Zimmer Biomet Platform Access terms

ZIMMER BIOMET PLATFORM ACCESS TERMS

Effective Date: 03–16-2026

These Terms (“Terms”) apply to any customer (“Customer” or “you”) subscribing to the mymobility patient engagement platform and ZBEdge Analytics platform, including optional Persona IQ Dashboard capabilities, through Datamonkey, Inc. d/b/a PatientIQ (“PatientIQ”). 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 are intended to fully align PatientIQ’s obligations and ability to provide your subscription to the Zimmer Biomet Platform, as addressed below.

 

1. DEFINITIONS AND SCOPE

1.1 Definitions:

  1. “Platform” means, collectively, the mymobility patient engagement platform and ZBEdge Analytics platform, including optional Persona IQ Dashboard capabilities, provided by Zimmer Biomet that enable physicians to enroll patients in care pathways and access analytics.

  2. "Zimmer Biomet" means Zimmer US, Inc, an affiliate of Zimmer Biomet Holdings, Inc.

  3. “Customer Data” includes all data provided to or collected by PatientIQ from Customer in connection with the Platform, including protected health information (PHI).

  4. “Customer Users” means those persons, other than patients, authorized by Customer to access and use the Platform

  5. "Patient Users" means patients who are authorized by Customer to access and use the Platform.

  6. "Zimmer Biomet EULA" means Zimmer Biomet's End User License Agreement governing Platform access and use for Patient Users.

  7. "Privacy Notice" means Zimmer Biomet's Privacy Notice governing data practices.

  8. “Third Party Contributors” means licensors or service providers providing any portion of the Platform, services, products, or content available thereon, which Zimmer Biomet provides to Customer, or which such third party provides, pursuant to an Attachment or PO, directly to Customer.

  9. “Underlying Agreements” has the meaning given to that term in the Sales Order.

1.2 Scope: These Terms apply exclusively to your subscription(s) to the Platform and related services under the Sales Order. For all other PatientIQ services, existing agreements remain in full force and effect.

 

2. PLATFORM POWERED BY DATA

2.1 Intelligent Data Use: For you to fully maximize the benefits and capabilities of your subscription to the Platform, PatientIQ needs to share specific patient data with Zimmer Biomet through the Platform, such as clinical assessments, patient-reported outcomes, care pathway assignments, and progress metrics to enable personalized care pathways and clinical analytics. This data sharing enables the Platform to provide comparative analytics, benchmarking insights, and population health trends that require aggregated patient data across PatientIQ’s customer base. The Platform’s advanced capabilities, including integration with surgical technologies and smart implant data, require coordinated data flows to deliver actionable clinical insights and decision support tools.

2.3 Data Sharing Authorization: Limited to and exclusive to the scope of this Sales Order and subscriptions to the Platform, Customer is authorizing PatientIQ to share Customer Data, protected health information (PHI), and de-identified patient data, as necessary, with Zimmer Biomet through the Platform to enable the Platform's personalized care pathways, clinical analytics, benchmarking insights, and integration with surgical technologies and smart implant data; provided that Customer Data and PHI may be used for research and development purposes only in de-identified form in accordance with applicable law. This authorization is essential for the Platform to deliver the comparative analytics, population health trends, and actionable clinical insights that are core features of Customer's subscription.

2.4 HIPAA Compliance: Aside from the provisions in these Terms that directly conflict, clarify, or otherwise address PHI, the applicable Business Associate Agreement between us will continue to be in full force and effect.

2.5 Customer Data.

a. Customer represents, warrants, and covenants to PatientIQ and Zimmer Biomet that Customer has and will have the necessary rights, authorizations, approvals, and other consents in and relating to Customer 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.

b. Customer owns the Customer Data. Customer is solely responsible for providing complete and accurate Customer Data to Zimmer Biomet in connection with Zimmer Biomet’s provision of the Platform, services, and products. Customer will take appropriate steps to maintain the integrity of the Customer Data and prevent its unauthorized alteration or destruction. Zimmer Biomet has no obligation to review or evaluate the completeness, accuracy or integrity of any Customer Data, and Zimmer Biomet is not liable or responsible for the accuracy, content or completeness of any Customer Data or any use of Customer Data by or on behalf of Customer, or analyses or outcomes based upon Customer Data.

c. Customer hereby grants to Zimmer Biomet and its Third Party Contributors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use Customer Data to create de-identified data in accordance with 45 C.F.R. § 164.514(b) (“De-Identified Data”). For the avoidance of doubt, De-Identified Data shall not be considered Customer Data. Customer further authorizes Zimmer Biomet to create other data or datasets from Customer Data to the extent such Customer Data does not include PHI (“Other Analytics Data”). Zimmer Biomet owns the De-identified Data and Other Analytics Data. Zimmer Biomet and its successors and assigns and Third Party Contributors may use and disclose, and permit others to use and disclose, the De-Identified Data and Other Analytics Data, for any lawful purpose, including, without limitation, for the purposes of AI/machine learning, data science, operations, research and development, and providing services and aggregated data to other customers of Zimmer Biomet. Zimmer Biomet shall not attempt to re-identify any De-Identified Data or use De-Identified Data or Other Analytics Data in any manner that would identify any individual patient without Customer’s prior written consent. Zimmer Biomet will not publicly identify Customer as the source of the De-Identified Data or aggregated data unless Customer otherwise provides consent in writing. The Parties will be bound by and comply with all applicable laws governing the confidentiality of patient records, employee records and other personal data. To the extent the terms of the Underlying Agreements or the Sales Order conflict with this Section, the terms of this Section shall control.

d. Customer acknowledges that Zimmer Biomet and its Third Party Contributors may seek the consent and/or authorization (as required by applicable law) from the patient for continued collection and processing of personal data, including personal data collected and processed from the Platform, services, and products during the Subscription Term. Such personal data shall not be considered Customer Data and, notwithstanding any other provision of the Underlying Agreements, shall be used by Zimmer Biomet and its Third Party Contributors per such applicable consent and/or authorization. Zimmer Biomet and its Third Party Contributors may transfer said personal data to patient or patient’s health care providers at the direction of patient.

 

3. PLATFORM TERMS

3.1 PatientIQ Subscription: Your subscription to the Platform and related services in the Sales Order is with PatientIQ, who is making available the Platform through an integration with Zimmer Biomet. Related services include:

  1. Platform integration and technical connectivity;

  2. Implementation support and training;

  3. Facilitating data sharing as authorized; and

  4. Customer support for integration-related issues.

3.2 Zimmer Biomet’s Platform: The Platform is developed and operated by Zimmer Biomet. PatientIQ provides integration services and subscription access. Patient Users must accept Zimmer Biomet EULA before accessing the Platform. The Zimmer Biomet EULA applies to the Patient User and Zimmer Biomet only, and does not apply to PatientIQ in any way. The Zimmer Biomet EULA controls as between the Patient User and Zimmer Biomet with respect to the Patient User’s use of the Platform. Certain portions of the Platform provided by Third Party Contributors may require acceptance of different or additional terms for access to their contributions.

      a. Zimmer Biomet EULA:

https://support.zbmymobilitysolutions.com/patients/patienteula/

      b. Zimmer Biomet Privacy Notice

https://www.zimmerbiomet.com/en/corporate/privacy-notice.html

3.3 Customer Users: Customer will ensure that, in accessing and using the Platform, Customer Users comply with these Terms and applicable law and will be responsible and liable for any activities conducted by a Customer User as if such acts or omissions were those of Customer.

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 other’s rights and obligations between Customer and PatientIQ. PatientIQ is not responsible for, and makes no representation regarding, the functionality, performance, or use of the Platform. Customer remains responsible for all medical decisions made by Customer and Customer Users. Customer acknowledges that Zimmer Biomet shall not be liable under any circumstances for any act or omission of Customer or any Customer User relating to the medical care provided by, or the exercise of professional medical judgment of, Customer or any Customer User. Customer, and not Zimmer Biomet, shall be responsible for the content and assignment of the protocols. Customer shall be solely responsible for all medical advice provided to Patient Users.

3.5 Suspension or Discontinuation of Platform.  

  • Without prejudice to any other rights available to Zimmer Biomet, and to the extent permitted by applicable law, Zimmer Biomet or any applicable Third Party Contributor will have the right, in its sole and absolute discretion, to suspend access to or use of the Platform by Customer or any Customer User or Patient User, where Customer or any Customer User has breached these Terms and/or where any Patient User has breached the Zimmer Biomet EULA. Where reasonably possible, Zimmer Biomet will deliver notice to Customer following the suspension of any Customer User’s or Patient User’s access to or use of the Platform. Customer will prevent any Customer User whose rights have been so suspended from accessing or using the Platform.

  • Except as otherwise required by applicable law, the decision to discontinue the Platform (or any material portion(s) of the Platform) will be in Zimmer Biomet’s discretion upon not less than ninety (90) days’ prior written notice to PatientIQ. Such discontinuation (or any discontinuation required by applicable law) will not constitute a breach by either PatientIQ or Zimmer Biomet. Upon discontinuation, Customer’s sole remedy will be to terminate the applicable Sales Order for the Platform.

  • These Terms and the provision of the Platform by Zimmer Biomet will automatically terminate on written notice to Customer upon the expiration or termination of the agreement between PatientIQ and Zimmer Biomet.

3.6 Warranty and Limitations.

  1. Customer acknowledges and agrees that Customer’s sole recourse regarding the Platform (and Customer’s and Customer Users’ use of the Platform) is against PatientIQ pursuant to the Underlying Agreements, and that Customer will have no direct recourse against Zimmer Biomet arising from or relating to this Agreement, provided that nothing herein will limit any right or claim of Customer pursuant to the Zimmer Biomet EULA.

 

  1. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE STATE, FEDERAL, AND INTERNATIONAL LAWS AND ANY APPLICABLE THIRD-PARTY PAYOR REIMBURSEMENT REQUIREMENTS WITH REGARD TO ANY SERVICE PROVIDED UNDER THESE TERMS OR CUSTOMER’S, OR ANY PATIENT USER’S USE OF THE PLATFORM. IN NO EVENT SHALL ZIMMER BIOMET OR ANY THIRD PARTY CONTRIBUTOR BE LIABLE FOR CUSTOMER’S NON-COMPLIANCE WITH ANY LAW, RULE OR REGULATION OR ANY THIRD PARTY PAYOR REIMBURSEMENT REQUIREMENT RESULTING FROM CUSTOMER’S OR ANY PATIENT USERS’ USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION: (A) MEDICAL DOCUMENTATION REQUIREMENTS; (B) REQUIREMENTS RELATED TO THE USE OF AUDIO OR VIDEO COMMUNICATION TECHNOLOGY FOR HEALTH CARE SERVICES; (C) ORIGINATING AND DISTANT SITE REQUIREMENTS; OR (D) STATE OR NATIONAL LAW LICENSURE OR LOCATION REQUIREMENTS.

 

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. 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: These Terms survive termination of the Sales Order and continue for any claims arising during use of the Platform.

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.