Terms of Service

Welcome to the SmartMED mobile application, property of Imaginauts Corp. (referred to hereafter as “we”). You are attempting to (a) install the mobile application (“App”) and/or (b) access the website located at smart-med.net (“Website”) provided by Imaginauts Corp. Together the application and website are to be referred to below as the “Applications”.

1. By downloading or using the App, or accessing the Website, you agree that you have read and understood the following terms of use and agree to be bound by them. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE EXIT FROM THE APP OR WEBSITE AND REFRAIN FROM ANY FURTHER USE OR ACCESS TO THE APPLICATIONS.

2. We withhold the right to modify these terms of use at any time by posting the revised terms of use on the Applications. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of these terms of use. Any modifications will be effective immediately upon such posting. You use of or access to the Applications after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the foregoing, any modifications to these terms of use shall not apply to any dispute between use arising prior to the date on which we post the revised terms of use that contain such modifications.

3. We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify, suspend or discontinue the Applications; and/or offer opportunities to some or all users of the Applications. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Applications, in whole or in part, or of any service, content, feature or product offered through the Applications (but feel free to let us know your feelings if you so choose).

4. MEDICAL DISCLAIMER; NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE OR ADVICE.

THE APPLICATIONS AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE APPLICATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. YOUR USE OF THE APPLICATIONS IS VOLUNTARY AND AT YOUR SOLE RISK. So use the applications as an extension of yourself, rather than a replacement for responsible action.

THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATIONS IS GENERAL IN NATURE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE. IT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED, AND SHOULD NOT BE USED, TO REPLACE THE ADVICE OF HEALTH CARE PROFESSIONALS. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON THE APPLICATIONS AND THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATIONS, AND FOR ALL DECISIONS OR ACTIONS RESULTING FROM YOUR USE OF THE APPLICATIONS AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY DECISION TO USE THE SERVICES OF ANY PARTICULAR THIRD-PARTY PROVIDER. IF YOU HAVE SPECIFIC HEALTH CARE NEEDS, OR FOR COMPLETE HEALTH INFORMATION, PLEASE SEE A REGISTERED HEALTH CARE PROVIDER.

YOU AGREE TO ACCURATELY SUBMIT INFORMATION IN A MANNER THAT DIRECTLY IMPLEMENTS THE INSTRUCTIONS OF YOUR HEALTH-CARE PROFESSIONAL AND TO FOLLOW ANY SUBSIDIARY MEDICAL ADVICE AND INSTRUCTIONS THAT ACCOMPANY THEIR ADVICE. YOU ALSO AGREE TO STRICTLY FOLLOW THE DIRECTIVES OF THE PRESCRIPTION AS PROVIDED BY YOUR PHARMACIST AND/OR ANY OTHER QUALIFIED HEALTH CARE PROFESSIONAL.

5. LICENSE

SmartMED and Imaginauts Corp grants to you a limited, royalty-free, non-exclusive, personal and non-transferable, license to install and use the App on a single personal mobile electronic device or smartphone owned or controlled by you solely for your own personal, non-commercial purposes, subject to your compliance with these terms of use.

6. OWNERSHIP OF THE APPLICATIONS

The Applications (including any content made available through the Applications) are the property of Imaginauts Corp (or its licensors) and are protected by applicable intellectual property laws. The App is licensed, not sold, to you. You may utilize the Applications only as permitted by these terms of use. You may not, and will not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of the Applications; (2) use or merge the Applications, or any component or element thereof, with other software, databases or services not provided by Imaginauts Corp; (3) sublicense, distribute, sell or otherwise transfer the Applications to any third part; (4) use the App as a service bureau, or lease, rent or loan the Applications to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Applications; (6) interfere in any manner with the operation of the Applications; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Applications; (8) create a database by systematically downloading and storing the Applications unless explicitly granted by Imaginauts; (9) use any robot, spider, site search/retrieval application or other use of the Applications for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Applications unless explicitly granted by Imaginauts. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Applications.

7. TRADEMARKS

Any logo, trademark, service mark, domain name, or trade name appearing on the Applications, including “SmartMED” or “Imaginauts Corp,” (“Marks”), whether registered or not, are the property of Imaginauts or their respective owners. You may not use any Marks without the expressed written permission of Imaginauts Corp.

8. INFORMATION THAT YOU SUBMIT

You acknowledge and agree that every submission of information through the Applications is accurately represented and warranted in connection with your use of the Applications is and shall remain true, and that you will maintain and update such information regularly. You agree that if any information that you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Applications. You hereby grant to Imaginauts Corp and its service providers and designees a worldwide, non-exclusive, transferable, sub licensable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt, create derivative works of, transmit, in any Applications now known or hereafter developed.

9. MONITORING

You acknowledge and agree that (a) we reserve the right to do any or all of the following, at our discretion: (i) monitor information submitted; (ii) alter, remove, or refuse to allow information submitted; and/or (iii) disclose any information submitted to third and tertiary parties.

You hereby permanently and irrevocably renounce any proprietary rights to all information submitted using the Applications.

10. LIMITATION OF LIABILITY

IMAGINAUTS CORP AND ITS AFFILIATES MAY NOT BE HELD LIABLE UNDER ANY PROVISION OF THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES, OR FOR ANY OTHER DAMAGES.

11. JURISDICTION AND CHOICE OF LAW CLAUSE

You agree that this Agreement will be governed and shall be interpreted in accordance with the laws of the Canadian province of Ontario, and that the parties shall submit all disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the courts of the Canadian province of Ontario.

QUESTIONS

You may contact SmartMED at contact@smart-med.net with any questions, complaints, or claims regarding the Applications.