Terms of use of the Medfuture platform

1. INTRODUCTION AND SCOPE

These terms of use of the Platform (the " Platform Terms of Use ") constitute a legal agreement between you ( you "or the " User ") and MEDFUTURE CLINIC INC. (" Medfuture ", " we", "us" or " our" ) that governs your use of our online service platform (the "Platform"). Platform and our mobile application from which you can access our Platform (the "Application "), collectively with the Platform, the " Service ").

PLEASE READ ALL THE TERMS OF USE OF THE PLATFORM CAREFULLY BEFORE SUBSCRIBING OR BROWSING THE SERVICE.

2. ACCEPTANCE OF THE TERMS OF USE OF THE PLATFORM

By creating an account on the Service and clicking the "accept" button, you accept and agree to be bound by and comply with these Platform Terms of Use. If you do not wish to be bound by them, you must not access or use the Service.

You represent and warrant that you are at least 14 years of age. If you do not meet this requirement, you must not access or use the Platform.

3. USER RIGHTS AND LICENCES

Subject to these Platform Terms of Use, Medfuture hereby grants Users, for as long as their account on the Platform or the Application, as the case may be, is in effect, access rights to browse and use the Platform and a license to install, browse and use the Application, all for their personal use only.

4. USER ACCOUNT AND PASSWORD

In order to use the features of the Platform, you must create a user account.

You represent and warrant that the information you provide is accurate and complete and that you will promptly update your account if any of this information changes. It is your responsibility to protect the confidentiality of your user account and password.

To create a user account, you must provide certain information such as :

First name;
Last name;
E-mail address;
Telephone number;
Date of birth.

We reserve the right to deactivate your user account in the event of any breach by you of the obligations, terms and conditions of these Platform Terms of Use.

5. LONGEVITY AND HEALTH AND WELLNESS SERVICES OF THE PLATFORM

Under no circumstances should you use the Service during a medical emergency. In the event of an emergency, call 911 immediately or go to the nearest hospital or health centre.

The services offered by Medfuture as part of its longevity clinic are intended to guide you in taking charge of your health with the goal of living a long life and to recommend products and services that will help you achieve your goal. You acknowledge that you are free to accept or refuse Medfuture's recommendations at any time and remain solely responsible for your health choices.

The services offered by Medfuture on the Service are subject to the same terms and conditions of sale as on the website and you can read them here:

In addition to the Professional services available on the Service, Medfuture provides access to various information features related to your health and wellness, including, but not limited to

a) the evolution of your biological age;

b) partial or full personalized action plans;

d) analyses using partner or proprietary algorithms;

(e) self-assessment questionnaires.

(collectively, the " Information Devices ")

All Information Devices made available to you on the Service do not constitute medical advice, diagnosis or treatment. Some Information Devices are the result of expert systems and/or algorithms based on scientific data, data collected through connected objects, applications such as Apple Health© and information you have provided to us. The Information Devices only present health and wellness information and are not a substitute for professional medical advice. You should never start or stop any treatment based on the Information Devices. The Information Devices may contain reports and statistics that may cause you anxiety. You are strongly advised not to take any action based on your interpretation of the Information Devices without first obtaining the advice of a health care professional.

The content of the Service is provided for general information purposes only. Claims made on descriptions of services or products that Medfuture may recommend to you are not intended to diagnose, treat, cure or prevent any disease. This information is provided for informational purposes only and is not intended to replace the advice of a physician or other health care professional or the information contained on or in the product labels or packaging. You should not use this information for diagnosis or treatment of a medical condition or for the prescription of any medication or other treatment. You should not disregard professional medical advice or delay in seeking it because of the information provided to you on the Service. In addition, you should not interpret your report, test results or other content as a recommendation for a specific treatment plan, product or course of action.

The services provided by Medfuture are intended to enhance your well-being and are not intended to provide medical advice, diagnosis or treatment.

Medfuture undertakes to perform its services in accordance with applicable Quebec and Canadian laws and according to the rules of the trade. Medfuture will only recommend products that are authorized by Health Canada or any other regulatory body with jurisdiction in Canada, or that have a very high level of scientific evidence.

While we make reasonable efforts to update the information on our Service, we make no representations, warranties or assurances, express or implied, that the content on our Service is accurate, complete or current. The Service may include content provided by third parties, including other Users and third party licensors. Any statements and/or opinions expressed in such third party content, other than content provided by Medfuture, are solely the opinions and responsibility of the person or entity providing such content. Such content does not necessarily reflect the opinion of Medfuture. Neither Medfuture nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third party content.

6. INTELLECTUAL PROPERTY

You understand and agree that the Service and all of its content, features and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection and arrangement, are the property of Medfuture, its licensors, or other providers of such material and are protected in all forms by intellectual property laws, including, but not limited to, copyrights, trademarks, patents, trade secrets.

The Medfuture name, the Medfuture logo and all related names, logos, product and service names, designs, images and slogans are trademarks of Medfuture or its subsidiaries or licensors. You may not use these marks without the prior written permission of Medfuture. Other names, logos, product and service names, designs, images and slogans mentioned or appearing on the Service are the trademarks of their respective owners. Use of these properties, except as expressly authorized, is an infringement or violation of the owner's rights and may be in violation of federal or other laws and could subject the infringer to legal action.

You may only use the Service for your own personal, non-commercial use in accordance with the access rights and licence granted in Section 3. You may not, directly or indirectly, reproduce, compile for an internal database, distribute, modify, create derivative works from, publicly display, publicly perform, republish, upload, store or transmit any material on our Service in any form or medium except:

a) your computer and browser may temporarily store or cache copies of the documents you have accessed and viewed;

(b) a reasonable number of copies for personal use only may be printed, retaining the proprietary notices, which may be used only for lawful, non-commercial personal purposes and not for further reproduction, publication or distribution of any kind in any medium; and

c) in the event that social media platforms are linked to certain content on our Service, you may take the actions that our Service and those third party social media platforms permit.

You may not modify copies of any material on the Service, nor may you remove or alter any copyright, trademark or other proprietary rights notices from copies of material on the Service. You may not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.

If you print, copy or download any part of our Service in breach of these Platform Terms of Use, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title or interest in or to the Service or any content on the Service, and all rights not expressly granted are reserved by Medfuture. Any use of the Service not expressly permitted by these Platform Terms of Use is a violation of these Platform Terms of Use and may infringe or violate copyright, trademark and other intellectual property laws.

7. YOUR OBLIGATIONS

By using the Service, and without limiting the generality of what is otherwise provided for in the Platform Terms of Use, you agree to: (i) comply with all applicable laws, including, without limitation, laws protecting privacy and intellectual property rights; (ii) provide us with accurate information and keep it up to date; and (iii) use the Service in a responsible and reasonable manner. In addition, you agree not to:

a) use the Service in any way to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party

b) use the Service to advertise or solicit any User;

c) use the Service to resell any product or service;

d) make commercial use of the Service;

e) knowingly introduce into the Service any viruses, Trojan horses, worms, logic bombs or other malicious or technologically harmful material or other harmful content;

f) include a link to the Service without our specific prior written consent;

g) impersonate or attempt to impersonate Medfuture or any Medfuture employee, other User or other entity (including, but not limited to, the use of email addresses or screen names that are associated with or deceptively similar to any of the foregoing);

h) use tools or other methods to extract, exploit or gather data from the Service;

i) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or that, as we shall determine, may harm Medfuture or Users of our Service or expose us or such other Users to liability;

j) use the Service in any manner that could disable, overburden, damage or impair the Service or interfere with any other party's use of the Service;

k) use the Service to send harassing or threatening messages to anyone;

l) use any robot, search engine or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any content of the Service or other materials on the Service;

m) attempt to penetrate the security measures of the Service or obtain or circumvent the passwords of other Users;

n) attempt to gain unauthorised access to, interfere with, damage or disrupt any part of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service; and

o) attack the Service via a denial of service attack or a distributed denial of service attack.

8. GEOGRAPHICAL SCOPE OF THE SERVICE

While the Service is available in all provinces and territories of Canada, not all products and/or services described on the Service are regulated or offered in all of these jurisdictions, as some jurisdictions may have different laws and regulations regarding such products and services. The type of services offered through the Service will depend on your province or territory of residence and where you are when you access the Service. You acknowledge and agree that the products, services or materials described on the Service, the information and products offered through the Service or any other services provided under the Platform Terms of Use are not offered or suitable for use outside of Canada.

We are based in the province of Quebec, Canada. We provide this Service only to persons located in Canada. This Service is not intended for use in any jurisdiction where its use is not authorized. If you access the Service from outside Canada, you do so at your own risk and are responsible for compliance with local laws in your jurisdiction.

9. CONFIDENTIALITY

We will treat as confidential all information obtained from you in the course of providing our Services and will not use or disclose such information except in connection with and for the purposes of providing such Services. This restriction does not apply to any information that we are required to disclose by law, that subsequently becomes public knowledge, that is or becomes known to Medfuture now or in the future without breach of any confidentiality obligation hereunder, or that is independently developed by Medfuture.

We are committed to protecting your personal information that we collect in the course of providing our services, all in accordance with applicable privacy laws. We only collect the personal information referred to in section 4 for the purpose of identify you in order to provide you with our Services and to create your user account.

For more information on privacy, please see Medfuture's privacy notice here.

10. THIRD PARTY WEBSITES

For your convenience, the Service may provide links to third party sites. We make no representations or warranties regarding any other websites accessible from the Service. If you choose to access these sites, you do so at your own risk. We have no control over the content of these third party sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. You are subject to all terms and conditions of such third party sites.

These links to third party sites from the Service may include links to certain social media features that allow you to connect with or post or transmit by yourself or using certain third party sites, certain content from the Service. You may only use these features where they are provided by us and only in relation to the content identified.

You may link to our home page provided you do so fairly and lawfully and do not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Service must not be presented on any other site, and you may not link to any part of our Service other than the home page. We reserve the right to withdraw permission to link without notice. The website to which you link must comply in all respects with the Platform Terms of Use. You agree to cooperate with us in causing any unauthorised framing or linking to cease immediately.

11. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR MATERIALS FOUND OR OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR MATERIALS FOUND OR OBTAINED THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, UNDER THE CONSUMER PROTECTION ACT WHERE YOU ARE A QUEBEC CONSUMER.

NEITHER MEDFUTURE, ITS PARENT, SUBSIDIARIES, AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS (AN " EXEMPT PARTY ") MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT AS TO THE COMPLETENESS, QUALITY, SAFETY, RELIABILITY, SUITABILITY, ACCURACY, TIMELINESS OR AVAILABILITY OF THE SERVICE OR ITS CONTENT OR AS TO THE RESULTS TO BE OBTAINED FROM THE SERVICE. WITHOUT LIMITING THE FOREGOING, NO EXEMPT PARTY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICE OR MATERIAL FOUND OR OBTAINED THROUGH THE SERVICEWILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE THAT THE FILES OR DATA AVAILABLE FOR DOWNLOAD ON THE INTERNET OR THE SERVICE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICE AND FOR THE SECURITY OF YOUR COMPUTER, THE INTERNET AND YOUR DATA. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL OF SERVICE ATTACK, DISTRIBUTED DENIAL OF SERVICE ATTACK, OVERLOAD, FLOOD, MAIL BOMB OR CRASH, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICE OR MATERIAL FOUND OR OBTAINED THROUGH THE SERVICE OR BY DOWNLOADING ANY MATERIAL DISPLAYED ON IT OR ON ANY SERVICE LINKED TO IT.

WE CANNOT GUARANTEE THAT BY USING THE SERVICES OF OUR LONGEVITY CLINIC YOU WILL ACTUALLY INCREASE YOUR LONGEVITY. THE SERVICES ARE INTENDED TO BE SOLELY A MEANS OF HELPING TO CREATE THE CONDITIONS FOR A LONG LIFE.

12. LIMITATION OF LIABILITY

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, INCLUDING UNDER THE CONSUMER PROTECTION ACT WHERE YOU ARE A QUEBEC CONSUMER, IN NO EVENT SHALL AN EXEMPT PARTY BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, INVASION OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY HAD ACTUAL KNOWLEDGE OR REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, OR RELIANCE ON THE SERVICES, ANY SERVICE OR ANY OTHER THIRD PARTY WEBSITE, AND ANY CONTENT, MATERIALS, POSTINGS OR INFORMATION ON THE SERVICEEVEN IF THE PARTY HAD ACTUAL KNOWLEDGE OR REASON TO KNOW.

WE DO NOT VERIFY THE DATA OBTAINED AND/OR COLLECTED FROM DEVICES AND/OR APPLICATIONS THAT YOU CONNECT TO OUR SERVICE AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGES CAUSED BY THE RESULTS PROVIDED BY THE SERVICE AND DERIVED FROM SUCH DATA.

THE SERVICE DOES NOT OFFER MEDICAL ADVICE. NOTHING IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. THE CONTENT IS NOT INTENDED TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT OR SERVICE, NOR IS IT INTENDED TO ENDORSE OR GUARANTEE THE QUALIFICATIONS, CREDENTIALS OR APPROPRIATENESS OF ANY HEALTH CARE PROVIDED, LINKED OR ADVERTISED ON THIS SERVICE. THE SERVICES ARE IN NO WAY A MEDICAL PROGRAM AND ARE NEVER INTENDED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. IF YOU BELIEVE YOU HAVE A HEALTH PROBLEM, PLEASE CONSULT A HEALTH CARE PROFESSIONAL.

13. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless an Exempt Party from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Platform Terms of Use or your use of the Service, including, but not limited to, third party sites, any use of the content, services and products of the Service other than as expressly authorized in these Platform Terms of Use.

14. DURATION

Your right to use the Service begins on the date you accept these Platform Terms of Use and continues until your user account is closed (the " Term ").

15. APPLICABLE LAW AND JURISDICTION

The Service and these Platform Terms of Use shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to conflict of laws principles, and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to the Service and under the Platform Terms of Use shall be brought in the courts of the Province of Quebec, in the judicial district of Terrebonne (and/or the Federal Court of Canada in the case of an action relating to an intellectual property right) and each party irrevocably submits to the exclusive jurisdiction of such courts for any such action or proceeding. You waive any objection to the exercise of jurisdiction over you by such courts and to the jurisdiction of such courts.

16. UPDATE AND MODIFICATION

Applicable version. The Platform Terms of Use are effective as of the date mentioned at the beginning of these Platform Terms of Use and supersede any previous version. The version of the Platform Terms of Use applicable to you, as a User, is the latest version you have accepted by clicking on the "accept" button.

17. NOTICES, COMPLAINTS AND COMMUNICATIONS

Any notice required or permitted to be given under these Platform Terms of Use must be in writing and shall be deemed to have been validly given if sent by email or registered post to the following addresses

Customer Service - Medfuture Clinic Inc.
405-18005 Lapointe Street
Mirabel, Quebec J7J 0G2
Canada

E-mail address: [email protected]