Terms of Use and End-User License Agreement

Last updated: July 30, 2026Version française

1. Acceptance

These terms form an agreement between you and ExoFlex Inc. ("ExoFlex", "we", "us"), a company established in Quebec, Canada. By installing, activating or using an ExoFlex device, its embedded software, our applications or this website, you accept these terms. If you are accepting on behalf of a clinic, hospital or other organization, you represent that you have the authority to bind that organization.

If you do not accept these terms, do not use the software.

2. Licence grant

ExoFlex grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to use the software and firmware supplied with an ExoFlex device, solely:

  • on the device with which it was supplied;
  • for the rehabilitation purposes for which the device is intended; and
  • in accordance with the accompanying documentation.

The software is licensed, not sold. All rights not expressly granted are reserved.

3. Restrictions

You may not:

  • copy, modify, translate or create derivative works of the software, except as permitted by applicable law;
  • reverse engineer, decompile or disassemble the software, except to the extent that such a restriction is prohibited by applicable law;
  • rent, lease, lend, sell, sublicense or otherwise transfer the software or the licence;
  • remove or alter any proprietary notice, serial number or safety label;
  • use the software with hardware other than the ExoFlex device for which it was supplied, or with unauthorized replacement parts;
  • bypass, disable or interfere with safety features, usage limits or access controls;
  • use the device or software in a manner inconsistent with its intended use or with the instructions for use.

4. Ownership

ExoFlex and its licensors retain all intellectual property rights in the devices, software, firmware, documentation, trademarks and website content. Data generated about a patient during rehabilitation sessions belongs to the patient and, as applicable, forms part of the clinical record held by the treating organization; our handling of that data is described in our Privacy Policy.

5. Intended use and clinical responsibility

ExoFlex devices are intended to support rehabilitation for people with reduced mobility, under the supervision or direction of a qualified healthcare professional, in accordance with the instructions for use.

The software does not provide medical advice, diagnosis or treatment decisions, and it does not replace the judgment of a healthcare professional. Session measurements and progression reports are informational inputs to clinical judgment. You are responsible for determining whether use of the device is appropriate for a given patient, for supervising its use as required, and for responding to any adverse reaction.

Stop use and consult a healthcare professional if the device causes pain, unusual discomfort or any unexpected reaction.

Regulatory status. ExoFlex devices are at the prototype stage. They are not licensed as medical devices by Health Canada, and they are not cleared or approved by the United States Food and Drug Administration. They are made available only for evaluation, demonstration and research purposes, under the supervision of qualified personnel. This section will be updated when that status changes.

6. Your responsibilities

  • Provide accurate information, and keep account credentials confidential.
  • Where you enter information about a patient, ensure you have obtained the consent or other lawful basis required in your jurisdiction.
  • Use the device and software in compliance with applicable laws, professional obligations and institutional policies.
  • Keep the software updated, since updates may include safety corrections.
  • Notify us promptly of any suspected security incident, malfunction or adverse event.

7. Updates

We may provide software or firmware updates, including automatically. Updates are governed by these terms unless accompanied by separate terms. We may cease supporting older versions.

8. Third-party components

The software may include third-party or open-source components licensed under their own terms, which prevail over these terms in respect of those components. The applicable third-party and open-source licence notices are available on request from olivier.jackson@exoflex.ca.

9. Warranty

Any limited hardware warranty applicable to your device is set out in the documentation or purchase agreement accompanying it. Apart from that warranty and from any warranty that cannot be excluded under applicable law — including the warranties provided by the Consumer Protection Act in Quebec — the software is provided "as is", without warranty of any kind, including as to merchantability, fitness for a particular purpose, or uninterrupted or error-free operation.

10. Limitation of liability

To the extent permitted by applicable law, ExoFlex is not liable for indirect, incidental, special or consequential damages, nor for loss of data, revenue or profits, arising from use of the software. Our total liability under these terms is limited to the amount you paid for the device and software during the twelve months preceding the event giving rise to the claim.

Nothing in these terms excludes or limits liability for bodily injury caused by our fault, for fraud, or for any other liability that cannot be excluded under applicable law.

11. Indemnification

You agree to indemnify ExoFlex against claims arising from your use of the device or software in breach of these terms, in breach of applicable law, or outside the intended use.

12. Term and termination

The licence remains in effect until terminated. It terminates automatically if you breach these terms in a material way. We may also terminate or suspend access where required for safety or legal reasons. On termination, you must stop using the software. Provisions relating to ownership, warranty disclaimers, liability and governing law survive termination.

13. Governing law

These terms are governed by the laws applicable in the Province of Quebec, Canada. The courts of the judicial district of Québec have exclusive jurisdiction, subject to any mandatory rule granting you the right to sue in your place of residence.

14. Changes to these terms

We may modify these terms. The date at the top of this page indicates the most recent revision. Continued use after a material change constitutes acceptance, where permitted by law.

15. Contact

ExoFlex Inc. — olivier.jackson@exoflex.ca