Terms and Conditions

This Terms and Conditions document was last updated on Mar. 22, 2024.

Please read these Terms and Conditions carefully before selecting the “I Agree” button, downloading, or using the Service.

Interpretation and Definitions

Interpretation

Words for which the initial letter is capitalized have meanings as defined below. The following definitions shall have the same meaning regardless of whether they appear in singular or plural form.

Definitions

  • “Account” refers to a unique account created for a User to access the Service or parts of the Service.

  • “Agreement” refers to these Terms and Conditions, which dictate the agreement between the User and the Company relating to the use of the Service.

  • "Application Store" refers to the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Service has been downloaded to your Device, if applicable.

  • “Company” (referred to as either "the Company", "Us", “We”, or "Our" in this document) refers to Quip Medical Inc.

  • “Country” refers to the country of Canada.

  • “Device” refers to any device that can access the Service such as a computer, a cell phone, or a digital tablet.

  • “Participating Party” refers to any individual that is actively engaged in the operation of the Service, and dependent on use cases can also refer to the User. In other words, this refers to any individual that is speaking while the User has chosen to enable the audio recording aspect of the Service.

  • "Personal Data" is any information that is associated with an identified or identifiable individual.

  • “Service” refers to the Quip application.

  • “User” (referred to as a “User”, “You”, or “Your” in this document) refers to the individual that is directly operating the Service, or the legal entity on behalf of which an individual is operating the Service.

Acknowledgment

These Terms and Conditions govern the use of the Service and the agreement held between You and the Company. This document sets out the rights and obligations of all Users pertaining to the use of the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. You may not access the Service in any capacity if You are in disagreement with any part of these Terms and Conditions. These Terms and Conditions apply to all individuals that access or use the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

In addition to these Terms and Conditions, Your use of the Service is also reliant on Your acceptance of and compliance with Our Privacy Policy and End-User License Agreement. Please read the aforementioned documents carefully in conjunction with these Terms and Conditions. The Privacy Policy provides additional information on Our management of data and privacy, and the End-User License Agreement contains additional terms which You agree to be bound to along with the terms laid out in these Terms and Conditions. Your agreement with these Terms and Conditions or download or use of the Service will qualify as Your acceptance of and agreement to comply with these Terms and Conditions, the Service’s End-User License Agreement, and the Service’s Privacy Policy.

Payment

You agree to pay Us the applicable subscription fee at or before each previously stipulated payment date, as per the external agreement that has been previously reached between You and the Company. All initial and recurring fees should be sent in a timely manner via INTERAC e-Transfer to the address: quipmedical@gmail.com, unless differing arrangements have been otherwise agreed upon by both You and the Company. Your account may be suspended or terminated in the event that a payment is not received by the expected payment date without prior notice or liability to You.

User Accounts

All Users must have an associated Account in order to access and use the Service. At the time of Account creation, You verify that the information that You provide is accurate, complete, and current. Failure to do so constitutes a breach of these Terms and Conditions, and may result in Account suspension or termination without prior notice or liability to You.

All Users must provide a Google account to link to the Account to be created with the Service, where a sign-in to the linked Google account also effectively signs You in to Your Account. Only one Account can be made using any given Google account. By providing Us with a Google account at the time of Account creation, You verify that the Google account provided is owned and/or controlled by You. Linked Google account credentials are not in any way seen or interacted with by Us, and We have no responsibilities to or liability for the safeguarding and security of such credentials.

In the event of any suspected or confirmed breach of security or unauthorized use of either Your Account or Your linked Google account, You must notify Us immediately.

Data

Any data uploaded through the Service is not in any way reviewed or screened by the Company. The Company does not claim any ownership or intellectual property rights over any data that is uploaded through the Service. Uploaded data will not be used for any promotion, distribution, public display, or any otherwise similar use cases.

Data collected through the Service is done so under the sole discretion of the User and any applicable Participating Parties, under no liability from Us. We also hold no responsibility or liability for the collection of any consent or permissions from Participating Parties, nor do We prescribe whether such consent or permissions are to be collected, where applicable.

Dispute Resolution

If any claim, dispute or controversy occurs between Quip Medical Inc. and a User relating to the interpretation or implementation of any of the provisions of these Terms and Conditions, such dispute shall be resolved by private, confidential, and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either the User or Quip Medical Inc. Arbitration shall be held in the Country unless otherwise agreed upon by the parties. The arbitration procedure to be followed shall be agreed upon by the parties or, in the absence of such an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

Changes to these Terms and Conditions

The Company reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time. For material revisions, We will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company. 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.

Assignment

We may assign or delegate these Terms and Conditions, in whole or in part, to any person or entity at any time with or without Your consent and without prior notice to You.

You may not assign or delegate any rights or obligations under these Terms and Conditions without prior written consent from the Company, and any unauthorized assignment and delegation is void.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Conditions and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Entire Agreement

These Terms and Conditions, in conjunction with the Service’s Privacy Policy and End-User License Agreement, which are henceforth incorporated by reference, constitute the entire agreement between You and Quip Medical Inc. and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of these Terms of Use and the Service’s Privacy Policy and End-User License Agreement.

Contact Us

For questions, inquiries, or complaints concerning these Terms and Conditions, you can contact us by sending an email to the following address: contact@quipmedical.org.