Terms of use

Welcome to the online platforms of Orpyx® Medical Technologies Inc. and its affiliates (collectively, “Orpyx”). The "Orpyx Sites" include orpyx.com, connect.orpyx.com, other websites where these Terms of Use are posted, and mobile apps linked to this document. Throughout these Terms, Orpyx may be referred to as "we," "us," or "our." 

Emergency Disclaimer 

If you are experiencing a medical emergency, dial 911 or go to the nearest emergency facility. These sites are not intended for emergency use or as a substitute for consulting with your healthcare provider. 

Acceptance of Terms 

By accessing or using any Orpyx Site, you ("you" or "user") agree to these Terms of Use. If you disagree with any of these terms, you are not permitted to use the Orpyx Sites. 

  • Special terms may apply to specific services or features on some Orpyx Sites. These special terms, if applicable, will be posted at the point of access to the relevant service or feature and take precedence over these general Terms of Use when conflicts arise. 
  • Orpyx reserves the right to update these Terms at any time. The “Last Revised” date will reflect when updates occur. You are responsible for periodically reviewing the Terms of Use. 

General Terms 

Orpyx Sites include the following: 

  • The mobile application (the “App”) 
  • The website offering general information to the public (the “Website”) 
  • The dashboard (the “Dashboard”) used by healthcare providers or Orpyx to review data from patients using Orpyx sensory insoles or the App 

The App, Website, and Dashboard serve different purposes, and personal information may be collected and used differently across these platforms. Review the Terms of Use, Data Protection Notice, and the Privacy Policy sections specific to the platform you are using. 

Orpyx Overview 

  • Orpyx App Users: Orpyx partners with healthcare providers to identify patients who could benefit from using the Orpyx sensory insoles and the App. The App helps users, patients, and healthcare providers track foot health, including pressure and temperature variances, to reduce the risk of foot injury. 
  • The App is designed to assist healthcare providers in monitoring patient data, which includes information about mobility and foot health. 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.   Healthcare providers may have separate privacy policies governing their use of patient data. 
  • Smart Devices: Data from the Orpyx sensory insole can be displayed on smart devices like smartphones. Terms and privacy policies of the device manufacturers also apply, and Orpyx is not responsible for third-party management of data. 
  • Orpyx Dashboard Users: Healthcare providers or Orpyx Medical Care use the Dashboard to view patient data. Dashboard users must comply with privacy laws and obligations to patients. If there are additional agreements between Dashboard users and Orpyx, those terms apply in case of 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, use, and maintain data on the Orpyx Sites according to our Privacy Policy, which is available at orpyx.com/privacy-policy. Please review the policy before using any Orpyx Site. If you disagree with the Privacy Policy, do not use the Orpyx Sites. 

Content Use 

Orpyx owns the content on the Sites, which includes text, images, videos, and other materials. Content is protected by copyright and trademark laws, and unauthorized use is prohibited. You may download certain content for personal use, but you cannot modify, distribute, or use it for commercial purposes without prior written permission from Orpyx. 

Account Creation 

Certain Orpyx services require you to create an account. You agree to provide accurate information during registration and keep your account credentials secure. If you suspect unauthorized use of your account, notify Orpyx immediately. Failure to comply with these Terms may result in suspension or termination of your account. 

User Responsibilities 

By using Orpyx Sites, you agree: 

  • You are at least 18 years old. 
  • You will use Orpyx Sites responsibly and in compliance with these Terms. 
  • You will keep your account information confidential and report any security breaches. 
  • You will not attempt to reverse-engineer, modify, or misuse any part of the Orpyx Sites. 
  • You will not use Orpyx Sites for illegal activities or to harm others. 

Orpyx Liability 

While Orpyx strives to provide accurate and reliable information, it does not guarantee the completeness or accuracy of the content. Use of Orpyx Sites is at your own risk. The Sites are provided "as is" without warranties, and Orpyx is not liable for any damages resulting from their use, including any losses due to computer viruses, errors, or data loss. 

Limitation of Liability 

In no event will Orpyx or any associated third party be liable for any damages arising from the use of Orpyx Sites, including lost profits, data loss, or business interruption. If applicable law does not allow for these limitations, they will be applied to the fullest extent permissible. 

Unless otherwise specifically and expressly stated elsewhere, Orpyx hereby disclaims all warranties with regard to the software, including without limitation all warranties of mechantability, 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 occaisioned by any such inaccuracy, error, or failure of the software.  If any of the above provisions are void under applicable law, Orpyx’s liability shall be limited to the full extent permitted by law. 

Links to Other Sites 

Orpyx websites may include links to third-party sites managed by others. These links are provided solely for your convenience and do not imply any endorsement by Orpyx of the content on those sites. Orpyx is not responsible for the content of linked third-party sites and makes no claims regarding the accuracy of their materials or privacy practices. If you choose to access these sites, you do so at your own risk. 

Indemnity 

You agree to defend, indemnify, and hold harmless Orpyx, its officers, directors, employees, and agents from any claims, actions, or demands, including reasonable legal and accounting fees, arising from your breach of these Terms of Use. 

Export Control 

Certain countries, including Canada and the U.S., regulate the export of products and information. You agree to comply with these regulations and avoid exporting or re-exporting the Content to countries or individuals prohibited under export control laws. By downloading the Content, you confirm that you are not in a restricted country and are not listed 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 adhering to local laws regarding import and export of the Content. 

DMCA Take-Down Notice 

Orpyx will respond to copyright infringement claims in accordance with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted material is being used without permission on an Orpyx site, you may submit a written notice for removal. The DMCA notice must include: 

  • Identification of the copyrighted work claimed to be infringed. 
  • A physical or electronic signature of the authorized person. 
  • Details of the infringing material and its location. 
  • Contact information for the complainant. 
  • A statement of good faith belief that the use of the material is unauthorized. 
  • A declaration of the accuracy of the notice and authorization to act on behalf of the copyright holder. 

Failure to comply with these requirements may render your notice ineffective. Orpyx’s DMCA contact is: 

Attn: Legal 
Suite 205, 1240 20th Ave SE, Calgary AB, T2G 1M8 

Enforcement of Terms 

If any part of these Terms of Use is found unenforceable, the remaining provisions will stay in effect, and an enforceable term reflecting the original intent will replace the invalid one. 

Orpyx reserves the right to determine if the Terms of Use have been violated and to decide on the appropriate response, which may include: 

  • Immediate termination of your access to Orpyx Sites (temporarily or permanently). 
  • Removal of content posted by you. 
  • Issuance of warnings or communications. 
  • Referral to law enforcement. 

Orpyx is not liable for any damages arising from such actions. 

Dispute Resolution 

Legal matters relating to Orpyx Sites will be governed by the laws of Alberta, Canada, without regard to conflict of law principles. You agree that any claims will be brought exclusively in Alberta courts, specifically in the Court of King’s Bench of Alberta or provincial courts in Calgary. You waive any objections to the venue or claims of inconvenient forum. 

Data Transfer 

Your data may be transferred across borders. Different countries have different rules regarding the processing of health data. By using Orpyx’s services, you consent to the necessary cross-border transfer of your data for the services provided and as permitted by law. 

For questions or complaints, you can contact Orpyx 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: October 24, 2024