Last Updated: May 14th, 2025
These terms and conditions of use (collectively, the “Terms”) constitute a legal agreement between you and MY01 Inc., (“MY01,” “Company,” “us”, “our” or “we”). These Terms apply to any services offered by MY01 (collectively, the “Services”) to you (“Individual”), as well as individuals authorized by MY01 to use the Services to deliver our offerings to you (“Providers”), (collectively, “Service Users.”) By accessing or using websites owned or operated by the Company, including the Company’s website located at https://my01.io/ (collectively “Site” or “Sites”) or receiving services supplied by us, including through use of the MY01 Continuous Compartmental Pressure Monitor device (“MY01 Device”), or by downloading, installing, accessing or using any application supplied by us (collectively “App” or “Apps”), you hereby expressly acknowledge and agree to be bound by these Terms, which include and incorporate by reference our Privacy Policy available at https://my01.io/privacy-notice/ as well as any future amendments and additions to these Terms as published from time to time on the Site. The Sites, services provided by us, and the Apps will be collectively referred to herein as the “Service.”
We reserve the right to modify these Terms at any time, effective upon posting of an updated version of these Terms on the Site or App. You are responsible for regularly reviewing these Terms. Continued use of the Service after any such changes shall constitute your consent to such changes.
IMPORTANT: PLEASE READ. WE ARE NOT A MEDICAL OR OTHER HEALTH CARE PROVIDER. WE ONLY PROVIDE A TOOL TO SUPPORT THE PROVISION OF MEDICAL OR HEALTH RELATED SERVICES BY PROVIDERS, AND AS SUCH, WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY PROVISION OR LACK OF PROVISION OF ANY MEDICAL OR HEALTH RELATED SERVICES.
The MY01 Device is an intracompartmental pressure device. The Service merely displays, stores and transmits data generated by the Device and does not itself diagnose, prescribe or replace clinical judgment. All medical care remains the sole responsibility of the treating provider.
1. The Service
1.1 Visitors/Subscribers
Only Providers who are authorized Service Users (those with an “Account”) can access and use all of the features and benefits of the Service. Certain functionality will only be available to those Service Users who agree to and fulfill the terms of MY01’s Master Terms and Conditions agreement. The Service allows Providers to utilize a cloud-based pressure monitoring platform for patient care, research, education or other authorized use. If you are a Provider, by using the Service, you agree to provide (i) true, accurate, current and complete information as prompted by the App, and (ii) maintain and properly update your information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, you may not receive the full benefit of the Service or any benefit, for that matter. If we have reasonable grounds to suspect that you have, or will violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Service and the App (or any portion thereof).
1.2 How to Use the Service and App
1.2.1. Use of the Service
The Service gives Providers the ability to utilize a cloud-based pressure monitoring platform for patient care, research, education or other authorized use. As an Individual, any health care that you receive from a Provider shall be between you and the Provider and we shall have no responsibility for such health care. In addition, we shall not be responsible for any inaccuracies, misrepresentations, mis-diagnoses, treatment or other acts or omissions of the Providers.
1.2.2. License
The Service is intended for your use in accordance with these Terms.
Your obligations under this license:
You agree that you will not (i) copy, display or distribute any part of the Site, App or Service, in any medium, without our prior written consent, or (ii) use the Site, App or Service in whole or part, or any benefit thereof, for any purpose inconsistent with these terms, including, but not limited to, selling, bartering, disposing or otherwise transferring any benefit obtained through the Service.
You further agree that you will not use any automated devices, such as web crawlers, spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the App, or otherwise exceed the limited access granted to you by us.
You will take no action to interfere with, interrupt, destroy or limit the functionality of the Service or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.
2. License Grant, Restrictions, and Copyright Policy
2.1. Licenses Granted by Us to Our Content and User Content
2.1.1. Content License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license: (i) to view, download and print any text, graphics, images, audio, video, information or other materials (collectively, “Content”) that we make available through the Service, including any Content licensed from a third party, solely for your own use, or other authorized Service Users as provided by the Service and these Terms. You have no right to sublicense the license rights granted in this section.
2.1.2. Use Restrictions
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or App, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.
2.2. Prohibitions
By downloading, accessing, or using the App, you shall not:
2.2.1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the App in any way;
2.2.2. modify or make derivative works based upon the Service or the App;
2.2.3. “frame” or “mirror” any App on any other server or wireless or Internet-based device;
2.2.4. create Internet “links” to the Service to aid in any unauthorized use of the Service;
2.2.5. reverse engineer or access the App in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Service or App, or (iii) copy any ideas, features, functions or graphics of the Service or App;
2.2.6. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or App;
2.2.7. send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
2.2.8. send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material;
2.2.9. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
2.2.10. interfere with or disrupt the integrity or performance of the App or Service or the data contained therein; or
2.2.11. attempt to gain unauthorized access to the App or Service or its related systems or networks.
We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Service, or to review or edit any Content, but have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we, at our sole discretion, consider to be in violation of these Terms or otherwise harmful to the Service.
2.3. Copyright Policy
We respect copyright law and expect our users to do the same. It is our policy to terminate in appropriate circumstances Service Users or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
3. Representations and Warranties
By using the Service, you expressly represent and warrant that you are legally entitled to agree to these Terms. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Service. Without limiting the foregoing, the Service is not available to children (persons under the age of 18). By using the Service, you represent and warrant that you are at least 18 years old. However if aged 13-17 (16-17 in the EEA), you may only use the Service with consent of a parent or legal guardian if you are using the MY01 Device. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into these Terms and to abide by the terms and conditions of these Terms. Your participation in using the Service is for your sole, personal use. You may not authorize others to use the Service under your Account and you may not assign or otherwise transfer your Account to any other person or entity. When using the Service you agree to comply with all applicable laws from your home nation, the country, state and city in which you are present while using the Service. You may only access and use the Service using authorized means.
3.1. Additional User Agreements
By using the Service, you agree that:
– You will only use the Service for lawful purposes.
– You will not impair the proper operation of the Service.
– You will not try to harm us, or any other user or the Service in any way.
– You will not copy, or distribute the App or other content without our written permission.
– You will only use the Service for your own personal use and will not resell it to a third party.
– You will keep secure and confidential your Account password or any identification we provide you which allows access to the Service.
– You will provide us with proof of identity as we may reasonably request from time to time.
4. Intellectual Property Ownership
As between you and us, we (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. These Terms do not convey to you any rights of ownership in or related to the Service, or any intellectual property rights owned by us. Our name, logo, and names associated with the Service are our trademarks or those of our licensors, and no right or license is granted to use them except as otherwise specifically set forth in these Terms.
5. Indemnification
By using the Service, you shall defend, indemnify and hold us and our licensors, and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of, in connection with, or related to: (a) your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, or (c) your use or misuse of the Service.
You will indemnify MY01 against losses arising from your unlawful or unauthorized use of the Service, infringement of third-party rights, or breach of these Terms. This indemnity does not apply to ordinary consumer use of the Device.
6. Disclaimer of Warranties
We make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service or any healthcare service you may provide as a Provider, or receive as an individual from a Provider.
We do not represent or warrant that (a) the use of the Service or App will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, app, system or data to the extent permitted by the jurisdiction you use this App, (b) the Service or provider will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) errors or defects in the Service will be corrected, or (e) the Service or the server(s) that make the Service available are free of viruses or other harmful components. The Service is provided to you strictly on an “as is” and “as available” basis.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by us. We make no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of the services. You acknowledge and agree that the entire risk arising out of your use of the service, and any healthcare services rendered by any providers or received by you remain solely with you, to the maximum extent permitted by law. We disclaim all implied warranties of merchantability, fitness and non-infringement to the extent permitted by applicable consumer-protection statutes in the jurisdictions this app is used.
7. Internet Delays
Our Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. We are not responsible for any delays, delivery failures, or other damage resulting from such problems.
8. Limitation of Liability
Except as otherwise provided herein, in no event shall we and/or our licensors be liable to you or any other person for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). We and/or our licensors shall not be liable for any loss, damage or injury which may be incurred by you, including by not limited to loss, damage or injury arising out of, or in any way connected with the service, app or healthcare services, including but not limited to the use or inability to use the Service or App, any reliance placed by you on the completeness, accuracy or existence of any provider’s healthcare service, or as a result of any relationship or transaction between you and any provider, or you and any individual if you are a provider, even if we and/or our licensors have been previously advised of the possibility of such damages.
No Exclusion for death or personal injury
Nothing in these Terms limits or excludes MY01’s liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or wilful misconduct; (d) any liability that cannot be limited under mandatory law in the jurisdiction the Service or App is used (including UK Consumer Rights Act 2015, Directive 2019/771/EU, Québec Civil Code arts 1474-1477).
Aggregate Cap
Subject to the above clause, MY01’s aggregate liability arising out of or related to the Service shall not exceed the greater of (i) CAD 3 000 000 or (ii) the total fees paid or payable by you to MY01 for the Service in the 12 months preceding the event giving rise to liability
Excluded Damages
Subject to the above clauses MY01 shall not be liable for indirect or consequential losses (including lost profits, punitive damages, revenue, data) unless such loss was reasonably foreseeable at contract formation.
Essential Purpose
The parties agree these limits are reasonable and form an essential basis of the bargain.
9. Additional Terms
If you have downloaded our App from the Apple App Store or Google Play Store, additional terms may apply through their respective End User License Agreements. You acknowledge that these app store providers are not responsible for the App and its content. Your use of the App is limited to a non-transferable license to use the App on devices that you own or control as permitted by the Usage Rules set forth in the respective app store’s Terms of Service.
10. Notices
We may give notice by means of a general notice on the Site, electronic mail to your email address on record in our account information, or by written communication sent by first class mail or pre-paid post to your address on record in our account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us at any time by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to us at the following address:
Address for Notice:
Attention Legal Dept.
MY01 Inc.
400 Boulevard de Maisonneuve Ouest, Suite 700
Montréal, QC H3A 1L4
Canada
11. Assignment
These Terms and your Account may not be assigned by you without our prior written approval but may be assigned without your consent by us to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment by you in violation of this section shall be void.
12. Export Control
You shall not export, re-export, transfer or make available the MY01 Device, Service or related technical data except as authorized by Canadian, U.S., EU and UK export-control and sanctions laws. You confirm you are not a sanctioned party.
13. Dispute Resolution
13.1. Informal Resolution (All Users)
Before starting any formal proceeding, the parties shall first attempt to resolve the dispute by written notice and discussion in good faith. If no resolution is reached within 30 calendar days after notice, either party may proceed under the following clauses as applicable.
13.2. Consumers
If you are a “consumer” under the laws of your country of residence, nothing in these Terms takes away your right to submit the dispute to the courts of that country or to rely on any non‑waivable consumer‑protection laws.
13.3. Québec Consumers
If you reside in Québec, any dispute may be brought before the courts of Québec and these Terms are governed by the laws of Québec and the federal laws of Canada applicable therein (Consumer Protection Act, art. 11.1).
13.4. Mediation
Either party may propose mediation under the International Chamber of Commerce (ICC) Mediation Rules. Mediation is voluntary and does not affect your court rights.
13.5. Business Users (Providers and Other Non‑Consumers)
13.5.1 Governing Law
These Terms and any dispute or claim (including non‑contractual disputes) are governed by the laws of Québec and the federal laws of Canada applicable therein, excluding conflict‑of‑laws rules.
13.5.2 Arbitration
Any dispute that the parties cannot settle amicably within 30 days shall be finally resolved by arbitration under the ICC Rules of Arbitration in force when the Notice of Arbitration is submitted.
• Seat / Place of Arbitration: Montréal, Québec, Canada
• Language: English (or French if both parties agree)
• Number of Arbitrators: One (or three for claims exceeding CAD 5 million)
• Confidentiality: The existence, content and award shall be confidential, except as required to enforce the award or comply with law.
13.5.3 Injunctive Relief
Either party may apply to any court of competent jurisdiction for interim, conservatory or injunctive relief to protect its intellectual‑property or confidential‑information rights; such application shall not be deemed incompatible with this clause.
13.6. Limitation Period
To the extent permitted by applicable law, any claim must be submitted within two (2) years after the cause of action arose.
13.7. Severability
If any portion of this clause is held invalid or unenforceable, the remaining portions shall remain in force, and, where required, a court may sever or re-form the clause to the minimum extent necessary to make it valid and enforceable.
14. General
No joint venture, partnership, employment, or agency relationship exists between you, us or any Provider as a result of these Terms or your use of the Service. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
15. Governing Law
These Terms of this agreement and any dispute or claim (including non‑contractual disputes) are governed by the laws of Québec and the federal laws of Canada.