Canada

AEROLIV* End-User License Agreement

This Mobile Application End User Licence Agreement ("Agreement") is a binding agreement between you ("you") and Trudell Medical International (“Trudell”) an Ontario (Canada) registered business name.

This Agreement governs your use of the AEROLIV™ mobile application, on the iOS, Android or other applicable mobile platform, together with all related documentation, hereinafter the "App". The App is licensed, not sold, to you.

By downloading and using the App, you:

(a) acknowledge that you have read and understand this Agreement;

(b) represent that you are of legal age to enter into a binding agreement and in no event less than 18 years of age; and

(c) accept this Agreement and agree that you are legally bound by its terms.

 

The use of the App requires OS Android 10, 11, 12, 13 or 14 and iOS 16 and 17.

 

If you do not agree to the provisions of this Agreement, do not download or use the App and, if downloaded, delete it from your mobile device.

 

Please print or otherwise retain a copy of this Agreement for your records.

 

Changes to this Agreement.

We may modify this Agreement from time to time, subject to applicable law. If we make material changes to the Agreement, we will provide you with notice through our App, or by other means. Where required by applicable law, such notice will be provided to you at least 30 days prior to coming into force. If you object to any changes, you may close your account and should cease using and delete the App. Your continued use of our App after we publish or send a notice about our changes to this Agreement means that you are agreeing to the updated Agreement as of its effective date.

 

Licence Grant.

Subject to the terms of this Agreement, Trudell grants you a limited, non-exclusive, non-sublicensable and non-transferable licence to:

(a) download, install, and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (Mobile Device") strictly in accordance with the App's instructions, manual and / or other documentation concerning its use (whether provided online or otherwise); and

(b) access, stream, download, and use on such Mobile Device the Content (as defined below) made available in or otherwise accessible through the App, strictly in accordance with this Agreement and the Terms of Use (as defined below) applicable to such Content as set forth below.

 

Licence Restrictions.

You shall not:

  1.  
    1. copy the Content (as defined below) and/or App (together the "Services");
    2. modify, translate, adapt, or otherwise create derivative works or improvements of the Services;
    3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to any  source code or object code of any part of the Services  or any part thereof;
    4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof;
    5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the  Services, or any features or functionality of the  Services, to any third party for any reason, including by making the  Services available on a network where it is capable of being accessed by more than one device at any time; or
    6. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services.

 

Reservation of Rights.

You acknowledge and agree that the Services are provided under licence, and not sold, to you. You do not acquire any ownership interest in the Services under this Agreement, or any other rights thereto other than to use the Services in accordance with the licence granted, and subject to all terms, conditions, and restrictions, under this Agreement. Trudell and its licensors and service providers own, reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

No Medical Advice

The Services do not provide medical advice and do not treat or diagnose any respiratory ailment and do not constitute an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate or effective for you, nor should the Services be considered as a substitute for professional opinion from a medical professional.  Before acting on recommendations that may be made by the Services, whether pertaining to the management of your respiratory condition or use of any medical device, you must first discuss this with your healthcare provider.

Collection and Use of Your Information.

You acknowledge that when you download, install, or use the Services, Trudell may use automatic means (including, for example, cookies and other monitoring technologies) to collect information about you, your Mobile Device and about your use of the Services, when this is strictly necessary for the provision of the Services. We will request your consent for any non-essential cookies and other monitoring technologies we would like to use. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Services or certain of its features or functionality, and the Services may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this App is subject to our Privacy Policy, located at https://trudellmed.com/ca/en-CA/aeroliv-privacy-policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Use of the App on Behalf of Someone for whom you are Responsible.

If you wish to use the App on behalf of someone for whom you are responsible (for example someone for whom you act as a care giver) we will generally need their consent to process their Personal Health Information (as defined in the Privacy Policy). When you set up a profile for another user, we will therefore ask you to provide us with their contact details, so we can request their consent. If you are using the App to create a profile for another individual, it is therefore important that you ensure they are aware of and consent to you using the App in this way and providing us with their Personal Health Information. The only exception is if you are using the App on behalf of a child (i.e., an individual below the age of 18 years) and you are the parent or guardian of that child, in which case we will treat your creation of a profile for the child or your email confirmation as your authorization on their behalf to process their Personal Health Information, subject to applicable laws which may allow us to obtain such consent directly from that child if they are a certain age (i.e., 14 years or older).

 

Content

The App may provide you with access to Trudell's website located at www.trudellmed.com ("Website") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the App may be hosted on the Website (collectively, "Content "). Your access to and use of such Content are governed by the Website's terms of use ("Terms of Use") and Privacy Policy located at [Terms of Use] and [Privacy Policy], which are incorporated herein by this reference. Your access to and use of such Content may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the App's features and functionality. Any breach of such Terms of Use will also be deemed a breach of this Agreement.

 

Geographic Restrictions

The Content is made available by us from the province of Ontario, Canada and provided for access and use only by persons located in Canada. You acknowledge that you may not be able to access all or some of the Content outside of Canada and that access thereto may not be legal by certain persons or in certain countries. If you access the Content from outside Canada, you are responsible for compliance with local laws.

 

Updates

Trudell may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality, subject to applicable law. You agree that Trudell has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

  1. the App will automatically download and install all available Updates; or
  2. you may receive notice of or be prompted to download and install available Updates.

 

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.

 

Third-Party Materials.

The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Trudell is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Trudell does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

 

Term.

The term of Agreement commences as of the earlier of the date you download the App or you acknowledge your acceptance of the terms herein and will continue in effect until terminated by you or Trudell as set forth below.

 

Termination.

You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device.

 

Trudell may terminate this Agreement at any time without notice if it ceases to support the App, which Trudell may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you breach any of the terms and conditions of this Agreement.

 

Upon termination:

(a) all rights granted to you under this Agreement will also terminate; and

(b) you must cease all use of the Services and delete all copies of the Services from your Mobile Device and account.

 

Termination will not limit any of Trudell's rights or remedies at law or in equity.

 

Disclaimer of Warranties.

To the maximum extent permitted under applicable law: (A) the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the App, including all implied warranties of merchantable quality, durability, fitness for a particular purpose, title, and non-infringement; and (B) the App is provided “as is” and the Company provides no warranty or undertaking, and makes no representation of any kind that the App will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

 

Limitation of Liability.

 

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both Trudell and you knew it might happen.

If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions advised by us or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The Services are for domestic and private use. If you use the Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Provided that we have acted with an appropriate level of diligence, we do not accept responsibility for losses not caused by any breach by us of the terms of this Agreement or otherwise by our acts and events beyond our reasonable control, including, without limitation, any incidental, indirect, special, exemplary or consequential damages.

To the maximum extent provided for under applicable law, our total monetary liability for any liability arising from or connected with any of the Services, whether based in negligence, contract, or otherwise, will not exceed twenty-five Canadian Dollars ($25 CAD).

Severability.

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

 

Governing Law.

This Agreement, including your and Trudell’s rights and liabilities, is governed by and construed in accordance with the domestic laws of the province of Ontario and federal laws of Canada applicable in the province of Ontario.  To the maximum extent permitted under applicable law, any legal action or proceeding arising out of or related to this Agreement or the Services shall be instituted exclusively in the courts of competent jurisdiction in the province of Ontario located in the City of London, Ontario, Canada. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Entire Agreement.

This Agreement and our Privacy Policy constitute the entire agreement between you and Trudell with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.

 

Waiver.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

 

Contact us.

If you have any queries, complaints or claims with respect to the App, please contact us at:

Customer service may be reached by e-mail, or telephone as follows:

Hours of operation: Monday - Friday, 08:30 - 16:30 EST

Canada: Telephone: +1-519-455-4862 Toll free: +1-866-510-0004

Email:customerservice@tmimd.com

International Tel: + 1-519-455-7060

Address: Customer Service 725 Baransway Drive London, Ontario, CANADA N5V 5G4

 

Language. – Quebec residents only

You confirm that you accept that this Agreement as well as all other documents relating to this Agreement, including notices, be drawn up in English only, at your request and after you have had the opportunity to review a French version of the Agreement. Vous confirmez que vous acceptez que la présente convention de même que tous les documents, y compris les avis s’y rattachant, soient rédigés en anglais seulement, à votre demande et après que vous aillez eu l’occasion de réviser une version en français de la présente convention.

Apple terms.

The following terms also apply if you acquired the App from Apple’s App Store:

  • You and Trudell acknowledge that this Agreement is entered into between You and Trudell only, and Apple is not a party to this Agreement.
  • The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. 
  • You and Trudell acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Trudell, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • Trudell is solely responsible for the App and its content.
  • Trudell is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement or as required under applicable law. You and Trudell acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  • Trudell is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Trudell’s sole responsibility.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • You and Trudell acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
  • Trudell and you acknowledge that Trudell, not Apple, is responsible for addressing any claims brought by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.