Terms of Use – iOS –

Last Updated: 23 October 2019

Terms of Use – iOS –eTreat Medical Diagnostics Inc. (“Application Provider”) provides the application (“Licensed Application”) through which the Services (as defined below) are delivered and licensed to you (“You” or “Your”) solely for use under the terms of this End User License Agreement (this “License”). Additional products or applications may also be provided to You which are accompanied and governed by separate license agreements. Application Provider reserves all rights not expressly granted to You. IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU, DO NOT USE THE LICENSED APPLICATION OR THE SERVICE.

a. Scope of License.
The license granted to You for the Licensed Application is limited to a non-transferable license to use the
Licensed Application on any iPhone, iPod Touch, iPad or similar device that You own or control and as permitted
by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions as may be amended from
time to time (the “Usage Rules”) to receive the services provided by Application Provider (the "Services"). This
License does not allow You to use the Licensed Application on any device that You do not own or control, and
You may not distribute or make the Licensed Application available over a network where it could be used by
multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed
Application. This license does not include any resale or commercial use of the Licensed Application or the
Service. Further, You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source
code of, modify, or create any derivative works of the Licensed Application, any updates, or any part thereof
(except as and only to the extent any foregoing restriction is prohibited by applicable law or to the limited extent
as may be permitted by the licensing terms governing any open source components included within the Licensed
Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You
breach this restriction, then You may be subject to prosecution and/or damages. This License will govern any
upgrades provided by Application Provider that replace and/or supplement the original Product, unless such
upgrade is accompanied by a separate license in which case the terms of that license will govern.

b. Definitions.
“Personal Information” is information that you provide to us that personally identifies you, such as your name,
phone number, or email address.
“Non-Personal Information” is information that cannot by itself be directly associated with a specific person or
entity. Non-Personal Information includes but is not limited to your smartphone’s configuration and which web
browser you use.
“Potentially Personal Information” is information that is Non-Personal Information in and of itself but that could
be used in conjunction with other information to personally identify you. For example, Uniform Resource Locators
(“URLs”) (the addresses of web pages) and Internet Protocol (“IP”) addresses (the addresses of computers on the
internet) can be Personal Information when combined with internet service provider (“ISP”) records.
“Operational Data” means data regarding a user’s usage of LiveWith Arthritis and eTreat Acne, such as access
log data (such as data about when people access the service and with what piece of software). eTreatMD collects
Operational Data to help us ensure that we have sufficient capacity to meet user needs and otherwise to help with
the operations of LiveWith Arthritis and eTreat Acne.
“Report Data” Refers to data generated when a user creates a report using the eTreat Acne app. This data
includes the image used to create the report, which may be personally identifiable, and operational data.
“Usage Statistics” refers to the Non-Personal and Potentially Personal Information eTreatMD will use to
understand your use of the eTreatMD Service. Such information may include but is not limited to the amount of
data you are storing with the service, the frequency with which you access the service, bandwidth utilization, user
interaction data, and traffic shaping.PART 2 – Project Description 3
For clarity, Usage Statistics and Operational Data from your use of the eTreatMD Service are not stored with your
Personal Information. We take steps to aggregate or delete Operational Data and Usage Statistics after we no
longer need it, unless we are required by law to keep it longer.

c. Consent to Use of Data.
You agree that Application Provider may collect and use Operational Data, Usage Statistics and related
information including, but not limited to, technical information about Your device, system, application software,
and peripherals, to facilitate the provision of the Services, updates, support and other services to You (if any).
Data, including Report Data, may also be used by research technicians for technical product development such
as developing algorithms and machine learning models. Research technicians are trained in privacy protection
and ethical research practices as part of a strict quality management system. Subject to any limitations imposed
by applicable law, Application Provider may also use or share this information with third parties as long as it is in a
form that does not personally identify You, to improve and/or provide its products, services and technologies. If
your non-identifiable data are used for research purposes, then the limitation of liability and indemnity clauses
contained within the End User License Agreement/Terms of Service Agreement are waived with respect to any
harms suffered or liabilities incurred as a result of any research activities.

d. Termination.
This License is effective until terminated by You or Application Provider. Your rights under this License will
terminate automatically without notice from Application Provider if You fail to comply with any term of this License.
Upon termination of this License, You shall cease all use of the Licensed Application, and delete or destroy all
copies, full or partial, of the Licensed Application.

e. Services; Third Party Materials.
The Licensed Application enables access to the Services as well as third-party services and websites. Use of
such Services and third-party services and websites may require Internet access and further require that You
accept and comply with additional terms of service.

(i) You understand that by using the Licensed Application and the Services, You may encounter content,
data, information, applications, links to third-party websites or other materials ("Third-Party Materials") that may
be deemed offensive, indecent, explicit or otherwise objectionable, and that the results of any search or entering
a particular URL may automatically and unintentionally generate links or references to such material. Accordingly,
You agree to use the Licensed Application and the Services at Your sole risk and that Application Provider shall
not have any liability to You for any Third-Party Materials that may be found to be offensive, indecent, explicit or
otherwise objectionable.

(ii) By using the Application and the Services, You agree that Application Provider is not responsible for the
content, accuracy, security, completeness, timeliness, validity, copyright compliance, legality, decency, quality or
any other aspect of any Third Party Materials or websites. Application Provider does not warrant or endorse and
does not assume and will not have any liability or responsibility to You or any other person for any Third Party
Materials or websites, or for any other materials, products, or services of any third parties.

(iii) You agree that the Services may contain proprietary content, information and material that is protected by
applicable intellectual property and other laws. You will not use such proprietary content, information or materials
in any way whatsoever except for permitted use of the Services for personal use as described below. No portion
of the Services may be reproduced in any form or by any means except for personal use as described below. You
agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any
manner, and You shall not exploit the Services in any unauthorized or illegal way. You further agree not to use
the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of
any third party, and that Application Provider is not in any way responsible for any such use by You, nor for any
harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a
result of using the Application or the Services. The Licensed Application allows You to create two-dimensional

PART 2 – Project Description 4
images directly from the Licensed Application (“Images”). The Licensed Application also allows You to create
reports directly from the Licensed Application (“Reports”). You may use and share the Images or Reports for
personal use, but may not license or sublicense the Images or Reports for any commercial purposes without the
written permission of eTreat Medical Diagnostics Inc. [Without limitation, and by way of example only, you may
share the Image or Report with a doctor or patient for informational purposes solely but may not license or allow
the Image or Report to be sublicensed commercially or uploaded to any commercial or free image site.]
Furthermore you may not use and share Images or Reports without correctly publishing the appropriate credit line
as per industry standards and as is built into the report share feature within the application.
(iv) You agree that the Services, third-party services and Third Party Materials may not be available in all
languages or in all countries. Application Provider makes no representation that the Services, third-party services
or Third-Party Materials are appropriate or available for use in any particular location. To the extent You choose
to access any Services, third-party services or Third Party Materials, You do so at Your own risk and are
responsible for compliance with all applicable laws including, but not limited to, all applicable local laws.
Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any
Service at any time without notice. In no event will Application Provider be liable for the removal or disabling of
access to any such Service. Application Provider may also impose limits on the use of or access to certain
Services, in any case and without notice or liability.

f. No Representations or Warranties.

(i) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED
APPLICATION AND THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES ARE
PROVIDED EXCLUSIVELY "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT
ANY REPRESENTATION OR WARRANTY OF ANY KIND. APPLICATION PROVIDER HEREBY
DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO
THE LICENSED APPLICATION AND THE SERVICES, EITHER EXPRESS, IMPLIED OR
STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, CONTINUOUS OPERATION, AND NON-INFRINGEMENT. APPLICATION
PROVIDER HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY
RELIANCE PLACED ON THE LICENSED APPLICATION AND SERVICES BY YOU. APPLICATION PROVIDER
ACCEPTS NO RESPONSIBILITY FOR KEEPING THE LICENSED APPLICATION OR SERVICES UP TO DATE
OR COMPLETE OR LIABILITY FOR ANY FAILURE TO DO SO.
APPLICATION PROVIDER DOES NOT WARRANT THAT THE SERVICE AND ANY PRODUCTS
LICENSED WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE OR THAT ANY DEFECTS IN THE LICENSED
APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVES
SHALL CREATE ANY WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE
DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.

(ii) You agree that the fees charged by Application Provider and paid by You are based on and reflective of
the allocation of risk contemplated by this section and that the limitations in this section are an essential element
of the agreement between You and Application Provider.

(iii) Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory
rights of a consumer, so the above exclusion and limitations may not apply to You.

g. Use of Licensed Application and Services.
You agree that the Licensed Application and Services are designed to be used solely by consumers under
medical, physiotherapy or other appropriate medical professional supervision as part of a treatment plan

PART 2 – Project Description 5
prescribed by a qualified and licensed medical, physiotherapist or other appropriate medical practitioner. You
warrant that You will not use, nor shall You permit, the Licensed Application or Services to be used except under
such supervision and only as prescribed. The Licensed Application and Services do not constitute the practice of
medicine and are neither professional medical nor physiotherapy advice. Moreover, Licensed Application and
Services are not designed to be used as a substitute for professional medical or physiotherapy advice or
judgment. Due to the large variety of potential applications for the Licensed Application and Services, neither the
Services nor the Licensed Application have been tested for all conditions.

h. Indemnification
You hereby indemnify and hold harmless, and upon Application Provider’s request, defend, Application Provider
and its affiliates (and their respective directors, officers and employees) from and against any and all losses,
liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim,
action, or proceeding brought by a third party based on:

(i) your use of the Licensed Application and Service;
(ii) a breach of any warranty, representation, covenant or obligation of yours under this Agreement; or
(iii) your violation of any third party right.

You will reimburse Application Provider and its affiliates on demand for any actual payments made in resolution of
any liability or claim that is subject to indemnification under this Section g, provided that Application Provider
attempts to obtain your written consent prior to making such payments, and such consent is not unreasonably
withheld, delayed or conditioned. Application Provider shall promptly notify you of any such claim, and you shall
assume control of the defense of such claim upon Application Provider’s request. Application Provider shall have
the right, at its expense, to participate in the defense thereof under your direction.

i. Limitation of Liability
IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR ANY PERSONAL INJURY,
DEATH OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY LOST
PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR
LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE
LICENSED APPLICATION OR THE SERVICES HOWEVER CAUSED, REGARDLESS OF THE
THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION
PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW OR RESTRICT THE LIMITATION OF LIABILITY FOR
PERSONAL INJURY, DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION MAY NOT APPLY TO YOU.
In no event shall Application Provider’s total liability to you for all damages (other than as may be required by
applicable law in cases involving personal injury or death) exceed the amount of two hundred dollars
(US$200.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
YOU AND APPLICATION PROVIDER AGREE THAT ANY PROCEEDINGS TO RESOLVE OR
LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT
NEITHER YOU NOR APPLICATION PROVIDER WILL SEEK TO HAVE ANY DISPUTE HEARD AS
A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE
ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR APPLICATION
PROVIDER ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND
APPLICATION PROVIDER FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED,
CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN
CONSENT OF YOU, APPLICATION PROVIDER, AND ALL PARTIES TO ANY SUCH PROCEEDING.

PART 2 – Project Description 6
1. The Licensed Application together with all intellectual property rights associated therewith or incorporated therein
shall at all times remain the exclusive property of Application Provider

and its licensors. The Licensed Application is protected by copyright under both Canadian and foreign laws.
2. You may not use or otherwise export or re-export the Licensed Application except as authorized by Canadian law
and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation,
the Licensed Application may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to
anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of
Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that
you are not located in any such country or on any such list. You also agree that you will not use these products
for any purposes prohibited by Canadian law, including, without limitation, the development, design, manufacture
or production of nuclear, missiles, or chemical or biological weapons.

3. No waiver by Application Provider of Your breach or default under this License shall be deemed to be a waiver of
any subsequent breach or default.

4. If any part of this License is found void or unenforceable it will not affect the validity of the balance of the license
which shall remain valid and enforceable according to its terms.

5. Application Provider may modify or discontinue this License from time to time. Any changes to this License will be
posted on Application Provider's internet website and the revised version will be made available within the
Licensed Application. In addition, this License will always indicate the date it was last revised. You are deemed to
have accepted and agreed to be bound by any changes to this License when You use the Licensed Application or
Services after those changes are posted.

6. The laws of the Province of British Columbia excluding its conflicts of law rules, shall govern this License and your
use of the Licensed Application. Your use of the Licensed Application and the Services may also be subject to
other local, state, national, or international laws.

7. Any dispute with Application Provider or any of its officers, directors, employees, agents or affiliates, arising under
or in relation to this License shall be resolved exclusively through the applicable provincial or federal courts
located in Vancouver, British Columbia, Canada, except with respect to imminent harm requiring temporary or
preliminary injunctive relief in which case either party may seek such relief in any court with jurisdiction over the
other party. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Licensed Application, the Service or this License must be filed within one (1) year
after such claim or cause of action arose or be forever barred. You understand that, in return for agreement to this
provision, Application Provider is able to offer the Licensed Application and Services to you on the designated
terms, and that Your agreement to this provision is an indispensable consideration to this License. You
acknowledge and understand that, with respect to any dispute with Application Provider or any of its officers,
directors, employees, agents or affiliates, arising out of or relating to this License and/or Your use of the Licensed
Application or Services:

• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE
ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS
A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

8. This License represents the entire understanding between You and Application Provider regarding the Licensed
Application and the Services and supersedes and prior agreements with respect to the licensing of the Licensed
Application and provision of the Services to You.

Terms of Use – Android –

Last Updated: 23 October, 2019

eTreat Medical Diagnostics Inc. (“Application Provider”) provides the application
(“Licensed Application”) through which the Services (as defined below) are delivered and licensed to you (“You”
or “Your”) solely for use under the terms of this End User License Agreement (this “License”). Additional products
or applications may also be provided to You which are accompanied and governed by separate license
agreements. Application Provider reserves all rights not expressly granted to You. IF ANY OF THESE TERMS
ARE UNACCEPTABLE TO YOU, DO NOT USE THE LICENSED APPLICATION OR THE SERVICE.


a. Scope of License.
The license granted to You for the Licensed Application is limited to a non-transferable license to use the
Licensed Application on any Android smartphone or tablet device that You own or control. This License does not
allow You to use the Licensed Application on any device that You do not own or control, and You may not
distribute or make the Licensed Application available over a network where it could be used by multiple devices at
the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. This
license does not include any resale or commercial use of the Licensed Application or the Service. Further, You
may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create
any derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the
extent any foregoing restriction is prohibited by applicable law or to the limited extent as may be permitted by the
licensing terms governing any open source components included within the Licensed Application). Any attempt to
do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, then
You may be subject to prosecution and/or damages. This License will govern any upgrades provided by
Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by
a separate license in which case the terms of that license will govern.


b. Definitions.
“Personal Information” is information that you provide to us that personally identifies you, such as your name,
phone number, or email address.
“Non-Personal Information” is information that cannot by itself be directly associated with a specific person or
entity. Non-Personal Information includes but is not limited to your smartphone’s configuration and which web
browser you use.
“Potentially Personal Information” is information that is Non-Personal Information in and of itself but that could
be used in conjunction with other information to personally identify you. For example, Uniform Resource Locators
(“URLs”) (the addresses of web pages) and Internet Protocol (“IP”) addresses (the addresses of computers on the
internet) can be Personal Information when combined with internet service provider (“ISP”) records.
“Operational Data” means data regarding a user’s usage of LiveWith Arthritis and eTreat Acne, such as access
log data (such as data about when people access the service and with what piece of software). eTreatMD collects
Operational Data to help us ensure that we have sufficient capacity to meet user needs and otherwise to help with
the operations of LiveWith Arthritis and eTreat Acne.
“Report Data” Refers to data generated when a user creates a report using the eTreat Acne app. This data
includes the image used to create the report, which may be personally identifiable, and operational data.
“Usage Statistics” refers to the Non-Personal and Potentially Personal Information eTreatMD will use to
understand your use of the eTreatMD Service. Such information may include but is not limited to the amount of
data you are storing with the service, the frequency with which you access the service, bandwidth utilization, user
interaction data, and traffic shaping.
For clarity, Usage Statistics and Operational Data from your use of the eTreatMD Service are not stored with your
Personal Information. We take steps to aggregate or delete Operational Data and Usage Statistics after we no
longer need it, unless we are required by law to keep it longer.

PART 2 – Project Description 8
c. Consent to Use of Data.
You agree that Application Provider may collect and use Operational Data, Usage Statistics and related
information including, but not limited to, technical information about Your device, system, application software,
and peripherals, to facilitate the provision of the Services, updates, support and other services to You (if any).
Data, including Report Data, may also be used by research technicians for technical product development such
as developing algorithms and machine learning models. Research technicians are trained in privacy protection
and ethical research practices as part of a strict quality management system. Subject to any limitations
imposed by applicable law, Application Provider may also use or share this information with third parties as
long as it is in a form that does not personally identify You, to improve and/or provide its products, services and
technologies. If your non-identifiable data are used for research purposes, then the limitation of liability and
indemnity clauses contained within the End User License Agreement/Terms of Service Agreement are waived
with respect to any harms suffered or liabilities incurred as a result of any research activities.


d. Termination.
This License is effective until terminated by You or Application Provider. Your rights under this License will
terminate automatically without notice from Application Provider if You fail to comply with any term of this License.
Upon termination of this License, You shall cease all use of the Licensed Application, and delete or destroy all
copies, full or partial, of the Licensed Application.


e. Services; Third Party Materials.
The Licensed Application enables access to the Services as well as third-party services and websites. Use of
such Services and third-party services and websites may require Internet access and further require that You
accept and comply with additional terms of service.


(i) You understand that by using the Licensed Application and the Services, You may encounter content,
data, information, applications, links to third-party websites or other materials ("Third-Party Materials") that may
be deemed offensive, indecent, explicit or otherwise objectionable, and that the results of any search or entering a
particular URL may automatically and unintentionally generate links or references to such material. Accordingly,
You agree to use the Licensed Application and the Services at Your sole risk and that Application Provider shall
not have any liability to You for any Third-Party Materials that may be found to be offensive, indecent, explicit or
otherwise objectionable.


(ii) By using the Application and the Services, You agree that Application Provider is not responsible for the
content, accuracy, security, completeness, timeliness, validity, copyright compliance, legality, decency, quality or
any other aspect of any Third Party Materials or websites. Application Provider does not warrant or endorse and
does not assume and will not have any liability or responsibility to You or any other person for any Third Party
Materials or websites, or for any other materials, products, or services of any third parties.


(iii) You agree that the Services may contain proprietary content, information and material that is protected by
applicable intellectual property and other laws. You will not use such proprietary content, information or materials
in any way whatsoever except for permitted use of the Services for personal use as described below. No portion
of the Services may be reproduced in any form or by any means except for personal use as described below. You
agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any
manner, and You shall not exploit the Services in any unauthorized or illegal way. You further agree not to use the
Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any
third party, and that Application Provider is not in any way responsible for any such use by You, nor for any
harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a
result of using the Application or the Services. The Licensed Application allows You to create two-dimensional
images directly from the Licensed Application (“Images”). The Licensed Application also allows You to create
reports directly from the Licensed Application (“Reports”). You may use and share the Images or Reports for
personal use, but may not license or sublicense the Images or Reports for any commercial purposes without the
written permission of eTreat Medical Diagnostics Inc. [Without limitation, and by way of example only, you may

PART 2 – Project Description 9
share the Image or Report with a doctor or patient for informational purposes solely but may not license or allow
the Image or Report to be sublicensed commercially or uploaded to any commercial or free image site.]
Furthermore you may not use and share Images or Reports without correctly publishing the appropriate credit line
as per industry standards and as is built into the report share feature within the application.


(iv) You agree that the Services, third-party services and Third Party Materials may not be available in all
languages or in all countries. Application Provider makes no representation that the Services, third-party services
or Third-Party Materials are appropriate or available for use in any particular location. To the extent You choose to
access any Services, third-party services or Third Party Materials, You do so at Your own risk and are responsible
for compliance with all applicable laws including, but not limited to, all applicable local laws. Application Provider,
and its licensors, reserve the right to change, suspend, remove, or disable access to any Service at any time
without notice. In no event will Application Provider be liable for the removal or disabling of access to any such
Service. Application Provider may also impose limits on the use of or access to certain Services, in any case and
without notice or liability.


f. No Representations or Warranties.
(i) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED
APPLICATION AND THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES ARE PROVIDED
EXCLUSIVELY "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT
ANY REPRESENTATION OR WARRANTY OF ANY KIND. APPLICATION PROVIDER HEREBY
DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO
THE LICENSED APPLICATION AND THE SERVICES, EITHER EXPRESS, IMPLIED OR
STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, CONTINUOUS OPERATION, AND NON-INFRINGEMENT. APPLICATION
PROVIDER HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY
RELIANCE PLACED ON THE LICENSED APPLICATION AND SERVICES BY YOU. APPLICATION PROVIDER
ACCEPTS NO RESPONSIBILITY FOR KEEPING THE LICENSED APPLICATION OR SERVICES UP TO DATE
OR COMPLETE OR LIABILITY FOR ANY FAILURE TO DO SO.
APPLICATION PROVIDER DOES NOT WARRANT THAT ANY DEFECTS IN THE LICENSED
APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVES
SHALL CREATE ANY WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE
DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.


(ii) You agree that the fees charged by Application Provider and paid by You are based on and reflective of
the allocation of risk contemplated by this section and that the limitations in this section are an essential element
of the agreement between You and Application Provider.


(iii) Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory
rights of a consumer, so the above exclusion and limitations may not apply to You.


g. Use of Licensed Application and Services.
Use of Licensed Application and Services. You agree that the Licensed Application and Services are designed
to be used solely by consumers under medical, physiotherapy or other appropriate medical professional
supervision as part of a treatment plan prescribed by a qualified and licensed medical, physiotherapist or other
appropriate medical practitioner. You warrant that You will not use, nor shall You permit, the Licensed
Application or Services to be used except under such supervision and only as prescribed. The Licensed
Application and Services do not constitute the practice of medicine and are neither professional medical nor
physiotherapy advice. Moreover, Licensed Application and Services are not designed to be used as a
substitute for professional medical or physiotherapy advice or judgment. Due to the large variety of potential

PART 2 – Project Description 10
applications for the Licensed Application and Services, neither the Services nor the Licensed Application have
been tested for all conditions.


h. Indemnification
You hereby indemnify and hold harmless, and upon Application Provider’s request, defend, Application Provider
and its affiliates (and their respective directors, officers and employees) from and against any and all losses,
liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim,
action, or proceeding brought by a third party based on:


(i) your use of the Licensed Application and Service;
(ii) a breach of any warranty, representation, covenant or obligation of yours under this Agreement; or
(iii) your violation of any third party right.


You will reimburse Application Provider and its affiliates on demand for any actual payments made in resolution of
any liability or claim that is subject to indemnification under this Section g, provided that Application Provider
attempts to obtain your written consent prior to making such payments, and such consent is not unreasonably
withheld, delayed or conditioned. Application Provider shall promptly notify you of any such claim, and you shall
assume control of the defense of such claim upon Application Provider’s request. Application Provider shall have
the right, at its expense, to participate in the defense thereof under your direction.


i. Limitation of Liability.
IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR ANY PERSONAL INJURY,
DEATH OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY LOST
PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR
LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE
LICENSED APPLICATION OR THE SERVICES HOWEVER CAUSED, REGARDLESS OF THE
THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION
PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW OR RESTRICT THE LIMITATION OF LIABILITY FOR
PERSONAL INJURY, DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION MAY NOT APPLY TO YOU.
In no event shall Application Provider’s total liability to you for all damages (other than as may be required by
applicable law in cases involving personal injury or death) exceed the amount of two hundred dollars
(US$200.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
YOU AND APPLICATION PROVIDER AGREE THAT ANY PROCEEDINGS TO RESOLVE OR
LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT
NEITHER YOU NOR APPLICATION PROVIDER WILL SEEK TO HAVE ANY DISPUTE HEARD AS
A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE
ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR APPLICATION
PROVIDER ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND
APPLICATION PROVIDER FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED,
CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN
CONSENT OF YOU, APPLICATION PROVIDER, AND ALL PARTIES TO ANY SUCH PROCEEDING.

PART 2 – Project Description 11


1. The Licensed Application together with all intellectual property rights associated therewith or incorporated therein
shall at all times remain the exclusive property of Application Provider and its licensors. The Licensed Application
is protected by copyright under both Canadian and foreign laws.


2. You may not use or otherwise export or re-export the Licensed Application except as authorized by Canadian law
and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation,
the Licensed Application may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to
anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of
Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that
you are not located in any such country or on any such list. You also agree that you will not use these products for
any purposes prohibited by United States law, including, without limitation, the development, design, manufacture
or production of nuclear, missiles, or chemical or biological weapons.


3. No waiver by Application Provider of Your breach or default under this License shall be deemed to be a waiver of
any subsequent breach or default.


4. If any part of this License is found void or unenforceable it will not affect the validity of the balance of the license
which shall remain valid and enforceable according to its terms.


5. Application Provider may modify or discontinue this License from time to time. Any changes to this License will be
posted on Application Provider's internet website and the revised version will be made available within the
Licensed Application. In addition, this License will always indicate the date it was last revised. You are deemed to
have accepted and agreed to be bound by any changes to this License when You use the Licensed Application or
Services after those changes are posted.


6. The laws of the P of British Columbia excluding its conflicts of law rules, shall govern this License and your use of
the Licensed Application. Your use of the Licensed Application and the Services may also be subject to other
local, state, national, or international laws.


7. Any dispute with Application Provider or any of its officers, directors, employees, agents or affiliates, arising under
or in relation to this License shall be resolved exclusively through the applicable provincial or federal courts
located in Vancouver, British Columbia, Canada, except with respect to imminent harm requiring temporary or
preliminary injunctive relief in which case either party may seek such relief in any court with jurisdiction over the
other party. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Licensed Application, the Service or this License must be filed within one (1) year
after such claim or cause of action arose or be forever barred. You understand that, in return for agreement to this
provision, Application Provider is able to offer the Licensed Application and Services to you on the designated
terms, and that Your agreement to this provision is an indispensable consideration to this License. You
acknowledge and understand that, with respect to any dispute with Application Provider or any of its officers,
directors, employees, agents or affiliates, arising out of or relating to this License and/or Your use of the Licensed
Application or Services: • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and • YOU ARE
GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR
IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF
CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.


8. This License represents the entire understanding between You and Application Provider regarding the Licensed
Application and the Services and supersedes and prior agreements with respect to the licensing of the Licensed
Application and provision of the Services to You.