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​STAAR SURGICAL TERMS OF USE

These Terms of Use (“Terms”) are a binding agreement between you and STAAR Surgical Company, its subsidiaries and affiliates (collectively, “STAAR,” “we,” “us,” and “our”), and govern your access and use of the STAAR websites, STAAR mobile applications, EVO Advisor, product ordering portal, Practice/Revenue Analyzer tools, and other STAAR digital platforms and services (“Sites”), including any information, data, tools, graphics, clips, trademarks, products, services and other content (“Content”) available on or through the Sites.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE VISITING OR USING ANY OF OUR SITES. EACH TIME YOU VISIT A SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE IN THEIR THEN-CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THESE TERMS OF USE, PLEASE EXIT THE SITE AND DO NOT REQUEST ANY SERVICE.

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION.

1. Modifications. These Terms may be modified at any time by STAAR by posting the modified Terms to the Site. Any such modifications shall be effective immediately upon posting unless another effective date is expressly stated. You can view the most recent version of these Terms at any time here​. Your continued use of the Sites after any modification constitutes acceptance of the revised Terms.

2. Privacy. Your use of the Sites is also governed by our Privacy Policy, which is hereby incorporated into these Terms. Please review our Privacy Policy here​. You authorize us, to collect, use, and disclose personal information consistent with our Privacy Policy.

3. No Medical Advice. THE SITES AND THE CONTENT THEREON ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED AS A SUBSTITUTE FOR, NOR SHOULD THEY BE CONSTRUED AS, PROFESSIONAL MEDICAL ADVICE. STAAR CANNOT ANSWER UNSOLICITED INQUIRIES REQUESTING MEDICAL ADVICE. VISITORS SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL PRIOR TO MAKING ANY TREATMENT DECISIONS, OR DETERMINING TO TAKE OR NOT TAKE ANY ACTIONS RELATED TO A HEALTH CONDITION OR PROCEDURE.

4. Age Eligibility. You must be at least 18 years of age or the age of majority in your jurisdiction of residence to use the Sites. By using the Sites, you represent and warrant that you meet this requirement.

5. Permitted and Prohibited Uses. You may use the Sites only for lawful purposes and in accordance with these Terms. You agree not to use the Sites to transmit any unlawful, harmful, or objectionable material, to interfere with its operation, or to attempt to gain unauthorized access to any systems or networks connected to the Sites. You agree not to copy or reverse engineer Content from the Sites.

6. User-Generated Content. By submitting user-generated content to the Site, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, distribute, and display such content in connection with the operation of the Site. We reserve the right to remove any content at our sole discretion.

7. Intellectual Property. All Content on the Sites, including without limitation, graphics, logos, trademarks, images, and software is, and shall continue to be, the property of STAAR or its suppliers or licensors and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such Content or any part of the Sites is prohibited, except as expressly permitted. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of the Sites.

8. Website Use. STAAR grants you a limited, revocable, nonexclusive license to use the Sites solely for your own personal, non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. Your use of the Sites is at the discretion of STAAR who may terminate your access and use at any time. All rights not expressly granted herein are reserved by STAAR.

9. User Accounts and Registration. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate and complete information during registration and to update such information as necessary.

10. Links to Other Websites. The Sites may include links to other sites. These links are provided solely for purposes of convenience. STAAR does not investigate, verify or monitor those third-party sites. STAAR is not responsible for the content or accuracy of information contained on other sites or other sites’ privacy practices. STAAR is not liable for any damages or injury arising from content contained on other sites. You access those sites at your own risk and subject to their terms. Links to third-party sites are not a referral or endorsement of any other entity, item, or service. You release STAAR and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied information, products and services.

11. Forward-Looking Statements. The Sites may contain information that is forward-looking and involves risks and uncertainties, including, without limitation, risks and uncertainties of research and development, clinical development, regulatory approvals and the regulatory process, our reliance on third-party manufacturers, product commercialization, competition, intellectual property (including patents), product liability, and third party reimbursement, and other risks and uncertainties detailed from time to time in our periodic reports filed with the Securities and Exchange Commission. Actual results may differ materially from such forward-looking information.

12. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Sites. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

13. Disclaimers of Warranties. THE SITES AND THE CONTENT THEREON ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE SITES IS AT YOUR OWN, SOLE RISK. STAAR MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE SITES WILL BE AVAILABLE ON A TIMELY BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE SITES WILL BE TIMELY OR ERROR FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE SITES OR CONTENT. STAAR DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU.

14. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL STAAR BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITES, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES AND/OR CONTENT IS TO CEASE ALL USE. IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN STAAR’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO STAAR DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR $1,000.

15. Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold STAAR, and our partners, employees, and agents, harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of these Terms or use of the Sites. STAAR reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of STAAR may be made without STAAR’s prior written approval.

16. California Civil Code § 1542 Waiver. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

17. Governing Law. You agree that the laws of the State of California, without regard to conflicts of laws provisions, will govern these Terms and any dispute that may arise between you and STAAR or its affiliates.

18. Dispute Resolution. ALL CLAIMS, CONTROVERSIES, AND/OR DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SUBJECT MATTER OF THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND STAAR UNDER THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY (COLLECTIVELY, “DISPUTES”), SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT STAAR AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AND STAAR FURTHER AGREE THAT ALL SUCH ARBITRATIONS WILL TAKE PLACE ONLY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR STAAR MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING OR TO COMBINE THE CLAIMS OF MORE THAN ONE INDIVIDUAL. The arbitration will take place in Orange County, California, in the county where you reside, or such other mutually agreeable location. The arbitration shall be held in accordance with the JAMS Comprehensive Arbitration Rules & Procedures (“Arbitration Rules”), and the Federal Arbitration Act will apply to determine the scope of arbitration. The arbitrator, who shall be selected according to the Arbitration Rules, will have no power to award any relief or damages inconsistent with these Terms. The costs and fees associated with the arbitration shall be borne equally by you and STAAR, and each party to the arbitration shall be responsible for its own attorneys’ fees. The arbitrator shall have no authority to award any fee-shifting for incurred attorneys’ fees. Judgment on any arbitration award may be entered in any court having jurisdiction. All aspects of the arbitration will be treated as confidential. You acknowledge and agree that any demand for arbitration must be issued within one (1) year from the date that you became aware or should reasonably have become aware of the facts that give rise to STAAR’s alleged liability and in any event no later than two (2) years after the cause of action accrued.

19. Waiver. No waiver by STAAR of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of STAAR to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Severability. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

21. Force Majeure. We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or internet service disruptions.

22. Relationship of the Parties. Each party is, and shall remain, an independent contractor and nothing contained in these Terms shall be construed to make either party a partner, joint venturer, employee or agent of the other party, and neither party shall hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party.

23. Assignment; Third Parties. STAAR may assign its ownership, control, or other rights to any party at any time without any notice to you. Your rights and duties cannot be assigned without STAAR’s written consent. Nothing in these Terms provides any third party with any remedy, claim, or cause of action.

24. Additional Terms and Conditions for Practice/Revenue Analyzer Tools. STAAR may offer access to digital tools, such as the Practice Analyzer and Revenue Analyzer (collectively, the “Analyzers”), to provide educational information and rough estimates to healthcare providers in evaluating business performance and related metrics. The Analyzers are provided as part of STAAR’s Sites and are governed by these Terms of Use, with the following additional provisions:

(a) Purpose and Use. The Analyzers are intended for use by healthcare professionals and practice representatives in collaboration with STAAR sales personnel. They generate informed estimates based on data input by the users and national averages, and are thus designed to support practice education but are not intended for patient care or business decision-making.

(b) Data Input and Ownership. Users may be asked to input limited business-related information, such as the name of the practice, procedure volume, procedure costs, and total cost to patient. STAAR does not allow the input of protected health information (PHI) or personally identifiable information (PII) of individual patients or other individuals into the Analyzers. By inputting data into the Analyzers, you grant STAAR a limited, non-exclusive right to process and store the data for purposes related to the Analyzer tools. Data entered into the Analyzers will be kept confidential unless and until source and other identifiable information is removed from such practice data and it is aggregated.

(c) Data Retention. Unless otherwise agreed in writing, STAAR retains the data entered into the Analyzers for up to one (1) year following the analysis session, after which it is aggregated and rendered de-identifiable to a specific practice.

(d) No Guarantee of Results. The outputs generated by the Analyzers are for informational purposes only and are based solely on the data provided by the user and estimates generated using national averages. STAAR makes no representations or warranties regarding the accuracy, completeness, or applicability of the results.

25. Questions about these Terms. If you have any questions about these Terms, please contact us at Legal@staar.com or STAAR Surgical Company c/o Legal Dept., 25510 Commercentre Drive, Ste. 200, Lake Forest, CA 92630.

Last Updated: October 21, 2026