a PatientIQ (“PatientIQ”). The ClinicalPRO Wound Assessment Module is a collaborative initiative between PatientIQ and Cilag GmbH International d/b/a Johnson & Johnson MedTech (“J&J”). When a Sales Order references these Terms, they are incorporated by reference into and form part of that Sales Order, creating binding obligations between you and PatientIQ. These Terms describe the data use, sharing, and processing activities necessary for the provision of services under the Sales Order, which may expand upon or modify the data handling practices authorized pursuant to the Underlying Agreements between the parties.

1. DEFINITIONS AND SCOPE

1.1 Definitions:

• “ClinicalPRO Module” means the ClinicalPRO Wound Assessment Module provided by PatientIQ, which operationalizes the DISH Classification System for structured capture and longitudinal tracking of post-surgical wound healing outcomes.
• “De-identified DISH Data” means DISH Data that has been de-identified by PatientIQ such that it does not constitute Protected Health Information (PHI) under applicable law.
• “DISH Data” means all data, records, inputs, and content collected, captured, or derived in connection with the DISH Classification System and DISH pathways through the ClinicalPRO Module.
• “Customer Data” includes all data provided to or collected by PatientIQ from Customer in connection with the ClinicalPRO Module, including protected health information (PHI).
• “DISH Classification System” means the standardized wound assessment framework developed by J&J that evaluates post-surgical wound healing across four dimensions: Dehiscence, Infection/Inflammation, Seroma, and Hematoma.
• “J&J” means Cilag GmbH International d/b/a Johnson & Johnson MedTech, and its Affiliates, as the context requires.
• “Authorized Users” means those persons authorized by Customer to access and use the ClinicalPRO Module in accordance with the Sales Order and Underlying Agreements.
• “Underlying Agreements” means the Master Services Agreement and any Business Associate Agreement between Customer and PatientIQ, as referenced in the Sales Order.
• “Sales Order” means the DISH Wound Program Order Form executed between Customer and PatientIQ that references these Terms.

1.2 Scope: These Terms apply exclusively to your subscription(s) to the ClinicalPRO Module and related services under the Sales Order. For all other PatientIQ services, existing agreements remain in full force and effect. Capitalized terms not defined herein shall have the meanings set forth in the Underlying Agreements.

2. DATA USE, SHARING, AND PROCESSING

2.1 License to DISH Data: Customer hereby grants to PatientIQ a limited, non-transferable right to use all DISH Data solely to the extent necessary to perform services under the Sales Order, including de-identification and providing De-identified DISH Data to J&J.

2.2 Authorization to Share with J&J: Customer acknowledges and authorizes PatientIQ to sublicense and share De-identified DISH Data (as de-identified by PatientIQ) with J&J pursuant to PatientIQ’s agreement with J&J. Customer understands that, under such agreement, J&J and its Affiliates and sublicensees may use De-identified DISH Data on a non-exclusive, worldwide, perpetual, royalty-free, transferable and sublicensable basis for any lawful purpose, including research, regulatory submissions, product development, commercialization, marketing, quality improvement, benchmarking, and training of machine learning or AI systems.

2.3 De-Identification: Customer acknowledges that PatientIQ will perform reasonable de-identification of Customer’s DISH Data in accordance with 45 C.F.R. § 164.514(b). Customer expressly authorizes PatientIQ to de-identify Customer’s DISH Data and to share De-identified DISH Data with J&J. For the avoidance of doubt, De-identified DISH Data shall not be considered Customer Data or Protected Health Information.

2.4 Patient Consent and Authorizations. Customer shall be solely responsible for ensuring that, to the extent required by applicable law, patient authorization or other lawful basis exists for PatientIQ’s de-identification and use of DISH Data as set forth herein. Customer represents, warrants, and covenants to PatientIQ and J&J that Customer has and will have the necessary rights, authorizations, approvals, and other consents in and relating to DISH Data so that, as provided by Customer, such data does not and will not infringe, misappropriate or otherwise violate any third party rights or violate any applicable law.

2.5 No Re-Identification: Customer acknowledges and consents to the license to J&J for De-identified DISH Data and agrees that no party receiving De-identified DISH Data shall attempt to re-identify or re-link such data to identifiable patient records except as expressly allowed under a separate written agreement with appropriate patient consent and institutional approvals.

2.6 HIPAA Compliance: Aside from the provisions in these Terms that directly conflict, clarify, or otherwise address the use and sharing of DISH Data, the applicable Business Associate Agreement between Customer and PatientIQ will continue to be in full force and effect. The parties will be bound by and comply with all applicable laws governing the confidentiality of patient records and other personal data. PatientIQ will not publicly identify Customer as the source of any De-identified DISH Data unless Customer otherwise provides consent in writing.

2.7 Customer Data Ownership and Responsibility: Customer owns the Customer Data. Customer is solely responsible for providing complete and accurate Customer Data in connection with the services under the Sales Order. PatientIQ will take appropriate steps to maintain the integrity of Customer Data and prevent its unauthorized alteration or destruction. To the extent the terms of the Underlying Agreements or the Sales Order conflict with this Section 2, the terms of this Section 2 shall control.

3. PROGRAM TERMS

3.1 PatientIQ Subscription: Your subscription to the ClinicalPRO Module and related services in the Sales Order is with PatientIQ, who is making available the ClinicalPRO Module through a partnership with J&J as part of the DISH Wound Digital Program. Related services include:

• Platform integration and technical connectivity;
• Implementation support and training;
• Facilitating data sharing as authorized; and
• Customer support for integration-related issues.

3.2 J&J’s Role: The DISH Classification System is developed by J&J. PatientIQ provides the ClinicalPRO Module, integration services, and subscription access. J&J is a third-party beneficiary of Customer’s data sharing obligations under Section 2 of these Terms, but Customer’s contractual relationship for the ClinicalPRO Module subscription is solely with PatientIQ.

3.3 Customer Responsibilities: Customer shall ensure that, in accessing and using the ClinicalPRO Module, Authorized Users comply with these Terms and applicable law. Customer remains responsible for all medical decisions made by Customer and Authorized Users. Customer, and not J&J or PatientIQ, shall be responsible for the content and assignment of clinical protocols and all medical advice provided to patients.

3.4 Responsible Parties: Customer acknowledges that the Underlying Agreements, the Sales Order, and these Terms are the entire understanding and agreement with respect to each party’s rights and obligations between Customer and PatientIQ regarding the ClinicalPRO Module. PatientIQ is responsible for the ClinicalPRO Module and its integration services. J&J has no direct contractual obligation to Customer under these Terms, provided that nothing herein limits any separate agreement between Customer and J&J.

3.5 Warranty and Limitation: Customer acknowledges and agrees that Customer’s sole recourse regarding the ClinicalPRO Module (and Customer’s and Authorized Users’ use of the ClinicalPRO Module) is against PatientIQ pursuant to the Underlying Agreements. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE STATE, FEDERAL, AND INTERNATIONAL LAWS WITH REGARD TO ANY SERVICE PROVIDED UNDER THESE TERMS OR CUSTOMER’S USE OF THE CLINICALPRO MODULE.

3.6 Termination: These Terms and the provision of the ClinicalPRO Module will automatically terminate on written notice to Customer upon the expiration or termination of the agreement between PatientIQ and J&J, or upon the earlier termination of the Sales Order.

4. SUPPLEMENT APPLICATION & INTERPRETATION

4.1 Underlying Agreement Amendment: If required by applicable law, Customer agrees to negotiate expeditiously and in good faith to execute any necessary amendments, addendums, or exhibits to any Underlying Agreements with PatientIQ within thirty (30) days of the Sales Order effective date to reflect the data use, sharing, and processing activities described in these Terms. The parties agree that any amendment, addendum, or exhibit required will reflect the necessary terms and authorizations, accordingly. If so permitted and authorized in writing during this amendment process, Customer and PatientIQ agree that the provisions and authorizations in these Terms will be in effect.

5. SURVIVAL AND ENFORCEABILITY

5.1 Survival: Sections 2.2 (Authorization to Share with J&J), 2.3 (De-Identification), 2.4 (Patient Consent and Authorizations), 2.5 (No Re-Identification), 2.6 (HIPAA Compliance), and this Section 5 survive termination of the Sales Order and continue for any claims arising during Customer’s participation in the DISH Wound Digital Program. For the avoidance of doubt, PatientIQ’s right to sublicense De-identified DISH Data to J&J under Section 2.2 is perpetual and survives termination.

5.2 Severability: If any provision of these Terms is deemed unenforceable, the remainder shall remain in full force and effect.

5.3 Governing Law: These Terms are governed by the same law as the Underlying Agreements between Customer and PatientIQ.