Terms of service

Nexus Health NexID and NexHUB Terms and Conditions Agreement

Date: October 13, 2021

Changes from last version: • Some clarifications added and typos fixed • Introduce terms prohibiting abuse

1. Introduction

Please read these Terms of Service carefully. These Terms and Conditions apply to all users of the NexID service (the “Service”) offered by Nexus Health Inc. (“Nexus Health”, “we”,”us”, “our”). The Service allows a user to store his or her personal information, including medical information, by inputting it into a database operated by us, such as through our NexHUB App (the “App”), then provide access to such personal information to other people, such health care providers, via a private website that is accessed when the QR code printed on the user’s NexID wristband is scanned (the user’s “Service Website”). Please also refer to Nexus Health’s Privacy Policy for information about our data handling practices for the Service [https://nexushealth.ca/policies/privacy-policy\].

By accessing or using the Service, you confirm that you (including your parent or guardian, if you are a minor) agree to these Terms and Conditions and Privacy Policy, and the End-User License Agreement (EULA) for any version of App you use If you do not agree with any part of these Terms or Conditions or the Privacy Policy, or any applicable EULA, you may not access or use the Service.

2. Changes to the Agreement

We reserve the right to modify or replace these Terms and Conditions at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service or the App.

3. Registration

When you register an account for the Service, you guarantee that the contact information that you provide to us is accurate, complete, and current.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your mobile phone and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. Pricing and Specifications

We are constantly adjusting the Service and the App and thus we cannot and do not guarantee their prices, specifications, or availability. We reserve the right to change prices or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

5. Payments and Cancellation

To pay for Nexus Health products and services, such as NexID wristbands and subscriptions for the use of the App, you may be asked to supply certain payment information including, your credit card number, the expiration date of your credit card, and your billing address. The Service may employ the use of third-party services for the purpose of facilitating payment. By submitting your information, you grant us the right to provide the information to these third parties subject to Nexus Health’s Privacy Policy. Credit card information is always encrypted during transfer over networks.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any payment and that (ii) the information you supply is true, correct and complete. We reserve the right to refuse or cancel your order if we, in our sole discretion, suspect fraud or an unauthorized or illegal transaction.

We reserve the right to refuse or cancel your order at any time for any reason such as product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

6. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, for example if you breach these Terms and Conditions, or if Nexus Health decides to discontinue offering the Service. Upon termination, your right to access and use the Service will immediately cease.

All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

7. User Information

You retain all rights and ownership of your personal information that you provide to make use of the Service, including information entered through the App. However, you grant us a license to store and use this information for the purpose of providing you with the Service and other related purposes, including but not limited to sending you notifications relating to your account, or for monitoring your use of the Service for security purposes.

In addition, you understand that your Service Website can be viewed by anyone with access or who has had access to the QR code linked to your account. As such, in non-emergency situations, you should only allow those that you trust to scan your QR code.

The Service allows you to enter the contact information of one or more emergency contacts. You agree to obtain the consent from each of your emergency contacts to include this information in your NexID account and to allow this information to appear on your Service Website. You further agree not to use the App or the Service to harm yourself or any third party. For example, you shall not enter information to purposely hack, scam, or commit fraud against a third party. You agree to indemnify Nexus Health in accordance with Section 10 below for any liability arising from any failure to obtain adequate consent or from your abuse of the App or the Service.

Nexus Health takes your privacy seriously. For details about how we handle your personal information, please consult Nexus Health’s Privacy Policy. You must agree to Nexus Health’s Privacy Policy in order to use the Service (including using the App).

8. Intellectual Property and Limited License

The “Nexus Health Inc.” and “Nexus Health” names, designs and logos are owned by Nexus Health. In addition, the Service, App and all content and components of the Service and App, including their designs, source code, graphics, and interfaces are owned by Nexus Health and protected under intellectual property laws. You agree that you will not copy, use, scrape, distribute or exploit any of the above property or materials (either in part or in whole) except as expressly permitted by these Terms and Conditions.

The Service is being licensed, and not sold, to you. Therefore you are hereby granted a limited license to access the Nexus Health database solely for your personal use of the Service. You agree not to, at any time, decompile, disassemble, reverse engineer, hack into, scrape information or data from, or make any modifications to or adaptations of the Service (either wholly or in part), or attempt to do any of the above, without explicit permission from Nexus Health. We reserve the right to terminate your registration and ability to use and access the Service if you are found to be engaging in any of these activities.

9. No Warranty, Disclaimer of liability

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS BEING PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. TO THE GREATEST EXTENT ALLOWABLY BY LAW, NEXUS HEALTH DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS.

YOU AGREE AND ACCEPT THAT USE OF THE SERVICE IS AT YOUR RISK, AND THAT NEXUS HEALTH SHALL NOT BE LIABLE FOR ANY HARM OR DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING BUT NOT LIMITED TO ANY BODILY INJURY OR DEATH ARISING FROM ANY MALFUNCTION OR OUTAGE OF THE SERVICE. YOU FURTHER AGREE THAT YOUR ACCEPTANCE AND ASSUMPTION OF THESE RISKS SHALL BE BINDING ON YOUR HEIRS, EXECUTORS, POWERS OF ATTORNEY, GUARDIANS, ADMINISTRATORS, AND ESTATE.

In no event shall Nexus Health, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service, or any unauthorized access, use or alteration of your information, whether based on warranty, contract, tort (including negligence) or any other legal theory.

10. Indemnification

You agree to release, defend, indemnify and hold harmless Nexus Health and its employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service or the App, by you or any person using your account and password or b) a breach of these Terms and Conditions.

11. Severability and No Waiver

Any provision in these Terms and Conditions that is found to be invalid or unenforceable shall not impact the enforceability or validity of the remainder of these Terms and Conditions.

The failure by Nexus Health to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights.

12. Governing Law

You acknowledge that these Terms and Conditions are to be interpreted in accordance with the laws of Ontario and Canada.

11. Contact Information

If you have any questions about these Terms or Conditions, please contact us at info@nexushealth.ca.

If you have any questions about these Terms or Conditions, please contact us at info@nexushealth.ca.