The app is intended and made available only to CANADIAN healthcare professionals (the “Intended Users”) for use as part of the medical assistance they provide to their patients, and provided that such intended user accept to be bound by the essential terms set forth below, which acceptance constitutes a condition precedent TO THEIR download and USE OF THE APP:
1. The app is intended for use only by Intended Users. LightX Innovations Inc. (“LightX”) does not make the app available to any other person; you shall refrain from downloading and using the app unless you are an Intended User.
2. Any Intended User deciding to download and/or use the app shall carefully review the following terms, and any other terms and conditions as may be applicable from time to time. Anyone downloading and/or using the app is deemed to adhere to them.
3. LightX may change, suspend (or modify) access to, or shut down the app in its sole discretion. To the fullest extent allowed under applicable law, these changes will be effective once made available.
4. Intended Users shall comply in all respects and at all time with all applicable privacy laws, as well as with their legal, professional and ethical obligations, including those pertaining to confidentiality, patients’ consent and retention of medical information. LightX stresses that the use of the app shall take place after due consideration was given to such duties and obligations.
5. If LightX believes (or is made aware) that any Intended User is in breach of these terms (or other applicable terms and conditions) or does not fully comply with applicable law, LightX reserves the right to limit, restrict, suspend or revoke applicable rights (to access/use the app) and/or take other measures available under applicable laws.
6. Even if LightX uses reasonable care to ensure that the app operates in compliance with LightX disclosed specifications, LightX points out that the app is not infallible and that it does not have control over the quality and other characteristics of the photos and information uploaded. Accordingly, LightX expressly points out that: (i)the app is made available on an “as is” and “as available” basis; (ii) the app – just as any other form of technology – is not fully sheltered from cyberattacks or other unforeseeable events, and there is an inherent risk in using any technology; and (iii) LightX denies and disclaims all representations, guarantees and warranties (written/oral and express/implied) including as to the merchantability or fitness for a particular purpose of the app, the absence of defects, errors and inaccuracies (or its corrections), the fact that the app will be updated or continuously available, or that it will not infringe any third party’s rights. Should the LightX App prove defective (or for any other reason), LightX reserves the right to interrupt (in whole or in part) or to terminate the access to the app or to any functionality.
7. Even if the app robotically processes and analyses some information relating to subjects’ health/medical condition, the app is not providing medical advice; rather it is and shall only be seen as a tool assisting Intended Users, and accordingly such app shall not: (i)be used for self-diagnosis; (ii) constitute or be construed as an interpretation of any medical condition; (iii) be considered as giving a prognostic, an opinion, a diagnosis, a definite statement or a medical recommendation; or (iv) be considered as a substitute for professional advice; Intended Users shall be the sole persons responsible for making their own independent assessment, and for any orientation, decision or conclusion made/reached. Furthermore, LightX shall not be considered as endorsing or recommending any treatment, product, good, process or service. Finally, the information provided by the app to the Intended Users will need to be interpreted/adapted (including according to local standards, as it may necessarily reflect the official policies/views regarding treatments or care that should be privileged or available).
8. Intended Users understand and agree that: (i) the access and use of the app shall only be made for lawful purposes and further to their own decision and initiative in accordance with its ethical obligations; (ii) the app is the property of the LightX and can be subject to patent and other protections; and (iii) they are deemed to access, rely on, use and/or otherwise access the app at their own risks and based on (a) these essential terms apply in addition to (and in case of inconsistencies shall have precedence over) any other terms of the e-store; and (b) the fact that such access, reliance and/or use, and/or any dispute/proceeding, are governed by the laws in force in the Province of Quebec excluding principles and rules that could lead to the application of foreign laws and subject to the exclusive jurisdiction of the courts of that Province, unless prohibited by laws of public order (in certain circumstances). Indented Users shall assume the entire cost of all necessary servicing, repair or correction to their own electronic device.
9. The copyright and other proprietary notices cannot not be removed or concealed, and the app cannot be accessed or use for any purpose other than those expressly authorized by LightX, and shall not be modified, distributed, combined, disassemble, subject to reverse engineering or other manipulations.
10. To the fullest extent permitted by applicable law: (i) LightX assumes no responsibility whatsoever and shall not be responsible for any claim/damage including those arising/resulting from one of the occurrences referred to in these essential terms; and (ii) LightX shall not be liable for any incidental, consequential or other indirect damages, including any loss of data, opportunities, reputation, profits or revenues related to the app. This limitation of liability is part of the basis of the bargain between any user and LightX and shall apply to all claims of liability and even if LightX has been aware of the possibility of any such damage. (Some Laws do not allow the limitation or exclusion of liability, so some or all of the foregoing limits may not apply to all intended users.)
Any person (other than Intended Users) accessing, using and/or relying on the app (in contravention of the foregoing as not being an Intended User) understands and agrees that it shall be deemed to be bound by all of these essential terms.
IF YOU DO NOT AGREE WITH ANY OF THE FOREGOING, YOU SHOULD NOT DOWNLOAD AND/OR STOP ACCESSING AND USING THE APP.