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Terms of use

Welcome to the Internet sites of Orpyx® Medical Technologies Inc. and its subsidiaries (“Orpyx”). “Orpyx Sites” include orpyx.com, connect.orpyx.com and other Internet sites on which these Terms of Use are posted, and mobile applications that link to this Terms of Use. Orpyx is sometimes referred to herein as “we,” “us” or “our”. 

IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY FACILITY.  THE SITES ARE NOT INTENDED TO BE USED IN AN EMERGENCY OR TO TAKE THE PLACE OF TALKING TO YOUR DOCTOR.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY ORPYX SITE.

By using any Orpyx Site you (“you” or “user”) signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Orpyx Sites.

  • Note that special terms might apply to some services or features offered on certain Orpyx Sites. If special terms apply, they are posted at the access point for the applicable service or feature. Any special terms are in addition to these Terms of Use. In the event of a conflict, special terms prevail over these Terms of Use, but only for those specific services or features.
  • Orpyx may modify these Terms of Use at any time by updating this posting. The “Last Revised” date will be updated when modifications are made. You are bound by any such modification and should therefore visit this page periodically to review these Terms of Use.

General

  • Orpyx Sites include the mobile application (the “App”), the website which contains general information for the public about Orpyx (the “Website”) and the dashboard used by healthcare providers or Orpyx to review information about their patients who are using the Orpyx sensory insoles or the App (the “Dashboard”).
  • The App, the Website, and the Dashboard are used for different purposes, and personal information may be collected and used differently.  Please carefully read the Terms of Use for general descriptions of the rules for your use of the App, Website, and Dashboard, as well as the section of the Privacy Policy that describes the specific technology you will be using.

Orpyx Background

  • Orpyx App Users.
    • Orpyx works with healthcare providers to identify patients who are good candidates for the Orpyx sensory insoles and the App based on their health needs. In some cases, the App may be used by users on behalf of Patients. A Patient is an individual who uses the Orpyx sensory insoles and whose information is entered into or collected by the App (“Patient Data”).  In some cases, the user is a Patient; in some cases, the user is a guardian, friend, or relative of a Patient that is involved in the care of a Patient. The App is intended to help users, Patients, and healthcare providers track the Patient’s foot health. In most cases, the term “user” and “you” will include both users and Patients, unless we say otherwise.
    • The Orpyx sensory insole is intended to help identify areas of excessive foot pressure and variances in foot temperature to help decrease the risk of foot injury in individuals at risk of foot wounds.  The Patient’s healthcare provider prescribes the Orpyx sensory insole (the “Device”).  The Device senses and stores pressure, temperature, data about the mobility and health of a Patient’s feet, and generates summary data (“Patient Data”) to help prevent foot ulceration, and wirelessly sends the Patient Data to the App.  
    • We receive information from your healthcare provider, who has prescribed the Device and the App for you to assist in your medical care. Your healthcare provider may have a separate privacy policy that determines how your healthcare provider uses and discloses the private information that your healthcare provider maintains regarding your care. Please ask your healthcare provider for their privacy policy for more information about their use and disclosure of your health information.
  • Smart Phones and Other Display Devices.
    • Information from the sensory insole will be displayed on a smart phone or other display device. In some cases, patients may be provided with separate, dedicated devices to display data from the sensory insoles.
    • Each smart phone or display device will have its own policies and terms of use that must be agreed to in order to use that device.
    • The terms of use and privacy notice for the smart phone or display device should be read carefully, as those terms also apply. Orpyx is not responsible for the management of your data by, or privacy policy of, the smart phone or display device company.
  • Orpyx Dashboard Users.
    • When the Patient uses the App, the encrypted Patient Data collected and stored by the App is transmitted to the Orpyx data repository, to permit the Orpyx Medical Care or Patient’s healthcare provider to view and analyze the Patient Data through the Orpyx Dashboard.
    • Dashboard users must comply with all existing obligations to patients, including privacy obligations with respect to patient health information, in addition to the Terms of Use and Privacy Policy.  If a Dashboard User and Orpyx have entered into any other agreement governing the use of the Dashboard, those terms shall apply in the event of a conflict.

Not Medical Advice 

The Orpyx Sites have been developed using care and in accordance with existing recommendations and standards.  However, no Orpyx Site is intended to be a substitute for professional medical advice, diagnosis or treatment, and is not medical or other professional advice. Orpyx does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Orpyx Site or by any other electronic means. The information provided through an Orpyx Site is designed to support, not replace, the relationship that exists between the Patient and the Patient's healthcare provider. It is important to remember that each person can react differently to medicine and healthcare interventions.  Patients who have questions about medicines, treatment or health conditions should consult their healthcare provider. 

Privacy Policy

We collect, store, use, and maintain information on the Orpyx Sites, including the Device, the App, the Website, and the Dashboard, in accordance with our Privacy Policy, which is available here: orpyx.com/privacy-policy. Please review the Privacy Policy carefully before using any Orpyx Site. If you do not agree to the terms of the Privacy Policy, please do not use any Orpyx Site.

Use of Content 

We own the information on the Orpyx Sites, and you can only use it in limited ways.  Here are the details from the lawyers:

The content contained on Orpyx Sites, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the “Content”), is protected by copyright, trademark and other such laws in Canada, the United States and other foreign countries, and is owned or controlled by Orpyx or by third parties that have licensed their Content to Orpyx. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where an Orpyx Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, non-commercial home use only, provided that: (a) you retain all copyright and other proprietary notices contained in the original Content; (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Orpyx; and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.

You may not, without the prior written permission of Orpyx, “mirror” on any other server any material contained on any Orpyx Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, without the express written permission of Orpyx. The trademarks, logos and service marks (the “Marks”) displayed on the Orpyx Sites are owned by Orpyx or third parties. You are prohibited from use of those Marks without the express, written permission of Orpyx or such third party. If you would like information about obtaining Orpyx’s permission to use Content on your website, please send an e-mail to webmaster@orpyx.com.

Orpyx hereby grants to You a non-exclusive non-transferable, non-sublicensable, limited license to use any Orpyx Site for the intended purposes of such Orpyx Site(s). The access to and use of any Orpyx Site and any other component of the Orpyx Site is licensed and not sold.

You need an account to access certain areas on the Orpyx Sites.  This is to protect you, and to protect us.  There are rules about using accounts on the Orpyx Sites.  Once again, here it is from the lawyers:

Accounts

Some services on the Orpyx Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to notify us promptly at webmaster@orpyx.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Orpyx Site.

We may suspend or terminate your account and your ability to use any Orpyx Site or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service.

Your Promises

You promise that:

  • You are at least 18 years old.
  • You will be responsible for your use of any Orpyx Site.
  • You will keep your App account information, including your user name and password or other credentials, secret, and not tell anyone what they are or let anyone else use them unless they are your parent or guardian.
  • You understand and agree that your misuse of any Orpyx Site could cause harm to you. This misuse may cause Orpyx to terminate your use of any Orpyx Site for your safety and the safety of other Users. Orpyx is not responsible to you for your misuse of any Orpyx Site.
  • You understand and agree that if you attempt to modify any Orpyx Site , decompile, reverse engineer, or otherwise infringe on our intellectual property rights, that would violate the law. We may protect our intellectual property rights through legal means.
  • You agree that any Orpyx Site, or any component of any Orpyx Site will NOT be used:
    • In an illegal, inflammatory, defamatory, obscene, or hateful manner
    • To promote violence, discrimination on the basis of race, religion, gender, nationality, disability, age, or similar characteristics; or to infringe or breach the rights of any third party;
    • To threaten, abuse, harass, embarrass, alarm, defraud, or annoy another person;
    • To transmit any computer code, including (without limitation) any virus, worm, Trojan, time-bomb, logger, spyware, ransomware, or other harmful program or code that is intended, designed, or anticipated to cause harm or disruption to computers or networks, or any unsolicited promotional or advertising materials or "spam"; or
    • Otherwise used contrary to the nature and purpose of any Orpyx Site to support health and health behaviors.

Without limiting the generality of the foregoing, you agree that any Orpyx Site or any other component of any Orpyx Site shall not be used:

  • In whole or in part, for an unlawful purpose;
  • To modify or create derivative works of any Orpyx Site, in whole or in part;
  • To upload, download, recreate, copy or reproduce, replicate, frame or mirror any part of any Orpyx Site, in whole or in part;
  • To attempt to reverse assemble, reverse compile, reverse engineer, decompile, disassemble, excerpt or access the source code for, any Orpyx Site, in whole or in part;
  • To use any Orpyx Site, in whole or in part, in the operation of a service bureau or on an application or software as a service provider basis to support anyone, or for data aggregation or similar services;
  • To distribute, share, lease, exhibit, display, post, perform, make available publicly or privately, otherwise transfer or make available any Orpyx Site to any person or entity unless they have agreed in writing to abide by the terms of this agreement applicable to any Orpyx Site;
  • To design or create any software program or system, database, data or content, in whole or in part, with features or functions similar to the features or functions of any Orpyx Site, in whole or in part, through use, evaluation, or viewing of any Orpyx Site;
  • To incorporate any part of any Orpyx Site into any other product or service.
  • You agree that any Orpyx Site, or any other component of any Orpyx Site will NOT be used:
    • In an illegal, inflammatory, defamatory, obscene, or hateful manner;
    • To promote violence, discrimination on the basis of race, religion, gender, nationality, disability, age, or similar characteristics; or to infringe or breach the rights of any third party;
    • To threaten, abuse, harass, embarrass, alarm, defraud, or annoy another person;
    • To transmit any computer code, including (without limitation) any virus, worm, Trojan, time-bomb, logger, spyware, ransomware, or other harmful program or code that is intended, designed, or anticipated to cause harm or disruption to computers or networks, or any unsolicited promotional or advertising materials or "spam"; or
    • Otherwise used contrary to the nature and purpose of any Orpyx Site to support health and health behaviors.

You agree that you:

  • Are responsible for your use of any Orpyx Site.
  • Will keep account information, including your user name and password or other credentials, secret.
  • Will tell Orpyx right away if you or any of its authorized users believe a user name or password or other credentials are no longer secret, and will change the password immediately to protect the privacy of the information and the security of any Orpyx Site.
  • Understand and agree that misuse of any Orpyx Site or any component of any Orpyx Site could cause harm to you, users, or Patients. This misuse may cause Orpyx to terminate you or a specific user’s use of any Orpyx Site and any other component of any Orpyx Site.

Orpyx Liability

We try to make sure the information on the Orpyx Sites is accurate and complete, but we don’t guarantee it, and we are not liable if there are errors.  Here are the details from the lawyers:

Orpyx makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Orpyx Sites and the Content. Any use of the Orpyx Sites and the Content is at your own risk. Changes are periodically made to Orpyx Sites and may be made at any time. Some Content on the Orpyx Sites may be provided by third parties and Orpyx will not be held responsible for any such Content provided by third parties.

ORPYX DOES NOT WARRANT THAT THE ORPYX SITES WILL OPERATE ERROR-FREE OR THAT THE ORPYX SITES OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE ORPYX SITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, ORPYX WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE ORPYX SITES AND CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ORPYX, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, ORPYX HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.

ORPYX SHALL NOT BE LIABLE FOR: (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABE LAW, ORPYX’S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

We are not responsible for paying damages if you aren’t happy.  This is how the lawyers say it:

Disclaimer of Certain Damages

You should be aware that there are risks involved in sharing information, including the potential for such information to be intercepted by unauthorized third parties.  If you are dissatisfied with any of the Content or with these Terms and Conditions, your sole remedy is to discontinue use of the Orpyx Sites. IN NO EVENT WILL ORPYX OR ANY THIRD PARTIES MENTIONED AT THE ORPYX SITES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE ORPYX SITES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ORPYX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.

We are only responsible for what we do, not for what others do.  Here’s the official explanation:

Links to Other Sites

The Orpyx Sites may contain links to third-party websites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by Orpyx of the contents on such third-party websites. Orpyx is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or the privacy practices of such third parties. If you decide to access linked third-party websites, you do so at your own risk.

You are responsible for what you do.  As the lawyers say:

Indemnity

You agree to defend, indemnify, and hold harmless Orpyx, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use.

Some things just shouldn’t go too far away.  Please don’t export our technology without our consent:

Export Control

Canada, the United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

DMCA Take-Down Notice

Orpyx will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials posted or displayed on or accessible on or through the Orpyx Sites infringe your copyright, You may request removal of those materials (or access thereto) from the Orpyx Sites by submitting written notification to the Orpyx contact below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

To be effective, your notice must include substantially the following, as provided for under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3):

  • Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Orpyx has adopted and reasonably implemented a policy that provides for the termination, in appropriate circumstances, of subscribers and account holders that are repeat infringers.    

If you fail to comply with the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. 

Orpyx’s designated contact to receive DMCA Notices is:

______Attn:  Legal                                            

_____Suite 205, 1240 20th Ave SE, Calgary AB, T2G 1M8

Enforcement of Terms

If any of the provisions of these Terms of Use are held to be unenforceable, the remaining provisions will be unimpaired, and the unenforceable provision will be automatically replaced by an enforceable term or provision that comes as close as possible to the intention underlying the unenforceable term or provision.

We have the right to determine whether there has been a violation of these Terms of Use. If we determine the Terms of Use have been violated, we have the right to determine the action that will be taken. The action to be taken may include (but not be limited to):

  • Immediate termination of your right to use the Orpyx Site(s). The termination may be temporary or permanent.
  • Immediate removal of any content posted by you to the Orpyx Site(s)
  • Issuance of a warning or other communication to you.
  • Referral to law enforcement agencies for further action. 

We will not be liable for any damages which you may suffer as a result of the foregoing actions.  

We don’t plan on having any disputes about this.  But if we do, here is how it will work:

General

Except to the extent provided below in this paragraph, all legal issues arising from or related to the use of any Orpyx Site will be construed in accordance with and determined by the laws of the Province of Alberta and the country of Canada applicable to contracts entered into and performed within the Province of Alberta without respect to its conflict of laws principles. By using the Orpyx Site, you agree that the exclusive forum for any claims or causes of action arising out of your use of the Orpyx Site is the Court of King’s Bench of Alberta, or any Alberta Provincial court sitting in Calgary, Alberta, Canada. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

Information about your data:

Your data may be transmitted outside of your country’s borders. Different countries have different laws regarding the processing of health date. You expressly consent to the cross-border transfer, and agree that this cross-border transfer is necessary for Orpyx to perform the services you have requested, for the provision of medical care by your health professional, for the purposes described in these Terms of Use, the Privacy Policy, and any documentation regarding any Orpyx Site, and as permitted by law.  

In the event of a complaint, or to request further information, the provider may be contacted in writing at info@orpyx.com or:

Orpyx® Medical Technologies Inc.

Suite 205, 1240 – 20th Avenue S.E., Calgary, AB T2G 1M8

+1.403.460.0216

Effective Date: October 16, 2019

Last Updated: February 8th, 2023