Evora Respiratory App – Terms & Conditions
1.Introduction
EVORA RESPIRATORY LP (“COMPANY”, “we”, “us” or “our”) provides sleep related services, content and tools/aids through, in part, a web-based application (collectively the “Services”).
COMPANY reserves the right to amend, modify and supplement the terms and conditions contained herein from time to time, as it sees fit, with additional or modified terms and conditions that govern your use of the Services, and such additional and/or modified terms and conditions are, together with these terms and conditions, herein referred to as the “Terms of Use” . By accessing and using the Services in any manner, you acknowledge that you have read and agree to the each of the following terms and conditions, as set forth below, and as same may be added to, supplemented or modified from time to time.
The contents of the Services include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively, the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Services” includes all of the Contents.
Unless otherwise agreed to in writing by COMPANY, the Terms of Use do not alter in any way the terms and conditions of any other agreement that you may have entered into with COMPANY. To the extent of any conflict between the terms and conditions of such other agreement and the Terms of Use, the terms and conditions of such other agreement will take precedence and control. If you breach any of the Terms of Use, your authorization to use the Services automatically terminates and you must immediately destroy any Contents in your possession and discontinue all use of the Services.
The Terms of Use will remain in full force and effect as long as you are a user of the Services and, in the event of termination of any of the Services, you will still be bound by your obligations under the Terms of Use.
2. Provision of the Services by COMPANY
You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you.
You acknowledge and agree that COMPANY may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally, in COMPANY’s sole discretion, without prior notice to you. You may stop using the Services at any time, subject to the terms of any other agreement that you may have entered into with the COMPANY respecting the Services.
You acknowledge and agree that if COMPANY disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content that is contained in your account.
3. Use of the Services by You
COMPANY grants a non-exclusive, non-transferrable licence to access the Services, the Contents and the information about the Services solely for your non-commercial, non-public and limited personal access and/or to learn about the Services. You acknowledge and agree that no right, title or interest in any of the Services provided or Contents are transferred to you. Unless expressed in the Terms of Use or authorized in a separate binding agreement with COMPANY, you agree that you will not download, copy, reproduce, duplicate, modify, distribute, transmit, sell, trade, resell, reverse engineer, decompile or make derivatives of the Contents, the Services or any of the other product or services offered on or via the Services for any purpose. Your use of the Services is subject to all applicable local, provincial, and federal laws and regulations.
You shall not use, allow, or enable others to use the Services, or knowingly condone use of the Services by others, in any manner that is, attempts to, or is likely to:
- be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
- affect us adversely or reflect negatively on us, the Services, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Services, or from advertising, linking, or becoming a supplier to us in connection with the Services;
- transmit, distribute, or upload content or programs that contain any viruses, Trojan horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
- modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Services or the rights or use and enjoyment of the Services by any other user;
- advocate or encourage any illegal activity;
- infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of COMPANY or any third party;
- violate the privacy of any individual, including users of the Services; or
- violate any applicable local, provincial, state, or federal laws or regulations (anywhere in the world).
You agree that you are solely responsible for (and that COMPANY has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which COMPANY may suffer) of any such breach.
If you are accessing the Services on behalf of another party, you confirm that you have the appropriate authorization to do so. In the event the party you are acting on behalf of: (a) cannot provide such authorization; (b) claims that you did not have such authority; or (c) claims that the information you submitted was inaccurate, you agree you shall be liable and will indemnify and hold harmless COMPANY, its affiliates, and their respective directors, officers, employees and agents from any of the foregoing.
4. Click-Through Agreements
Before you use certain areas of the Services, you may be asked to indicate your acceptance of certain special terms and conditions by clicking on a button marked “OK” or “I agree.” Any special terms and conditions to which you agree will supplement and amend the Terms of Use.
5. Third-Party Services, Sites and Information
You acknowledge that, in providing the Services, COMPANY may use third party services providers for certain tools, services and software, some of which may be hosted on a third party server. As such, while accessing the Services, you may be linked to such other third party servers. In using the Services, you acknowledge that you may be required to access and use such third party products and services in accordance with the terms and conditions attached thereto.
Use of certain links on the Services will direct you away from the Services to third party websites. If you choose to access any such sites, you do so at your own risk. Such third party websites are not under the control of COMPANY, and COMPANY is not responsible for the contents of any such website or any link contained in such website or for any loss or damage that may arise from your use of them. The third party links included on the Services are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by COMPANY of any such website or the products or services offered therein.
Any third-party content, data or publications made available through the Services are furnished by COMPANY on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Services, are those of the respective author(s) or publisher(s) and not of COMPANY. COMPANY DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
6. Privacy and Personal Information
In order to access certain products and services or as part of the account registration process, you may be required to provide information about yourself (such as identification or contact details). You agree that any registration information that you give to COMPANY will always be accurate, correct and up to date. By submitting your personal information and using the Services, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such submissions in compliance with our Privacy Policy, which is hereby incorporated by reference into the Terms of Use, and a copy of which is available within our web-based app or by emailing [email protected]. The Privacy Policy explains how COMPANY treats your personal information, and protects your privacy, when you use the Services.
Questions or requests with respect to your personal information may be sent via email to
[email protected].
7. Ownership of Intellectual Property Rights
The Services, together with all trademarks and other intellectual property displayed, distributed, or otherwise made available via the Services, is the exclusive property of COMPANY, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with COMPANY, nothing in the Terms of Use gives you a right to use any of the Contents, COMPANY’s trademarks or other intellectual property of COMPANY. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Services to any party.
No information or statement contained in the Terms of Use or the Services shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trademark, or other intellectual property right of COMPANY or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Services, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Services.
You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Contents without the express prior written consent of COMPANY or its owner if COMPANY is not the owner.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
The Services must not be framed on any other site, and you may not create a link to the Services without COMPANY’s prior permission. We may, however, if requested, grant a limited, revocable, nonexclusive right to create a link to the Services provided that such link is to the entry page of the Services and does not portray COMPANY or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner. You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. The limited rights granted to you under the Terms of Use may be revoked by COMPANY
at any time for any reason whatsoever.
8. Copyright
The Services have been developed by and are the property of COMPANY. All information and materials comprising part of the Services are protected by the copyright laws of Canada and other countries, and are the property of COMPANY or their respective owner(s). Subject to the limited licence to access the Services as provided herein, no person may: (a) copy, redistribute, reproduce or republish, in any form; or (b) link, in any manner whatsoever (including by way of hyperlinks or framing), to the Services or any of the Contents without the prior written consent of COMPANY. Any infringement of the rights of COMPANY may result in appropriate legal action.
9. Trademark
COMPANY owns or has obtained a licence to use the trademarks, logos and domain names used in connection with the Services. Any such trademarks are protected by Canadian and foreign trademarks. Any display of a trademark on the Services shall not in any way be construed as an implied licence to use
such trademarks. The use of any such trademarks without the prior written consent of COMPANY, or any applicable third party, may result in appropriate legal action.
10. No Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES AND THE CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES OR THE CONTENTS. COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICES, THE CONTENTS, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SERVICES. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENTS, OR THAT ANY ERRORS, INACCURACIES OR OMISSIONS WILL BE CORRECTED.
FOR ADDITIONAL CLARITY, COMPANY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
a. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
b. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
c. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
d. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE OR SERVICES PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, WHETHER AUTHORIZED BY COMPANY OR NOT, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
11. Limitation of Liability
SUBJECT TO SECTION 10 ABOVE AND EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
a. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND
b. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
I. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP
OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
II. ANY CHANGES WHICH COMPANY MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE
SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
III. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY USER CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR
TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
IV. YOUR FAILURE TO PROVIDE COMPANY WITH ACCURATE ACCOUNT INFORMATION; OR
V. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THE LIMITATIONS ON COMPANY’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12. Termination
We may terminate your use of the Services and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
If you want to terminate your account with COMPANY, you may do so by closing your account, where COMPANY has made this option available to you. The termination provisions of the respective agreement for the provisions of the Services may also apply.
COMPANY may at any time, terminate your use of the Services if:
a. you have breached any provision of the Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms of Use);
b. COMPANY is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
c. the partner with whom COMPANY offered the services to you has terminated its relationship with COMPANY or ceased to offer the services to you;
d. COMPANY is transitioning such that it will no longer be providing the Services to users in the jurisdiction in which you are resident or from which you use the Services; or
e. the provision of the Services to you by COMPANY is, in COMPANY’s opinion, no longer commercially viable.
When the Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and COMPANY have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.
13. Indemnification
While the employees, representatives, agents of COMPANY and its affiliates may be authorized to assist you as part of the Services (including by means of a help-desk and/or support facilities), any assistance provided by such employee, representative or agent shall be solely at your own risk and neither COMPANY nor its affiliates will be liable for any loss or damage suffered by you arising therefrom.
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless COMPANY and its successors and assigns, and any of their respective officers, directors, employees, members, agents, representatives, licensors, advertisers, and suppliers from any liability, loss, claim, and expense (including reasonable legal fees) related to: (a) your violation of the Terms of Use; and (b) your
use of the Services.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.
14. Traffic Analysis
COMPANY may collect some information each time you use the Services. This information may include the date, time, browser type, name of your internet service provider, the site that referred you to us, any pages that you request, your navigation history and your IP address. The foregoing information does not generally contain anything that can identify users personally. We use this information for, among other things, our internal audit log and system administration, and to help measure and analyze the use and function of the Services. This information may be shared with third parties in order to, among other things, improve our business and Services.
If you object to this gathering of information, you should not use or access the Services.
15. General
Except to the extent that you have entered into a separate binding agreement with COMPANY, the Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and COMPANY relating to your use and our provision of the Services and the Contents.
You agree that COMPANY may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Services, as it deems necessary and appropriate in the circumstances.
You acknowledge that the Contents may contain typographical errors or other errors or inaccuracies that may not be complete or current. COMPANY reserves the right to correct any errors, inaccuracies or omissions and to change or update the Contents at any time without prior notice. COMPANY does not guarantee that any of the foregoing errors, inaccuracies or omissions will be corrected.
You agree that if COMPANY does not exercise or enforce any legal right or remedy which is contained in the Terms of Use (or which COMPANY has the benefit of under any applicable law), this will not be taken to be a formal waiver of COMPANY’s rights and that those rights or remedies will still be available to COMPANY.
If any provision of the Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of the Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
The laws of the Province of Alberta and the federal laws of Canada applicable therein shall govern the Terms of Use in all respects, without giving effect to conflicts of laws principles.
16. Reporting and Contact
The Services are operated by:
Evora Respiratory LP
Suite 300, 4954 Richard Road SW
Calgary, AB T3E 6L1
Should you become aware of misuse of the Services including libelous or defamatory conduct, you must report it to COMPANY at [email protected].
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to [email protected].
Last updated: February 2025