MOMENT™ TRIAL SMILE

INFORMED CONSENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND ARBITRATION AGREEMENT

Dental Makeup, Inc. d/b/a Neer — 2200 Colorado Ave., Ste. H, Santa Monica, CA 90404 — smile@getneer.com

Version 1.1 — Effective September 21, 2026.

READ THIS ENTIRE DOCUMENT BEFORE YOU SIGN IT. IT AFFECTS YOUR LEGAL RIGHTS.

THIS DOCUMENT CONTAINS A RELEASE OF LIABILITY (SECTION 11), AN ASSUMPTION OF RISK (SECTION 10), AND A BINDING ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER (SECTION 16). BY SIGNING, YOU GIVE UP THE RIGHT TO SUE IN COURT FOR CERTAIN CLAIMS, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS UNDER SECTION 16.10.

If you do not agree, do not sign, and do not purchase or use Moment. You will receive a full refund of any amount paid.

1. WHO THIS AGREEMENT IS BETWEEN

This Informed Consent, Assumption of Risk, Release of Liability, and Arbitration Agreement (this "Agreement") is between:

• You, the person purchasing and wearing the Moment appliance (referred to as "you" or "Purchaser"); and
• Dental Makeup, Inc., a California corporation doing business as Neer ("Neer," "we," "us").

This Agreement also protects, and may be enforced by, the following persons as express third-party beneficiaries (each, together with Neer, a "Protected Party"):

(a) Neer's parents, subsidiaries, affiliates, officers, directors, employees, agents, contractors, suppliers, manufacturing partners, dental laboratories, and shipping and fulfillment providers;

(b) the licensed dental professional and the dental practice who perform your intraoral scan and submit it to Neer (together, the "Scanning Provider"), and their owners, employees, and staff — subject to the important limitation in Section 11.4, which states that this Agreement does NOT release the Scanning Provider's professional negligence; and

(c) any venue, host, or event operator at which your scan is performed.

Initials: _______

2. WHAT MOMENT IS — AND WHAT IT IS NOT

2.1 What it is. Moment is a removable, non-invasive, cosmetic dental appliance — a thin shell that snaps over your existing natural teeth to preview the appearance of a smile. It is custom-fabricated from a digital intraoral scan of your teeth.

2.2 What it is NOT. You acknowledge and agree that Moment:

• is cosmetic and non-therapeutic. It does not diagnose, treat, cure, prevent, or mitigate any disease, condition, or injury.
• is not orthodontic treatment. It does not move, straighten, align, or reposition teeth, and it is not a retainer, aligner, night guard, mouthguard, sports guard, splint, or bite appliance.
• is not a permanent restoration. It is not a crown, bridge, denture, partial denture, or bonded veneer, and it is not a substitute for any of them.
• is not a substitute for dental care. It does not replace regular examinations, cleanings, radiographs, or treatment by a licensed dentist. Wearing Moment does not treat any existing dental problem and may conceal one.
• is not a medical device intended for therapeutic use by you, and no Protected Party has represented that it is.

2.3 No promise of appearance. Moment is a preview. Shade, translucency, contour, length, midline, bulk, speech, and feel will differ from your natural teeth and from any rendering, photograph, simulation, model, sample, advertisement, or social media content you may have seen. No Protected Party warrants or guarantees any particular aesthetic result, any particular fit, or that you will be satisfied. Aesthetic dissatisfaction is not a defect.

2.4 Alternatives. You have been informed that alternatives to Moment exist, including: doing nothing; professional teeth whitening; composite bonding; conventional or prepless porcelain or composite veneers; orthodontic treatment; and a chairside temporary mock-up performed and fitted by a dentist in an office. You have chosen Moment freely and voluntarily.

Initials: _______

3. ELIGIBILITY AND YOUR REPRESENTATIONS

You represent, warrant, and certify that each of the following is true. If any is untrue, you are not eligible and must not proceed.

3.1 You are at least 18 years of age and legally able to enter into this Agreement. Moment is not sold to, and may not be worn by, anyone under 18.

3.2 You are purchasing Moment for your own personal use only. You will not resell it, lend it, gift it, share it, or allow any other person to wear it.

3.3 You are under the ongoing care of a licensed dentist, or you have been advised to establish such care, and you are not currently experiencing any of the following, and if you are, you will disclose it to the Scanning Provider before the scan and will not proceed without their clearance:

• active tooth decay, an open cavity, a cracked or broken tooth, or an unrestored tooth
• active gum disease, gum inflammation, bleeding gums, or periodontal disease
• loose, mobile, or failing teeth; recent extraction sites; unhealed surgical sites
• an active oral infection, abscess, ulcer, lesion, or sore
• in-progress orthodontic treatment, fixed or removable appliances, bonded retainers, or braces
• a temporary crown, bridge, or provisional restoration
• dental implants placed within the last 6 months, or any healing implant site
• diagnosed temporomandibular joint (TMJ/TMD) disorder, jaw pain, or clicking/locking
• known bruxism (tooth grinding) or clenching
• a swallowing, choking, gag reflex, seizure, respiratory, or neuromuscular condition, or any condition affecting your ability to control or remove an object in your mouth
• pregnancy or breastfeeding (disclose so your provider may advise you)

3.4 Allergies. Moment is fabricated from acrylic, methacrylate, and resin-based polymer materials. You represent that you have no known allergy or sensitivity to acrylic, methyl methacrylate, resins, monomers, plastics, dyes, colorants, or dental materials. If you do, do not proceed. You will disclose all known allergies to the Scanning Provider.

3.5 Truthfulness. All information you provide to Neer and to the Scanning Provider is complete, accurate, and truthful. You understand that a Protected Party is relying on your representations, and that a Protected Party cannot detect what you do not disclose.

3.6 Impairment. You will not be under the influence of alcohol or any impairing substance at the time of your scan.

Initials: _______

4. HOW THIS WORKS — AND EXACTLY WHAT EACH PARTY DOES AND DOES NOT DO

This section is important. Read it carefully.

4.1 The process. (1) You purchase Moment directly from Neer. (2) You attend an appointment at which a licensed dental professional takes a digital intraoral scan of your teeth. (3) The Scanning Provider submits that scan and a written work authorization to Neer. (4) Neer or its dental laboratory partner fabricates your appliance. (5) Neer ships the finished appliance directly to you. (6) You place, remove, and manage the appliance yourself, at home, without professional supervision.

4.2 The Scanning Provider's role is limited. The Scanning Provider's engagement is limited to performing the intraoral scan, conducting any screening they deem appropriate, and transmitting records and a written authorization to Neer. Unless you separately engage them in writing to do so, the Scanning Provider does not:

• fabricate, manufacture, design, or select the appliance;
• receive, inspect, seat, deliver, fit, adjust, trim, polish, or verify your appliance;
• evaluate your bite or occlusion while wearing the appliance;
• provide follow-up care, monitoring, warranty service, or repairs related to the appliance; or
• supervise your use of the appliance.

4.3 Neer's role is limited. Neer manufactures and ships a product. Neer does not practice dentistry, does not provide dental or medical advice, does not diagnose, and does not treat. No dentist-patient, doctor-patient, or other professional or fiduciary relationship is created between you and Neer by this Agreement, by your purchase, or by any communication with Neer, its website, its chat tools, or its staff.

4.4 NO PROFESSIONAL FIT CHECK — THE MOST IMPORTANT THING YOU ARE AGREEING TO.

YOU UNDERSTAND AND SPECIFICALLY AGREE THAT NO LICENSED DENTAL PROFESSIONAL WILL EXAMINE, TEST, VERIFY, OR ADJUST YOUR MOMENT APPLIANCE IN YOUR MOUTH BEFORE OR AFTER YOU WEAR IT. THE APPLIANCE SHIPS DIRECTLY TO YOU. YOU ARE THE ONLY PERSON WHO WILL EVER CHECK ITS FIT. YOU ACCEPT FULL RESPONSIBILITY FOR EVALUATING WHETHER THE APPLIANCE FITS SAFELY AND FOR DISCONTINUING USE IF IT DOES NOT.

4.5 Fit evaluation. No dental professional is provided by Neer to perform a fit evaluation. Before extended or repeated use, you are strongly advised to have the appliance evaluated by a licensed dentist of your choice, at your own expense. You understand that if you choose not to, you are wearing an unverified appliance at your own risk.

4.6 Scan quality. The appliance is fabricated from the scan as submitted. Scanning errors, movement, saliva, obstruction, subsequent dental work, natural tooth movement, or changes in your mouth between the scan and delivery will affect fit. Fit is not guaranteed.

Initials: _______

5. RISKS — READ AND INITIAL EACH ONE

You have been informed of, understand, and voluntarily accept the following risks. This list is not exhaustive. Some risks are serious, some are permanent, and some may be life-threatening. Risks may arise even when everything is done correctly, and may arise from causes no one can foresee.

5.1 CHOKING, AIRWAY OBSTRUCTION, ASPIRATION, AND DEATH. The appliance is a removable object worn in your mouth. It can come loose, dislodge, break, or fracture. It can be inhaled into your airway or lungs (aspiration) or become lodged in your throat. This can cause choking, airway obstruction, pneumonia, lung injury, emergency surgery, brain injury, and death. This risk is greatest while sleeping, eating, drinking, laughing, exercising, running, or during any physical or athletic activity, and is increased by alcohol or sedating medication. _______

5.2 SWALLOWING / INGESTION. The appliance or a broken fragment can be swallowed. This can cause esophageal injury, perforation, gastrointestinal obstruction or laceration, internal bleeding, infection, and may require endoscopy or surgery under general anesthesia to remove. _______

5.3 THE APPLIANCE MAY BE DIFFICULT OR IMPOSSIBLE TO SEE ON X-RAY OR CT. Acrylic and resin dental appliances have low radiopacity, meaning they may not appear on standard X-rays or on standard CT imaging windows. If you swallow or inhale the appliance or a fragment, emergency clinicians may not be able to locate it using routine imaging, which can delay diagnosis and treatment. YOU AGREE THAT IF YOU EVER SWALLOW, INHALE, OR CANNOT ACCOUNT FOR THE APPLIANCE OR ANY FRAGMENT, YOU WILL IMMEDIATELY SEEK EMERGENCY CARE AND WILL TELL THE TREATING CLINICIAN, IN THESE WORDS, THAT IT IS A LOW-RADIOPACITY ACRYLIC/RESIN DENTAL APPLIANCE THAT MAY NOT SHOW ON STANDARD IMAGING. _______

5.4 EYE, FACE, AND SOFT TISSUE INJURY. The appliance is a small rigid object with edges. Handling, dropping, flicking, snapping, forcing, or breaking it — by you or by anyone near you — can cause cuts, lacerations, puncture wounds, and injury to the eye, including corneal abrasion, penetrating eye injury, and permanent vision loss. Never bring the appliance near your eyes or anyone else's, never point or flick it, and never allow a child or pet near it. _______

5.5 BREAKAGE AND SHARP EDGES. The appliance can crack, chip, warp, deform, or shatter — including in your mouth and without warning. Broken pieces can have sharp edges that cut the tongue, cheeks, lips, gums, palate, throat, or digestive tract. Heat (hot liquids, dishwashers, cars, boiling water) will deform it. _______

5.6 DAMAGE TO YOUR TEETH AND GUMS. Wearing the appliance may cause or contribute to: tooth decay and cavities; plaque and tartar buildup; gum inflammation, recession, bleeding, and periodontal disease; halitosis (bad breath); enamel wear, demineralization, and staining; tooth sensitivity; tooth movement; loosening, chipping, fracture, or loss of natural teeth; and damage to, dislodgement of, or failure of existing crowns, bridges, veneers, fillings, implants, or other dental work. Some of this damage may be permanent and irreversible and may require restorative dental treatment at your own expense. _______

5.7 CONCEALMENT AND DELAY OF DIAGNOSIS. The appliance covers your teeth. It can hide decay, cracks, lesions, discoloration, or disease, and can delay your own or a professional's detection of a serious oral condition, including oral cancer. _______

5.8 BITE, JAW, AND TMJ. Because the appliance adds thickness to your teeth, it changes your bite. This may cause jaw pain, muscle soreness or fatigue, headaches, clicking, popping, locking, temporomandibular joint (TMJ/TMD) pain and dysfunction, occlusal changes, and tooth or bone stress. _______

5.9 ALLERGIC AND IRRITANT REACTIONS. Acrylic, methacrylate, monomer, resin, dyes, and other components can cause allergic contact stomatitis, dermatitis, tissue irritation, burning, swelling, rash, and — rarely — a severe systemic allergic reaction (anaphylaxis), which is a medical emergency. _______

5.10 SPEECH, SALIVA, GAGGING, AND COMFORT. You should expect altered or slurred speech, a lisp, increased or decreased saliva, dry mouth, gagging, nausea, pressure, soreness, and a foreign-body sensation. These may not resolve. _______

5.11 POOR FIT AND ITS CONSEQUENCES. Because no professional will verify fit (Section 4.4), the appliance may be too tight, too loose, rocking, rubbing, over-extended onto gum tissue, or unstable. A loose appliance dislodges more easily (see 5.1 and 5.2). A tight appliance can be difficult or impossible to remove and can damage teeth and dental work on removal. _______

5.12 INFECTION AND HYGIENE. An appliance that is not cleaned properly harbors bacteria, fungus (including candidiasis / "thrush"), and biofilm, and can cause oral and systemic infection. _______

5.13 PHOTOGRAPHY AND EVENTS. If you use Moment for a wedding, event, photo shoot, interview, or performance, you accept the risk that it may fail, dislodge, break, discolor, or not meet your expectations at that time, and no Protected Party is responsible for any consequence of that, including event costs, travel costs, lost opportunity, or emotional distress. _______

5.14 UNKNOWN AND UNFORESEEN RISKS. Moment is a category of product with limited long-term clinical data. There may be risks, including serious ones, that are not yet known, not yet described, and not listed above. You accept those unknown risks as well. _______

Section 5 Initials: _______

6. RULES OF USE — YOUR BINDING COMMITMENTS

You agree that you will:

• read and follow all instructions, warnings, and care information provided with the appliance, and treat them as part of this Agreement;
• inspect the appliance for cracks, chips, sharp edges, or damage every single time before you place it;
• stop using it immediately and permanently if it is damaged, cracked, loose, painful, ill-fitting, or causes any irritation, bleeding, swelling, or reaction, and consult a dentist;
• remove it before sleeping, exercising, and any athletic or physical activity;
• clean it as instructed and maintain normal brushing, flossing, and dental visits;
• store it in its case, out of the reach of children and pets, away from heat; and
• limit wear time as instructed and remove it regularly.

You agree that you will NOT:

• sleep or nap while wearing it — under any circumstance;
• wear it while eating or chewing, or while drinking anything other than cool water;
• wear it during sports, exercise, swimming, or any physical activity;
• wear it while consuming alcohol or while taking any sedating, impairing, or sleep-inducing substance;
• wear it while driving, operating machinery, or in any setting where a sudden airway emergency could not be treated;
• modify, trim, cut, sand, grind, drill, heat, reshape, repair, or alter it in any way, or allow anyone other than a licensed dentist to do so;
• use any adhesive, glue, cement, denture adhesive, bonding agent, or fixative with it;
• force it onto or off of your teeth;
• expose it to hot water, boiling water, dishwashers, microwaves, ovens, hot cars, solvents, bleach, or alcohol-based products;
• allow any other person to wear it, or wear an appliance made for anyone else;
• allow it near children under 13 or pets at any time; or
• continue wearing it beyond the recommended wear period or after any dentist advises you to stop.

YOU UNDERSTAND THAT USING MOMENT IN ANY MANNER PROHIBITED BY THIS SECTION IS A MISUSE OF THE PRODUCT, VOIDS ALL WARRANTIES, AND IS A MATERIAL BREACH OF THIS AGREEMENT.

Initials: _______

7. IF SOMETHING GOES WRONG — EMERGENCY INSTRUCTIONS

7.1 If you are choking, cannot breathe, or cannot speak: CALL 911 IMMEDIATELY.

7.2 If you swallow or inhale the appliance or any fragment, or cannot account for it: seek immediate emergency medical care, even if you feel fine. Tell the treating clinician it is a low-radiopacity acrylic/resin dental appliance that may not be visible on standard X-ray or standard CT windows. Bring this document and any remaining fragments with you.

7.3 If you have swelling of the lips, tongue, face, or throat, difficulty breathing, or a rash: stop use immediately and seek emergency care — this may be an allergic reaction.

7.4 For pain, bleeding, irritation, a loose or damaged appliance, or an appliance you cannot remove: stop use immediately and contact a licensed dentist.

7.5 Report it to Neer at smile@getneer.com as soon as you are safe, and retain the appliance and all fragments and packaging — but never delay medical care to do so.

Initials: _______

8. ACKNOWLEDGMENT OF INFORMED CONSENT

You acknowledge that: you have read this entire document; you have had the opportunity to ask questions of the Scanning Provider and of Neer and to consult your own dentist, physician, and attorney; all of your questions have been answered to your satisfaction; you were not rushed, pressured, or induced to sign; you are signing voluntarily; and you understand that you may decline at any time, and may stop using Moment at any time, for any reason.

You further acknowledge that no Protected Party has made any promise, guarantee, or representation to you about safety, results, appearance, fit, comfort, durability, or outcome other than what is written in this Agreement.

Initials: _______

9. RECORDS, IMAGES, AND PRIVACY

You authorize the Scanning Provider to transmit your intraoral scan, dental records, photographs, and related information to Neer and its laboratory and manufacturing partners for the purpose of fabricating and delivering your appliance, and to Neer's service providers for order fulfillment and customer support. Neer's handling of your information is governed by its Privacy Policy at getneer.com.

Marketing use of your images is optional and is not required to purchase Moment. Check one:

☐ I DO grant Neer a perpetual, worldwide, royalty-free license to use photographs, video, and scans of me and my smile for marketing, advertising, education, and social media, with or without my name.

☐ I DO NOT grant that license.

Initials: _______

10. EXPRESS ASSUMPTION OF RISK

YOU KNOWINGLY, VOLUNTARILY, AND EXPRESSLY ASSUME ALL RISKS OF PURCHASING, RECEIVING, HANDLING, PLACING, WEARING, REMOVING, STORING, CLEANING, AND OTHERWISE USING THE MOMENT APPLIANCE — INCLUDING ALL RISKS DESCRIBED IN SECTION 5, ALL RISKS ARISING FROM THE ABSENCE OF ANY PROFESSIONAL FIT VERIFICATION AS DESCRIBED IN SECTION 4.4, AND ALL RISKS THAT ARE UNKNOWN OR UNFORESEEN — WHETHER THOSE RISKS ARISE FROM YOUR OWN CONDUCT, FROM THE CONDUCT OF OTHERS, FROM THE ORDINARY NEGLIGENCE OF ANY PROTECTED PARTY, OR FROM ANY OTHER CAUSE.

THESE RISKS INCLUDE THE RISK OF SERIOUS BODILY INJURY, PERMANENT DISABILITY, PERMANENT DISFIGUREMENT, PERMANENT LOSS OF NATURAL TEETH, AND DEATH.

YOU ACCEPT AND ASSUME FULL RESPONSIBILITY FOR ALL SUCH RISKS AND FOR ALL RESULTING LOSSES, COSTS, AND DAMAGES.

Initials: _______

11. RELEASE OF LIABILITY AND WAIVER OF CLAIMS — INCLUDING NEGLIGENCE

READ THIS SECTION CAREFULLY. IT LIMITS YOUR LEGAL RIGHTS AND WAIVES YOUR RIGHT TO SUE.

11.1 RELEASE. IN CONSIDERATION OF BEING PERMITTED TO PURCHASE AND USE MOMENT, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND FOREVER GIVE UP ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, LIABILITIES, LOSSES, COSTS, EXPENSES, ATTORNEYS' FEES, AND DAMAGES OF EVERY KIND — WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, IN CONTRACT OR IN TORT, AND WHETHER FOR BODILY INJURY, DENTAL INJURY, PROPERTY DAMAGE, EMOTIONAL DISTRESS, ECONOMIC LOSS, OR DEATH — THAT YOU, YOUR SPOUSE, YOUR HEIRS, YOUR EXECUTORS, YOUR ADMINISTRATORS, OR YOUR ASSIGNS NOW HAVE OR MAY HEREAFTER HAVE AGAINST ANY PROTECTED PARTY, ARISING OUT OF OR RELATING IN ANY WAY TO THE MOMENT APPLIANCE OR THIS AGREEMENT.

11.2 THIS RELEASE EXPRESSLY INCLUDES CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF A PROTECTED PARTY. YOU SPECIFICALLY INTEND TO RELEASE, AND DO RELEASE, EACH PROTECTED PARTY FROM LIABILITY FOR ITS OWN ORDINARY NEGLIGENCE, INCLUDING NEGLIGENT DESIGN OF PROCESSES, NEGLIGENT INSTRUCTION, NEGLIGENT SCREENING, NEGLIGENT SUPERVISION, NEGLIGENT HIRING, NEGLIGENT PACKAGING OR SHIPPING, AND NEGLIGENT COMMUNICATION. YOU HAVE READ THIS PARAGRAPH, YOU UNDERSTAND THAT THE WORD "NEGLIGENCE" MEANS A FAILURE TO USE REASONABLE CARE, AND YOU AGREE TO IT.

11.3 COVENANT NOT TO SUE. You agree not to file, join, or maintain any lawsuit, arbitration, claim, or proceeding against any Protected Party for any released claim. If you do, you agree to reimburse that Protected Party's reasonable attorneys' fees and costs of defense, to the maximum extent permitted by law.

11.4 WHAT THIS RELEASE DOES NOT COVER — IMPORTANT LIMITATIONS. This release does not apply to, and nothing in this Agreement waives, releases, limits, or caps:

(a) the professional negligence, malpractice, or breach of the standard of care of the Scanning Provider or any licensed dental or medical professional in performing the scan, screening, or any professional service — under California law such a release is void and Neer does not attempt one;

(b) gross negligence, recklessness, willful or intentional misconduct, or fraud of any Protected Party;

(c) strict product liability, manufacturing defect, design defect, or failure to warn claims relating to the physical appliance itself;

(d) any claim for violation of a statutory duty, including the California Dental Practice Act, the Song-Beverly Consumer Warranty Act, the Consumers Legal Remedies Act, or the Unfair Competition Law;

(e) any right, remedy, or claim that cannot lawfully be waived, released, or limited under applicable law; or

(f) liability for personal injury or death caused by a defect in the appliance.

The parties intend these exclusions to preserve all claims and liabilities that cannot lawfully be waived, released, limited, or otherwise affected by this Agreement. This Agreement is intended to be enforced to the fullest extent permitted by law and no further.

11.5 WAIVER OF UNKNOWN CLAIMS — CALIFORNIA CIVIL CODE § 1542. With respect to any claim that has already arisen as of the date you sign, you expressly waive California Civil Code § 1542, which reads:

"A general release does not extend to claims that 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, would have materially affected his or her settlement with the debtor or released party."

You understand the significance of this waiver and assume the risk that claims you do not now know of may later be discovered.

Section 11 Initials: _______

12. INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless each Protected Party from and against any claim, demand, loss, liability, damage, fine, penalty, cost, or expense (including reasonable attorneys' fees) arising out of or relating to:

(a) your breach of this Agreement, including any violation of the rules of use in Section 6;

(b) any false, incomplete, or withheld representation, disclosure, or medical/dental history you provided;

(c) your misuse, alteration, or modification of the appliance;

(d) any injury to, or claim by, any third party — including any person to whom you gave, lent, sold, or showed the appliance, any person who wore it, and any child or animal that accessed it; and

(e) your violation of any law or of the rights of any third party.

Initials: _______

13. NO WARRANTIES; LIMITATION OF ECONOMIC LIABILITY

13.1 AS-IS. EXCEPT AS EXPRESSLY STATED IN WRITING BY NEER, THE MOMENT APPLIANCE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. No advice or information, oral or written, from Neer or any of its representatives creates any warranty.

13.2 Custom product; no returns. Moment is custom-fabricated for you from your individual scan and cannot be resold or reused. All sales are final and non-refundable once fabrication has begun, except as required by law or as Neer may elect in its sole discretion.

13.3 Limitation on economic damages only. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEER'S TOTAL AGGREGATE LIABILITY FOR ECONOMIC LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLIANCE WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID NEER FOR THE APPLIANCE, AND NEER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE ECONOMIC DAMAGES, OR FOR LOST PROFITS, LOST OPPORTUNITY, OR EVENT, TRAVEL, OR REPLACEMENT COSTS.

13.4 What Section 13.3 does not limit. NOTHING IN SECTION 13.3 LIMITS OR CAPS LIABILITY FOR PERSONAL INJURY OR DEATH, FOR GROSS NEGLIGENCE, RECKLESSNESS, WILLFUL OR INTENTIONAL MISCONDUCT, OR FRAUD, OR FOR ANY LIABILITY THAT MAY NOT BE LIMITED UNDER APPLICABLE LAW. THE LIMITATIONS IN SECTION 13.3 APPLY SOLELY TO ECONOMIC LOSSES.

Initials: _______

14. RIGHTS THIS AGREEMENT DOES NOT TAKE AWAY

Nothing in this Agreement prevents you from, or penalizes you for:

• reporting an adverse event, injury, or concern to the U.S. Food and Drug Administration (including via MedWatch), the Dental Board of California, any state dental or health board, any attorney general, or any other regulator or law enforcement agency;
• truthfully reviewing, rating, describing, or commenting on Neer, the Scanning Provider, or the Moment appliance, publicly or privately, including on social media; or
• cooperating with any government investigation.

Neer will not condition any refund, replacement, or benefit on your agreement to stay silent, to remove a review, or to refrain from contacting a regulator.

15. NO PROFESSIONAL RELATIONSHIP; INDEPENDENT PARTIES

The Scanning Provider is an independent licensed professional and is not an employee, agent, partner, or joint venturer of Neer, and Neer does not control, direct, or supervise the Scanning Provider's clinical judgment or practice. Neer is not an agent of the Scanning Provider. Neither is responsible for the other's independent acts or omissions. Your relationship with the Scanning Provider is governed by your separate agreement and consent with that practice.

16. BINDING ARBITRATION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER

PLEASE READ. THIS SECTION AFFECTS HOW DISPUTES ARE RESOLVED. YOU MAY OPT OUT UNDER SECTION 16.10.

16.1 Agreement to arbitrate. Except as stated in Sections 16.6 and 16.7, you and Neer agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Moment appliance, its purchase, marketing, manufacture, delivery, or use, or the relationship between you and Neer — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — will be resolved exclusively by final and binding individual arbitration, and not in court. This Agreement evidences a transaction involving interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

16.2 Scope limitation — Scanning Provider. This Section 16 applies only to claims between you and Neer and the other Protected Parties described in Section 1(a) and 1(c). It does NOT apply to, and does not require arbitration of, any claim of professional negligence or malpractice against the Scanning Provider. Any agreement to arbitrate such claims must be made separately with that practice in a form complying with California Code of Civil Procedure § 1295.

16.3 Informal resolution first. Before starting an arbitration, you must send Neer a written Notice of Dispute at smile@getneer.com and at 2200 Colorado Ave., Ste. H, Santa Monica, CA 90404, describing the claim and the relief sought. The parties will attempt in good faith to resolve it for 60 days. This is a condition precedent to arbitration for both parties.

16.4 Rules, forum, and location. Arbitration will be administered by JAMS under its Consumer Arbitration Minimum Standards and applicable rules (or, if JAMS is unavailable, by the American Arbitration Association under its Consumer Arbitration Rules), before a single neutral arbitrator. The arbitration will be seated in California, and California law will apply, consistent with California Civil Code § 1799.202 and Code of Civil Procedure § 1281 et seq. If you wish, any hearing may be conducted by telephone or videoconference, or in the county where you live.

16.5 Costs, discovery, and remedies. Neer will pay all arbitration filing, administrative, and arbitrator fees for any consumer arbitration you initiate, except that you pay any fee you would have paid to file in court. You are entitled to discovery, including depositions, to the same extent available in California superior court civil practice. The arbitrator may award any relief available in court to an individual claimant, including statutory damages and attorneys' fees where authorized by law, and must issue a written, reasoned decision.

16.6 Small claims. Either party may bring an individual claim in small claims court instead of arbitration, if it qualifies and remains in that court.

16.7 Public injunctive relief — carve-out. Notwithstanding anything else in this Agreement, any claim for public injunctive relief under California law is expressly excluded from arbitration and may be brought in a California court of competent jurisdiction. Litigation of a public injunctive relief claim will be stayed pending completion of arbitration of the arbitrable claims. This Section 16.7 is not severable from Section 16.8's class waiver only in the sense that it is intended to preserve, not defeat, the balance of this Section 16 — if Section 16.7 is held unenforceable, the remainder of Section 16 remains in full force.

16.8 CLASS, COLLECTIVE, AND MASS ACTION WAIVER. YOU AND NEER EACH AGREE THAT ANY PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND NEER EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.

16.9 Coordinated-proceeding protocol. If 25 or more substantially similar demands for arbitration are filed against Neer by or with the assistance of the same counsel or coordinated counsel, the following applies: (a) claims will be administered in concurrent batches of up to 50, each before a separate arbitrator, processed in parallel rather than sequentially; (b) the parties will select a limited bellwether round of up to 10 claims, the outcomes of which are expressly non-binding and of no precedential effect as to any claimant who did not participate; (c) following the bellwether round the parties will participate in a global mediation of all remaining claims before a mutually agreed mediator; and (d) all applicable statutes of limitation are tolled for every claimant in the queue from the date their demand is submitted until their claim is individually resolved or the queue is dissolved. Neer pays all administrative and arbitrator fees under this protocol.

16.10 30-DAY RIGHT TO OPT OUT OF ARBITRATION. You may reject this Section 16 by sending written notice within 30 days of the date you sign this Agreement to smile@getneer.com with the subject line "ARBITRATION OPT-OUT," or by mail to Neer at the address above, stating your full name, the email used to order, and that you opt out of arbitration. Opting out will not affect your purchase, your price, or any other part of this Agreement, and Neer will not retaliate. If you opt out, disputes will be resolved in the state or federal courts located in Los Angeles County, California, and Sections 16.1, 16.8 (as to class waiver), and 16.9 will not apply to you — but the jury trial waiver in Section 16.8 will remain in effect to the extent permitted by law.

16.11 Arbitrator's authority. The arbitrator, not any court, decides all issues of the interpretation, applicability, and scope of this Section 16, except that a court decides (a) the enforceability of the class waiver in Section 16.8 and (b) any claim for public injunctive relief under Section 16.7.

Section 16 Initials: _______

17. TIME LIMIT FOR CLAIMS

To the maximum extent permitted by law, any claim arising out of or relating to this Agreement or the Moment appliance must be brought within ONE (1) YEAR after the claim arises, or it is permanently barred. This Section does not apply to any claim for personal injury or death, or to any claim for which a shortened limitations period is prohibited by law.

18. GENERAL PROVISIONS

18.1 Governing law. This Agreement is governed by the laws of the State of California, without regard to its conflict-of-laws rules.

18.2 Venue. Subject to Section 16, the exclusive venue for any action is the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction there.

18.3 Severability — read broadly in favor of enforcement. If any provision, sentence, clause, or word of this Agreement is held invalid, void, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it will be severed, and every remaining provision will continue in full force and effect. The parties specifically intend that a determination that any release, waiver, limitation, or arbitration provision is unenforceable in whole or in part will not invalidate any other provision of this Agreement. There is no "blow-up," "poison pill," or all-or-nothing provision in this Agreement.

18.4 Interpretation. This Agreement is intended to be as broad and inclusive as is permitted by the law of the State of California, and is to be enforced to the fullest extent the law allows.

18.5 Entire agreement. This Agreement, together with Neer's published Terms and Privacy Policy and the instructions provided with the appliance, is the entire agreement between you and Neer on this subject and supersedes all prior discussions, advertisements, and representations.

18.6 No modification by conduct. No waiver of any provision is effective unless in writing and signed by an authorized officer of Neer. Neer's failure to enforce any provision is not a waiver.

18.7 Binding on successors. This Agreement binds you, your spouse, your heirs, your next of kin, your executors, your administrators, and your assigns, and benefits each Protected Party and their successors and assigns.

18.8 Assignment. You may not assign this Agreement. Neer may assign it in connection with a merger, acquisition, or sale of assets.

18.9 Electronic signature. You agree that your electronic signature, click-acceptance, or typed name has the same legal effect as a handwritten signature under the federal E-SIGN Act and the California Uniform Electronic Transactions Act, and that Neer may retain an electronic record of this Agreement, including a timestamp and IP address, as the authoritative record.

18.10 Survival. Sections 5, 6, 10, 11, 12, 13, 14, 16, 17, and 18 survive termination, expiration, or your discontinuation of use.

18.11 Headings. Headings are for convenience only and do not affect interpretation.

19. FINAL ACKNOWLEDGMENT AND SIGNATURE

I HAVE READ THIS ENTIRE AGREEMENT. I UNDERSTAND IT. I UNDERSTAND THAT IT IS A CONTRACT, THAT IT RELEASES LEGAL CLAIMS INCLUDING CLAIMS BASED ON NEGLIGENCE, THAT IT REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES WITH NEER, AND THAT IT WAIVES MY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

I UNDERSTAND THAT NO DENTIST WILL CHECK THE FIT OF MY APPLIANCE IN MY MOUTH, AND THAT I ACCEPT THE RISKS OF THAT — INCLUDING THE RISK OF CHOKING, SWALLOWING, SERIOUS INJURY, AND DEATH.

I AM AT LEAST 18 YEARS OLD. I AM SIGNING FREELY AND VOLUNTARILY, OF MY OWN FREE WILL, AND WITHOUT ANY INDUCEMENT, PRESSURE, ASSURANCE, OR REPRESENTATION OTHER THAN WHAT IS WRITTEN IN THIS DOCUMENT.

FOR OFFICE USE — SCANNING PROVIDER

I confirm that this Agreement was presented to the Purchaser before the intraoral scan, that the Purchaser had the opportunity to ask questions, and that the Purchaser signed it in my presence or provided a signed copy.

Dental Makeup, Inc. d/b/a Neer · 2200 Colorado Ave., Ste. H, Santa Monica, CA 90404 · smile@getneer.com
Form MOM-DTC-CONSENT v1.1 — Retain a copy for your records.